The Nebraska Law Review

All Rise: Pursuing Equity in Oral Argument Evaluation

Rachel Stabler, Associate Clinical Professor of Law, Arizona State University Sandra Day O’Connor College of Law

"The nature of a traditional oral argument, where a student stands before a judging panel to present an oral argument based on a written brief, makes anonymous grading impossible. This introduces tension for those called on to evaluate oral arguments, whether as a required component of coursework, as part of a moot court competition, or in another setting. How can an evaluator who does not have the benefit of anonymity nonetheless guard against biases affecting the evaluation of an oral argument?"

NO DOGS ALLOWED (Without a Warrant): Expanding the Fourth Amendment Sanctity of the Home to Interior Threshold Searches for Tenants in Multiunit Dwellings–United States v. Mathews

Katelin O’Connor, J.D. Candidate, 2023, University of Nebraska College of Law

"The storied history of Fourth Amendment interpretation lacks clarity regarding what comprises a permissible search and what limitations are placed on a tenant’s reasonable expectation of privacy, particularly concerning the utilization of dogs to conduct sniff searches. As a result, tenants in multiunit dwellings have traditionally received fewer constitutional protections under the Fourth Amendment compared to those who live in single-family, stand-alone homes."

A Dubious Proposition of Law: Why Judicial Deference to Agency Interpretations of Regulations Is at Odds with Nebraska Law

Trevor J. Rogers, J.D., 2022, University of Nebraska College of Law

"This Comment argues that Justice Papik’s Prokop concurrence is correct. But he is correct not just because the Nebraska Supreme Court improperly adopted a questionable doctrine from federal law and because Nebraska’s APA prohibits deference, but also because judicial deference to agency interpretations of regulations clashes with Nebraska Supreme Court precedent and violates Nebraska’s Constitution."

Federal Experimentation Through State Constitutional Initiatives

Robinson Woodward-Burns, Howard University

The Single-Subject Rule and the Politics of Constitutional Amendment in Initiative States

Jonathan L. Marshfield, University of Florida Levin College of Law

The Separation of Legislative Powers in the Initiative Process

Anthony Johnstone, University of Montana Blewett School of Law

Taking Down the Eighth Circuit Monolith: Big-Ag & Ag-Gag

Kelly Shanahan, University of Nebraska College of Law