The Nebraska Law Review

“How the Sausage Gets Made”: Voter ID and Deliberative Democracy

Joshua A. Douglas, University of Kentucky J. David Rosenberg College of Law

This article tells the story of the passage of Kentucky’s new photo ID law for voting, recounts the litigation over the new photo ID bill, which the state implemented in November 2020 during the COVID-19 pandemic, and offers key takeaways discussed through the legislative theory of deliberative democracy.

Politicizing Regulation: Administrative Law, Technocratic Government, and Republican Political Theory

Benjamin M. Barczewski, Visiting Assistant Professor, University of Maryland, Francis King Carey School of Law

This Article argues that one reason Americans remain so distrust- ful of their own government, despite the astounding advancement of the administrative state’s technical and scientific abilities, is that technocratic justifications deny virtually any role for democratically determined moral judgments in administrative rulemaking and mask the part those moral judgment do play.

The Propriety of Incorporating Enforcement Staff Declination Statements into the NCAA Infractions Process Following Bylaw Head Coach Responsibilities Investigations

Joshua Lens, J.D., Assistant Professor of Recreation and Sport Management at the University of Arkansas, Fayetteville

The Incriminating Sound of Silence: A Need for Protection of Post-Arrest, Pre-Miranda Silence

Emily Locke, J.D. Candidate (2022), The University of Nebraska College of Law

This Comment argues that a defendant’s right to remain silent under the Fifth Amendment includes silence occurring after arrest but before receipt of the Miranda warnings.

COVID-19, Constitutions, and a Connected World: Assessing the Constitutionality of Remote Voting in Legislatures


This article demonstrates that while there may be practical hurdles to overcome in order to implement remote legislative voting, neither the U.S. Constitution nor the Constitution of the State of Nebraska provide any detrimental barriers.

Cracking Self-Defense’s Intractable “Difficult Cases”

T. Markus Funk, Ph.D, Oxford University

Listen!: Amplifying the Experiences of Black Law School Graduates in 2020

Sarah J. Schendel, Associate Professor of Academic Support at Suffolk University Law School

"This Article includes the results of a pilot survey designed to determine the predominant themes in the experiences of Black law school graduates in 2020."

COVID-19 Control: Disrupting Doctor-Patient Relationships

Roy G. Spece, Jr., John D. Lyons Professor of Law, University of Arizona James E. Rogers College of Law

"This Article employs constitutional law to analyze, defend, or undercut the use of delay pronouncements, ethical codes, literature, and concepts."

Where’s the Meat? Lochner and the President’s Executive Order

Catherine M.A. McCauliff, Emeritus Professor, Seton Hall Law