The Nebraska Law Review

Universities’ Speech and the First Amendment

Kristine L. Bowman, Professor of Law, Michigan State University College of Law, and Professor of Education Policy, Michigan State University College of Education

"Given the practical importance of universities refuting systemi- cally discriminatory speech occurring on their campuses and in the world, it is important to examine how the law aligns with the claim that universities and their leaders should speak in this way."

Cell Phone Searches by Employers

Marc McAllister, Assistant Professor of Business Law at Coastal Carolina University

"The starting point for developing a framework for cell phone searches is the Fourth Amendment to the United States Constitution, which prohibits “unreasonable searches and seizures” by state actors, including public employers."

Hidden in Plain Sight: Kerri S. and Nebraska’s Non-court Child Welfare System

Claudia W. Brock, J.D. Candidate, 2021, University of Nebraska College of Law

"The Nebraska Supreme Court recently held that procedural due process protections only attach for parents in non-court arrangements when the state causes a familial separation through explicit agency coercion."

So You’re Telling Me There’s a Chance: An Examination of the Loss of Chance Doctrine Under Nebraska Law

Remington Slama, J.D. Candidate, 2021, University of Nebraska College of Law

"This Comment examines the loss of chance doctrine and its differ- ent permutations. It argues that Nebraska should adopt the distinct compensable injury” approach to the loss of chance doctrine to allow patients to recover damages when their original chance of survival or better outcome is less than 50%."

Interring The Immigration Rule Of Lenity

Patrick J. Glen, Adjunct Professor, Georgetown University Law Center; Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice

"This Article seeks to fill the role of Antony: “I come to bury” the immigration rule of lenity, “not to praise” it."

The Crisis Of June 2020: The Case Of The Retired Generals And Admirals And The Clarion Calls Of Their Critics In Lex Non Scripta (Historic) Perspective

Joshua E. Kastenberg, Professor at the University of New Mexico, School of Law

"In each of the case studies presented in this Article, members of Congress advocated for the political positions espoused by the retired general and highlighted the general’s words for the purpose of attacking a presidency."

The Litigation Landscape of Fraternity and Sorority Hazing: Criminal and Civil Liability

Gregory S. Parks, Professor of Law, Wake Forest University School of Law; Elizabeth Grindell, 2020 J.D. graduate, Wake Forest University School of Law

"In this Article, we offer an overview of the current hazing litigation landscape and what the future might look like in this area."

Appropriative Fair Use: A Suggested Approach

Nathan D. Clark, Litigation associate at Cline Williams Wright Johnson & Oldfather, L.L.P.

"This Article addresses the application of that defense to a vein of contemporary art which makes it a point to take and re-present preexisting works—appropriation art."

After Forty Years, Nebraska Weighs in on Assisting Suicide: Criminal Liability for Assisting Suicide in Nebraska After State v. Stubbendieck

Samuel S. Baue, J.D. candidate, 2021, University of Nebraska College of Law; B.A., 2018, University of Nebraska-Lincoln

"After more than forty years, the Stubbendieck opinion has finally provided criminal law practitioners in Nebraska with guidance on the meaning of aiding and abetting suicide . . . [t]he next time the Nebraska Supreme Court reviews a conviction for assisting suicide, it would be wise to consider the detailed jurisprudence of assisting suicide law in jurisdictions with similar statutes."

Who Wears the Pants? Everyone Who Wants To: Expanding Price Waterhouse Sex Stereotyping to Cover Employer-Mandated Sex- Differentiated Dress and Grooming Codes in the Eighth Circuit

Jessica Robinson, J.D. Candidate, 2021, University of Nebraska College of Law

"This Comment explains how employer-mandated sex-differentiated dress and grooming codes have become the “Title VII blind spot”10 and argues that this could be remedied in the Eighth Circuit by extending the Supreme Court’s sex stereotyping doctrine as applied in Price Waterhouse v. Hopkins."

The Emerging Statutory Proximate Cause Doctrine

Sandra F. Sperino, Judge Joseph P. Kinneary Professor, University of Cincinnati College of Law

"This Article charts the emerging proximate cause doctrine from its early days as a baby doctrine. Now, the doctrine is pre-adolescent, with all of the changes and turmoil that phase entails."

Smart Contracts and the Limits of Computerized Commerce

Eric D. Chason, Professor of Law, William & Mary Law School

"The goal of this Article is to evaluate the degree to which cryptocurrencies and smart contracts can operate outside the reach of law and regulation."