The Immorality of Crimes Involving Moral Turpitude: Evaluating the Eighth Circuit’s Split in Bakor v. Barr
Emma Franklin, J.D., 2022, University of Nebraska College of Law
Voiding the Federal Analogue Act
Andrew Fels, Visiting Professor, Duncan School of Law
Welcoming Lakeesha and Vincenzo to the Restatement of Torts
Barbara Kritchevsky, University of Memphis Cecil C. Humphreys School of Law
The New Qualified Immunity Quandary
Justin C. Van Orsdol, University of Georgia School of Law
When the Math Matters: Improving Statistical Advocacy in Gerrymandering Litigation
Robin L. Juni, J.D., Visiting Associate Professor, Fundamentals of Lawyering Program, the George Washington University Law School
Precedents Ignored: Erroneous Applications of Due Process Precedents Lead to Unjust Consequences for Pretrial Detainees and a Lack of Accountability for Jailers—Whitney v. City of St. Louis, 887 F.3d 857 (8th Cir. 2018)
Deena Keilany, J.D. Candidate, University of Nebraska College of Law, 2022
Once Mentally Ill, Always So? Maybe Yes. Maybe No: Addressing the 18 U.S.C. § 922(g)(4) Circuit Split and Lifetime Gun Bans for the (Formerly) Mentally Ill
Melissa J. Araiza, J.D., 2021, University of Nebraska College of Law
Administrative Compensation for Military Harassment and Sexual Assault: A Win-Win for Victims and the Military
Gwendolyn Savitz, University of Tulsa College of Law
“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 11.1.1.1 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.