The Nebraska Law Review

Beyond Unreasonable

John Inazu, Sally D. Danforth Distinguished Professor of Law and Religion, Washington University in St. Louis

"This Article explores the vague lines that separate our sense of reasonable, unreasonable, and beyond unreasonable—the reasonableness lines."

The Homesteading Rights of Deserted Wives: A History

Hannah Haksgaard, Associate Professor of Law, University of South Dakota School of Law

"After documenting the history of homesteading rights of deserted wives, this Article explores how these unique administrative decisions adopted or rejected the prevailing marital norms in America and how understanding these administrative decisions can aid in our understanding of marriage in American history."

Suspects Use Cell Phones, but So Do We: State v. Goynes and the Constitutional Dangers of Boilerplate Search Warrants

Shayna Bartow, J.D. candidate, 2021, University of Nebraska College of Law

"This Note aims to articulate the shortcomings of the court’s decision in Goynes and the impact it has on Fourth Amendment protections in Nebraska."

Nebraska Nonsense: Trojan Horse or Cash Crop?

Jared West, Juris Doctor, University of Nebraska College of Law, Class of 2020

"This Comment will argue that the Nebraska Hemp Farming Act (NHFA) is not a slippery slope for legal marijuana."

Remembering Professor Martin Gardner

Steven L. Willborn, Robert Denicola, Richard Moberly, Anna W. Shavers, University of Nebraska College of Law; Richard G. Singer, Rutgers Law School

Professor Martin R. Gardner, Steinhart Foundation Professor of Law at the University of Nebraska College of Law, passed away in Nov. 2019. This Article is a series of tributes to the late professor from his colleagues at the University of Nebraska as well as Rutgers Law School. 

Removing Miranda from School Interrogations

Martin R. Gardner, Steinhart Foundation Professor of Law, University of Nebraska College of Law

"This Article attempts to provide resolution to the confused law governing school interrogations by arguing that students are not in custody for Miranda purposes when school administrators conduct interrogations or are present when SROs or police officers question students."

Seeing the No-Compelled-Speech Doctrine Clearly through the Lens of Telescope Media

Richard F. Duncan, Sherman S. Welpton, Jr. Professor of Law and Warren R. Wise Professor of Law, University of Nebraska College of Law

"The purpose of this Article is to take a close look at what has become the leading case on the right of expressive wedding vendors to resist speech compulsions—the Eighth Circuit’s decision in Telescope Media Group v. Lucero."

Running the Full-Court Press: How College Athletic Departments Unlawfully Restrict Athletes' Rights to Speak to the News Media

Frank D. LaMonte, Professor & Director of the Joseph L. Brechner Center for Freedom of Information at the University of Florida; Virginia Hamrick, Staff Attorney, First Amendment Foundation

"This Article augments the growing body of scholarship about athletes’ rights by focusing on one particular and largely overlooked right: the right to speak freely to the news media."

Leveraging Noncognitive Skills to Foster Bar Exam Success: An Analysis of the Efficacy of the Bar Passage Program at FIU Law

Raul Ruiz, Assistant Professor and Assistant Dean, Florida International University College of Law

"This Article will discuss what has caused a decrease in bar exam scores nationwide and how the bar preparation program at the Florida International University College of Law (FIU or the FIU College of Law) has counteracted declining pass rates."

The Damages of Caps in Nebraska

Carey D. Collingham, J.D., 2020, University of Nebraska College of Law

"Nebraska holds the embarrassing distinction of likely being one of the two harshest states in the country in its treatment of citizens injured at the hands of malpractice."

Execution on the Ballot: Lessons for Judicial Review of Ballot Measures from the Death Penalty Referendum in Nebraska

Kait Madsen, J.D. Candidate, University of Nebraska College of Law, 2021

"This Comment argues that the appropriate level of judicial review of ballot measures is (1) high deference to voters and “[liberal construction] to promote the democratic process” in reviewing procedural challenges before the election, and (2) “legislative mirroring” for challenges to newly enacted laws after an election."

The Public School as the Preeminent Site of Constitutional Law

Justin Driver, Professor of Law, Yale Law School

The 2019 Lane Lecture.