The Nebraska Law Review

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.

Job Training Mythologies: Stitching up Labor Markets

Henry H. Perritt, Jr., Professor of Law and former Dean, Chicago-Kent College of Law, the law school of Illinois Institute of Technology

"This Article uses the textile and clothing industry—where the American Industrial Revolution began—as a case study to explore adjustments of labor markets to changes in technology and in product markets, while occasionally referring to other industries to reinforce a proposition or to acknowledge a difference that might alter the analysis."

Contract Design in the Shadow of Regulation

James Fallows Tierney, Senior Counsel, Office of the General Counsel, U.S. Securities and Exchange Commission; Assistant Professor of Law, University of Nebraska College of Law

"Drawing on behavioral law and economics, and illustrating with a case study of lobbying surrounding the Consumer Financial Protection Bureau’s bank account overdraft rule, this Article shows how companies use the high-quality terms they adopt in anticipation of regulation to “frame” the status quo rule."

Irrevocable Gift Promises and Promises Inducing Reliance: A Mandate for the Return of the Seal in Contract Law

Alex M. Johnson, Jr., James C. Slaughter Distinguished Professor of Law, University of Virginia Law School

"What makes irrevocable inter vivos trust donative promises—promises that induce reliance on the part of the donee— and promises made in a will enforceable, while other simple or future gift donative promises are not? The primary purpose of this Article is answering that question."

Duress and Undue Influence in Contract Law as Cognitive Trespass

Jeffrey L. Harrison, Huber C. Hurst Eminent Scholar, University of Florida College of Law

"In all cases, contract law takes a permissive approach by limiting the remedy to avoidance and restitution. This Article argues that the permissive approach is inappropriate, particularly in cases in which the vulnerability is created."

Is Prior Salary a Factor Other Than Sex? An Approach to Resolve the Ongoing Debate

Elizabeth A. Stevenson, J.D., University of Nebraska College of Law, 2020

This Note examines the uncertainty of the Equal Pay Act’s “factor other than sex” exception. 

Corporate Purpose in a Populist Era

Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law

"Given these political trends and the underlying economic ills driving them, the question arguably 'is no longer whether populist pressure will have a strong influence on policy decisions but how.'"

"I Did It, but...I Didn't": When Rejected Affirmative Defenses Produce Wrongful Convictions

James R. Acker, Distinguished Teaching Professor, School of Criminal Justice, University at Albany; and Sishi Wu, Ph.D. student, School of Criminal Justice, University at Albany

"This Article examines wrongful convictions that result from the erroneous rejection of an affirmative defense."

When Anti-Establishment Becomes Exclusion: The Supreme Court's Opinion in American Legion v. American Humanist Association and the Flip Side of the Endorsement Test

Patrick M. Garry, Professor of Law, University of South Dakota School of Law

"This Article will explore the meaning and application of the Establishment Clause in contemporary society through an analysis of the issue of state-conducted dismantling of longstanding religious displays."

"A Long and Winding Road": The South Dakota Intellectual Diversity Bill of 2019

Jon K. Lauck, Adjunct Professor of Political Science, University of South Dakota

"During the winter of 2019 and after two years of debate, South Dakota became the first state in the nation to adopt legislation promoting intellectual diversity at its state universities."