The Nebraska Law Review

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."

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."