The Nebraska Law Review

The Collective Fiduciary Lauren R. Roth
A Fair Competition Theory of the Civil False Claims Act bhildebrand

On December 4, 2015, the Supreme Court granted certiorari in Universal Health Services v. United States ex rel. Escobar, a fraud case that may reshape the future of $1.9 billion of annual healthcare fraud recoveries in the United States. Julio Escobar and Carmen Correa lost their daughter to a seizure while she was under the care of Universal Health Services.

Copyright’s Unconsidered Assumption: Statutory Successors to the Termination Interest (and the Unintended Consequences for Estate Planners) Katie Joseph

I. Introduction

II. A Brief Overview of Termination

III. Legislative History of Successors in Reversion and Termination ... A. 1790–1831 ... B. The 1909 Copyright Act … 1. Conferences ... 2. Congressional Proceedings ... C. The 1976 Act ... 1. Studies and Conferences on Revision ... 2. Congressional Proceedings

Our Court Masters Chad J. Pomeroy

I. Introduction

II. The Gun or the Salute

III. The Limits of Volunteerism

IV. Different Views of How Courts View Their Role ... A. The Dynamic Court View and the Constrained Court View of the Courts ... B. All Views Eventually Answer to Society

The Historical Case for Abandoning Strickland Brian R. Gallini

I. Introduction

II. The Strange Right-to-Counsel Journey ... A. The Journey to Strickland ... B. Defining Who Is “Effective” Counsel

Disability Discrimination in the Form of Ad Hoc Examinations bhildebrand

Disability Discrimination in the Form of Ad Hoc Examinations

Thomas E. Simmons*
* Thomas E. Simmons is an assistant professor at the University of South Dakota School of Law.


Disability Discrimination in the Form of Ad Hoc Examinations: A Brief Introduction bhildebrand

Nearly every Employment Law casebook, course, and lecture includes at least some mention of the Americans with Disabilities Act.  In addition to the ADA, the Nebraska Fair Employment Practice Act prohibits discrimination in the workplace.  Under either Act, an employer-mandated medical examination of an individual with disabilities is presumed to be unlawful discrimination.  Thomas E.