The Nebraska Law Review

The Rule of Law: More Than Just a Law of Rules

Donald B. Verrilli Jr., Partner, Munger, Tolles & Olson

"One can view the deep divisions in our legal culture, and one can view this confirmation battle, in partisan terms: Conservatives want one set of judicial outcomes, liberals want a different set of judicial outcomes and what we are witnessing is just a struggle about who is going to be in charge. All the rest is just posturing. But I think something deeper is going on."

Readdressing Nebraska ’s Misinterpreted Conscience Clause

Brenna M. Grasz, Recent Graduate, Nebraska College of Law

"By declining to interpret the Conscience Clause according to its plain language and by assigning a federal provision’s meaning to the Conscience Clause, the Nebraska Supreme Court rendered the text, history, and purpose of the clause meaningless."

Is Warrantless Urine Testing Constitutional?—Resaonableness of Warrantless Urine Testing in Cases Involving Driving While Under the Influence of Alcohol or Drugs

Mariah Haffield, Recent Graduate, Nebraska College of Law

"First, this Comment will address the development of the law as it applies to warrantless blood and breath testing. Then, this Comment will analyze how the emergency exception applies to warrantless urine testing but ultimately decides it should not fall under this doctrine."

When Tribal Disenrollment Becomes Cruel and Unusual

Judith M. Stinson, Clinical Professor of Law, Sandra Day O’Connor College of Law, Arizona State University

"Although tribes have the inherent authority to resolve disputes and address their members’ conduct with sanctions, disenrolling tribal citizens for criminal conduct constitutes cruel and unusual punishment. The core protection against such punishment is—and should be—available to all citizens within the United States, including Native American citizens."

The Legislative Role in Procedural Rulemaking through Incremental Reform

Briana Lynn Rosenbaum, Associate Professor of Law, University of Tennessee College of Law

"Public policy theory generally studies two types of institutional change: major changes at critical moments and incremental change. Using an institutional public policy theoretical lens, this Article explores congressional efforts to incrementally change the substantive law through procedural change and litigation reform."

Legal Education: A New Growth Vision Part I—The Issue: Sustainable Growth or Dead Cat Bounce? A Strategic Inflection Point Analysis

Hilary G. Escajeda, Adjunct Professor of Tax Law, University of Denver Sturm College of Law

"Legal education programs now face strategic inflection points. To survive and thrive long-term, education programs must embrace entrepreneurship, technology, innovation, platforms, and customer service as the means by which to navigate through strategic inflection points. Imagination, adaptability, agility, determination, and speed will separate market leaders from laggards."

Unreported Sexual Assault

Saul Levmore and Martha C. Nussbaum, Professors of Law, University of Chicago Law School

"Unreported criminal behavior is troubling for a variety of reasons, including the likelihood that it reduces the law’s ability to deter wrongdoing. This Article examine[s] the possibility of encouraging reports with rewards and penalties and explain[s] why rewards are superior to penalties."

“Essentially Black”: Legal Theory and the Morality of Conscious Racial Identity

Kenneth B. Nunn, University of Florida Levin College of Law

"In this Article, I examine the anti-essentialism critique that has developed in Critical Race and LatCrit legal theory. I argue that the anti-essentialism critique offered by critical theorists is misguided insofar as it claims that the assertion of a conscious racial identity is morally wrong."

Known Unknowns: Legislating for a Juvenile’ s Reformative Uncertainty

Tiffani N. Darden, Michigan State University College of Law

"Juvenile offenders are constitutionally different from their adult counterparts. . . . In this Article, I argue that when reviewing juvenile sentences in criminal courts, the Supreme Court’s Eighth Amendment analysis should treat the national consensus prong as subordinate to its own judgment based on social science, developmental psychology, and neuroscience research advancements."

Strict Liability and Negligence in Copyright Law: Fair Use as Regulation of Activity Levels

Apostolos G. Chronopoulos, Queen Mary University School of Law

"In this Article, I argue that the tort of copyright infringement constitutes a mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting the progress of science and the useful arts, as instructed by the Intellectual Property Clause of the Constitution."

Endorsing Pedophiles for Elected Office?

David R. Katner, Tulane University Law School

This Article discusses "pedophilia, the dynamics of victims’ delay in reporting their victimization, various institutional protections afforded to accused child molesters, political sexual misconduct, current literature on the impact of child molestation, and the difficulties faced by victims of child molestation. . . ."

Everything, but Maybe Nothing: The Supreme Court’s Important—but Fragile—Decision in Trinity Lutheran Church of Columbia, Inc. v. Comer: 137 S. Ct. 2012 (2017)

John Lucas Rockenbach, University of Nebraska College of Law

This Note "argues the Supreme Court correctly held that Missouri’s policy violated the Free Exercise Clause but contends that one aspect of the Court’s reasoning . . . is unsound and should be abandoned . . . [and] describes how lower courts have reacted to Trinity Lutheran, questions the immediate impact of the case, and forecasts future Supreme Court action."