The Nebraska Law Review

"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."

Sports Gambling in Nebraska: A Good Bet for the Good Life

Brett M. Bruneteau, J.D., University of Nebraska-Lincoln

"Nebraska should legalize and regulate sports gambling. In May 2018, the Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA), a federal bill designed to ban sports gambling across the United States. Consequently, sports gambling became a state issue."

The Statutory Stigmatization of Mentally Ill Parents in Parental Rights Termination Proceedings

Student Julie Wertheimer, J.D. Candidate, 2020, Psychology Ph.D. candidate, University of Nebraska-Lincoln

"This Comment will argue that the parental rights termination statutes that list “mental illness or mental deficiency” as a ground for termination promote the stigmatization of parents with mental challenges."

Judge Koh’s Monopolization Mania: Her Novel Antitrust Assault Against Qualcomm Is an Abuse of Antitrust Theory

Richard A. Epstein, Laurence A. Tisch Professor of Law, The New York University School of Law.

 "The consequences of the FTC’s misclassification of its case against Qualcomm is serious in that it tends to suppress the competition and innovation that the antitrust laws are supposed to advance."

Digital Platforms and Antitrust Law

Keith N. Hylton, Professor of Law, Boston University Law School.

"This Article is about big data and antitrust law. . . . This Article takes a broad brush to the topic and sweeps in non-competition issues where relevant."

Platforms, Power, and the Antitrust Challenge: A Modest Proposal to Narrow the U.S.-Europe Divide

Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law.

"This Article is a comparative analysis of U.S. and EU law regarding monopolization/abuse of dominance as background to understanding why EU law is aggressive and U.S. law may be meek in the treatment of the big tech platforms."

American Express, the Rule of Reason, and the Goals of Antitrust

Harry First, Charles L. Denison Professor of Law, New York University School of Law.

"[I]n this Article I argue that the Court’s opinion muddled the rule of reason analysis instead of advancing it and misused the concept of 'market' along the way."

Lessons from Amex for Platform Antitrust Litigation

Evan Chesler, Chairman, Cravath, Swaine & Moore, LLP, & David Korn, Associate, Cravath, Swaine & Moore, LLP.

"This Article, written one year after the [Amex] decision, highlights several lessons from the [Amex] Court . . . [and] also addresses some of the criticisms and misperceptions surrounding the decision."

AmEx and Post-Cartesian Antitrust

Justin (Gus) Hurwitz, Associate Professor of Law and Co-Director, Space, Cyber, and Telecom Law Program, University of Nebraska College of Law.

"The Court’s American Express opinion is not narrowly about whether (or how) antitrust law should embrace the theory of two-sided markets. Rather, I argue that this opinion is part of the Court’s ongoing efforts to understand how antitrust law should evaluate markets that are not neatly 'horizontal' or 'vertical.'"

Platforms, American Express, and the Problem of Complexity in Antitrust

Chris Sagers, James A. Thomas Distinguished Professor of Law, Cleveland State University.

"This Article will ask as an initial question whether the stance taken in American Express was a worthwhile prophylaxis, comparing the cost of its rule to the likelihood that some good was done by giving credit cards this much leeway."