The Nebraska Law Review

The Case for a Federal Cyber Insurance Program

David L. Vicevich, University of Nebraska College of Law

"After considering U.S. policy, the nature of the threat, the failed public and private law responses, and the limitations of the private cyber insurance market, the discussion herein moves to consider a national cyber insurance program. . . . Finally, this Comment briefly considers the possible benefits and detriments of a national cyber insurance program generally."

Resolution Triggers for Systemically Important Financial Institutions

John Crawford, Professor of Law, University of California, Hastings College of the Law

"One of the central themes of post-crisis reforms has been tackling the too-big-to-fail problem by trying to ensure that systemically important financial institutions (SIFIs) can fail while neither sparking a broader panic nor requiring taxpayers to cover losses for the SIFIs’ creditors. Solving this problem is vital, . . ."

The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes

Rachel López, Associate Professor, Thomas R. Kline School of Law, Drexel University

"In the modern era, as the cooperation between States in military and counter-terrorism efforts increases, so does the risk that a State will facilitate the grave crimes of another State through its political, military, or economic assistance. . . . This raises the question: What legal obligations do States have to refrain from assisting other States in committing grave international crimes?"

Green Fees: The Challenge of Pricing Externalities under State Law

Erin Adele Scharff, Associate Professor, Sandra Day O’Connor College of Law, Arizona State University

"This Article takes a critical look at current state law governing the distinction between user fees and taxes. This Article then argues that Pigovian levies do not fit neatly into either legal category under the definitions in place in most states. As a result, this Article proposes reforms to state user fee definitions that would bring needed clarity to user fee doctrine."

Married on Saturday and Fired on Monday: Hively v. Ivy Tech Community College: Resolving the Disconnect under Title VII

Shannon M. Bond, J.D., University of Nebraska College of Law, 2019

"This Note evaluates whether employment discrimination based on sexual orientation is protected under Title VII’s prohibition of discrimination based on sex."

The Omnipotent School Administrator: Seeking to Curb Restriction of Off-Campus Student Speech in the Wake of C.R. v. Eugene School District 4J

Nicholas McGrath, J.D., University of Nebraska College of Law, 2019

"This Note aims to articulate a workable threshold test for determining whether an individual’s off-campus speech falls under the regulatory umbrella of school officials and the diminished protection of the First Amendment."

Electoral Votes, the Senate, and Article V: How the Architecture of the Constitution Promotes Federalism and Government by Consensus

Richard F. Duncan, University of Nebraska College of Law

"The primary focus of this Article will be to attempt to understand how the electoral vote system for the Presidency, the structure of representation in the U.S. Senate, and the ratification process of Article V protect federalism and the rights, interests, and liberties of we the people of the several states."

Innovative Antitrust and the Patent System

Gregory Day, Oklahoma State University Spears School of Business

"[T]his Article employs an original dataset, quantitative methods, and case studies to examine the effects of antitrust’s numerous policy levers on the rate of innovation in the United States."

Goodwill Hunting Gone Bad: Tax Law’s Outmoded Treatment of Goodwill

Mitchell L. Engler, Yeshiva University, Benjamin N. Cardozo School of Law

"The proposed legislative changes here would eradicate the current 'badwill hunting' association under the tax law and restore the appropriate 'good' back into the positive goodwill attribute."

Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims

Nicole B. Godfrey, University of Denver Sturm College of Law

"This Article argues the federal courts should extend Bivens to recognize the availability of a damages remedy against federal prison officials who violate a prisoner’s Free Exercise rights."

Rubin v. Islamic Republic of Iran: The Supreme Court’s Textually Veiled Decision to Give State Terror Sponsors Immunity

Jennifer Atwood

"Part III argues that the U.S. Supreme Court’s recent holding was a strained textual interpretation that was more plausibly driven by separation-of-powers concerns. Part IV concludes by briefly identifying why the Court may have decided it necessary to textually veil its constitutionally driven decision in the manner in which it did."

Why Try to Change Me Now? The Basis for the 2016 Indian Child Welfare Act

Kasey D. Ogle

"Though the Indian Child Welfare Act (ICWA or the Act) sought to address the systemic issues that created such high rates of Indian child displacement, because of the inaction of the Bureau of Indian Affairs (BIA), these problems remain."