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Recent Print Articles

Bahtuoh v. Smith, 855 F.3d 868 (8th Cir. 2017): Promising a Bleak Future for Ineffective Assistance of Counsel Claims in the Eighth Circuit Mary R. Marcum, Recent Graduate, Nebraska College of Law

"The Eighth Circuit’s decision in Bahtuoh v. Smith created a split in the federal circuits. As of now, for the Eighth Circuit it is not necessarily ineffective assistance of counsel for a defense attorney to break opening statement promises to have a defendant testify."

Sexual Predator Laws: Clarifying the Relationship between Mental Health Laws and Due Process Protections Maureen F. Larsen, Recent Graduate, Nebraska College of Law, and Robert F. Schopp, Professor of Law, Nebraska College of Law

"Sex offenses are heinous crimes. Deservedly, these crimes inspire fear and moral outrage, and society must be protected from violent predators. Nevertheless, the boundaries between mental health laws and the criminal justice system must be preserved."

Custom-Tailored Law: When Statutory Interpretation Meets the Internal Revenue Code Michelle M. Kwon, Associate Professor, University of Tennessee College of Law

"When it comes to statutory interpretation, the traditional approaches fail to consider how the laws being interpreted by the courts were actually made. Instead, they tend to presume a uniform lawmaking process. In reality, the lawmaking process tends to be highly variable, both among, and even within, different areas of law."

Legal Education: A New Growth Vision: Part III—The Path Forward: Being Both Human and Digital HILARY G. ESCAJEDA, ADJUNCT PROFESSOR OF TAX LAW, UNIVERSITY OF DENVER STURM COLLEGE OF LAW

"In the decades ahead, innovative and status quo–breaking law schools will leverage and combine multidisciplinary, multigenerational human expertise with digital platform and artificial intelligence (AI) technologies to create vibrant legal education ecosystems."

Legal Education: A New Growth Vision: Part II—The Groundwork: Building a Customer Satisfying Innovation Ecosystem HILARY G. ESCAJEDA, ADJUNCT PROFESSOR OF TAX LAW, UNIVERSITY OF DENVER STURM COLLEGE OF LAW

"Financial sustainability awaits agile, future-focused legal education programs that deliver students with market-valued, cost-effective, and omnichannel knowledge and skills development solutions. Shifting from an atom-based, traditional law school mindset to a platform-based, human-artificial intelligence (AI) integrated education system requires vision, planning, and drive."

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."