Law, College of
Nebraska Law Bulletin (Selected Issues)
The Bulletin is an online component of the Nebraska Law Review. It offers a great forum to publicize students' work, bolster their résumé, and discuss important issues in the public eye. From time to time, the Bulletin will include white papers. These come from a number of student sources; they could be seminar papers, class papers, or case notes that have not yet been selected for publication. The goal in posting these materials is to provide practitioners with the background research that was done for the paper, and perhaps readers will find them useful and interesting. Note that these papers have not undergone any substantial editing by the staff prior to publication and that there is no citation format for them. It is not our intention that they be cited. White papers are meant solely as a starting point from which practitioners and others can launch their own research.
2024
A Good IDEA: Analyzing the Ineffective Enforcement of IDEA Due to Limitations on the Recovery of Attorneys’ Fees, Anna Anderson
Propelling Nebraska's Wind Power, Peter F. Biedenweg
Protecting the Blind Side of Title VII from the Blitz of Textualism, Sean Harrison
From Shield to Sword: Straying from the Original Meaning of the Establishment Clause, Tavia Bruxellas McAlister
2023
Valuing the Lives of Plaintiffs of Color in Tort Law: A Critique of the Use of Race-Based Data in Damage Award Calculations, Alejandra Ayotitla and Ross Pesek
Visuals and Voice: The Aesthetics of Legal Writing & Persuasion Through Prose, Nathan D. Clark
What’s Our Venue, Victor? A Statutory and Constitutional Analysis of United States v. Lozoya, Sean Harrison
Religious Reformation and the Law of Unnatural Death in England, Trayce Hockstad
The Federalists of the Internet? What Online Platforms Can Learn from Reddit’s Decentralized Content Moderation Scheme, Vincent Marrazzo
The Uncertain Fate of L.B. 753 Under Article VII, Section 11 of the Nebraska Constitution’s No-Aid Provision, Anthony B. Schutz
2022
Warning: The NFL Claims Copyright Ownership of …. Everything?, Lauren Bruning
Two Causal Relationships Between the Planes of Fact-Finding and Substantive Law, Henrique Carneiro
What Do Good Lawyers Know That the Rest of Us Don’t? Introducing First-Year Law Students to “Legal Realism” (White Paper), Gregory Crespi
Mixed Emotions: How Lower Courts Misconstrue TransUnion and Have Since Created a New Judicially Cognizable Injury for Stand-Alone Emotional Distress, Varun Elangovan
Race, Public Health, and the Epidemic of Incarceration, Thalia González and Emma Kaeser
The Failure of Uncertainty Within United States' Immigration Law in the Competition for Critical Chinese-Born Stem Grads, Neil Rutledge
Protecting Our Pets: Nebraska’s Domestic Abuse Protection Orders and Pets, Josiah J. Shanks
2021
The 2020 Trump-Taliban "Peace Agreement"—Time to End the War on Terror, Jeffrey F. Addicott
Passages of Arms: The English Bill of Rights and the American Second Amendment, Christopher D. Carrier
The Big Problem with the Small Penis Rule: Why It Does Not Limit Defamation Liability, Michael Conklin
The Nuances of “Tag-Gag” Laws, Jareb Gleckel
Overruling Rostker v. Goldberg: Toward an Equal Obligation to Register for Selective Service, Tom James
A Nation and Culture's Fight for Survival: How the Existing Indian Family Exception Renders ICWA Inapplicable, Keely Kleven
Revisiting the Tri-Partite Relationship Between an Insurance Carrier, a Policyholder, and an Insurance Defense Attorney, Ross Pesek and Alejandra Ayotitla Cortez
A Balancing Act: Public Health, COVID-19, and the Economic Due Process “Right to Work”, Jennifer L. Piatt
College Sports, Enter at Your Own Risk: An Overview of the NCAA Insurance Policies Available to its Student-Athletes, Remington Slama
Racial Bias in a Provider-Patient Relationship: May Give Rise to an Intentional Infliction of Emotional Distress Claim, Lauren Ziegenbein
2020
Trans-Atlantic Market Protectionism & the Implications of Brexit, Sarah Barrett
Colorado v. Connelly: Free Will and Rational Intellect No Longer Important Constitutional Considerations, Andrew N. Benefiel
Leaving the Twilight Zone: A Congressional Check on Treaty Termination, Cormac C. Broeg
A Contractor’s Guide: Nebraska’s Anti-Indemnity Statute, Brett M. Bruneteau
Conquering a Legislative Court: Murphy and an Opportunity for Clarity in Indian Country, Michael R. Faz
Real Due Process or Charades Due Process for Economic Regulation? A Simple Textual Interpretation of the Due Process Clause, Dustin Romney
Agricultural Nuisance Liability in Nebraska after LB 227 (2019), Anthony B. Schutz
2019
A Piece of Cake or Religious Expression: Masterpiece Cakeshop and the First Amendment, Richard F. Duncan
Script, Bruning Lecture University of Nebraska College of Law, Bob Kerrey
A Skidmore-Style Deference for Banking Preemption, John L. Rockenbach
A “Spoonful of Sugar” Won’t Make This Go Down: Analyzing the Enforceability of Automatic Carpet Cleaning Clauses in Nebraska (Comment), Sarah A. Wetzel
2018
Innocent or Inconclusive? Analyzing Abolitionists’ Claims About the Death Penalty (White Paper), Michael Conklin
Supreme Court Coverage: Using Kelo and Citizens United to Measure Media Bias, Michael Conklin and Louis S. Nadelson
The Ethical Responsibility of Public Lawyers at a Time When Most Americans Distrust Their Government (White Paper), R. A. Cuevas Jr.
Should the U.S. Reclaim Control of the Internet? Evaluating ICANN’s Administrative Oversight Since the 2016 Handover, Mark Grabowski
South Dakota v. Wayfair and Tax Modernization in Nebraska, Adam B. Thimmesch
The Rule of Law: More than Just a Law of Rules, Donald B. Verrilli Jr.
2017
Liar, Liar, Retaliation Claim on Fire: Egei v. Johnson: Protecting an Employee’s Right to Dishonesty (White Paper), Sarah Applegate
Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015): The Second Circuit Threatens to Disrupt Capital Markets (White Paper), Daniel Kaplan
2016
NCAA Transfer Restraints: Free Agency for College Players?, Michael H. Leroy
2015
The Fifth Judge: Thompson v. Heineman and Nebraska’s Judicial Supermajority Clause, Kathleen Miller
Disability Discrimination in the Form of Ad Hoc Examinations, Thomas E. Timmons
2013
The Evaporating Trust in American Legal Education, Kyle P. McEntee
Improving Law School “Transparency”, Jeffrey Evans Stake
Regulators, Mount Up, Ben Trachtenberg
2012
LB 36: A Shot in the Arm for Lethal Injection, Eric Berger
“School Sponsorship” and Hazelwood’s Protection of Student Speech: Appropriate for all Curriculum Contexts? (White Paper), Adam Hoesing
It’s All Academic: A Response to “Enforcement of Law Schools’ Non-Academic Honor Codes: A Necessary Step Towards Professionalism?” by Nicola A. Boothe-Perry, Jonah J. Horwitz
2010
Preservation of Error for Appellate Review, William B. Cassel and Anneliese Wright
A Matter of Interpretation, Daniel J. Hassing
2009
Thoughts on LB 36: Problems with the Proposed Bill to Institute Lethal Injection in Nebraska, Eric Berger
Fore! A Heads-Up to Nebraska Real Estate Attorneys After the Skyline Woods Golf Course Case, Daniel J. Hassing
Preventing and Suppressing Gang Crimes through Comprehensive Anti-Gang Legislation: A Solution to Nebraska’s Gang Problem (White Paper), Daniel J. Hassing
SORNA in the Eighth Circuit, Daniel J. Hassing
White Robes and Black Robes: The Nebraska Supreme Court’s Vacatur in State v. Henderson, Daniel J. Hassing
You’ve Got Mail: Harassing Emails and the First Amendment in State v. Drahota, Daniel J. Hassing
How Extraordinary Lawyers Saved an Ordinary Trial Judge from Mucking Up an Extraordinary Case, Richard G. Kopf
There’s No Escape: The Plaintiff’s Right to Dismiss After the Submission of a Motion for Summary Judgment or a Motion to Dismiss, John P. Lenich
Pick and Nebraska Employment Law: Interpreting Contracts and Good Faith, Steven L. Willborn
Nebraska MCLE Rules Leave Some Lawyers Behind, John Wiltse