Insurance Policy Conditions and the Nebraska Contribute to the Loss Statute:...
This Article will examine the role of the contribute to the loss standard in Nebraska. It will not tackle the much larger question of how Nebraska treats failures of insurance policy conditions;...
View ArticleLYING, STEALING, AND CHEATING: THE ROLE OF ARBITRATORS AS ETHICS ENFORCERS
This Article will begin in Part II with a short description of the expansion of judicial immunity, which is one of the biggest motivating reasons for concern for arbitral ethics. If judicial immunity...
View ArticleImproving Water Quality Antidegradation Policies
This Article focuses on the Clean Water Act’s relatively neglected maintenance aspects. It assesses whether the statute’s antidegradation policy for protecting superior water quality has fostered the...
View ArticleWILDERNESS, WATER, AND CLIMATE CHANGE
As the nation searches for climate mitigation and adaptation strategies, the pressure to develop water resources within wilderness areas and to exploit the timber, forage, wildlife, fish, and other...
View ArticleIntroduction to Mississippi River Tragedies: A Century of Unnatural Disaster
American engineers have done astounding things to bend the Mississippi River to their will: forcing one of its tributaries to flow uphill, transforming over a thousand miles of roiling currents into a...
View ArticleJUST ANOTHER BRICK IN THE WALL: THE ESTABLISHMENT CLAUSE AS A HECKLER'S VETO
"When rights are incorporated against the States through the Fourteenth Amendment they should advance, not constrain, individual liberty."' Although the First Amendment explicitly protects individuals...
View ArticleKERMIT GOSNELL’S BABIES: ABORTION, INFANTICIDE AND LOOKING BEYOND THE MASKS...
If, as Laurence Tribe has observed, “all law tells a story,” this Article tells two stories occurring forty years apart—the story of Justice Harry Blackmun and the unborn human beings he covered with...
View ArticleTaxing Honesty
It is commonly accepted that state use taxes, most notably those that are due on Internet purchases, are largely unenforceable against individual consumers. Consistent with that view, states have...
View ArticleLaw professors want hearing, vote on Garland
Dear Senator Fischer and Senator Sasse, We write this as citizens, but we all teach at the University of Nebraska College of Law. We hold different political viewpoints and disagree frequentIy with...
View ArticlePre-Mortem Cryopreservation: Recognizing a Patient’s Right to Die in Order to...
I. Introduction II. The Science of Cryonic Preservation ... A. History of Cryonics ... B. The Process ... C. Current Science ... 1. Cryobiology ... a. Successful Births with Once-Frozen Embryos ... b....
View ArticleYouthful Offenders and the Eighth Amendment Right to Rehabilitation:...
To understand the potential scope of the Court's implicit conclusion that the punishment of adolescents is unconstitutional unless a meaningful opportunity for rehabilitation is afforded, it is...
View ArticleWilderness Imperatives and Untrammeled Nature
Wilderness is often considered the epitome of naturalness – what nature ought to be. Indeed, in many ways, society, through its environmental laws, has prioritized the protection of wilderness over...
View ArticleWilderness Preserves: Still Relevant and Resilient After All These Years
This chapter explores the continuing relevance of preserving wilderness by preventing active human intervention. It concludes that the symbolic and ecological benefits of wilderness are as significant...
View ArticleThe Protection of Cultural Resources on Public Lands: Federal Statutes and...
The federal public lands—national forests, parks, and rangelands—are widely known for their vast natural resources: timber; range; minerals; watersheds; wildlife; and sweeping vistas of incredible...
View ArticleAutonomous Weapons and Human Responsibilities
Although remote-controlled robots flying over the Middle East and Central Asia now dominate reports on new military technologies, robots that are capable of detecting, identifying, and killing enemies...
View ArticleLegal Phantoms in Cyberspace: The Problematic Status of Information as a...
Reports of state-sponsored harmful cyber intrusions abound. The prevailing view among academics holds that if the effects or consequences of such intrusions are sufficiently damaging, international...
View ArticleCivil Shoplifting Statutes by State
What follows is a collection of state statutes that provide merchants a civil remedy against individuals accused of shoplifting. For additional information on civil shoplifting statutes see: National...
View ArticleSurvey of State Civil Shoplifting Statutes
Acts of shoplifting cost retailers billions of dollars each year. In an effort to reduce the frequency and economic impact of this type of theft, all 50 states and the District of Columbia have...
View ArticleJUSTICE SCALIA AND THE RULE OF LAW: ORIGINALISM VS. THE LIVING CONSTITUTION
Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America....
View ArticleOh What a Tangled Web We Weave: Mind Mapping as Creative Spark to Optimize...
Client assignments are among the most important factors that affect a student's experience in a live-client transactional law clinic. Student "attorneys" are presented with meaningful opportunities to...
View Article
