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Volume 101, Issue 4: Masthead & Contents

Nebraska Law Review

No abstract provided.

Nebraska Law Review, Vol. 101, No. 3. Masthead And Table Of Contents.

Nebraska Law Review

No abstract provided.

A Sky Full Of Stars: Should Viasat, Inc. V. Fcc Change The Agency’S Treatment Of Satellites As A Categorical Exclusion Under The National Environmental Policy Act?, Morgan Armstrong

Nebraska Law Review

Viasat, a Starlink competitor and multibillion-dollar provider of satellite services to rural areas, attempted to challenge this influx of Starlink satellites by demanding stricter environmental oversight through the FCC’s licensing process.8 Specifically, Viasat argued these satellite systems pose environmental harm to the orbital environment that, in turn, will directly harm Viasat’s operations. Viasat has challenged multiple orders granted by the FCC that allowed Starlink satellites to operate.9 Viasat brought suit asking for an injunction and, subsequently, an appeal when the injunction was denied on the most recent FCC order allowing Starlink to decrease the orbit for a subset of the …

Masthead & Table Of Contents, Vol. 102, No. 1

Nebraska Law Review

No abstract provided.

National Security As A Means To A Commercial End: Call For A New Approach, Yong-Shik Lee

Nebraska Law Review

While corporations do not enjoy unfettered freedom—they are constrained by legal, political, and social requirements and expectations—governments must have legitimate grounds when they compel corporations to act. After investigating the nationwide semiconductor shortage, the U.S. Secretary of Commerce warned that the government might invoke national security to compel semiconductor producers to disclose sensitive business information. The government has also invoked national security to justify extensive tariffs imposed on imported steel and aluminum products, leading to a major trade dispute. Years of neoliberal policy have created a perceived (though not necessarily functional) separation between government and industry. This separation encourages and, …

Masthead & Table Of Contents, Vol. 102, No. 2

Nebraska Law Review

No abstract provided.

The Presidential Avoidance Canon, Michael K. Velchik

Nebraska Law Review

This Article identifies an overlooked yet potent canon of statutory construction: the presidential avoidance canon. Under this rule, courts will not interpret a generally applicable statute to apply to the President, his close advisers, or the Executive Office of the President (EOP), absent a clear statement. Even where a statute explicitly applies to the EOP, courts may narrowly construe the law to exempt those EOP components whose sole function is to advise and assist the President. Applying this rule, courts have narrowly construed the Administrative Procedure Act, the Freedom of Information Act, the Privacy Act, the Federal Records Act, the …

Nebraska Law Review 2022 Vol. 101, No. 2 - Masthead And Table Of Contents

Nebraska Law Review

In Memoriam Dean Anna Williams Shavers

Fifty Years of the UNL College of Law Multicultural Legal Society Anna Williams Shavers 355

Picturing Anna Williams Shavers Steven L. Willborn 374

Anna Williams Shavers— In Grateful Memory Josephine (Jo) R. Potuto 378

In Memoriam–Anna Shavers Richard Moberly 382

Bright, Elegant, and Important: Remarks from Dean Shavers’ Memorial Natasha Naseem 385

Lessons from Dean Shavers Endeliza Hampton 389

Articles

Scrap McDonnell Douglas and its Burden-Shifting! Carlissa Carson 392

All Rise: Pursuing Equity in Oral Argument Evaluation Rachel Stabler 438

Due Process in Solitary Confinement: It’s Time to Overrule Sandin and Revise Wilkinson Russell …

Nebraska Law Review 2022 Vol. 100, No. 4 -- Masthead & Table Of Contents

Nebraska Law Review

No abstract provided.

Masthead And Table Of Contents, Volume 100, Number 3

Nebraska Law Review

Articles

Voiding the Federal Analogue Act -- Andrew Fels 577

Welcoming Lakeesha and Vincenzo to the Restatement of Torts -- Barbara Kritchevsky 637

The New Qualified Immunity Quandary -- Justin C. Van Orsdol 692

When the Math Matters: Improving Statistical Advocacy in Gerrymandering Litigation Robin L. Juni 727

Note: Precedents Ignored: Erroneous Applications of Due Process Precedents Lead to Unjust Consequences for Pretrial Detainees and a Lack of Accountability for Jailers— Whitney v. City of St. Louis, 887 F.3d 857 (8th Cir. 2018) -- Deena Keilany 762

Comment: Once Mentally Ill, Always So? Maybe Yes, Maybe No: Addressing the 18 …

Nebraska Law Review 2022 Vol. 101, No. 1 - Masthead And Table Of Contents

Nebraska Law Review

NEBRASKA LAW REVIEW 2022 Vol. 101, No. 1 - Masthead and Table of Contents

TABLE OF CONTENTS

Direct Democracy: From Theory to Practice Symposium

Direct Democracy: From Theory to Practice Symposium Introduction • Anthony B. Schutz 1

Federal Experimentation Through State Constitutional Initiatives • Robinson Woodward-Burns 19

Changing the Rules for Direct Democracy in the Twenty-First Century in Response to Animal Welfare, Marijuana, Minimum Wage, Medicaid, Elections, and Gambling Initiatives • John Dinan 40

The Single-Subject Rule and the Politics of Constitutional Amendment in Initiative States • Jonathan L. Marshfield 71

The Separation of Legislative Powers in the Initiative Process …

Masthead And Table Of Contents, Vol. 99-3

Nebraska Law Review

No abstract provided.

Covid-19, Constitutions, And A Connected World: Assessing The Constitutionality Of Remote Voting In Legislatures, Joseph R. Quinn

Nebraska Law Review

I. Introduction

II. Background ... A. A Brief History of the COVID-19 Outbreak and Its Effects ... B. The Legislative Response to the Outbreak

III. Federal Level: There Are No Constitutional Barriers to Remote Voting in Congress ... A. Members of Congress Lobby for Remote Voting in Response to the COVID-19 Outbreak ... B. Congress’s Rulemaking Power in the Context of Remote Voting ... C. The Political Question Doctrine Would Likely Lead the Court To Reject a Challenge to the Rulemaking Power ... D. The Quorum Requirement as a Potential Express Limitation to Congress’s Rulemaking Power in the Remote Voting …

Masthead & Table Of Contents, Vol. 100, No. 2

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol.99, No.4

Nebraska Law Review

No abstract provided.

Masthead And Table Of Contents, Vol. 100, No. 1

Nebraska Law Review

No abstract provided.

Supplemental Index To Volume 99

Nebraska Law Review

INDEX BY TITLE

INDEX BY AUTHOR

INDEX BY SUBJECT

Masthead And Table Of Contents

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 98, No. 4

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 99, No. 1

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 98, No. 3

Nebraska Law Review

No abstract provided.

Indexes To Volume 97

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 97, No. 3

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 97, No. 4

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 98, No. 1

Nebraska Law Review

No abstract provided.

Amex And Post-Cartesian Antitrust, Justin (Gus) Hurwitz

Nebraska Law Review

I. Introduction

II. Situating American Express ... A. Different Sides of the American Express Opinion ... 1. Two-Sided Markets ... 2. The American Express Opinion ... B. The Real Issue Is Messy, Not Two-Sided, Markets … C. The Many Messes of Modern Markets

III. Competition in Messy Markets ... A. Simple Competition in Simple Markets ... B. More Complex Competition in Messier Markets ... C. American Express: The Competition Is in the Pudding

IV. The Many Sides of AmEx’s Rightness ... A. A Burden Best Born by Plaintiffs ... B. Economic Theory as a Question of Law or …

Masthead & Table Of Contents, Vol. 98, No. 2

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 96, No. 4

Nebraska Law Review

No abstract provided.

Masthead & Table Of Contents, Vol. 97, No. 2

Nebraska Law Review

No abstract provided.

The Case For A Federal Cyber Insurance Program, David L. Vicevich

Nebraska Law Review

I. Introduction

II. Cyber Risk Is Best Addressed by Insurance ... A. U.S. Policy Contributes to Cyber Insecurity ... 1. The United States Leads in Cyber Offense ... 2. U.S. Domestic Policy Fosters Cyber Insecurity … B. An Escalating, Dynamic, and Unique Risk ... C. State and Multinational Actors Increasingly Involved ... D. Unique Cybersecurity Issues Frustrate Policy

III. Responses to Cyber Risk Beyond Insurance Are Failing ... A. The Public Law Response Is Inadequate ... B. Private Law Is Ineffective at Addressing Cyber Losses ... C. Public and Private Law Contradict Limiting Remedies

IV. The Private Insurance Market Is …