Social and Behavioral Sciences Commons^™

Recent Supreme Court Arbitration Rulings Affect Employment And Class Action Arbitrations, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

The United States Supreme Court remains active in the area of arbitration law, deciding between one and three arbitration cases per term over the course of the last five or so years. Despite their recentness, many of these arbitration decisions are already considered “landmark” cases, drastically affecting the way attorneys, arbitrators, and judges approach arbitration cases. This short article recounts some of the most important arbitration decisions of the last decade, focusing on cases relating to labor and employment issues and class action issues.

The first section of this article considers cases dealing with labor and employment issues, as well …

Why I Am A Libertarian In Secular America, Richard F. Duncan

Nebraska College of Law: Faculty Publications

Argues that the selective funding of education in secular government schools guarantees religious inequality in America.

Using The Public Natural Resource Management Laws To Improve Water Pollution Anti-Degradation Policies, Sandra Zellmer, Robert Glicksman

Nebraska College of Law: Faculty Publications

The Clean Water Act’s principal goal is to “restore and maintain” the integrity of the nation's surface water bodies. The Act’s adoption was spurred largely by the perception that unchecked pollution had caused the degradation of those waters, making them unsuitable for uses such as fishing and swimming. At the time Congress passed the statute, however, some lakes, rivers, and streams had water quality that was better than what was needed to support these uses. An important question was whether the statute would limit discharges with the potential to impair these high quality waters. EPA’s anti-degradation policy sought to ensure …

Crowdfunding And The Federal Securities Laws, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Crowdfunding-the use of the Internet to raise money through small contributions from a large number of investors-could cause a revolution in small-business financing. Through crowdfunding, smaller entrepreneurs, who traditionally have had great difficulty obtaining capital, have access to anyone in the world with a computer, Internet access, and spare cash to invest. Crowdfunding sites such as Kiva, Kickstarter, and IndieGoGo have proliferated, and the amount of money raised through crowdfunding has grown to billions of dollars in just a few years.

Crowdfunding poses two issues under federal securities law. First, crowdfunding sometimes involves the sale of securities, triggering the registration …

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers & Making The Law Work For Families, Methodology, Beth A. Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, And Making the Law Work for Families, Methodology, Texas Journal of Women & the Law.

Full Article Text Available at: http://ssrn.com/author=1104408

Potential For Self-Reporting Of Older Adult Maltreatment: An Empirical Examination, Eve M. Brank, Lindsey E. Wylie, Joseph A. Hamm

Nebraska College of Law: Faculty Publications

This Article examines state statutes providing for the mandatory reporting of older adult maltreatment. These statutes are important in protecting older adults from potential victimization at the hands of both formal and informal caregivers. Nevertheless, Professor Brank, Ms. Wylie, and Mr. Hamm argue that these statutes undermine older adults’ autonomy and individual decision making because the statutes are modeled off the parens patriae framework of child maltreatment statutes. The authors believe these statutes effectively disempower older adults because older adults, unlike children, should be considered competent decision makers unless adjudicated otherwise. The authors contend that this system is the product …