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The Virtue Of Ordered Conflict: A Defense Of The Adversary System, David Barnhizer

Nebraska Law Review

I. Introduction

II. The Idea of Ordered Conflict

III. Imperfections in the Adversary System

IV. The Role of Law in Coping With Conflict and Social Change

V. The Adversary System in a Complex American Democracy

VI. A Period of Intensifying Social Conflict and Search for Identity

VII. Social Despair and Acquiring Meaning through Joining a Micro-Community

VIII. How Doctrine Helps Shape and Balance our Political System

IX. Doctrine as a System and Structure

X. Conclusion: Democracy, Change, and Conflict

Evolution And Creation Science In Your School: "The Monkey Business Continues . . .", Rex R. Schultze

Nebraska Law Review

The "Genesis"

The “Exodus”

Stage 1—Prohibition

Stage 2—Equal Treatment … McLean v. Arkansas Board of Education … Aguillard v. Treen

Stage 3—Collateral Attack … 1. Prohibiting the Teaching of Creationism or Creation Science as Interference with the Academic Freedom Rights of Teachers and Students … 2. The Theory of Evolution as a Religious Belief System, Causing Its Teaching to Be a Violation of the First Amendment's Establishment Clause … 3. Free Speech and the Right of a School District to Restrict a Teacher's Ability to Talk to Students about Religion During Duty Hours … 4. Discrimination … a. Title VII …

Parental Opt-Outs In Nebraska Schools: Respecting Freedom Of Thought, Parental Rights, And Religious Pluralism, Richard F. Duncan

Nebraska Law Review

I. Introduction

II. Accommodating Parental Requests for Excusals Is Good Public Policy

III. The Nebraska Constitution Protects Parental Opt-outs

IV. Conclusion

Academic Freedom In K-12 Education, Donald F. Uerling

Nebraska Law Review

I. Introduction

II. The Concept of Academic Freedom … Endorsing the Concept … Locus of Academic Freedom

III. Constitutional Contours of Academic Freedom Expressed … Authority of School Officials … Role of Teachers … A First Amendment Right … School Authority and Teacher Rights … Forum Analysis … Legitimate Pedagogical Concern … School Policies … Adequate Notice … Vagueness and Overbreadth

IV. Constitutional Contours of Academic Freedom Applied … Inadequate Notice … Protecting the Educational System … Protecting the Teacher … First Amendment Protections Acknowledged, But School Authority Prevails … Forum Analysis … Legitimate Pedagogical Concerns … No First Amendment …

Nebraska Plea-Based Convictions Practice: A Primer And Commentary, Alan G. Gless

Nebraska Law Review

I. Introduction

II. Appellate Justice and the Precipitation of United States Supreme Court Activity ... A. Federalization of Constitutional Criminal Procedure: Denial of the Right to Counsel and the Fundamental Fairness Approach ... B. Right to Counsel Cases ... C. General Validity of Plea-Based Convictions under United States Supreme Court Cases ... 1. Voluntariness of Pleas ... 2. Paper Trail Requisite to Presumptive Voluntariness of Pleas ... 3. Other Considerations in Plea-Based Convictions ... III. Effect of Pleading Guilty or No Contest in Nebraska ... A. General Rules ... B. Defenses Not Waived by Plea of Guilty and No Contest …

First Amendment Freedoms And The Encryption Export Battle: Deciphering The Importance Of Bernstein V. United States Department Of Justice, 176 F.3d 1132 (9th Cir. 1999), David Mcclure

Nebraska Law Review

I. Introduction: Where Encryption Meets the First Amendment

II. Encryption and Its Importance Today ... A. Modern Encryption At Work ... B. Encryption Regulations

III. Bernstein v. United States Department of Justice

IV. The Battle and the First Amendment's Effect on It ... A. The Battle Lines ... B. Which Side Should the First Amendment Favor? ... C. Future Implications

V. Conclusion: The Greater Importance of Bernstein

Accountability Solutions In The Consent Search And Seizure Wasteland, José Felipé Anderson

Nebraska Law Review

I. Introduction

II. Right without Remedy: The Accountability Problem and the Forgotten Legacy of Wolf v. Colorado

III. Structural Accountability and the Undervalued Doctrine of Miranda v. Arizona

IV. The Accountability Vacuum and the Flawed Constitutional Consent Jurisprudence

V. Perception Accountability: Of Race and Men

VI. Accountability Solutions

VII. Conclusion

Home Schooling And "Shared" Enrollment: Do Nebraska Public Schools Have An Obligation To Provide Part-Time Instruction?, Tim W. Thompson

Nebraska Law Review

I. Introduction

II. Home Schooling in Nebraska … A. Statutes … B. Case Law … 1. Classroom Instruction … 2. Extracurricular Activities

III. Applicable Nebraska Case Law

IV. Applicable NSAA Regulations

V. Conclusion

Faithful To The Constitution: The Roadblock For Nebraska's Schools, Richard E. Shugrue

Nebraska Law Review

For six decades, American schools have been the major battleground in the controversy surrounding the doctrine of separation of church and state.There are huge problems and tensions among the warring parties in religion-school cases, and resort to state constitutional law will not make them disappear. The determined federal judiciary chooses to snub history, tradition, and settled state law to inject its version of civic religion back into the schools. Courts ought to undertake careful examination of the history, language, and experience before embracing a one-size-fits-all rule. For more than a century, states such as Nebraska have fought the battle over …

School Regulation Of Exotic Body Piercing, Karen A. Haase

Nebraska Law Review

I. Introduction

II. Body Piercing: The Latest Craze (and You Thought Pet Rocks Were Weird)

III. First Amendment Protection of Body Piercing (or How Can You Exercise Free Speech with That Thing in Your Mouth?) … A. Student First Amendment Rights … B. Body Piercings as “Speech”

IV. Fourteenth Amendment Protection of Body Piercing (or How Can You Even Mention “Rational” and “Body Piercing” in the Same Breath?)

V. Crafting a Constitutionally Acceptable Regulation … A. Health and Hygiene … B. Disruption … C. Discipline

VI. Conclusion

Table Of Contents, Vol. 79, No. 4

Nebraska Law Review

No abstract provided.