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Introduction, David Earl Wietlispach

Nebraska Law Review

What follows in these pages is some of the scholarship that law professors from around the country came to discuss at the fall 2024 Nebraska Law Review Symposium: Democracy Without Trust? Professors Jennifer Breen and Brandon Johnson both tackle the question of whether institutions deserve trust, especially the nation’s courts. Professor Jacob Eisler discusses the role of party politics and gerrymandering. Professor Anthony Gaughan examines the rise and fall of trust in American higher education. The Nebraska Law Review chose this topic—proposed by Professor Johnson—for its timeliness ahead of a consequential presidential election. The Nebraska Law Review would like to …

Democracy’S Fundamentals: Efficacy, Equality, And The Supreme Court, Jenny Breen

Nebraska Law Review

When assessing courts in a democratic regime, we must begin by asking substantial questions about what it means for any democratic nation to allocate such important functions to an often unelected branch of government. Courts must fit within a democracy, not democracies within a judicial system. This Essay identifies two fundamental predicates of democratic rule—efficacy and equality—and examines the decisions of the United States Supreme Court in light of both of those key categories, finding that its recent decisions have been consistently undermining both. These observations on the United States Supreme Court are prefaced by overviews of the scholarly literature …

The Rise And Fall Of Public Confidence In Higher Education, Anthony J. Gaughan

Nebraska Law Review

During the 20th century, college came to be viewed as an essential credential on the path to middle-class prosperity. But in the 21st century, a growing percentage of Americans have come to doubt the value of higher education. Consequently, the future for colleges and universities has never been more uncertain.

This Article explores the rise and decline of public confidence in higher education. Part One explores how higher education gained the confidence of the American people. In the 1800s, the idea that higher education would uplift the country became an article of national faith. The 20th century saw further gains …

Lessons From The Vieth Dissents: Partisan Gerrymandering, Party Construction, And The Challenge Of Judicial Intervention, Jacob Eisler

Nebraska Law Review

No topic endured more uncertainty over the past fifty years than the legality of politicized districting. In 1986’s Davis v. Bandemer, the Supreme Court first indicated that sufficiently egregious partisan gerrymanders might be unconstitutional, while offering a test so vague that federal courts virtually never found districtings to be illegal. In 2004’s Vieth v. Jubelirer, a plurality of the bench announced the Supreme Court lacked appropriate constitutional tools to identify such partisan gerrymanders—but Justice Kennedy’s concurrence suggested that while no test had yet been found, one might be found in the future. It was not until 2019’s Rucho …

Dreamers And The Fda: Article Iii Standing In Immigration Cases After Fda V. Alliance, Madeline Hutchison

Nebraska Law Review

States historically challenge federal executive policy through litigation. One recent example is Texas’ challenge to the Deferred Action for Childhood Arrivals (“DACA”) policy for the second time in two years. The validity of DACA was challenged in the Fifth Circuit due to immigration concerns by Texas, where the court ultimately held Texas had Article III standing to sue. However other courts, and the Supreme Court in particular, have begun closing the door on plaintiffs that demonstrate only broad injuries related to government regulations and policies. The June 2024 Supreme Court ruling in FDA v. Alliance may open the door for …

The Jurisprudence Of Statutory Interpretation: A Framework For The Logical Restraints Of Legal Positivism And Textualism, K. A. Stenseng

Nebraska Law Review

Since President Donald Trump’s first term in office, the Supreme Court has become increasingly dominated by justices who identify as textualists. In recent years, the Court’s environmental decisions (and the Court itself) have become the center of public scrutiny. As President Trump proceeds through his second term in office, how can legal experts and policymakers better understand the trajectory of the current court? Answering this question is vital as the legal community faces new questions surrounding the Rule of Law.

This Article centers on recent Supreme Court case law, including the Court’s controversial Clean Water Act (“CWA”) decision in Sackett …

Masthead & Table Of Contents, Vol. 104, No. 2

Nebraska Law Review

No abstract provided.

Zigzagging Outer Space: The Legal Complexities Of Mega-Constellations, Alex S. Li

Nebraska Law Review

The rapid rise of satellite mega-constellations is reshaping the “spacescape” of Low Earth Orbits (LEO). This Article explores the unprecedented challenges introduced by these vast networks and proposes a comprehensive governance framework to ensure their sustainable operations.

It begins by examining the transformative potential of mega-constellations and offering an overview of current deployments and upcoming projects. It then evaluates the existing legal landscape, highlighting the key treaties, international organizations, and national regulators that can influence these systems. The Article then describes how the fragmented nature of the current regulatory architecture leaves us ill-equipped to address the critical challenges, such as …

Reading Is Dead: Can Law Schools Make Lawyers From Non-Readers?, Elizabeth Ruiz Frost

Nebraska Law Review

Reading is dead. While its death has been widely reported in popular media, this Article contributes to the conversation by connecting the death of reading to core lawyering skills, arguing that the way we teach in law schools must change to account for the loss. Reading fuels critical thinking skills, communication skills, general knowledge, and our ability to understand and empathize with people. Thus, a lifetime of reading builds the foundation for core lawyering skills. But what happens when law students spend their lifetime doing anything but reading? This Article will first explain, briefly, how reading has been taught in …

The Overlooked Dynamics Of Sibling Violence: Sociological Perspectives And Intervention Strategies, Rowland Edet

Department of Sociology: Faculty Publications

Sibling violence (SV) represents a pervasive yet underexplored dimension of family violence, encompassing physical, emotional, and psychological abuse. This paper critically examines the intersection of gender dynamics, societal norms, and family structures in shaping SV behaviors. Using social learning theory (SLT) as a foundational framework, the analysis explores how gendered expectations and traditional roles influence the prevalence and forms of aggression, with boys more likely to exhibit overt physical aggression and girls engaging in relational aggression. The paper critiques the deterministic tendencies of SLT, highlighting the agency of individuals in rejecting modeled behaviors, and incorporates intersectionality to address the interplay …

Bioshock And Bioshock 2: A Case Study Of Tragic Posthumans, Madison Knight

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Video games offer unique perspectives when analyzing the social structures built into the world of a text; choice becomes a major factor in the central action of video games as players take control of the story’s main protagonists. Two video games that fixate on this idea of choice and its intersection with the posthuman are Ken Levine’s BioShock (2007) and its direct successor, Jordan Thomas’s BioShock 2 (2010). The games each feature posthuman protagonists. Posthumans themselves are often prejudiced and portrayed to be “other,” and while BioShock equally asserts posthumans as “others,” these games show a different side to the …

Volume 11, Issue 3, Critical Currents And Pedagogical Shifts In Popular Culture And Pedagogy, Journal Dialogue

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Volume 11, Issue 3 of Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy: On Confronting Identity and Global Challenges through Popular Culture and Pedagogy.

Read More Comics: Developing Student Analysis Skills And Engagement Through The Use Of Comic Books In General Education Courses, Keri Crist-Wagner

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

Undergraduate student participation in general education classes constitutes a point of struggle for many educators. Using both critical constructivism and counter storytelling as theoretical frameworks, this multi-method phenomenological case study explored the experiences of undergraduate honors students in a semester-long general education literature class. The purpose of this study was to 1) explore how comics can be used as a pedagogical tool in higher education classrooms, 2) assess the ways in which students interacted with comics, and 3) investigate what role comics played in engagement and development of critical thinking and analysis skills. Primary data collection involved document review of …

Escaping The Pedagogical Cabin In The Woods, Tony Kemerly, Davis Ritenour

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The American educational system, because of its seemingly innocuous yet ubiquitous nature, has become, to borrow a term from Roland Barthes, naturalized. By being naturalized, it has become a system that has somehow slipped beneath the radar of the American populace and operates on an autopilot of sorts that allows it to employ practices that don’t necessarily have the best interests of its constituents at heart. Murray Rothbard (1979) argued that compulsory schooling is not guided by altruism, but rather a desire to coerce the population into a mold that is desired by those possessing power in society. This need …

Building Transferable Skills In An Interdisciplinary Science And Science Fiction Capstone Course, John D. Carrell, Robert G. Weiner, Alexandria Prather

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

College graduates are entering an ever-competitive workforce. Interdisciplinary course experiences are critical for developing analytical abilities and learning and these courses can provide valuable skills that will aid students beyond the classroom. These transferable skills include communication, teamwork, analytical and critical thinking, and creativity. To provide a unique learning experience and, through it, the development of transferable skills, the Honors College at Texas Tech University created an upper-level Capstone course titled “Superheroes, Super Villains, AI, Time Travel, and Film in Science and Popular Culture.” The class is an interdisciplinary look at science and science fiction taught by an engineering faculty …

Fandoms, Postfandoms In The Convergence Of Digital Media: A Case Study Of Youth Cultures From Two Afro-Boricua Musical Genres, Mariely Rivera-Hernández

Dialogue: The Interdisciplinary Journal of Popular Culture and Pedagogy

The purpose of this work is to analyze the relation between media convergence and a series of habitual activities of youth groups belonging to fandoms. We have established two pedagogical objectives: on the one hand, to analyze the link between media convergence and the participatory culture of fandoms and postfandoms and, on the other, to learn about the cultural consumption of youth cultures in social media and digital platforms. The activity generated in digital communities by several sectors related to the Afro-Boricua musical genres of bomba and plena have led us to the work of cultural ambassadors who circulate and …

A Statewide Geographic Information System (Gis) As A Predictive Tool For Locating Deeply Buried Archeological Deposits In Nebraska: Phase Iii-The Sandhills Region, Anthony L. Layzell, Rolfe D. Mandel, John Swigart, David T. Williams

Nebraska Department of Transportation: Research Reports

This project developed a GIS to assist with the identification of deeply buried cultural deposits in alluvial settings across the Sandhills region of Nebraska. Soil survey data, previous geoarchaeological investigations, landform position, and other information was used to rank the potential of any stream valley setting as low, low-moderate, moderate-high, or high potential to contain buried cultural deposits. While the presence of buried soils does not necessarily translate to presence of buried archeological sites, the potential for such sites is far greater in buried soils. The GIS can be used by NDOT and other agencies with statutory historic preservation obligations, …

Two Birds, Two Stones: Separating Biodiversity Conservation From Patent Law, Jessie Sadlon

Nebraska Law Bulletin (Selected Issues)

The current decline in biodiversity is faster than any other point in human history.[1] Overexploitation is the leading driver of biodiversity loss; species are harvested at unreplenishable rates. Government, non-government, and industry representatives are searching for direction in addressing this rapid species loss. In particular, the World Intellectual Property Organization (“WIPO”) is looking to channel biodiversity conservation through patent systems by instituting an origin disclosure requirement within the patent application process. This paper explores the intersection of biodiversity and innovation, contending the origin disclosure requirement is an unjustified, ineffective mechanism to effectuate biodiversity conservation.

Part II describes the biodiversity crisis …

Chilling- And Dark-Regulated Photoprotection In Miscanthus, An Economically Important C4 Grass, Jared Haupt, Katarzyna Glowacka

Department of Biochemistry: Faculty Publications

Tolerance of chilling dictates the geographical distribution, establishment, and productivity of C4 crops. Chilling reduces enzyme rate, limiting the sink for the absorbed light energy leading to the need for quick energy dissipation via non-photochemical quenching (NPQ). Here, we characterize NPQ upon chilling in three Miscanthus accessions representing diverse chilling tolerance in C4 grasses. High chilling tolerant accessions accumulate substantial amounts of zeaxanthin during chilling nights in both field and growth chamber settings. Chilling-induced zeaxanthin accumulation in the dark enhances rate of NPQ induction by 66% in the following morning. Based on our data, the emerging ways for the unique …

Brain Endothelial Permeability, Transport, And Flow Assessed Over 10 Orders Of Magnitude Using The In Situ Brain Perfusion Technique, Quentin R. Smith, Haritha Mandula, Jagan Mohan R. Parepally, Jun Oki, Fancy Thomas, Helen R. Thorsheim, Abraham J. Al‑Ahmad, Thomas J. Abbruscato, Per Ask, David S. Hage, Peter J. Robinson

David Hage Publications

Background Cerebral blood flow normally places a limit on the magnitude of brain vascular permeability (P) that can be measured in vivo. At normal cerebral blood flow, this limit falls at the lower end of lipophilicity for most FDAapproved CNS drugs. In this study, we report on two methods that can be used to overcome this limitation and measure brain vascular permeability values that are up to ~1000 times higher using the in situ brain perfusion technique.

Methods Rat brain was perfused with physiological saline at increased flow rate and in the presence of various concentrations of plasma protein, serum …

The Complete Genome Sequence Of Splendidofilaria Pectoralis (Onchocercidae, Rhabditida, Chromadorea, Nematoda), Andrew Sweet, Robert E. Wilson, Jack Reakoff, Sarah A. Sonsthagen, Colleen Hurst, Stacy Pirro

School of Natural Resources: Faculty Publications

We present the complete genome sequence of Splendidofilaria pectoralis, a nematode parasite of grouse (Aves: Galliformes: Tetraonini). Illumina paired-end reads were assembled by a de novo method followed by a finishing step. The raw and assembled data are publicly available via GenBank: Sequence Read Archive (SRR28509439) and assembled genome (JBFSWT000000000).

Tesla Inc. Strategic Audit, Mckenna Eppenbach

Honors Program: Senior Projects (Public)

Tesla Inc. is an American electric vehicle company. Tesla's main industry is the manufacturing and selling of electric vehicles, but it has grown to sell batteries, solar panels, and home power storages. Since the company's inception in 2003, it has grown to be the top seller of electric vehicles in the United States. This strategic audit seeks to understand Tesla's business model by analyzing its history, strategy, competitive advantages, resources, and major issues it may face. Internal and external factors were analyzed using the PESTEL analysis and Porter's Five Forces. Finally, recommendations are given on how Tesla can sustain a …

Spatial Ecology Of Large Bodied Ichthyofauna In The Red River Of The North Basin, William Marshall Stuart

School of Natural Resources: Dissertations, Theses, and Student Research

Understanding spatial patterns and processes is essential for designing research studies, implementing management actions, and planning restoration efforts. The Red River of the North basin spans a broad geographic area where jurisdictional oversight is divided among several entities (Manitoba, CAN; North Dakota, USA; Minnesota, USA; South Dakota, USA), creating a mosaic of regulatory and functional process zones. Understanding the spatial ecology of freshwater fishes in this disjointed landscape is essential to address diverse life history requirements and the movement constraints imposed by anthropogenic structures. Long-term acoustic telemetry revealed that large bodied ichthyofauna employ a diverse range of movement strategies (i.e., …

Place Branding: More Than Just A Logo, Marilyn R. Schlake

Cornhusker Economics

Place branding can distinguish one community from another. In a landscape of locations that provide the same amenities, environments, and opportunities, branding can help a community “stand out.” However, what is usually missing is a place brand developed in association with the community’s history, values, social connections, and organization associations that have evolved.

Research Report: Housing, Heather Akin, Cheryl A. Burkhart-Kriesel, Mary Emery, Katelyn Larson, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Rebecca J. Vogt

Nebraska Rural Poll

Executive summary

Most rural Nebraskans support a variety of housing programs and priorities. The support for these various programs was similar to that found in 2016. At least three-quarters of rural Nebraskans would somewhat support or strongly support the following in their community: developing programs to help seniors age in their current home; offering low-interest loans or grants for repair, rehabilitation or home improvement; providing affordable rental housing; establishing a local program that would purchase and remove dilapidated houses making lots available for building; developing senior housing; purchasing, rehabilitating and reselling vacant housing; and establishing a local program that would …

Research Report: Artificial Intelligence, Heather Akin, Cheryl A. Burkhart-Kriesel, Mary Emery, Katelyn Larson, Bradley Lubben, L. J. Mcelravy, Timothy Meyer, Rebecca J. Vogt

Nebraska Rural Poll

Some rural Nebraskans have used artificial intelligence (AI) tools. Just over one-quarter have used any AI tool. However, most younger persons have used AI tools.

Given that, it is not surprising that most rural Nebraskans are not at all or slightly informed about artificial intelligence. Just over one-third are moderately informed about AI, and just over one in ten are either very or extremely informed about AI.

Most rural Nebraskans are either not at all or slightly confident that AI is being used in the best interest of the public. Just over one-half are not at all confident that it …

Enhancing Water Sustainability In North Africa: Literature Review And Synthesis Of Current Knowledge Gaps In Sudan, Osman M. A. Adam

Department of Agricultural and Biological Systems Engineering: Masters Project Reports

This study delves into the critical role of groundwater in addressing global water challenges, with a focus on the Nubian Sandstone Aquifer System (NSAS) in north Africa. Groundwater constitutes a source of potable water, irrigation, and industrial use, especially in arid regions where surface water is limited. We analyzed the status of water quantity, withdrawals, recharge, and geological characteristics in the NSAS, specifically in Sudan, Egypt, and Libya. Though the NSAS is largely an untapped resource, water withdrawals from the NSAS in Egypt, Sudan, and Libya are projected to increase substantially from 2000 to 2100 due to population growth, with …

Minimizing Take Of Threatened Rattlesnakes And Optimizing Project Review In Se Nebraska, Shaun Dunn, Dan Fogell, Colleen Rothe-Groleau

Nebraska Department of Transportation: Research Reports

The western massasauga (Sistrurus tergeminus) and the timber rattlesnake (Crotalus horridus) are protected under Nebraska Statute 37-801-811 and listed as threatened species. These species occur in the right-of-way (ROW) along several roads in Jefferson, Gage, Pawnee, and Richardson Counties which necessitates the need for added Environmental Review (ER) from Nebraska Department of Transportation (NDOT) staff and onsite surveys prior and during maintenance and construction to roadways. This project sought to minimize ER time, staff time, and increase the knowledge of these species in southeast Nebraska by:

1. Identifying precise locations of western massasauga brumation sites;
2. Mapping travel …

Nuclear Energy Is Clean And Safe Energy, Katie Morland

Op-Eds from ENSC230 Energy and the Environment: Economics and Policies

From the grappling fear of horrific meltdowns to the promise of new innovative advancements, nuclear energy has been surrounded by misunderstandings and myths for decades. A non-partisan approach from media outlets is essential for having a well-balanced understanding of how nuclear energy works and why it is good for our consumption.

Despite bias concerns that are leading to misunderstanding, nuclear energy offers a wide range of reliable cleaner types of energy. Moving forward we need to ask ourselves are we going to keep letting misinformation and misconceptions stop us from developing better advancements in nuclear energy for cleaner energy use …

The Case For E15: A Cheaper, Cleaner Fuel, Cassidy Skillett

Op-Eds from ENSC230 Energy and the Environment: Economics and Policies

In its name, “E” indicates that the fuel contains ethanol and “15” communicates that 15% of the gasoline blend is ethanol. When Nebraskan drivers pull up to the gas station, they can buy cheaper and cleaner E15. In 43 states - drivers are not so lucky. A new bill would end fuel discrimination of E15 at refueling stations nationwide.

This change is long overdue and would allow E15 to be available year-round in all states rather than just during the winter.