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Adapting Gingles & Retaining Voter Power: Applying The Vra To State Judicial Retention Elections, Jake Mazeitis

Nebraska Law Review

State supreme courts play a crucial yet overlooked role in our nation’s judiciary. They are also predominantly White. In states with judicial elections, this racial homogeneity suggests that voters of color may not have an equal opportunity to “elect representatives of their choice” as required by the Voting Rights Act (VRA). While federal courts frequently apply the VRA to judicial elections resembling legislative and executive contests, those same tribunals have failed to protect voters of color in non-competitive judicial retention elections. This failure is due in part to Thornburg v. Gingles, which established three threshold requirements for plaintiffs in …

Tax Compliance, Social Norms, And Influencers, James Alm, J. A. Soled, Kathleen Delaney Thomas

Nebraska Law Review

While attaining perfect tax compliance is unachievable, more can and must be done. In the past, the country has relied primarily on a traditional system of sticks (e.g., audits and penalties) and carrots (e.g., refunds and whistleblower awards) to help narrow the “tax gap,” or the difference between what taxpayers owe in taxes and what they actually pay. Now, in the social media era, Congress and the Internal Revenue Service (IRS) should look beyond these traditional enforcement mechanisms. To achieve an even higher voluntary compliance rate, this Article advocates for policymakers to invest greater resources to enhance the social norm …

Uncle Sam And The Sea: An Administrative Red Herring, Heather Haratsis

Nebraska Law Review

“The law must be stable and yet it cannot stand still.”¹

Compared to the Old Man and the Sea, the administrative state’s situation does not seem all that different.² The idea of the administrative state has been around since the birth of civilization. There has always been a need for caretakers to protect the best interests of their people. While the administrative state is a testament of our society’s resilience and loyalty to the idea of one union providing for public good; it has become the Santiago.³ An administrative state is only as good as its …

Who’S Afraid Of Little Old Me? The Record Industry: Protecting Creativity And Promoting Artists’ Rights Through A Narrow Scope Of 17 U.S.C. §§ 103 And 114 Rights For Derivative Works, Margaret Fouberg

Nebraska Law Review

This Comment explores the growing conversation surrounding artist rights and music ownership, catalyzed by Taylor Swift’s public dispute with Big Machine Records. Swift’s efforts to reclaim her work have spotlighted the complexities of U.S. copyright law, particularly the distinct rights afforded to sound recordings versus musical compositions under the Sound Recording Act of 1971. By examining derivative works and their required standard of originality, this Comment argues that a narrow interpretation of copyright protections for derivative works, as outlined in 17 U.S.C. §§ 103 and 114, is essential for fostering creativity and safeguarding artists’ rights. Through an analysis of legislative …

Masthead & Table Of Contents, Vol. 104, No. 1

Nebraska Law Review

No abstract provided.

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 …

A Judiciary Without Trust?, Brandon J. Johnson

Nebraska Law Review

Public hand wringing over waning faith in the Supreme Court, this Essay contends, mistakes symptom for cause. The real crisis is not distrust but the Court’s persistent failure to earn trust in the first place. Trust is a feeling; trustworthiness is a record. This Essay adopts a common understanding of trustworthiness that evaluates the demonstrated ability of the trusted party to protect the vulnerable trusting parties, and analyzes the Court’s trustworthiness against that yardstick. From Dred Scott, Plessy, and Korematsu to modern “shadow docket” interventions and undisclosed donor funded travel, the Court has too often shown itself untrustworthy …

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 …

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 Self-Erasure Of The Eeoc In Bostock V. Clayton County, Nicholas B. Mauer

Nebraska Law Review

During the decade before the Supreme Court decided Bostock v. Clayton County, the Equal Employment Opportunity Commission (“EEOC”) interpreted Title VII to prohibit employment discrimination based on gender identity and sexual orientation. Through informal adjudication, independent litigation, and nonacquiescence, the EEOC successfully etched its interpretation of Title VII into law without receiving Chevron deference. The agency made arguments about the meaning of Title VII that succeeded in lower courts and eventually at the Supreme Court. However, the majority opinion in Bostock never mentioned the EEOC’s near-decade of work. Thus, the EEOC’s role in Bostock is both a potential model …

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 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 …

Editor's Introduction, Emily Allen

Honors in Practice Online Archive

Editor's introduction to Honors in Practice, volume 21 (2025).

"As we head into an uncertain future, let us care for each other and remember that together we are strong."

2024 Presidential Address, Eddie Weller

Honors in Practice Online Archive

The NCHC President recounts his history with the organization and challenges members to act with the values of justice, mercy, and humility. Organizational compassion, mutuality, and collaborative service are acknowledged and encouraged.

Includes a revised version of the 2024 National Collegiate Honors Council presidential address delivered on November 1, 2024 in Kansas City, Missouri.

Honors In Practice, Volume 21, 2025, Emily Allen

Honors in Practice Online Archive

CONTENTS

Editorial Policy, Deadline, and Submission Guidelines

Editor’s Introduction, Emily Allen

2024 NCHC CONFERENCE REMARKS 2024

Presidential Address, Eddie Weller

2024 Founders Award Remarks Elizabeth Cole Beck, John Zubizarreta

RESEARCH ESSAYS

Read Yourself In: Enhancing First-Year Student Belonging through Place as Text Pedagogy, John Andrews

Campus Legends and Mysteries: Building Institutional Identity through Campus Lore, Viktoria Basham

Building Place-based Experiential Learning into the Honors Curriculum at Ohio University, Geoffrey L. Buckley, Nicole Finnicum, Michelle O’Malley, Jennifer Bowie, and Yolonda Youngs

Why the Museum Matters to Honors, Mimi Killinger How to Create a Self-Sustaining Meditation Garden, Heather Salazar, Lydia Barrett-Miller, and …

2024 Founders Award Remarks, Elizabeth Cole Beck

Honors in Practice Online Archive

NCHC Founders Award recipient describes a three-decade career in honors education, highlights the immeasurable potential of honors programs for shaping student lives, and argues for the importance of conference attendance to honors educators.

Incudes

a revised version of remarks delivered at the 2024 National Collegiate Honors Council awards ceremony on November 1, 2024 in Kansas City, Missouri.

2024 Founders Award Remarks, John Zubizarreta

Honors in Practice Online Archive

The NCHC Founders Award recipient emphasizes the transformative power of honors education and the importance of community.

Includes a revised version of remarks delivered at the 2024 National Collegiate Honors Council awards ceremony on November 1, 2024 in Kansas City, Missouri.

How To Create A Self-Sustaining Meditation Garden, Heather Salazar, Lydia Barrett-Miller, Kaitlyn Parisan

Honors in Practice Online Archive

This essay presents the creation and maintenance of a campus meditation garden as an outgrowth of four successive philosophy classes in honors. The authors describe the garden’s inception, execution, curricular advantages, and administration, with specific examples of the impact on student health and well-being. The authors observe the ways in which honors students attained skills in transformational leadership by collaborating to develop projects and lead events, suggesting that a meditation garden may be appropriate for any learning environment emphasizing cooperation, creativity, mindfulness, and well-being.

Honoring The Wellness Journey: An Evidence-Based Retreat To Build Stress Resilience In Honors Students, Sydney Tutuska, Alexandra Caldwell, Jennifer Willford

Honors in Practice Online Archive

Honors students are goal-oriented, motivated, and engaged achievers. As such, they often experience heavy course loads, manage multiple responsibilities, have limited free time, and sacrifice their health (relationships, sleep, nutrition) in pursuit of their goals. This essay presents an evidence-based wellness retreat designed for honors students at a medium-sized university. The authors describe the retreat’s inception, development, curricular advantages, and administration, with specific examples of targeted evidence-based programming. Eight workshops, designed to build resilience and coping skills, address mental agility and mindset, emotion regulation, social connection, and wellness habits. The authors observe student efficacy in the development of skills and …

Honoring Careers: Developing Professional Aspirations In Honors Programs, L. Benjamin Boyar

Honors in Practice Online Archive

This essay builds on previous arguments in honors for greater representation of preprofessional disciplines. Drawing from a focused honors accounting initiative, author explores how video interviews with alumni—created through an iterative process of outreach and collaboration—can effectively bridge intellectual inquiry and career preparation. Alumni narratives help students critically examine professional trajectories, connect current coursework with broader academic and societal contexts, and produce tangible outcomes, such as conference presentations and journal publications. By showcasing these diverse career trajectories, this approach reassures students in both preprofessional and traditional disciplines, demonstrating the relevance of their academic pursuits while ensuring honors education remains intellectually …

Microcredentials For Honors Healthcare Students: Translating Academic Achievement To The Resume, Tina C. Melamed, Belinda Deal, Steve Myers

Honors in Practice Online Archive

In healthcare disciplines, honors students need opportunities to develop research skills in line with current trends and advanced degree requirements. The authors present a pilot program offering a series of online, self-paced microcredentials to enhance scholarly and clinical research competencies. Instructional modules in three areas (introduction, research tools, applied scholarly communication) include activities and assessments for demonstrating competency. Each student works with a faculty member to develop a specific topic and apply elements of scholarly communication and documentation such as research methodology, APA style, data analysis, implications for clinical practice, and directions for future research. Successful completion of microcredentialing culminates …

Assessment As An Act Of Service: Connecting Data And Experiential Learning, Hannah Sairam, Amber Fallucca

Honors in Practice Online Archive

Utilizing the experience of teaching and learning in a graduate-level assessment course, authors present a service learning course for undergraduate honors students. Using campus and community as touchstones, students are tasked with developing, implementing, and analyzing an assessment measure based on specific needs to engage in the entire life cycle of assessment. The authors identify non-profits as a unifying client population because they emphasize the community element of service learning and accommodate a variety of student backgrounds and interests. Classroom work is oriented around discussion and collaboration. Identification of outcomes, data collection and analysis, and dissemination of results are presented …

Thinking Beyond Ourselves: Using Interdisciplinary Exploration And Speculative Scenarios To Understand The Human Experience, Shannon Kundey

Honors in Practice Online Archive

This essay presents an interdisciplinary seminar in honors that challenges students to move beyond the limitations of human experience and examine cognition and behavior across species, environments, and hypothetical extraterrestrial minds. A Choose Your Own Adventure structure encourages reflection on cognitive biases, thereby fostering a nuanced understanding of intelligence, perspective, and sociality. Author observes that students benefit from frameworks that disrupt human-centered biases and suggests that engaging students in speculative scenarios prompts confronting and questioning assumptions about intelligence, ethics, and social dynamics.

Honors In Practice, Volume 21, 2025: About The Authors, National Collegiate Honors Council

Honors in Practice Online Archive

About the authors, Honors in Practice, volume 21 (2025).

Aggregate Survey Reports Of The Leading Economic Indicator, Nebraska

Bureau of Business Research Publications

Aggregate Survey Reports of the Leading Economic Indicator, Nebraska from the Bureau of Business Research at the University of Nebraska-Lincoln.

Military Forensic Archaeology: The Process And Recovery Of U.S. Missing-In-Action (Mia) Service Personnel, William Belcher, Luann Wandsnider, Ella N. Axelrod, Finn Kennison, Alicia Lawson

Department of Anthropology: Faculty Publications

The United States (U.S.) Department of Defense's (DoD) Defense POW/MIA Accounting Agency (DPAA) is the largest skeletal identification laboratory in the world and receives several hundred cases per year for identification related to Missing-in- Action (MIA) U.S. service members. While there are various sources for these accessions, by far the largest source is through unilateral or bilateral (done in cooperation with another governmental entity or nongovernmental organization) as well as public-private partnership excavations. While the DPAA-style military forensic archaeology follows archaeological principles and recording standards, the work is goal-oriented, evidence/trace-driven, and time-constrained— a common occurrence with cultural resource management sites …

U.S. Drought Monitor, March 18, 2025

United States Agricultural Commodities in Drought Archive

U.S. Drought Monitor, March 18, 2025

U.S. Drought Monitor, March 11, 2025

United States Agricultural Commodities in Drought Archive

U.S. Drought Monitor, March 11, 2025

U.S. Drought Monitor, February 25, 2025

United States Agricultural Commodities in Drought Archive

U.S. Drought Monitor, February 25, 2025

U.S. Drought Monitor, April 22, 2025

United States Agricultural Commodities in Drought Archive

U.S. Drought Monitor, April 22, 2025