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Articles 1 - 7 of 7
Full-Text Articles in Law
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Examination Of Eviction Filings In Lancaster County, Nebraska, 2019–2021, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The study examined and analyzed eviction filings and proceedings in Nebraska, with a specific focus on Lancaster County—the home to the State’s capital, Lincoln. The primary objective of this study is to place eviction proceedings under a microscope to gain a better understanding of the volume of evictions in Nebraska, and whether the statutorily mandated processes are being followed. The study also attempts to capture the impact of certain external factors present during the period examined. Such factors include the COVID-19 pandemic and various eviction moratoria in place during 2020 and 2021, as well as the increased availability of legal …
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can …
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Survey Of State Laws Governing Continuances And Stays In Eviction Proceedings, Ryan Sullivan
Nebraska College of Law: Faculty Publications
The Survey contains both a cumulative and detailed account of the laws and rules of each state governing continuances, adjournments, and stays in residential eviction proceedings. The Survey compares the laws of each state on several aspects, including the standard for obtaining a continuance, the allowable length of the continuance, whether a bond must be paid, and any other restriction or limitation placed on the party seeking to continue an eviction proceeding. The Survey also includes a listing of state statutes that provide a residential tenant a right to redeem the property upon payment of rent prior to the execution …
Persuasive Authority And The Nebraska Supreme Court: Are Certain Jurisdictions Or Secondary Resources More Persuasive Than Others?, Stefanie S. Pearlman
Persuasive Authority And The Nebraska Supreme Court: Are Certain Jurisdictions Or Secondary Resources More Persuasive Than Others?, Stefanie S. Pearlman
Nebraska College of Law: Faculty Publications
In this article, the author analyzes whether the Nebraska Supreme Court—as currently composed—favors particular jurisdictions or certain types of secondary resources as authority when there is a lack of precedent on a given legal issue. For this study, the author reviewed the advance opinions in Volume 295 of the Nebraska Reports to address two hypotheses: (1) When there is an absence of binding authority, it is typically better to cite to a state similar to your state—one that borders your state or that shares the same circuit; and (2) When using secondary resources, it is better to use resources authored …
When Facts Don’T Matter, Eric Berger
When Facts Don’T Matter, Eric Berger
Nebraska College of Law: Faculty Publications
We are used to thinking that facts shape legal outcomes, but sometimes the Supreme Court wants nothing to do with facts. In some high-profile constitutional decisions, the Roberts Court has ignored important congressional findings, deeming irrelevant facts that document the very mischief Congress sought to remedy. Similarly, in these same cases the Court exploits the muddy line between facial and as-applied challenges to avoid confronting particular facts. The Justices in these cases do not question the veracity of seemingly relevant facts. Rather, they write their opinions as though these facts don’t matter. This Article examines the Court’s penchant for brushing …
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner
Nebraska College of Law: Faculty Publications
To understand the potential scope of the Court's implicit conclusion that the punishment of adolescents is unconstitutional unless a meaningful opportunity for rehabilitation is afforded, it is necessary to carefully distinguish and clarify the distinction between the conflicting concepts of punishment and rehabilitation. I therefore begin Part I by analyzing this distinction. Since the logic of the Court's decisions impacts the punishment of adolescents in both the juvenile and criminal justice contexts, I contrast the two systems in Part II by tracing the development of the juvenile court movement from its original rehabilitative origins towards an increasingly punitive model, dispensing …
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Justice Scalia And The Rule Of Law: Originalism Vs. The Living Constitution, Richard F. Duncan
Nebraska College of Law: Faculty Publications
Justice Antonin Scalia's sudden death in February, 2016, was a great loss for his family, a great loss for his friends, and a great loss for the "Written Constitution" of the United States of America. We will have no more of his brilliant, witty, and pugnacious judicial opinions. Instead, we will have to settle for the body of work he left behind as his legacy. But, as one commentator has said, his opinions are "so consistent, so powerful, and so penetrating in their devotion to the rule of law"—the real rule of law, not the political decrees of judges creating …