Law Commons^™

Law Professors Want Hearing, Vote On Garland, Eric Berger, Kristen M. Blankley, Brian H. Bornstein, Eve M. Brank, Robert C. Denicola, Alan H. Frank, Stephen S. Gealy, Justin Hurwitz, David Landis, Craig M. Lawson, Richard Leiter, William H. Lyons, Richard H. Lawson, Matt Novak, Allen Overcash, Stefanie S. Pearlman, Ross Pesek, Kevin Ruser, Robert F. Schopp, Anthony Schutz, Anna Williams Shavers, Brett C. Stohs, Ryan Sullivan, Richard L. Weiner, Steven L. Willborn, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Dear Senator Fischer and Senator Sasse,

We write this as citizens, but we all teach at the University of Nebraska College of Law. We hold different political viewpoints and disagree frequentIy with each other on political and legal issues. As law professors, however, we share a deep commitment to the rule of law and an impartial judiciary. We therefore urge you to hold confirmation hearings and a vote on President Obama's Supreme Court nominee, Chief Judge Merrick B. Garland.

The Influence Of Emotional And Situated Social Cognition Factors On Consents To Search, Sarah A. Moody

UCARE Research Products

The Fourth Amendment to the US Constitution holds that the government cannot conduct an unreasonable search or seizure without probable cause or consent. A surprising majority of people acquiesce to search requests and research is lacking in determining what factors play a role in these decisions. Findings from the current research on the roles of emotions and situated social cognition in consents to search may help police officers and other legal authority figures ensure against coercive or unfair consents. Based upon regression models constructed from the data, authority figures can alter their search requests to help prevent coercion. The current …

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

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 …

Is The First Amendment At Risk?, Devin Darrow

Nebraska College Preparatory Academy: Senior Capstone Projects

Since the establishment of the Bill of Rights on December 15th 1791, Freedom of Speech has been one of the more controversial topics found within the first ten amendments. The Supreme Court has changed their interpretation of the 1st Amendment, Freedom of Speech clause, due to the cultural shifts of each generation. Recent cases have made technology a major factor for laws needing to be changed in order to protect people’s rights.

In conclusion, the definition of freedom of speech will continuously change due to the progress in technology. The last 10 years have demonstrated the need for changes. There …