Social and Behavioral Sciences Commons^™

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …

The Nebraska Transcript 43:1, Spring 2010

Nebraska Transcript

4 Dean’s Message
5 Poser Named Dean
10 Andy Kruse
12 Career Services Office Update
13 Law Library Tales and Tables
16 2009 Graduation Remarks
18 2009 Family Traditions Ceremony
20 In Brief
24 2008-2009 Academic Awards
26 Steve Mazurak Returns to UNL
28 Potuto Combines Teaching, Service
30 Von der Dunk: Space Law Expert
32 Faculty Notes
35 Faculty In Memoriam: Franck
36 Alum News: Larry Sather
37 2009 Alumni Council Awards
38 AlumNotes
46 In Memoriam
49 2010 Space Law LL.M. Transcript
54 Reunion Information
55 2010 Senior Transcript
79 2008-2009 Annual Donor Report

Editors Alan Frank, Professor …

Campus Safety: Assessing And Managing Threats, Mario Scalora, Andre Simons, Shawn Vanslyke

Mario Scalora Publications

Since the shootings at Virginia Tech, academic institutions and police departments have dedicated substantial resources to alleviating concerns regarding campus safety. The incident in Blacksburg and the similar tragedy at Northern Illinois University have brought renewed attention to the prevention of violence at colleges and universities.

Campus professionals must assess the risk posed by known individuals, as well as by anonymous writers of threatening communications. The authors offer threat assessment and management strategies to address the increased demands faced by campus law enforcement, mental health, and administration officials who assess and manage threats, perhaps several simultaneously.

Fair Practices In Hiring, Case Analyses, Susan Poser

Nebraska College of Law: Faculty Publications

Case analyses of fair practices in hiring in academia.

The Supreme Court's Anti-Retaliation Principle, Richard E. Moberly

Nebraska College of Law: Faculty Publications

In five cases issued during the last five years, the Supreme Court interpreted statutory anti-retaliation provisions broadly to protect employees who report illegal employer conduct. These decisions conflict with the typical understanding of this Court as pro-employer and judicially conservative. In a sixth retaliation decision during this time, however, the Court interpreted constitutional anti-retaliation protection narrowly, which fits with the Court’s pro-employer image but diverges from the anti-retaliation stance it appeared to take in the other five retaliation cases. This Article explains these seemingly anomalous results by examining the last fifty years of the Supreme Court’s retaliation jurisprudence. In doing …

In Search Of A Theory Of Deference: The Eighth Amendment, Democratic Pedigree, And Constitutional Decision Making, Eric Berger

Nebraska College of Law: Faculty Publications

The Supreme Court’s recent Eighth Amendment death penalty case law is in disarray, and the confusion is symptomatic of a larger problem in constitutional doctrine. In Baze v. Rees and Kennedy v. Louisiana, the Court approached the challenged state policies with vastly different levels of deference. Though the Court purported to apply longstanding Eighth Amendment tests in both cases, Baze was highly deferential to state policy, and Kennedy was not deferential at all. Remarkably, neither the Court nor legal scholars have acknowledged, let alone justified, these contrasting approaches.

This Article proposes a theory of deference to address this discrepancy. Courts …

Digital Statutory Supplements For Legal Education: A Cheaper, Better Way, C. Steven Bradford

Nebraska College of Law: Faculty Publications

Students should not have to pay so much for statutory supplements. Commercial casebook publishers add little value to the freely available, noncopyrighted material in statutory supplements, and commercial publishers have no real comparative advantage in producing them. With little effort, law professors could produce many statutory supplements required for their courses for free, just as they produce course syllabi and other handouts. And they could provide those materials in a more convenient digital form, not in the bulky print format offered by the commercial casebook publishers. With the example given in this paper of successful creation and distribution of a …

The Invisible Woman: Availability And Culpability In Reproductive Health Jurisprudence, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Women's health is widely assumed to be a significant consideration in reproductive rights cases. Court decisions relating to contraception, abortion, and childbirth demonstrate that while this assumption may have historical validity, consideration of women's health is often truncated in recent reproductive rights jurisprudence. This occurs, in part, through the application of one or both of two recurring tools. First, judges regularly--and often inaccurately--cite the theoretical availability of alternative reproductive health services as proof that women's health will not suffer even if a law curtailing reproductive rights is upheld. I label this the "availability tool." Second, when alternatives are not available, …

Did The Arbitrator "Sneeze"?--Do Federal Courts Have Jurisdiction Over "Interlocutory" Awards In Class Action Arbitrations?, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

Judge Posner once stated that the federal courts do not have the ability to conduct judicial review every time the arbitrator "sneezes."' Judge Posner further opined, however, that although the courts do not have jurisdiction to review every ruling made by an arbitrator, he could not articulate any more specific rule as to when the federal courts do have jurisdiction. Of course, this concept has caused some great difficulties for parties who would like to have the ability to have additional review, particularly as class action arbitration procedures have explicitly contemplated judicial review at times other than after the final …

Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter

Nebraska College of Law: Faculty Publications

As everything else in life has become more global, so has the practice of law. Lawyers commonly have clients and conduct work in states other than the ones in which they reside and are licensed. Transactional lawyers commonly work for clients in different states or put together deals that close in states other than the ones in which they are licensed. Litigators, too, often have clients in other states, participate in court proceedings in other states, and engage in both formal and informal discovery in other states. The work of the litigator poses even more questions if that litigator is …

The "Clearest Command" Of The Establishment Clause: Denominational Preferences, Religious Liberty, And Public Scholarships That Classify Religions, Richard F. Duncan

Nebraska College of Law: Faculty Publications

The purpose of this article is to analyze the Supreme Court's doctrine prohibiting denominational preferences with a view toward mapping out the boundaries of the doctrine in light of its animating principle of free religious competition. I will then attempt to apply the "clearest command of the Establishment Clause" to the facts of a recent free exercise decision of the Court, Locke v. Davey. Although the Court in Davey rejected a free exercise challenge to a state scholarship program that denied funding to students pursuing college degrees in "devotional theology," I will suggest that this exclusion creates a denominational …