Author Archives: rgerlach

Bullshit!: Why the Retroactive Application of Federal Rules of Evidence 413-414 and State Counterparts Violates the Ex Post Facto Clause

Colin Miller [0]


In State v. Kibbee, Eddie Kibbee brought an Ex Post Facto Clause challenge to his convictions for first-degree sexual assault and felony child abuse.[1] Kibbee was convicted for sexual acts committed against a sixteen year-old,[2] and if his ex post facto claim had been that the legislature rose the age of consent from sixteen to seventeen after his alleged crimes, he would have had a viable claim.  He also would have had a viable claim if his conduct was classified as second-degree sexual assault at the time of his alleged crimes or if he was sentenced to fifty years’ incarceration, but the maximum punishment for his crimes was only forty years at the time of commission.

Posted in Uncategorized | Comments closed

LB 36: A Shot in the Arm for Lethal Injection

LB 36: A Shot In The Arm For Lethal Injection

On May 28, 2009, the Nebraska Legislature passed LB 36, a statute instituting lethal injection as the method of executing death sentences.  The bill was introduced in December 2008 by Attorney General Jon Bruning in response to State v. Mata, a Nebraska Supreme Court case that declared the state’s electrocution procedure via the electric chair unconstitutional in February of that year.  The bill suggests a preference for what is commonly known as a three-drug “cocktail” to be used in the execution of death row inmates. The cocktail was originally created in Oklahoma in 1977, and has been widely adopted by several states across the nation. [1]

Posted in Uncategorized | Comments closed

White Paper: “School Sponsorship” and Hazelwood’s Protection of Student Speech: Appropriate for all Curriculum Contexts?

by: Adam Hoesing [0]

Posted in Student Commentaries, White Papers | Comments closed

Response IT’S ALL ACADEMIC: A Response to “Enforcement of Law Schools’ Non-Academic Honor Codes: A Necessary Step Towards Professionalism?” by Nicola A. Boothe-Perry




A Response to “Enforcement of Law Schools’ Non-Academic Honor Codes: A Necessary Step Towards Professionalism?” by Nicola A. Boothe-Perry


Jonah J. Horwitz [0]

Copyright © 2012.  Jonah J. Horwitz.  All rights reserved.



Most can readily agree with Professor Boothe-Perry that lawyers routinely act badly, and that they do so with a regularity that is, alarmingly, on the rise.  The question of what to do about it is a more vexing one.  Professor Boothe-Perry suggests that the problem can be nipped in the bud, as it were, through the imposition of non-academic honor codes at law schools. [1]  In this way, she argues, attorneys-in-training will learn how to behave themselves before they join the bar and will behave themselves ever after. [2]

Posted in Commentaries, General Commentaries | Comments closed

Write-On Competition 2012: Materials

Below you will find an attachment containing the materials for the 2012 University of Nebraska College of Law annual write-on competition.

This competition is only open to those students who have completed their 1L year, are a transfer student, or have three (3) or more remaining semesters left (summer sessions do not count). Further instructions are available in the attached materials.

If you have any questions, contact the Research Editor at

Best of luck!

Portfolio of Materials for 2012 Write-On Competition

Posted in News | Comments closed

Write-on Competition Comment Samples

In response to increased interest regarding the annual write-on competition, the Executive Board has provided the following samples. These are samples of successful write-on submissions from the 2010 competition.  They are to be used as guides for those entering future write-on competitions.

Write On – comment sample 1

Write On – comment sample 2

Write On – comment sample 3



Posted in Uncategorized | Comments closed

White Papers

In addition to commentaries, the Bulletin will also publish “white papers.” These papers come from a number of student sources; they could be seminar papers, class papers, or case notes that have not yet been selected for publication. The Bulletin‘s goal in publishing these materials is to provide practitioners with the background research that was done for the paper. The Bulletin hopes to create a depository of research that was done for different purposes. These papers do not undergo any substantial editing by the staff prior to publication.  There is no word limit on these papers.  The Bulletin does request that White Paper submissions focus on Nebraska and Eighth Circuit issues.

Posted in General Commentaries, White Papers | Leave a comment