Category Archives: Uncategorized

The Evaporating Trust in American Legal Education

Kyle P. McEntee [0]

I once overheard a non-lawyer tell a popular lawyer joke. How can you tell that an attorney is about to lie? Without missing a beat the jokester quipped. The attorney’s lips begin to move. The group found it funny, while I began to wonder what happened to my sense of humor. I smirked, sure, but more than anything the familiar joke diverted my attention from comedy to comity.

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Response Series: Ben Trachtenberg’s “Law School Marketing and Legal Ethics”

Issue 91 of the Nebraska Law Review features an article by Professor Ben Trachtenberg of the University of Missouri School of Law which details a recent and controversial topic within legal education: the release of misleading employment statistics by law school administrators. In Law School Marketing and Legal Ethics,[1] Professor Trachtenberg advocates a novel approach to combating this deceitful practice through the use of professional liability under Model Rule 8.4(c). As part of a special series of responses from other notable academics in the area, the Nebraska Law Review Bulletin is proud to publish the thoughts of Kyle McEntee of Law School Transparency and Professor Jeffrey Stake of Indiana University’s Mauer School of Law. In their responses, each author will detail his respective take on professional liability as advocated by Mr. Trachtenberg and offer an alternate approaches to combating the release of misleading employment statistics by law schools. Finally, Professor Trachtenberg will again offer his thoughts in a final response. Due to the unique nature of this series, the usual emphasis on word length for Bulletin submissions is downplayed in order to best retain the full substance of the contributing authors’ response.

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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.

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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]

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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



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