Category Archives: Student Commentaries

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

by: Adam Hoesing [0]

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LB701: Special Taxing Power in the Republican Basin is not a Constitutional Special Law

By Jonathan Gardner[0]

In the first half of the Twentieth Century Nebraska agreed to share the waters of the Republican River with Kansas and Colorado,[1] but in the early Twenty-First Century Nebraska was failing to honor that commitment.[2] The Nebraska Legislature granted several Natural Resource Districts (NRDs) the power to collect a property tax and an irrigation occupation tax[3] to comply with the agreement. The special law provision of the Nebraska State Constitution[4] provided a basis for challenging both taxes.[5] While the Nebraska Supreme Court has not decided whether that effort is constitutional, [6] it is not a constitutional special law.

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See You in Court: An Analysis of Nebraska’s Newest Abortion Legislation (LB 1103 – Pain-Capable Unborn Child Protection Act)

By Tom Venzor[0]


The bill formerly known as the Fetal Pain Prevention Act was passed by the 101st Legislature and approved by Governor Dave Heineman as the Pain-Capable Unborn Child Protection Act ( “LB 1103”) on April 13, 2010. LB 1103 marks yet another milestone in Nebraska’s recent pro-life legislative activities. In the wake of the State’s ban on partial-birth abortions[1] and passage of an informed consent law concerning ultrasound availability (LB 675), [2] LB 1103 is one more reason why the National Abortion Rights Action League (NARAL) Pro-Choice America grades Nebraska with an “F” on the issue of abortion.[3]

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You’ve Got Mail: Harassing Emails and the First Amendment in State v. Drahota

By Daniel J. Hassing[0]

Currently pending before the Nebraska Supreme Court is a case that seeks to balance two very important rights–the right to be left alone and the right to free speech.  This indeed requires a delicate balance.  On one hand, an error in one direction will force Nebraskans to endure demeaning, harassing, and offensive speech, even in their own home.  But on the other hand, an error in the other direction will impede on free speech, one of our society’s most cherished rights.

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White Robes and Black Robes: The Nebraska Supreme Court’s Vacatur in State v. Henderson

By Daniel J. Hassing[0]

Oftentimes in the law, the outcome in a case is determined by what has previously happened procedurally.  Sometimes, the simple, common sense result is precluded because of the procedural posture of a dispute.  But this bizarre result stands because the procedural requirements are part of the rule of law upon which our society is based.  The Nebraska Supreme Court’s review of an arbitration award in State v. Henderson[1] presented just such a case in which the procedural background should have foreclosed the common sense outcome.  However, the court, by vastly expanding a narrow exception, was able to achieve the necessary outcome.

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SORNA in the Eighth Circuit

By Daniel Hassing[0]

Child exploitation and other sexual crimes are some of the most perverse and pervasive crimes in the United States.  Cases such as those involving Elizabeth Smart and Jessica Lunsford grab headlines and demonstrate the depravity of some criminals.[1]   In an effort to combat such offenders, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006.[2]   Title I of the Act is called the Sex Offender Registration and Notification Act (SORNA).[3]

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