Black Lives Matter Is Not Just A Slogan

JOSEPH MARGULIES

Cornell law professor Joseph Margulies calls for meaningful and lasting change—not just lip service—to demonstrate that black lives do indeed matter. Margulies points out that “black lives matters” cannot merely be a slogan; to effect true change, we must adopt policies beyond empty gestures to protect and lift up black Americans, including policies that might make our own lives less comfortable.

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Liability Shield Will Not Lead to a Safer Reopening

SAMUEL ESTREICHER, ELISABETH CAMPBELL

NYU law professor Samuel Estreicher and rising 2L Elisabeth H. Campbell argues that a liability shield for companies who follow federal administrative guidance in reopening workplaces during COVID-19 will not lead to significantly less litigation, nor will it help ensure workplaces are safe. Estreicher and Campbell explain why the liability shields being proposed would not preclude protracted litigation.

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State v. Price

Citation: 306 Neb. 38

Opinion Date: June 5, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's convictions and sentences for aiding and abetting robbery and for aiding and abetting first degree assault, holding that Defendant's assignments of error were either without merit or could not be considered in this appeal. Defendant was convicted in a second jury trial after his first trial ended in a deadlocked jury and a mistrial was declared. On appeal, Defendant argued that the district court erred in the first trial by failing to ask the jury whether it was deadlocked on each count and when it overruled Defendant's plea in bar filed after the declaration of a mistrial and before the second trial. Defendant further claimed that in the second trial, (1) the trial court abused its discretion when it denied Defendant's motion for a new trial, (2) the State committed prosecutorial misconduct during closing argument, (3) counsel was ineffective, (4) there was insufficient evidence to support the conviction, and (5) the trial court imposed excessive sentences. The Supreme Court affirmed, holding that some of Defendant's allegations of error could not be considered in this appeal and that, as to the remaining allegations, the district court did not err or abuse its discretion.

State v. Fredrickson

Citation: 306 Neb. 81

Opinion Date: June 5, 2020

Judge: Freudenberg

Areas of Law: Criminal Law

The Supreme Court dismissed the State's appeal challenging the order of the district court granting Defendant the right to proceed with his criminal appeal in forma pauperis, holding that the order was not a judgment nor was it a final order. Defendant entered a no contest plea to robbery. After Defendant was sentenced he filed his notice of appeal. The district court later entered an order finding Defendant was entitled to court-appointed appellate counsel. The State appealed, and the Supreme Court held that it had no jurisdiction over the State's interlocutory appeal. Defendant then filed an application to proceed with his appeal from the conviction and sentence in forma pauperis. The court granted the application. The State appealed the district court's approval of Defendant's application to proceed in forma pauperis. The Supreme Court dismissed the appeal, holding that the Court lacked jurisdiction to consider the appeal.

E.M. v. Nebraska Department of Health & Human Services

Citation: 306 Neb. 1

Opinion Date: June 5, 2020

Judge: William B. Cassel

Areas of Law: Family Law, Government & Administrative Law, Immigration Law

The Supreme Court affirmed the judgment of the district court affirming the decision of a state agency ruling several noncitizen applicants ineligible for all public benefits of the Bridge to Independence program (B2I), holding that the district court did not err in determining that applicants were not eligible for B2I. The applicants in this case were Guatemalan citizens who fled to Nebraska as minors. Each applicant was adjudicated pursuant to Neb. Rev. Stat. 43-247(3)(a) and placed in foster care. The applicants, who had already received special immigration juvenile status, applied to the Nebraska Department of Health and Human Services (DHHS) for B2I. DHHS denied the applications because each applicant failed to meet the citizenship and lawful presence requirements. The district court affirmed. The Supreme Court affirmed, holding that the district court did not err in determining that the applicants were not eligible for B2I because the applicants were not "lawfully present" and the legislature did not "affirmatively provide" for unlawful applicants to be eligible under the Young Adult Bridge to Independence Act, Neb. Rev. Stat. 43-4501 to 43-4514.

State, ex rel. Ryley G. v. Ryan G.

Citation: 306 Neb. 63

Opinion Date: June 5, 2020

Judge: William B. Cassel

Areas of Law: Family Law

The Supreme Court affirmed as modified the judgment of the district court determining that it was in Child's best interests to continue living with Mother and in declining to change custody of Child to Father, holding that deployment of Mother's military spouse for one year to a base near Washington, D.C., coupled with a change in employment conditions after the deployment ended, constituted a legitimate reason for leaving the state. After Mother, who had custody of Child, remarried, she sought a modification requesting permission to move with Child to the District of Columbia and thereafter to wherever he husband was stationed. The court granted Mother leave to remove Child from Nebraska and to determine his primary place of residence. The Supreme Court affirmed as modified, holding (1) Mother established a legitimate reason for leaving Nebraska and moving with Child to the District of Columbia, and the district court did not err in determining that it was in Child's best interests to continue living with Mother; (2) the court did not err in declining to change custody of Child to Father; and (3) to the extent the order authorizes Mother to later move with Child to Missouri or Alabama, the order is modified to eliminate that authority.

J.S. v. Nebraska Department of Health & Human Services

Citation: 306 Neb. 20

Opinion Date: June 5, 2020

Judge: William B. Cassel

Areas of Law: Public Benefits

The Supreme Court affirmed the district court's judgment affirming a state agency's denial of Medicaid eligibility after J.S., a noncitizen who was admitted into the bridge to independence program (B2I), reached age nineteen, holding that the statutes and regulations cited by J.S. did not authorize her participation despite her immigration status and age. B2I, Nebraska's extended foster care program, was created by the Young Adult Bridge to Independence Act (YABI), Neb. Rev. Stat. 43-4501 to 43-4514. J.S., a citizen of El Salvador who fled to Nebraska as a minor, was adjudicated in juvenile court and placed into foster care. Upon turning nineteen years old, J.S. was accepted into B2I but was denied Medicaid coverage after her nineteenth birthday. The Nebraska Department of Health and Human Services (DHHS) upheld the denial of Medicaid benefits. At issue on appeal was whether J.S. could receive Medicaid under B2I. The district court concluded that because the Nebraska Legislature did not affirmatively provide for unlawful aliens to receive Medicaid benefits under B2I, J.S. was not entitled to Medicaid benefits. The Supreme Court affirmed, holding that the district court did not err in determining that J.S. was not eligible for Medicaid.