We're committed to our alumni and friends and proud to offer a variety of programming opportunities throughout the academic year. Our Continuing Legal Education (CLE) programs allows Nebraska Law faculty and distinguished guests to share their efforts to address current legal issues through legal research and scholarship.
Some of our programming opportunities are offered in person, remotely via Zoom, and/or both.
Please refer to each program separately for the ways in which you can attend.
October 15, 2024 | 12:00 P.m. | Room 111
Section 3 of the 14th Amendment through the lens of Section 2 of the 14th Amendment - Professor Mark Graber
Mark Graber, professor of government and law at Maryland Carey School of Law, will speak on how the Supreme Court in Trump v. Anderson interpreted the constitutional processes for implementing disqualification from national office set out in Section 3 of the 14th Amendment through the lens of Section 1 of the 14th Amendment, which the court described as restricting state autonomy. This paper interprets the constitutional processes for implement disqualification from national office through the lens of Section 2 of the Fourteenth Amendment, which reconstructs both state and federal governments. Section Two was to the framers the most important provision of the Fourteenth Amendment. That amendment sought to create trustworthy state governments with an even more trustworthy federal government as a backup. Under Sections 2-3, states have the power to disqualify candidates for federal office, subject to a judicial check. A judicial check is appropriate only when states have violated the substance of Section 3 and Congress has abdicated its constitutional role.
This lecture is part of Nebraska Law’s Law and Democracy Series, provided by generous support from Barb and Ron Schaefer.
This program has been approved for 1.0 continuing education credit in Nebraska.
RegisterFebruary 19, 2025 | 12:00 P.M. | Auditorium
People v. The Court: The Next Revolution in Constitutional Law
Please join us for this Law & Democracy Series Lecture with David Sloss, Professor of Law, Santa Clara University.
David L. Sloss is writing a book called “People v. The Court: The Next Revolution in Constitutional Law” and he will host a talk on the upcoming book.
The book presents a normative theory of judicial review that builds on John Hart Ely’s theory. Current constitutional doctrine is at odds with core constitutional values. We divide Con Law into rights issues and structural issues. Structural Con Law focuses on the division of power among government actors. That framing omits a key structural feature of the Constitution: the division of power between We The People and our government. Constitutional rights doctrine focuses on negative, individual rights. Accordingly, constitutional doctrine ignores one crucial right: the affirmative, collective right of We the People to control our government. My theory divides constitutional issues into three baskets: rights, structure, and democratic self-government.
The theory relies on a distinction between strong, weak, and deferential judicial review. In a system of strong review, judicial decisions applying the Constitution are not subject to legislative override. In a system of weak review, judicial decisions are subject to legislative override. With deferential review, courts generally defer to legislative judgments.
This event is approved for 1.0 continuing education credit in Nebraska.