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Interpreting Nebraska Rule of Evidence 702 after the Nebraska Supreme Court Adopted the Federal Daubert Standard for the Admissibility of Expert Testimony in Schafersman v. Agland Coop
(Creighton University School of Law, 2002)
INTRODUCTION|Any rational judicial system should serve the twin goals of truth and justice. Both the Federal and the Nebraska Rules of Evidence adopt these goals as the purposes underlying each and every rule of evidence. ...
Joint Custody and Relocation: The Supreme Court of Nebraska Limits Relocation of Parents Sharing Joint Custody in Brown v. Brown
(Creighton University School of Law, 2002)
INTRODUCTION|Disputes regarding child custody and parental relocation are some of the most difficult for a court to decide. Once a family is separated by divorce, it cannot be configured in exactly the same way again. ...
Liability Insurers' Right to Defend their Insureds
(Creighton University School of Law, 2002)
INTRODUCTION|Liability insurance is "litigation insurance." It may be so described because a liability insurer has three closely related duties tied to actual or threatened litigation against its insured: an express ...
Third-Party Legal Opinions: An Introduction to Customary Practice
(Creighton University School of Law, 2002)
INTRODUCTION|A request to provide a legal opinion to a non-client third party has become routine and is now a part of many attorneys' practice. Providing these "third-party" legal opinions is a troubling, and relatively ...
Essay on Precedent, Standing Bear, Partial-Birth Abortion and Word Games - A Response to Steve Grasz and other Conservatives, An
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|Like Elmer Dundy, the author of United States ex rel. Standing Bear v. Crook, I have been privileged to serve as a federal judge in Nebraska. Unremarkably, or so I thought until recently, we try as best ...
Territorial Restrictions in Covenants-Not-To-Compete in Nebraska, Part II
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|Until recently, the viability of territorial restrictions in covenants not-to-compete was uncertain in employment cases involving Nebraska law. These covenants are usually contained in employment contracts. ...
Barbara S. Green: Courage and Compassion in Law and Life
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|For the many years that Barbara S. Green has served as a professor of law at Creighton University, she has been a model of passionate teaching-and learning-for her students, colleagues, and friends. In ...
Role Model to All - A Tribute to Barbara Green, A
(Creighton University School of Law, 2002)
FIRST PARAGRAPH(S)|Other than your immediate family members, there are only a few people in one's life that really matter and that you are immensely grateful to know. Barbara Green is such a person. I first met her as a ...
Held up in Due Course: Predatory Lending, Securization, and the Holder in Due Course Doctrine
(Creighton University School of Law, 2002)
INTRODUCTION|Predatory lending is a scourge of the modern American financial system. A recent analysis of this problem estimated that it costs U.S. borrowers $9.1 billion annually, even excluding what may be the greatest ...
Held Up in Due Course: Codification and the Victory of Form over Intent in Negotiable Instrument Law
(Creighton University School of Law, 2002)
INTRODUCTION|The holder in due course doctrine is part of the little-known, often-ignored backwater that is negotiable instruments law and, simultaneously, is at the heart of today's great crisis of the American financial ...