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Civil Liberties Guarantees When Indian Tribes Act as Majority Societies: The Case of the Winnebago Retrocession
(Creighton University School of Law, 1988)
INTRODUCTION|When Indian law intersects the larger body of jurisprudence, it usually angles in from an off direction. One result is that legal rules at play in Indian country typically vary from American law as it operates ...
Supporting the Basic Educational Mission: Bystrom v. Fridley High School - The Right of School Officials to Establish Prior Restraint Regulations
(Creighton University School of Law, 1988)
INTRODUCTION|The restrictions placed on student publications is one of the predominant subjects in the debate over student rights in the high school environment. Amid the early history of public education in America, ...
Constitutional Ramifications of a Universal, Mandatory Testing Program for the Acquired Immunodeficiency Syndrome, The
(Creighton University School of Law, 1988)
INTRODUCTION|When dealing with fundamental rights, rights which include privacy interests, legislation allegedly infringing upon such rights will only be upheld if it can withstand a strict scrutiny analysis. A universal, ...
Estoppel and the Affirmative Misconduct Requirement - Chien-Shih Wang v. Attorney General
(Creighton University School of Law, 1988)
INTRODUCTION|Traditionally, the United States government has been immune from the doctrine of equitable estoppel. However, in recent years this view has given way to the sounder view that estoppel may lie against the ...
Another Look at the State College Press
(Creighton University School of Law, 1988)
INTRODUCTION|The collegiate press is big business. In the state of Nebraska alone, the newspapers of the University of Nebraska system and the state colleges reach more than thirty-four thousand readers. In some communities ...
Antitrust Analysis in Uncertain Times: FTC v. Superior Court Trial Lawyers Association
(Creighton University School of Law, 1991)
INTRODUCTION|United States antitrust laws exist to preserve competition and prevent monopoly. The intent of Congress in this area has always been to allow competition to regulate and stimulate the United States economy. ...
Free Exercise - Or the Lack Thereof - Employment Division v. Smith
(Creighton University School of Law, 1991)
INTRODUCTION|Although the first amendment to the United States Constitution provides that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof," the United States ...
Courtroom or Soapbox - Observations on the Role of Law in Vindicating Reputation
(Creighton University School of Law, 1991)
INTRODUCTION|The restoration of a damaged reputation may be of greater importance to the person who has been defamed than the recovery of damages. The immediate objective of many, if not most, defamation plaintiffs is not ...
Judicially Imposed Taxation and Desegregation: Missouri v. Jenkins
(Creighton University School of Law, 1991)
INTRODUCTION|The federal judiciary has traditionally stated that the federal courts have no power to levy taxes. But recent federal court opinions suggest that this is no longer true. Justice Harlan F. Stone has said the ...
Firther Step toward a New Exemption 7 of the Freedom of Information Act: John Doe Agency v. John Doe Corp., A
(Creighton University School of Law, 1991)
INTRODUCTION|Congress passed the Freedom of Information Act ("FOIA" or "Act") in 1966 to allow the public greater access to governmental information. Despite the broad disclosure policy of the Act, Congress delineated nine ...