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Continue and Pay the Fee: The Ninth Circuit Correctly Determined the National Bank Act Preempts Municipal ATM Surcharge Bans in Bank of America v. City of San Francisco
(Creighton University School of Law, 2004)
INTRODUCTION|The National Bank Act ("NBA") provides a comprehensive system for the establishment and regulation of national banks. In addition to several enumerated powers, the NBA authorizes national banks to "exercise ...
Groundwater Law and Management: The Asia (IWMI)-Kansas Program
(Creighton University School of Law, 2008)
INTRODUCTION|Groundwater depletion is a growing problem, not just in the High Plains and other aquifers of the central and western United States, but also world-wide. Many parts of the globe face serious fresh water ...
United States Supreme Court Failed to Follow Over Thirty Years of Precedent by Replacing Individualized Medical Judgment with Congressional Findings, The
(Creighton University School of Law, 2008)
INTRODUCTION|Abortion rates do not appear to be affected by the legality of abortion; instead, the legal status affects the safety of the abortion procedure. A recent, global study by the World Health Organization and the ...
Ventura v. The Cincinnati Enquirer: The Sixth Circuit Correctly Determined a News Reporter's Disclosure of a Confidential News Source's Criminal Acts to Law Enforcement Was Absolutely Privileged, but the Court Improperly Ignored Whether the Confidentiality Agreement Was Enforceable under a Promissory Estoppel Theory
(Creighton University School of Law, 2006)
INTRODUCTION|Stories of news reporters going to prison to protect the identity of confidential news sources present difficult questions about the function of the media in our society. Historically, reporters have kept their ...
Family Educational Rights (and) Privacy Act of 1974: Recommendations for Realigning Educational Privacy with Congress' Original Intent, The
(Creighton University School of Law, 2008)
INTRODUCTION|In the early twentieth century, the United States Supreme Court first acknowledged an individual's right to make private decisions, including educational decisions, in the realm of the individual's personal ...
Flip Side of Privacy: The Right of Publicity, the First Amendment, and Constitutional Line Drawing - A Presumptive Approach, The
(Creighton University School of Law, 2006)
INTRODUCTION|Slightly more than fifty years ago, courts and commentators noted the fact that famous persons had begun regularly to leverage their fame in one area, for example sports or entertainment, into other lucrative ...
Whom to Hire: Rampant Misrepresentations of Credentials Mandate the Prudent Employer Make Informed Hiring Decisions
(Creighton University School of Law, 2006)
INTRODUCTION|Literature Professor Quincy Troupe was a much-loved member of the University of California at San Diego faculty. He was a prolific and acclaimed poet who was just as committed to working with his students as ...
Gramm-Leach-Bliley Act: Five Years after Implementation, Does the Emperor Wear Clothes, The
(Creighton University School of Law, 2006)
INTRODUCTION|Five years ago, the Gramm-Leach-Bliley Act was fervently debated and unveiled to the public with more pomp and circumstance than most legislation in recent years. The Act was initially touted to be both an ...
Section 102(1) of the National Environmental Policy Act
(Creighton University School of Law, 2008)
INTRODUCTION|The National Environmental Policy Act of 1969 ("NEPA") occupies a revered place in federal environmental law for several legitimate reasons. First, NEPA holds a position of primacy. Enacted on January 1, 1970, ...
Executive Summary: Report on the Resolution of Outstanding Property Claims between Cuba (and) The United States
(Creighton University School of Law, 2008)
INTRODUCTION|On October 1, 2005, Creighton University was awarded a grant from USAID to develop a model for a property claims settlement mechanism between Cuba and the United States. Three law faculty were joined by three ...