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Jury Duty for the Blind in the Time of Reasonable Accomodations: The ADA's Interface with a Litigant's Right to a Fair Trial
(Creighton University School of Law, 1999)
INTRODUCTION|Millions of United States citizens are called to jury duty every year in this country. For many, reporting for jury duty is a chore to be avoided; for others it is an opportunity to participate in the democratic ...
Amendment One: The Nebraska Equal Protection Clause
(Creighton University School of Law, 1999)
INTRODUCTION|"No State shall ... deny to any person within its jurisdiction the equal protection of the laws." This clause, found in the Fourteenth Amendment of the United States Constitution, grants equal protection of ...
Hall v. Progress Pig, Inc.: Protecting and Strengthening the Citizen Standing Clause of Initiative 300
(Creighton University School of Law, 1999)
INTRODUCTION|Article XII, section 8 of the Nebraska Constitution was enacted after organized opponents of corporate farming and ranching took successful steps to amend the state constitution through the referendum process. ...
Violation of the Erie Doctrine: Application of a Rule of Federal Common Law to Issues of Patent License Transferability
(Creighton University School of Law, 1999)
INTRODUCTION|A split among the courts exists as to whether the transferability of a patent license is a question to be determined by application of state law or one determined by application of federal law. A federal rule ...
DOMA and Conflicts Law: Congressional Rules and Domestic Relations Conflicts Law
(Creighton University School of Law, 1999)
INTRODUCTION|Under the Defense of Marriage Act ("DOMA"), Congress authorizes states to give no effect to any judgment based on a same-sex union. This Essay argues that Congress abused its powers in enacting DOMA, and that ...
Essay on Inter-Jurisdictional Issues in Adoption: Where Is This Child Not My Child, An
(Creighton University School of Law, 1999)
INTRODUCTION|For most of its history, adoption law in Anglo-American jurisprudence has appeared as a plain, simply-made cloth. However, adoption itself, as practiced by the many cultures comprising the United States, is a ...
Foreword
(Creighton University School of Law, 1999)
FIRST PARAGRAPH(S)|The voice on the other end of the phone was a familiar one. The late David Thompson, the reporter who covered the federal courts for the "Omaha World Herald," was on the line.|"Omaha World Herald," was ...
L.B. 433: A New Legal Framework for Nebraska Condominiums
(Creighton University School of Law, 1984)
INTRODUCTION|In Nebraska, as elsewhere, the condominium housing concept presents some unique legal questions. Condominium ownership is a hybrid of individual and community ownership. Each unit owner has a fee simple in his ...
Criminal Law - State v. Lovelace: The Procrustean State of the Lesser-Included Offense Doctrine in Nebraska
(Creighton University School of Law, 1984)
INTRODUCTION|By its simplest definition, the doctrine of the lesser included offense allows a criminal defendant to be convicted of a crime for which there was no formal charge in the indictment or information. However, ...
Drunk Driving - State v. Peiffer: Time in a Bottle
(Creighton University School of Law, 1984)
INTRODUCTION|In State v. Peiffer (Peiffer I), and again upon rehearing in State v. Peiffer (Peiffer II), the Nebraska Supreme Court faced the issue of whether the penalty provisions of Nebraska's new drunk driving law, ...