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Conflicting Interpretations of the One-Year Requirement on Motions to Confirm Arbitration Awards
(Creighton University School of Law, 2005)
INTRODUCTION|For years, both individuals and businesses have used arbitration to resolve their disputes instead of resorting to the traditional court system. Arbitration provides a better choice for businesses because it ...
Do-Not-Call List Controversy: A Parable of Privacy and Speech, The
(Creighton University School of Law, 2005)
INTRODUCTION|The controversy surrounding the constitutional challenge to the federal telemarketing "Do-Not-Call List" is a revealing parable of modern American life. The questions of First Amendment policy and doctrine ...
Iceberg of Religious Freedom: Sub-Surface Levels of Nonestablishment Discourse, The
(Creighton University School of Law, 2005)
INTRODUCTION|I hope I correctly understood Professor Dallon's invitation to participate in this conference as a proposal to reflect broadly on scholarly work in an area in which I've been teaching and writing for about two ...
Foreword - Koley Lecture Series
(Creighton University School of Law, 2005)
FIRST PARAGRAPH(S)|When the Omaha World-Herald Foundation, John Gottschalk and other members of the World-Herald management team contributed funds to Creighton University School of Law to establish The James L. Koley '54 ...
Judicial Review Standards in Unicameral Legislative Systems: A Positive Theoretic and Historical Analysis
(Creighton University School of Law, 2000)
INTRODUCTION|Courts reviewing the constitutional reasonability of ordinary Nebraska statutes apply the same deferential review standards as courts that review similar laws in other states. This is inconsistent with the ...
Complicated World of the Electing Spouse: In Re Estate of Myers and Recent Statutory Developments, The
(Creighton University School of Law, 2000)
INTRODUCTION|The Supreme Court of Nebraska, in its unanimous decision in In re Estate of Myers, has given to Nebraska lawyers an authoritative and instructive interpretation of the Nebraska elective share statutes. While ...
Residual Exception to the Hearsay Rule: The Complete Treatment, The
(Creighton University School of Law, 2000)
INTRODUCTION|The hearsay rule excludes from evidence a kind of information that we all use all of the time in our every day lives: second-hand information. The rule expresses a judicial preference for first-hand knowledge. ...
Should Unexercised Stock Options be Considered Gross Income under State Law for Purposes of Calculating Monthly Child Support Payments
(Creighton University School of Law, 2000)
INTRODUCTION|With about half of all marriages ending in divorce, one issue of paramount concern is that of stock options and how they should be handled with regard to their valuation relative to calculation of monthly child ...
Determining Testamentary Intent in a Holographic Will by Referencing Typewritten Language - Not in Nebraska: An Analysis of the Nebraska Supreme Court's Ruling in Estate of Foxley v. Hogan
(Creighton University School of Law, 2000)
INTRODUCTION|Nebraska Revised Statute section 30-2328, which applies to both holographic wills and codicils, requires an instrument claimed to be testamentary in nature to have "the signature, the material provisions, and ...
Grand Jury in Nebraska, The
(Creighton University School of Law, 2000)
INTRODUCTION|In an age in which many, if not most, commentators have come to criticize the utility and practice of the grand jury system of indicting people for criminal conduct, Nebraska has reexamined its century-old ...