Now showing items 1324-1343 of 2302

    • Nebraska Uniform Trust Code: Nebraska Trust Law in Transition, The 

      Volkmer, Ronald R. (Creighton Law Review. vol. 37, pg. 61 )
      INTRODUCTION|Nebraska lawyers now face the reality of a changed world of Nebraska trust law with the passage of LB 130 during the Ninetyeighth Legislature, First Session. LB 130 enacts the Nebraska Uniform Trust Code ...
    • Nebraska Workers' Compensation Act - Injustice in Denying Permanent Total Disability Benefits to a Totally Disabled Employee: Rodriquez v. Prime Meat Processors 

      Plambeck, Michael J. (Creighton Law Review. vol. 22, pg. 555 )
      INTRODUCTION|Rodriquez v. Prime Meat Processors was the Nebraska Supreme Court's first attempt at interpreting the "one accident" language contained in section 48-121(3) of the Nebraska Workers' Compensation Act. In ...
    • Nebraska Workmen's Compensation Law: Lump Sum Settlements 

      Welch, Larry F. (Creighton Law Review. vol. 4, pg. 246 )
      FIRST PARAGRAPH(S)|As Judge Novicoff has stated and as indicated on the program, I am going to discuss lump sum settlements. Since I am aware that there are quite a few representatives from insurance companies, from time ...
    • Nebraska Workmen's Compensation Law: New Legislation - Enacted and Pending 

      Novicoff, Benjamin (Creighton Law Review. vol. 4, pg. 235 )
      FIRST PARAGRAPH(S)|This part of the program is entitled "New Legislation In The 1971 Nebraska Legislative Session." The Legislature, as you know, is still in session. There are about 15 days left in this present session. ...
    • Nebraska Workmen's Compensation Law: Recent Decisions 

      Wiles, Richard (Creighton Law Review. vol. 4, pg. 253 )
      FIRST PARAGRAPH(S)|There were nine cases decided in the Nebraska Supreme Court since last year's seminar dealing with workman's compensation. Three of these cases are of some importance, but I will review all nine of the ...
    • Nebraska Workmen's Compensation Law: Rehabilitation - A Helping Process 

      Koester, H. J. W. (Creighton Law Review. vol. 4, pg. 261 )
      FIRST PARAGRAPH(S)|Dr. Alan Keith-Lucas, professor of social work at the University of North Carolina, in addressing a group including ministers, social workers, rehabilitation workers and others involved in helping people ...
    • Nebraska's Adoption of Statutory Provisions for the Creation, Perfection and Enforcement of a Security Interest in Real Estate Rents 

      Turner, Steven C. (Creighton Law Review. vol. 27, pg. 181 )
      INTRODUCTION|The rental payments generated from a commercial real estate project, such as a shopping center or an apartment complex, are often the primary source of repayment of a debt secured by the real estate. Although ...
    • Nebraska's Adoption of the 1972 Amendments to the Uniform Commercial Code 

      Turner, Steven C. (Creighton Law Review. vol. 14, pg. 99 )
      INTRODUCTION|The Nebraska Unicameral has enacted, with some modifications and variations, the 1972 Amendments to the Uniform Commercial Code which became effective on July 19, 1980. The Amendments are directed primarily ...
    • Nebraska's Evidentiary Rules on Relevancy 

      Mangrum, Richard Collin (Creighton Law Review. vol. 29, pg. 119 )
      FIRST PARAGRAPH(S)|Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without ...
    • Nebraska's Evidentiary Rules Regarding Witnesses 

      Mangrum, Richard Collin (Creighton Law Review. vol. 28, pg. 55 )
      FIRST PARAGRAPH(S)|Every person is competent to be a witness except as otherwise provided in these rules.|Nebraska adopted verbatim the competency rule contained in Federal Rule of Evidence 601. Reversing the common law ...
    • Nebraska's Exceptional Depravity Language at Death's Door: Moore v. Clarke 

      Burke, Jeanne A. (Creighton Law Review. vol. 24, pg. 1019 )
      INTRODUCTION|Once a defendant is found guilty of first-degree murder in Nebraska, the factual circumstances surrounding the murder largely determine whether the defendant is sentenced to life imprisonment or death. In 1973, ...
    • Nebraska's Joinder Statutes Need to be Modernized 

      Riekes, Steven J. (Creighton Law Review. vol. 31, pg. 257 )
      FIRST PARAGRAPH(S)|A husband and wife were traveling together by automobile, when another vehicle collided with theirs. Both the husband and wife sustained severe injuries from this accident. In a rational legal world, one ...
    • Nebraska's Law of Secured Transactions: Pitfalls for the Unwary 

      Rector, Larry J. (Creighton Law Review. vol. 21, pg. 567 )
      INTRODUCTION|Today, the economy throughout the midwestern states is very depressed. Not only is the situation illustrated by farm failures, but a large percentage of non-farm businesses are also faced with severe financial ...
    • Nebraska's Marijuana and Controlled Substances Tax Stamp Act and Self-Incrimination: State v. Garza 

      LeMay, Michael A. (Creighton Law Review. vol. 27, pg. 313 )
      INTRODUCTION|For a number of years, the Federal Government taxed illegal drug trafficking under the Federal Marihuana Tax Act; however, in 1969, the United States Supreme Court declared the transfer tax provisions in that ...
    • Nebraska's Mysterious New Tax Valuation System: L.B. 271, the Agricultural Land Valuation Law 

      Johnson, Billie L. (Creighton Law Review. vol. 19, pg. 623 )
      INTRODUCTION|In 1857, territorial Nebraska instituted the property tax, as a "fair" way of taxing the wealthy for the use of government services. In the twentieth century, however, the measure of wealth shifted from realty ...
    • Nebraska's Procedural Rules of Evidence 

      Mangrum, Richard Collin (Creighton Law Review. vol. 29, pg. 219 )
      FIRST PARAGRAPH(S)|Rule 101 states that the Nebraska Rules of Evidence apply in Nebraska courts to the extent provided in Rule 1101. Rule 101 thus maybe understood only by reference to Rule 1101. Rule 1101(1) provides that ...
    • Nebraska's Prohibition of Off-Track Betting: An Exercise of Police Power 

      Cunningham, Robert P. (Creighton Law Review. vol. 21, pg. 649 )
      INTRODUCTION|The Nebraska Supreme Court with its decision in Midwest Messenger Association v. Spire, reasserted the ability of the Nebraska legislature to regulate or prohibit certain aspects of the state's legalized ...
    • Nebraska's Rape Corroboration Rule - What and Why 

      Starrett, Frederick K. (Creighton Law Review. vol. 8, pg. 56 )
      INTRODUCTION|To prove the charge of rape or assault with intent to rape in Nebraska, it is necessary that the accusations of the complaining witness be corroborated by independent evidence. This has clearly been the case ...
    • Nebraska's Real Property Transfer on Death Act and Power of Attorney Act: A New Era Begins 

      Volkmer, Ronald R. (Creighton Law Review. vol. 46, pg. 499 )
      INTRODUCTION|The 2012 session of the Nebraska Unicameral witnessed the passage of two significant bills that are of major importance to Nebraska estate planning lawyers. Legislative Bill 536 enacted into Nebraska law the ...
    • Nebraska's Response to Record Piracy 

      Strom, Louis J.; Tyler, James M. (Creighton Law Review. vol. 8, pg. 18 )
      INTRODUCTION|In 1971 the sound recording industry brought to the United States Congress a problem which had long merited attention. Both at home and abroad industry profits were being reduced, at an estimated rate of $100 ...