Now showing items 528-547 of 2292

    • Damages - L Investments, Inc. v. Lynch: Tortious Injuries to Improvements on Realty 

      Fera, Richard Dennis (Creighton Law Review. vol. 17, pg. 461 )
      INTRODUCTION|The recent case of "L" Investments, Ltd. v. Lynch presented the Nebraska Supreme Court a unique opportunity to clarify what was characterized by the court as a somewhat "confused" area of law. The issue in "L" ...
    • Daubert Handbook: The Case, Its Essential Dilemma, and Its Progeny, The 

      Fenner, G. Michael (Creighton Law Review. vol. 29, pg. 939 )
      INTRODUCTION|This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision ...
    • The Dead Letter Veterans Preference Act: How the Federal Government is Failing to Lead by Example in Hiring Veterans 

      Eiler, Kent A. (Creighton Law Review. vol. 46, pg. 343 )
      FIRST PARAGRAPH(S)|The issue of veterans' unemployment is receiving considerable attention with the U.S. economy in its longest slump in decades. As U.S. involvement in the wars of Afghanistan and Iraq comes to a close, ...
    • Dead or Alive - Territorial Restrictions in Covenants-Not-To-Compete in Nebraska 

      Riekes, Steven (Creighton Law Review. vol. 33 )
      FIRST PARAGRAPH(S)|Covenants-not-to-compete are fairly common in the business world. For example, a purchaser of a business may want assurances that his investment will not be soured by the seller going into competition ...
    • Dealing with Child Abuse in a Unified Family Court 

      Minier, Alice (Creighton Law Review. vol. 8, pg. 782 )
      FIRST PARAGRAPH(S)|Child abuse falls within the broad category of family law, along with such other family problems as divorce, alimony, separation, support, paternity, juvenile delinquency, neglect, desertion and custody. ...
    • Dealing with Jehovah's Witness Custody Cases 

      Bergman, Jerry (Creighton Law Review. vol. 29, pg. 1483 )
      INTRODUCTION|In the United States alone, over 1,000 custody cases are fought annually involving Jehovah's Witnesses ("Witnesses"). Most cases involve a young couple in which the mother has converted to the Witnesses, thus ...
    • Dealing with the Disarray: The Eighth Circuit Addresses Notice and Demand Applicability to Lenders' Liability for Withholding Taxes under I.R.C. 3505(b) - United States v. Messina Builders and Contractors Co. 

      Hinkston, Mark R. (Creighton Law Review. vol. 20, pg. 1093 )
      INTRODUCTION|Generally, only employers are liable to the government for withholding taxes due on employees' wages. However, in 1966 Congress enacted section 3505 of the Internal Revenue Code of 1954, which imposed liability ...
    • Dean James A. Doyle 

      Unknown author (Creighton Law Review. vol. 3, pg. 196 )
      FIRST PARAGRAPH(S)|In retrospect, the career of a man of distinction will often seem pre-ordained in the progression of responsibilities which has so well fitted him for that ultimate challenge of leadership. Dean James ...
    • Dean Lawrence Raful 

      Unknown author (Creighton Law Review. vol. 22, pg. [xiii] )
      FIRST PARAGRAPH(S)|Lawrence Raful became the seventh dean of the Creighton University School of Law on July 1, 1988. He succeeded Rodney Shkolnick, who had served ten years as the dean and has now returned to fulltime ...
    • Dean Rodney Shkolnick 

      Morrison, Michael G. (Creighton Law Review. vol. 21, pg. [xiii] )
      FIRST PARAGRAPH(S)|It is with understanding but reluctance that I accepted Rod Shkolnick's resignation as dean. Rod came into the office richly prepared, respected in the legal community, and experienced as both professor ...
    • Death of the Peremptory Challenge: J.E.B. v. Alabama, The 

      Ferdico, Christopher M. (Creighton Law Review. vol. 28, pg. 1177 )
      INTRODUCTION|The peremptory challenge is nearly 700 years old and has existed in the United States for over 200 years. The peremptory challenge has been regarded as one of a criminal defendant's most important tools in ...
    • Debt v. Equity: Current Criteria for Distinguishing 

      Murray, Robert J. (Creighton Law Review. vol. 4, pg. 5 )
      FIRST PARAGRAPH(S)|When the Internal Revenue Code of 1954 was under consideration Congress sought to identify the criteria which would determine whether an investment represented a debt or equity. However, the Senate Finance ...
    • Debtor Discharge and Creditor Repayment in Chapter 13 

      Norberg, Scott F.; Velkey, Andrew J. (Creighton Law Review. vol. 39, pg. 473 )
      INTRODUCTION|There were nearly 1.6 million consumer bankruptcy filings in the United States in 2004. That is more than twice the number just ten years earlier and more than one filing for every seventy households in the ...
    • Debtors, Creditors, Default Judgments, Discretion: Why Rule 62(b)(4) Will Become One of the Most Important Federal Rules of Civil Procedure 

      Panoff, Jesse N. (Creighton Law Review. vol. 44, pg. 227 )
      INTRODUCTION|An obscure procedural rule is about to become profoundly important. The rule is Federal Rule of Civil Procedure 62(b)(4), the context is setting aside default judgments, and a modem exigency that this Article ...
    • Deciphering the Fair Use Doctrine: Campbell v. Acuff-Rose Music, Inc. 

      Calkins, Erin Maggio (Creighton Law Review. vol. 28, pg. 505 )
      INTRODUCTION|Shortly after England's enactment of a copyright statute in 1709, the English courts upheld the fair abridgement, or as it was later called, the fair use, of copyrighted material. American courts also recognized ...
    • Deciphering the Recent Abortion Plurality Decisions: Coe v. Melahn 

      Dixon, H. Dale III (Creighton Law Review. vol. 26, pg. 901 )
      INTRODUCTION|In 1973, the United States Supreme Court announced its decision in Roe v. Wade and established that the fundamental right to privacy encompassed a woman's ability to obtain an abortion. Since that decision, ...
    • Decline of the Right to Privacy and Security: Gates and the States - The First Three Years, The 

      Holley, Dannye (Creighton Law Review. vol. 21, pg. 823 )
      INTRODUCTION|In 1983, the United States Supreme Court decided Illinois v. Gates. Gates held that the probable cause protection against governmental searches and seizures provided by the federal Constitution's fourth amendment ...
    • Dedication 

      Unknown author (Creighton Law Review. vol. 11, pg. 1067 )
      FIRST PARAGRAPH(S)|"The business of a law school is not sufficiently described when you say that it is to teach law or to make a lawyer. It is to teach law in the grand manner, and to make great lawyers." Oliver Wendell ...
    • Dedication 

      Unknown author (Creighton Law Review. vol. 8, pg. [xvii] )
      FIRST PARAGRAPH(S)|Seldom in one lifetime are a state and nation privileged to have on the bench a man possessing the judicial talents of Justice Robert Smith. There have been few jurists in the history of the Nebraska ...
    • Dedication of the Ahmanson Law Center 

      Unknown author (Creighton Law Review. vol. 9, pg. 227 )
      FIRST PARAGRAPH(S)|The dedication of the Ahmanson Law Center of the Creighton University School of Law on September 13, 1975, marked the culmination of five years of planning and preparation by the administration, law ...