Now showing items 1202-1221 of 2292

    • Magistrate Montaigne's Follower 

      Wyzanski, Charles E. Jr. (Creighton Law Review. vol. 11, pg. 503 )
      INTRODUCTION|It is a great honor for me to have a chance to address you on this lectureship. I have taken as my topic, "A Follower of Montaigne."|Montaigne, as I suppose most of you know, was at one time a petty magistrate ...
    • Mailing Element of the Federal Mail Fraud Statute: Schmuck v. United States, The 

      Effken, Matthew J. (Creighton Law Review. vol. 23, pg. 97 )
      INTRODUCTION|By its terms, the federal mail fraud statute applies only in cases where a mailing occurs "for the purpose of executing" a fraudulent scheme. In Schmuck v. United States, the United States Supreme Court gave ...
    • Maintaining the Reliability of Eyewitness Evidence: After the Lineup 

      Steblay, Nancy K. (Creighton Law Review. vol. 42, pg. 643 )
      INTRODUCTION|Two decades of DNA exonerations have highlighted the role of mistaken eyewitness identifications in wrongful convictions of innocent persons. Approximately 75% of exoneration cases documented by the Innocence ...
    • Making Sense of Modern Jurisprudence: The Paradox of Positivism and the Challenge for Natural Law 

      Soper, Philip (Creighton Law Review. vol. 22, pg. 67 )
      INTRODUCTION|Karl Llewellyn once said, referring to Roscoe Pound's work in jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a ...
    • Malice in Wonderland 

      Stenberg, Don (Creighton Law Review. vol. 30, pg. 15 )
      INTRODUCTION|In State v. Myers, the Nebraska Supreme Court expanded its power to include the drafting and enforcement of common law crimes. In Myers, the jury convicted the defendant, Myers, of second degree murder. His ...
    • Malpractice in the Managed Care Industry 

      Stern, Joanne B. (Creighton Law Review. vol. 24, pg. 1285 )
      INTRODUCTION|In view of the increased costs of providing health care services during the past twenty years, there have evolved during this time an increased number of managed health care systems, i.e., organizations, which ...
    • Malpractice Liability in Long-Term Care: A Changing Environment 

      Kapp, Marshall B. (Creighton Law Review. vol. 24, pg. 1235 )
      INTRODUCTION|Anxiety about professional malpractice liability has not consumed providers of long-term care in the United States with the same fervor that in the last two decades it has overwhelmed health care professionals ...
    • Management's Reserved Rights and the National Labor Relations Board - An Employer's View 

      Loomis, Walter P. Jr.; Herman, Joseph (Creighton Law Review. vol. 1, pg. 34-78 )
      FIRST PARAGRAPH(S)|Until recently, the prevailing approach to post-contractual labor management relations in the United States has been the reserved rights theory, under which an employer retains all rights to manage its ...
    • Mandatory AIDS Testing - A Fourth Amendment Analysis: Glover v. Eastern Nebraska Community Offic of Retardation 

      DeLoach, William A. III (Creighton Law Review. vol. 23, pg. 693 )
      INTRODUCTION|Acquired Immune Deficiency Syndrome (AIDS) is perhaps the most feared and devastating health problem in the world today. AIDS, initially identified in the United States in 1981, is a result of a virus called ...
    • Mandatory Reporting of Child Abuse in Nebraska 

      Stuart, Donald (Creighton Law Review. vol. 8, pg. 791 )
      INTRODUCTION|Efforts to cope with the child abuse problem are met at the out- set with immense practical difficulty. Just as governmental action necessarily depended on and followed awareness of the child abuse problem, ...
    • Marital Deduction Planning 

      Hefflinger, David L. (Creighton Law Review. vol. 11, pg. 679 )
      INTRODUCTION|The marital deduction became law in 1948 as a response to unequal benefits accruing to residents of estate tax community property states. There was a benefit of dying in a community property state because the ...
    • Material Participation Standard: An Analysis of Its Relevance in Tax Planning for Farmers, The 

      Marcil, Michaela M. (Creighton Law Review. vol. 14, pg. 921 )
      INTRODUCTION|In the minds of certain administrators and legislative drafts- men, there exists a carefully chiseled concept which has far reaching ramifications in the areas of social security law and estate taxation. This ...
    • McCleskey v. Zant: A Stricter Standard of Review for Abuse of the Writ of Habeas Corpus Involving Successive Federal Petitions 

      Hall, Thomas S. (Creighton Law Review. vol. 25, pg. 233 )
      INTRODUCTION|The United States Supreme Court moved closer to Chief Justice William H. Rehnquist's goal of streamlining the federal review process with its McCleskey v. Zant decision. In McCleskey, the Court established a ...
    • McCoy v. United States: The Eighth Circuit Imposes Excessive Requirements in Administrative Claims and Fails to Apply the Continuous Treatment Doctrine to Properly Postpone a Claim's Accrual 

      Dontigney, Shawn P. (Creighton Law Review. vol. 36, pg. 213 )
      INTRODUCTION|The federal government will waive its immunity from suit and allow parties injured by negligent actions of government employees to sue the United States in particular circumstances. Congress expressed the ...
    • Media Libel: Federal and Nebraska Law 

      Fenner, G. Michael; Koley, James L. (Creighton Law Review. vol. 12, pg. 149 )
      INTRODUCTION|Insofar as media defendants are concerned, there are two kinds of potentially libelous statements. Distinguished by the status of their subject, the two kinds of statements are, first, those relating to the ...
    • Mediation and Young People: A Look at How Far We've Come 

      Cottam, Glenda L. (Creighton Law Review. vol. 29, pg. 1517 )
      INTRODUCTION|Teaching mediation skills and other alternative conflict resolution techniques to our youth today may well be the crucial investment for our society's peaceable future. However, despite an increase in the ...
    • Mediation in Nebraska: An Innovative Past, a Spirited Present, and a Provocative Future 

      Kosier, Elizabeth R. (Creighton Law Review. vol. 31, pg. 183 )
      INTRODUCTION|"Only twice in my life have I felt utterly ruined-once when I lost a lawsuit, and once when I won."|For several years there has been a quiet transformation occurring in Nebraska's formal and informal systems ...
    • Mediation of Landlord-Tenant Disputes: New Hope for the Implied Warranty of Habitability 

      Salisich, Peter W. Jr.; Fitzgerald, Patrick W. (Creighton Law Review. vol. 19, pg. 791 )
      INTRODUCTION|The twenty-year revolution in residential landlord-tenant law, epitomized by the implied warranty of habitability, has transformed the law in over forty states, including the member states of the Eighth Circuit ...
    • Medicaid Expansion in Nebraska: Addressing Socioeconomic Inequities 

      McCleery, Molly (Creighton Law Review. vol. 52, no. 4, pg. 411-418September 2019)
      In November 2018, Nebraska voters passed Initiative Measure No. 427 to expand Medicaid coverage in Nebraska. Medicaid expansion will provide health insurance to nearly 90,000 low-income Nebraskans. Often, these 90,000 ...
    • Medicaid, Elective Shares, and the Ghosts of Tenures Past 

      Belian, Julia (Creighton Law Review. vol. 38, pg. 1111 )
      INTRODUCTION|For longer than most lawyers remember to remember, the right of a surviving spouse to a share in the deceased spouse's estate stood, unassailable, doing double-duty as a protection against spousal impoverishment ...