Now showing items 1-10 of 1610
On the cost disease and legal education
Paul E. McGreal, On the Cost Disease and Legal Education, 66 Syracuse L. Rev. 631 (2016).
Death and taxes: A survey of income tax issues for decedents and their families
Edward A. Morse, Death and Taxes: A Survey of Income Tax Issues for Decedents and Their Families, in 2016 Advanced Estate Planning Institute (Neb. Continuing Legal Educ. ed., 2016).
Law practice in the 21st century—Where are we heading?
Stephen C. Sieberson, Alex Fayad & Carola Cintron-Arroyo, Law Practice in the 21st Century—Where Are We Heading?, Omaha Bar Ass’n Newsl., Sept. 2016, at 9.
Taking professionalism to new heights: Mountaineering lessons for the practice of law
Stephen C. Sieberson, Taking Professionalism to New Heights: Mountaineering Lessons for the Practice of Law, Ninth Annual Seminar on Ethics and Professionalism (Omaha Bar Ass’n 2015).
An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement
Patrick J. Borchers, An Essay on Predictability in Choice-of-Law Doctrine and Implications for a Third Conflicts Restatement, 49 Creighton L. Rev. 495 (2016).
Both Restatements of the Conflict of Laws have been controversial. The First, completed in 1934, enshrined territorial rules, such as the law of the place of the injury (lex loci delicti) governing tort cases. The First ...
Myth of director consent: After Shaffer, beyond Nicastro
Eric A. Chiappinelli, The Myth of Director Consent: After Shaffer, Beyond Nicastro, 37 Del. J. Corp. L. 783 (2013).
Delaware, the most influential state in corporate America, routinely invokes an unconstitutional statute, Section 3114, to assert personal jurisdiction over virtually every non-resident director and officer. The Supreme ...
Medicaid, elective shares, and the ghosts of tenures past
Julia Belian, Medicaid, Elective Shares, and the Ghosts of Tenures Past, 38 Creighton L. Rev. 1111 (2005).
Legislators and administrators understandably struggle to ensure that Medicaid benefits are paid only to those who meet the criteria for financial need. Thus, Medicaid benefits will be denied to those who have "available" ...
From adversity to relationality: A Buddhist-oriented relational view of integrative negotiation and mediation
Ran Kuttner, From Adversity to Relationality: A Buddhist-oriented Relational View of Integrative Negotiation and Mediation, 25 Ohio St. J. on Disp. Resol. 931 (2010).
This article elaborates on the philosophical tenets of the Buddhist worldview and lays theoretical ground for the mindfulness-based practices that are advocated for in recent ADR literature. It will follow the claims of ...
Wave/particle tension in negotiation
Ran Kuttner, The Wave/Particle Tension in Negotiation, 16 Harv. Negot. L. Rev. 331 (2011).
Using the wave/particle duality, a central principle in quantum physics as a metaphor, this article describes two different modes of human interaction that a negotiator should be aware of when conducting her negotiations-within, ...
What does it mean to do the right thing?
Ran Kuttner, What Does It Mean to Do the Right Thing?, 10 Nev. L.J. 407 (2010).
In this article I wish to assist in clarifying why, and in what way, the cultivation of mindfulness and wisdom as understood within the Buddhist worldview can promote ethical conduct. As mindfulness is a Buddhist concept ...