Faculty Publications
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Recent Submissions
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Kiobel's "Touch and concern" text in the Eleventh Circuit (and elsewhere) and a new paradigm for the extraterritorial application of U.S. law
(2020)The Supreme Court's jurisprudence on so-called "extraterritorial" application of federal statutes has long suffered from deep incoherence. Specifically, it is not clear what it means for a statute to be applied extrater ... -
Important developments in federal income taxation
(. Lincoln, NE, 2020)This outline covers significant developments in federal income taxation arising during the past year. It offers a selective treatment focusing on items likely to interest practitioners and advisors within a broad range of ... -
An overview of corporate Compliance and ethics programs
(. New York, NY, 2020) -
Professional decision-making in medicine: Development of a new measure and preliminary evidence of validity
(2020)This study developed a new Professional Decision-Making in Medicine Measure that assesses the use of effective decision-making strategies: seek help, manage emotions, recognize consequences and rules, and test assumptions ... -
Invisible no more: The impact of COVID-19 on essential food production workers
(2020)From the farms to the packing plants, essential workers in critical food production industries keep food on our tables while risking their and their families’ health and well-being to bring home a paycheck. They work in ... -
Back to square one: How Tribune revived the settlement payment safe harbor to trustee avoidance powers in the context of leveraged buyouts
(2020)This Article reviews the history of the Code section 546(e) safe harbor, highlighting the circuit split that was resolved by Merit Management. The Article then focuses on the current framework for the analysis, as it was ... -
Tribute to Professor Linda Eads
(2019) -
Legal ethics as three-dimensional chess: Our duties to persons other than our clients
(2020)This article will highlight where the Nebraska RPCs require or at least suggest that we look to the interests of others as we represent our clients. In this analysis, we will review the Preamble and Parts 1 through 4 ... -
Conflicts in a nutshell
(. St. Paul, MN, 2020) -
“Bar talk” virtual chat with Steve Sieberson, Creighton University School of Law
(. Omaha, NE, 2020)Dave Sommers, Omaha Bar Association Executive Director, interviews Steve Sieberson regarding his book and writing process for his recent book, Low Mountains or High Tea. -
This, I believe: A new look at corporate purpose, director primacy and the business judgment rule
(2020)This short essay provides some explanation and context built around a simple statement regarding corporate (or entity) purpose and how to balance the shareholder wealth maximization norm with broad director discretion. ... -
Family Law Quarterly
(2019) -
Administrative law
(. St. Paul, MN, 2016)This audio lecture features Professor Patrick J. Borchers condensing administrative law into one lecture that includes law, hypotheticals, and exam tips. It includes classification of agencies, adjudicative and investigative ... -
Criminal procedure: Cases, readings, and comparative perspectives
(. San Diego, CA, 2021)Criminal Procedure: Cases, Readings, and Comparative Perspectives focuses on the essentials of criminal procedure law as it arises under the Fourth, Fifth, and Sixth Amendments to the United States Constitution. The casebook ...