Current Law Faculty Publications
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This digital collection is a compilation of the scholarship of the current Creighton University School of Law faculty while they have been affiliated with the School of Law. Full text is provided when available. Publications of former faculty, including A Century of Creighton University School of Law Faculty Publications, 1904-2004 and former faculty who have left the School of Law or retired since 2004 are also available in the Creighton Digital Repository.
Recent Submissions
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Contemplating homeownership tax subsidies and structural racism
An insidious form of racism is facilitated by those who are heedless of structural inequities — or in this instance, the fact that legal structures have been developed to protect the experiences of those who are white, ... -
Parent trap: The unconsitutional severing of parental rights without due process of law
In 1997, Congress passed the Adoption and Safe Families Act (ASFA) to stem what it perceived to be an overreliance by states on foster care to provide a safe place for children whose parents had been accused of abuse or ... -
Prima facie parent: Implementing a simple, fair, and efficient standing test in courts considering custody disputes by unmarried gay or lesbian parents
Generally speaking, to seek custody of a child, a person must be a legal or biological parent to the child at issue. It is not unusual, in many jurisdictions in the United States, when same-sex couples are raising children ... -
Lifting the burden: Protecting parental rights in West Virginia
It would be difficult to find someone who does not agree that society must do all it can to protect children from harm. It would be hard to find a culture anywhere in the world that does not at least pay lip service to the ... -
Custody disputes by unmarried gay or lesbian parents
In order to maintain efficiency and fairness in the process of making custody determinations when same-sex partners who are also parents split, I argue that courts should use a more permissive standing test to determine ... -
Facts, fiction, and perception in hydraulic fracturing: Illuminating Act 13 and Robinson Township v. Commonwealth of Pennsylvania,
Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic ... -
Chance to lead in economically and environmentally sustainable hydraulic fracturing
North Dakota is uniquely, and largely favorably, situated to benefit from hydraulic fracturing, and has already reaped many such benefits. During the recent economic crisis, North Dakota’s housing market has been stable, ... -
Horizontal drilling, vertical problems: Property law challenges from the Marcellus Shale boom
This article focuses on key property challenges appearing as part of the West Virginia Marcellus Shale play. The paper opens with an introduction to the Marcellus Shale region that is the focus of our analysis. The paper ... -
How local is local?: A response to Professor David B. Spence's The political economy of local vetoes
Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas ... -
Natural gas is changing the clean energy game, but the game is not over
In his article, Clean Energy Federalism, Professor Felix Mormann analyzes the key facets of how energy law and environmental law intersect, as he considers how to implement a program to “decarbonize America’s energy economy.” ... -
Oil and gas evolution: Learning from the hydraulic fracturing experiences in North Dakota and West Virginia
This Article discusses major differences and similarities in U.S. oil and gas extraction via hydraulic fracturing through a comparison of the experiences in North Dakota and West Virginia. Although there are other parts ... -
Environmental & Energy Law & Policy Journal
President Bush declared America “addicted to oil” in his fifth State of the Union address, uttering what is now a common refrain used to urge the development of alternative fuel sources. Before progress can be made to ... -
Wrong: U.S. Supreme Court & 4575 other cases say an LLC is a corporation
Limited liability companies (LLCs) are often viewed as some sort of a modified corporation. This is wrong, as LLCs are unique entities (as are, for example, limited partnerships), but that has not stopped lawyers and courts, ...
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