Current Law Faculty Publications

 

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.

Anderson, Terry M.
Birmingham, Edward J.
Borchers, Patrick J.
Brooks, Catherine M.
Coté, Kristy
Dallon, Craig W.
Dineen, Kelly K.
Fershee, Joshua P.
Fershee, Kendra Huard
Fox, Irina
Goedken, Rachel J.
Haneman, Victoria J.
Johnson, Troy C.
Kelly, Michael J.
Knoepfler, Carol C.
Mack, Raneta Lawson
Mahern, Catherine
Mangrum, Richard Collin
McGreal, Paul E.
Melilli, Kenneth J.
Morse, Edward A.
Neumeister, Kent J.
Real, Daniel L.
Sieberson, Stephen C.
Teply, Larry L.
Watts, Sean
Weber, David P.
White, Michaela M.

Recent Submissions

  • Bailout has to have strings: GM as deserving as Bear Stearns, however taxpayers need protection 

    Joshua Fershee, Op-Ed, Bailout Has to Have Strings: GM as Deserving as Bear Stearns, However Taxpayers Need Protection, Lansing St. J., Sept. 7, 2008, at 11A.

  • Ethics and estate administration 

    Craig W. Dallon, Ethics and Estate Administration, in Estate Administration from Start to Finish 340 (Nat’l Bus. Inst. ed., 2019).

  • Extrajudicial enforcement of the U.S. Foreign Corrupt Practices Act for anti-corruption compliance and ethics programs 

    Paul E. McGreal, Implications of Extrajudicial Enforcement of the U.S. Foreign Corrupt Practices Act for Anti-Corruption Compliance and Ethics Programs, 2019 U. ILL. L. REV. 1151.
    The United States Foreign Corrupt Practices Act (“FCPA”) is a federal law that criminalizes bribery of foreign government officials. The United States Department of Justice and the United States Securities and Exchange ...

  • Personal credibility and trial advocacy 

    Kenneth J. Melilli, Personal Credibility and Trial Advocacy, 40 Am. J. Trial Advoc. 227 (2016).
    There is no doubt that a variety of variables, including the evidence that is presented, determine the outcome of a jury trial. Moreover, each jury trial is unique, and it would be foolish to suggest that what is outcome ...

  • 2007-2008 National Health Law Moot Court Competition 

    Paul McGreal, 2007-2008 National Health Law Moot Court Competition, 29 J. Legal Med. 395 (2008).

  • Child sexual abuse custody dispute annotated bibliography 

    Catherine M. Brooks, The Child Sexual Abuse Custody Dispute Annotated Bibliography, 6 Crim. Behav. & Mental Health 189 (1996) (book review).

  • Admissibility and ethics of social media evidence 

    R. Collin Mangrum, The Admissibility and Ethics of Social Media Evidence, Neb. Law. July/Aug. 2019, at 23.

  • Client interviews 

    Larry Teply, Client interviews, in 2 The Legal English Course Book: Professional Legal English and Practical Skills (PLEPS Examination) 121 (Larissa Wyss & Kathrin Weston Walsh eds., 2018).

  • Negotiation and legal meetings 

    Larry Teply, Negotiation and Legal Meetings, in 2 The Legal English Course Book: Professional Legal English and Practical Skills (PLEPS Examination) 105 (Larissa Wyss & Kathrin Weston Walsh eds., 2018).

  • Definitions matter: A taxonomy of inappropriate prescribing to shape effective opioid policy and reduce patient harm 

    Kelly K. Dineen, Definitions Matter: A Taxonomy of Inappropriate Prescribing to Shape Effective Opioid Policy and Reduce Patient Harm, 67 U. Kan. L. Rev. 961 (2019).
    To date, no existing law or policy defines inappropriate prescribing, with only one state acknowledging the need for such a definition. At the federal level, a single provision of the SUPPORT Act of 2018 directs the Secretary ...

  • Overt disclosure requirement for eliminating the duty of loyalty 

    Joshua Fershée, An Overt Disclosure Requirement for Eliminating the Duty of Loyalty, 20 Transactions: Tenn. J. Bus. L. 979 (2019).

  • Evidence-based medicine in expert testimony 

    Wells Mangrum & Richard Collin Mangrum, Evidence-Based Medicine in Expert Testimony, 13 Liberty U.L. Rev. 337 (2019).
    This paper discusses how the paradigm shift of evidence-based-medicine and the tools developed in that genre provide an important basis at every stage of any expert's "health related" testimony under the Daubert standard ...

  • Low mountains or high tea: Misadventures in Britain's national parks 

    Steve Sieberson, Low Mountains or High Tea: Misadventures in Britain's National Parks
    When Steve Sieberson and his wife unexpectedly found themselves in Britain with an entire summer on their hands, they readily agreed to avoid the usual tourist attractions, opting instead for a road trip to the UK’s far-flung ...

  • Joshua Fershee on the end of director primacy 

    Joshua Fershee on the End of Director Primacy, IPSE DIXIT (Apr. 10, 2019), https://shows.pippa.io/ipse-dixit/episodes/joshua-fershee-on-the-end-of-director-primacy.
    In this episode of Ipse Dixit, Joshua Fershee discusses his article "The End of Responsible Growth and Governance?: The Risks Posed by Social Enterprise Enabling Statutes and the Demise of Director Primacy," which was ...

  • Introduction to corporate compliance and ethics programs 

    Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in Compliance & Ethics Essentials 729 (Practising Law Inst. ed., 2019).

  • Of docks and shackles: A comparative examination of courtroom control and the rights of the accused 

    Raneta Lawson Mack, Of Docks and Shackles: A Comparative Examination of Courtroom Control and the Rights of the Accused, 9 Wake Forest J. L. & Pol'y 311 (2019).
    This Article will focus on two approaches to restraining unruly defendants in criminal courtrooms: shackles, which are used primarily in the United States; and the dock, which is used in many European countries, including ...

  • Contemplating homeownership tax subsidies and structural racism 

    Victoria J. Haneman, Contemplating Homeownership Tax Subsidies and Structural Racism, 54 Wake Forest L. Rev. 363 (2019).
    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, ...

  • Business Law Prof Blog 

    Joshua P. Fershee, Business Law Prof Blog, https://lawprofessors.typepad.com/business_law/ (2010-present) (co-editor).

  • Parent trap: The unconsitutional severing of parental rights without due process of law 

    Kendra Huard Fershee, The Parent Trap: The Unconstitutional Severing of Parental Rights Without Due Process of Law, 30 Ga. St. U. L. Rev. 639 (2014).
    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 ...

  • Parent is a parent, no matter how small 

    Kendra Huard Fershee, A Parent Is a Parent, No Matter How Small, 18 Wm. & Mary J. Women & L. 425 (2012).
    Every parent in America has constitutional rights to parent his or her children. But if a parent is under the age of eighteen, those rights are tenuous. There is no question that adolescent parents face difficulties while ...

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