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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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Comment on the proposed revision of federal rule of evidence 702: "Clarifying" the court's gatekeeping responsibility over expert testimony
Expert testimony has always presented the courts with an analytical dilemma. On the one hand, jurors may benefit from the insight of experts in understanding complex issues. On the other hand, jurors have limited capacity ... -
Important developments in federal income taxation
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 ... -
Digital assets in decedents’ estates: Overview and analysis
Digital assets encompass a broad range of electronic files, images, accounts, and information. Some have limited monetary value, but they may require preservation because of sentimental value to family members or loved ... -
Survey of tax issues surrounding death of a farm business owner
Among the many problems created by death of a farm business owner, tax consequences may not rank at the top of the list, but they are nevertheless important. This outline focuses on fundamental income tax issues and related ... -
Adapting to innovation: Embracing incremental change
This essay provides some observations about the processes of change affecting the legal profession. While legal changes often flow from innovation, new rules tend to lag far behind the present state of technology, requiring ... -
Mangrum on Nebraska evidence
This source for Nebraska evidence law enables you to quickly locate a particular rule and case law that applies to your issue. It discusses legislative history behind each rule, and highlights decisions by the United States ... -
Ruan v. United States: “Bad doctors,” bad law, and the promise of decriminalizing medical care
This essay is an attempt to disentangle some of that complexity and proceeds in four parts. First, I share a few of my nursing experiences working with patients who took prescribed opioids and try to shed some light on ... -
If you lost money on FTX, you may see some tax relief
This article compares Sam Bankman-Fried's crypto trading empire to Bernie Madoff's Ponzi scheme to glean what the FTX fallout could mean for tax filers. -
Legal negotiation in a nutshell
Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case ... -
Athletes in transit: Why the game is different in sports and the visas should be too
At least as early as the ancient Olympic games, athletes have traveled to engage in competition. Participation in the games was so revered that military truces were enacted to secure the safety of spectators and athletes ... -
Dynasty 529 plans and structural inequality,
The tax advantages available through 529 accounts, such as the potential for perpetual tax-free growth, have been maximized by the wealth defense industry that operates to the advantage of high income and wealth families ... -
Prepaid death
The cost of an adult funeral exceeds $9,000. Funerals are expensive and death is not considered an appropriate time to bargain shop. The consumer is generally inexpert and vulnerable due to bereavement. Decisions are often ... -
Quiescent sovereignty of U.S. Territories
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal ... -
International business contracting: Theory and practice
International Business Contracting is designed to teach business and law students how international business contracts are structured and drafted. After several introductory chapters on international business, legal issues, ... -
Ford Motor Co. v. Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer era
In its seventh personal jurisdiction decision since 2011, the Supreme Court in Ford Motor Co. v. Montana Eight Judicial District Court ruled for the plaintiff and found jurisdiction, after six straight victories for ...