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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Professional decision-making in medicine: Development of a new measure and preliminary evidence of validity
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
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
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 ... -
Legal ethics as three-dimensional chess: Our duties to persons other than our clients
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 ... -
“Bar talk” virtual chat with Steve Sieberson, Creighton University School of Law
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
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. ... -
Administrative law
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
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 ... -
Individual liberty during a crisis – a salute to federalism
Two recent crises have tested the mettle of our nation, revealing much about our citizens and government. The emergence of the coronavirus challenged our public health response. Experts recommended measures to slow ... -
United Nations Security Council permanent membership and the veto problem
While Ambassador Wenaweser wrestled with practical realities of U.N. Security Council reform and the efforts lead by his delegation to craft and see adopted a new code of conduct for Security Council practice, and Professor ... -
Falling through the cracks: Gang victims as casualties in current asylum jurisprudence
With the rise of transnational gangs in recent years, gang-based asylum cases have become both common and the cutting-edge of asylum jurisprudence. U.S. law protects persons fleeing serious human rights abuses inflicted ... -
Blackstone’s ratio for asylum: Fighting fraud while preserving procedural due process for asylum seekers
Fraud in the asylum context has long concerned U.S. government officials, and rightfully so. Changes in the law, such as imposing a one year filing deadline, mandating short processing times, and eliminating automatic ...
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