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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.

Anderson, Terry M.
Borchers, Patrick J.
Brooks, Catherine M.
Coté, Kristy
Dallon, Craig W.
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
Mangrum, Richard Collin
McGreal, Paul E.
Morse, Edward A.
Neumeister, Kent J.
Real, Daniel L.
Sieberson, Stephen C.
Suder, Joy M.
Teply, Larry L.
Uchimiya, Diane
Weber, David P.

Recent Submissions

  • Comment on the proposed revision of federal rule of evidence 702: "Clarifying" the court's gatekeeping responsibility over expert testimony 

    Richard Collin Mangrum, Comment, Comment on the Proposed Revision of Federal Rule of Evidence 702: “Clarifying” the Court’s Gatekeeping Responsibility over Expert Testimony, 56 CREIGHTON L. REV. 97 (2022).
    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 

    Edward A. Morse, Important Developments in Federal Income Taxation, in GREAT PLAINS FEDERAL TAX INSTITUTE (2022).
    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 

    Edward A. Morse, Digital Assets in Decedents’ Estates: Overview and Analysis, in PROBATE LAW SEMINAR (Neb. State Bar Ass’n ed., 2022).
    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 

    Edward A. Morse, Survey of Tax Issues Surrounding Death of a Farm Business Owner, in AGRIGULTURAL LAW SUMMIT (2022).
    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 

    Edward A. Morse, Adapting to Innovation: Embracing Incremental Change, NEB. LAW., Sept./Oct. 2022, at 23.
    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 ...
  • You and your client: What makes a successful relationship? 

    Stephen C. Sieberson, Video File: You and Your Client: What Makes a Successful Relationship?, SIXTEENTH ANNUAL SEMINAR ON ETHICS & PROFESSIONALISM (Omaha Bar Ass’n ed., 2022).
  • Mangrum on Nebraska evidence 

    R. Collin Mangrum, MANGRUM ON NEBRASKA EVIDENCE (2022 ed. 2022).
    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 

    Kelly K. Dineen Gillespie, Ruan v. United States: “Bad Doctors,” Bad Law, and the Promise of Decriminalizing Medical Care, CATO SUP. CT REV. 271 (2021/2022).
    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 

    Victoria J. Haneman, If You Lost Money on FTX, You May See Some Tax Relief, COINDESK (Nov. 18, 2022), https://www-coindesk-com.cdn.ampproject.org/c/s/www.coindesk.com/layer2/2022/11/18/ftx-collapse-bankruptcy-crypto-tax-implications/?outputType=amp.
    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 

    Larry L. Teply, LEGAL NEGOTIATION IN A NUTSHELL (4th ed. 2023).
    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 

    David P. Weber, Athletes in Transit: Why the Game is Different in Sports and the Visas Should Be Too, 96 TULANE L. REV. 893 (2022).
    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, 

    Victoria J. Haneman, Dynasty 529 Plans and Structural Inequality, 61 WASHBURN L.J. 497 (2022).
    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 

    Victoria J. Haneman, Prepaid Death, 59 HARVARD J. ON LEGIS. 329 (2022).
    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 

    Michael J. Kelly, Quiescent Sovereignty of U.S. Territories, 105 MARQ. L. REV. 501 (2022).
    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 ...
  • Wealth, privilege, power, and opportunity 

    Victoria J. Haneman, Wealth, Privilege, Power, and Opportunity, JOTWELL, Dec. 22, 2021 (reviewing Allison Anna Tait, Inheriting Privilege, 106 MINN. L. REV. __ (forthcoming 2022), available at SSRN), https://trustest.jotwell.com/wealth-privilege-power-and-opportunity/.
  • Introduction to corporate compliance and ethics programs 

    Paul E. McGreal, An Introduction to Corporate Compliance and Ethics Programs, in COMPLIANCE & ETHICS ESSENTIALS 2022 261 (Practising Law Inst. ed., 2022).
  • Mangrum and Benson on Utah evidence 

    R. Collin Mangrum & Dee Benson, MANGRUM AND BENSON ON UTAH EVIDENCE (2021-2022 ed. 2021).
  • 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 

    Patrick J. Borchers, Ford Motor Co. v. Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer Era, 72 CASE W. RES. L. REV. 45 (2021).
    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 ...

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