Now showing items 1-10 of 41
Opinion letter to the Nebraska Judicial Structure and Administration Task Force
G. Michael Fenner, Opinion Letter to the Nebraska Judicial Structure & Administration Task Force (June 1, 2007), in Nebraska Judicial Structure & Administration Task Force Final Report H-1 (Neb. State Bar Ass'n ed., 2007).
Executive excess v. judicial process: American judicial responses to the government's war on terror
Michael J. Kelly, Executive Excess v. Judicial Process: American Judicial Responses to the Government's War on Terror, 13 Ind. Int'l & Comp. L. Rev. 787 (2003).
The federal government's policy responses to the 9/11 terrorist attacks and the ensuing conduct of President Bush's war on terror have thrown American civil liberty rights into disarray. Attorney General Ashcroft and Defense ...
Today's confrontation clause (after Crawford and Melendez-Diaz)
G. Michael Fenner, Today's Confrontation Clause (After Crawford and Melendez-Diaz), 43 Creighton L. Rev. 35 (2009).
Of speech, politics, and circular history
Michael J. Kelly, Of Speech, Politics, and Circular History, 2 J. Nat'l Security L. & Pol'y 195 (2006) (reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime, From the Sedition Act of 1798 to the War on Terrorism (2004)).
Article 9 pacifism clause and Japan's place in the world
Michael J. Kelly, The Article 9 Pacifism Clause and Japan's Place in the World, 25 Wis. Int'l L.J. 491 (2007).
Many argue that the Article 9 pacificim clause in the Japanese constitution is an impediment to Japan assuming its rightful place in the world's current power structure as it unduly restricts the deployment capabilities ...
Intelligent design and presidential power in time of war
G. Michael Fenner, Intelligent Design and Presidential Power in Time of War, Creighton Law., Spring 2006, at 28.
This magazine article discusses the teaching of intelligent design in public schools and the question of presidential power in times of war.
Consequences of refusing consent to a search or seizure: The unfortunate constitutionalization of an evidentiary issue
Kenneth J. Melilli, The Consequences of Refusing Consent to a Search or Seizure: The Unfortunate Constitutionalization of an Evidentiary Issue, 75 S. Cal. L. Rev. 901 (2002).
Article about the consequences of refusing consent to a search or seizure.
Essential irrelevance of the full faith and credit clause to the same-sex marriage debate
Patrick J. Borchers, The Essential Irrelevance of the Full Faith and Credit Clause to the Same-Sex Marriage Debate, 38 Creighton L. Rev. 353 (2005).
Although the Full Faith and Credit Clause is often assumed by the popular press and some legal commentators to impose a mandatory duty on states to recognize same-sex marriages validly celebrated in another state, this ...
Interstate recognition of non-traditional marriages
Patrick J. Borchers, Interstate Recognition of Non-Traditional Marriages, in Marriage and Same-Sex Unions: A Debate 331 (Lynn D. Wardle, Mark Strasser, William C. Duncan & David Orgon Coolidge eds., 2003).
Jones v. Flowers: An essay on a unified theory of procedural due process
Patrick J. Borchers, Jones v. Flowers: An Essay on a Unified Theory of Procedural Due Process, 40 Creighton L. Rev. 343 (2007).
Procedural due process has always been seen as having at least three independent strands. One is the jurisdictional or minimum contacts strand. That strand, derived from the Supreme Court's decision in International Shoe ...