Now showing items 1-10 of 40
Inappropriate imposition of court-ordered mediation in will contests
Victoria J. Haneman, The Inappropriate Imposition of Court-Ordered Mediation in Will Contests, 59 Clev. St. L. Rev. 513 (2011).
Following the successful implementation of court-ordered mediation programs in divorce and family law cases, similar programs are being adopted to mandate the use of mediation in other areas of litigation. Complex emotional ...
Changing the estate planning malpractice landscape: Applying the constructive trust to cure testamentary mistake
Victoria J. Haneman, Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake, 80 UMKC L. Rev. 91 (2011).
A statistical compilation of malpractice claims released by the American Bar Association in 2008 demonstrates that estate planning cases constitute almost 10% of all actions filed. An estate planning client is uniquely ...
Mangrum on Nebraska evidence
R. Collin Mangrum, Mangrum on Nebraska Evidence (2011 ed. 2011).
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Irina Fox, “Reasonably Equivalent Value” in § 548 Avoidance Actions: An Analytical Framework Post-In re TOUSA, Inc., 20 Norton J. Bankr. L. & Prac. 469 (2011).
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Magic of the mortgage electronic registration system: It is and it isn't
David P. Weber, The Magic of the Mortgage Electronic Registration System: It Is and It Isn't, 85 Am. Bankr. L.J. 239 (2011).
This essay critically examines MERS' structure which incorporates principles of dubious legality such as a theory of common agency as well as a duality of roles held by MERS. The article examines many recent decisions in ...
Mediation in bankruptcy
Michaela White & Kristen Blankley, Mediation in Bankruptcy, in Advanced Bankruptcy Practice (Neb. Continuing Legal Educ. ed., 2011).
Two lawyers, one client -- Ethical considerations for attorneys
Stephen C. Sieberson, Two Lawyers, One Client -- Ethical Considerations for Attorneys, in Fifth Annual Seminar on Ethics and Professionalism (Omaha Bar Ass'n ed., 2011).
Let only millionaires vote
Stephen C. Sieberson, Op-Ed., Let Only Millionaires Vote, Omaha World-Herald, Oct. 17, 2011, at 5B.
Satirical editorial in the Omaha World Herald, proposing that voting rights be limited to millionaires.
Judicial independence and retention votes
John Irwin & Daniel L. Real, Judicial Independence and Retention Votes, Neb. Law., Jan. 2011, at 5.
This is a Nebraska Lawyer magazine article reprinting the prior Court Review magazine article by this author. The article concerns thoughts about improving judicial independence by taking steps to improve judicial retention ...
Anti-bootlegging provisions: Congressional power and constitutional limitations
Craig W. Dallon, The Anti-Bootlegging Provisions: Congressional Power and Constitutional Limitations, 13 Vand. J. Ent. & Tech. L. 255 (2011).
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...