Browsing School of Law by Title
Now showing items 4149-4163 of 4163
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Year and a Day Rule: Has Its Time Run Out, The
(Creighton University School of Law. Omaha, Nebraska, 1979)INTRODUCTION|On September 21, 1978, a lone sniper perched atop a vacant building in a large eastern city fires at an unsuspecting passerby. The pedestrian is paralyzed by a bullet which passes within an inch of his spinal ... -
You Cannot Hide behind Religion in Copyright Law: The Ninth Circuit Correctly Rejected a Religious Extension to the Fair use Defense in Worldwide Church of God v. Philadelphia Church of God, Inc.
(Creighton University School of Law. Omaha, Nebraska, 2002)INTRODUCTION|Article I, Section 8, of the Constitution provides that Congress has the power to promote science and the arts by giving inventors and authors exclusive rights to their respective works for limited times. ... -
You Might Have The Right To Remain Silent: An Erosion Of The Fifth Amendment With The Use Of Pre-Arrest Silence
(Creighton University School of Law. Omaha, Nebraska, 2016)INTRODUCTION|You have the right to remain silent. Anything you say- and, in some states, anything you do not say- can and will be used against you in a court of law. Although the United States Supreme Court has clearly ... -
You Never Call Me Anymore: Bartnicki v. Vopper and the Supreme Court's Abridgement of the Right of Privacy in Favor of the First Amendment Right of a Free Press
(Creighton University School of Law. Omaha, Nebraska, 2002)INTRODUCTION|More than one hundred years ago, Samuel Warren and Louis Brandeis first articulated the legal hypothesis that an individual has a right to be free from public exposure of private information about his or her ... -
You Want Me To Do What - Where - Urinalysis Drug Testing in the Eighth Circuit
(Creighton University School of Law. Omaha, Nebraska, 1987)INTRODUCTION|In response to the potential costs associated with drug use by employees, both public and private employers have initiated many forms of drug-testing programs in an attempt to identify and confront the growing ... -
You Want Me to Do What? The Dilemma of Trying to Interpret and Follow Appellate Precedent
(Creighton University School of Law. Omaha, Nebraska, 2018)INTRODUCTION|Almost 20 years ago, as a relatively new bankruptcy judge, I posted a series of brief writing tips to the Court’s web site. When it came to case citation, this is what I wrote: Know the facts of the cases you ... -
You've got agreement: Negoti@ting via email
(DRI Press. Saint Paul, MN, 2009)Astonishing amounts of negotiation are now conducted by e-mail - often with scant regard for underlying strategy, or even common courtesy. The authors unpack why this happens, and propose methods that will better prepare ... -
Your Spleen Is Not Worth What It Used to Be: Moore v. Regents of UCLA
(Creighton University School of Law. Omaha, Nebraska, 1991)INTRODUCTION|Until recently, severed tissue had no market value. Cells, tissues, and body parts from live patients were either used for dissection or simply discarded. But as the field of biotechnology has broadened, the ... -
Zealous Officers and Neutral Magistrates: The Rhetoric of the Fourth Amendment
(Creighton University School of Law. Omaha, Nebraska, 2010)INTRODUCTION|Words matter. Language influences how we view legal issues. Through word choices, courts attempt to shape our approaches to legal problems.|With respect to the Fourth Amendment, language certainly matters. ... -
Zion in the courts: A legal history of the Church of Jesus Christ of Latter-Day Saints
(University of Illinois Press. Urbana, IL, 1988) -
Zombie mortgages, real estate, and the fallout for the survivors
(2014)Part I of this Article briefly explains the context and scope of the problem of zombie mortgages -- mortgages that are in default but for which the lender refuses or fails to foreclose. Zombie mortgages saddle the record ... -
Zoning Law - Growth Controls - Ninth Circuit Denies Construction Industry and Landowners Standing to Assert Municipality's Growth Control Plan as Infringement of Third Parties Right to Travel
(Creighton University School of Law. Omaha, Nebraska, 1976)INTRODUCTION|The United States Court of Appeals for the Ninth Circuit recently reaffirmed the legitimacy of a municipality's zoning regulation which provided for an orderly pace and pattern of its urban growth. In Construction ... -
Zoning: A New Look
(Creighton University School of Law. Omaha, Nebraska, 1978)INTRODUCTION|Zoning is one of the most difficult subjects in modern law for several reasons. First, each tract of land is legally unique in that each house or lot differs in some way from every other house or lot. As will ... -
Zoucha v. Touch of Class Lounge: The Supreme Court of Nebraska Distorted Provisions of the Nebraska Workers' Compensation Act and Misapplied the Parking Lot Rule
(Creighton University School of Law. Omaha, Nebraska, 2006)INTRODUCTION|Workers' compensation provides the sole remedy against an employer for an employee injury arising out of and in the course of employment. Under Nebraska's Workers' Compensation Act (the "Act"), a claimant must ...