Now showing items 1-10 of 112
Same-sex marriage, conscientious objection and an ambushed Pope
This article is about the United States Supreme Court decision of Obergefell v. Hodges, and the swing vote provided by Justice Anthony Kennedy. It also addresses the legal issues surrounding the conscientious objection by ...
Presumptions: 350 Years of Confusion and It Has Come to This
(Creighton University School of Law, 1992)
INTRODUCTION|Here is the bottom line on presumptions. They are inextricably confused devices used to move burdens from one party to another and to allow judges to comment on the value of evidence. The burden of production ...
Three Perspectives of the Law: Advice to the Young Lawyer
(Creighton University School of Law, 1998)
INTRODUCTION|In a recent issue, the National Law Journal profiled two judicial opinions as significant. In the first, the Eighth Circuit Court of Appeals affirmed a search and seizure case out of the Western District of ...
Privileges, Hearsay, and Other Matters
(Creighton University School of Law, 1997)
FIRST PARAGRAPH(S)|Let me start this update of the past year's activity in the law of Evidence, in the United States Court of Appeals for the Eighth Circuit and the United States Supreme Court, with the topic of privileges. ...
Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert
(Creighton University School of Law, 1995)
FIRST PARAGRAPH(S)|A(1). Timely Objection; Rule 103: United States v. Zerba. Black-Letter Law: (1) An objection after the question has been answered is not a timely objection. (2) Absent plain error, an untimely objection ...
Residual Exception to the Hearsay Rule: The Complete Treatment, The
(Creighton University School of Law, 2000)
INTRODUCTION|The hearsay rule excludes from evidence a kind of information that we all use all of the time in our every day lives: second-hand information. The rule expresses a judicial preference for first-hand knowledge. ...
Creighton Lawyer Fall 2016
Daubert Handbook: The Case, Its Essential Dilemma, and Its Progeny, The
(Creighton University School of Law, 1996)
INTRODUCTION|This Article is about Daubert v. Merrell Dow Pharmaceuticals, Inc. It is not about whether Daubert is a good decision or whether it is a bad decision, although, in my view, Daubert is a pretty good decision ...
About Presumptions in Civil Actions
(Creighton University School of Law, 1984)
INTRODUCTION|The Nebraska legislature has said that in civil cases presumptions shift the burden of persuasion. The Nebraska Supreme Court regularly says that certain presumptions disappear from the case once contrary ...
Media Libel: Federal and Nebraska Law
(Creighton University School of Law, 1979)
INTRODUCTION|Insofar as media defendants are concerned, there are two kinds of potentially libelous statements. Distinguished by the status of their subject, the two kinds of statements are, first, those relating to the ...