Now showing items 1-10 of 116
Competency and Examination of Witnesses under Article VI of the Federal Rules of Evidence and the Nebraska Evidence Rules
(Creighton University School of Law, 1976)
INTRODUCTION|The Nebraska Unicameral has recently enacted a set of evidence rules which are closely patterned after the also recently enacted Federal Rules of Evidence. Each set of rules, federal and Nebraska, represents ...
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 ...
Today's Confrontation Clause (After Crawford and Melendez-Diaz)
(Creighton University School of Law, 2010)
INTRODUCTION|In the Sixth Amendment to the United States Constitution, the Confrontation Clause states that, "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against ...
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 ...
About Present Cash Value
(Creighton University School of Law, 1985)
INTRODUCTION|The major goal behind awarding damages in a personal injury action is to compensate a plaintiff for his or her actual loss. With that goal in mind, consider the problems presented by an award for damages to ...
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 ...
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 ...