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Assumption of Risk and the Automobile Guest: Time to Reevaluate Their Relationship
(Creighton University School of Law, 1980)
INTRODUCTION|In the past two decades many courts have been asked to reexamine the validity and value of the doctrine of assumption of risk. The trend has been to abrogate the defense in negligence actions, particularly ...
Nebraska Farmer and U.C.C. Section 2-201(2): The Merchant Exception to the Statute of Frauds, The
(Creighton University School of Law, 1980)
INTRODUCTION|This statement, made by Bryan at political rallies in Nebraska and throughout the midwest, precursed a legal issue which would eventually divide the courts of our day. The resolution of the question of whether ...
Emasculation of Warrantless Search and Seizure Protections: A Perspective on Nebraska's Fourth Amendment Methodologies, The
(Creighton University School of Law, 1980)
INTRODUCTION|The realm of controversial fourth amendment issues is immense. It appears that the only conclusion that everyone might agree with is that fourth amendment law is in woeful straits. One area in this myriad of ...
Constitutionality of the Random Stop of a Motor Vehicle: A Balance between the Fourth Amendment Rights of the Individual and the Police Powers of the State, The
(Creighton University School of Law, 1980)
INTRODUCTION|Most, if not all states have a motor vehicle code enumerating the licensing, registration, and safety requirements which must be complied with in order for a motor vehicle to be operated on the highways of ...
Torts - Supreme Court Review
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|The Nebraska Supreme Court has held that "an owner of a motor vehicle, who knowingly entrusts it to an under-age, unlicensed minor in violation of statute, is guilty of negligence and liable for damages ...
Property - Supreme Court Review
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|Last term, the supreme court left unclear the issue of a broker's right to a commission by citing, but refusing to apply, prior case law wherein a broker's fees were withheld because the broker breached ...
Workmen's Compensation - Supreme Court Review
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|The Nebraska Supreme Court announced several important decisions relating to workmen's compensation in the past year.|Among the most significant of these decisions was Spiker v. John Day Co. The plaintiff, ...
Taxation - Legislation
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|Although during this past survey period there were no significant supreme court decisions dealing with taxation, the Legislature passed several important bills. Also passed during this past year was an ...
Trusts and Wills - Supreme Court Review
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|Page v. Buchfinck was appealed on the issue of whether the Will of Alven Evans created a precatory trust over personal property devised to his wife. The court rejected arguments for a precatory trust and ...
Schools - Supreme Court Review
(Creighton University School of Law, 1980)
FIRST PARAGRAPH(S)|In School District of Murray v Lancaster, the Supreme Court interpreted for the first time a portion of section 79-4,104 of the Nebraska Revised Statutes. District No. 56, the Murray School District of ...