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Don't Take Your Guns to School (in Nebraska): Assessing the Constitutionality of the Private Universities Exemption from the Concealed Handgun Permit Act
(Creighton University School of Law, 2014)
INTRODUCTION|From the time the United States Supreme Court held that the Second Amendment guarantees of liberty applied equally to both state and federal regulations in McDonald v. City of Chicago, courts around the country ...
For the Sake of Public Policy: Plea Bargaining Demands Sixth Amendment Protection Due to Its Prevalence and Necessity in the Judicial System
(Creighton University School of Law, 2015)
INTRODUCTION|Ninety-seven percent of federal cases are settled by the plea bargaining process. Ninety-four percent of state cases are settled by the plea bargaining process. While the importance of plea bargaining and its ...
Evaluating the Relationship Between Independent Insurance Adjusters and Insureds: The Case Against Imposing an Indpendent Duty of Care
(Creighton University School of Law, 2015)
INTRODUCTION|Recently, insurance adjusters have come into the crosshairs of claimants who argue that insurance adjusters should owe independent duties to policyholders/insureds and should be held liable to policyholders/insureds ...
The Old Bait and Switch: The Fourth Circuit Declined to Vacate a Remand Order as a Sanction Under Rule 60(B)(3) in Barlow v. Colgate Palmolive Co.
(Creighton University School of Law, 2014)
INTRODUCTION|In Barlow v. Colgate Palmolive Co., the United States Court of Appeals for the Fourth Circuit determined that a lack of diversity jurisdiction prevented the court from reviewing a remand order on appeal. The ...
When a Volunteer Becomes an Employee: The Fifth Circuit Incorrectly Determined that a Volunteer Is Not an Employee Within the Standards of Title VII
(Creighton University School of Law, 2015)
INTRODUCTION|Title VII of the Civil Rights Act of 1964 ("Title VII") prohibited hiring discrimination based on color, religion, sex, race, or national origin. For an employer to be subject to the standards of Title VII, ...
Divided Nation, Split Circuits: Keller v. City of Fremont Divides Circuits Regarding Preemption and Convolutes Immigraton Law
(Creighton University School of Law, 2015)
INTRODUCTION|Immigration regulation is a polarizing topic for lawmakers in the United States. This issue is further exacerbated by the complexity of immigration law. Proponents of state and local immigration regulations ...
Why Income and Wealth Equality Cannot End Wage Stagation
(Creighton University School of Law, 2014)
INTRODUCTION|It is a great honor and privilege for me to return to Creighton Law School. I was last here in 1979 when I talked about automobile no fault insurance, a lecture that formed the basis of my 1980 article for the ...
Default Localism, Or: How Many Laboratories Does It Take to Make a Movement?
(Creighton University School of Law, 2015)
FIRST PARAGRAPH(S)|The first major housing legislation in the United States, the United States Housing Act of 1937, part of the New Deal, was intended to remedy a severe housing shortage, particularly for the urban poor. ...
Sixty Shades of Terror Plots: Locating the Actus Reus and the Hypothetical Line for Entrapment
(Creighton University School of Law, 2015)
FIRST PARAGRAPH(S)|The perception of peril from terrorism has enculturated American society and has created standard protocol responses that can beget tragedy. On October 3, 2013, a driver did not halt after officer demand ...
New Age Tracking Technologies in the Post-United States v. Jones Environment: The Need for Model Legislation
(Creighton University School of Law, 2015)
INTRODUCTION|In United States v. Jones, the United States Supreme Court held that the government conducts an unlawful search under the Fourth Amendment when, without a warrant, it attaches a Global Positioning System ("GPS") ...