Search
Now showing items 1-10 of 65
Our Conflicting Liberty Heritage from England and France
(Creighton University School of Law, 2020)
INTRODUCTION|The original tension of the United States of America is that it was formed based on the highly conservative nature of the English Common Law, made manifest in the Constitution of the United States, but also ...
Con or Constitutional: An Analysis of the "Net Worth" Wealth Tax
(Creighton University School of Law, 2020)
ABSTRACT|This Article is an in-depth analysis of the wealth tax proposals presented by former presidential candidates Bernie Sanders and Elizabeth Warren to determine if their proposals could be considered constitutional. ...
A Tribute to Professor Michael G. Fenner
(Creighton University School of Law, 2020)
Three-Parent Babies and FDA Jurisdiction: The Case for Regulating Three-Party In Vitro Fertilization as a Drug and Biologic
(Creighton University School of Law, 2020)
INTRODUCTION|This Note argues the courts should, and likely will, uphold the FDA’s jurisdiction over three-party IVF. Section II provides a brief overview of three key areas: (1) the basics of three-party IVF, (2) the FDA’s ...
Nebraska choice of law: An updated synthesis
(2020)
In 2005, I wrote an article in this Review endeavoring to condense Nebraska choice-of-law principles into black-letter, Restatement-like rules. My purpose in doing so was to help busy judges and lawyers who generally lack ...
This, I believe: A new look at corporate purpose, director primacy and the business judgment rule
(2020)
This short essay provides some explanation and context built around a simple statement regarding corporate (or entity) purpose and how to balance the shareholder wealth maximization norm with broad director discretion. ...
Cognitive Competence and Decision-making Capacity
(Creighton University School of Law, 2020)
INTRODUCTION|This essay is based upon a panel discussion at the 2020 Creighton Law Review Symposium and Tepoel Lecture entitled The 21st Century Trust: Evolution, Innovation, Adaptation. As the population of the United ...
Confining Custody
(Creighton University School of Law, 2020)
INTRODUCTION|When a prisoner petitions for a writ of habeas corpus (“writ”) under the federal habeas corpus statute, a federal court must determine whether the individual is being held “in custody in violation of the ...
Criminal procedure: Cases, readings, and comparative perspectives
(2021)
Criminal Procedure: Cases, Readings, and Comparative Perspectives focuses on the essentials of criminal procedure law as it arises under the Fourth, Fifth, and Sixth Amendments to the United States Constitution. The casebook ...