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Rejection of the New Property Right Theory as Viewed through the Rear Window: Stewart v. Abend
(Creighton University School of Law, 1991)
INTRODUCTION|American copyright law espouses the goal of promoting the public good by encouraging creativity and productivity on the part of authors. This goal is accomplished through the statutory grant of rights to authors ...
Antitrust Analysis in Uncertain Times: FTC v. Superior Court Trial Lawyers Association
(Creighton University School of Law, 1991)
INTRODUCTION|United States antitrust laws exist to preserve competition and prevent monopoly. The intent of Congress in this area has always been to allow competition to regulate and stimulate the United States economy. ...
Free Exercise - Or the Lack Thereof - Employment Division v. Smith
(Creighton University School of Law, 1991)
INTRODUCTION|Although the first amendment to the United States Constitution provides that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof," the United States ...
Impartiality Requirement of the Sixth Amendment and Peremptory Challenges: Holland v. Illinois, The
(Creighton University School of Law, 1991)
INTRODUCTION|The United States Constitution guarantees a criminal defendant the right to trial by an impartial jury. In Holland v. Illinois, the United States Supreme Court distinguished between the idea of a representative ...
Courtroom or Soapbox - Observations on the Role of Law in Vindicating Reputation
(Creighton University School of Law, 1991)
INTRODUCTION|The restoration of a damaged reputation may be of greater importance to the person who has been defamed than the recovery of damages. The immediate objective of many, if not most, defamation plaintiffs is not ...
Judicially Imposed Taxation and Desegregation: Missouri v. Jenkins
(Creighton University School of Law, 1991)
INTRODUCTION|The federal judiciary has traditionally stated that the federal courts have no power to levy taxes. But recent federal court opinions suggest that this is no longer true. Justice Harlan F. Stone has said the ...
Firther Step toward a New Exemption 7 of the Freedom of Information Act: John Doe Agency v. John Doe Corp., A
(Creighton University School of Law, 1991)
INTRODUCTION|Congress passed the Freedom of Information Act ("FOIA" or "Act") in 1966 to allow the public greater access to governmental information. Despite the broad disclosure policy of the Act, Congress delineated nine ...
Uncertain Attorney-Client Privilege Provides No Assurance: The IRS Form 8300 Dilemma in United States v. Sindel
(Creighton University School of Law, 1996)
INTRODUCTION|Title 26 United States Code section 60501 ("Section 60501") requires any person in a trade or business to report cash receipts of more than $10,000 on Internal Revenue Service ("IRS") Form 8300. Form 8300 has ...
Up Close and Personal: A Close-Up Look at Personal Jurisdiction
(Creighton University School of Law, 1996)
INTRODUCTION|There is a perception that the law of personal jurisdiction is unclear. This Article will examine the accuracy of that perception based on United States Supreme Court cases beginning with the landmark case of ...
Roman Candles and Bottle Rockets: The Eighth Circuit Blows up the Stream of Commerce Plus Analysis in Barone v. Rich Bros. Interstate Display Fireworks, Inc.
(Creighton University School of Law, 1996)
INTRODUCTION|The Due Process Clause of the Fourteenth Amendment to the United States Constitution limits a state court's ability to obtain a binding judgment over a nonresident defendant. Over the years, the United States ...