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Constitutional Law - Judicial Restraint of the Press
(Creighton University School of Law, 1976)
INTRODUCTION|In the near future the United States Supreme Court will seek to resolve an apparent conflict between the first amendment guarantee of a free press and the constitutional right to a fair trial in review of ...
Constitutional Law - Equal Protection - Major Crimes Act, 18 U.S.C. 1153, Which Subjects Indian Convicted of Certain Offenses to Greater Sentence Than Non-Indian Convicted for Same Offense, Violates Equal Protection Principles Inherent in Fifth Amendment Due Process Clause
(Creighton University School of Law, 1976)
INTRODUCTION|A member of an Indian tribe committing an aggravated assault while on an Indian reservation in South Dakota is subject to a maximum sentence ten times greater than a non-Indian prosecuted for an offense identical ...
Securities - Accountant's Liability - United States Supreme Court Holds Accountant Not Liable under Rule 10b-5 Unless Defendant Intended to Deceive, Manipulate or Defraud Investor
(Creighton University School of Law, 1976)
FIRST PARAGRAPH(S)|Leston B. Nay, president and 92 percent shareholder of the First Securities Company of Chicago, revealed in a suicide note that for approximately 26 years prior to his death he had perpetrated a fraud ...
Title VII - Religious Discrimination - Employer's Duty to Reasonably Accommodate Employee's Religious Practices
(Creighton University School of Law, 1976)
INTRODUCTION|Larry G. Hardison, a member of the Worldwide Church of God, was an employee of Trans World Airlines. Hardison's religion requires that its members refrain from work on its Sabbath, observed each week from ...
Criminal Law - Tax Fraud - Second Circuit Court of Appeals Holds Accountant's Workpapers Not Protected by Taxpayer's Fifth Amendment Privilege
(Creighton University School of Law, 1976)
INTRODUCTION|Taxpayers facing criminal charges have frequently relied upon their fifth amendment privilege against self-incrimination in an attempt to suppress evidence in prosecutions for federal income tax fraud. The ...
Judgments - Attachments and Garnishments - U.S. District Court of Arizona Finds Garnishment Restrictions in Title III of Consumer Credit Protection Act Inapplicable to Wages Deposited in Bank Account
(Creighton University School of Law, 1976)
INTRODUCTION|In 1968, pursuant to the bankruptcy and commerce powers, Congress passed Title III of the Consumer Credit Protection Act (C.C.P.A.) . The general purpose of that act was to exempt from garnishment seventy-five ...
Nebraska Borrowing Statute: A History and Translation, The
(Creighton University School of Law, 1976)
INTRODUCTION|Despite academic criticism, American case law retains the rule that questions of limitations are questions of procedure. Nebraska is no exception. However, while the cases recite this doctrine, the controlling ...
Zoning Law - Growth Controls - Ninth Circuit Denies Construction Industry and Landowners Standing to Assert Municipality's Growth Control Plan as Infringement of Third Parties Right to Travel
(Creighton University School of Law, 1976)
INTRODUCTION|The United States Court of Appeals for the Ninth Circuit recently reaffirmed the legitimacy of a municipality's zoning regulation which provided for an orderly pace and pattern of its urban growth. In Construction ...
Errata
(Creighton University School of Law, 1976)
Partnership Interests as Securities: An Alice in Wonderland Tour
(Creighton University School of Law, 1976)
INTRODUCTION|Every sale of a security which takes place in Nebraska must be registered under the Securities Act of Nebraska, unless an exemption from registration is available. There is, for example, a limited exemption ...