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Now showing items 21-30 of 87
Employment Discrimination - Setser v. Novack Investment Co.: Section 1961 Challenges to Affirmative Action Programs
(Creighton University School of Law, 1982)
INTRODUCTION|Setser v. Novack Investment Co. was a significant employment discrimination case decided by the Eighth Circuit. Setser, a reverse discrimination case, arose in the unusual context of a section 1981 challenge ...
Securities
(Creighton University School of Law, 1982)
FIRST PARAGRAPH(S)|The Eighth Circuit decided two cases of special importance to attorneys during the survey period. In Stokes v. Lokken, the Eighth Circuit held that an attorney could not be held liable as an aider and ...
Education - Springdale School District No. 50 v. Grace: Appropriate Education under the Education for All Handicapped Children Act
(Creighton University School of Law, 1982)
INTRODUCTION|In Springdale School District No. 50 v. Grace, the Eighth Circuit established the "appropriate education" requirement under the Education for All Handicapped Children Act of 1975 as it applied to a profoundly ...
Criminal Law - Casbah, Inc. v. Thone: The Nebraska Drug Paraphernalia Act
(Creighton University School of Law, 1982)
INTRODUCTION|In 1981, the Eighth Circuit upheld the constitutionality of Nebraska's drug paraphernalia law in Casbak, Inc. v. Thone. The paraphernalia law, fashioned after the Model Drug Paraphernalia Act, was designed to ...
Labor Law
(Creighton University School of Law, 1982)
INTRODUCTION|The Eighth Circuit decided significant cases in three diverse areas of labor law. The first section of this article examines the process of determining the appropriate wage rate at which backpay should be set ...
Evidence: United States v. Burkhead: Motions in Limine under Rule 609
(Creighton University School of Law, 1982)
INTRODUCTION|In United States v. Burkhead, the Eighth Circuit decided the propriety of a lower court's refusal to rule on a motion in limine under Federal Rule of Evidence 609(a) (1). The motion requested that the defendant's ...
Criminal Procedure (Part II) - Hunt v. Roth: The Constitutionality of Nebraska's Denial of Bail to Sexual Offenders
(Creighton University School of Law, 1982)
INTRODUCTION|During the survey period, the Eighth Circuit decided in Hunt v. Roth that the Nebraska constitutional provision denying bail to persons accused of first-degree sexual assault was unconstitutional in light of ...
Constitutional Law - Minnesota v. Block: Congress' Expansive Power to Regulate under the Property Clause
(Creighton University School of Law, 1982)
INTRODUCTION|The Boundary Waters Canoe Area Wilderness Act of 1978 (BWCAW Act) has sparked controversy over the extent to which Congress can regulate activities on nonfederal property, and at what point such regulation ...
Exclusive Reliance on Best Interest May Be Unconstitutional: Religion as a Factor in Child Custody Cases
(Creighton University School of Law, 1982)
INTRODUCTION|Child custody law has evolved from a rule of patriapotestas which vested near absolute authority over the custody and control of children in the father, to a best interests rule defended primarily by the power ...
Right to a Speedy Trial in Nebraska, The
(Creighton University School of Law, 1982)
INTRODUCTION|The right to a speedy trial is at once guaranteed by the federal and the state constitutions, and by statute and case law. Until modern times, the right was virtually ignored by the Supreme Court. It was ...