Former Law Faculty Publications

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In 2009, A Century of Creighton University School of Law Faculty Publications, 1904-2004 was published. This digital collection continues that publication for faculty members who have left the Creighton University School of Law since 2004 and who have works that were not included in that publication. It includes the works written while they were affiliated with Creighton and provides electronic copies when available. Books, book chapters, articles, and book reviews are included, as well as continuing legal education and seminar materials (when a paper copy is available). Publications written by current faculty are available on Creighton ResearchWorks.

To view an individual faculty member’s publications, select their name and scroll down for the results.

Andrus, Kay L.
Aronson, Bruce E.
Belian, Julia
Birmingham, Edward J. (Professor Emeritus)
Chiappinelli, Eric A.
Culhane, Marianne B. (Professor Emerita)
Dickhute, Nancy Lawler (Professor Emerita)
Dineen, Kelly K.
Ebner, Noam
Fenner, G. Michael (Professor Emeritus)
Font-Guzman, Jacqueline
Kuttner, Ran
Mack, Raneta Lawson (Professor Emerita)
Mahern, Catherine (Professor Emerita)
Mayer, Bernard S.
Melilli, Kenneth J. (Professor Emeritus)
Mirkay, Nicholas A.
O'Meara, Gregory J., S.J.
Pearlstein, Arthur
Pearson, Eric (Professor Emeritus)
Purcell, Thomas J., III
Shugrue, Richard E. (Professor Emeritus)
Sieberson, Stephen C. (Professor Emeritus)
Strand, Palma J.
Strom, Lyle E.
Van Tassel, Katharine
Volkmer, Ronald R. (Professor Emeritus)
Watts, Sean
White, Michaela M. (Professor Emerita)
Whitten, Ralph U. (Professor Emeritus)
Wiseman, Christine M.


Recent Submissions

Now showing 1 - 5 of 940
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    Interpretation in the Updated GCIII Commentary
    (2020-12-15) Watts, Sean
    The International Committee of the Red Cross (ICRC) Updated Commentary to the Third Geneva Convention is a remarkable feat of scholarship worthy of serious academic attention. It leaves almost no interpretive stone unturned in its effort to identify the humanitarian possibilities of the universally ratified 1949 Geneva Convention Relative to the Treatment of Prisoners of War. But the extent to which it will continue its predecessor’s role as a reliable and practically useful guide for States’ law of war practitioners is in doubt. The same variety of interpretation and extensive incorporation of academic work that will make the Updated Commentary so interesting to scholars also makes it a fraught source for the military, diplomatic, and judicial practitioners called on to implement the Convention consistent with established meaning in the challenging conditions of armed conflict.
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    Nebraska jury instructions: Second edition
    (Thomson Reuters, 2023) Fenner, G. Michael
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    Fifteenth commandment
    (North Dakota State University Press, 2023) Sieberson, Stephen C.
    Set in 1965, Nick Baarda and his friends navigate their final year of high school in a strict Iowa town dominated by the True Church, as they challenge the church's restrictions and pursue their own commandments, while Nick grapples with his feelings for Gloria, the minister's daughter, and ultimately faces a life-altering decision about his future in the town.
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    Judgment: Schloendorff v. Society of New York Hospital
    (2022) Dineen, Kelly K.
    This is a rewritten opinion, in the form of a dissent, of Schloendorff v. New York Society Hospital (1914), which is widely cited for its dicta on the right to bodily autonomy. Using the historical court records and contemporaneous nursing and medical literature, this dissent highlights the subrogation of the female plaintiff's testimony and minimization of the professional role of (female) nurses in the majority opinion in upholding a directed verdict. Mary Schloendorff walked into the Society of New York Hospital (appellee) for stomach upset, agreeing to pay a weekly rate in exchange for care and treatment. She was wheeled out with permanent crippling injuries and infected open wounds, unhealed for two years. These complications followed the surgical removal of her uterus performed outside of the agreement for care, without her consent, and over her repeated objections to both nurses and physicians in the appellee hospital. The majority deviates from its obligations in reviewing a directed verdict, which entitles the appellant to “the most favorable inferences deducible from the evidence, with “all disputed facts to be treated as established in her favor.” McDonald v. Metro. S. R. Co., 60 N.E. 282, 283 (N.Y. 1901); Keller v. Halsey, 95 N.E. 634 (N.Y. 1911)(when evidence is sufficient, the question of credibility of the witnesses is for the jury). Throughout the opinion, testimony is ignored and misstated to provide appellee shelter from liability. Mrs. Schloendorff’s accounts are minimized while the physicians’ is emphasized, despite their testimony consisting mostly of the inability to recall anything, except their certainty that they had not wronged the appellant. Fundamentally, the majority seriously misunderstands the nature of the modern hospital; in particular, their portrayal of nursing is outdated a half a century. Today’s nurses are trained, educated professionals with independent duties and obligations to their patients. As Florence Nightingale said, “what cruel mistakes are made by benevolent men in matters about which they can know nothing and think they know a great deal.” Notes on Nursing: What it is and What it is Not, (D. Appelton and Co. 1860). An accurate accounting of the roles and responsibilities of nurses, as well as and appropriate deference to the appellant in reviewing the evidence leads to the conclusion that a directed verdict was improper; as such, I respectfully dissent.
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    Uncertainty, scarcity and transparency: Public health ethics and risk communication in a pandemic
    (2022-12) Dineen, Kelly K.; Lowe, Abigail E.; Voo, Teck Chuan Voo; Lee, Lisa M.; Feig, Christy; Ferdinand, Alvo O.; Mohapatra, Seema; Brett-Major, David M.; Wynia, Matthew K.
    Communicating public health guidance is key to mitigating risk during disasters and outbreaks, and ethical guidance on communication emphasizes being fully transparent. Yet, communication during the pandemic has sometimes been fraught, due in part to practical and conceptual challenges around being transparent. A particular challenge has arisen when there was both evolving scientific knowledge on COVID-19 and reticence to acknowledge that resource scarcity concerns were influencing public health recommendations. This essay uses the example of communicating public health guidance on masking in the United States to illustrate ethical challenges of developing and conveying public health guidance under twin conditions of uncertainty and resource scarcity. Such situations require balancing two key principles in public health ethics: the precautionary principle and harm reduction. Transparency remains a bedrock value to guide risk communication, but optimizing transparency requires consideration of additional ethical values in developing and implementing risk communication strategies.