Current Law Faculty Publications

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This collection is no longer being updated. Publications written by current faculty are now available on Creighton ResearchWorks. This digital collection is a compilation of the scholarship of the current Creighton University School of Law faculty while they have been affiliated with the School of Law. Full text is provided when available. Publications of former faculty, including A Century of Creighton University School of Law Faculty Publications, 1904-2004 and former faculty who have left the School of Law or retired since 2004 are also available in the Creighton Digital Repository.

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

Anderson, Terry M.
Borchers, Patrick J.
Brooks, Catherine M.
Coté, Kristy
Dallon, Craig W.
Fershee, Joshua P.
Fershee, Kendra Huard
Fox, Irina
Goedken, Rachel J.
Haneman, Victoria J.
Johnson, Troy C.
Kelly, Michael J.
Knoepfler, Carol C.
Mangrum, Richard Collin
McGreal, Paul E.
Morse, Edward A.
Neumeister, Kent J.
Real, Daniel L.
Suder, Joy M.
Teply, Larry L.
Uchimiya, Diane
Weber, David P.

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Recent Submissions

Now showing 1 - 5 of 847
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    Comment on the proposed revision of federal rule of evidence 702: "Clarifying" the court's gatekeeping responsibility over expert testimony
    (2022-12) Mangrum, Richard Collin
    Expert testimony has always presented the courts with an analytical dilemma. On the one hand, jurors may benefit from the insight of experts in understanding complex issues. On the other hand, jurors have limited capacity to evaluate whether expert testimony is “reliable” even aided by the crucibles of cross-examination, rebuttal expert testimony, and closing arguments. One procedural way to handle expert “overstatements” is for the court to have a strong “gatekeeping” responsibility for excluding from the jury unreliable expert opinions. Crafting an evidentiary rule that will effectively exclude unreliable expert opinions without depriving the jury of reliable opinions has proven challenging. The Federal Rules Advisory Committee recently proposed a revision to Federal Rule of Evidence 702 (“Rule 702”). Revised Rule 702 clarifies, not changes, the “gatekeeping” responsibility of the judge over unreliable expert opinions.
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    Nebraska appellate practice and procedure
    (Thomson Reuters, 2022) Real, Daniel L.
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    Digital assets in decedents’ estates: Overview and analysis
    (Nebraska State Bar Association, 2022-03-18) Morse, Edward A.
    Digital assets encompass a broad range of electronic files, images, accounts, and information. Some have limited monetary value, but they may require preservation because of sentimental value to family members or loved ones. Conversely, these assets might also require protection from disclosure due to privacy or other concerns. Other digital assets, including comparatively novel ones such as cryptocurrencies or NFTs, have potentially significant monetary value that needs to be secured and transferred.
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    Survey of tax issues surrounding death of a farm business owner
    (Creighton University School of Law, 2022-09-30) Morse, Edward A.
    Among the many problems created by death of a farm business owner, tax consequences may not rank at the top of the list, but they are nevertheless important. This outline focuses on fundamental income tax issues and related planning considerations, including effects on tax attributes (including basis), income in respect of a decedent, income effects on ownership transfers involving entities, and tax elections.