The Creighton Law Review is a legal journal published by the students of the Creighton University School of Law.

Founded in 1967, the Creighton Law Review published its first edition in the spring of 1968. As then Chief Justice Earl Warren wrote in that first issue, the purpose of a Law Review is to provide a "forum in which able minds subject existing legal principles to critical analysis within the context of changing conditions and in which imaginative alternatives to today's solutions are aired and tested through vigorous informal debate." Most significantly, the journal serves both practical and academic functions. The journal publishes pieces that provide practitioners with informative, well-drafted research. It also creates a forum for scholarly debate and presents an opportunity for students to participate in that debate. As such, this forum is highly structured and demands disciplined, self-critical writing in order to perform these two functions. The mission of the Creighton Law Review is to inform, educate, and serve the legal community, emphasizing the legal issues impacting Nebraska and the Eighth Circuit, and to provide a forum dedicated to the development of academic, research, analytical, and scholarly writing skills among law students.

The Creighton Law Review is published in four annual editions. Each edition is dedicated to specific themes.

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Recent Submissions

  • Fourth Amendment Consent Searches and the Duty of Further Inquiry 

    Hobbie, Norman, Jr. (Creighton Law Review. vol. 54, no. 2, pg. 227-268March 2021)
    ABSTRACT|Consent searches, presently justified on arguably weak grounds, account for nearly ninety percent of all warrantless searches. Though scholars debate whether the Fourth Amendment bars consent searches, the Supreme ...
  • What Is a “Reason to Believe”? Execution of an arrest Warrant at a Suspect’s Residence Should Require Probable Cause 

    Norton, Robert (Creighton Law Review. vol. 54, no. 2, pg. 323-358March 2021)
    INTRODUCTION|First, this Note will discuss the standards of probable cause and reasonable suspicion, highlighting that these standards are distinguishable and probable cause requires additional magisterial findings. ...
  • Medical Parole-Related Petitions in U.S. Courts: Support for Reforming Compassionate Release 

    Cooper, Sarah L.; Bernard, Cory (Creighton Law Review. vol. 54, no. 2, pg. 173-202March 2021)
    INTRODUCTION|Compassionate release procedures typically allow prisoners to seek early release because of serious terminal, non-terminal, and/or age-related health issues. In addition to a federal procedure, nearly every ...
  • Catholic Social Teaching and the Role of the Prosecutor 

    Pohlman, Zachary B. (Creighton Law Review. vol. 54, no. 2, pg. 269-296March 2021)
    INTRODUCTION|Prosecutors wield a tremendous amount of power. As the community’s chief law enforcement officials, their investigatory, charging, and trial decisions have a direct impact on the liberty of the criminal defendant ...
  • Extralegal Influences on Juror Decision Making in Suits Against Firearm Manufacturers 

    Harp, Nathan D. (Creighton Law Review. vol. 54, no. 2, pg. 297-322March 2021)
    INTRODUCTION|On December 14, 2012, twenty-year-old Adam Lanza entered the Sandy Hook Elementary School in Newtown, Connecticut, and gunned down twenty young children and six adults. Lanza was armed with three guns during ...
  • Federal-State Programs and State—Or Is It Federal?--Action 

    Rosman, Michael E. (Creighton Law Review. vol. 54, no. 2, pg. 203-226March 2021)
    INTRODUCTION|Part I of this Article lays out general principles of “state action” in instances where a private person or entity is said to have acted under color of state (or federal) authority. Part II identifies various ...
  • A Tribute to Professor Ken Melilli 

    Borchers, Patrick J. (Creighton Law Review. vol. 54, no. 2, pg. i-iiMarch 2021)
  • Creighton Law Review Full Issue - Volume 54 Number 2 

    Unknown author (Creighton Law Review. vol. 54, no. 2, pg. 173-358March 2021)
  • Con or Constitutional: An Analysis of the "Net Worth" Wealth Tax 

    Fletcher, Brian (Creighton Law Review. vol. 54, no. 1, pg. 87-106December 2020)
    ABSTRACT|This Article is an in-depth analysis of the wealth tax proposals presented by former presidential candidates Bernie Sanders and Elizabeth Warren to determine if their proposals could be considered constitutional. ...
  • But What If Big Brother's Surveillance Saves Lives?--Comparative Digital Privacy in the Time of Coronavirus 

    Xu, April Xiaoyi (Creighton Law Review. vol. 54, no. 1, pg. 147-172December 2020)
    INTRODUCTION|By April 2020, a significant portion of students from across the globe were taking classes online instead of learning with their friends at school. Most working-age adults found themselves at home, many ...
  • Ensuring Proper Notice: Clearing the Fog Surrounding Virtual Patent Marking 

    Sowers, Dane D. (Creighton Law Review. vol. 54, no. 1, pg. 107-146December 2020)
    INTRODUCTION|Consider an everyday product many consumers use with little, if any, thought regarding the packaging: a ketchup packet. On the lid of the packet, in small print, Heinz has printed the words “U.S. Pat. Nos. ...
  • Our Conflicting Liberty Heritage from England and France 

    Hart, James (Creighton Law Review. vol. 54, no. 1, pg. 19-40December 2020)
    INTRODUCTION|The original tension of the United States of America is that it was formed based on the highly conservative nature of the English Common Law, made manifest in the Constitution of the United States, but also ...
  • A Tribute to Professor Michael G. Fenner 

    Thomas, Clarence, Justice (Creighton Law Review. vol. 54, no. 1December 2020)
  • Creighton Law Review Full Issue - Volume 54 Number 1 

    Unknown author (Creighton Law Review. vol. 54, no. 1, pg. 1-172December 2020)
  • Casting a Broad Net: The Federal Communication Commission's Preemption of State Broadband Internet Regulation 

    Brown, Jonathan B. (Creighton Law Review. vol. 54, no. 1, pg. 41-86December 2020)
    INTRODUCTION|As a comparatively modern innovation, the internet has become fundamental in our personal and professional lives. With increasing frequency we are introduced to new innovations in internet-based technologies ...
  • The Alford Plea Turns Fifty: Why It Deserves Another Fifty Years 

    Conklin, Michael (Creighton Law Review. vol. 54, no. 1, pg. 1-18December 2020)
    INTRODUCTION|Fifty years ago, in North Carolina v. Alford, the United States Supreme Court ruled that it does not violate due process for a judge to accept a guilty plea from a defendant who maintains his innocence. Alford ...
  • Estate Planning Choice of Wealth Management Entity: The Limited Partnership as an Alternative to the Trust 

    Gagliardi, Elaine Hightower (Creighton Law Review. vol. 53, no. 4, pg. 695-279September 2020)
    INTRODUCTION|This Article takes a closer look at the limited partnership as an alternative to the trust. After summarizing the shift in client perspective and objectives in part two, this Article analyzes specific ...
  • Cognitive Competence and Decision-making Capacity 

    Boron, Julie Blaskewicz (Creighton Law Review. vol. 53, no. 4, pg. 659-667September 2020)
    INTRODUCTION|This essay is based upon a panel discussion at the 2020 Creighton Law Review Symposium and Tepoel Lecture entitled The 21st Century Trust: Evolution, Innovation, Adaptation. As the population of the United ...
  • Christian Purpose Trusts 

    Simmons, Thomas E. (Creighton Law Review. vol. 53, no. 4, pg. 643-657September 2020)
    INTRODUCTION|This Article contextualizes noncharitable purpose trusts, outlines and critiques the Uniform Trust Code provisions governing purpose trusts, and proposes a corporate purpose trust format which preserves a ...
  • Twenty-First Century Trusts and Ethics: Estate Planning for Couples 

    Spivack, Carla (Creighton Law Review. vol. 53, no. 4, pg. 683-694September 2020)
    INTRODUCTION|Representing spouses jointly may seem natural to estate planning attorneys. Most casebooks discuss the ethics of joint representation as if it were the default for this type of practice. The American College ...

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