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.

Anderson, Terry M.
Birmingham, Edward J.
Borchers, Patrick J.
Brooks, Catherine M.
Coté, Kristy
Dallon, Craig W.
Dineen, Kelly K.
Fershee, Joshua P.
Fershee, Kendra Huard
Fox, Irina
Goedken, Rachel J.
Haneman, Victoria J.
Johnson, Troy C.
Kelly, Michael J.
Knoepfler, Carol C.
Mack, Raneta Lawson
Mangrum, Richard Collin
McGreal, Paul E.
Morse, Edward A.
Neumeister, Kent J.
Real, Daniel L.
Sieberson, Stephen C.
Teply, Larry L.
Uchimiya, Diane
Watts, Sean
Weber, David P.
White, Michaela M.

Recent Submissions

  • Kiobel's "Touch and concern" text in the Eleventh Circuit (and elsewhere) and a new paradigm for the extraterritorial application of U.S. law 

    Patrick J. Borchers, Kiobel’s “Touch and concern” Text in the Eleventh Circuit (and Elsewhere) and a New Paradigm for the Extraterritorial Application of U.S. Law, 50 CUMB. L. REV. 259 (2020).
    The Supreme Court's jurisprudence on so-called "extraterritorial" application of federal statutes has long suffered from deep incoherence. Specifically, it is not clear what it means for a statute to be applied extrater ...
  • Important developments in federal income taxation 

    Edward A. Morse, Important Developments in Federal Income Taxation, in GREAT PLAINS FEDERAL TAX INSTITUTE (2020).
    This outline covers significant developments in federal income taxation arising during the past year. It offers a selective treatment focusing on items likely to interest practitioners and advisors within a broad range of ...
  • On corporate purpose, director primacy, and the business judgment rule 

    Joshua Fershée, On Corporate Purpose, Director Primacy, and the Business Judgment Rule, THE CLS BLUE LION SKY BLOG (Dec. 4, 2020),
  • An overview of corporate Compliance and ethics programs 

    Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in ADVANCED COMPLIANCE AND ETHICS WORKSHOP 223 (Practising Law Inst. ed., 2020).
  • Professional decision-making in medicine: Development of a new measure and preliminary evidence of validity 

    Alison L. Antes, Kelly K. Dineen, Erin Bakanas, Tyler Zahrli, Jason D. Keune, Matthew J. Schuelke, & James M. DuBois, Professional Decision-Making in Medicine: Development of a New Measure and Preliminary Evidence of Validity, 15 PLOS ONE (Feb. 24, 2020),
    This study developed a new Professional Decision-Making in Medicine Measure that assesses the use of effective decision-making strategies: seek help, manage emotions, recognize consequences and rules, and test assumptions ...
  • Annual survey of periodical literature 

    Kendra Huard Fershee, Annual Survey of Periodical Literature, 53 FAM. L.Q. 447 (2020).
  • Invisible no more: The impact of COVID-19 on essential food production workers 

    Athena K. Ramos, Abigail E. Lowe, Jocelyn J. Herstein, Shelly Schwedhelm, Kelly K. Dineen & John J. Lowe, Invisible No More: The Impact of COVID-19 on Essential Food Production Workers, J. Agromedicine (Sept. 18, 2020), https://
    From the farms to the packing plants, essential workers in critical food production industries keep food on our tables while risking their and their families’ health and well-being to bring home a paycheck. They work in ...
  • Back to square one: How Tribune revived the settlement payment safe harbor to trustee avoidance powers in the context of leveraged buyouts 

    Irina Fox, Back to Square One: How Tribune Revived the Settlement Payment Safe Harbor to Trustee Avoidance Powers in the Context of Leveraged Buyouts, 29 NORTON J. BANKR. L. & PRAC. 295 (2020).
    This Article reviews the history of the Code section 546(e) safe harbor, highlighting the circuit split that was resolved by Merit Management. The Article then focuses on the current framework for the analysis, as it was ...
  • Changing transnational tax environment: What business lawyers need to know 

    Jeremiah Coder, Pamela A. Fuller & Edward A. Morse, The Changing Transnational Tax Environment: What Business Lawyers Need to Know, in BUS. L. TODAY (Dec. 2019),
  • Tribute to Professor Linda Eads 

    Paul McGreal, Tribute to Professor Linda Eads, 72 SMU L. REV. 553 (2019).
  • Legal ethics as three-dimensional chess: Our duties to persons other than our clients 

    Stephen Sieberson, Legal Ethics as Three-Dimensional Chess: Our Duties to Persons Other than Our Clients, Neb. Law. , Sept./Oct. 2020, at 41.
    This article will highlight where the Nebraska RPCs require or at least suggest that we look to the interests of others as we represent our clients. In this analysis, we will review the Preamble and Parts 1 through 4 ...
  • Conflicts in a nutshell 

    Patrick J. Borchers, Conflicts in a Nutshell (5th ed. 2020).
  • “Bar talk” virtual chat with Steve Sieberson, Creighton University School of Law 

    Omaha Bar Association, “Bar Talk” Virtual Chat with Steve Sieberson, Creighton University School of Law, YouTube (May 28, 2020),
    Dave Sommers, Omaha Bar Association Executive Director, interviews Steve Sieberson regarding his book and writing process for his recent book, Low Mountains or High Tea.
  • This, I believe: A new look at corporate purpose, director primacy and the business judgment rule 

    Joshua P. Fershée, This, I Believe: A New Look at Corporate Purpose, Director Primacy and the Business Judgment Rule, 21 Transactions: Tenn. J. Bus. L. 301 (2020).
    This short essay provides some explanation and context built around a simple statement regarding corporate (or entity) purpose and how to balance the shareholder wealth maximization norm with broad director discretion. ...
  • Echo of its time: The history of the Federal District Court of Nebraska 

    Troy Johnson, Echo of Its Time: The History of the Federal District Court of Nebraska, 1867-1933, Annals Wyo., Winter 2020, at 53 (book review).
  • Family Law Quarterly 

    53 Fam. L.Q. (2019-2020) (Kendra Huard Fershee ed.).
  • Should the government provide protection against Covid-19 lawsuits? 

    Jon’s PostLife Crisis, Should the Government Provide Protection Against Covid-19 Lawsuits? (Aug. 8, 2020) (podcast of interview with Ed A. Morse),
  • Pro-life legal effort banishing false abortion mantra 

    Edward A. Morse, Pro-life Legal Effort Banishing False Abortion Mantra, LEGATUS MAG. (Sep 2019),
  • Criminal procedure: Cases, readings, and comparative perspectives 

    Criminal Procedure: Cases, Cases, Readings, and Comparative Perspectives (Raneta Lawson Mack ed., 3d ed. 2021).
    Criminal Procedure: Cases, Readings, and Comparative Perspectives focuses on the essentials of criminal procedure law as it arises under the Fourth, Fifth, and Sixth Amendments to the United States Constitution. The casebook ...
  • Administrative law 

    Patrick J. Borchers, Audio file: Administrative Law (4th ed. 2016).
    This audio lecture features Professor Patrick J. Borchers condensing administrative law into one lecture that includes law, hypotheticals, and exam tips. It includes classification of agencies, adjudicative and investigative ...

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