Law Commons^™

New Reasons To Remember The Estate Taxation Of Reversions, F. Philip Manns

Faculty Publications and Presentations

Multiple law reform efforts are underway to reverse the no-implied-conditions-of-survivorship rule historically applying to future interests. Yet, whenever the NICS rule is reversed, a reversion arises in the transferor of the future interests—which reversion will take effect if the newly-implied conditions of survivorship fail—unless the NICS-rule-reversal reform itself negates that reversion. The most well-known NICS-rule-reversal reform, Uniform Probate Code section 2-707, negates the transferor’s reversion, but other reforms do not. When the reversion is not negated, complicated transfer tax issues arise. First, for gift tax purposes, the reversion must be valued, because the value of the reversion is subtracted in …

Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.

Intelligent Design And Tort Law: Partners In A Unified Theory Of Causation, Barbara Mouly

Faculty Publications and Presentations

No abstract provided.

Llcs As The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations, And Lps Formed In The United States Between 2004-2007 And How Llcs Are Were Taxed For Tax Years 2002-2006, Rodney D. Chrisman

Faculty Publications and Presentations

No abstract provided.

Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Stoneridge V. Scientific-Atlanta: Do Section 10(B) And Rule 10b-5 Require A Misstatement Or Omission?, Rodney D. Chrisman

Faculty Publications and Presentations

Stoneridge v. Scientific-Atlanta promises to be the most important securities litigation case to reach the Supreme Court since Central Bank of Denver. In this important case, Stoneridge presents the Supreme Court with the opportunity to clarify the application of its ruling in Central Bank to liability for secondary actors under section 10(b) and rule 10b-5. This Article points out that the fundamental question plaguing the lower courts since Central Bank and resulting in two circuit splits is whether section 10(b) requires that a secondary actor actually make a misstatement or omission in order to be held liable under the rule …

Stoneridge V. Scientific-Atlanta: Do Section 10(B) And Rule 10b-5 Require A Misstatement Or Omission? (Pre-Publication Draft), Rodney D. Chrisman

Faculty Publications and Presentations

This version is a draft submitted for publication and accepted prior to the Supreme Court’s ruling. The final version, published by QLR and also posted on Digital Commons, was modified subsequently to the Supreme Court ruling. Stoneridge v. Scientific-Atlanta promises to be the most important securities litigation case to reach the Supreme Court since Central Bank of Denver. In this important case, Stoneridge presents the Supreme Court with the opportunity to clarify the application of its ruling in Central Bank to liability for secondary actors under section 10(b) and rule 10b-5. This Article points out that the fundamental question plaguing …

Liberty University's Lawyering Skills Program: Integrating Legal Theory In A Practice-Oriented Curriculum, Mathew D. Staver

Faculty Publications and Presentations

Law schools are not preparing lawyers for the practice of law. While modern legal education may teach analytical reasoning, skills training continues to suffer. The lawyering skills program developed by the Liberty University School of Law addresses the need to train lawyers in the practice of law. When seeking to build a top quality law school, Liberty University took seriously the challenge to address the void in legal education, particularly with respect to lawyering skills. The foundational principles of law are infused into the legal curriculum and lawyering skills program. The required substantive law courses are structured to have a …

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Sacrificing Motherhood On The Altar Of Political Correctness: Declaring A Legal Stranger To Be A Parent Over The Objections Of The Child's Biological Parent, Rena M. Lindevaldsen

Faculty Publications and Presentations

This Article examines the legal and policy implications that arise when two women involved in a same-sex relationship both claim motherhood status to a child who is biologically related to only one of them. These cases involve a biological mother who is artificially inseminated with donor sperm and gives birth while she is involved in a same-sex relationship. When the relationship ends, courts are asked to decide whether the former same-sex partner, who has no legal or biological relationship to the child, should be treated as a parent to the child for custody and visitation purposes. Since the United States …

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Preacher Man V. Porn King: A Legal, Cultural, And Moral Drama Starring Jerry Falwell, Larry Flynt, And The First Amendment, Tory L. Lucas

Faculty Publications and Presentations

Take one part proselytizing, political Southern Baptist televangelist, one part obnoxious, media-seeking pornographer, and one part First Amendment free speech, and you get the colossal legal, cultural, and moral battle embodied in the seminal Supreme Court case of Hustler Magazine v. Falwell. It all started in late 1983 with a controversial and despicable ad parody of a man and his mother that culminated in an aggressive legal battle between litigants on polar opposites of the moral and legal spectrum. Going behind the text of the Supreme Court decision, this article delves into the history behind the unique circumstances that made …

Petitioner's Observations (February 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Credits To Our Profession - A Frank And Far-Reaching Interview With Judge Lyle E. Strom And Judge William J. Riley (Part Two Of Two), Tory L. Lucas

Faculty Publications and Presentations

Lyle E. Strom and William J. Riley have been mainstays of the Omaha legal community for decades. These legendary Omaha lawyers have enjoyed successful careers as trial lawyers in private practice, educated law students on trial practice, dedicated their time and talent to Nebraska’s legal community, motivated Boy Scouts to lead virtuous lives, mentored countless young attorneys, and served their nation as federal judges. Judge Strom currently serves as a senior judge on the United States District Court for the District of Nebraska; Judge Riley currently serves as the chief judge of the United States Court of Appeals for the …

Credits To Our Profession - A Frank And Far-Reaching Interview With Judge Lyle E. Strom And Judge William J. Riley (Part One Of Two), Tory L. Lucas

Faculty Publications and Presentations

Lyle E. Strom and William J. Riley have been mainstays of the Omaha legal community for decades. These legendary Omaha lawyers have enjoyed successful careers as trial lawyers in private practice, educated law students on trial practice, dedicated their time and talent to Nebraska’s legal community, motivated Boy Scouts to lead virtuous lives, mentored countless young attorneys, and served their nation as federal judges. Judge Strom currently serves as a senior judge on the United States District Court for the District of Nebraska; Judge Riley currently serves as the chief judge of the United States Court of Appeals for the …

“Three Strikes” Legislation: Utilitarian Deterrence, Paul R. Rickert

Faculty Publications and Presentations

The author argues that current "three-strikes" legislation does not have justice as its end-goal, because it is based in utilitarian philosophy.

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.

Combating Money Laundering, Paul R. Rickert

Faculty Publications and Presentations

This paper discusses the modern problem of dealing with money laundering. Illicit occupations inherently create illicit incomes that must be given the appearance of legitimately earned income. The more government criminalizes activities of its citizens, the greater the need for laundering money.

Restating The "Original Source Exception" To The False Claims Act's “Public Disclosure Bar”, Joel D. Hesch

Faculty Publications and Presentations

The False Claims Act (FCA) is the Department of Justice’s (DOJ) primary litigative tool to combat fraud under federal government programs, including as Medicare and the military. The FCA provides for triple damages and civil penalties. It also contains a unique qui tam provision, which allows a whistleblower, known as a “relator,” to file a FCA lawsuit on behalf of the government and receive a share of 15-25% in the recovery. The DOJ has recovered $20 billion under the FCA from companies cheating the government, and has paid out over $2 billion in citizen rewards. The FCA contains a “public …

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Disabling Complexity: The Americans With Disabilities Act Of 1990 And Its Interaction With Other Federal Laws, Tory L. Lucas

Faculty Publications and Presentations

Given the daunting breadth, depth, and sheer volume of federal legislation impacting the labor and employment arena, the task of understanding how all of the federal legislation - not to mention state and local legislation and all corresponding regulations and caselaw - interrelates may be an impossible task even for legal experts. One vital area of federal employment legislation involves protecting the rights of individuals with disabilities. The Americans with Disabilities Act of 1990 (“ADA”) seeks “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” To fulfill the ADA's vision to protect …

Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert

Faculty Publications and Presentations

The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.

From Pin Point To The Legal Pinnacle, Tory L. Lucas

Faculty Publications and Presentations

In Judging Thomas: The Life and Times of Clarence Thomas, author Ken Foskett argues that “the key to unlocking Justice Thomas’s decision making is not dissecting the opinions but understanding the man who wrote them.” Capturing the essence of Judging Thomas, this quote forms the premise for this book review. A person cannot always be understood by his accomplishments. Instead, we sometimes must look beyond the person himself, and look into that person’s family history. That is precisely what this Thomas biography attempts to do.

This book review, entitled From Pin Point to the Legal Pinnacle, briefly outlines how Thomas …

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

So What If I'M Gonna Hurt Myself: The Ada's Direct Threat Defense, Tory L. Lucas

Faculty Publications and Presentations

A high-beam walking ironworker atop a skyscraper develops a severe case of vertigo. A power saw operator develops narcolepsy. Must the employers of these individuals with disabilities tolerate the risk that they pose to their own safety in fear of facing disability discrimination charges by removing the employees from their jobs? The Americans with Disabilities Act of 1990 (ADA) clearly provides a defense to a discrimination claim by an individual with a disability when the employer takes action based on the individual’s posing a direct threat to the health or safety of other individuals in the workplace. This is commonly …

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Lifting The Veil: An Expose On The American Bar Association's Arbitrary And Capricious Accreditation Process, Mathew D. Staver, Anita L. Staver

Faculty Publications and Presentations

To understand the flaws of the ABA accreditation process, this article will overview the experience of Barry University School of Law (Barry) with ABA accreditation. Section II will discuss the development and structure of the ABA. Section III will argue that the ABA’s delegation of authority to an internal advisory body to render accreditation decisions, which bind the ABA, is an ultra vires act forbidden both by the laws of its state of incorporation and by the ABA Constitution. Section IV will then discuss the ABA accreditation process as applied to Barry. In Section V, this article will address federal …