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Full-Text Articles in Law

Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore Jan 2017

Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore

Faculty Articles and Other Publications

This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …


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 Aug 2006

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 Jul 2006

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 …


The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson Jan 2003

The Role Of Primary Assumption Of Risk In Civil Litigation In Minnesota, Michael K. Steenson

Faculty Scholarship

Assumption of risk has presented courts with considerable difficulty in defining its theoretical justification and its relationship to tort duty limitations and to the defense of contributory negligence. In Minnesota and elsewhere, assumption of risk has been applied inconsistently. Sometimes it seems to relate to the duty issue and sometimes it is linked to the defense of contributory negligence, but without a clear differentiation of which issue is involved. In Minnesota specifically, the Minnesota Supreme Court has acknowledged that inconsistency and the difficulty in applying the concept in cases spanning several decades. This article focuses on primary assumption of risk, …


To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas Nov 2000

To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas

Faculty Publications and Presentations

The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of twelve workweeks of leave during any twelve-month period for specifically prescribed circumstances such as a serious health condition or the birth or adoption of a child. Does the FMLA require employers to specifically designate leave as FMLA leave or risk having to provide more than the guaranteed twelve weeks of leave? This precise question created a circuit split in the federal courts before the Supreme Court of the United States answered the question in March 2002. This article, published in 2000, addressed the issue a …