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Full-Text Articles in Law

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 …


Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen Feb 2006

Taxation, Compensation, And Judicial Independence, Jonathan L. Entin, Erik M. Jensen

Faculty Publications

Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the subject, United States …


Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen Feb 2006

Taxation, Compensation, And Judicial Independence: Hatter V. United States, Jonathan L. Entin, Erik M. Jensen

Faculty Publications

Article III of the Constitution seeks to protect judicial independence, partly through a guarantee of life tenure and partly through a clause that prohibits the diminution of judges' "compensation". The Compensation Clause does not address the subject of taxation, but it has always been understood to affect the federal government's taxing power. This article examines the framing of the Compensation Clause, some nineteenth-century detours that are inconsistent with the original understanding of the Clause, and the Supreme Court's jurisprudence on taxation of judges under the Clause. The article critically analyzes the Court's most recent case on the subject, United States …


Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank Jan 2006

Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank

Faculty Articles and Other Publications

In a unique decision, the Fifth Circuit in National Solid Waste Management Ass'n v. Pine Belt Regional Solid Waste Management Authority (NSWMA) used the prudential zone of interests standing test to bar the plaintiffs, who met constitutional standing requirements, from filing a facial, per se challenge under the dormant Commerce Clause. Six Mississippi counties and cities that are members of the Pine Belt Regional Solid Waste Management Authority (the Authority) had enacted flow control ordinances that required all solid waste collected in their six jurisdictions be sent to the Authority's facilities, and, thus, prohibited the export of waste to alternative, …


Issues In Article Iii Courts, Debra A. Livingston Jan 2006

Issues In Article Iii Courts, Debra A. Livingston

Faculty Scholarship

Cases implicating classified information can pose difficult legal issues for Article III courts, and these issues may well grow more complicated and arise more frequently as the global war on terror continues. The manner in which these issues are resolved has profound implications for the national security, for the procedural rights of litigants, and for the public's ability to scrutinize legal proceedings. Indeed, the expanded use of secret evidence in Article III courts may raise questions about the very character of the courts themselves. Is there a point at which the demands placed upon these courts, pushing them in the …