Present Status of Suretyship Defenses of an Accommodation Maker
Bob Baumfalk
Introduction
I. Patent of Latent Sureties
II. Extension of Time … A. The Majority Rule … B. The Minority View … C. Statutory Variations … D. Criticism of the Majority and Minority Views … E. The Uniform Commercial Code
III. Release of Collateral . . . A. Under the Negotiable Instruments Law … B. The Uniform Commercial Code
Conclusion
You Can’t Take My Land! Is Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015), Transformative Law or a Political Anomaly?
Adam W. Kauffman
In Thompson, the Nebraska Supreme Court held Legislative Bill 1161 unconstitutional, while the minority opined that the plaintiffs lacked standing. This Note maintains that the minority opinion in Thompson correctly applied the law to protect Nebraska’s law on standing, and that the minority’s supermajority interpretation mirrors the Nebraska Supreme Court’s past application.
Registration, Fairness, and General Jurisdiction
Jack B. Harrison
This article examines the evolution of general personal jurisdiction, from Pennoyer to Goodyear, and concludes that the Court’s current articulation of general personal jurisdiction unnecessarily hampers plaintiffs' ability to pursue redress for injuries in their home states.
The Economic Characteristics of Indigenous Property Rights: A Canadian Case Study
Dwight Newman
Property rights of Indigenous communities have far-reaching effects, impacting general economic prosperity, the ability to contract outside the community, and resource development. This Article focuses on title rights held by Canadian Indigenous communities, but the analysis and concepts have direct practical relevance to Indigenous communities elsewhere.
Book Review
David Dow
Modern Trials. By Melvin M. Belli. Indianapolis: The Bobbs-Merrill Company, Inc., 1954. 2763 pp. $50.00
If the field of taxation has any rival for the title of being most written about, it must be that of procedure and trial practice. The art of persuasion is so all-pervasive in the law, and at the same time so subtle and elusive, that lawyers of all generations have been drawn to write about it as the flies are drawn to honey. The urge is no respecter of age—young and old have sought to solve the mysteries, and they remain unsolved. And these mysteries seem likely to remain so until our scientific brethren, the psychologists, have succeeded in delving much deeper into the problems of motivation and the reasons for human behavior.
It is therefore true that a new book in this field usually is approached with a good deal of skepticism, as something to be skimmed through without much hope of acquiring anything new beyond an anecdote or so for the next bar meeting. Such anecdotes you will find aplenty in Mr. Belli’s Modern Trials, but you will also find a great deal more. Not long ago one of my former students came to me and said that one of the real needs he felt was for new ways to prove various propositions. It is precisely in this area that Mr. Belli has the most to offer. He is, of course, primarily interested in showing how this can be done through the use of demonstrative techniques: pictures, maps, charts, models, illustrative drawings and real evidence. He gives literally hundreds of examples, themselves amply illustrated by photographs, of how these techniques can be used to explain the propositions which counsel is called upon to get across to the jury; and in particular he shows much that is new in photography and medicine.
The Journalist and His Confidential Source: Should a Testimonial Privilege Be Allowed
W. D. Lorensen
Introduction
The Basis for a Privilege
The Current Law
When Is the Public Benefited?
When Should This Privilege Be Denied?
When Is There No Public Benefit?
When Does Detriment Outweigh Benefit?
Conclusion
Separation of Powers and the Class Action
Mark K. Moller
The federal court system’s increasing hostility toward class action certification has resulted in tens of thousands of individual cases winding up in state courts. This Article analyzes the new way of thinking about litigant autonomy in this “post-class-action” era.
Rethinking Counterterrorism in the Age of ISIS: Lessons from Sinai
Sahar F. Aziz
Failing states serve as havens for violent extremist groups to grow and spread, yet Western nations continue to limit their counterterrorism practices to merely preventing violence on their soil. Egypt’s Sinai Peninsula serves as a valuable case study for rethinking counterterrorism methods in the age of ISIS.
A Murder Most Fowl: United States v. CITGO Petroleum Corp., 801 F.3d 477 (5th Cir. 2015), and Incidental Killings Under the Migratory Bird Treaty Act
Lora Anne Waeckerle
"This Note focuses on the weaknesses of the Fifth Circuit’s decision to interpret the misdemeanor section of the MBTA to penalize only those who affirmatively cause protected birds to die. This Note further argues that the Fifth Circuit should adopt a broader rule regarding MBTA sanctions in order to penalize both direct and incidental killing of migratory birds."
Karasek v. Regents of the University of California, No. 15-cv-03717-WHO, 2015 WL 8527338 (N.D. Cal. Dec. 11, 2015): The Victimization of Title IX
Chelsea Avent
"This Note focuses on the Northern District of California in Karasek v. Regents of the University of California, its interpretation of Title IX’s 'deliberate indifference' standard, and the 'further harassment' requirement that some courts have imposed for Title IX sexual harassment claims."