Monthly Archives: February 2009

Capital One Auto Finance v. Osborn, 515 F.3d 817 (8th Cir. 2008): Surrendering Proper Interpretation of the “Hanging Paragraph” to Allow an Unsecured Deficiency Claim Following Surrender of a 910-Vehicle in Chapter 13—Further Evidence of the Need for Congressional Reform

[EDITOR’S NOTE: From time to time, the Bulletin will publish “white papers.”  These papers come from a number of student sources; they could be seminar papers, class papers, or case notes that have not yet been selected for publication.  The Bulletin‘s goal in publishing these materials is to provide practitioners with the background research that was done for the paper.  In other words, we hope to create a depository of research that was done for different purposes.  We hope that readers of the Bulletin will find these papers useful and interesting.

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Pick and Nebraska Employment Law: Interpreting Contracts and Good Faith

By Steven L. Willborn[0]

Nebraska has followed the national trend limiting employment at will.  It recognizes oral contracts,[1] limits discharges that violate public policy,[2] and requires employers who promise jobs to deliver them.[3]  None of these were recognized during the heyday of employment at will.

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How Extraordinary Lawyers Saved an Ordinary Trial Judge from Mucking Up an Extraordinary Case

By Richard G. Kopf[0]

When a trial judge like me gets a high-profile case, the sphincter tightens.  Visions of Judge Lance Ito[1] and the O.J. murder case dance in the mind like demented sugar plum fairies on meth.  Taking the suggestion of the editors of the Bulletin,[2] herewith is a short piece on how great lawyers saved my bacon in a case that made the New York Times editorial page[3] and ultimately the Supreme Court.  That case is Gonzales v. Carhart.[4]  While I was ultimately reversed when the Supreme Court changed its mind about whether legislators were required to consider the health of women when regulating abortions, I avoided becoming a punch line for late-night comedians.  Here is the short version of how the lawyers from both sides saved me and, far more importantly, how they aided the cause of justice.

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