Creighton Law Review

CREIGHTON LAW REVIEW Vol. 50, No. 2 2016-2017 SCHOOL OF LAW CREIGHTON UNIVERSITY OMAHA, NEBRASKA CREIGHTON LAW REVIEW BOARD OF EDITORS CLAIRE E. WILKA Editor in Chief PETER M. LANGDON Executive Editor TYLER S. SEALS BENJAMIN DEAVER KATIE M. MATEJKA Senior Lead Articles Editor Lead Articles Editor Lead Articles Editor MICHAEL SALLOUM SEAN T. NAKAMOTO SHANNON M. BEHM Lead Articles Editor Research Editor Student Articles Editor CAMERON OAKLEY FINKE NOAH GLOVER MORGAN L. KREISER Student Articles Editor Student Articles Editor Student Articles Editor EDITORIAL STAFF MARK HANNA LUKE HENKENIUS JEREMY FONTAIN ASSOCIATE STAFF RYAN P. CALLEY TAYLOR ANTHONY CLAPP MARIA A. COHEE ScoTT M. ECKEL LAUREL FREEMYER RACHEL M. LEE RILEY J. MCCORMICK CHRISTIAN H. MIRCH JULIE M. RYAN LExY K. SCHUMAN TIMOTHY A. SNYDER COURTNEY E. SOLMA AMANDA C. SWISHER RHYS J. WILLIAMS GENERAL STAFF PAUL JAMES BLAZEK BRENNAN R. BLOCK BLAKE MILLER YOUNSUNG PARK MIKAYLA L. TRAVERS DANIEL WILLIS FACULTY ADVISOR BusiNEss MANAGER NICHOLAS A. MIRKAY III DIANE KRILEY CREIGHTON LAW REVIEW TRIBUTES 50 YEARS OF THE CREIGHTON LAW REVIEW VOLUME 42 ............................ Darin L. Whitmer 179 VOLUME 49 ........................... Spencer R. Murphy '181 ARTICLES "MIRROR, MIRROR, ON THE WALL . .": REFLECTIONS ON FAIRNESS AND HOUSING IN THE OMAHA-COUNCIL BLUFFS REGION .... Palma Joy Strand 183 A CASE FOR THE DUE PROCESS RIGHT TO A SPEEDY EXTRADITION .............. Artemio Rivera 249 BATMAN AND TWo VERY LARGE JARS OF MAYONNAISE: THE LOOMING CLASH OF DAILY FANTASY SPORTS AND TRIBAL GAMING ...... Brett Wessels 295 JUSTICE AND BOUNDED MORAL RATIONALITY IN BANKRUPTCY .................................... Jooho Lee 333 NOTES DOES ACTUAL INNOCENCE ACTUALLY MATTER? WHY THE SCHLUP ACTUAL INNOCENCE GATEWAY REQUIRES NEWLY PRESENTED, RELIABLE EVIDENCE .......................... Laurel Freemyer 367 ONE STEP FORWARD, Two STEPS BACK: THE BOARD OF IMMIGRATION APPEALS MUST REMIND COURTS THAT FAMILY IS THE QUINTESSENTIAL PARTICULAR SOCIAL GROUP TO PREVENT COURTS FROM SIDESTEPPING FAMILY-BASED ASYLUM CLAIMS ................. Rachel M. Lee 405 The CREIGHTON LAW REVIEW (ISSN 0011-1155) is published four times a year in December, March, June and September by the students of the Creighton University School of Law, 2133 California St., Omaha, NE 68178. Subscription prices are $30.00 per annum. Past issues are available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209-1987 and through HeinOnline. Microfilm editions are available from NA Publishing Inc., P.O. Box 998, Ann Arbor, MI 48106-0998. POSTMASTER: Send address changes to: Creighton Law Review School of Law 2133 California Street Omaha, Nebraska 68178 (402) 280-1490 Publication office: Joe Christensen, Inc., 1540 Adams Street, Lincoln, Nebraska 68521 Periodicals postage paid at Omaha, Nebraska and additional mailing office at Lincoln, Nebraska COPYRIGHT @ 2017 By CREIGHTON UNIVERSITY CREIGHTON UNIVERSITY SCHOOL OF LAW ADMINISTRATIVE OFFICERS DANIEL S. HENDRICKSON, SJ, PHD, President of the University THOMAS F. MURRAY, BS, PHD, Interim Provost PAUL E. McGREAL, BA, JD, LLM, Dean NICHOLAS A. MiRKAY III, BSBA, JD, LLM, Senior Associate Dean for Administration and Planning DAVID P. WEBER, BA, JD, Senior Associate Dean for Academic Affairs MICHAEL J. KELLY, BA, JD, LLM., Associate Dean for InternationalPrograms and Faculty Research ANDREA D. BASHARA, BS, MS, Assistant Dean for Students and Special Projects MANDY WHIDDON, BA, JD, Assistant Dean for Career Development KEVIN KERSTEN, SJ, MA, MA, PHD, Chaplain KAY L. ANDRUS, BA, JD, MLS, Director of the Law Library MARTHA LEMAR, BA, JD, Director of Alumni CHRIS BAUER, BA, MS, Director of Development CATHERINE MAHERN, BS, JD, Director of the Abrahams Legal Clinic JACQUELINE FONT-GuzmAN, BA, MA, JD, PHD, Director of The Werner Institute CAROL C. KNOEPFLER, BA, JD, Director of Legal Writing DAVE MADSEN, BS, CPA, Directorof Finance SANDRA MURNAN, Associate Registrar FACULTY OF LAW TERRY M. ANDERSON, BA, JD, LLM, Professor of Law KAY L. ANDRUS, BA, JD, MLS, Professor of Law and Director of Law Library EDWARD J. BIRMINGHAM, BS, JD, LLM, Professor of Law PATRICK J. BORCHERS, BS, JD, Professor of Law and Lillis Family Professorship in Law CATHERINE M. BROOKS, BA, MA, JD, Professor of Law KRISTINE C. COT;, BA, MA, JD, Assistant Professor of Law STANLEY E. Cox, AB, MAT, JD, Resident Professor of Law CRAIG W. DALLON, BA, JD, Professorof Law NoAM EBNER, LLB, LLM, Professor of Negotiation and Conflict Resolution G. MICHAEL FENNER, BA, JD, James L. Koley '54 Professor of ConstitutionalLaw JACQUELINE FONT-GuzMAN, BA, MA, JD, PHD, Professor and Director of The Werner Institute IRINA Fox, BA, JD, Assistant Professor of Law RACHEL J. GOEDKEN, BS, MS, JD, Assistant Professor of Law MICHAEL J. KELLY, BA, JD, LLM, Professor of Law, Associate Dean for Faculty Research and InternationalPrograms, and Senator Allen A. Sekt Endowed Chair in Law RANETA LAWSON MACK, BA, JD, Professor of Law and Skinner Family Annual Professorship CATHERINE MAHERN, BS, JD, Associate Professor of Law, Connie Kearney Endowed Chair in Clinical Legal Education, and Director of the Abrahams Legal Clinic R. COLLIN MANGRUM, BA, JD, BCL, SJD, Professor of Law and A. A. & Ethel Yossem Endowed Chair in Legal Ethics BERNIE MAYER, BA, MSW, PHD, Professor of Conflict Resolution - The Werner Institute PAUL E. McGREAL, BA, JD, LLM, Dean and Professor of Law KENNETH J. MELILLI, BA, JD, Professor of Law NICHOLAS A. MIRKAY III, BSBA, JD, LLM, Senior Associate Dean for Administration and Planningand Professor of Law EDWARD A. MORSE, BSBA, JD, Professor of Law and McGrath, North, Mullin & Kratz Endowed Chair in Business Law KENT J. NEUMEISTER, BA, JD, LLM, Professor of Law GREGORY J. O'MEARA, SJ, BA, JD, LLM, M.Drv., Rector of the Jesuit Community and Professorof Law DANIEL L. REAL, BA, JD, Assistant Professor of Law STEPHEN C. SIEBERSON, BA, MA, JD, PHD, Professor of Law PALMA J. STRAND, BS, JD, LLM, Professor of Law LARRY L. TEPLY, BA, JD, LLM, Professor of Law and Senator Allen A. Sekt Endowed Chair in Law SEAN M. WATTS, BA, JD, LLM, Professor of Law DAVID P. WEBER, BA, JD, Senior Associate Dean for Academic Affairs and Professor of Law MICHAELA M. WHITE, BA, JD, Professor of Law EMERITUS FACULTY OF LAW MARIANNE B. CULHANE, BA, JD, Emerita Professor of Law NANCY LAWLER DICKHUTE, BA, JD, Emerita Professor of Law ERIC PEARSON, BA, JD, LLM, Professor Emeritus of Law RODNEY SHKOLNICK, BA, JD, Dean Emeritus RONALD L. VOLKMER, BA, JD, LLM, Professor Emeritus of Law RALPH U. WHITTEN, BA, JD, LLM, Professor Emeritus of Law LEGAL RESEARCH AND WRITING FACULTY GEORGE BUTTERFIELD, BA, JD, MSLS TROY C. JOHNSON, BS, JD, MLS LAW SCHOOL ADVISORY BOARD ARNOLD JOHNSON, Chair ROBERT O'CONNOR, JR. HON. JOSEPH BATAILLON JOHN PIERCE HON. FRED BATES JUDITH TWIDWELL POGGE JAMES BAUSCH HON. ROBERT PRATT ROGER BLAUWET GAIL WERNER ROBERTSON PATRICK DUFFY HAROLD ROCK THOMAS GAUGHEN HON. ROBERT ROSSITER, JR. RICHARD GILLOON JAMES SEIFERT THOMAS GRENNAN STEVEN SELINE WILLIAM HARGENS JAMES SILHASEK LISA ANDRUS HAYAN R. BRADLEY SKINNER DR. CYNTHIA IRMER DIANNE LOENNIG STODDARD RICHARD JEFFRIES GAYLA LEE THAL WILLIAM LILLIS MICHAEL WALLACE RAYMOND McGAUGH JUDY BRUMM WEILL KAREN MORAUSIU PATRICIA ZIEG MICHAEL MULLIN 179 TRIBUTE TO THE 50TH VOLUME OF THE CREIGHTON LAW REVIEW My experiences on the Creighton Law Review can best be de- scribed as life-changing. However, to fully grasp such a concept, one has to first understand that I was an accounting and finance undergraduate. I thrived with numbers and T-charts but never words. I had only taken two rudimentary English classes as an undergraduate because, after all, that was all that was required. As one should pre- sume, my written composition and analysis skills were less than refined when I enrolled in Creighton’s School of Law. Although lacking a background in formal writing, I found myself in a fortunate position clerking for a well-respected law firm during my 1L summer. That firm demanded, and rightfully so, that each of its clerks research legal issues to exhaustion prior to providing a written memorandum of how the applicable law would affect a client’s case or business objective. Honestly, I treaded water early on in meeting the firm’s expectations because I could not create concise and persua- sive written work product—something that is paramount in the legal profession. I simply had never been taught how to do so. As fate would have it, after spending the day clerking, I spent most nights researching my student note’s topic with the methodical assistance of Mr. P. Brian Bartels who was my Student Note Editor. In congruence with my clerkship, Mr. Bartels insisted that I research the applicable legal doctrines to exhaustion before I even wrote a sin- gle sentence for the note. Thereafter, to my genuine surprise, Mr. Bartels diligently began teaching me the intricacies of legal writing when he noticed that my written composition and analysis skills lacked refinement. Until that point in time, I truly believed that eve- rything associated with law school was based upon a “survival of the fittest” mentality given that everyone was graded on the dreaded bell curve and assigned a class rank. However, Mr. Bartels was someone who wanted to invest the time to teach a fellow student the complexi- ties of legal writing. Not only did the techniques Mr. Bartels taught help me in crafting a student note that would later be published but, after I applied the same to the memorandums I composed daily for my clerkship, I was able to parlay those refined memorandums into a clerkship my 2L summer and ultimately into an associate position which launched my legal career. Only later in life would I recognize that Mr. Bartels, like many other Law Review editors over the years, was simply fulfilling one of the Law Review’s cornerstone missions of 180 CREIGHTON LAW REVIEW [Vol.

Load more