Richard E. Moberly
Associate Dean for Faculty & Professor of Law
259 LAW UNL 68583-0902
(402)472-1256 | Email
Areas of Expertise
- Employment Law
- Clinical Practice - Civil
- J.D., magna cum laude, 1998, Harvard Law School
- B.A., summa cum laude, History, 1991, Emory University
- Professor of Law, 2012
- Associate Dean for Faculty, 2011
- Associate Professor of Law, 2009
- Assistant Professor of Law, 2004
Professor Richard Moberly joined the law faculty in August 2004, after practicing as an attorney with McKenna Long & Aldridge LLP in Atlanta, Georgia. After receiving his B.A. degree in History, summa cum laude, from Emory University, Professor Moberly graduated magna cum laude from Harvard Law School and served as an editor of the Harvard Law Review. After law school, he served as a law clerk for the Honorable N. Carlton Tilley, Jr., United States District Judge for the Middle District of North Carolina.
Professor Moberly teaches Employment Law, Evidence and in the Civil Clinical Law Program. He also coaches the Law College's award-winning Trial Team. In 2006 and 2011, he was voted the Professor of the Year by upperclass law students. In 2007, Professor Moberly received a College Distinguished Teaching Award. Also, in 2007-08, he received the Cline Williams Research Chair. In 2011, Professor Moberly was appointed Associate Dean for Faculty.
Professor Moberly's research interests include employee whistleblower protection and the law of secrecy. He has published numerous articles on whistleblowing and retaliation, including an empirical study of Sarbanes-Oxley claims published in the William & Mary Law Review and an analysis of the Supreme Court's approach to retaliation cases, which was published in the Case Western Reserve Law Review. He also has spoken internationally on whether corporate codes of ethics provide protection to whistleblowers and on the impact of the Sarbanes-Oxley whistleblower protections. In May 2007, the United States House of Representatives invited Professor Moberly to testify on his research and as an expert on federal whistleblower protections in a hearing before the Subcommittee on Workforce Protections entitled Private Sector Whistleblowers: Are There Sufficient Legal Protections? Look here for a copy of Professor Moberly's Written Testimony and videos of his Testimony & Q & A from the hearing.
In 2012, Professor Moberly published an article evaluating President Obama's policies towards whistleblowers in the Employee Rights & Employment Policy Journal, and an article examining the impact the Sarbanes-Oxley Act of 2002 has had on whistleblower protections during the last decade, which appears in the South Carolina Law Review.
Professor Moberly has appeared numerous times in the media to discuss whistleblowing and retaliation issues, including this Op/Ed in the New York Times: No Democratic Hero, He Subverted the Process and a Q&A with the Wall Street Journal on President Obama’s Whistleblower Policies. Other recent appearances include national news stories by ABC News and CBS News, as well as appearances with local radio and television.
Law 647/G (1-4 cr) Analysis of the employment relationship as it has developed outside of the collective bargaining context. History and current status of the employment relationship, including discharge-of-will, occupational safety and health, minimum wage/maximum hour legislation, unemployment compensation and noncompetition agreements.
Law 646/G (EDAD 971) (1-4 cr) Relevancy and admission of evidence, including hearsay, opinions, privileges, other exclusionary rules, examination of witnesses, judicial notice, and physical evidence.
Law 798/G (2-6 cr) Open only to students with senior standing. Students are also required to attend a seminar on lawyering skills and the representation of clients. Students, under close faculty supervision, advise and represent clients in a variety of civil cases, including landlord-tenant, consumer, collection, bankruptcy, immigration, tax, and domestic relations cases.
Law of Secrecy
Secrecy plays a complicated role across a broad swath of legal regimes. For example, the law encourages secrecy in certain areas, such as national security, employee inventions and trade secrets, and attorney confidentiality. Yet, society often discourages secrecy because it is in tension with such inherent values as democracy, open government, transparency, and a free press. The course will examine how the law in each of these and other areas addresses secrecy. Moreover, countries often approach secrecy from different perspectives, so the course will look at how the United States treates secrecy compared to other countries.
- Problems and Materials in Evidence and Trial Advocacy (5th ed. 2010)
- Evidence in Context (4th ed. 2010)
- An Empirical Study of Whistleblower Policies in United States Corporate Codes of Ethics, in Whistleblowing and Democratic Values (David B. Lewis & Wim Vandekerckhove, eds., 2011) (co-authored)
- Whistleblowers and the Obama Presidency: The National Security Dilemma, 16 Employee Rts. & Emp. Pol'y J. 51 (2012)
- Sarbanes-Oxley's Whistleblower Provisions - Ten Years Later, 64 S.C.L. Rev. 1 (2012)
- The Supreme Court's Antiretaliation Principle, 61 Case Western Res. L. Rev. 375 (2010)
- Protecting Whistleblowers By Contract, 79 Colo. L. Rev. 975 (2008).
- Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win, 49 Wm. & Mary L. Rev. 65 (2007)
- Sarbanes-Oxley's Structural Model to Encourage Corporate Whistleblowers, 2006 BYU Law Review 1107
- The Americans With Disabilities Act in Cyberspace: Applying the 'Nexus' Approach to Private Internet Websites, 55 Mercer Law Review 963 (2004)
- Long-term Employment Agreements with In-house Counsel: Employment Security or Ethical Quagmire, 9 Ga. B.J. 20(2003)(co-authored article).
- Third Circuit Holds That Prayer at Graduation is Unconstitutional Even if it Results from a Student Vote, 110 Harv. C. Rev. 78, (1997).
- Panelist, Human Rights and the Boundaries of Speech: Whistleblowing, Leaks, Threats, Violent Videos, and Hate Speech, New York University School of Law Center for Human Rights and Global Justice (Nov. 28, 2012).
- The Need for (Some) National Security Leaks, University of Nebraska College of Law (Sept. 27, 2012).
- Sarbanes-Oxley at 10, Seventh Annual Labor and Employment Law Colloquium, Loyola-Chicago Law School (Sept. 14, 2012).
- Sarbanes-Oxley at 10, International Whistleblower Research Network Conference, Seattle University School of Law (March 24, 2012).
- A Whistleblowing Overview, CLE: Whistleblowing: Law, Compliance & the Public Interest, Seattle, Washington (March 23, 2012).
- Sarbanes-Oxley at 10, University of Tasmania Law School, Tasmania, Australia (March 2, 2012).
- Sarbanes-Oxley at 10, Griffith University Law School, Gold Coast, Australia (Feb. 22, 2012).
- Whistleblowing and Retaliatory Discharge: Significant Developments in 2011, Bureau of National Affairs Webinar (Nov. 16, 2011).
- Obama and National Security Whistleblowers, University of Nebraska College of Law (Oct. 6, 2011).
- A Perfect Storm: National Security, Civil Liberties and Ethics in a Post 9/11 World, University of Nebraska College of Law (Sept. 27, 2011).
- Obama’s Whistleblowing Dilemma, Sixth Annual Colloquium on Current Scholarship in Labor and Employment Law, Southwestern Law School (Sept. 16, 2011).
- Whistleblower Protection in U.S. Corporate Codes of Conduct, International Whistleblower Research Network Conference, Middlesex University, London, United Kingdom (June 24, 2011).
- Antiretaliation Protection for Whistleblowers, Washington University (Sept. 24, 2010).
- Crawford and the Supreme Court’s Antiretaliation Principle, Southeastern Association of Law Schools Conference (Aug. 6, 2009).
- Strategies for Whistleblower Protection, Seton Hall Law School Faculty Colloquium Series (Oct. 14, 2007).
- Contract Protection for Whistleblowers, Second Annual Colloquium on Current Scholarship in Labor and Employment Law, Denver University Law School (Sept. 28, 2007).
- Testimony, Private Sector Whistleblowers: Are There Sufficient Protections?, Before the Subcommittee on Workforce Protections, Committee on Education and Labor, U.S. House of Representatives, 110th Congress (May 15, 2007).
- Sarbanes-Oxley’s Anti-retaliation Protections: An Empirical Perspective, First Annual Colloquium on Current Scholarship in Labor and Employment Law, Marquette University Law School (Oct. 28, 2006).
- Employment Law
- Law of Secrecy