Shoemaker has book review published
Professor Jessica Shoemaker’s recent book review was published in the latest volume of Great Plains Research. The piece discusses Judge Warren K. Urbom’s memoir, Called to Justice: The Life of a Federal Trial Judge. Judge Urbom is a well-known Nebraska federal court judge.
Gutman, Zimmer Win 2014 Grether Moot Court Competition
The final round of the 2014 Grether Moot Court Competition was held Friday, October 10, 2014 before the Nebraska Court of Appeals. Judges Bishop, Inbody and Pirtle presided over the competition. After oral arguments, Daniel Gutman, 2L, and John Zimmer, 2L, were declared the winners over finalists Kiersten Haugen, 2L, and Sara Rips, 2L. Gutman was also declared the best Oral Advocate for his passionate and emotionally evocative style in addition to his solid understanding of the law.
The 2014 competition saw above-average participation, with a total of 18 teams taking part. Bill Straus, 3L, and Titus Hattan, 3L, served at the Grether Competition Coordinators, and Jordan Holst, 3L, served as this year's problem writer.
Boal and Odle Appear Before the Eighth Circuit Court of Appeals
Micheal Boal and Adam Odle appeared before the Eighth Circuit Court of Appeals on October 9, 2014. The 3L students worked with civil clinic professors Kevin Ruser and Ryan Sullivan, and other members of the Lincoln legal community to prepare their argument for the bankruptcy case.
Their argument can be downloaded on the Eighth Circuit Court of Appeals website.
Burkstrand-Reid appointed to U.S. Commission on Civil Rights Advisory Committee
Professor Beth Burkstrand-Reid was appointed by the United States Commission on Civil Rights to the Nebraska Advisory Committee. The Commission is a bipartisan agency of the federal government charged with conducting factfinding activities pertaining to discrimination or denial of equal protection laws based on race, color, religion, sex, age, handicap, or in the administration of justice. The Nebraska Advisory Committee is composed of citizens familiar with local and state civil rights issues who assist the Commission with its factfinding, investigative, and information dissemination functions.
Gradwohl receives Jim Wolf Equal Justice Award
Jan Gradwohl, ’54, received the Jim Wolf Equal Justice Award at the Nebraska Appleseed Good Apple Awards on October 2.
The Jim Wolf Equal Justice Award recognizes a Nebraskan who has made significant contributions to justice for all throughout his or her career. It is given in the spirit of the late Jim Wolf, a founding Appleseed board member who possessed a lifelong dedication to promoting the common good. The award is given to an individual who is committed to public service without regard to his or her own economic or political gain.
Jan Gradwohl has dedicated her entire career to the principle of equal justice and fairness before the law after seeing how our systems of power kept long-standing barriers in place for many.
Jan began her career as an attorney, but quickly rose to become the first female appointed judge in Lancaster County. She worked to ensure fairness and equity in our legal system. For her work, she has been honored with both state and national level distinguished service awards.
Jan has also had a significant impact on the College of Law. She served as a professor and mentor to many of our law students, alongside her late husband, John, and continues to be involved in various capacities today.
Space Law Program Announces Conference in Washington, D.C.
University of Nebraska
7th Annual Washington, D.C. Space Law Conference
On-Orbit Jurisdication: Challenges and Opportunities
Monday, November 3, 2014
National Press Club
Currently, the FAA only has express regulatory authority to license launches and re-entries but not on-orbit or in-space activities. While some have argued FAA or other federal agencies have implied or inherent authority to so regulate, agencies are unlikely to act based on these types or arguments, rather awaiting express authority from Congress. Many new space activities are on the near horizon, including commercial human space flight, asteroid mining, lunar and orbital private research labs and hotels, and on-orbit servicing of satellites. Private investors are seeking certainty for their investments, including private property rights, as well as safety from interference in their activities by others. However, the US commercial space sector is also concerned that heavy-handed regulation in the early stages of such activities could inhibit the activity or drive investment abroad, and thus seek to limit any on-orbit regulatory authority to be “lite” in nature. The US government is anxious to ensure compliance with treaty obligations requiring it to authorize and continually supervise its commercial actors’ space activities to ensure compliance with treaty obligations. Foreign country reaction to US commercial activities in space may also depend on whether the US has sufficient regulatory regime in place, one that for example, would prevent contamination of Earth or celestial bodies in the case of mining, or risk to neighboring satellites during on-orbit servicing. Panel I will discuss government and industry views on the issue of on-orbit jurisdiction (or in-space regulatory authority) and Panel II will delve deeper into specific views of two sub-sectors of the US commercial space industry, those concerned with property rights and the sub-orbital marketplace.
11:30-12:40AM Public Panel I – “On-Orbit Jurisdiction: Government and Industry Views”
- Laura Montgomery – Manager, Space Law Branch, FAA (confirmed)
- Karl Kensinger – Deputy Division Chief, Satellite Division, FCC (confirmed)
- Glenn Talia – Section Chief, Weather, Satellites, and Research Section, NOAA (confirmed)
- Brian Israel – Attorney-Advisor, US Dept. of State (confirmed)
- Caryn Schenewerk - Counsel & Director of Government Affairs, SpaceX (confirmed)
- Russ McMurry – Senior Counsel, Boeing Network & Space Systems (invited)
- Franceska Schroeder – Principal, Fish & Richardson (confirmed)
Moderators: Professor Frans von der Dunk –Nebraska Law & Dennis Burnett – Vice-President, Kymeta
12:40-1:30PM Networking Lunch
1:30-2:30PM “On-Orbit Jurisdiction - Perspectives from Different Elements of Space Sector - Views from Property Rights Interests and Sub-Orbital Activities”
- Mike Gold – Chair, COMSTAC (confirmed)
- Peter Marquez – VP for Global Engagement, Planetary Resources (confirmed)
- Marc Holzapfel – Senior VP & General Counsel, Virgin Galactic (confirmed)
- Patti Grace Smith – Principal, PGS Consulting (confirmed)
- Jim Muncy – Principal, PoliSpace Consulting (confirmed)
Moderators: Professor Matthew Schaefer- Nebraska Law & Dennis Burnett – Vice-President, Kymeta
Join the conversation and see conference updates before and during the panels on Twitter @spacecyberlaw and #DCspacecyberlaw
If you have any questions or concerns please contact:
Elsbeth J. Magilton
Space, Cyber & Telecommunications Law Program Executive Director | 402-472-1662 | email@example.com
Chief Justice John G. Roberts, Jr. Video Available Online
Watch the conversation between Chief Justice John G. Roberts, Jr. and Chief Judge William Riley here.
Client Counseling Competition Named in Honor of Professors Frank, Lawson
On the occasion of Professor Alan Frank’s retirement, the Nebraska Law faculty decided to honor him and Professor Craig Lawson by naming the Law College’s Client Counseling Competition the Alan Frank and Craig Lawson Client Counseling Competition. Frank began the College’s participation in the ABA-sponsored national Client Counseling Competition in the spring semester of 1975 and has been involved in the competition ever since. Lawson joined him four years later.
Over those years, Frank and Lawson-coached teams have assembled an enviable record. In 40 years, the College’s Client Counseling Competition teams have won 14 regional championships, 11 of which have occurred in the past 19 years; five national championships, four of which have occurred in the past 11 years and three of which took place in the past six years; and one international championship. The College’s teams have also finished second in the national competition twice and third twice. Its 2014 team finished second in the international competition.
“Craig and I are deeply honored to have the College’s Client Counseling Competition named after us. I can think of no retirement gift that would mean as much to me,” said Frank. “It has been a pleasure to be involved in the competition and to work with the skilled and hard-working students that made the College’s success in the competition over the years possible.”
The naming became official at a lunch held at the Law College on September 27 during Alumni Weekend. Members of several of the previous competition winners were in attendance.
Faculty Speak Across the Country in July, August and September
Several professors from the University of Nebraska College of Law spoke across the country in the late summer months of 2014. Professors Berger, Duncan, Moberly, Schaefer, Shavers and Thimmesch each presented topics specific to their respective areas of expertise.
Professor Eric Berger presented his paper “Lethal Injection Secrecy and Eighth Amendment Due Process” to the faculty at Drake University Law School on September 8. The paper argues that inmates challenging the constitutionality of the execution procedure by which they will be executed should have a due process right to information about the procedure. While there, Berger also gave a talk to the students, faculty, and local bar about recent developments in lethal injection litigation.
Professor Rick Duncan took his religious liberty insights across America in September 2014, from the East Coast to the West Coast. He spoke on the Supreme Court's recent decision in the Hobby Lobby case at University of Pittsburgh School of Law on September 16, Duquesne University School of Law on September 17, UC Davis School of Law on September 23, and BYU Law on September 29.
Professor Richard Moberly served as a panelist on the National Security Whistleblowing for a Workshop on National Security Law, at the Southeastern Association of Law Schools Conference in Amelia Island, Florida on August 5.
Professor Matthew Schaefer moderated the only legal panel at Newspace 2014 on July 25, 2014 in the heart of Silicon Valley. The panel focused on property rights issues, in particular the recent bill introduced by Rep. Posey called the ASTEROIDS Act, how property rights are linked to the issue of on-orbit jurisdiction, and the consistency of proposed US legislation with US international obligations.
Professor Schaefer also presented a paper arguing that space act agreements for space debris remediation technology companies should be explored by NASA in the future at the AIAA Space 2014 in San Diego on August 6.
Professor Shavers spoke on the topic "Negotiating the Power of Words: Creating Space for Human Trafficking in Management Discourse Space for Human Trafficking" at the 74th annual conference in Philadelphia, PA.
Professor Adam Thimmesch presented his paper “Testing the Models of Tax Compliance: The Use-Tax Experiment” at the Oklahoma University Junior Scholars Conference in July and at the Southeastern Association of Law Schools Annual Meeting in August.
Professor Thimmesch also presented his paper “Taxing Honesty” at the at the Big Ten Junior Scholars Conference, also held in August.
Sheppard’s Article to Appear in Popular Patent Casebook
Professor Sheppard's article "Because Inquiring Mind Want to Know - Best Mode - Why is it One-Sided" was cited in the Third Edition of the widely used patent casebook "The Law of Patents." This Craig Nard casebook is a lean yet comprehensive presentation on the law of patents. The casebook features helpful introductory text, technologically accessible cases, detailed comments, comparative and policy perspectives, and statutes. The new Third Edition incorporates the America Invents Act, the most sweeping changes to the patent statute since 1952.
Dority Baker to Blog for AALL
Professor Marcia Dority Baker will be a regular contributor to the American Association of Law Libraries (AALL) Spectrum blog for 2014-2015. Her first blog titled, “We Want You! Why You Should Join Your Local Library Association,” was published on September 9, 2014.
UNL Dedicates Statues of Former Secretaries of Agriculture
Ronnie Green, Harlan vice chancellor of the University of Nebraska's Institute of Agriculture and Natural Resources, led the dedication of statues honoring Nebraska's former secretaries of agriculture on Saturday, September 20, 2014. Clayton Yeutter, '63, was among those being honored.
Yeutter's statue is in the Jeanne Yeutter garden on UNL's East Campus, while the other three are placed in an area bound by the East Union, C.Y. Thompson Library and Filley Hall. With planned renovations to the library and the union, Green said, this Legacy Plaza will become a major focal point on East Campus, where the statues will serve to educate future generations of students about "these four distinguished Nebraskans who have served our country greatly."
Green said the idea for the statues was born during the celebration two years ago of the 150th anniversary of the Morrill Act, which created the land-grant university system. Yeutter and Johanns were among four former ag secretaries who participated in a panel-discussion that fall.
Yeutter expressed appreciation. "I've been a Cornhusker all my life," said Yeutter, a Dawson County native.
Faculty Elected to International Institute of Space Law Board
The International Institute of Space Law (IISL) Board of Directors was voted upon by Institute members in early September 2014. Advisory Board member and Adjunct Professor Dennis Burrnett was elected IISL Treasurer and Professor Frans von der Dunk was elected to an IISL Director position.
According to their purpose statement, "the purposes and objectives of the Institute include the cooperation with appropriate international organizations and national institutions in the field of space law and the carrying out of tasks for fostering the development of space law. It also includes the studies of legal and social science aspects of the exploration and use of outer space and the holding of meetings, colloquia and competitions on juridical and social science aspects of space activities."
The General Meeting of Members convenes once a year during the Colloquium.
Chief Justice John G. Roberts, Jr. Visits College
U.S. Chief Justice John G. Roberts, Jr.’s appearance at the University of Nebraska College of Law Friday, September 19, 2014, drew over 500 people including many reporters and VIPS.
In the conversational-style appearance, Roberts sat in a chair on stage right while he answered prepared questions from William Jay Riley, '72, Chief Judge of the Eighth U.S. Circuit Court of Appeals. Several of the questions had been submitted by students at Oakland-Craig and Wahoo schools, who watched the talk via web streaming.
The event was covered by reporters from ABC News, the Associated Press, and several Nebraska newspapers and broadcasters.
Some of the highlights, according to the Associated Press and Tweets posted during the talk:
- Roberts is worried about partisanship in the judicial confirmation process and the public perception that the court is a political body, the AP reported.http://go.unl.edu/ksim
- He lamented that the “eminently qualified” Justice Elena Kagan was confirmed on an almost strict partisan vote, Joe Duggan of the Omaha World-Herald reported. http://go.unl.edu/jerj
- Jeff Zeleny, ABC News Senior Washington Correspondent, tweeted Roberts’ comment that neither Justice Antonin Scalia nor Justice Ruth Bader Ginsburg could survive confirmation if they went before the Senate today. “Neither one of them would have a chance today. That’s not good.”
- Jenn Schanz of KLKN TV Channel 8 in Lincoln tweeted this quote from the chief justice: “We need to keep the partisan divide on the other side of First Street.”
- Lori Pilger of the Lincoln Journal-Star chose this Roberts quote for one of her Tweets: “We are not part of the political process. We don’t make decisions on political grounds.”
Other highlights recounted on Twitter:
Asked how his undergraduate degree in history influences his work, Roberts quipped “I went to law school because I couldn’t get a job in history.”
His aim is to be fair when he assigns opinions to other justices. Each gets a share of important cases and “dogs,” he said.
When asked what he does for fun, Roberts said “I have two teenaged kids. I go to soccer games, hockey games and school plays.”
Question: “Is being chief justice everything you imagined?” Answer: “More.”
A video of the conversation between Cheif Justice John G. Roberts, Jr. and Chief Judge William Jay Riley is available on the College of Law Alumni Continuing Legal Education and Programming page.
Entrepreneurship Legal Clinic Presents to Local Non-Profit Organizations
Four Student Attorneys in the Entrepreneurship Legal Clinic gave a presentation Thursday, September 18th to representatives of more than 60 local non-profit organizations. The presentation, “Non-Profit Fundraising and the Law,” was hosted by at the Lincoln Community Foundation and Sarah Peetz, Vice President for Community Outreach.
Third-year law students Andrew Joyce, Ashlea Whitney, Aditya Ezhuthachan, and Brianna McLarty offered guidance on legal issues relating to fundraising, including licensing for raffles and lotteries, sales and use tax issues, federal tax issues and record keeping requirements for donors and non-profits. The students also provided information regarding best practices for non-profits in managing their fundraising efforts.
The presentation was given as a part of the ongoing outreach efforts by the Entrepreneurship Legal Clinic at the University of Nebraska College of Law. The Clinic, through the efforts of its Student Attorneys under the direction of Professor Brett Stohs, provides free transactional legal services for start-up endeavors throughout the State of Nebraska. For more information about the Clinic, please visit http://law.unl.edu/eclinic.
Brooks, ’15, Speaks at HRC Nebraska Kickoff
Taylor Brooks, ’15, spoke at the Human Rights Campaign (HRC) Nebraska kickoff reception on September 15th. He shared his experience of being a young gay professional in Nebraska and his aspirations of making the state a place that other young LGBT professional consider for their careers.
Walters, ’70, Selected to The Best Lawyers in America 2015
University of Nebraska College of Law graduate, James M. Walters, was selected by his peers for inclusion in The Best Lawyers in America 2015. Walters is a senior partner in the Atlanta office of Fisher & Phillips LLP, one of the nation’s leading labor and employment firms.
Nebraska Law Students Lead Constitution Day Project
On Wednesday, Sept. 17, students for the College of Law lead more than 2,300 Lincoln Public Schools eighth-graders through a project to celebrate Constitution Day.
The project is part of the college's Community Legal Education Project, a student run organization that focuses on community outreach. The effort included more than 60 volunteers who talked about the importance and history of the Constitution in eight Lincoln middle schools.
"This is the second year we have worked with Lincoln Public Schools on this Constitution Day project," said Chris Schmidt, a second-year law student and event organizer. "The Constitution gets a bad rap for being this ancient and old document, but we try to get the students to realize it is alive and affecting us every day."
To show how the Constitution remains active, Schmidt said the presentations involved current topics, including debates on the need for school uniforms and if freedom of speech applies to social media posts.
"We think the topic of getting in trouble for what you post online will be a good one to get the students' blood going," Schmidt said. "It's going to be fun to show them what the Constitution says and how it even impacts the lives of 13 year olds."
Law students posed the question: Should a school be able to discipline a student for making an inappropriate comment online even if it didn’t happen at school? Some classrooms said yes, some said no, but most agree that cyberbullying is a problem that needs addressed.
The college's Community Legal Education Project provides law students with the opportunity to teach elementary and middle school students about the Bill of Rights, the Constitution and other legal issues. During the spring semester, law students go into local elementary classrooms once a week for six weeks to teach prepared lessons.
von der Dunk Speaking and Chairing at International Astronautical Conference in Toronto
Professor Frans von der Dunk will be presenting, FROM SPACE TOURISTS TO UNRULY PASSENGERS? THE US STRUGGLE WITH ‘ON-ORBIT JURISDICTION’ at the forthcoming Colloquium on the Law of Outer Space organized by the International Institute of Space Law at the International Astronautical Conference in Toronto, on October 1, 2014. Von der Dunk is also chairing the International Academy of Astronautics/International Institute of Space Law Scientific/Legal Round Table on the topic of the increasingly high resolution of space EO data, which combined with increasing location and navigation information provided by satellites, raises new questions regarding the risks and threats of abuse of such data, for example in areas of privacy, human rights and public order (terrorism).
Alumni and Exec Director Magilton Featured in Lincoln City Libraries Campaign
2011 JD alum and Executive Director of the Space, Cyber, and Telecommunications Law programs, Elsbeth Magilton, was featured in the Lincoln City Libraries Idea Place Campaign, Monday September 15th. The campaign seeks to raise awareness of the city libraries and all of their varied resources.
1992 JD alum, Mark Fahleson was also featured by the campaign, on September 8th.
The full poster and the other featured Lincolnites can be viewed at IdeaPlaceLNK.com.
Blankley Blogs on NASCAR Incident
Assistant Professor Kirsten Blankley published an article on the ADR Prof Blog. Blankley provided insights in regard to conflict, mediation and psychology surrounding the recent incident in which NASCAR driver Tony Stewart was involved in a fatal on-track collision with fellow driver Kevin Ward.
Thimmesch Published in Virginia Tax Review
Article by Professor Adam Thimmesch, Trailing Nexus, was published in the Virginia Tax Review. The piece is the first to comprehensively analyze the duration of states' taxing powers and proposes a new economic-latency approach that differs substantially from the policies currently applied by states. The article can be found at 33 Va. Tax Rev. 497 (2014).
Schaefer to Speak at 65th International Astronautical Congress in Toronto
Professor Schaefer to Speak at 65th International Astronautical Congress in Toronto Oct. 1, 2014; Will be Eighth Space Law Speaking Engagement at Major Conference in Past Year
The number of presentations at major conferences made by Professor Schaefer in the past year will grow to eight next month when Professor Schaefer presents his paper on the intersection of space insurance markets with liability regimes for third-parties and space flight participants in commercial space activities to the 65th International Astronautical Congress & 57th International Institute of Space Law (IISL) Colloquium on the Law of Outer Space in Toronto on October 1. Professor Schaefer has previously spoken on space law topics at seven major space law and international law conferences in the past year: ABILA International Law Weekend – Midwest (St. Louis, September 2013); American Branch of the International Law Association (ABILA) International Law Weekend (New York, October 2013); University of Nebraska 6th Annual D.C. Space Law Conference (Washington, D.C., November 2013); International Academy of Astronautics (IAA) Space Exploration Conference (Washington, D.C., January 2014); National Space Symposium (Colorado Springs, April 2014); Newspace 2014 (San Jose, CA, July 2014); and American Institute of Aeronautics and Astronautics (AIAA) Space 2014 (San Diego, CA, August 2014).
Schaefer Presents Paper at the American Institute of Aeronautics and Astronautics Space Conference
Professor Schaefer presented a paper on incentivizing US space debris remediation companies at the American Institute of Aeronautics and Astronautics (AIAA) Space 2014 Conference. The paper argued that space act agreements for space debris remediation technology companies should be explored by NASA in the future at the AIAA Space 2014 taking place in San Diego on August 6.
Schaefer Moderates Property Rights Panel at Newspace
Professor Matthew Schaefer moderated the only legal panel at Newspace 2014 on July 25, 2014 in the heart of Silicon Valley. The panel focused on property rights issues, in particular the recent bill introduced by Rep. Posey called the ASTEROIDS Act, how property rights are linked to the issue of on-orbit jurisdiction, and the consistency of proposed US legislation with US international obligations. The panel session can be viewed at http://www.youtube.com/watch?v=u3S_p0EoPJg
UNL conference in D.C. to focus on broadband regulation
Justin “Gus” Hurwitz, a professor of telecommunications law at the University of Nebraska College of Law, says issues of broadband speed and availability are going to get more challenging for citizens and policymakers in coming years as people around the world become more deeply entwined with the Internet.
A September conference in Washington, D.C., co-hosted by the Nebraska Law’s Space, Cyber and Telecommunications Law program, the Federal Communications Commission and the American Enterprise Institute, will take aim at emerging policy and regulatory issues facing the broadband sector. The Sept. 10-12 event, to be held in the FCC’s main meeting room, will feature a half day of keynote panels that are open to the public, a full day of invitation-only panels, and a final half day public session to hone the overall themes of the conference.
UNL Communications reporter Leslie Reed covered the conference on September 4th, 2014. You can learn more from the FCC press release, posted August 29th, 2014.
Striman presented AALL Recognition Award
Professor Brian Striman was presented a recognition award at the July 2014 Annual Meeting of the American Association of Law Libraries. The award recognizes dedication and leadership for his work as Chair of the 2013-2014 Technical Services Special Interest Section.
McClarty Receives Scholarship from Nebraska Democratic Women's Caucus
Bri McClarty, ’15, recently received a scholarship from Nebraska Democratic Women's Caucus at the Helen Boosalis Inspiring Women luncheon. McClarty was selected for the award based on an essay she wrote on a female elected official or community leader that inspires her to be involved. McCLarty wrote her essay on Nebraska Law alumna Sen. Danielle Conrad, ’03.
National Jurist Names Nebraska Law #2 Best Value
The National Jurist magazine released its annual "Best Value Law Schools" list in its Back to School 2014 edition, ranking Nebraska Law #2 in that list. The rankings take into account the percentage of graduates who pass the bar examination, the percentage of graduates who find employment, tuition, cost of living, and average indebtedness upon graduation. "The College of Law has a consistent history of providing an excellent legal education at an affordable cost. This value provides our graduates with great flexibility in their career choices," said Dean Susan Poser. "We are thrilled to again be recognized for providing this value."
Medill Testifies on the Duties of Employers Who Sponsor Retirement and Health Care Plans
On June 18th Professor Colleen Medill testified before the Department of Labor’s ERISA Advisory Council on the fiduciary responsibilities of employers who sponsor retirement and health care plans for their workers. The ERISA Advisory Council was established as part of the Employee Retirement Income Security Act of 1974 (ERISA) to advise the Secretary of Labor and to make administrative policy recommendations. Medill was invited to testify by Chair Ralph C. Derbyshire, who is the Senior Vice President and Deputy General Counsel for Fidelity Investments.
College of Law Jumps Seven Spots in the U.S. News and World Report’s Best Law Schools to No. 54
Nebraska Law continued its momentum in the new rankings, landing among the Best Law Schools at No. 54 out of 193 U.S. institutions. The seven-spot jump this year follows a 28-spot leap last year. Susan Poser, dean of the College of Law, said it was gratifying – but not surprising – to see such national recognition for the progress the law college has made. “The credit goes to the faculty, who are scholars and teachers who also participate in law reform at the local, state, national, and international levels, and to our innovative curriculum, which prepares students for a wide array of careers,” Poser said.
Crump, ’90, Receives Honor from 8th Circuit Bar Association
Linda Crump, ’90, was honored at the 8th Circuit Judicial Conference on August 7th, receiving the Richard S. Arnold award for Distinguished Service and Lifetime Achievement from the Eighth Circuit Bar Association.
Four Honored at Alumni Council Awards Lunch
The College of Law community gathered on April 11 for its annual Alumni Council Awards Lunch at the Lied Center for Performing Arts. At the luck, the Alumni Council awarded Associate Dean and Professor Richard Moberly the distinguished faculty award; Paige Amundson the Woods & Aitken outstanding student award; Hon. Vernon Daniels the distinguished alumnus award; and, Esther Beynon the outstanding service award.
Recent Graduate Noelle Polk Wins National Association of Women Lawyers Outstanding Law Student Award
Noelle Polk, 14, has been selected to be the University of Nebraska College of Law’s nominee for the National Association of Women Lawyers Outstanding Law Student Award. Along with this award, she will be published in the Women Lawyers Journal as a recipient of the 2014 Outstanding Student Award. Congratulations, Noelle! Thank you so much for enriching our community through your commitment to women’s rights and other noble causes.
Alumnus John Albin Named Acting Commissioner of Labor
Governor Heineman named alumnus John Albin, ’79, as Acting Commissioner of Labor. Albin is currently General Counsel for the Nebraska Department of Labor. Albin is a native of Humbolt, NE and has been with the Department of Labor for more than 24 years, having begun as an administrative law judge in 1990. He joined the Department’s Legal Division in 1993 and became General Counsel in 2000. We wish him well in this new role.
Professor Eric Berger Presents Paper at the Law and Society Annual Conference
On May 30, Professor Eric Berger presented a new paper “The World According to the Court” at the Law and Society Annual Conference in Minneapolis, MN. The paper was presented as part of a panel about “Inequality in the Eyes of the Court.” It explores Supreme Court fact-finding in recent constitutional decisions. Specifically, the paper argues that the Supreme Court aggressively finds facts to support the normative outcome it favors in a variety of constitutional contexts.
Professor Matthew Schaefer Speaks at 30th Annual National Space Symposium
Professor Schaefer spoke on a panel on the radio frequency interference with satellites and its impact on space sustainability in Colorado Springs on May 22, 2014 at the National Space Symposium. The panel was sponsored by the Secure World Foundation and moderated by its President Mike Simpson. Professor Schaefer was the lone lawyer on the panel and suggested some possible legal enforcement mechanisms for international obligations prohibiting harmful interference in response to satellite operators’ increasing frustration with the lack of concrete tools to stop intentional radio frequency interference with satellites. For more, see Professor Schaefer’s inaugural blog on his new blog at schaeferlaw.wordpress.com to address legal issues connected with Space, Cyber, High-Tech, Aerospace, EU-US Relations, Free Trade, Export-Import Regulation, and Radio Frequency Interference.
Former General Counsel for NPR Addresses Graduates
Terri Minatra, former general counsel for NPR, was the keynote speaker at the College of Law’s commencement exercises on May 10th. As general counsel, Minatra managed and directed all legal services for NPR, working with the various business units to achieve corporate strategy while protecting the interests of the organization.
Safarik to Argue Before Nebraska Supreme Court
3L Sarah Safarik will argue a case, State v. Mamer, before the Nebraska Supreme Court on April 30. Safarik is a student in the College’s Civil Clinic and has this opportunity as a result of her time there. Civil Clinic students represent clients under the supervision of Professors Kevin Ruser and Ryan Sullivan.
Criminal Clinic Partners with Forensic
A semester-long investigation of a staged crime scene culminated this week with testimony in a mock court case.The case is a collaboration between students in the UNL forensics program and the College of Law criminal clinic. Professors Larry Barksdale, Ashley Hall and Steve Schmidt lead the project, which allows forensic students to collect and analyze evidence from the mock crime scene, while College of Law students conduct direct and cross examinations of witnesses in the fictional case of State of Nebraska vs. Rodney Cliffe. Read More.
Professor Hurwitz and Alumni Sara Morris Quoted in Communications Daily
On April 24th Professor Gus Hurwitz and 2010 alumni Sara Morris wre both quoted in the Communications Daily regarding Net Neutrality.
Students Volunteer at the Nebraska Science Festival
The Space, Cyber, and Telecommunications Law program sponsored a booth at the Nebraska Science Festival expo at the Strategic Air and Space Museum on April 24-25th. On Day One Executive Director Elsbeth Magilton was joined by 2L Danielle Miller and LLM student Jason Keen talked to kids about orbital debris at the Strategic Air & Space Museum. Day Two LLM student David Cromwell and 1L student Peng Li volunteered. Students used a model of the earth and our atmosphere to try to simulate a shuttle, a rocket, or a large satellite reentering earth's atmosphere without hitting any "space junk!"
Von der Dunk interview with The Verge
Thursday April 4th 2014 Professor Frans von der Dunk was interviewed for the article NASA's breakup with Russia is a Manipulative Money Grab written by The Verge writer Arielle Duhaime-Ross. In the interview von der Dunk discusses the historical and ongoing relationship between the U.S. and Russia in regards to space exploration.
Schmidt to Give Final S.T.I.R. Talk of 2013-14
Professor Steve Schmidt will give the final S.T.I.R. talk of the semester on Thursday, April 17 at 4:30 p.m. Schmidt’s talk is entitled, “Why Mexico Matters.” Refreshments and conversation will begin prior to the lecture beginning at 4:00 p.m. in the Student Lounge.
Joseph, Tast Place 2nd in International Client Counseling Competition
2Ls Katie Joseph and Rick Tast represented the United States at the Brown Mosten International Client Consultation Competition held April 9-12 in Puerto Rico. Coached by Professor Alan Frank and Professor Craig Lawson,the team placed second in the competition. “We are so proud of Rick and Katie,” said Dean Susan Poser. “They represented the College and the nation incredibly well.”
SBA Hosts Mental Health Week
The Student Bar Association is hosting events to recognize Mental Health Week, March 31-April 5, 2014. Events include an ice cream social, massage therapy sessions, and yoga. The week culminates on April 5th at SALDF’s Second Annual Laws 4 Paws 5k run/walk. Details for all of this week’s event can be found in the Sounding Block.
Professor Frans von der Dunk Speaks at Ouffutt Air Force Base
On February 5th Professor Frans von der Dunk delivered a keynote address at the 17th Annual FAA Commercial Space Transportation Conference. He discussed commercial space flight and the changing industry. An audio recording of the address is available via Space Ref.
Professor Schaefer’s Op-Ed on Commercial Space Liability Appears in Orlando Sentinel February 11
Professor Schaefer presented his views on commercial space liability based on his White Paper to the editors of the Orlando Sentinel on February 11, 2014. The op-ed in question and answer format appeared in both the print version (shorter) and online versions of the paper. The lengthier version is available online.
Schaefer Makes Presentation to International Academy of Astronautics
Professor Matthew Schaefer presented the White Paper he authored on commercial space liability issues to the IAA Space Exploration Conference on January 9, 2014. The paper called for an immediate extension of the third-party liability government indemnification regime. As Congress reexamines the Commercial Space Launch Amendments Act in the coming year, the paper calls for Congress to create a third-party liability cap and for space flight participants to be subject to the full federal cross-waiver regime. It also recommends the US government engage in international negotiations to clarify and enhance liability protections.
Professor Hurwitz Submits Comments to the House Energy and Commerce Committee
At the end of January Professor Hurwitz helped prepare comments submitted to the House Energy and Commerce Committee in response to a white paper the Committee release earlier this month to begin consideration of a revision to the Communications Act. The first set of comments (available here; discussed here) were drafted by a group of scholars affiliated with AEI. The second set of comments (available here) were drafted by a group of scholars (including Richard Epstein, Jim Speta, and Christopher Yoo) affiliated with the Free State Foundation. Both sets of comments argue that Congress should move away from the silo-based, technology specific regulation of the current Act, replacing it with technology-neutral, competition-oriented regulations. The AEI comments argue that, like the airline and railroad industries before it, the communications industry no longer needs a standalone regulator, such that the various functions and resources currently housed in the FCC should be reassigned to the Commission's various sister agencies.
Professor Schaefer’s White Paper on Commercial Space Industry
Professor Matthew Schaefer wrote an influential White Paper that addresses liability protections for the US commercial space industry. The paper highlighted the immediate need for an extension of US government indemnification for third-party liability of commercial space launch operators. The paper was the focus of the Law College’s 6th Annual Washington, D.C. Space and Cyber Law conference in November 2013. It was distributed in early December 2013 to members and staff of the Senate Commerce and House Science Committees as well as the FAA, NASA, and Office of Science and Technology Policy at the White House. Professor Schaefer presented it at the International Academy of Astronautics Space Exploration Conference in Washington, D.C. on January 9, 2014 and was quoted in Space Politics.com on the issue. On January 15, 2014, a three-year extension of the government indemnification regime for third-party liability was passed by Congress and was signed into law a day later by President Obama.
Professor Frans von der Dunk and Professor Steve Willborn provided comments on the paper, as did Giugi Carminati (LL.M. ’12) and friend of the program Cleveland-Marshall law professor Mark Sundahl, that were very helpful to the final product. Sandra Teichert, LL.M. class of 2014, served as Professor Schaefer’s research assistant on the project.
Telecommunications Expert Professor Gus Hurwitz Weighs in on Net Neutrality Decision
Tuesday Januray 14th the D.C. Circuit Court of Appeals made a decision in Verizon v. FCC. The decision rejected the Open Internet Order's no-blocking and non-discrimination rules. Professor Gus Hurwitz weighed in on the decision on The Free State Foundation blog and Real Clear Markets.
Beard Honored by Department of Defense
Professor Jack Beard was awarded a medal for exceptional public service by the Office of the Secretary of Defense on November 6. Beard was presented with the medal during the College's annual Space, Cyber, and Telecommunications Law Conference which was held in Washington, D.C., on November 5-6. Prior to joining the faculty, Beard spent part of his career as the Associate Deputy General Counsel (International Affairs) i the Department of Defense. As a result of his relationship with the Department, a student participates in an externship with the Department that is exclusive to Nebraska Law.
Nebraska Law International Faculty at ABILA
Several members of the faculty and administration at The University of Nebraska College of Law attended the American Branch of the International Law Association (ABILA) and the International Law Students Association (ILSA) annual International Law Weekend (ILW) conference in New York City last week, October 24-26th. The annual event brings together hundreds of practitioners, law professors, and students. The theme of the 2013 conference was “International Law and Legal Practice.” Professor Jack Beard was a co-chairman of the conference and also spoke on the “Rethinking the Rules for Conflict and Competition in Cyberspace” panel, which examined evolving cyber threats to governments and businesses and reevaluated the rules that may govern them. Professors Matt Schaefer and Frans von der Dunk spoke on “Complexities of Regulating the Outer Space Domain by Analogy to Legal Regimes in the Other Four Domains,” where they compared existing legal regimes to the developing space law regime. Human trafficking expert Professor Anna Shavers spoke on “Combatting Human Trafficking Through International Law.” Professor Brian Leopard also attended the conference, led a committee meeting, and visited United Nations Officials during the conference. Executive Director of graduate programming, Elsbeth Magilton, met with JD students from across the world and discussed all that the Nebraska Law faculty has to offer.
2013 Alumni Giugi Carminati Writes Five Article Series For Space Safety Magazine
Nebraska Law's first online LL.M. graduate Giugi Carminati is writing a five article series for Space Safety Magazine. The articles aim to explain and teach space law principles to non-attorneys.
Giugi's first article is already available online and discusses assumption of risk principles.
Professor von der Dunk Lectures at the Xi'an Jiaotong University Law School in China
September 29th and 30th, Professor von der Dunk visited the Xi'an Jiaotong University Law School after attending the 64th International Astronautical Congress (IAC) in Beijing, China. He provided an Introduction to Space Law and lectured on National Space Legislation and International and U.S. Law on Export Controls of Dual-Sensitive Goods.
Photo by Peng Wang.
Program's First Alum, Jeffrey Nosanov, Quoted in Forbes and The Guardian
2009 alum Jeffrey Nosanov appeared in The Guardian and Forbes magazine in September. Nosanov spoke with a Forbes writer on the possibility of interstellar space travel. He spoke with The Guardian on a similar topic regarding NASA's Starship Project.
Jeff Nosanov is a NIAC Fellow at NASA's Jet Propulsion Laboratory, near Los Angeles, and was the first ever graduate of the Space, Cyber, and Telecommunications LL.M. program.
Professor Schaefer to Speak on Commercial Space Law Issues to NYU International Law Society
Posted September 24, 3013 - NYU Law School will be hosting Professor Matthew Schaefer for a talk on commercial space issues, including liability issues connected with third parties and space flight participants, and possible new commercial markets of space debris removal and mining on September 26th. The talk will be the third at a law school this month for Professor Schaefer, who spoke previously at USC and the University of Florida. UNL Law College has LL.M. numerous alums working in California (including SpaceX, NASA JPL, Vandenberg AFB) and New York (including McKinsey and private law practice).
Schaefer Presents at the American Branch of the International Law Association’s International Law Weekend with Alum Giugi Carminati
Professor Matthew Schaefer organized a panel on “Regulating and Incentivizing Commercial Space Activities” for the ABILA International Law Weekend Midwest taking place at Washington University in St. Louis Law School September 20, 2013. Also presenting on the panel will be online LL.M. alum (’13) Giugi Carminatti (speaking on state liability immunity legislation for commercial space operators) and friend of the program Professor Mark Sundahl of Cleveland Marshall College of Law (speaking on ITAR and the Space Assets Protocol). Professor Schaefer’s presentation will focus on commercial space liability issues and space debris removal. For more information on the ABILA International Law Weekend Midwest, go tohttp://law.wustl.edu/harris/ilw2013/
Professor Schaefer Speaks to University of Florida International Law Society on Commercial Space Law
Professor Matthew Schaefer gave the inaugural academic year guest lecture to the University of Florida Levin College of Law International Law Society on September 18. Approximately 30 students attended the lecture that gave an introduction to the major space law treaties and US federal and state laws and regulations governing commercial space activities. The lecture looked at the implications of the treaties and laws for human space flight, third party liability issues, and mining. Florida is one of six states that has enacted liability immunity legislation for commercial space operators.
Florida Law Online dicussed the event on their News Briefs page.
Director and Alum Present Together at USC on Commercial Space
Professor Matthew Schaefer, 2009 LL.M. Alum Julie Jiru, of SpaceX, and Rita Lauria, an adjunct professor at USC, will gave a joint talk on commercial space law issue to the University of Southern California Law School Space Law Society on Wednesday September 11. Julie discussed Space Act Agreements and contracts between NASA and commercial space entities. Professor Schaefer discussed third party and space flight participant liability issues connected with commercial space activities. You can learn more about the discussion in the Daily Trojan article covering the event.
Alumni Moderates New America Foundation panel on CSPAN-2
On September 5th, Alumni Sarah Morris (2010) moderated a panel on the Federal Communications Commission’s Open Internet Order, livestreamed by The New America Foundation and broadcast on CSPAN-2. The event brought "together experts to discuss their vision for a modern regulatory framework that is rooted in longstanding principles and also reflects the realities of an emerging broadband, IP-based communications infrastructure." The New America Foundation live recording is availble on their website. The New America Foundation invited the public to join this important conversation on telecommunications on twitter using the hashtag #OpenInternet.
Professor and Program Director Schaefer Discusses Legality of Asteroid Lassoing with Space.com
Professor Schaefer's shared his views on the laws surrounding NASA's asteroid lasso plan with Space.com's Leonard David on August 30th. The article discussed whether NASA can legally go forward with the asteroid lassoing plan they announced this year.
Media Coverage of New J.S.D. Program
Following University Communications release of the College of Law's plan to launch a J.S.D. program in Space Law, the program received coverage from the Omaha World Herald, local broadcast station 1011 News, and Omaha broadcasters WOWT. News quickly left Nebraska and the program has been featured by such notable news out lets as The San Francisco Cronicle, The Miami Herald, and NewsObserver.com. Internationally, the new JSD program was featured in the Brazilan Jornal da Ciência (Journal of Science) in August. The program is supervised by Professor Frans von der Dunk.
LLM Alumni published in the Denver Law Review Online
On August 16th Nebraska Law Space, Cyber, and Telecommunications LLM Alumni April Greene Apking was published in the Denver Law Review Online Supplement. Her article, A Step In The Right Direction: Colorado's First Space Legislation, studies Colorado's legislation and it's limitation on private industry liability. Congrats April!
College of Law Launches Doctoral Program in Space Law (J.S.D.)
UNL will be the only U.S. law school to offer both an LL.M. and J.S.D. in space law. The J.S.D. program will break new ground as the only doctoral-level space law program in the United States, said Matthew Schaefer, professor of law and director of the college's Space, Cyber and Telecommunications Law program.
Research-focused and dissertation-based, the J.S.D. program in essence will require students to write a book about an aspect of space law, such as regulation of satellite communications or liability issues relating to commerce in space. Students will play a pioneering role in developing the field of space law.
University Press Release
Hurwitz participated in the TOTM Blog Symposium: Regulating the Regulators.
Professor Gus Hurwitz participated in the Truth on the Market Blog Symposium: Regulating the Regulators. The symposium discussed unfair methods of competition (UMC) authority under Section 5 of the FTC Act. One of Professor Hurwitz's posts on the application of Chevron deference to Section 5 of the FTC act can be viewed here.
Magilton Spoke on Space Law at The Omaha Science Fiction and Education Society Convention
Program Executive Director Elsbeth Magilton sat on panels with Creighton physicist Gintaras Duda, Booz Allen Hamilton consultant and retired Air Force Officer Wade Watts, and Omaha attorney and shareholder at Copple, Rockey, McKeever & Schlecht, P.C., L.L.O., Matt McKeever to discuss Space Law and military presence in space on July 27. Topics included state liability for private activity, rescue and return agreements under the Outer Space Treaty, and the use of nuclear power sources.
Executive Director Magilton named one of Lincoln's '20 Under 40'
On June 9 Elsbeth Magilton, Executive Director and Nebraska College of Law alumnae, was named one of Lincoln's 20 Under 40 by a panel of judges assembled by The Lincoln Journal Star. The group called for nominations to select young people in Lincoln who show dedication to their profession, are role models to their peers, and are active volunteers in the community. Magilton is the youngest professional to receive the honor in 2013. Two other University of Nebraska emloyees in other colleges also received the honor, out of 52 total nominations.
Congratulations to all of the 2013 '20 Under 40' honorees!
Poser & von der Dunk Present in Luxembourg
Professor Frans von der Dunk and Dean Susan Poser recently attended the Luxembourg Workshop where the topic of the workshop was "Satellite Communication and Dispute Resolution". Professor von der Dunk presented a paper on the Permanent Court of Arbitration's new satellite dispute resolution rules, and Dean Poser presented a paper on the intersection of tort law and federal and state law regulating U.S. satellite operators. The conference was co-hosted by the University of Luxembourg and the Max Planck Institute for International, European and Regulatory Procedural Law.
Frans von der Dunk quoted in Financial Times Article on Entrepreneurs in Space Tourism
Professor Frans von der Dunk spoke with Financial Times writer Alicia Clegg for her July 29th article 'When Gravity is No Obstacle.' Frans discussed whether passengers embarking on space tourism expeditions can give informed consent to the risks involved, saying “If a [spacecraft] is flying after only a few test flights, it’s questionable whether passengers can give informed consent, as there is virtually no data to assess risks on.”
Nebraska Law Manfred Lachs Moot Court Team Places in Quarter Finals
The 2013 Manfred Lachs Space Law Moot Court Competition was held March 22-23rd in Washington DC at the Georgetown Law College. Nebraska Law 2L Corey Rotschafer and LL.M. student Adam Rouse placed in the Quarter Finals in the competition. The 2012 team placed in the Semi-Finals and in 2011 the Nebraska Law team won the award for best breif. The team was coached by Professor Frans von der Dunk.
ABA Journal article features LL.M. Alumna, Current Student and Professor
The American Bar Association Journal article, Space Law is Taking Off, features insights from current online student Maria-Vittoria "Giugi" Carminati, 2012 alumna Jenifer Lamie, and space law expert, Professor Frans von der Dunk. Lamie says, “We are at the very beginning of a completely new, very sexy and incredibly challenging industry that will push the limits of human ingenuity... If we can tailor the laws regulating the industry to foster growth—without being too overly sensitive to the inherent risks involved—I don’t see any limits to what we can accomplish in the future.”
Professor von der Dunk Quoted on Property Rights in Asteroid Mining
January 22, 2013, Professor Frans von der Dunk was quoted in a Christian Science Monitor article by Peter Spotts, Asteroid mining: Second company announces plans. Time to stake a claim? von der Dunk discusses the need for "a sensible and balanced regime" for exploiting space resources is well in advance of "the first actual activities."
Beard named Co-Chairman of the 2013 International Law Weekend (ILW)
The International Law Weekend of the American Branch of the International Law Association (ABILA), which will be held in New York City on October 24-26, 2013, is the premier international law event of the fall season.
The event attracts an audience of more than one thousand practitioners, academics, diplomats, members of the governmental and nongovernmental sectors, as well as foreign policy and law students who are learning about the range of practice and career opportunities.
Lincoln Journal Star Covers Annual Conference
On May 2 Lincoln Journal Star reporter, Corey Matteson, covered the Space, Cyber, and Telecommunications LL.M. program, discussed progess in the manned spaceflight industry, and highted the 7th Annual Space and Cyber Law Lincoln Conference.
Matteson noted that Professor von der Dunk was one of three panelists who discussed the impact of the commercial space industry and went on to emphasize the growth of the program.
Professor Campbell Speaking at 2012 Advanced Communications Summit
Adjunct Professor Fred Campbell will be speaking at the Advanced Communications Summit 2012, hosted by the Advanced Communications Law and Policy Institute (ACLP) at New York Law School in Philadelphia, December 11-12, 2012. The ACLP's mission is to promote robust and solution-focused dialogues amongst state and federal policy makers, industry, academe, the financial community and consumers concerning changes to the state and federal regulatory regimes governing wireline, wireless, broadband and IP platforms.
Laws of Spaceflight Text Receives More Press
Current student Maria-Vittoria Carminati (Giugi) and alumni Jenifer Lamie, '12, co-authors of "The Laws of Spaceflight: A Guidebook for New Space Lawyers." received more praise and press in a Law.com article, "Do You Have Right Stuff to be a Space Lawyer?" The article focuses on their love of space and Giugi admits "I'm fundamentally a nerd."
Professor von der Dunk invited by United Nations to speak in Buenos Aires
Upon the invitation of the United Nations Professor Frans von der Dunk was in Buenos Aires to present at the United Nations/Argentina Workshop on Space Law November 5-8, 2012. He spoke on 'Responsibility and Liability for National Space Activities' and 'Legal Aspects of GNSS Applications - The Case of Liability' as well as educated attendees about the Space, Cyber, and Telecommunications LL.M. program.
Professor Campbell Participates in 4G World Conference in Chicago
Adjunct Professor and Nebraska Law Alumni, Fred Campbell spoke at 4G World on October 29th. Professor Campbell's sessions included: Global Digital TV Migration Liberating 700 MHz for Mobile Broadband, participation in a Executive Round-table on Global and Regional 4G Spectrum Alignment, and a "fireside chat" with FCC Commissioner Pai.
Professors Featured on ABILA International Law Weekend Panel
October 25th-27th Professors Matt Schaefer and Frans von der Dunk spoke on the ABILA International Law Weekend Panel. The panel, titled Resource Management in Common (Non-Sovereign) Areas: Law of the Sea and Space Law Compared, focused on discussion of the legal and economic implications for space exploration and exploitation of the
Common Heritage of Mankind concept in the Moon Agreement and in UNCLOS, rights to mine, responsibilities to share, and regime characteristics.
Contract to Expand Interaction Between U.S. Military and College of Law's Space, Cyber and Telecommunications Law Program
A partnership between NU and the United States Strategic Command, based at Offutt Air Force Base, created a University-Affiliated Research Center. "The UARC will allow the program to further fulfill U.S. government needs through additional research, conferences and training programs," Program Director Professor Matt Schaefer said said to Newsroom Announcments. "Since military space, civil space, and commercial space activities all have national security implications, the program will continue to focus on issues facing all these arenas of space activity."