Schaefer and Burnett Sign Letters Read into Congressional Record
On May 21, the House of Representatives passed four space bills, including HR 1508 – the Space Resource and Utilization Act (HR 1508). During committee consideration of the bill, a letter by Professor Joanne Gabrynowicz claimed portions of the Bill violated US obligations under the Outer Space Treaty, specifically Art. II. In response, prior to full House consideration of the bill, Nebraska Law Professor Matthew Schaefer, Nebraska Law Space, Cyber and Telecommunications Advisory Board Vice-Chair and Adjunct Professor of Law Dennis Burnett, and three others submitted letters rejecting that claim and providing analysis of why HR1508 (and its companion bill S. 976) is fully consistent with US international obligations under the Outer Space Treaty. The letters were quoted on the floor by Rep. Posey (R-WA) and placed in the Congressional Record on May 21, 2015 at page H3518 et seq. Another bill passed by the House that day has a provision that would extend the promise of government indemnification for third-party liability claims exceeding the Maximum Probable Loss until 2025. Professor Schaefer’s White Paper for Nebraska Law’s Seventh Annual DC Conference (Nov. 2013) and his accompanying article in the Berkeley J. of International Law recommended a long-term extension of the promise of government indemnification if a pure liability cap was not enacted.
Denicola Featured in Intellectual Property Essay
Three articles written by Professor Rob Denicola were featured in Lost Classics of Intellectual Property, an essay written by University of Pittsburgh professor Michael Madison. The essay was written to provide information to junior scholars about the most important intellectual property articles that were written before 1985.
In total, 73 articles made the list. Among them were one trademark and two copyright articles written by Denicola.
- Copyright and Free Speech: Constitutional Limitations on the Protection of Expression, 67 CAL. L. REV. 283 (1979)
- Applied Art and Industrial Design: A Suggested Approach to Copyright in Useful Articles, 67 MINN. L. REV. 707 (1983)
- Trademarks as Speech: Constitutional Implications of the Emerging Rationales for the Protection of Trade Symbols, 1982 WIS. L. REV. 158
Willborn Publishes Yearbook of Comparative Labour Law Scholarship 2014
Professor Steven Willborn's book, Yearbook of Comparative Labour Law Scholarship 2014, was released this week. The book brings together a wide range of cutting-edge research and analysis on labour and employment law themes from around the world, chosen from the pages of the member journals of the International Association of Labour Law Journals. A collaborative project of that Association and the International Society of Labour and Social Security Law, this edition of the Yearbook — the inaugural volume in an annual series — spans contributions from eleven countries across five continents. The contributions deal with such diverse subjects as labour trafficking in China, the impact of austerity measures on labour law systems within the EU, so-called "right to work" initiatives in Canada, freedom of movement for migrant workers in the ASEAN states, recent trajectories in the framework of Australia’s labour law, and many others. Written by renowned scholars in the field, the papers in the Yearbook reflect the critical and growing importance of comparative and international perspectives on labour and employment law in an era of globalization.
Joseph Awarded Koley Jessen Entrepreneurship Award
The Entrepreneurship Legal Clinic Board of Advisors named Katie Joseph the 2015 recipient of the Koley Jessen Entrepreneurship Award.
Joseph graduated in May with the Class of 2015. During her time at Nebraska Law, Joseph served on the Faculty Grade Committee and Faculty Lectureship Committe; was the managing editor of the Nebraska Law Review; president of both the Women's Law Caucus, and The Defense Research Institute; participated in the Client Counseling Competition winning the national championship and placing second in the international competition; and spent a semester as a student attorney in the Entrepreneurship Legal Clinic.
The Koley Jessen Entrepreneurship Award was established to recognize Entrepreneurship Legal Clinic students who have demonstrated exceptional legal skills, provided outstanding service to clients and furthered the mission of the Clinic. The firm was founded in 1988 with a vision of creating an environment that would foster trust and teamwork. Through the years, their guiding principles of integrity, client focus, and integrity have created the environment they envisioned years ago. Don Swanson, a partner in that firm, was instrumental in creating the endowed fund for this award.
Leiter Contributed Chapter to Book for Academic Law Librarians
Professor Richard Leiter contributed the chapter, " Law Librarians' Roles in Modern Law Libraries," to Academic Law Library Director Perspectives: Case Studies and Insights, a book edited by Michele Wu, Professor & Law Library Director at Georgetown University.
The chapter discusses the way that the shift from print to electronic collections and materials is changing many of the ways that libraries do things, but doesn’t fundamentally change what we do. The chapter highlights changes to management, research instruction and reference services; and, concludes that in many important respects, the more things change, the more they remain the same.
Berger Discusses Nebraska Death Penalty Law as Nebraska Legislature Debates
On Friday, the Nebraska Legislature debated LB 268, a death penalty repeal bill. Professor Eric Berger attended the debate, and did interviews with several media outlets.
NBC News: 'Boys Don't Cry' Mom: Keep Nebraska's death Penalty
Lincoln Journal Star: Ricketts: state has bought death penalty drugs
Omaha World Hearld: Nebraska's death penalty teeters toward repeal as final vote looms
Nebraska Radio Network: Legislators return to debate on repeal of death penalty (AUDIO)
Professor Schaefer Inducted as Corresponding IAA Member at Ceremony at SpaceX Headquarters
In a ceremony on May 8 that featured the induction of SpaceX Founder Elon Musk as a full member of the International Academy of Astronautics (IAA), Professor Schaefer and two others were inducted as corresponding members of the IAA at a IAA regional meeting at SpaceX facilities in Hawthorne, CA. The IAA was founded in 1960 through the efforts of legendary rocket developer Theodore von Karman. Professor Schaefer was recognized for his contributions to the establishment of the USA’s first degree bearing program in space law (combined with cyber and telecommunications law) and his outreach to government and the private sector on matters of importance to the space sector. He presented a paper on commercial space liability at the conference prior to the IAA’s Heads of Space Agency Summit in Washington, D.C. in January 2014.
Pearlman Elected to Special Interest Section for American Association of Law Libraries
Professor Stefanie Pearlman has been elected the Chair-Elect of the Social Responsibilities - Special Interest Section of the American Association of Law Libraries (AALL).
The Social Responsibilities Special Interest Section (SR-SIS) of the AALL addresses issues of social change and social responsibility that are of concern to AALL members by sponsoring education programs at the Annual Meetings and through the introduction of resolutions. Three active standing committees: Law Library Services to Prisoners and the Standing Committee on Lesbian and Gay Issues, and Standing Committee on Disability Issues contribute to the work of the SIS.
Nine Students Selected for the Order of the Barristers
Nine 3L students have been selected for the University of Nebraska College of Law chapter of Order of the Barristers. This honorary recognizes 3L students who have demonstrated outstanding ability in the preparation and presentation of moot appellate argument. The students selected are: Michael Boal, Sarah Clark, Katherine Doering, Brian Fahey, Titus Hattan, Mark Seda, Audrey Svane, Jacob Tewes and Meridith Wailes.
Hinkins, '07, Named Attorney to Watch
Litigator Jake Hinkins was encouraged to attend law school while serving on an LDS mission. “I enrolled in a business law course and loved it,” he said. Throughout law school, Hinkins still seriously considered remaining in the business world. After clerking and working in a civil clinic, however, he became enamored with the practice of law and the strategy involved in litigation.
Today, Hinkins has his own boutique litigation firm, Anderson Hinkins LLC. “We enjoy being in the courtroom,” he said, “fighting zealously for our clients.” After he launched the firm in 2009, he became very focused on personal injury and business cases. “I soon realized the aspect I enjoyed most was litigation,” he said. “So, I expanded my practice and hired additional attorneys.”
The firm focuses on bankruptcy, business, criminal, family, personal injury, probate and workers’ compensation litigation.
With a host of mentors, including, David Allred, McKette Allred, Jeff Gooch, Rich Humpherys, Tim Lewis, David Olsen, Kevin Ruser, Derek Snow and Mark Tanner, Hinkins knows that he wouldn’t be practicing in his own firm without them and many others who have helped him along the way. Of particular importance was the constant encouragement of his family members who have always made him feel like he could accomplish anything.
While working at an insurance defense firm, Hinkins drafted a summary judgment motion in a case where the client had already offered a significant six-figure settlement. After being granted summary judgment, Hinkins recalled, “I remember thinking winning that motion was a fairly big deal. Their response, however, was fairly nonchalant and the client saw it as business as usual.”
It was that case that encouraged Hinkins to represent individuals and small to midsize businesses. “I want to be able to interact personally with my clients,” he said. And, in his practice, he has the pleasure of working closely with his clients. “I’m committed to creating a law firm that provides excellent legal service and a flexible work atmosphere for my employees,” he said.
In looking to the legal industry as a whole, Hinkins notes that he appreciates the judges who follow the letter of the law. “I believe most of our judges really try to do that, but it is frustrating when a judge takes an outcome determinative approach and does not necessarily apply the law before a decision is reached,” he said.
“I also believe our justice system and society at large would benefit greatly by utilizing a family law court, with family law judges, which could streamline decisions that have such a personal and direct impact on families.”
As Hinkins and his firm prepare for 2015, he is excited to share that they now have attorneys in the firm who are licensed in Utah, Wyoming, Colorado and Nebraska. This will allow the firm to expand into those states. “I will also be offering mediation services in the near future,” he said. “I’m excited to approach law as a mediator. I think it will be a great opportunity to interact with attorneys in a different capacity.”
Outside of the office, Hinkins spends time with family and serving his community and church. “We spend the summer boating and hiking and take to the slopes in the winter,” he said. “I’m an avid outdoorsman and recently took a Boone & Crockett Moose.”
For more information, visit www.andersonhinkins.com.
Story via Attorney at Law Magazine, Greater Salt Lake City Edition.
Nebraska Law Alumni Win Nebraska Lawyers Foundation Visionary Awards
The Nebraska Lawyers Foundation recognized two outstanding Nebraska Law alumni and members of the Nebraska legal community at the Barrister’s Ball held Saturday, April 18, in Omaha.
Avis Andrews received the Robert Spire Award for pro bono service, and Mike Kinney and Danielle Conrad received Visionary Awards. The ceremony is part of an annual fundraiser for the Nebraska Lawyers Foundation.
Avis Andrews, Spire Award
At the award ceremony, Avis Andrews of Fremont, Nebraska, received the Robert M. Spire Award, which recognizes outstanding contributions by volunteer lawyers who provide pro bono legal services to the poor.
The award is named for Robert M. Spire, Volunteer Lawyers Project founder. VLP matches indigent people in need of civil legal representation with lawyers willing to do pro bono work.
Program records show Andrews accepted eight cases in the last two years and 58 cases since 2001. Most cases dealt with family law issues, custody issues, and divorce involving domestic violence.
VLP Director Jean McNeil expressed appreciation for Andrews’ service. “VLP greatly appreciates her work and support,” said McNeil. “She’s always eager to help and rarely turns down a request for assistance. We need more volunteers like her.”
Andrews, a UNL College of Law graduate, says that not everyone can afford an attorney and that it’s important that lawyers do what they can to help. “Sometimes people are in pretty desperate situations,” said Andrews, “and it’s unfortunate, but you get to help them. You also get a better sense of what some less-fortunate people face in day-to-day life.”
Danielle Conrad, Visionary Award
Danielle Conrad, former state senator and current Executive Director for ACLU Nebraska, also received the esteemed Visionary award at the Barrister’s Ball.
Conrad was recognized generally for her efforts in helping the state bar achieve its mission, and in particular for her role in helping establish the Loan Repayment for Rural Practitioners Program.
In 2014, Conrad and a few of her fellow legislators sponsored a legislative bill that would provide loan forgiveness assistance to law graduates who choose to practice in rural areas of the state, or who choose public interest law jobs.
Rural areas of Nebraska suffer from a lack of qualified attorneys. A 2012 study by the NSBA found 12 counties with no lawyers and 49 counties with ten lawyers or less.
“All Nebraskans have a right to access justice," said Conrad. "By providing support to rural practice and public interest attorneys, we can ensure more Nebraskans’ basic legal needs are being met.”
Conrad was also recognized for her efforts to ensure appropriate funding for the judicial branch, for working on judicial redistricting, and for her work on promoting law for the public interest.
Conrad said about working with NSBA staff, “It’s always been a pleasure working with them…whenever the opportunity presents itself.”
Conrad graduated from the University of Nebraska-Lincoln College of Law in 2003 and served on the Nebraska State Legislature from 2007–2015.
College of Law graduates outpace nation in employment success
The University of Nebraska College of Law’s graduating class landed jobs in numbers well above national levels in 2014 — the fourth consecutive year the college’s employment placement rate has been well ahead of U.S. trends.
In its annual report on employment placement rates of recent law-school graduates, the American Bar Association recently stated that nationwide, 71 percent were employed in long-term jobs that either required or preferred a law degree.
At Nebraska, the rate was 87 percent – and it came as no surprise to Susan Poser, dean of the college.
The college has a record of outperforming national levels, she said.
“We are very proud of the accomplishments of our students and their ability to take the well-rounded education at Nebraska Law to find successful career paths in a wide variety of settings,” she said.
The ABA figures focused on graduates within 10 months of receiving their degrees. Nebraska graduates were placed in jobs both within the state and across the nation, including placements in state and federal government positions and at local, national and international firms, Poser said.
Nebraska Law offers a traditional curriculum interspersed with cutting-edge courses, such as International Law in the first year, an Entrepreneurship Clinic for third-year students, and the opportunity for students to tailor their program in their second and third years to develop expertise in one or two specialized areas of the law, Poser said.
“These consistently outstanding employment statistics demonstrate that law remains an excellent career choice, and first-rate legal education can be obtained at a very reasonable cost and lead to great outcomes at a state-supported institution like the University of Nebraska,” Poser said.
Shoemaker has Article Accepted by Pepperdine Law Review
Assistant Professor Jessica Shoemaker's most recent article, Emulsified Property, has been accepted for publication by the Pepperdine Law Review. The article analyzes the complex property and sovereigty institutions within modern American Indian reservations through the lens of mixed tenure (fee and trust co-ownership) properties.
Nebraska Law Hosts International Client Consultation Competition
The University of Nebraska College of Law will host teams of law students from 20 countries during the Louis M. Brown/Forrest S. Mosten Client Consultation Competition from April 15-18.
The Brown-Mosten competition is an international contest in which participating teams use client-interviewing techniques to assess a mock client's legal claims and provide advice. The competition emphasizes relating to the clients; understanding their needs and the situations that brought them to the law office; analyzing the clients' situations from both legal and non-legal perspectives; and informing the clients of possible options to try to reach a resolution.
UNL's law college was chosen to host the 2015 event because of its tradition of success in the competition. Last year, the college’s team represented the United States at the international competition and placed second. In total, the law college has won one international competition, five national competitions and 15 regional competitions.
"Under the direction of two longtime faculty members, professors Alan Frank and Craig Lawson, Nebraska Law has developed an international reputation as a leader in training students in how to interview new clients and assess legal needs," said Susan Poser, dean of the law college. "Because of this reputation and past success, the college was chosen to host the competition in Lincoln this year."
The format of the competition simulates a law office where two lawyers interview a client and then, when the client leaves, reflect on the process and outcomes of the interview. This occurs before a panel of three judges, typically two lawyers and a member of a counseling profession. Interviews are evaluated on several criteria related to interviewing and fact-gathering skills. After the 20 teams conduct two interviews -- one on Thursday and one on Friday -- the top nine teams compete in the semifinal round Saturday morning, and the top three in the final round on Saturday afternoon.
While on campus, competitors will also have opportunities to participate in an all-American barbecue and tour landmarks such as the Nebraska State Capitol, the Nebraska Supreme Court and Memorial Stadium. More than 85 student-competitors, observers, coaches, national representatives and ICCC officials are to attend the competition, representing Australia, England and Wales, Canada, Georgia, Germany, India, Indonesia, Ireland, Malaysia, Mexico, the Netherlands, New Zealand, Nigeria, Northern Ireland, Scotland, Sri Lanka, Switzerland, Turkey, the Ukraine and the United States.
Addition to Enhance Student Legal Clinics
A $4.5 million addition to the University of Nebraska College of Law to open in fall 2016 will literally move the college's clinical programs front and center.
The 14,000-square-foot addition, to house the college's four legal clinics and allow for potential expansion of those programs, will be located adjacent to Law College's main entrance, on the south side of Ross McCollum Hall. Administrators, donors, students and friends of the college gathered for a groundbreaking on April 10.
Legal clinics, which give law students hands-on experience serving real-world clients, are an increasingly important part of legal education in a tight job market, said Susan Poser, dean of the college of law. They also teach students how valuable and gratifying it is to provide critical legal assistance to underserved clients.
The new location will provide easy access for clients seeking legal assistance and will stress the importance of experiential learning at the college, Poser said.
"We're sending a message about skills training at the law school," she said. "We're making sure that students who want that kind of practical experience can get it."
Kevin Ruser, M.S. Hevelone Professor of Law and director of clinical programs, said the college's new clinical space will be second to none.
"It's more important than ever to have a strong, experiential learning opportunity for students," he said. "I'll put this space up against any other place in the country."
Though expansion plans remain under discussion, the addition will allow "more than adequate" room for Nebraska's clinics to grow, he said.
Poser said two donors, Esther Beynon of Colorado Springs, Colo., and Dennis Weibling of Seattle, were instrumental in making the project a reality. Beynon donated $1 million to the effort in honor of her father, Ira Beynon, a 1919 Nebraska Law graduate. Weibling, a Seattle attorney who graduated from Nebraska's law-psychology program, contributed $1 million via a matching grant that generated an additional $1 million from other donors. Poser said several other donors made contributions of $100,000 to $250,000.
Weibling said he feels passionate that students should get a taste of practicing law before they graduate. Though Weibling did not participate in a clinic as a student, he recalled his own positive experience as a young attorney first using his education to help clients.
"It just brought such life to the law," he said. "If I could have had that earlier, it would have created more enthusiasm and direction for my studies."
The college of law offers four legal clinics -- the Civil Clinic, Criminal Clinic, Immigration Clinic and Entrepreneurship Clinic, with 32 third-year law students accepted to participate in one of the four each semester.
The programs are in demand, with more students seeking to enroll each semester than slots available. The clinics also have waiting lists for clients.
The Entrepreneurship Clinic, for example, has served 70 clients since it was established in 2013, director Brett Stohs said. Another 58 potential clients are on a waiting list.
Yet the clinics are housed in fragmented spaces that have seen few updates in recent years. The Entrepreneurship Clinic is in a cramped basement suite of offices, with barely enough room for its eight students to work at one time.
Criminal clinic director Steven Schmidt borrows classrooms to teach an intense 30-hour training course during the first three weeks of the semester before his students report to the Lancaster County Attorney's Office to begin prosecuting misdemeanors and felonies.
The 16 students who participate in the civil and immigration clinics each semester are housed in quarters that haven't been updated since the mid-1980s. The space was not designed with computers in mind and requires heavy use of extension cords to meet the technology demands of a modern law practice.
"The only part of our building that has not been renovated during the past 15 years is the clinic," Poser said. "It was noted during a 2011 American Bar Association reaccreditation visit that the space didn't seem adequate to serve clients."
Yet, in light of a sharp nationwide decline in law school enrollments that began in 2011, there seemed little could be done to remedy the situation.
An unsolicited $1 million check from Beynon, mailed to Poser in 2012, allowed "us to begin to dream," Poser said.
Designed by The Clark Enersen Partners, the new space will feature a reception area, private interview rooms to consult with clients, conference rooms and a mock courtroom. A classroom and faculty offices will allow the four clinic directors to better coordinate teaching.
Desk space in a large open area will accommodate up to 40 law students, allowing them to trade ideas and consult on strategy without waiving attorney-client privilege.
Clients can arrive for appointments through an entrance directly off the college's main foyer without wandering the hallways looking for an office in the basement or at the far side of the building.
"It will give students a better sense of what it would be like to be in a law firm," Poser said. "It's a very professional space."
Writer: Leslie Reed, University Communications
Leiter Appointed to American Association of Law Libraries Government Relations Committee
Professor Richard Leiter has been appointed the American Association of Law Libraries (AALS) Vice Chair of the Government Relations Committee. The committee serves to represent, promote, and advocate the information policy interests of AALS regarding policies, laws, regulations and other developments that may affect the Association, law librarianship, law libraries, or the dissemination of information, with the exception of copyright issues. Lieter will serve this term for 2015-2016.
Shoemaker and International Grant Team Travel to England and Wales
Professor Jessica Shoemaker and a transdisciplinary, international research team are working to build on existing land use planning simulation tools, and create a more flexible and powerful simulation resource kit for public participation in land use issues. As part of this project, Professor Shoemaker is traveling to Birmingham City University in Birmingham, England and to Aberystwyth, Wales.
While in Birmingham and Aberystwyth, Professor Shoemaker will present her work to a diverse group of faculty from a wide variety of different disciplines and countries, international policymakers, and engaged citizens from the United Kingdom. Part of her work includes the planning simulation tool, Plainsopoly. Plainsopoly, has proven to be an exciting engagement tool to facilitate dialogue and learning around contemporary rural development and natural resource issues in the Great Plains.
Professor Shoemaker will also hold a seminar at Birmingham City University on indigenous land tenure and property law issues.
Blankley has Article Accepted by George Mason Law Review
Assistant Professor Kristen Blankley’s newest article, A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act, has been accepted for publication in the George Mason Law Review. This article explores current problems and inconsistencies in the area of federal court jurisdiction for issues relating to arbitration practice. The article is scheduled to be published early 2016.
69th Annual Thomas Stinson Allen Moot Court Competition
Daniel Gutman and John Zimmer are the winners of the 69th Annual Thomas Stinson Allen Moot Court Competition. Katherine Hazen and Kathleen Miller finished in second. Kayla Hathcote and Tess Moyer won the Kenneth L. Noha award for the best brief in the competition, and John Zimmer won the Roscoe Pound award for best oral advocacy.
Lyons Teaching at the International Tax Center of the University of Leiden
Richard H. Larson Professor of Tax Law Bill Lyons is teaching an introductory course in United States individual income taxation to tax LL.M. students at the International Tax Center of the University of Leiden in the Netherlands from April 4 through April 18, 2015. The ITC has invited Lyons to teach this course for several years. He has taught an introductory course in United States corporate income taxation in the same program. The ITC students come from many countries, including, this year, Brazil, Venezuela, South Africa, the Dominican Republic, Costa Rica, Columbia, China, and Italy. Lyons also meets with the University of Leiden’s tax faculty at the University’s law school and with members of the European tax community who teach at the ITC.
Moberly's Article Published in ABA Journal Labor and Employment Law
De-Facto Gage Clauses: The Legality of Employment Agreements that Undermine Dodd-Frank's Whistleblower Provisions, an article authored by Nebraska Law professor, Richard Moberly, with Jordan A. Thomas and Jason Mark Zuckerman, has been published by the ABA Journal of Labor and Employment Law. The article discusses the enforceability of increasingly prevalent contractual restrictions on whistleblowing, which the authors label "de facto gag clauses." While no court has yet opined on the legaility of de facto gag clauses in the Dodd-Frank whistleblower context, the article argues that SEC rules and key principles of contract, qui tam, employment and securities law strongly suggest that courts will, and should, refuse to enforce agreements that preclude voluntary cooperation with the SEC or materially diminish the incentives created by Congress to promote SEC whistleblowing.
Read the full article.
Dunne, '00, Receives NAFLA Award
Angela Dunne, '00, has been awarded the prestigious Top Ten Attorney Award for the State of Nebraska from the National Academy of Family Law Attorneys (NAFLA). She was awarded this honor because of her hard work and the dedication she has shown in representing family law clients.
Nebraska Law to Host the 9th Annual Spring Space Law Conference
The 9th Annual Spring Online Space Law Conference will be held Friday, April 3, 2015. The Conference titles "Big Sat: Where's it At? Contractual and regulatory Issues of Big Satellite Operators" features Stefan M. Lopatkiewica, General Counsel at Eutelsat American Corp.
For more information about the conference and to register, visit: http://law.unl.edu/lincoln-conferences/.
Space Lawyer Featured on Front Page of Wall Street Journal; Schaefer Quoted
Professor Matt Schaefer was quoted in the Wall Street Journal article"'Space Lawyers' Help Startups Navigate the Final Legal Frontier". Schaefer discusses the realness of space law.
Read full article.
Faculty Speak on Range of Topics
Professor Eric Berger
Professor Eric Berger presented a paper at a conference about Chief Justice Rehnquist’s legacy entitled “The Rehnquist Court: Ten Years Later" held in Tucson, Arizona. The conference was hosted by the William H. Rehnquist Center on the Constitutional Structures of Government at the University of Arizona James E. Rogers College of Law. Berger's paper is entitled “The Rehnquist Federalism Revolution and Stealth Constitutional Decision Making.”
Assistant Professor Kristen Blankley
Assistant Professor Kristen Blankley presented a faculty colloquium on her upcoming paper: A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act at South Dakota University School of Law. Her paper considers the intersection of arbitration and the federal courts and suggests a simplified and universal jurisdictional test to replace this confusing area of law.
Professor Blankley also testified, in a neutral capacity, before the Nebraska Legislature on Thursday, March 12, 2015, before the Judiciary Committee regarding Legislative Bill 437, a bill that, if passed, would create a presumption of joint legal custody and shared parenting time of at least 35% time for non-custodial parents undergoing a divorce or separation. Professor Blankley testified in her capacity as President of the Nebraska Mediation Association and discussed issues of mediation in child custody cases.
Assistant Professor Jessica Shoemaker
On March 27, Assistant Professor Jessica Shoemaker participated in a Property Roundtable co-hosted by Tulane Law School and the Tulane University Murphy Institute in New Orleans. The subject of the Roundtable was “Regulating Private and Public Property,” and Shoemaker's panel was called, “Maximizing Social Benefits through Property Law.” Shoemaker was one of eight property law scholars from around the country invited to participate in this fascinating event. She also presented her new paper, Emulsified Property, which analyzes the complex property and sovereignty institutions within modern American Indian reservations through the lens of mixed tenure properties.
Professor Frans von der Dunk
Professor Frans von der Dunk gave a presentation titled "Transmissions to Extraterrestrials and the Law: Where Do We stand, Where Should We Stand?" at the Search for Extraterrestrial Intelligence workshop on February 14th.
Additionally, Professor von der Dunk co-chaired the annual European Centre of Space Law (ECSL) Practitioners’ Forum in Paris. The theme of the forum was “Space Governance in Europe: Regulation of Space Activities,” focusing on the roles the European Union and member states play in regulating space activity.
Nebraska Law to Host Visiting Researcher
The University of Nebraska College of Law will host Andreas G. Loukakis in the month of April.
Loukakis is currently a doctoral candidate and assistant researcher at the Faculty of Law, Economics and Finance at the University of Luxembourg. He received a Master of Laws (LL.M) in European Law from the University of Maastricht (Netherlands), in April 2011 and a Law degree from Democritus University of Thrace (Greece), in December 2007. Moreover, he also was a Robert Schuman Scholar in the legal service of the European Parliament in Brussels from March until August 2011.
Since February 2012, Loukakis has been working on a doctoral research project dealing with the liability aspects of space-based services under the supervision of Professor Mahulena Hofmann, SES Chair in Satellite Communications and Media Law at the University of Luxembourg, delving in particular into the non-contractual civil liabilities that could come into play from the operation of the Galileo program, the European Union’s initiative in field of Global Navigation Satellite Systems (GNSS). Loukakis will visit the University of Nebraska College of Law Space, Cyber and Telecommunications Law program, in April of this year. During this visit, he will conduct a part of his research activities for his doctoral project on issues related to responsibility and liability connected to the provision of GPS services, the US corollary to Galileo, taking into account that GPS is operated by the United States’ Department of Defense. For example, in the foreseeable future, GNSS receivers will be expected to be interoperable, meaning that they will be able to receive and exploit signals emitted from both Galileo and GPS.
Nebraska Law Students Place 2nd at International Mediation Tournament Championships
Two Nebraska Law teams competed at the 14th Annual INADR International Mediation Tournament Championships in Des Moines, Iowa on March 20-21, 2015. The tournament featured 28 teams from law schools around the world.
Both teams advanced from the field of 28 into the semifinals for their mediation skills. The team of 2Ls John Duggar, Lily Spader and Lyle Wheeler won their semi-final and final rounds, and earned Nebraska Law a second place finish.
In addition to the team honor, John Duggar and Lyle Wheeler both earned individual honors for being the 4th best client/advocate team, and 2L Cory Masi earned the individual honor of 8th best mediator.
Dawes, '06, to Speak at American Society of Law, Medicine and Ethics Health Law Professors Conference
Daniel E. Dawes, '06, was invited to speak at the Opening Plenary of the 2015 American Society of Law, Medicine and Ethics (ASLME) Health Law Professors Conference. The conference is the major annual conference of ASLME and the largest covening of academics teaching health law and bioethics in law school, medical school, public health and other university settings. The Opening Plenary is inteded to prompt a discussion about health equity, and how health law professors can/should be engaged in advancing racial and ethnic health equity through their teaching, scholarship and service.
Dawes is a healthcare attorney and the Executive Director of government relations, health policy, and external affairs at Morehouse School of Medicine. In addition to his executive role, Daniel is a director of health policy and a lecturer of health law and policy at the Satcher Health Leadership Institute and holds a faculty appointment in the Department of Community Health and Preventive Medicine. During the negotiations around health reform, he founded and chaired the National Working Group on Health Disparities and Health Reform, a working group of more than 300 national organizations and coalitions that worked to ensure that the health care reform law included health equity provisions to reduce disparities in health status and health care among vulnerable populations.
Kafka, '79, Publishes Novel
Josephy Kafka, '79, wrote Lawyer for the Little Guy, a suspensful, humourus and inspiring novel (avialble in ebook) about young lawyer Jake Beck.
Here is a brief description:
Trial is a month away and closing fast on young lawyer Jake Beck. The scumbag who ripped off his client for one million dollars will get what's coming to him if Jake has anything to do about it. It's a tough case when your client is shy and sweet and your adversary is hard and mean. And when he's a lawyer. And the brother of your client. Jake's first trial has him facing impossible odds and many obstacles. But the underdog wins some of the time, right? Jake's wisecracking boss, the judge for his case, and even his client have their doubts. Still, it's not all legal work and no play when Jake falls for a brainy blonde and she introduces him to her "adopted" Greek family. Maddy Carter is an eco-minded Santa Cruz, California girl right down to her electric car and yoga classes. Jake embraces their love and support during the darkest times in his pursuit of justice for the little guy.
Four To Be Honored as Part of UNL Women's Week
Four Nebraska Law students will be recognized by the UNL Women’s Center as women of character, courage, and commitment as part of Women’s Week.
Arianna Crum, 2L, was nominated as a result of her commitment to bringing cultural competency programming to the College of Law and her leadership of the Black Law Students Association/Multicultural Law Society.
Roxana Cortes, 2L, is being honored because of her commitment to the cause of immigration. Her engagement in her field of interest, commitment to sharing her experiences, and mentorship of her fellow students make her an integral part of the College of Law Community.
Jessica Laughlin, 3L, is being honored because she inspires so many with her positive outlook on and approach to life. She is an example to us all.
Ciara Coleman, 3L, is being recognized for her role in mentoring the students in the 1L and 2L classes. Her mentorship is both formal, as the skills’ class instructor, as well as an informal mentor, sounding block, and friend to the students at the Law College.
All four women will be recognized at the Women’s Week banquet on Thursday, March 19th.
Hurwitz has Article Accepted by Iowa Law Review
Assistant Professor Gus Hurwitz's article "Data Security and the FTC's UnCommon Law" has been accepted by the Iowa Law Review. The article critiques the Federal Trade Commission's ongoing efforts to regulate companies' data security practices, arguing that the FTC’s approach has both substantive and procedural flaws that make it's efforts ineffective.
Professor Justin (Gus) Hurwitz joined the College of Law faculty in 2013. His work builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and technology.
Thimmesch has Article Accepted by Utah Law Review
Assistant Professor Adam Thimmesch's article "Testing the Models of Tax Compliance: The Use-Tax Experiment" is set to be published in the Utah Law Review. The article analyzes the current lack of compliance with the state use tax and demonstrates how states and researchers could apply modern compliance theories to help increase the payment of that tax. The article argues that research in this area would not only help states to increase compliance, but would also help researchers to better understand the motivators of tax compliance and how modern theories apply in real-world settings.
Thimmesch joined the faculty in 2012. He teaches Individual Income Tax, State and Local Taxation, Business Associations, and Corporate Finance.
Overcash Published Construction Law Article
Adjunct Professor Allen Overcash recently had his article " Introducing a Novel ADR Technique for Handling Construction Disputes: Arbitration" published in Construction Lawyer, a publication of the American Bar Association. The discusses traditional arbitration practices and their relevance to construction disputes.
Overcash is associated with Woods & Aitken LLP with offices in Lincoln, Omaha, and Denver. He is currently Adjunct Professor of Construction Law at Nebraska Law.
Poser to Moderate E.N. Thompson Forum on Effects of Regulating Carbon Emissions
A pair of experts will debate the pros and cons of carbon regulation through taxation, cap and trade and other measures at the next E.N. Thompson Forum on World Issues. The event will be 7 p.m. March 3 at the Lied Center for Performing Arts, 301 N. 12th St.
The debate, “Cutting Carbon Emissions: Better Environment, Worse Economy?” is the 2015 Chuck and Linda Wilson Dialogue and will feature Marlo Lewis Jr. of the Competitive Enterprise Institute and Gilbert Metcalf of Tufts University. The debate will be moderated by Susan Poser, dean of the UNL College of Law.
The event will explore the pros and cons of regulating carbon emissions, with Metcalf arguing the primarily environmental benefits of the U.S. government restricting carbon emissions by taxation and other forms of regulation, and Lewis emphasizing the primarily negative economic impact and the complexities of such U.S. government intervention.
Lewis has written on global warming, energy policy and public policy issues and has been published in The Washington Times, Investor’s Business Daily, Tech Central Station, the National Review and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy. Prior to joining CEI in 2002, he served as director of external relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, he served as staff director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources and Regulatory Affairs. Lewis has also been the research director for Citizens Against Government Waste.
Metcalf is a professor of economics at Tufts University and a research associate at the National Bureau of Economic Research. He is also a research associate at MIT's Joint Program on the Science and Policy of Global Change and an associate scholar in the Harvard Environmental Economics Program. He has taught at Princeton, Harvard and MIT. He has frequently testified before Congress, been on expert panels including a National Academies of Sciences panel on energy externalities, and recently was the deputy assistant secretary for environment and energy at the U.S. Department of the Treasury. He is on the board of directors of the Association of Environmental and Resource Economists, the international professional association for economists working on environmental and natural resource issues. He has published numerous papers in peer reviewed academic journals, has edited or co-authored four books, and has contributed chapters to a number of books on energy and tax policy.
John Anderson, UNL professor of economics, will lead a pre-talk at 6:30 p.m. in the Lied Center’s Steinhart Room.
Chuck Wilson is a retired cardiologist who served on the University of Nebraska Board of Regents for many years. Linda Wilson served on the Lincoln City Council and the Public Building Commission. The Wilsons’ goal in creating this dialogue is to present both sides of an important issue.
The E.N. Thompson Forum on World Issues is a cooperative project of the Cooper Foundation, the Lied Center and UNL. It was established in 1988 with the purpose of bringing a diversity of viewpoints on international and public policy issues to the university and people of Nebraska to promote understanding and encourage debate.
More information: http://enthompson.unl.edu/welcome
Nebraska Law Federalist Society wins Feddie Award
The Nebraska Law Federalist Society received the Alexander Hamilton Award for Most Improved Chapter at the 2015 Federalist Society Feddie Awards. Nebraska Law was nominated for this award alongside Concordia University School of Law, Pacific McGeorge School of Law, University of Minnesota School of Law, Northwestern University School of Law, Savannah Law School and South Texas College of Law. In addition to the Most Improved Chapter award, the Nebraska Law Federalist Society was also nominted for the James Madison Award for Chapter of the Year.
The Nebraska Law Federalist Society held several successful speaker events this year, including Former Texas Supreme Court Justice David M. Medina and Former NRA President Sandra S. Froman . In addition to the speaker presentations, Federalist Society members were given the opportunity to interact with presenters on a one-on-one basis. Nebraska Law Federalist Society events are generally open to attorneys and friends of the law school community, and offer Nebraska CLE credit.
Federalist Society Faculty Advisor Rick Duncan, Chapter President Lyle Wheeler, Chapter Treasurer Lance Roasa, and 2L Representative John Duggar attended the 2015 Federalist Society Student Symposium in Washinton DC, and accepted the award on behalf of the chapter.
Blankley Heading National Access to Justice Committee
Assistant Professor Kristen Blankley was named the chair of the ABA Section of Dispute Resolution Task Force on Access to Justice. This task force will be considering how dispute resolution services can increase access to justice and legal services, especially for low income and middle-class persons. Professor Blankley was chosen to head this project given her previous research in this area.
Solt, '96, Joins Guidepost Solutions
Guidepost Solutions LLC grew its presence in the Washington, D.C. market with the addition of three new hires whose backgrounds include substantial government experience, including Kent Solt, an alumnus of Nebraska College of Law, who joined as senior director.
“Over the past few years companies in a wide range of industries have faced a dramatic increase in compliance related responsibilities as a result of the growing number of regulatory mandates imposed by federal and state governments,” stated CEO Julie Myers Wood. “Kent will help our clients navigate complex and changing regulations; assess their business compliance programs and plan initiatives to meet new compliance requirements.”
As a senior director for Guidepost’s diligence services group, Solt will work closely with investigation teams providing research and data analytics. Most recently, he was a senior investigative analyst with KeyPoint Government Solutions where he was a member of the monitoring team for a large international bank. In addition, he provided due diligence and analytical services for the U.S. Department of Energy’s Clean Energy Loan Guarantee Program. Earlier in his career, Solt spent over a decade with LexisNexis Legal Publishing and held several positions including editorial manager and lead content planner. He received a Juris Doctor from the University of Nebraska College of Law and a Bachelor of Arts degree, summa cum laude, in journalism/mass communications from the University of Northern Colorado.
About Guidepost Solutions LLC
Guidepost Solutions (www.guidepostsolutions.com) is a global leader in investigations; due diligence; cyber and technology security consulting; immigration and cross-border consulting; and monitoring and compliance solutions. We help companies, government agencies, individuals and their advisors solve problems, advance business opportunities, mitigate risks and resolve disputes – among many other services. Our professional team includes former federal and state prosecutors and law enforcement officials and leaders in the security, investigations, intelligence, and public safety communities. Our solutions protect lives, assets and reputations. Guidepost is headquartered in New York and maintains offices and facilities across the globe including Chicago; Dallas; Honolulu; London; Los Angeles; Oakland; Palm Beach; San Francisco; Seattle and Washington, D.C. Guidepost Solutions is a wholly owned subsidiary of SolutionPoint International, Inc. (www.solutionpoint-intl.com).
Lenich and Berger Named Professors of the Year
At the Meeting of the Minds event, Professor John Lenich and Eric Berger were named the 2015 Professors of the Year. Each year, the SBA hosts the event and administers nominations for the Professor of the Year Awards. The current 1L students nominated Professor Lenich and upperclass students nominated Professor Berger.
Medill Testimony Featured in Department of Labor Report
In 2014, Professor Colleen Medill testified before the ERISA Advisory Council on the topic of outsourcing employee benefit plan services. The United States Department of Labor released the Council's report in February 2015. In her testimony, Professor Medill discussed the lack of guidance from the Department or courts in regard to fiduciary allocation of trustee responsibilities and co-fiduciary liability and responsibilities.
A summary of the report is available at http://www.dol.gov/ebsa/publications/2014ACreport3.html.
2014-15 Academic Awards Presented at Meeting of the Minds
At the Meeting of the Minds event on Friday, a number of academic awards were announced. Congratulations to all receiving awards!
McGrath North FLS Award
- Briana Hildebrand
- Megan Theesen-Fenton
- Kara Brostrom
- Joshua Christolear
- Tess Moyer
- Christopher Gruber
- John Zimmer
- Sean Kipp
- Shannon Schroeder
- Christopher Schmidt
Robert G. Simmons Legal Writing Award
- Sarah Clark
Arthur Bruce Winter Constitutional Law Award
- Joshua Christolear
- Jessop Adams
- Jordan Holst
- Jordan Talsma
- Josh Christolear
- Jessica Ledingham
- Alexander Gansebom
- Nate Clark (Nebraska Law Rev Editor-In-Chief)
- Michael Boal (Moot Court Chair)
- Brian Fahey
Handbook for Space Law edited by von der Dunk
The Handbook of Space Law released in January was edited by Professor Frans von der Dunk with Fabio Trochetti. The book addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented character of international space law and the increasing commercialization and privatization of space activities.
The book focuses on international space law in the broadest sense of the word, not only including the UN-based space treaties and international customary (space) law, but also the many specialized regimes such as those applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of space technology exports, the financing of space ventures and environmental concerns. The novelty of this holistic approach to space law notably includes the profound and eve-increasing commercialization of space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of space activities and their major applications in depth.
Offering the most comprehensive and holistic analysis on legal and regulatory aspects of space activities and major space applications to date this Handbook will be of particular interest to students in space law higher education, public international law, researchers (including JSD and PhD students) of space law and practitioners in the major sectors of space activities.
UPDATE: the International Academy of Astronautics (IAA) has given the Handbook of Space Law the 2015 Social Science Book Award.
Hildebrand and Sholes Win Regional Client Counseling Competition
The team of Briana Hildebrand and Michael Sholes, both 2L students, won the American Bar Association's 2015 Region 8 Client Counseling Competition. They will move on to represent Nebraska Law and Region 8 at the 2015 ABA National Client Counseling Competition in March. There they will face the winning teams from each of the ABA's other 11 regional competitions.
Equal Justice Society Chili Cook Off Raises Over $1,000 for NPILF
In its inaugural year, the Equal Justice Society Chili Cook Off raised over $1,000 for the Nebraska Public Interest Law Fund. The NPILF provides grants to law students interested in working in the public interest during the summer.
Twenty faculty members, staff and administrators provided chili to be entered into the competition:
- Brian Borenstein
- Molly Brummond
- Patty Cavanagh
- Rob Denicola
- Rick Dooling
- Chris Evans
- Tasha Everman
- John Lenich
- Richard Leiter
- Marc Pearce
- Sandy Placzek
- Susan Poser
- Anna Shavers
- Jessica Shoemaker
- Anthony Schutz
- Brett Stohs
- Adam Thimmesch
- Marcy Tintera
- Tracy Warren
- Catherine Wilson
Individuals voted for their favorite chili during the event. The winning chili will be announced at the Meeting of the Minds on February 13, 2015.
Students Beat Faculty Bowling Team
The International Law Student Association (ILSA) held a student-faculty bowling tournament for the second consecutive year. Teams of four to five students competed for the opportunity to take on the faculty team. In the end, the student team of Aditya Ezhuthachan, Alex Gavin, Jerry Jefferson, Rick Tast, and Jacob Tewes beat the faculty team of Professor Jack Beard, Professor Brian Lepard, Professor Matt Schaefer, Dean Richard Moberly, and former Dean Glenda Pierce.
The bowling tournament is held as a fundraiser for ISLA. International Law Student Association enables law students who are interested in international law and international trade to continue their education in this field beyond the classroom. Activities include: sponsoring the Jessup International Moot Court competition; counseling on graduate level and summer programs in international law, internships and career opportunities; and interdisciplinary programs sponsored by the College of Business Administration, the College of Agriculture, the Institute of International Affairs and other University of Nebraska colleges and departments involved in international relations and trade issues.
Foster, '09, named UNL director for Institutional Equity and Compliance
Susan Foster, '09, is a senior associate attorney at the law firm Jackson Lewis PC in Omaha. She will begin her director duties Feb. 16.
A member of the chancellor's senior administrative team, Foster will serve as UNL's chief civil rights officer and Title IX officer. She will be responsible for providing leadership, direction and oversight for many of the federal and state regulatory mandates of the campus; for generating the university's affirmative action plans for women, minorities, veterans and individuals with disabilities; for investigating allegations of illegal discrimination and harassment; and for leading the university in monitoring and helping to develop an inclusive, supportive campus climate.
Foster will chair the UNL Equity Council, which includes representatives from Institutional Equity and Compliance (formerly known as Equity, Access and Diversity Programs), the Office of the Senior Vice Chancellor for Academic Affairs, the Office of the Vice Chancellor for Student Affairs and Human Resources.
"The university is fortunate to be able to attract a person with Susan's experience as both an educator and a lawyer to lead our diversity and compliance office," Chancellor Harvey Perlman said. "She will provide excellent leadership in these critical areas."
Foster said she was honored and excited to join a university that is committed to fostering an inclusive and diverse culture in which all students, faculty and staff are provided an opportunity to thrive, grow and contribute.
"Recognizing and appreciating diverse experiences, beliefs and perspectives expands our collective knowledge and allows us to successfully work together in our ever-expanding world," she said. "I am eager to work collaboratively with university leaders and organizations, community leaders and organizations, faculty, staff and students to implement strategic initiatives and programs that create, promote and support a thriving safe, diverse and inclusive environment for everyone."
Foster is a 2009 graduate of the University of Nebraska College of Law. She earned an undergraduate degree in education from the University of Nebraska at Omaha in 1999 and taught at Millard Public Schools for seven years.
During her tenure at Jackson Lewis PC, she has worked with and provided guidance to clients seeking advice in all areas of employment, including disability accommodation, wage and hour, conflict resolution, hiring, discipline and leave management. She also has trained human resources personnel and management in many aspects of employment law, including discrimination, harassment and disability accommodation training.
Buda, '12, Named New Associate
Nicholas A. Buda has joined McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. as an associate. Buda is a graduate of the University of Nebraska-Omaha and received his J.D. from the University of Nebraska College of Law in 2012. He is admitted to both the Nebraska and Iowa Bars. Mr. Buda practices primarily in business litigation. He also has experience with probate matters, natural resources and water law, and real estate.
Based out of Omaha, McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. has been serving commercial enterprises and individual clients in a broad range of civil practice areas in the Midwest since 1975.
Watson, '06, Named New Shareholder
Mathew T. Watson has been made a Shareholder of McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. Watson is a graduate of the University of Nebraska and also received his J.D., with distinction, from the University of Nebraska College of Law in 2006. Mr. Watson joined the corporation as an associate in 2011. He practices in a variety of areas including commercial litigation, corporate, business, labor and employment law.
Based out of Omaha, McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. has been serving commercial enterprises and individual clients in a broad range of civil practice areas in the Midwest since 1975.
Martinez, '94, Named Nebraska State Bar Association President
Amie C. Martinez, '94, begins term as President of the Nebraska State Bar Association (NSBA). The NSBA is the largest professional organization of lawyers in Nebraska and elected Martinez as its President. The NSBA has a three-fold mission – sustaining the ongoing level of professionalism and confidence amongst the profession, strengthening the court system and serving the public. Martinez’s term as runs through October 2015.
Martinez, a shareholder with the law firm of Anderson, Creager & Wittstruck, P.C., L.L.O. in Lincoln, practices in the areas of family law, juvenile law, criminal defense, civil litigation and appellate work before the Nebraska Court of Appeals and Supreme Court. She has been involved on the local, state and national levels of bar leadership as well as actively engaging in public service within the local community and across the country.
Law Professors Present Around the Globe
Professor Eric Berger Presented at Law Schools Nationwide
Professor Berger presented, " The Executioner's Dilemma” at Richmond Law Review's Allen Chair Symposium on Lethal Injection, Politics and the Future of the Death Penalty, and at the Wisconsin Discussion Group on Constitutionalism at the University of Wisconsin Law School.
Professor Berger also presented his paper, “The Supreme Court, Legislative Facts, and the Path of Constitutional Law” at the Fifth Annual Constitutional Law Colloquium at Loyola Chicago University School of Law.
At the UCLA law school, Professor Berger gave a presentation on “The Rhetoric of Constitutional Absolutism.” The talk explored the Supreme Court’s propensity to pretend that constitutional cases have certain answers, even when there are powerful arguments on both sides.
Professor Blankley Lead Discussion on Confidentiality and Privilege During Mediation
Professor Kristen Blankley presented at a “lunch and learn” session at The Mediation Center on the important issues of privilege and confidentiality in mediation. Blankley lead a discussion on why confidentiality and privilege are policy choices for mediation’s success, but also discussed exceptions to confidentiality, such as mandatory reporting requirements for allegations of child abuse.
Professor Kristen Blankley participated in a webinar on ethics in online dispute resolution. This webinar was offered as part of Cyberweek, a week-long online conference focused on online dispute resolution. http://www.adrhub.com/forum/topics/a-panel-discussion-on-odr-and-ethics
Professor Duncan Presented “Masks of Law: at the Nebraska State Bar Association Annual Meeting
Christian Legal Society speaker Professor Richard Duncan’s spirited and thought provoking “Masks of the Law” presentation at the 2014 NSBA Annual Meeting discussed the creation of legal masks and their impact on important legal decisions and policies affecting groups treated harshly by the law.
Read the full story here: http://bit.ly/1fPo9BG
Professor Moberly Served as Moderator at National and Local Conferences
Professor Richard Moberly served at the moderator for a whistle blower litigation panel and the American Bar Association Labor and Employment Conference.
Moberly also served as a presenter and moderator for the McGrath North Speaker Series. The presentation included insights on fraud prevention, whistleblowing and business skepticism.
Professor Potuto Discussed NCAA Around the Country
As a guest on the Sports Conflict Institute she discussed issues and perspectives regarding reinventing the NCAA, and improvements to the system to make it a more enriching and consistently positive experience for student-athletes. Watch the discussion: http://bit.ly/1uO8mLT
Potuto appeared as part of a panel at the Association of Public and Land Grant Universities annual meeting. The panel focused on Presidents and Chancellors and the Management of Issues in Intercollegiate Athletics.
At Elon University, Potuto served on a Legal and Structural Changes in the NCAA panel that was part of a law review symposium on Media, Regulatory & Labor Issues in College Sports.
Potuto gave a presentation to the Osher Lifelong Learning Institute presentation titled, "Business, Media and Legal Issues in College Athletics," as part of a series of talks on business, media, and legal issues across a variety of businesses and activities.
Potuto participated in a Google Hangout with Winthrop Intelligence to discuss "the Role of the Faculty Athletic Representative and What Athletics Directors Need to Know" as part of a series of educational programs the organization is doing for athletic and greater campus administrators.
Professor Schaefer Presented at 65th International Astronautical Congress in Toronto
The number of presentations at major conferences made by Professor Schaefer in the past year grew to eight 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).
Professor Sheppard Presented at SMU Dedman School of Law's Annual Symposium on Emerging Intellectual Property Issues
Professor Sheppard was invited to speak on the Supreme Court and Intellectual Property Law, which took place October 2nd at the SMU Dedman School of Law's Annual Symposium on Emerging Intellectual Property Issues. The Symposium addressed the latest theories and practices important to the development of intellectual property law through discussions with distinguished academics, jurists and leaders in the industry. This year’s Symposium featured three panels addressing the Supreme Court’s latest copyright and patent cases.
Professor Shoemaker Served as Moderator for Regional Summit
Professor Jessica Shoemaker presented and served as the moderator for a panel at the Lower Platte River Corridor Alliance Summit.
Shoemaker also presented her paper, “Emulsified Property,” at the Central States Law School Association meeting in Baton Rouge.
Professor Thimmesch Presented at Central States Law School Association Conference
Professor Adam Thimmesch presented “Testing the Models of Tax Compliance: The Use-Tax Experiment,” at the Central States Law School Association meeting in Baton, Rouge.
Professor von der Dunk Presented at the International Academy of Astronautics
Professor Frans von der Dunk presented, From Space Tourists to Unruly Passengers? The U.S. Struggle with 'On-Orbit Jurisdiction' at the 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 also chaired 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).
Professor Willborn Presented at Events Nationwide
Professor Willborn gave a presentation on employee privacy at Elon University.
Willborn also served as a Senior Scholar at Seton Hall’s Young Scholars Forum. Willborn and other Senior Scholars offered critiques for Junior Scholars who were presenting their work.
Finally, Professor Willborn presented a paper on employee privacy at a conference convened by the Cornell Law Review on the American Law Institute’s Restatement (Third) of Employment Law.
Professor Wilson Presented at the University of California-Davis
Professor Catherine Wilson presented her paper "Economic Justice and Student Loans" Preventing Student Loans from Crippling Social Mobility," at UC-Davis.
Below is the abstract from that paper:
Student loan debt now exceeds $1.1 trillion. With student loans now count for a higher percentage of household debt than credit card and auto loans, numerous reports are highlighting the impact that the student loan debt load has on social mobility by delaying many of the life choices that generate wealth. Recent calls for financial aid reform seem to focus on tuition reforms, increased disclosures about student loans and repayment options, and changes to the Bankruptcy Code. This paper adds to this discussion by evaluating modifications to the current American Opportunity Tax Credit (AOTC), a refundable income tax credit, in a way that helps reduce the debt costs associated with acquiring an associate’s or bachelor’s degree. The AOTC tax credit should be modified to provide more immediate support to students.
Professor Zellmer Gave Presentations Around the Globe
Professor Zellmer presented, “Unnatural Disasters: How Law Hurts, How Law Can Help,” at the University of Minnesota Institute for Advanced Study. Watch the presentation here:http://ias.umn.edu/2014/10/09/zellmer/
Additionally, Professor Zellmer also took part in the IUCN World Congress in Sydney, Australia. Zellmer organized a panel for the IUCN Commission on Environmental Law, on Reconciling Development Challenges Facing Protected Areas.
Hoos, '00, Named Peoria County Judge
Hoos graduated from the University of Nebraska-Kearney with a degree in political science. She received her law degree from the University of Nebraska College of Law in 2000. She will be sworn in during a brief ceremony Dec. 29.
Read more: http://www.pjstar.com/article/20141215/News/141219474#ixzz3MC1SrEdD
Von der Dunk Signs Asteroid Day Declaration
Asteroid Day is a global awareness movement where people from around the world come together to learn about asteroids and what we can do to protect our planet, our families, communities, and future generations. Organizers gathered an impressive group of scientists, policy makers, and astronauts to sign the declaration before the public announcement on Wednesday December 3rd, 2014. Professor Frans von der Dunk is among the public signatories.
The Asteroid Day website explains, "Asteroid Day will be held on the anniversary of the 1908 Siberian Tunguska event, the largest asteroid impact on Earth in recent history."
"Regionally organised large and small events will be held on Asteroid Day – from live concerts and community events, to lectures and other educational programmes, to support a movement calling for increased detection and mapping of asteroids. The 100x Asteroid Declaration, calling for this action, has been signed by astronauts, scientists, artists and leaders in business and technology.
Employing available technology to detect, track and defend our Earth from dangerous asteroid impacts is something we know how to do. This will assure the survival of generations to come as well as preserve our heritage and all that we have learned and created as a species. We have the knowledge as well as the technology to prevent these future catastrophic events. The fact that this initiative could save ALL the species on this planet that have evolved alongside us. We have a responsibility as custodians, not just for the planet, but for all the abundant life which inhabits it.
Continuing to orbit our solar system without the knowledge of potentially dangerous asteroids in our orbital neighbourhood is equivalent to playing the odds in a game of Las Vegas roulette – only this time, we are betting our families, homes and indeed future generations. The probability of Earth being impacted in a random location by a 100-megaton asteroid in your lifetime is about the same as the probability of you being killed in an automobile accident. These odds on any individual day are small, yet few among us would drive a car without wearing a seat belt. The 100x Asteroid Declaration calls for the discovery and tracking of 100,000 asteroids a year over the next ten years. In addition to protecting our planet, this increased capability will provide dramatically improved knowledge of our Solar System for scientific and other purposes."
Learn More on www.asteroidday.org
Professor Colleen Medill Published Employee Benefits Law Casebook
Professor Colleen Medill has published the fourth edition of her law school casebook, Introduction to Employee Benefits Law: Policy and Practice (West Academic 2014). Professor Medill’s book, which has been adopted by over 40 American law schools, is the only legal textbook that contains comprehensive coverage of both health care and retirement plans established by private employers for their workers. The book is unique in its extensive coverage of the implementation of the Affordable Care Act and its impact on employer-sponsored health care plans. Professor Medill uses her book each spring to teach her Employee Benefits Law course at the College of Law.
Blankley becomes Fellow of the American Bar Foundation
Kristen Blankley has accepted an invitation to be a Fellow of the American Bar Foundation. Professor Blankley was chosen due to her leadership within the State of Nebraska, and the nomination is in “recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association.” This is an extraordinary honor as less than 1% of lawyers within each state are asked to join the Fellows.
Collier Visits College as Part of UNL Masters Week
Alumni Masters Week, a program sponsored by the Nebraska Alumni Association, Scarlet Guard and the Chancellor's Office, celebrated its 50th anniversary in 2014. Since 1964, 400 alumni have participated in Alumni Masters Week. Its primary goal has always been to link the university's outstanding alumni with students who can benefit from their experiences and knowledge. All students were encouraged to take part in lectures, presentations and events with the alumni masters, who spoke about ways to apply formal education to working situations and career goals.
Victoria Collier, '02, visited Nebraska Law on November 20-21. In addition to meeting individually with students and various student organizations, Collier gave a presenation titled, "How to Build Your Law Practice grom the Ground Up" Lessons Learned," to a large audience on Thursday.
Victoria Collier established her own law firm in 2002 in Decatur, Ga. A certified elder law attorney, Collier has chaired the Georgia chapter of the National Academy of Elder Law Attorneys, the State Bar of Georgia elder law section and the Atlanta Bar Association elder law committee. She co-founded Lawyers with Purpose, Lawyers for Wartime Veterans, Veterans Advocates Group of America and Trust Associates Inc. Collier served in the U.S. Air Force, 1989 to 1995, and the Army Reserves, 2002 to 2005. A 2002 UNL law grad, she is hosted by the College of Law.
2015 Manfred Lachs Space Law Moot Court Team Announced
The Space, Cyber and Telecommunications Law program is proud to announce the 2015 Manfred Lachs Space Law Moot Court team for Nebraska Law. Third year students Danielle Miller and Jacob Tewes, and second year student Kiersten Haugen, will be representing Nebraska in the national competition this spring. The selection committee graded each candidate on their space law experience, their oral argument background and ability, and their brief writing.
The competition is based on a hypothetical space law dispute before the International Court of Justice. Participating teams are required to submit a formal written argument for both the Applicant State and the Respondent State on the legal issues of the hypothetical case and to argue each side of the case before panels of judges in their respective region. The winning teams from each Regional Round meet in the international final rounds, which are held in conjunction with the annual IISL Colloquium on the Law of Outer Space. The Final Round is traditionally judged by three judges of the International Court of Justice. This unique feature makes the Manfred Lachs Moot Court one of the most prestigious moot court competitions in the world. The competition will take place in late March to early April 2015 in Washington DC at the Georgetown Law College. The winning team will attend the International Rounds, as part of the IISL Colloquium, in Jerusalem in 2015.
Professor Matthew Schaefer will serve as the faculty advisor and LL.M. student Nathan Johnson will be coaching the team this year. Nathan has an extensive background in the subject area and has competed twice in this competition as a J.D. at George Washington Law School. Nebraska Law has a strong presence in the competition, with many of space, cyber and telecommunications law LL.M. alumni judging arguments and briefs (memorials). LL.M. alumni, and current J.S.D. student Giugi Carminati is the now a regional organizer of the competition.
Thank you to Stefanie Pearlman, Matthew Novak, Elsbeth Magilton, Matthew Schaefer, and Nathan Johnson for serving on the selection committee.
Professor Sheppard helps draft Congressional testimony
Professor Sheppard helps draft Congressional testimony and will attend a U.S. Congress joint hearing by the House Committees on the Judiciary and Oversight and Government Reform
The Public Patent Advisory Committee on which Professor Sheppard is lead on finance and budget issues was called to testify before a rare joint hearing by the United States House of Representatives Committee of the Judiciary and the House Committee on Oversight and Government Reform. The hearing, to take place Tuesday November, 18th at 1:30 EST, will explore allegations of USPTO employee abuse of government telework programs that was initially brought to light by the Washington Post and subsequently covered by most major news networks. The hearing will not only explore the action of the USPTO employees but will call into question the effectiveness of telecommuting programs in regards of oversight of employees, accountability to the agency and quality of workproduct.
PPAC, on which Dr. Sheppard is serving her third year, was created by Congress to oversee the management of and advise the leadership of the USPTO. Dr Sheppard is one of nine citizens chosen by the US Secretary of Commerce to fulfill this role to review the policies, goals, performance, budget, and user fees of the USPTO and advise the director on these matters.
Hendrix named Oil and Gas Lawyer of the Year
Bryan Cave (formerly Holme Roberts & Owen) Partner Lynn Hendrix, '78, was named Oil and Gas “Lawyer of the Year” by Best Lawyers in America! Lynn heads up Bryan Cave’s global Energy and Natural Resources Group. In addition to being named “Lawyer of the Year” in Oil and Gas Law, Lynn’s practice depth and breadth is demonstrated by being listed in Best Lawyers in America in Native American Law, Energy Law, Natural Resources Law, Copyright Law, and Information Technology Law. Best Lawyers is one of the oldest lawyer-rating publications in the U.S. and names a single lawyer in each specialty in each community as ‘Lawyer of the Year.’ Those honored have received particularly outstanding ratings in the surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.
Von der Dunk Speaks to Dutch Radio Show on the Rosetta Mission
November 12, 2014 Professor Frans von der Dunk will join the De Kennis Van Nu, which roughly translates as The Knowledge Of Today, radio program to dicuss the Rosetta mission, celestial resource exploitation, and more broadly commercial space activities.
You can learn more about his segment on the De Kennis Van Nu website for the program.
2015 Nebraska Law Trial Team Announced
Six third-year students were named to the 2015 Nebraska Law Trial Team: Katherine Doering, Brian Fahey, Megan McDowell, Adam Odle, Audrey Svane and Rick Tast.
Students will compete in teams of three people in the regional competition that takes places in February. The competition includes several mock trials of a crimincal case, including preparing direct and cross examinations, opening statements and closing arguments. Students will focus on evidence, theory, theme, strategy and all aspects of a trial.
On-Orbit Jurisdication Conference a Success
The 7th Annual Washington, D.C. Space Law Conference on Monday, November 3, 2014 at the National Press Club featured discussion on the challenges and opportunities presented in on-orbit jurisdiction.
The first panel, “On-Orbit Jurisdiction: Government and Industry Views” featured Laura Montgomery (Manager, Space Law Branch, FAA), Karl Kensinger (Deputy Division Chief, Satellite Division, FCC), Glenn Talia (Section Chief, Weather, Satellites, and Research Section, NOAA), Brian Israel (Attorney-Advisor, US Dept. of State), Caryn Schenewerk (Counsel & Director of Government Affairs, SpaceX), Russ McMurry (Senior Counsel, Boeing Network & Space Systems), Franceska Schroeder (Principal, Fish & Richardson), and moderators Professor Frans von der Dunk & Dennis Burnett.
The second panel, “On-Orbit Jurisdiction - Perspectives from Different Elements of Space Sector - Views from Property Rights Interests and Sub-Orbital Activities”included Mike Gold (Chair, COMSTAC), Peter Marquez (VP for Global Engagement, Planetary Resources), Marc Holzapfel (Senior VP & General Counsel, Virgin Galactic), Patti Grace Smith (Principal, PGS Consulting), Jim Muncy (Principal, PoliSpace Consulting), and moderators Professor Matthew Schaefer and Dennis Burnett.
The ABA Space Law Committee, together with AstroEsq.com, invited students and professionals in the DC area to meet up for drinks, community, and conversation following the 7th Annual Nebraska Law DC Space Law Conference at the District Commons.
Von der Dunk and Magilton Present at Doane College
Space, Cyber and Telecommunications Law Program Professor Frans von der Dunk and the program's Executive Director Elsbeth Magilton (Nebraska Law Class of 2011) presented at Magilton's aluma mater, Doane College (Class of 2008), on Thursday October 30, 2014.
At the invitation of Professor Wendy Hind, von der Dunk and Magilton discussed the law college programs and the developing commercial space industry with two undergraduate Business Law courses on the Crete, Nebraska campus. Topics included third-party liability, space flight participants, and other upcoming legal issues facing the industry.
LL.M. Student and Alumni Present at Embry-Riddle Aeronautical University
Current 2015 LL.M. canidate Nathan Johnson and 2013 LL.M. alumni George A. Long both participated in panels at the 1st Annual Space Traffic Management (STM) Conference hosted by the Embry-Riddle Aeronautical University’s Commercial Space Operations degree program at the Daytona Beach campus.
The November 5th & 6th, 2014 STM conference offered academia and leaders of government and industry a forum for discussing the complex, diverse, and timely issues of aviation and space traffic coordination, space launch, space weather, and space debris. The conference’s plenary sessions brought together for discourse multiple disciplines and different aspects of the space traffic management world.
The conference agenda is available on the Embry-Riddle website.
Thimmesch has tax discrimination essay published
Professor Adam Thimmesch's essay, "Comptroller v. Wynne and the Futile Search for Non-Discriminatory State Taxation," was just published as part of a roundtable put together by the Vanderbilt Law Review En Banc. The essay analyzes the meaning of tax discrimination under the dormant Commerce Clause and cautions the Court against adopting an overbroad standard that would conflict with states' historic taxing autonomy.
The piece can be found at http://www.vanderbiltlawreview.org/content/articles/2014/11/Comptroller-v.-Wynne-and-the-Futile-Search-for-Non-Discriminatory-State-Taxation.pdf.
Medill elected a fellow of the American College of Employee Benefits Counsel
Colleen Medill has been elected a fellow of the American College of Employee Benefits Counsel in recognition of her sustained outstanding performance in the law profession. She is the first fellow from Nebraska and was inducted during the counsel's 15th annual dinner and ceremony Oct. 25 in Washington, D.C.
The ACEBC was established in 2000 to recognize the nation’s leading experts in the field of employee benefits law. Election as a fellow is the highest form of professional recognition in the employee benefits law field. Selection is based on proof of a sustained commitment to the development and pursuit of public awareness and understanding of the law of employee benefits through such activities as writing, speaking, participating in public policy analysis, public education or public service for at least twenty years.
At UNL, Medill teacher an employee benefits law course using her textbook, "Introduction to Employee Benefits Law: Policy and Practice," (West Academic, fourth edition, 2014). The textbook is being used in more than 40 law schools in the United States.
Medill is the author of numerous law school articles on employee benefits topics and is a frequent speaker at national conferences on current trends in employee benefits law.
Moberly Re-Appointed to OSHA Committee
Secretary of Labor, Thomas Perez, re-appointed Professor Richard Moberly to a two-year term on the OSHA Whistleblower Protection Advisory Committee. The Committee advises, consults with and makes recommendations to the secretary of labor and the assistant secretary of labor for occupational safety and health on ways to improve the fairness, efficiency, effectiveness and transparency of the Occupational Safety and Health Administration's whistleblower protection programs.
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.
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.
Update (via Bloomberg):
A divided U.S. Court of Appeals for the Eighth Circuit drew a road map to show creditors of consumer bankrupts how to avoid preference judgments (Pierce v. Collection Assocs. (In re Pierce), 8th Cir., No. 14-1365, 3/9/15). The case before the St. Louis-based court involved a creditor with a judgment who garnished a man's wages. In the preference period, the employer sent about $850 in garnished wages to the state court. The court had sent about $550 to the judgment creditor before bankruptcy. When the bankrupt notified the court that he had filed for bankruptcy, the court sent some $300 back to him. The bankrupt sued for a preference, seeking to “avoid” the entire $850 garnishment. The complaint only sought return of $550. Citing Section 547(c)(8) of the Bankruptcy Code, the bankruptcy court dismissed the suit. That section of the law provides a defense in a suit regarding a consumer bankrupt barring a preference judgment when the transfer is less than $600. The decision was upheld by the Bankruptcy Appellate Panel. In a 2-1 decision, the Eighth Circuit reached the same conclusion.
Writing for the majority, U.S. Circuit Judge Bobby E. Shepherd upheld the dismissal. Although he acknowledged that garnished wages are transferred to the creditor “when earned,” the judge said he couldn't overlook the fact that the suit only sought return of $550. U.S. Circuit Judge Steven M. Colloton dissented. He said Nebraska law provides that wages are earned when services are performed, not when paid. The creditor gained ownership of the wages when earned, he said. Colloton focused on how the complaint sought to avoid the entire $850. He said the complaint “merely reflects the fact” that $300 was already returned. The bankrupt was represented in the circuit court by the Clinical Law Program at the University of Nebraska College of Law. Professor Kevin Ruser, who was the supervising faculty on the brief, said in a phone interview that they are “evaluating” whether to request rehearing before all active judges on the Eighth Circuit. Where courts follow the Eighth Circuit majority, a creditor of a consumer bankrupt could return enough money after bankruptcy to reduce the net to less than $600, thereby avoiding a preference judgment for what it kept.
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
If you have any questions or concerns please contact:
Elsbeth J. Magilton
Space, Cyber & Telecommunications Law Program Executive Director | 402-472-1662 | firstname.lastname@example.org
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.
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.
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!"
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.
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.
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.
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 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.
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.
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.
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
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.
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.
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!
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.”
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!
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.
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 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.
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 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."