2013
Professor Schaefer Professor Matthew Schaefer Publishes Article in Orlando Sentinel

This week Professor Matthew Schaeferpublished his article entitled “Boost Space Industry: Front & Center’. With NASA concentrating on deep-space exploration and interest growing in space tourism, the commercial space industry looks ready for takeoff in the United States. Florida, still the nation's No. 1 spaceport, is well positioned to benefit. But legal problems could stall the industry's ascent in the U.S. Read more.

Professor Gradwohl Professor John M. Gradwohl, 1930 – 2014

The University of Nebraska College of Law mourns the passing of Professor John M. Gradwohl, 1930-2014, who taught at the College for over 50 years. John was an expert in labor arbitration, legislation, and tax law. John's commitment to this law school and to our students was extraordinary. We will miss him dearly.

Professor Berger Professor Eric Berger Publishes Article on Originalism Pretenses

Professor Eric Berger recently published an article entitled “Originalism’s Pretenses”. This symposium contribution reviews recent scholarly developments in originalism and contends that originalism’s capacity to fix constitutional meaning and constrain judicial decision making is overstated in both practice and theory. Read the full article here.

Professor Potuto Professor Josephine Potuto Honored for Work with Scholar-Athletes

Jo Potuto, professor of law and UNL's faculty athletics representative, was presented with a commemorative plaque from the National Football Foundation Faculty Salutes Initiative. The award, sponsored by Fidelity Investments, recognizes the contributions of faculty athletics representatives from schools with an athlete listed in the NFF's National Scholar-Athlete Class. Potuto also received the award in 2012 for her work with NFF National Scholar-Athlete Rex Burkhead. Read the full article here.

Professor Dority Baker Professor Marcia Dority Baker Publishes Article

Marcia Dority Bakerpublishes an article entitled “The deployment of the terms indigenous, aboriginal, and Indian in the texts of international constitutions”. Indigenous societies around the world are stepping forward to take their place as an equal partner in their nation’s future. In many cases, these efforts have been undertaken in response to the development and the recent publication of the Declaration of the Rights of Indigenous Peoples, as endorsed by the United Nations Working Group on Indigenous Populations. Read the article here.

Professor Burkstrand Reid Professor Beth Burkstrand-Reid's Publishes Article in December by the Hastings Law Journal.

On February 5, 2014, Beth Burkstrand-Reid's article From Sex for Pleasure to Sex for Parenthood: How the Law Manufactures Mothers was published in December by the Hastings Law Journal. The article explores the treatment of women's sexuality in the law. Specifically, it looks at how reproductive health-related laws concerning birth control, abortion, and pregnancy treat all women as mothers or potential mothers. The article was featured as recommended reading on Lawrence Solumn's Legal Theory blog, a prominent blog that highlights the best writing in all areas of law.

Professor Sheppard Sheppard to Speak at Naples Midwinter Patent Law Experts Conference

Professor Christal Sheppard has been invited to speak at the Naples Midwinter Patent Law Experts Conference in Naples, FL February 10-11, 2014. Sheppard joins a number of esteemed law professors who specialize in patent law. To learn more please visit the conference website here.

Dean Poser Dean Susan Poser Appears in The National Jurist

In the most recent release of The National Jurist, Dean Susan Poser was interviewed for the article entitled "Wanted: Rural Lawyers". The article articulates the need for lawyers in rural communities and the efforts bar associations and law schools are making to get graduates practicing in these areas. Read the article here.

Professor Berger Professor Eric Berger Appears on Huffington Post Live

On February 5, 2014 Professor Eric Berger appeared on HuffPostLive discussing two cases raising 8th amendment issues on January 24, 2014. See the full segment here.

Professor Zellmer Zellmer Reviews Book for High Country News

Professor Sandra Zellmer appeared in High Country News reviewing Robert B. Keiter's book "To Conserve Unimpaired: The Evolution of the National Park Idea" this week. To read the full review, An Unvarnished View of America's Best Idea, go to http://www.hcn.org/issues/45.22/an-unvarnished-view-of-americas-best-idea.

Professor Thimmesch Thimmesch Article To Be Published in Virginia Tax Review
Professor Adam Thimmesch's article, "The Tax Hangover: Trailing Nexus" was accepted for publication in the Winter 2014 issue of the Virginia Tax Review. Thimmesch teaches Individual Income Tax, Corporate Finance, and Business Associations. His scholarship focuses on the constitutional implications imposed on state taxing power.
Professor von der Dunk Professor Frans G. von der Dunk Keynote Speaker at the FAA Space Transportation Conference
On February 5, 2014 Professor Frans G. von der Dunk will be the keynote speaker at the 17th Annual FAA Commercial Space Transportation Conference in Washington DC. To read more about this conference and to see the full speaker program click here. Professor von der Dunk will also be speaking at the Military Law Seminar organized in conjunction with the Air Force’s 55th Wing Legal Office's at Offutt AFB February 13, 2014.
Professor Duncan Duncan Article Accepted for Publication
Professor Rick Duncan's article, Just Another Brick in the Wall: The Establishment Clause as a Heckler's Veto, has been accepted for publication in the Spring 2014 Issue of Texas Review of Law & Politics. The article critiques the Supreme Court's jurisprudence concerning passive religious displays in the public square, and the true source of the Court's Wall of Separation between church and state metaphor. A free copy of the article can be found here.
Professor Dority Baker Dority Baker Writes Book Chapter on Social Software

Professor Marcia Dority Baker wrote a chapter on "Social Software" for the recently published book, "Law Librarianship in the Digital Age", edited by Ellyssa Kroski. More details on the book can be found  here.

Professor Ruser with students Civil Clinic Holds First of Advanced Directive Clinic

The College's Civil Clinic Program recently held the first of 4 Advanced Directive Clinic (ADC) in Beatrice. The program is a joint venture between the Nebraska Department of Health and Human Services (NDHHS), Legal Aid, and the College of Law, funded through a federal grant awarded to NDHHS. The purpose of the ADC is to provide limited free estate planning services to senior citizens in rural communities with no access to programs such as the Civil Clinic. Future ADC programs will take place in Kearney, North Platte and Scottsbluff in the spring.

Professor Berger Berger Delivers Presentations at Richmond, St. Louis University, Loyola

This semester Professor Eric Berger has presented at several different law schools across the country. Berger presented “The Rhetoric of Constitutional Absolutism” as part of the Faculty Colloquy Series at University of Richmond School of Law. He gave the same talk at St. Louis University School of Law. Berger also presented a paper entitled “The Politics of Constitutional Certainty” at the Fourth Annual Loyola Constitutional Law Colloquium at Loyola University Chicago School of Law on Nov. 1, 2013.

Professor Zellmer Zellmer Publishes Textbook

Professor Sandra Zellmer recently published a textbook, Comparative Environmental and Natural Resources Law (Carolina Press 2013), that provides a comparative look at environmental and natural resource laws governing water, waste, biological diversity (wildlife and habitat), and environmental assessment. It focuses on the United States, Canada, England, New Zealand, and India. The first four countries are chosen for comparative analysis because of their common cultural roots yet divergent environmental problems and strategies. The fifth nation, India, is a country deeply influenced by England but charting its own course as an emerging economic giant, whose growth poses significant implications for biological diversity, climate, and the environment.

Professor Potuto Potuto Presents at University of Mississippi College of Law
Professor Josephine Potuto recently presented "The NCAA Today: Identity and Challenges" to the University of Mississippi College of Law as part of its lecture series. During the presentation, Potuto discussed the two major challenges facing the NCAA today: revamping NCAA Division I governance so that schools in its largest conferences can use resources to do more for student-athletes; and, enhancing the student-athlete experience while maintaining the amateurism principle. 
Professor Shoemaker Shoemaker Organizes, Moderates Session at Rural Futures Conference

Professor Jessica Shoemaker organized and moderated an extended session, "Governing the Land: Maximizing Rural Places Locally and Globally," at the Rural Futures Conference in Lincoln on Tuesday, Nov. 5. The conference had 540 people from around the world attend. The highly interactive session incorporated the expertise of scholars from abroad, including work from the international Office of Economic Cooperation and Development's Rural Working Group, as well as regional experts on topics ranging from energy development to water concerns, land use planning to natural resource management.

Professor Beard's medal and certificate 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.

Professors Beard, Schaefer, von der Dunk, Lepard and Elsbeth Magilton Beard, Schaefer, von der Dunk, Shavers, Lepard Participate in ABILA International Law Weekend

Several members of the faculty 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. This year's conference theme 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. 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.” Human trafficking expert Professor Anna Shavers spoke on “Combatting Human Trafficking Through International Law.” Professor Brian Lepard also attended the conference, led a committee meeting, and visited United Nations Officials during the conference.

Professor Schutz Schutz Presents at American Agricultural Law Association's Annual Conference

Professor Anthony Schutz presented at the American Agricultural Law Association's Annual Conference in Madison, Wisc. on Friday, Nov. 1. Schutz is on the board of directors for the organization and provided conference attendees on environmental legal issues in the agricultural sector.

Professor Blankley Blankley Speaks at ABA Section of Dispute Resolution Teleconference
Professor Kristen Blankley recently was a speaker at a teleconference hosted by the ABA Section of Dispute Resolution on "The Clients' Rights to Informed Consent: Considerations for Dispute Resolution and Limited Scope Representation." The program considered the potential duties and responsibilities of lawyers and neutrals engaged in limited representation and other innovative approaches to practice.
Professor Shavers College to Host Combatting Human Trafficking Panel Discussion on Oct. 10

The College of Law will host a panel discussion,"Combatting Human Trafficking Through Prevention, Prosecution and Partnerships," on Thursday, October 10 beginning at 12:00 p.m. in Hamann Auditorium. Panelists include Anita Sheth, senior advisor, social compliance and development for Fairtrade International in Bonn, Germany; Theresa Flores, a human trafficking survivor, victim's advocate, and author of "The Slave Across the Street" and "Sacred Bath;" and John Higgins, assistant U.S. Attorney for the District of Nebraska. Professor Anna Williams Shavers will serve as moderator.

Professor Moberly Moberly Spoke at Loyola University Chicago School of Law
On Friday, October 25, Professor Richard Moberly spoke at a conference sponsored by the Loyola University Chicago School of Law's Institute for Investor Protection and Institute for Law and Economic Policy. The conference was titled, "Strategies for Investigating and Pleading Securities Fraud Claims," and Professor Moberly was a member of a panel that talked about the Law, Policy and Ethics Governing Whistleblowing.
Professor Lenich Lenich to Deliver Next S.T.I.R. Talk
Professor John Lenich will deliver "Issues in Electronic Discovery: Would You Mind If I Copied Your Hard Drive?" on Thursday, October 24 as the next speaker in the Schmid Law Library's S.T.I.R. Lecture series. The event begins at 4:00 p.m. with Lenich's talk beginning at 4:30 p.m. S.T.I.R. was introduced to the College last year by Schmid Law Library and is the College's own version of TED talks. Each speaker has 15 minutes to present their scholarship to an audience comprised of faculty, staff and students.
Professor Tomkins Tomkins Named Winters Award Winner
Professor Alan Tomkins has been named the winner of a national award for contributions to the administration of justice by the American Judges Association. Tomkins will receive the Glenn R. Winters Award, which the AJA gives to recognize a non-judge who has significantly contributed to the administration of justice. Tomkins, the director of the University of Nebraska Public Policy Center, was recognized for his work in editing two legal journals; in making social science information accessible to the legal community; and his work through the Center in assisting courts.
Professor Burkstrand Reid Burkstrand-Reid Article Selected for Inclusion in "Women and the Law"
Beth Burkstrand-Reid's article, Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, and Making the Law Work for Families, was selected for inclusion in "Women and the Law," a book published by Thompson-Reuters Westlaw, that is an annual collection of some of the most significant academic contributions in the area of gender law. This is the third time Professor Burkstrand-Reid's work has been selected for republication in it. Her article "'Trophy Husbands' and 'Opt-Out' Moms" was selected for republication in 2011.
Professor Potuto Potuto Quoted in Several News Media Outlets on NCAA
Professor Josephine Potuto was quoted in several news media outlets last week regarding various NCAA governance issues. In the Inside Higher Ed article "Easing Up on Penn State," Potuto discusses her reservations about the handling of the Penn State/Sandusky scandal. Potuto was also quoted in the articles"First Proposal for New NCAA Division Appears," and CBSSports.com's article "Board of D-1 reps formally proposes Division 4 for NCAA." In both, Potuto discusses the NCAA FAR board's proposal that the FBS become a new division of the NCAA.
Professor Lepard Lepard Delivers Paper at University of Geneva
Professor Brian Lepard delivered a paper on “The Necessity of Opinio Juris in the Formation of Customary International Law” at a conference on “The Role of Opinio Juris in Customary International Law” held at the University of Geneva. The conference was sponsored by the Duke-Geneva Institute in Transnational Law and the American Society of International Law. It brought together scholars and members of the U.N.’s International Law Commission to discuss how to identify and apply customary international legal norms. Lepard is currently working on editing a volume of essays on customary law entitled “Reexamining Customary International Law.”
Professor von der Dunk Beard’s Articles Accepted for Publication by the Vanderbilt Journal of Transnational Law and the Georgetown Journal of International Law
Professor Jack Beard’s article entitled “Legal Phantoms in Cyberspace: The Ambiguous Status of Information as a Weapon and a Target under International Humanitarian Law” has been accepted for publication by the Vanderbilt Journal of Transnational Law. His article entitled “Autonomous Weapons and Human Responsibilities” has been accepted for publication by the Georgetown Journal of International Law. Both articles explore challenges to International Humanitarian Law/the Law of Armed Conflict presented by new and emerging military technologies.

Professor Beard will present his article “Legal Phantoms in Cyberspace” during a panel discussion at the annual meeting of the American Branch of the International Law Association (ABILA) in New York City. The presentation will be part of the 2103 International Law Weekend sponsored by ABILA and the International Law Students Association. This annual conference attracts an audience of more than one thousand practitioners, academics, diplomats, members of the governmental and nongovernmental sectors as well foreign policy and law students who are learning about the range of practice and career opportunities. Professor Beard, who serves as the national Co-Chairman of the 2013 International Law Weekend, will also chair a panel at the conference exploring issues related to the topic: “Rethinking the Rules for Conflict and Competition in Cyberspace.”

Professor von der Dunk von der Dunk Lectures at Xi'an Jiaotong University
Professor Frans von der Dunk recently visited Xi'an Jiaotong University Law School to lecture. On September 29, von der Dunk presented an introduction to space law. The following day he lectured on International and U.S. Law on export controls of dual-use sensitive goods.
Professor Burkstrand-Reid Burkstrand-Reid Quoted by AP in Article Addressing Drop in Abortions
Professor Beth Burkstrand-Reid was quoted in an Associated Press articleaddressing a report indicating that abortions in Nebraska have fallen to a 20-year low. In the article, Burkstrand-Reid argues that it is difficult for anyone to identify the exact reason for the decline and identifies several factors that could contribute to it.
Professor Schaefer 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.
Professor Duncan Duncan Traveled to Seattle As Guest Lecturer
Professor Rick Duncan spoke at Seattle University Law School on Tuesday, September 10th on "Judge Bork's Legacy: Originalism vs. the Living Constitution - Suppose Both Are Right?"
Professor Shavers Shavers Participates in Microsoft Panel Discussion

Professor Anna Shavers participated in a panel discussion held at Microsoft's Silicon Valley campus on Monday, September 9th. The participants were researchers on Microsoft grants awarded to explore the role of technology in child sex trafficking. Attending the discussion were representatives from various silicon valley technology companies, government agencies, NGOs and other experts.

Professor Sheppard Sheppard Quoted by OWH in Article Addressing Patent Trolls

Professor Christal Sheppard was quoted in an August 28th Omaha World Herald article, "Nebraska Attorney General Jon Bruning has no role in patent fight, firm argues." In the article, Sheppard discusses the problem presented by "patent trolls" and what is being done to address the problem.

Professor Potuto Potuto Explains Reasoning Behind FBS Proposal
Professor Jo Potuto was quoted in an article,"Faculty Leaders Endorse New Division for Richest NCAA Programs," by the Chronicle of Higher Education. As past chair of the 1A FAR, a group of faculty-athletics representatives, Potuto explains the reasoning behind that group's recent proposal that the most-powerful athletics conferences form a separate NCAA division. Potuto was also quoted on the subject in the USA Today.
Professor Blankley Blankley Appointed to Parenting Act Review Group
Professor Kristen M. Blankley has been appointed to serve on the Nebraska Office of Dispute Resolution Parenting Act Review Group, Phase II. This advisory panel is charged with reviewing proposals to evaluate the Parenting Act. Other members of the panel include lawyers, mediators and academics. The ultimate work product will be presented to the state legislature to inform lawmakers and the effectiveness of the Parenting Act.
Signing in Mexico UNL, UNAM to Collaborate on Trial Advocacy Courses

Professor Steven J. Schmidt and Prem Paul, UNL Vice Chancellor for Research and Economic Development were in Mexico City on May 31st and signed a collaboration agreement between the College of Law and the Superior Court of Justice for the Federal District. The agreement calls for Professor Schmidt to return with a team of instructors to provide two week-long trial advocacy courses for the family law judges and magistrates of the Superior Court. During the courses, the participants will learn every aspect of an oral adversarial trial - opening, closing, direct and cross-examination as well as the role of the judge. This agreement follows a prior partnership between the College of Law and the Universidad Nacional Autónoma de México (UNAM) to provided trial advocacy instruction in response to Mexico’s constitutionally mandated reform of their criminal justice system whereby criminal cases would be resolved by oral trials.

Professor Zellmer Zellmer Blog: Nebraskans Making a Difference in Keystone XL Fight

Professor Sandra Zellmer recently blogged for CPRBlog, the official blog for the Center for Progressive Reform. In her blog post, Zellmer examines the impact Nebraska activists are having on the fight to have a new Keystone XL pipeline routed through the state.

Professors Lenich and Sheppard Sheppard, Lenich Quoted in National, Local Press

Professors Christal Sheppard and John Lenich were recently quoted by media outlets. Sheppard was quoted by the Wall Street Journal in "Veto of Apple Ruling LIkely to Upend Big Patent Battles." And, Lenich was quoted in a Lincoln Journal Star article that examined judicial appointments in the state, "Heineman building far-reaching judicial legacy."

Professor Bradford Bradford Speaks on JOBS Act in Seoul

Professor Steve Bradford traveled to Seoul, Korea to deliver, "Facilitating Small Business Capital Formation: The JOBS Act, Crowdfunding, and Internet Securities Offerings," at the 23rd Anniversary International Academic Conference of the Korean Legislation Research Institute. The institute is a government-sponsored policy institute and the conference itself focused on "Creative Economy through Smart Regulation for Startups and Technological Innovation."

E-clinic students in class Entrepreneurship Clinic to Host Next "Thinkers & Tinkerers"

Professor Brett Stohs will host the next "Thinkers & Tinkerers," a monthly event sponsored by NUtech Ventures, on August 6th from 4-5 p.m. Among other things, Stohs will outline the basics regarding legal matters the Clinic handles, describe the process for becoming a client, and highlight some of the success and challenges faced during the first two semesters of the Clinic's operation.

Professor Potuto Potuto Quoted in NYT Article Addressing Manziel, NCAA
Professor Jo Potuto was quoted in a New York Times Article, "A Heisman Winner, and Rule Book, Under Fire," on August 5.
Professor Berger Berger Presents at Southeastern Association of Law Schools Conference

Professor Eric Berger recently delivers two presentations at the Southeastern Association of Law Schools Conference (SEALS). Berger was part of a discussion group on "Teaching About the Supreme Court," and presented "Teaching About the Supreme Court in Constitutional Law and Statutory Interpretation Classes." Berger was then on a panel entitled "Do Theories of Constitutional Interpretation Matter?" and presented his paper "Constitutional Theory's Grand Ambitions and Modest Accomplishments."

Professor von der Dunk von der Dunk Speaks at Space Security Conference

Professor Frans von der Dunk recently participated as a panelist during the UNIDIR conference Space Security Conference 2013. The conference, "Enhancing Confidence, Ensuring Space Stability," focused on the potential negative impacts of emerging security threats on all types of outer space activities. von der Dunk spoke on a panel dealing with emerging threats to space security, including the challenges for human space activities.

Professor Dority Baker Dority Baker Presents at CALIcon13
Professor Dority-Baker co-presented with Roger Skalbeck from Georgetown at CALIcon13 (Conference for Law School Computing) held at ITT Chicago-Kent College of Law on June 13th. The presentation, "Finding + Tuning Social Signals," addressed technology options of how to add value to organizations by using tools to find and tune important digital content for our law school communities.
Professor Lenich Lenich Speaks at County Judges' Summer Education Meeting

Professor John Lenich spoke on electronic discovery at the 2013 Nebraska County Judges' Summer Education Meeting on June 26. In his presentation, Lenich discussed the rules governing the format for producing electronic documents, the objections that can be made to discovery requests for electronic documents, the situations in which courts should allow forensic imaging of hard drives, and the sanctions that courts can impose for failing to preserve relevant electronic documents.

Professor Burkstrand-Reid Burkstrand-Reid Article Selected for Republication
Professor Beth Burkstrand Reid's work “Dirty Harry Meets Dirty Diapers: Masculinities, At-Home Fathers, and Making the Law Work for Families” was selected for republication in the book Women and the Law, published by Thompson Reuters. This is the third time Burkstrand-Reid's writing has been selected for the annual publication, which features cutting-edge research on the intersection of law and gender. Her article "Trophy Husbands" and "Opt-Out" Moms was featured in 2012, while her article "The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence", was featured in 2010. Professor Burkstrand-Reid's research focuses on reproductive health and gender roles in families.
Professor Berger Berger Speaks with Media Outlets about DOMA, Proposition 8

In the wake of the U.S. Supreme Court's rulings on DOMA and Proposition 8, Professor Eric Berger spoke with various media outlets about the decisions and their impact in Nebraska. Berger was quoted in the Lincoln Journal Star, appeared on KTIT radio, Jack & Dave in the Morning, and 10/11 News, among others.

Professor Sheppard Sheppard Quoted in OWH Patent Trolling Article

Professor Christal Sheppard was quoted extensively in an Omaha World Herald article, "Targets of patent 'troll' include First National Bank." In the article, Sheppard defines what a patent troll is and also discusses how cases such as the one that serves as the basis of the article are typically resolved.

Professor Willborn Willborn Delivers Keynote at Access to Social Justice Conference
Professor Steve Willborn delivered the keynote address at a conference sponsored by the International Association of Labor Law Journals and the Cetre du Droit Compare du Travail et de law Securite Sociale. The conference was entitled "Access to Social Justice in International and Comparative Law." Willborn was selected to give the final keynote which summarized the conference and provided commentary on it.
Professor Moberly Moberly Receives National Attention for Thoughts on NSA, Snowden
Associate Dean and Professor Richard Moberly was in the news last week as several news outlets sought his opinion about national security leaker, Edward Snowden, and the NSA surveillance program. Moberly appeared on Jack & Dave in the Morning, and was quoted in an ABC News article. He also was one of the writers in The New York Times Room for Debate on the topic. Moberly blogs on the topic of secrecy and is widely known for his expertise in whistle-blower laws. He is teaching a class on the Law of Secrecy this summer in the College's Cambridge program.
Professor von der Dunk & Dean Poser 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.
Professor Bradford Bradford Quoted in Washington Post Crowdfunding Article
Professor Steve Bradford was quoted in a Washington Post article,"'Crowdfunding' trend poised to make mark on U.S. investing landscape." Bradford has written the leading publication on the topic of crowdfunding, and testified before the Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs, U.S. House of Representatives Committee on Oversight and Government Reform last summer. 
Professor Schmidt Schmidt Receives Courtesy Appointment to Forensic Science Department
Professor Steve Schmidt has received a courtesy appointment as an Associate Professor of UNL's Forensic Science. His appointment has a five-year term and allows him to actively participate in teaching, research, and extension activities of the Forensic Science department.
Professor Blankley Blankley Speaks at Labor and Employment Law Institute
Professor Kristen Blankley spoke last week at the University of Louisville, Louis D. Brandeis School of Law at the 30th Annual Carl A. Warns, Jr., Labor and Employment Law Institute. The Warns Institute focuses on Labor and Employment law, as well as on arbitration issues. Blankley was solicited to present on the issue of Arbitration Ethics. Following the Institute, Professor Blankley will publish her third article in the area of arbitration ethics with the University of Louisville Law Review.
Professor Schmidt Schmidt Nominated for Board of Trustees for American Inns of Court
Professor Steve Schmidt has been nominated to serve on the Board of Trustees for American Inns of Court. Justice Kenneth Stephan from the Nebraska Supreme Court submitted a nomination letter in support of Schmidt. Professor Schmidt will also be presenting at the National Leadership Summit for American Inns of Court in New Orleans in May.
Professor Duncan Duncan Appears on Nebraska Public Radio
Professor Rick Duncan was recently interviewed for a story on religion and the "blue laws" in a story that aired last week on Nebraska Public Radio. The story addresses the 100th anniversary of the vote by the Nebraska State Legislature to end the "blue law" that prohibited playing baseball on Sundays.
Professor Thimmesch Thimmesh Op Ed Addresses Internet Sales Tax

Professor Adam Thimmesch's op ed, "Misleading claims muddle debate over Internet sales tax," appeared in the Sunday, April 14 edition of the Omaha World Herald.

Professor Blankley Blankley Elected to NMA Leadership
Assistant Professor Kristen M. Blankley was recently elected the Vice President of the Nebraska Mediation Association, the largest statewide association of mediators in the state of Nebraska. NMA policy states that following a one-year term as Vice President, the Vice President will assume the role of President. NMA is involved in mediation training and outreach throughout the state of Nebraska.
Professor Burkstrand-Reid Burkstrand-Reid Presents at Gender Matters: Women, Social Policy, and the 2012 Election
Professor Beth Burkstrand-Reid presented her research on sexuality and reproduction at the American University's symposium Gender Matters: Women, Social Policy, and the 2012 Election. The meeting brought together legal scholars from across the country to discuss the ramifications of the re-election of President Barack Obama for women and was sponsored by the American University Journal of Gender, Social Policy and the Law. Burkstrand-Reid's latest research on sexuality and the law will be published in the Hastings Law Journal in December 2013.
Professor Shavers Shavers Participates in Human Trafficking Panel

Professor Anna Shavers was part of a panel assembled to discuss human trafficking issues at the Nebraska Human Trafficking Summit held on April 22. Other panelists included Senator Amanda Gill; Paster Tom Barber, executive director of the People's City Mission; Leticia Monifas, executive director of Central Nebraska Human Trafficking & Immigration Outreach; Allie Busch, student president NUSAMS; John Freudenberg, assistant attorney general; Mike Smith, director of The Bay; Christopher Webster, Lincoln Public Schools; and, a a survivor of sex trafficking.

Professor Burkstrand-Reid Burkstrand-Reid quoted in ABC News report on Gosnell trial
Professor Beth Burkstrand-Reid was quoted in an ABC News storyabout Dr. Kermit Gosnell and the national impact the trial currently taking place in Philadelphia is having on the national debate on abortion. Burkstrand-Reid joined the faculty in 2010 and teaches torts, family law, and sex-based discrimination.
Professor von der Dunk Q&A With Professor von der Dunk about Space Tourism

1.  Is 'space tourism' going to be a serious business, or is this some crazy millionaire's dream? 

This is serious. At least two companies are close to flying spacecrafts up to altitudes of 110 - 120 km - well above the unofficial lower boundary of outer space. Virgin Galactic plans to offer its first customer flights from New Mexico's Spaceport America towards the end of 2013, allowing up to six passengers per flight. The enjoyment of some five minutes of weightlessness will come at a ticket price of $ 200,000. It would thereby just beat XCOR, whose Lynx' vehicle is planned to fly from the Dutch Caribbean island of Curacao in early 2014. The Lynx can carry one passenger at a time, against a ticket price of € 95,000. Several other prototypes of suborbital vehicles are under development by others. 

2.  What involvement does the Space, Cyber and Telecommunications Law program have with the impending space tourism business?

The Federal Aviation Administration (FAA) is the federal U.S. agency tasked to regulate space tourist flights taking place within U.S. jurisdiction. Over the last few years, Nebraska Law’s program has built up a working relationship with the FAA's Office for Commercial Space Transportation, inviting several of the key officers to Lincoln-organized conferences, and in turn speaking at FAA conferences and meetings of the International Astronautical Federation's Committee on the Safety of Commercial Spaceflight. Currently, the FAA is developing the concept of a Center of Excellence in Commercial Spaceflight to which our program will be associated as the academic institution providing the appropriate legal and regulatory knowledge. This relationship might give rise to a dedicated research program on the legal and regulatory issues.

What is 'space tourism' all about, legally?

This novel industry is currently regulated under a light-touch approach. Essentially, this approach boils down to a set of licensing requirements that only address third-party liability and general technical/operational safety issues without imposing specific requirements on crew or certification of craft. This regime, however, is intended to be temporary, partly because it is not yet clear which of the various types of vehicles currently being developed will be successful. Subject to increased experience, it is expected that the FAA will gradually develop a stricter regime. Such a regime will also have to give consideration to international obligations of the United States under existing space law and aviation treaties. Meanwhile, various individual U.S. states (New Mexico, Texas, Virginia, Florida and California) have established their own laws focusing in particular on the ‘informed consent’ approach to make themselves more attractive to the various companies intent on providing private commercial manned flights. These developments therefore also raise issues of federal versus state jurisdiction, as well as the general balance between the interests in stimulating an infant industry and those of the general public, including safety, security and the environment.

4.  Does the 'space tourism' industry understand the relevance of having an appropriate legal and regulatory regime, or would they prefer to go unregulated as long as possible?

Obviously, the industry would not favor over-regulation, and hence are generally skeptical about applying existing aviation regulation, which is detailed and elaborate, to their flights. Yet, as this is all about trust, the frontrunners in the business clearly see the importance of being recognized as bona fide serious companies taking the safety of their passengers as seriously as possible. SXC, the Dutch-originated company marketing and selling the Lynx flights, is actually pressuring the Curacao government to provide for appropriate regulation including a licensing regime. Certainly as long as this concerns an infant industry, where one major accident could potentially undue the whole sector, it is in everybody's interest to ensure that only companies with the appropriate technical and operational knowledge and background will join the business, and a legal regime is absolutely necessary to guarantee that. In addition, it must be said that the application by the FAA, whose task it also is to stimulate this new industry, of an 'informed consent' regime goes a long way of meeting any industry worries about over-regulation.

5.  To what extent would this also be something to be regulated at the international level?

In view of plans to start offering suborbital flights elsewhere around the world - most realistically in the northern part of Sweden (and perhaps some other European venues), the United Arab Emirates, Singapore and the northern island of Japan - it would seem that at some point an international regime overlaying national regimes, for example like the International Civil Aviation Organization has done with respect to international aviation, would make sense. As long as suborbital flights are essentially up-and-down sophisticated bungee jumps, the only justification would lay in a possible risk of 'flags of convenience', less-than-bona fide operators wishing to launch from countries with no serious regulation at all, but this risk seems fairly small for the time being. Once, however, the technology starts to become used for flights from New York to Tokyo in one hour instead of twelve - as, for example, Virgin Galactic has already indicated it is ultimately aiming for - such an international, ICAO-like regime would certainly become necessary.

Professor Zellmer Zellmer in Media Addressing Pipeline, Rivers

Professor Sandra Zellmer was in the media this week addressing the Keystone pipeline debate and the instream flows of the State's rivers. On April 18, Zellmer was quoted in a Bloomberg article, "Keystone Fought by Nebraska Landowners Vowing to Block."Earlier in the week, her editorial, "Living rivers: The lifeblood of our state" was published in the Lincoln Journal Star.

Professor Bradford Bradford Presents at PLI Program
Professor Steve Bradford spoke about crowdfunding on April 15 in New York City at a PLI program on "Private Placements and Other Financing Alternatives." Bradford is widely known as the leading expert in the area of crowdfunding, and has written an article and testified before Congress on the topic.
Professor Blankley Blankley Presents on ADR Topics to Various Audiences During April
Professor Kristen Blankley is presenting five different talks on a wide range of ADR topics during the month of April. At the ABA Section of Dispute Resolution, Professor Blankley presented “Arbitration Case Law Update,” as well as moderated a panel on “Teaching Collaborative Law.” She presented “Ethical Issues in Online Mediation” at the Nebraska Mediation Association Annual Meeting. Blankley is also moderating a webinar sponsored by the ABA Section of Labor and Employment and finally, she is presenting at the Heartland Regional Conference of Mediators.
Professor Frank Frank to Receive NMA Outstanding Member Award

Professor Alan Frank will be honored by the Nebraska Mediation Association with its first ever Outstanding Member Award on Friday, April 12. Frank is a founding member of the NMA and continues to support the association through committee work and program development.

Professor Burkstrand-Reid Burkstrand-Reid Article Accepted for Publication by Hastings Law Journal
Professor Beth Burkstrand-Reid's article, "From Sex for Pleasure to Sex for Procreation: How the Law Manufactures Mothers," has been accepted for publication by the Hastings Law Journal, at the University of California Hastings College of Law. Her paper focuses on how reproductive and sexual health law and policy casts all women as mothers regardless of whether they have or intend to give birth. The Hastings Law Journal is ranked as one of the top 35 law reviews out of more than 1,600 according to the Washington and Lee Law Journals Rankings. This April, Burkstrand-Reid will present her article at the American University Washington College of Law symposium Gender Matters: Women, Social Policy, and the 2012 Election.
Professor Shavers Shavers Featured in ABA Administrative Law Section Blog
Professor Anna Shavers was featured in last week's Notice and Comment, a blog by the ABA Section of Administrative Law and Regulatory Practice. Shavers is the current vice chair of the section.
Professor Bradford Bradford Participates in Entrepreneurship Conference, Colloquium

Professor Steve Bradford recently spoke at the the University of Colorado's 2013 Silicon Flatirons Annual entrepreneurship Conference on "The Future of Entrepreneurial Finance." While at Colorado, Bradford also participated in a faculty colloquium on "Recurring Themes in Securities Regulation: The Crowdfunding Exemption."

Professor Potuto Potuto Presents at Higher Education Conference
Professor Jo Potuto spoke last week at the Texas Higher Education Law Conference, a conference held annually for "college and university professionals…and the attorneys who advise them" regarding important legal developments in higher education law. Potuto presented "The Why (and Why Not) of NCAA Punishment: Penn State in Context" - a presentation about NCAA enforcement and what is different about Penn State, and about the guidelines for establishing institutional control and conducting investigations that pertain to the NCAA and generally.
Professor Lepard Professor Brian Lepard Publishes Two Books on Tax Law
Professor Brian Lepard, a recognized expert on tax law, has authored new and revised editions of two of his books, which have been published by Bloomberg BNA. They develop a novel approach to understanding and critiquing the law on transfer pricing between related companies, a controversial area in international business transactions. “Section 482 Allocations: General Principles in the Code and Regulations,” was published in late 2012 as Tax Management Portfolio 551-2d. “Section 482 Allocations: Judicial Decisions and IRS Practice,” was published in February 2013 as Tax Management Portfolio 553-2d.
Professor Shoemaker Shoemaker is next S.T.I.R. Lecturer
The next S.T.I.R. Talk is Tuesday, March 12. The event begins at 4:00 p.m., and Professor Jessica Shoemaker will deliver, "No Sticks in My Bundle: The Indian Land Tenure Problem," at 4:30 p.m. S.T.I.R. Provides students with the opportunity to engage with faculty in an informal setting, and learn about the speaker's research agenda.
Professor Shavers Shavers Visit to India Includes Lecture at Christ University Law School
Professor Anna Shavers recently travelled to Mysore, India where she served as a delegate to the International Association of Law Schools (IALS) conference, "The Role of Law Schools and Human Rights." As a delegate, Professor Shavers submitted her paper, "Course Development as the Nexus for Contributing to Human Rights." While there, Shavers visited alumnus Glen Th. Parks, '02, who is currently living in Ooty, India and teaches at Christ University Law School in Bangalore, India. Professor Shavers served as a visiting scholar at Christ University and delivered a lecture," A Civil Action: The Right to Jury Trial and US Civil Procedure," to the graduating class. Professor Shavers also used this trip to develop internship opportunities for UNL law students.
Dean Poser & Professor Berger Poser, Berger to Participate in Gun Violence Discussion

Few Americans question that the nation has a gun violence problem. What they do question is why and what can be done about it. Those answers will be the focus of "Point Blank: A Conversation about Gun Violence," a two-hour interactive public conversation, at 7 p.m. on Tuesday, March 5, at the Nebraska Union Auditorium, 14th and R streets. Dean Susan Poser will moderate the discussion and Professor Eric Berger is one of seven panelists.The event is free and open to the public. It also will be televised on cable Channel 21; broadcast on Radio KRNU, 90.3 FM; and live-streamed at NewsNetNebraska.org.

Professor Potuto Potuto recognized for excellence in promoting student-athlete ideal

As part of the National Football Foundation Faculty Salutes Initiative, sponsored by Fidelity Investments®, the NFF recognized Professor Josephine Potuto for her efforts in fostering excellence among the student-athletes as exemplified by 2012 NFF National Scholar-Athlete Rex Burkhead. “The Faculty Athletics Representative position, fulfilled at UNL by Josephine Potuto, is crucial to our athletic department, as Jo ensures academic integrity and looks out for the welfare of our student-athletes by monitoring the delicate balance of academics and athletics,” said Shawn Eichorst, Nebraska Director of Athletics. 

Professor Schaefer Schaefer discusses space tourism on FOX News

Professor Brian Bornstein will deliver the next STIR talk on Monday, April 1 at 4:00 p.m. in the Student Lounge. His talk kicks off a week of activities planned by the Student Bar Association for Mental Health Awareness Week.

Professor Bornstein Bornstein to Give STIR talk as part of Mental Health Awareness Week

Professor Brian Bornstein will deliver the next STIR talk on Monday, April 1 at 4:00 p.m. in the Student Lounge. His talk kicks off a week of activities planned by the Student Bar Association for Mental Health Awareness Week.

Professor Sheppard Sheppard Hosts USPTO PPAC Roundtable in Dallas

Professor Christal Sheppard recently hosted a roundtable in Dallas for the United States Patent and Trademark Office (USPTO) and the Patent Public Advisory Committee (PPAC). The roundtable was held as part of the RCE Outreach program which seeks to gather input from stakeholders on the underlying reasons for RCE filings and viable alternatives.

Professor Shavers Shavers Leads Conversation on Immigration
Professor Anna Shavers recently spoke to Nebraska's social studies teachers about "Critical Issues in Immigration" at the Fifteenth Annual Nebraska Capitol Forum Pre-Forum Planning Meeting. An expert in immigration law, Shavers also focuses her research on human trafficking.
Professor Leiter Leiter named to editorial advisory board
Professor Rich Leiter has been selected to join the editorial advisory board of "Collection Management," a peer-reviewed journal published by Taylor & Francis. The post is a three-year appointment. The board includes 19 members from all over the world.
Professor Potuto Potuto quoted in USA Today, New York Times
Professor Josephine Potuto recently addressed the University of Miami administration's response to a NCAA investigation against it in a USA Today article, "Miami's NCAA defense has sudden change of tone." Potuto was also quoted in the New York Times article, "Former International Player Seeks Review of His Ineligibility at St. John's."
Professor Blankley Blankley to present research at Center of Dispute Resolution
Professor Kristen Blankley presented her research paper, "Adding by Subtracting: How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services," at the University of Missouri School of Law's prestigious Center of Dispute Resolution on February 8, 2013. This opportunity gave Blankley the ability to share her cutting edge ideas with other experts in the Dispute Resolution field.
Professor Thimmesch Thimmesch named Professor of the Year

First year faculty member Professor Adam Thimmesch was named the Professor of Year by the upperclass students at SBA's annual "Meeting of the Minds." An expert in state tax law, Thimmesch teaches Business Associations, Individual Income Tax, and Corporate Finance.

Professor Lenich Lenich named 1L Professor of the Year

Professor John Lenich was named the 2012-2013 1L Professor of the Year at "Meeting of the Minds" on Feb. 8. The annual event is hosted by the Student Bar Association each year and provides students and faculty an opportunity to socialize outside the classroom. Lenich teaches Civil Procedure during the first year, and Antitrust, Appellate Advocacy, and Remedies in the upperclass curriculum.

Professor Berger Berger Comments on Proposed Gun Control Legislation
Professor Eric Berger appeared on Channel 8 news in a story discussing the constitutionality of the proposed Nebraska law (LB 451) that says any new federal law restricting firearms shall be unenforceable in Nebraska.
Professor Wilson Wilson leading discussion on UCC change
The Nebraska Unicameral considered a highly technical amendment (LB 146) to the Uniform Commercial Code, and Professor Catherine Wilson leading the discussion surrounding the proposal. Wilson presented to the Banking, Commerce and insurance Committee during a hearing on the bill.
Professor Blankley Blankley Approved as FINRA Arbitrator
Professor Kristen Blankley was recently approved as an arbitrator by the Financial Industry Regulatory Authority (FINRA). Professor Blankley was approved as a public, i.e., non-industry, arbitrator. With this appointment, Blankley will be eligible to arbitrate cases involving disputes in the securities industry, including disputes among investors, brokerage firms, and individual brokers.
Professor Burkstrand-Reid Burkstrand-Reid on Impact of Roe v. Wade 40 Years Later
Professor Beth Burkstrand-Reid, an expert in reproductive health law, was quoted extensively in the Knox News article "Forty years later, passions still high over abortion decision." This semester, Burkstrand-Reid is teaching Sex-Based Discrimination and Emerging Family Law Issues.
Professor Sheppard Sheppard Serving Public Interest Organization Copyright Alliance Advisory Board

Professor Christal Sheppard shared her expertise with the Copyright Alliance Advisory Board, a non-profit, non-partisan public interest and educational organization that represents artists, creators, and innovators. As a member of the board, Sheppard will, among other things, brief creators, industry and policymakers on policy issues; provide comments on proposed copyright legislation;and educate creators. This semester Sheppard is teaching International Intellectual Property Law and Science and the Law.

Professor Moberly Moberly Named to Labor Dept. Whistleblowing Panel
Richard Moberly, associate dean for faculty and professor at the University of Nebraska College of Law, has been appointed to serve as an inaugural member of the Whistleblower Protection Advisory Committee by U.S. Secretary of Labor Hilda Solis. Read more
2012
Professor Schopp Schopp Article Accepted for Publication
Professor Bob Schopp's article, “Mental Illness, Police Power Interventions, and the Expressive Functions of Punishment,” will be published in the “New England Journal of Criminal and Civil Confinement." Schopp will make a presentation based on the paper this July in Amsterdam at the Congress of the International Academy of Law and Mental Health.
Professor Duncan Duncan Article Featured in Court Brief

Professor Rick Duncan's seminal article on the Free Exercise Clause, Free Exercise Is Dead, Long Live Free Exercise: Smith, Lukumi and the General Applicability Requirement, 3 U. PA. J. CONST. L. 850 (2001), was recently featured in an important amicus brief, filed in the Ninth Circuit Court of Appeals in Stormans v. Selecky, on behalf of a prestigious group of Constitutional Law professors. The brief supports the religious liberty claim of pharmacists,who refuse to stock or deliver the emergency contraceptives Plan B and ella, based upon sincerely held religious beliefs that these drugs terminate a human life.

The amici on the brief constitute a literal who's who of First Amendment scholars, including in addition to Professor Duncan, Professor Douglas Laycock of Virginia Law, Professor Mary Ann Glendon of Harvard Law, and Professor Robert P. George of Princeton.

Professor Lepard Lepard to Speak at South African Conference on Ending Mass Atrocities

Professor Brian Lepard will speak at a conference on December 6 and 7 in South Africa on “Article 4(h) at Ten: How to End Mass Atrocities in Africa?” The conference will focus on how to implement Article 4(h) of the 2002 Constitutive Act of the African Union, which confers on the African Union the right to intervene inmember states in cases of war crimes, genocide, and crimes against humanity.

Professor Brian Lepard, a recognized expert on international human rights law, humanitarian intervention, and comparative law and ethics, will speak at a conference onDecember 6 and 7 in South Africa on “Article 4(h) at Ten: How to End Mass Atrocities in Africa?”  The conference will focus on how to implement Article 4(h) of the 2002 Constitutive Act of the African Union, which confers on the African Union the right to intervene inmember states in cases of war crimes, genocide, and crimes against humanity.  

The conference is sponsored by the Centre for Human Rights at the University of Pretoria.  Professor Lepard will speak on “Philosophical and Ethical Perspectives on Article 4(h).”  Other speakers include Justice Richard Goldstone, former Chief Prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia, and Professor Christof Heyns, U.N. Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions.    

Professor Lepard has published a number of books and articles relating to international human rights law, intervention to protect human rights victims, and the ethics of human rights, including “Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions,” published by Cambridge University Press in 2010 and “Hope for a Global Ethic: Shared Principles in Religious Scriptures.”  His most recent book is “Customary International Law: A New Theory with Practical Applications.

Dean Poser & Professor Shavers Shavers, Poser Participate in Death Penalty Forum
Dean Susan Poser moderated a debate, "The Death Penalty: Justice, Retribution and Dollars," on Nov. 28 at the Lied Center for the Performing Arts on campus. The debate was part of the the EN Thompson Forum on World Issues, held annually at UNL. In this debate, Nebraska Solicitor General J. Kirk Brown and University of Colorado Boulder professor Michael Radelet explored such questions as whether the death penalty is humane, fairly applied, reduces violent crime, or is cost effective. They also examined impacts on the condemned person, the legal and judicial systems, victims’ loved ones, and the taxpaying society at large. Professor Anna Shavers deliverd the pre-talk.
Professor Moberly Moberly Participates in Boundaries of Speech Panel
Professor Richard Moberly served as a panelist for a discussion of "Human Rights and the Boundaries of Speech: Whistleblowing, Leaks, Threats, Violent Videos, and Hate Speech," on Wed. Nov. 28th. The discussion was hosted by the Center for Human Rights and Global Justice at the NYU School of Law. The panel was moderated by Margaret Sullivan, Public Editor of the New York Times. Other panelists include: Colonel Morris Davis, Howard University School of Law, former Chief Prosecutor for Terrorism Trials at Guantanamo Bay; Professor Karen Greenberg, Director of the Center on National Security, Fordham Law; and, Ben Wizner, Director of the ACLU's Speech, Privacy & Technology Project.
Professors Duncan, Lyons and Wilson Duncan, Lyons, Wilson Publish 2012 Edition of Treatise
Professors Rick DuncanBill Lyons, and Catherine Wilson recently published the 2012 revised edition of their book, "The Law and Practice of Secured Transactions: Working with Article 9 (2012 Law Journal Press)." This book is one of the leading treatises on the law of secured transactions under the Uniform Commercial Code.
Professor Berger Berger Addresses ACA Ruling
Professor Eric Berger recently presented his paper,“Lawrence’s Stealth Constitutionalism and Same-Sex Marriage Litigation,” at the Third Annual Constitutional Law Colloquium at Loyola University Chicago School of Law.
Professor Zellmer Zellmer to Present on Water, Environment
Professor Sandi Zellmer spoke to two different groups during the week of Nov 12th. On Nov. 14, Zellmer delivered "Forty Years of Supreme Court Clean Water Act Jurisprudence" at the Nebraska Water Law Conference. She presented "Treading Water, Just Barely: Congressional Apathy Toward the Environment," later that week at the Notre Dame Forum on "A More Perfect Union: The American Congress: Legal Implications of Gridlock."
Professor Frank Frank Receives Master Mediator Award

The Mediation Center celebrated its 20th Anniversary in Lincoln last week and also honored Nebraska Law Professor Alan Frank. Professor Frank received the Master Mediator Award for his two decades of service to Center, including his instrumental role in founding the Center and his service on the Center's Board of Directors for 19 years. The Mediation Center is the only nonprofit organization in the Lincoln community where efforts are devoted exclusively to the resolution of conflict. Over the years, thousands of mediations have benefited thousands of individuals.

Congratulations on this prestigious award Professor Frank and thank you for your tremendous contributions to alternative dispute resolution in the State of Nebraska.

Professor Moberly Moberly Article Published in Employee Rights and Employment Policy Journal
Professor Richard Moberly's new article, Whistleblowers and the Obama Presidency: The National Security Dilemma, was published recently in volume 16 of the Employee Rights and Employment Policy Journal. The article explores the Obama Administration's impact on whistleblowers. As a candidate for President, Barack Obama promised to protect whistleblowers because they are, in his words, “watchdogs of wrongdoing and partners in performance.” Three years into his Presidency, Obama’s record often demonstrates strong support for employees who disclose government misconduct. He appointed whistleblower-rights supporters to key administrative posts and fought to include robust whistleblower protections in his key legislative accomplishments, such as the economic stimulus package, health care reform and the financial reform bill. However, the Obama Administration’s treatment of national security whistleblowers has been decidedly less emphatic and more nuanced. His Administration aggressively prosecuted unauthorized disclosures related to national security and objected to reporters claiming a privilege not to reveal their sources. Moreover, a substantial legislative reform of federal employee whistleblower protections remained in limbo for much of Obama’s Presidency in part because of his Administration’s concern that the proposed law would provide too many rights to national security whistleblowers. This Article examines and critiques this apparent contradiction in President Obama’s whistleblower agenda and also explores ways in which the Obama Administration might satisfy its national security policy objectives without undermining whistleblower protection.
Professor Striman Striman Elected to AALL Section Post

Professor Brian Striman has been elected to a three-year term as Vice Chair/Chair-Elect of the Technical Services Special Interest Section of the American Association of Law Libraries (AALL). He also is co-author of "Nebraska State Bibliography of Legal Resources Annotated: a Selective Bibliography" which is part of the AALL Occasional Paper Series. He will be presenting a program for the October 2012 Mid-America Association of Law Libraries Annual Meeting titled "Which Way to Discovery? -- Reference Librarians at the Crossroads of Getting at Their Library's Resources Indexed by Catalogers."

He recently developed two professional Facebook groups: administrator for "TSLAWCHATS" a forum of over 100 members to discuss issues relating to technical services in law libraries" and he is co-administrator of "RDA Cafe" a forum with over 725 members  with discussions regarding issues of a new international cataloging rules standards.

Professor Sheppard Sheppard to serve on PPAC for U.S. Patent & Trademark Office

The U.S. Secretary of Commerce (Acting) has invited Professor Christal Sheppard to serve as a member of the Patent Public Advisory Committee (PPAC) for the United States Patent and Trademark Office (USPTO). The PPAC was created in 1999 and has 9 members who advise the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO on matters relating to the policies, goals, performance, budget and user fees of the USPTO patent operation.

Professor Burkstrand-Reid Burkstrand-Reid Article Republished in Women & the Law
Professor Beth Burkstrand-Reid's article Trophy Husbands and Opt Out Moms (2011) was reprinted in the newly released edition of Women and the Law, a collection of scholarship selected to represent some of the most significant work in gender law each year. Trophy Husbands and Opt Out Moms was originally published in the Seattle University Law Review, in 2011. The article has been excerpted in a Family Law textbook and presented at numerous national conferences. This is the second time Burkstrand-Reid's work has been selected for inclusion in Women and the Law. Her article The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence appeared in 2010.
Professor Potuto Potuto Presents at Knight Commission Meeting

Professor Josephine "Jo" Potuto presented her research, "What's At Our Core? NCAA Division I Voting Patterns vs. Student-Athlete Well-Being, Academic Standards and the Amateur (Collegiate) Model," on October 9th in Washington, D.C. to the Knight Commission on Intercollegiate Athletics. The Knight Commission was formed in 1989 "to promote a reform agenda that emphasizes academic values in a climate in which commercialization of college sports often overshadows the underlying goals of higher education."

Professor Duncan Duncan Continues Speaking Tour
Professor Rick Duncan continued his speaking tour at the end of October with presentations both locally and nationally. Duncan addressed an audience of 1000+ on the topic of religious liberty at Christ Lutheran Church in Lincoln. He then traveled to Florida State University Law School and the Univesrity of Florida Law School where he presented, "Originalism v. The Living Constitution: Suppose Both are Right?"
Professor Zellmer Zellmer speaks at University of Denver College of Law
Professor Sandra Zellmer spoke about congressional gridlock and made recommendations for reform at a faculty colloquium at the University of Denver College of Law on Oct. 18. The title of her topic was "Treading Water, Just Barely: Congressional Apathy Toward the Nation's Environment."
Professor Schmidt Schmidt represents Inn at Celebration of Excellence
Professor Steve Schmidt is traveling to Washington D.C. this week to represent the Robert Van Pelt American Inn of Court at the Celebration of Excellence ceremony held in the Great Hall of the United States Supreme Court. American Inns of Court is a lawyer organization committed to fostering excellence in Civility, Ethics, Legal Skills and Professionalism. Professor Schmidt is the President of the local chapter, which will be awarded the highest level of recognition for mastering effective practices in administration, communications, programs, mentoring and outreach. It is the third year in a row that the Robert Van Pelt Inn has received that national recognition.
Professor Duncan Duncan Speaks in Wyoming, Colorado, Arizona
Professor Rick Duncan spoke at two law schools the week of October 1st, the University of Colorado Law School and the University of Wyoming Law School, on "Originalism vs. The Living Constitution: Suppose Both are Right?" This week, Professor Duncan will be in Arizona speaking on "The United States Senate: Equal Representation, the Movement to Repeal the Seventeenth Amendment, and Federalism" at Arizona State, the University of Arizona and the Phoenix School of Law.
Professor Moberly Moberly Delivers S.T.I.R. Talk
More than 100 students and faculty gathered on Thursday, September 27th for the first S.T.I.R. talk, "The Need for (Some) National Security Leaks," presented by Professor Richard Moberly. S.T.I.R. is a new series brought to the College by Schmid Law Library designed to teach students about faculty research. The next event is Wed. Oct. 17 at 4 p.m.
Professor von der Dunk & Schaefer Schaefer Speaks at 106th Annual Meeting of the American Society of International Law
Professors Fans von der Dunk and Matthew Schaefer will speak at 58th Annual Colloquia of the International Institute of Space Law (IISL) at the International Astronautical Congress (IAC) in Naples the week of Oct. 1-5.
Professor Potuto Potuto Questions NCAA President at Annual Meeting
Professor Jo Potuto, the NCAA faculty representative for UNL, attended the annual meeting of Division 1-A faculty athletics representatives and athletic directors this week. At the meeting, NCAA's president Mark Emmert addressed attendees providing more context for the penalties imposed on Penn State by the association and Potuto questioned him in this regard. The Chronicle of Higher Education reports in "NCAA President Tries to Assuage Worries Over Penn State Precedent."
Professor Leiter Leiter Appointed to the Nebraska Supreme Court's Electronic Publications Committee
Professor Richard Leiter has been appointed to the Nebraska Supreme Court's Electronic Publications Committee.  The committee is tasked with evaluating whether electronic versions of court opinions as the official copies of record.
Professor Medill Medill Named Robert & Joanne Berkshire Family Professor of Law
On Thursday, September 13, faculty, staff, and friends of the family of Robert & Joanne Berkshire gathered to celebrate the new professorship created in the family's name. Professor Colleen E. Medill is the first faculty member to hold the Robert & Joanne Berkshire Family Professor of Law, a chair that was made possible through a generous gift from the estate of Robert Berkshire. During the event, the Berkshires were honored by their children as well as Terry Fairfield from the University of Nebraska Foundation and Dean Susan Poser.
Professor Duncan Duncan To Speak at Rutgers School of Law
Prof. Rick Duncan will speak at Rutgers School of Law in Newark, New Jersey, on Tuesday, September 18. Duncan will speak on "The Tea Party as a Constituency For Federalism and Constitutional Conservatism." His talk is based his recent paper, "The Tea Party's Constitution."
Professor Burkstrand-Reid Burkstrand-Reid Presents at TEDxUNL
Professor Beth Burkstrand-Reid was one of the eleven speakers at the inaugural TEDxUNL event held Friday, September 14 in the Sheldon Museum of Art. Burkstrand-Reid's TEDx talk, "Nebraska: Center of the Country, Center of the Controversy," addressed how Nebraska plays a lead role in the development of social policies relating to reproductive and marital rights. Other TEDxUNL speakers included Adam Morfeld, '12, of Nebraskans for Civic Reform.
Professor Ruser Q&A With Professor Ruser on the Kosovo Legal Profession Program

1. What does the project in Kosovo involve?

The Kosovo Legal Profession Program (KLPP is being implemented by the National Center for State Courts (NSCS), with funding from the United States Agency for International Development (USAID). The specific component of the KLPP on which I am working is the Legal Education Component and, more specifically, the Practical Education aspect of the Legal Education Component. The expected results of this aspect are: (1) Master’s level law students will receive better practical skills education; (2) the overall percentage of Master’s level law students receiving practical skills training will increase; and (3) Master’s level law students will leave the Law Faculty with better practical skills.

2. Why Kosovo?

The United States, the international community, and various non-governmental organizations have been interested in rule of law initiatives in Eastern Europe virtually since the break-up of the former Soviet Union. For example, the American Bar Association (ABA) instituted various rule of law initiatives in central and eastern Europe in the 1990s under its Central and East European Law Initiative (CEELI), based on its belief that the social fabric is strongest, and human and civil rights have the best chance of succeeding, where the rule of law is strongest. This is an especially important consideration for the international community in an area such as the former Yugoslavia, where ethnic tensions can run high and which suffered through a series of terrible ethnic conflicts in the early to mid-1990s. Kosovo is part of the former Yugoslavia, which began to disintegrate in the early 1990s, and declared its independence from Serbia in February 2008 (although Serbia does not recognize it as an independent country.) While the U.S. and several individual countries recognize Kosovar independence, that recognition is limited. The U.S. is interested in helping Kosovo succeed as an independent state, which is why it is sponsoring rule of law initiatives such as the one being administered by the NCSC.

3. How is legal education structured in Kosovo?

Like many other countries in the world, there are essentially three levels of degrees awarded to law students in Kosovo: Bachelor’s, Master’s and Doctorate. Unlike the U.S., law students entering law school in Kosovo are seeking, at least initially, a Bachelor’s degree. Those who are interested in becoming legal practitioners must obtain a Master’s degree, while those who are interested in teaching in the academy go on to get their Doctorate. The University of Pristina Law Faculty, which is the focus of this Project, operates on a 4+1+3 system, meaning that students spend 4 years getting a Bachelor’s degree, a year getting their Master’s degree, and 3 years getting their Doctoral degree.

4. In what activities have you been involved?

In March, I was tasked with evaluating the clinical programs operating at the Master’s level at the University of Pristina Law Faculty. (As a sidebar, “clinics” in Kosovo, and in most of Eastern Europe, mean what we in the U.S. call simulation courses, since there are no rules allowing students to engage in actual client representation.) Specifically, I was asked to evaluate the current clinical programs and make recommendations for strengthening and sustaining them. So my March visit was almost exclusively a fact-finding exercise. This September, I will return to review my recommendations with the clinical faculty, to conduct training in clinical teaching methods, and to help the clinical faculty create syllabi for their clinical courses in time to implement them when the fall semester begins in October.

5. What have you learned during the Project?

Every time I travel abroad in connection with a Project such as this, I am required to think about my own teaching, and my own practice. For example, I spent a lot of time reading recent publications on experiential learning and clinical teaching before and during my March visit in order to discuss these ideas with the faculty members at the University of Pristina Law Faculty. I always come away from these encounters with a renewed dedication to and new perspective on my own teaching. It is my hope that this benefits Nebraska Law’s clinical students as well as law students in Kosovo. Additionally, I am always impressed with the dedication of law school faculty members in places like Kosovo, who are paid a fraction of what law faculty members are paid in the U.S. and who operate in educational systems that are run on shoe-string budgets, for the most part. (When I was in Pristina in March, the heat in the Law Faculty had been shut off for the season to save money, and the temperature in the classrooms hovered around 50 degrees Fahrenheit.) They have much to teach us about dedication to our craft, and give us much to be thankful for regarding our situation.

Professor Moberly Moberly Presents at 7th Annual Labor & Employment Law Colloquium
Professor Richard Moberly presented "Sarbanes-Oxley's Whistleblower Provisions – Ten Years Later" at the Seventh Annual Labor and Employment Law Colloquium at Loyola University - Chicago School of Law on Friday, September 14.
Professor Sheppard Potuto & Sheppard Recently Quoted

Professor Josephine "Jo" Potuto was recently quoted in the Chronicle of Higher Education article, "Who's in Charge of Sports? Maybe Not the President."  Potuto addresses the downside to clarifying institutional leaders' responsibilities in an effort to increase institutional control over athletics.

Professor Christal Sheppard was quoted in the September 12th edition of Newsweek Japan in an article addressing high tech patent wars and the effect of these patents, software and design, on innovation, consumer access and cost.

Professor Thimmesch Thimmesch Article Accepted for Publication by Florida Tax Review
Professor Adam Thimmesch's article, "The Illusory Promise of Economic Nexus," has been accepted for publication by the Florida Tax Review. The article analyzes the scope of state taxing power under the Commerce Clause of the U.S. Constitution. The article provides a comprehensive review of the various economic-nexus standards adopted by states and analyzes how those standards will likely evolve over time. The article concludes that states' standards are ill-suited to protecting the federal interests underlying the Commerce Clause and advocates for the adoption of a federal, quantitative economic-nexus standard.
Professor Zellmer Zellmer Speaking at IUCN World Conservation Congress
Professor Sandra Zellmer is speaking and workshopping at the IUCN World Conservation Congress--Commission on Environmental Law on September 7-11 in Jeju, Korea.  While there, Zellmer will discuss water conservation, climate change, and adaptation.  
Professor Blankley Blankley Article Accepted for Publication by Ohio State Journal of Dispute Resolution
Professor Kristen Blankley’s article “Adding By Subtracting?  How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services” has been accepted for publication by the Ohio State Journal of Dispute Resolution.  The article will appear in a special journal issue called “New Voices,” focusing on articles from junior faculty members and focuses on the issues facing pro se parties and ways that legal services can be unbundled in order to increase access to attorney services.
Professor Shavers Shavers Appointed to Human Trafficking Task Force
Professor Anna Shavers has been appointed by Governor Dave Heinemann to serve on the Task Force on Human Trafficking. The task force is established within the Nebraska Commission on Law Enforcement and Criminal Justice for the purposes of investigating and studying human trafficking, the methods for advertising human trafficking services, and the victimization of individuals coerced to participate in human trafficking.  Shavers will serve as co-chair of the Research Subcommittee.
Professor Sheppard Sheppard Quoted in WSJ and FOX Business
Professor Christal Sheppard was quoted in three different articles on Friday, August 24th. The Wall Street Journal ran two stories in which Sheppard was quoted: "Apple Gets Big Win in Samsung Case" and "Apple Victory Sends Fear Through Android System." Fox Business ran a Dow Jowns article, "ITC Finds Apple Didn't Violate Three Motorola Patents; Sends One Dispute Back To Judge."

Professor Potuto Potuto Quoted by Yahoo! Sports
Professor Josephine Potuto was quoted in an August 17 article on Yahoo! Sports, "North Carolina's widening academic scandal could be test case for the NCAA's newfound power."
Professor Zellmer Zellmer's Casebook Published
Professor Sandra Zellmer's casebook, Natural Resources Law, 2d, has been published by West. Zellmer is the second author and overall editor of the casebook which includes web-based resources, visual aids, newspaper stories, and articles from legal periodicals interspersed with traditional legal analysis of cases, statutes, and regulations.
Professor Sheppard Sheppard Guest Blogs for Patently-O
Professor Christal Sheppard was a guest blogger on Patently-O on August 7. Her post, "Solving a Knotty Problem: An Outrageous Call for Patent Reform Part Deux," argues that the "United States Congress immediately take an active role in the create of the parameters for patentable subject matter."

Professor Bradford Bradford Testifies Before Congress On Crowdfunding
Professor Steve Bradford testified before the Subcommittee on TARP, Financial Services and Bailouts of Public and Private Programs of the U.S. House of Representatives Committee on Oversight and Government Reform on Tuesday, June 26. His testimony addressed the new crowdfunding exemption to federal securities law that was added through the JOBS Act and what the SEC should do to implement the exemption – what its rules should and should not do.  Professor Bradford has writtenon the subject and was recognized as a leading expert on this topic by Rep. Patrick McHenry when he stated that Bradford had "written the bible of crowdfunding."  Other individuals testifying on the issue were Brian Cartwright, Scholar-In-Residence at the University of Southern California and Former General Counsel, U.S. Securities & Exchange Commission; Alon Hillel-Tuch, co-founder and CFO of RocketHub; and Professor John Coffee Jr., Columbia University Law School. Bradford was also quoted in the Wall Street Journal's MarketWatch article"Republican chides crowdfunding restrictions" on June 26.
Professor Moberly

Moberly Discusses McQueary Whistleblower Claim
The Sarbanes-Oxley Act turned ten years old this summer. Professor Richard Moberly is a nationally-recognized scholar on whistleblowing and on Sarbanes-Oxley. His latest article, Sarbanes-Oxley’s Whistleblower Provisions – Ten Years Later, is the lead article in Volume 64 of the South Carolina Law Review this fall.

Professor Moberly answers five burning questions about Sarbanes-Oxley and whistleblowing.

1. Why Were Whistleblower Protections Enacted as Part of Sarbanes-Oxley?

Ten years ago, after unprecedented fraud at large corporations like Enron and WorldCom, Congressional hearings revealed that some employees reported the fraud to company supervisors and officers, but many more who knew about the wrongdoing simply kept quiet. Encouraging these employees to report corporate misconduct would help address the “corporate code of silence,” that Congress determined had contributed to the fraud’s concealment. As a result, when Congress passed the Sarbanes-Oxley Act of 2002 to address the perceived causes of the meltdown, it included among the Act’s wide-ranging corporate governance provisions specific sections related to whistleblowers.

2. Why Did Sarbanes-Oxley Matter for Whistleblowers?

At the time, whistleblower advocates and academics greeted Sarbanes-Oxley with great acclaim, because the Act appeared to provide the strongest encouragement and broadest protections then available for private-sector whistleblowers. It seemed to be a watershed moment, representing a historic shift in the country’s attitude towards whistleblowing.

3. Has the Act Worked – are Whistleblowers Better Off Now?

In some respects, Sarbanes-Oxley succeeded. It unleashed a decade of expansive whistleblower provisions in other laws: since 2002, Congress passed at least nine new antiretaliation provisions and amended several other whistleblower provisions to broaden their applicability. Many new statutes use the advanced substantive and procedurals protections Sarbanes-Oxley made prominent, such as an employee friendly burden of proof and broad remedies. Additionally, the corporate whistleblower hotlines required by Sarbanes-Oxley have become commonplace in corporate America. In 2010, a KPMG study found that 87% of U.S. companies have a place, like a hotline or an ombudsman, for whistleblowers to disclose misconduct. These important developments raised the public profile of whistleblowing as a law enforcement tool.

However, the Act resulted in at least two prominent failings. First, the Act failed to sufficiently protect whistleblowers who suffered retaliation. Despite its broad remedial provisions, when whistleblowers brought claims of retaliation to OSHA, the federal agency in charge of hearing their claims, they lost. A lot. Employees lost over 98% of the time when OSHA decided a Sarbanes-Oxley retaliation case during the last decade. From 2006 to 2008, OSHA did not decide a single case in a whistleblower’s favor, out of 488 straight decisions. Although these numbers don’t include settlements, whistleblowers lost at an alarming rate.

Second, Sarbanes-Oxley did not sufficiently produce effective whistleblowing, meaning the type of disclosures that stop corporations from breaking the law. Although effectiveness remains notoriously hard to measure, the recent financial crisis provides the most vivid case study of this failure. Corporate officers, government regulators, and law enforcement agencies ignored the warnings of employees who tried to report fraud in the sub-prime mortgage industry. That a second financial crisis—also caused in part by fraud—should follow so shortly after Enron and WorldCom may be the most glaring evidence that Sarbanes-Oxley failed to change corporate culture. Even when employees blew the whistle, as Sarbanes-Oxley encouraged, their warnings often were ignored.

4. What Is the Lesson from these Failings?

These related failures indicate that although whistleblowers have stronger and more prevalent protection than ever before, they have less reason to believe such protection works. After a decade, the Sarbanes-Oxley lesson teaches us that the traditional strategies to encourage whistleblowing, like antiretaliation protection and disclosure channels, are not sufficient. They may be necessary, but they are not enough.

5. What Now – Is all Hope Lost?

Encouragingly, developments in the last two years demonstrate that policy makers have learned from the Sarbanes-Oxley experience. In addition to focusing on the substance of various statutory protections, renewed energy has been put toward determining who actually administers those protections. Newly appointed whistleblower advocates in key government positions have begun to address the roadblocks previously used to undermine strong antiretaliation protection for whistleblowers. For example, a new assistant secretary at OSHA, David Michaels, has reinvigorated the agency’s Whistleblower Protection Program with new resources, better training, and more accountability.

Also, in 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which applies a radically different model to encourage whistleblowers. Dodd-Frank allows the SEC to give financial rewards to whistleblowers. The SEC has not issued any whistleblower rewards yet, but it has $450 million it will disperse soon. Hundreds of new quality tips have flowed into the SEC, and that number will increase dramatically once multi-million dollar awards are made to whistleblowers. The threat of employees reporting fraud to the SEC already has inspired companies to improve their internal reporting channels and promise protection from retaliation for employees who report misconduct. The visibility of the reward system also may motivate the SEC to fully investigate the tips they receive from insiders, which studies show often provide the most reliable information about corporate wrongdoing.

Ironically, then, Sarbanes-Oxley’s failures over the last decade will provide the Act’s most lasting impact because they emboldened policy makers to experiment with better strategies. Financial rewards and strong administrative support for whistleblowers will force corporate officers and law enforcement to listen more carefully to employees who report illegal conduct. As we re-learn after every scandal, people on the inside had the information that could have prevented it from occurring. All we have to figure out is how to get the right people to listen.

Professor Moberly Moberly Discusses McQueary Whistleblower Claim
Associate dean and professor Richard Moberly was quoted in a CBS News article discussing the possible outcomes of Mike McQueary’s whistleblower lawsuit against Penn State University
Professor Berger Berger Addresses ACA Ruling
Professor Eric Berger was quoted in the Omaha World Herald in the June 29 article, "Controlling health costs remains a challenge." He also appeared on the local radio show Jack & John in the Morning (1400 KLIN) to discuss the decision rendered by the U.S. Supreme Court on June 28th.
Dean Poser Poser Quoted by WSJ, Participates in Podcast
Dean Susan Poser was quoted in the June 25 Wall Street Journal article, "New Lawyers, Seeking Jobs, Are Advised to Think Small." The article examines the efforts a few Midwestern law schools are making to prepare students for launching careers in rural towns. Poser was also a guest recently on Legaltalknetwork.com's podcast "Lawyer 2 Lawyer" discussing Washington University Law Professor Brian Tamanaha's new book which addresses the current economics of attending law school.
Professor Sheppard Sheppard Quoted on Apple Patent Ruling in WSJ and Chicago Sun Times
Professor Christal Sheppard was quoted by the Wall Street Journal in its June 24 edition in "Apple Patent Ruling May Alter Tech Tactics." Sheppard discussed the same case in the June 25 edition of the Chicago Sun Times, "Moto's patent victory may bring faster, cheaper innovations."

Professor Shavers Shavers Principal Investigator In Human Trafficking Study
A team of UNL faculty have received one of 6 grants from Microsoft to study the role of technology in human trafficking. The UNL project will focus on identifying the role of online advertising in child sex trafficking in the United States. The goal is to take a crucial step forward in combating domestic minor sex trafficking by identifying the role of the Internet in child sex trafficking and the clandestine language used in web advertising to facilitate child sex trafficking, and conceptualizing intelligent software to identify online advertising of child sex for sale. College of Law Professor Anna Shavers is the principal investigator for the project. She is joined by team members: Dwayne Ball, Associate Professor of Marketing, College of Business Administration; Matt Waite, Professor of Practice, College of Journalism and Mass Communications; Sriyani Tidball, Advertising and Public Relations Lecturer, College of Journalism and Mass Communications; and David Keck, Director of the Jeffrey S. Raikes School of Computer Science and Management, Professor of Business Administration, and Professor of Computer Science and Engineering.
Professor Bradford Bradford Speaks on Potential Roles of Crowdfunding in TBED Policy & Practice
Professor Steve Bradford presented a webinar, "Beyond the Hype: Potential Roles of Crowdfunding in TBED Policy & Practice," on Wednesday, June 20th. The presentation addressed questions about how crowd funding will affect Tech-based economic development practices and whether crowd funding will be the answer to the scarcity of risk capital, a blueprint for inclusion-oriented regional economic growth, the death of venture capital or an inconvenience of angel investors. 
Professor Duncan Duncan Article Published by Christian Law Review
Professor Rick Duncan's article, Why I Am a Libertarian in Secular America, has been published in The Christian Lawyer (Spring 2012). The article addresses religious liberty in a modern secular state. Professor Duncan argues that the best way to protect religious liberty in secular America is to protect liberty generally by shrinking the size of government.
Professor Burkstrand-Reid Burkstrand-Reid's Work Featured at Work-Family Research Network's Inaugural Conference
Professor Beth Burkstrand-Reid's research on at-home fatherhood and male caregiving in the family was featured at the Work-Family Research Network's inaugural conference held last week in New York City. At the conference, Professor Burkstrand-Reid spoke on two of her articles. The first, "Dirty Harry Meets Dirty Diapers: Masculinity, At-Home-Fathers & Making the Law Work for Families," will be published this fall by the University of Texas Law School's Texas Journal of Women and the Law. The Texas Journal of Women & the Law has been has been identified as one of the nation's top specialized law reviews based on the prominence of the authors it publishes. The second, "Trophy Husbands" and "Opt-Out" Moms, was published in the Seattle University Law Review earlier this year. An excerpt of this article appears in the new edition of family law textbook, Family Law Cases and Materials in the book's section on challenges to the traditional model of marriage. 
Dean Poser Dean Poser Addresses Rankings in Letter to Editor of NYT
Dean Susan Poser’s letter to the editor appeared in the June 11, 2012 edition of The New York Times. The letter addressed Prof. Brian Z. Tamanaha’s June 1 Op-Ed article, “How to Make Law School Affordable,” by pointing out the built-in bias of the U.S. News & World Report’s ranking system.
Professor von der Dunk Von der Dunk Blogs for Discovery News
Professor Frans von der Dunk recently blogged for Discover Magazine. His blog, “Lawyer in Space! The New Era of Spaceflight Needs Some New Rules,” evaluates the evolving landscape of space exploration and the need for laws to evolve as a result.
Professor Burkstrand-Reid Burkstrand-Reid’s Work Featured in Family Law Textbook
Professor Beth Burkstrand-Reid's work on fatherhood is featured in the new edition of family law textbook, Family Law Cases and Materials. The textbook excerpts her article "Trophy Husbands" and "Opt-Out" Moms, which was published in the Seattle University Law Review earlier this year. The excerpt appears in the book's section on challenges to the traditional model of marriage. Professor Burkstrand-Reid’s follow-up to "Trophy Husbands" and "Opt-Out" Moms, a study on fathers as primary caretakers, will appear in the Texas Journal of Women & the Law in Fall 2012.
Professor Bradford Bradford to Speak for State Science and Technology Institute
Professor Steve Bradford will speak on Thursday, June 21, on “Crowdfunding, Small Business, and the New Federal Securities Law Examption,” for a webinar sponsored by the State Science and Technology Institute. Professor Bradford will discuss the promise and potential pitfalls of business crowdfunding, the regulatory issues under federal securities law, and the new securities law exemption.
Professor Schopp Schopp Quoted by Discovery News
Professor Robert Schopp was recently quoted in a Discovery News article about Norwegian extremist Anders Behring Breivik, “Can a Heinous Murderer Be Considered Sane?” In the article, Schopp discusses personality disorders and their impact, if any, on culpability.
Professor Ruser Ruser Teaches at National Training on Immigration Consequences of Criminal Convictions
Professor Kevin Ruser was a trainer and small group leader at the National Training on the Immigration Consequences of Criminal Convictions, sponsored by the Defending Immigrants Partnership. The Training was held in Denver, Colorado on May 7 and 8, and over 120 individuals from 34 states attended. The training was developed in the wake of the U.S. Supreme Court’s decision in Padilla v. Kentucky, in which the Supreme Court held that criminal defense lawyers have a 6thAmendment obligation to advise criminal defendants of potential immigration consequences of criminal proceedings.  The purpose of the Training was to providehelp and resources for the criminal defense bar so it can comply with its Padilla obligations.  The Defending Immigrants Partnership is a national coalition comprised of the National Immigration Project, the Immigrant Legal Resource Center, and the Immigrant Defense Project.  Professor Ruser was the small group leader for the Nebraska group, which consisted of 10 Nebraska lawyers, making it second only to Colorado in the number of lawyers represented at the Training.
Professor Burkstrand-Reid Burkstrand-Reid Selected as Contributor to Huffington Post
Professor Beth Burkstrand-Reid has been selected to be a contributor to the Huffington Post, a Pulitzer Prize-winning online news and politics publication. She will be writing on a variety of topics related to family law, sex-based discrimination and reproductive health law and policy. Prior to her legal career, Burkstrand-Reid was a journalist whose writing appeared in many national publications including the New York Times, Washington Post and Wall Street Journal. Find her Huffington Post columns here.
Professor Moberly Moberly Discusses McQueary Whistleblower Claim
Associate dean and professor Richard Moberly was quoted in a CBSNews article discussing the possible outcomes of Mike McQueary’s whistleblower lawsuit against Penn State University.
Professor Schmidt Schmidt Leads Trial Advocacy Session at UNAM
Professor Steve Schmidt finished another trial advocacy training session at the National Autonomous University of Mexico (UNAM) as part of the project that the College of Law has with the UNAM Facultad de Derecho.  The UNL-UNAM partnership is designed to assist Mexico as they change their criminal justice system from a mixed inquisitorial model to an oral adversarial model.  The current 3-day course is the capstone exercise in an Oral Trials in Mexico “diplomado” (similar to a continuing legal education program) that has been going on since January.  The 80+ participants are practicing attorneys from Mexico City and beyond.  Past courses conducted as part of the partnership have included Introduction to Oral Trials and Teaching Trial Skills courses.
Professor von der Dunk Von der Dunk Addresses Legality of Space Mining
Professor Frans von der Dunk was interviewed by Bloomberg Law regarding the legality of space mining.  Von der Dunk was also quoted by several international publications recently on the same topic, including The Sydney Morning Herald and The U.K. Daily Mail.
Professor Berger Berger Article Accepted for Publication by Iowa Law Review
Professor Eric Berger’s article, “Deference Determinations and Stealth Constitutional Decision Making,” will be published by the Iowa Law Review.  The article argues that courts make a wide variety of deference determinations in constitutional cases, but they have failed to offer a unified approach to thinking about deference or about the political branches’ institutional strengths and weaknesses. Courts’ difficulties with deference determinations mirror broader failures to resolve carefully and consistently a number of stealth determinations that recur in constitutional cases but fall outside the black-letter doctrinal framework.
Professor Bradford Bradford Quoted in International Financial Law Review
Professor Steve Bradford, an expert in crowdfunding, was recently quoted in the International Financial Law Review in “Funding portals expected despite crowdfunding disclosure burdens.”  In the article, Bradford discusses how the burdens of registering as a funding portal may impact entrepreneurs and small businesses.
Professor Blankley Blankley Comments on Mandatory Arbitration in Baltimore Sun

Professor Kristen Blankley
 was quoted in the April 29, 2012 edition of the Baltimore Sun in “Consumer agency to review mandatory arbitration in financial services.”
Professor Berger Berger Participates in Law Day Debate
Professor Eric Berger was one of the participants in the Law Day debate sponsored by the Nebraska State Bar Association and the Nebraska Supreme Court and held Monday, April 30th.  The topic of the debate was “should voting be mandatory.”  Secretary of State John Gale served as the debate’s moderator.
Professor Sheppard Sheppard Testifies Before Congress
Professor Christal Sheppard testified before Congress on Thursday, April 26 at the hearing on “International Patent Issues: Promoting a Level Playing Field for American Industry Abroad.”  Other witnesses were Dr. Roy F. Waldron, senior vice president and chief intellectual property counsel for Pfizer on behalf of Pharmaceutical Research and Manufacturers of America, the Honorable Chris Israel, former U.S. coordinator for international intellectual property enforcement for the administration of President George W. Bush, and Sean Murphy, vice president and counsel for Qualcomm.

Professor Burkstrand-Reid Burkstrand-Reid Quoted in New Scientist Magazine
Professor Beth Burkstrand-Reid, an expert in reproductive health law, is quoted in New Scientist magazine's take on a controversial new technology to help women maintain their fertility. The new technology, ovary freezing, has been used to help women whose fertility may be destroyed because of diseases such as cancer. The experimental option has the potential, however, to extend the time during which a woman can become pregnant. It may also be used to delay menopause, in turn delaying or stopping the onset of osteoporosis. The article, "Frozen in Time: A controversial technology could be the end of the biological clock," appears in the April 14th issue.
Professor Zellmer Zellmer Publishes “Wilderness, Water, and Climate Change”
Professor Sandra Zellmer’s article, “Wilderness, Water, and Climate Change,” was recently published in Environmental Law, the nation’s oldest law review dedicated solely to environmental issues.
Professor Ruser Ruser Helps in Kosovo Law Reform
Professor Kevin Ruser recently spent two weeks in Pristina, Kosovo, evaluating the Master’s level clinical courses at the University of Pristina Law Faclty, in connection with a project being conducted by the National Center for State Courts funded by a USAID grant. The project’ s focus is on law reform efforts in Kosovo, one aspect of which is improvement of the Kosovar legal education system.  As part of the reform, the University of Pristina Law Faculty recently adopted three clinical courses in the areas of Criminal Law, Constitutional Law and Administrative Law.  Ruser’s task was to assess the status of the existing clinical programs and to make recommendations for their improvement and expansion.
Professor Medill Medill’s Article Selected as Most Thought Provoking on Employee Benefits Law
Professor Colleen Medill’s article, The Federal Common Law of Vicarious Fiduciary Liability Under ERISA, 44 Mich. J.L. Ref. 249 (2011), was selected by Tax Notes as one of the ten most thought-provoking articles on employee benefits law published during 2011.  Using theory, statutory analysis, judicial precedent and public policy, Professor Medill’s article makes the case for adoption of a federal common law rule of vicarious fiduciary liability by the federal courts for ERISA fiduciaries.
Professor Blankley Blankley to speak at ABA Section of Dispute Resolution Annual Meeting
Professor Kristen Blankley has been invited to speak at the ABA Section of Dispute Resolution Annual Meeting, taking place in Washington D.C., April 18-21. Professor Blankley is the session organizer and speaker on the Arbitration Case Law Update panel, dealing with the most significant issues in arbitration over the last year. She is also a speaker on a panel exploring how ADR professors can integrate writing assignments into the curriculum.
Professor Bradford Bradford to present on Crowdfunding, Small Business, Government Regulation
Professor Steve Bradford will present, “Crowdfunding, Small Business, and Government Regulation,” on Friday, April 13 at 10:00 a.m. at the UNL College of Business Administration. His lecture is sponsored by the Management & Entrepreneurship departments of CBA.
Professor Harnsberger
Memorial Service Honoring Law Professor Set for Thursday

Services for Professor of Law Emeritus Richard S. Harnsberger will be 5 p.m. April 12 at the Hamann Auditorium, College of Law.  Harnsberger, of Lincoln, age 90, died March 29. He was born Dec. 14, 1921 in Omaha, and raised in Ashland. He graduated from Ashland High School in 1939. He entered military service in 1943 and attained the rank of Captain in the U.S. Army's 773d Field Artillery Battalion. At the end of World War II he was awarded five bronze battle stars for Normandy, Northern France, Rhineland, Ardennes, and Central Europe. He attended the University of Nebraska, where he earned his B.S. in 1943; and his J.D., in 1949; and M.A., 1951. He was a member of Phi Kappa Psi, Beta Gamma Sigma, and Order of the Coif. He earned his S.J.D. at the University of Wisconsin-Madison in 1959.

Harnsberger practiced law at Stewart & Stewart, Lincoln, 1949-1955; Lancaster County Attorney's Office, 1955-1956; and was a Lecturer, University of Nebraska College of Business Administration, 1954-1956; and on Faculty, University of Nebraska College of Law, beginning 1956. His appointments at the College of Law were Assistant Professor of Law, 1958; Associate Professor of Law, 1960; Professor of Law, 1963; Cline Williams-Flavel A. Wright Professor of Law Emeritus, 1984; and Emeritus, 1992. Harnsberger was honored with the Groundwater Foundation's 1999 Maurice Kremer Groundwater Achievement Award. The Nebraska State Bar Foundation presented him with its 2001 Outstanding Legal Educator Award. The Lawrence Berger & Richard S. Harnsberger Faculty Wing of the College of Law was dedicated in 2003. Memorials to the University of Nebraska for the Richard Harnsberger College of Law Scholarship Fund.


Professor Vachon Vachon to Present at Conference for Global Hearing Health
Professor Christyne Vachon has been invited to present her research at the Conference for Global Hearing Health in Pretoria, South Africa this summer.  Vachon’s research and the subject matter of her presentation is about collaborations between for-profit and nonprofit companies, the corporate governance concerns and ways to better engage for-profits.  The conference brings together medical, legal, nonprofit, for-profit and academic participants in an effort to improve hearing for people and knowledge about hearing health in developing countries.
Professor Lepard Lepard Publishes on International Religious Freedom in Cambridge University Press Book
Professor Brian Lepard has published a book chapter on“Parochial Restraints on Religious Liberty” in a book published by Cambridge University Press, “Parochialism, Cosmopolitanism, and the Foundations of International Law,” edited by M.N.S. Sellers. The chapter explores global challenges to full respect for religious freedom today. Professor Lepard has published a number of books related to international law and religious freedom, including“Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions,” and “Hope for a Global Ethic: Shared Principles in Religious Scriptures.”His most recent book is “Customary International Law: A New Theory with Practical Applications."
Professor Schaefer Schaefer Speaks at 106th Annual Meeting of the American Society of International Law
Professor Matthew Schaefer spoke on a panel addressing “Commodities and the International Trading System,” that took place Friday, March 30, 2012 in Washington, DC. The ASIL Annual Meeting is one of the most significant gatherings for international lawyers around the world and annually attracts 1,000 of the world’s leading practitioners and academics.   Professor Schaefer spoke about state-level efforts, particularly Governor-led trade missions, to promote commodity exports. Others on the panel included Professor William Davey, who was the former Director of Legal Affairs of the World Trade Organization. Nebraska’s exports totaled nearly $7.6 billion dollars in 2011, of which corn (8.5%), soybeans (7.4%), and boneless bovine meat (9.5%) were some of the largest single items exported. Nebraska has organized 11 trade missions in the past 7 years.
Professor Zellmer Zellmer Presents Clean Water Act 40th Anniversary Symposium
Professor Sandra Zellmer presented a paper recently in Washington, DC at The George Washington University National Law Center's Clean Water Act--40th Anniversary Symposium on "Anti-degradation Policies in Environmental Law: Do They Work?" The symposium was attended by federal and state officials, practitioners, and law professors from across the country.
Professor Potuto Nebraska Lecture webcast
UNL's spring Nebraska Lecture with Jo Potuto, "The NCAA: Who, What, When, Where, How and Certainly Why" will be webcast at 3:30 p.m. CDT. View it here. This is a live webcast, and the feed will be inactive until the presentation begins. If you access the feed early, refresh your browser to view the webcast once it begins.
Professor Moberly Moberly Presents “Sarbanes-Oxley at 10”
Last week, Professor Richard Moberly gave two presentations in Seattle, Washington.  First, on Thursday, March 23, Moberly gave an overview of whistleblowing law to a group of 60 lawyers and academics as part of a Continuing Legal Education Program put on by Seattle University Law School.  Then, on Friday he spoke to a group of academics on "Sarbanes-Oxley at 10" as part of the International Whistleblowing Research Network conference, which also took place at Seattle University.
Professor Burkstrand-Reid Burkstrand-Reid Selected for Publication in Texas Journal of Women and the Law
Professor Beth Burkstrand-Reid'sarticle "Dirty Harry Meets Dirty Diapers: Masculinity, At-Home-Fathers & Making the Law Work for Families" was chosen for publication by the Texas Journal of Women and the Law, published by the University of Texas Law School. The article is part of Burkstrand-Reid's larger research project on involving men in work-family balance law reform. It will appear in the Fall 2012 issue.
Professor Medill Medill Addresses Career Federal Law Clerks on ERISA
The Federal Judicial Center has invited Professor Colleen Medill to speak on ERISA Litigation in the Federal Courts as part of the Center’s ongoing program of continuing education for career federal law clerks. Professor Medill spoke to career federal law clerks on this topic at the Judicial Clerkship Institute in 2011, and due to the response, spoke again at the Judicial Clerkship Institute, held March 15-16, 2012, in Malibu, California. In her talk, Professor Medill addressed recent Supreme Court rulings concerning the types of claims and remedies available under the Employee Retirement Income Security Act of 1974 and the possible implications for employer-sponsored health care plans of the Supreme Court’s pending ruling on the constitutionality of Obamacare.
Professor Shavers Shavers Presents at Journal of Civil Rights and Economic Development’s Spring 2012 Symposium
Professor Anna Shavers presented, “Crossing the Border through Immigration, Importation and Illicit Means and the Implications for Human and Civil Rights,” at the Journal of Civil Rights and Economic Development’s Spring 2012 symposium on March 16, 2012.
Professor Burkstrand-Reid Burkstrand-Reid to present "Life After Death"
Professor Beth Burkstrand-Reid, will present her paper "Life After Death" at the 2012 Law and Society Association Annual Conference in Honolulu, Hawaii this June. Her paper explores state laws that grant birth certificates to still born children and how their liberal definition of "life" may impact the availability of reproductive and sexual health services. This paper is part of Burkstrand-Reid's broader research on pregnancy-related law.
Professor Moberly Moberly presents at Griffith University, University of Tasmania law schools
Last week, Professor Richard Moberly presented on the topic, "Sarbanes-Oxley at 10," at Griffith University Law School in Queensland, Australia, and at the University of Tasmania Law School in Tasmania, Australia. The presentation examined the impact of Sarbanes-Oxley's whistleblower provisions ten years after its enactment. While in Australia, Moberly also met with several government officials examining Australia's federal whistleblower laws and has been working with Professor A.J. Brown at Griffith University to co-edit a book examining international research on whistleblowing.
Professor Lepard Lepard Publishes on International Human Rights Law in the Routledge Handbook of Human Rights
Professor Brian Leparda globally recognized expert on international human rights law, has published an article on “International Law and Human Rights” in the “Handbook of Human Rights,” a comprehensive encyclopedia on human rights published by Routledge.  The volume was edited by Dr. Thomas Cushman of Wellesley College.  It contains over sixty contributions by prominent human rights scholars from around the world.  Professor Lepard has previously published a number of books related to international human rights law, including “Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions.”
Professor Blankley Blankley presents at Democracy in the Workplace conference
Professor Kristen Blankley participated in the Democracy in the Workplace conference which took place February 23-25, 2012 at UNLV's William S. Boyd School of Law.  The conference was sponsored by UNLV's Saltman Center for Conflict Resolution.  Blankley participated on a panel discussing "Designs for Voice at the Workplace," and presented, "Adding by Subtracting? How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services."
Professor Sheppard Sheppard named to Biotechnology Law Report editorial board
Professor Christal Sheppard was recently appointed to the distinguished editorial board of the Biotechnology Law Report.  Biotechnology Law Report is devoted to the evolving body of law and government regulation concerning biotechnology, particularly in the industries in which new products from these technologies are developing the most rapidly: pharmaceuticals, chemicals, agriculture, food processing, energy, mineral recovery, and waste treatment.

Professor Shavers Shavers presents at OSU’s 2012 Interdisciplinary Conference on Sex Trafficking
Professor Anna Shavers presented on the effectiveness of immigration law in providing relief to sex trafficking victims at Oregon State University’s Interdisciplinary Conference on Sex Trafficking in the United States: Researching Vulnerable Populations.  The conference was held February 16-18 at LaSells Steward Center on OSU’s campus in Cavallis, Oregon.
Professor Lepard Professor Brian Lepard Publishes on Tax Law
Professor Brian Lepard, a recognized expert on tax law, has published an article on an important tax issue involving transfer pricing between related companies. The article, entitled “Many Questions Unanswered Concerning Application of Codification of Economic Substance Doctrine to Transfer Pricing,” was published online by the Bureau of National Affairs (BNA). Professor Lepard is the author of three BNA Tax Management Portfolios on transfer pricing.
Professor Shavers Shavers to present at Journal of Civil Rights and Economic Development’s Spring 2012 Symposium
Professor Anna Shavers was selected to present “Crossing the Border through Immigration, Importation and Illicit Means and the Implications for Human and Civil Rights” at the Journal of Civil Rights and Economic Development’s Spring 2012 Symposium on March 16, 2012.
Professor Sheppard Sheppard speaks at Duke Law Symposium
Professor Christal Sheppard was a speaker and panelist at Duke University School of Law's Eleventh Annual "Hot Topics in Intellectual Property" Symposium on Friday, February 3. This year's symposium focused on recent developments in patent law, including the America Invents Act and perspectives on how it will affect business and innovation.
Professor Burkstrand-Reid Burkstrand-Reid to present at “Women, Capacity and Decisionmaking” conference
Professor Beth Burkstrand-Reid will present at the “Women, Capacity and Decisionmaking” conference hosted by the University of Missouri-Kansas City School of Law next week.  Burkstrand-Reid will present her paper, “Stuck in the Middle with You,” which examines the relationship between the regulation of marriage and the rise of cohabitation.  It argues that by disallowing couples from entering into contracts concerning how marriages are run, marriage as an institution may be rendered obsolete as is demonstrated by recent statistics showing that Americans think marriage is of decreasing importance.
Professor Duncan Duncan Federalism Speaking Tour Arrives in Florida
Professor Rick Duncan will speak on federalism, liberty and sanctuary at four Florida law schools in 4 different Florida cities this week. He will speak at Florida International University College of Law in Miami on Monday January 30, 2012, at Florida A & University College of Law in Orlando on Tuesday January 31, at University of Florida College of Law in Gainesville on Wednesday February 1, 2012, and at Florida State University College of Law in Tallahassee on February 2, 2012. He recently uploaded a paper on this subject at SSRN. A free download is available at this SSRN link.
Professor Schmidt Schmidt returns to UNAM 
Professor Steve Schmidt has returned to Mexico City to teach “Teaching Oral Trial Skills to Others” at the National Autonomous University of Mexico (UNAM). The three day "working seminar" is designed for UNAM professors who will teach trial advocacy at UNAM and other Mexican law schools. Schmidt is joined by Professor Peter Hoffman from the Elon University School of Law and Kristina Korobov from the Marion County Prosecutor's Office in Indianapolis, IN. Samuel Padilla, a Nebraska Law 3L, is also participating, giving a class on the oral advocacy system practiced in the U.S. The other faculty for the course consists of the Mexican professors who have received training at the Nebraska Law - Gerardo Molina Hierro, Patricia Ortega Cubas, Javier Gamboa Herrera, Moises Cruz Gayosso, Oscar Arriola Islas, Alberto Lopez Flores and Gonzalo Alanis Figueroa.  This training program is a result of the UNL-UNAM Rule of Law partnership designed to assist Mexico as they adjust their criminal justice system from a mixed inquisitorial system to an oral adversarial system.
Professor Duncan Duncan speaks on “The Tea Party’s Constitution”
Professor Rick Duncan spoke at the University of Chicago Law School on January 24, 2012, on "The Tea Party's Constitution." This program concerns recent calls by prominent scholars and commentators to amend the U.S. Constitution to shrink the size of the national government and increase the scope of state power. Duncan, who has published widely on constitutional law, has recently completed on article on this subject that he expects to publish in the very near future.
Professor Shavers Shavers appointed chair of AALS Committee on Academic Freedom and Tenure
Professor Anna Shavers has been appointed to serve as Chair of the Association of American Law Schools (AALS) Committee on Academic Freedom and Tenure (CAFT).  The CAFT has jurisdiction to consider matters involving academic freedom, tenure of faculty members and discrimination against a faculty member as defined by the AALS.
Professor Blankley Blankley to participate in panel of mediation experts
Professor Kristen Blankley is one of a panel of mediation experts that will be available to answer questions from practitioners during a webinar hosted by the Nebraska Mediation Association on Friday, January 27 at noon.  The webinar is approved for 1 CME hour, and is free to participants, but space is limited.
Professor Sheppard Sheppard to discuss America Invents Act at Duke Law Symposium
Professor Christal Sheppard will be a panelist at Duke University School of Law's Eleventh Annual "Hot Topics in Intellectual Property" Symposium on Friday, February 3.  This year's symposium will focus on recent developments in patent law, including the America Invents Act and perspectives on how it will affect business and innovation.
Professor Berger Berger’s award-winning article published in Boston University Law Review
Professor Eric Berger's article, "Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making," was recently published in the Boston University Law Review, 91 B.U.L.Rev. 2029 (2011).  The article was the winner of the 2011 American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.
Professor Wilson
Professor Lepard
Faculty members provide leadership in MLK, Jr. events
Professors Catherine Wilson and Brian Lepard both are playing important roles in the events planned for UNL’s recognition of the Martin Luther King, Jr. holiday. Wilson is the co-chair of UNL’s Martin Luther King, Jr. Week committee. Lepard will deliver his lecture, “Martin Luther King, Jr. and the Global Struggle Against Racial Discrimination,” on Wednesday, Jan. 18 at 7 p.m. at the Jackie Gaughan Multicultural Center. His lecture is free and open to the public.
Professor Leiter Leiter to address Association of Reporters of Judicial Decisions
Professor Richard Leiter has been invited to address the Association of Reporters of Judicial Decisions, an organization whose membership includes Reporters and staff from the United States Supreme Court, the Supreme Court of Canada, other federal and provincial courts in the U.S. and Canada and approximately one-half of the states of the U.S., at its annual meeting held August 2-4, 2012 in Chicago.  Leiter will present his work, Leading Case Service, which is about creating a new way to search judicial opinions.
Professor Medill Medill’s first book in Developing Skills series published, receives positive review
Professor Colleen Medill is the creator and series editor for a new series of books designed to teach professional skills to law students. The first book of the series, Developing Professional Skills: Property, was written by Medill and published by West in November 2011, and has already received positive feedback. The book series is designed to teach professional skills to students in Contracts, Torts, Civil Procedure, Criminal Law, Individual Income Tax, Corporations, Wills, Trusts and Estates, Real Estate Transactions and Finance, Employment/Employment Discrimination Law, Family Law, Criminal Procedure, and Intellectual Property. Each book will contain ten chapters that are designed to teach four basic skills (client counseling, legal drafting, negotiation and advocacy). The chapter exercises also incorporate professional responsibility concepts and issues within the context of the exercise.
Professor Duncan Duncan to speak at University of Chicago Law School
Professor Rick Duncan will speak at the University of Chicago Law School on January 24, 2012, on "The Tea Party's Constitution." This program concerns recent calls by prominent scholars and commentators to amend the United States Constitution to shrink the size of the National Government and increase the scope of state power. Duncan, who has published widely on constitutional law, has recently completed on article on this subject that he expects to publish in the very near future.
Professor Burkstrand-Reid Burkstrand-Reid to present “’Trophy Husbands’ & ‘Opt-Out’ Moms”
Professor Beth Burkstrand-Reid has been invited to present her work, "'Trophy Husbands' & 'Opt-Out' Moms," at the inaugural Women and Family Researchers Network Conference in New York City June 14-16, 2012.
Professor Medill Medill moderates program on Public Sector Employee Benefit Plans
Public sector employee benefit plans, which provide retirement and health care benefits to state and local government employees, have drawn national attention recently due to the significant adverse impact on state and local government budgets. Professor Colleen Medill moderated a program that provided an objective perspective on the past, present and future of public sector employee benefit plans. The program, which is co-sponsored by the Section on Employee Benefits Law and the Section on State and Local Government Law for the Association of American Law Schools, took place during the Association’s annual meeting held January 5-7 in Washington, D.C. The program speakers addressed the tax rules that govern public employee benefit plans, funding deficits and the related impact on state and local government budgets, and whether Congress and the federal government should become more involved in legislating and regulating state-level employee benefit plans.
Professor Shavers Shavers to present at Interdisciplinary Conference on Sex Trafficking
Professor Ann Shavers has been invited to present at Oregon State University's 2012 Interdisciplinary Conference on Sex Trafficking in the United States: Researching Vulnerable Populations. The conference will be held February 16-18, 2012, at LaSells Stewart Center on Oregon State's campus.  Shavers will present her paper which examines the effectiveness of immigration law in providing relief to sex trafficking victims.
Professor Blankley Blankley appointed to Advisory Council for the Office of Dispute Resolution
Assistant Professor Kristen M. Blankley was recently appointed by the Nebraska Supreme Court to serve a three-year term on the Advisory Council for the Office of Dispute Resolution, replacing Professor Alan Frank. The primary purpose of the counsel is to meet and advise the Director of the Office of Dispute Resolution on the administration of the Dispute Resolution Act.
2011
Professor Burkstrand-Reid Burkstrand-Reid is “Hot Coffee” panelist
Professor Beth Burkstrand-Reid's was a member of a panel that discussed the civil justice system and tort reform on Sunday, December 18, 2011. The panel took place following a screening of the film “Hot Coffee,” which examines “what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s,” and “how and why the case garnered so much media attention.”
Professor Leiter Leiter publishes book “Landmark Supreme Court Cases, 2d”
Professor Richard Leiter's new book, “Landmark Supreme Court Cases, 2d,” was published on December 13 by Facts on File, NY. The book is a standard reference work on the U.S. Supreme Court, widely held in public, school, college and university libraries throughout the world. In addition to the print version, the three volume, 1200 page book was published as an eBook.
Professor Medill Professor Colleen Medill to Address Career Federal Law Clerks on ERISA Litigation in the Federal Courts
The Federal Judicial Center has invited Professor Colleen Medill to speak on ERISA Litigation in the Federal Courts as part of the Center’s ongoing program of continuing education for career federal law clerks. Professor Medill spoke to career federal law clerks on this topic at the Judicial Clerkship Institute in 2011. She has been asked to speak again at the upcoming Judicial Clerkship Institute, which will be held March 15-16, 2012, in Malibu, California. Professor Medill will address recent Supreme Court rulings concerning the types of claims and remedies available under the Employee Retirement Income Security Act of 1974 and the possible implications for employer-sponsored health care plans of the Supreme Court’s pending ruling on the constitutionality of Obamacare.
Professor Blankley Blankley invited to Democracy in the Workplace conference
Professor Kristen Blankley has been invited to participate in the Democracy in the Workplace conference which will take place February 23-25, 2012 at UNLV's William S. Boyd School of Law. The conference is sponsored by UNLV's Saltman Center for Conflict Resolution. Blankley will participate in a panel discussing "Designs for Voice at the Workplace," and as part of that panel will present, "Adding by Subtracting? How Limited Scope Agreements for Dispute Resolution Representation Can Increase Access to Attorney Services."
Professor Vachon Vachon’s article published in Hastings Business Law Journal
Professor Christyne Vachon’s article, “Scratch My Back, I’ll Scratch Yours: Scratching the Surface of the Duty of Care in Cross Sector Collaborations - Are For-profit’s Obligated to Ensure the Sustainability of their partner Nonprofits?” was recently published in the fall issue of the Hastings Business Law Journal.
Professor Medill Medill to Moderate Program on Public Sector Employee Benefit Plans
Public sector employee benefit plans, which provide retirement and health care benefits to state and local government employees, have drawn national attention recently due to the significant adverse impact on state and local government budgets. Professor Colleen Medill will moderate a program that provides an objective perspective on the past, present and future of public sector employee benefit plans. The program, which is co-sponsored by the Section on Employee Benefits Law and the Section on State and Local Government Law for the Association of American Law Schools, will take place during the Association’s annual meeting in January of 2012 in Washington, D.C. The program speakers will address the tax rules that govern public employee benefit plans, funding deficits and the related impact on state and local government budgets, and whether Congress and the federal government should become more involved in legislating and regulating state-level employee benefit plans.
Professor Leiter Leiter presents paper for Yale Law School Library Spotlight series
On November 9, Professor Richard Leiter presented a paper at Yale Law School Library, as part of their Library Spotlight series. The title of the talk was, "The Future of Law Libraries and Changing Biblioformats....the more formats change, the more we shouldn't." Professor Leiter, who is a Visiting Research Fellow at Harvard Law Library this semester was invited to speak about his research project and to discuss an article ("Technical Services in the Digital World, A Look at Library Anatomy, Guts, Brains and all...." December 2011) to be published in an upcoming issue of Spectrum, the American Association of Law Libraries official periodical. The talk included a discussion of law libraries' response to changing formats in legal bibliography, arguing that libraries should apply traditional library methods to new mediums. It also included a discussion about the development of Leading Case Service, a new research tool that will assist law scholars and researchers explore case law and secondary scholarship in an exciting and novel way.
Professor Bradford Bradford Speaks at SEC Small Business Forum
Professor Steve Bradford spoke at the 2011 SEC Government-Business Forum on Small Business Capital Formation on Thursday, November 17. Professor Bradford was part of a panel that discussed current capital formation issues for private companies. Bradford's comments from the panel were then mentioned on the Wall Street Journal's Venture Capital Dispatch Blog.
Professor Zellmer Zellmer’s Testimony Key in Pipeline Resolution
Professor Sandi Zellmer recently testified before the Natural Resources Committee of the state legislature in support of LB1, a bill to authorize state routing authority over interstate oil pipelines. Her testimony played a key role in the recent compromise that Speaker Mike Flood reached with representatives of TransCanada.
Marcia Dority Baker Dority Baker Featured Blogger on ACRLog
Marcia Dority Baker, Access Services Librarian & Assistant Professor of Law Library, recently guest blogged for ACRLog, the blog for the Association of College & Research Libraries. In her blog post, Dority Baker shared information about the College’s work to better highlight faculty scholarship through the use of social networks and better use of faculty webpages.
Professor Moberly Moberly Leads Webinar on Developments in Whistleblower Law
Professor Richard Moberly led a webinar on Significant Developments in Whistleblower Law in 2011 on November 16, 2011. The webinar, sponsored by the Bureau of National Affairs, included discussion of about recent Supreme Court retaliation cases, new Sarbanes-Oxley decisions from the Administrative Review Board, and the new Dodd-Frank regulations from the SEC and OSHA related to whistleblowers.
Professor Blankley Blankley Presents at 2011 Kansas Law Review Symposium
Professor Kristen Blankley presented at the 2011 Kansas Law Review Symposium held Friday, Nov. 11. This year’s symposium, “Perspectives on the Current State of Arbitration Law,” featured legal scholars from universities across the nation. Blankley’s research examines the current state of the attorney ethics rules and the criminal law regarding perjury and tampering. Her paper, “Taming the Wild West of Arbitration Ethics,” advocates simple changes to the criminal law to ensure that the rules regarding perjury and witness and document tampering apply to the arbitral forum.
Professor Zellmer Zellmer Offers Testimony regarding Pipeline Legislation
Professor Sandi Zellmer testified before the Natural Resources Committee of the Nebraska legislature in support of LB1, a bill to authorize state routing authority over interstate oil pipelines. Her testimony touched on four topics: (1) LB1 is not expressly preempted by federal law; (2) LB1 is not implicitly preempted because it does not conflict with federal law, and because the exercise of state authority to regulate land use and to conserve natural resources is an important aspect of state sovereignty and of an effective federal-state partnership regarding oil pipelines; (3) a supplemental environmental impact statement, if triggered by a decision to re-route the pipeline, would not be an excessively burdensome requirement; and (4) state routing requirements would not result in a Fifth Amendment taking.
Professor Burkstrand-Reid Burkstrand-Reid’s Article Published in Family Court Review
Professor Beth Burkstrand-Reid's article "Teaching Controversial Topics," was recently published in the Family Court Review.  In it Burkstrand-Reid and her co-authors provide guidance to law professors on how to successfully teach the law surrounding difficult issues such as abortion, gender and sexuality.  Professor Burkstrand-Reid has spoken widely on these areas of law both in and out of the classroom.
Professor Potuto Potuto Selected for Chancellor’s Distinguished Lecture Series
Professor Josephine Potuto was selected to deliver the 2012 Spring Nebraska Lecture as part of the Chancellor’s Distinguished Lecture Series. The series was established in 2003 by the Office of Research in collaboration with the Research Council, and selection is the highest recognition the Research Council can bestow upon an individual faculty member. The purpose is to celebrate the significant achievements and contributions made by the faculty member, to foster communication among students and faculty in different academic disciplines, and to present topics of public interest in a format that will attract a wide audience.
Professor Zellmer Zellmer Delivers Pre-Lecture at E.N. Thompson Forum
Professor Sandi Zellmer delivered the pre-lecture to the E.N. Thompson Forum event on “Dividing the Waters: Global Security in a Water-Stressed World” held on Tuesday, November 1. In her lecture, Zellmer focused on water law and global food security, and was followed by the keynote speaker, Sandra Postel, an acclaimed author, consultant and lecturer as well as a leading authority on international freshwater issues.
Professor Sheppard Sheppard Presents at 5th Annual IP Scholars Forum
Professor Christal Sheppard presented at the 5th Annual IP Scholars Forum at the University of Akron College of Law on Friday, October 28. The Forum is designed to bring together prominent scholars for intensive discussions on cutting-edge issues of common interest. This year’s topic of discussion was patent law reform. Dr. Sheppard’s presented “The America Invents Act: Missed Opportunities and Next Steps for Patent Law Reform” as part of the forum.
Professor Burkstrand-Reid Burkstrand-Reid’s Work Featured in Forthcoming Casebook
Professor Beth Burkstrand-Reid's work on male caretakers will be featured in the forthcoming book Cases and Materials on Family Law. An excerpt of Professor Burkstrand-Reid article "Trophy Husbands" and Opt-Out Moms will appear in the textbook, which is in its sixth edition. "Trophy Husbands" and Opt-Out Moms previously appeared in the Seattle University Law Review in a Spring 2011 symposium issue on men, class and work-family balance. The symposium was introduced by Supreme Court Justice Ruth Bader Ginsburg. Cases and Materials on Family Law is authored by Professors Judith Areen of Georgetown University Law Center, Marc Spindelman of Ohio State College of Law, and Philomila Tsoukala of Georegetown University Law Center and will be published by Foundation Press (Thomson Reuters).
Professor Schutz Schutz Elected to AALA Board of Directors
"The American Agricultural Law Association (AALA) is the only national professional organization focusing on the legal needs of the agricultural community. Crossing traditional barriers, it offers an independent forum for investigation of innovative and workable solutions to complex agricultural law problems." Professor Anthony Schutz was elected to the AALA Board of Directors by its membership this year. The announcement came at the AALA's annual conference in Austin, TX, on October 21st and 22nd. Professor Schutz also presented an annual update on environmental-law developments affecting agriculture and moderated a panel on investments in agricultural land. Garth Glissman, '09, also participated on this panel, speaking about investment vehicles that are available in light of state corporate-farming restrictions. Professor Schutz was also accompanied by three current students, Jeff Murman, Vanessa Silke, and Tim Hruza. Their attendance was made possible by the Neal and Leone Harlan Agricultural Law Excellence Fund, a generous gift made by Leone Spencer Harlan that supports agricultural law at the college. The College of Law's ties to the AALA date to its founding, 32 years ago, when Professor Norman Thorson helped start the organization.
Professor Duncan Duncan Presents “The Tea Party’s Constitution”
Professor Rick Duncan spoke recently about federalism and liberty at two law schools in the West. On October 24, 2011, he spoke at the University of Idaho Law School, and on October 25, 2011 presented at the University of Montana Law School, on "The Tea Party's Constitution." This program concerns recent calls by prominent scholars and commentators to amend the United States Constitution to shrink the size of the National Government and increase the scope of state power. Duncan, who has published widely on constitutional law, takes the position that perhaps it is time for state legislatures to call a constitutional convention to consider amendments along these lines.
Dean Poser Poser awarded Outstanding Contributor to Women in the Law
Dean Susan Poser received the Outstanding Contributor to Women in the Law Award from the Nebraska State Bar Association last week at the annual bar meeting. Presenting Poser with her award was Mary Wenzel, Chair of the Women and the Law section. This award, presented annually by the Women and the Law Section of the Nebraska State Bar Association, recognizes the lifelong accomplishments of an individual who has directly contributed to the active integration and participation of women in the Nebraska system of justice as attorneys, judges and scholars.
Professor Sheppard Sheppard Presents On Patent Law Reform
Dr Christal Sheppard addressed an audience of judges, patent law professionals and students at the UMKC IP and Technology Transfer Symposium held October 14, 2011 in Kansas City. Her talk, “Patent Law Reform: Success, Failures and Missed Opportunities” was well received and generated a thoughtful discourse of the separate roles for the Courts and Congress in Patent Law and Policy-making.
Professor Berger Berger presents at Second Annual Constitutional Law Colloquium
On Friday October 21, 2011, Professor Eric Berger gave a paper entitled "Deference Determinations and Stealth Constitutional Decision Making" at the Second Annual Constitutional Law Colloquium at Loyola University Chicago School of Law. He presented the paper as part of a panel on Constitutional Decision Making.
Professor Moberly Moberly Quoted by Lawyers USA Article
On Friday, September 16, Associate Dean Richard Moberly was quoted in Lawyers USA in “SOX Whistleblower Decision Creates Employer Problems.” The article discusses the implications for employers of a recent decision from the U.S. Department of Labor Administrative Review Board with respect to whether an employer has a duty to keep the identity of a whistleblower confidential.
Professor Schutz Schutz Presents at Water Law Conference
Professor Anthony Schutz spoke at the Water Law Conference held October 12th in Lincoln. The conference was sponsored by the UNL Water Center and the College of Law. In addition to moderating the morning session, Professor Schutz provided an overview of recent developments in this area of the law. 
Professor Medill Medill to Moderate National Symposium on Health Care Reform Policy
Professor Colleen Medill has been invited to serve as the moderator for The Intersection of ERISA and PPACA Laws: Do the Two Fit Together?, an interdisciplinary national symposium that will be held in Chicago, Illinois, on April 16, 2012. The symposium will address the impact of the Patient Protection and Affordable Care Act of 2010 on employer-sponsored health care plans that are regulated by the Employee Retirement Income Security Act of 1974 and explore the distinctly different public policy goals and objectives that underlie these two federal laws. In addition to moderating the symposium, Professor Medill will review the submissions from scholars and researchers from the fields of law, business, and public policy and assist the conference organizers in selecting the papers to be presented at the symposium.
Professor Zellmer Zellmer Presents at 21st Century Water Law Symposium
Professor Sandi Zellmer was invited to give a presentation at the 21st Century Water Law Symposium at Lewis and Clark Law College in Portland, Oregon. She addressed climate change and watershed preservation in wilderness areas. Her article on this topic will be published in Environmental Law, the nation's oldest law review dedicated solely to environmental issues, in spring 2012.
Professor Duncan Duncan Guest Lecturers at Two Law Schools
Professor Rick Duncan spoke at two law schools in St. Louis this week. On October 3, 2011, he spoke at St. Louis University Law School on "The Tea Party's Constitution." This program concerns recent calls by prominent scholars and commentators to amend the United States Constitution to shrink the size of the National Government and increase the scope of state power. In his lecture, Duncan, who has published widely on constitutional law, took the position that perhaps it is time for state legislatures to call a constitutional convention to consider amendments along these lines. And on October 4, 2011 Duncan spoke at Washington University (St. Louis) School of Law on "Why Justice Scalia is Wrong About the Free Exercise Clause." Prof. Duncan took the position that the Supreme Court has not given the free exercise of religion the protection to which it is entitled under the First Amendment.
Professor Shavers Shavers Presents Paper at Human Trafficking Conference
Professor Anna Shavers presented her paper, “Assessing the Effectiveness of Immigration Law Protections for Trafficking Victims,” at the UNL Human Trafficking Conference held Friday, September 30th.
Professor Potuto Potuto Addresses Pipeline Issue
Professor Josephine Potuto was quoted by the Omaha World Herald in its September 29th article, "Who has the final say on the pipeline?".
Professor Lepard

Lepard Publishes on Comparative Religious Law
Professor Brian Lepard, a recognized expert on international human rights law, comparative law, religious law, and ethics, has published two chapters in an important book on world religions, “The World’s Religions: A Contemporary Reader,” edited by Arvind Sharma of McGill University. The book was released by Fortress Press earlier this year, and has won acclaim by prominent religion scholars. Other contributors include some of the most distinguished scholars of religion in the world today, such as Karen Armstrong, Harvey Cox, Nobel prize winner Shirin Ebadi, Seyyed Hossein Nasr, Huston Smith, and Sumner Twiss. Professor Lepard’s chapters are entitled “World Religions and World Peace: Toward a New Partnership,” and “A Bahá’í Perspective on the Universal Declaration of Human Rights by the World’s Religions.

Professor Lepard has published a number of books related to comparative religious law, including “Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions,” and “Hope for a Global Ethic: Shared Principles in Religious Scriptures.” His most recent book is “Customary International Law: A New Theory with Practical Applications,” published by Cambridge University Press in 2010.”

Dean Pierce

Pierce Honored by YWCA of Lincoln
Dean Glenda Pierce was honored on September 22 at the YWCA of Lincoln’s Annual Tribute to Women. Nominated for the award by three alumni, Pierce was honored for her dedication to students and the impact that she has made on so many at the College of Law.

Professor Duncan Duncan Speaks on "The Tea Party Constitution"
Professor Rick Duncan spoke on "The Tea Party's Constitution" at Washburn University School of Law on September 20, 2011. This program concerned recent calls by prominent scholars and commentators to amend the United States Constitution to shrink the size of the National Government and increase the scope of state power. In his lecture, Duncan, who has published widely on constitutional law, took the position that perhaps it is time for state legislatures to call a constitutional convention to consider amendments along these lines.
Professor Shavers Shavers Participates in Panel on Immigration
Professor Anna Shavers was a panelist at the American Immigration Lawyers Association Fall Conference, held on September 16 in Denver. The panel discussed ways in which attorneys can use U.S. legal obligations under international law to win cases in immigration court and before the agency. Other panelists were Dagmar Butte (AILA Board of Governors) and Grace Meng (Human Rights Watch- U.S. Program).
Professor Moberly Moberly Presents at 6th Annual Labor and Employment Law Colloquium
On Friday, September 16, Associate Dean Richard Moberly presented a talk, "Obama's Whistleblower Dilemma," at the 6th Annual Labor and Employment Law Colloquium, held at Southwestern Law School in Los Angeles, California. The lecture explored the Obama administration's policies towards whistleblowers, and focused on Obama's seemingly harsh treatment of government employees who blow the whistle on issues related to national security.
Professor Medill Professor Medill Speaks at National Summit on Teaching Skills and Professionalism
Professor Colleen Medill Professor Colleen Medill recently spoke on Teaching Skills and Professionalism at the 2011 Innovation in Teaching Summit, which was sponsored by Thomson ‘Reuters. The Innovation in Teaching Summit is an invitation-only event that brings together a select group of law school teachers and the executives of Foundation Press and West Law School Publishing for a two day discussion of the latest developments in instructional design, assessment, teaching methodologies, skills training and professionalism, and the use of multimedia in the classroom. Other participants in the Summit were Saul Levmore (University of Chicago), Deborah Merritt and Marc Spindelman (Ohio State), Benjamin Spencer (Washington and Lee), Gerald Hess and Linda Rusch (Gonzaga), and Michael Schwartz (Washburn).
Professor Berger Berger Wins Cudahy Writing Competition
Professor Berger Professor Eric Berger's article, "Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making" is the 2011 winner of the American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. The article argues that courts hearing constitutional individual rights challenges to administrative agency actions should take greater account of the fact and nature of agency action. Rather than equating agency and legislative action, courts confronted with such cases should inquire more carefully into how the agency has adopted the policy in question and whether the agency has behaved in a manner deserving of judicial deference. The article, in its entirety, can be found at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1860359.
Professor Ruser Ruser Participates in Immigration Panel
Professor Kevin Ruser Professor Kevin Ruser was a panelist recently on a panel that discussed immigration issues at the City Campus Union on September 1, 2011. The panel took place following a screening of the film “Tony and Janina’s American Wedding,” which follows a Polish American family through the current U.S. immigration story.
Professor Shavers Shavers to Participate as Panelist Discussing "The Help"
Professor Anna Shavers has been invited to participate in a faculty panel discussion about ways the book and movie, “The Help,” can be understood as it relates to a larger cultural and historical context. The panel is comprised of UNL faculty members from Ethnic Studies and Women’s and Gender Studies, and will take place on Wednesday, September 14 from 3:30 to 5:00 p.m. in Bailey Library on the 2nd floor of Andrews Hall.
Professor Duncan Duncan to Speak on "The Tea Party's Constitution"
Professor Rick Duncan will speak on "The Tea Party's Constitution" at Washburn University School of Law on September 20, 2011. This program concerns recent calls by prominent scholars and commentators to amend the United States Constitution to shrink the size of the National Government and increase the scope of state power. Duncan, who has published widely on constitutional law, will take the position that perhaps it is time for state legislatures to call a constitutional convention to consider amendments along these lines.
Professor Leiter Leiter Appointed Fellow at Harvard Library Innovation Lab
Professor and Director of the Schmid Law Library Richard Leiter has been appointed Visiting Academic Fellow at the Harvard Library Innovation Lab at Harvard Law School. Over the course of the fall semester, he will be working with a group of ten researchers at HLS who are developing a cutting edge online research service called LibraryCloud ShelfLife for the National Digital Library. The service will greatly enhance researchers' access to online and print materials by helping researchers focus on significant materials using carefully designed search algorithms. Leiter will also be working on an individual research project that will enhance full text online case research.
Professor Lyons Lyons To Speak on Partnership Income Taxation
Professor William Lyons will speak on partnership income taxation issues for estate planners at the ALI-ABA program on Sophisticated Estate Planning Techniques. The conference will be held on September 8-9 in Boston.
Professor Shavers Shavers Moderates Panel on Birthright Citizenship
At the recent ABA Annual Meeting held in Toronto, Canada, Professor Anna Shavers moderated a panel discussion on "The Battle over Birthright Citizenship: History, International Perspectives, and the Path Ahead."
Professor Blankley Blankley Invited to Participate in Arbitration Symposium
Professor Kristen Blankley was invited to participate in the Kansas Law Journal's symposium on arbitration on November 11, 2011. Professor Blankley will be presenting her research on arbitration ethics and the applicability of perjury and tampering statutes to the arbitral forum. The Kansas Law Review will also publish her paper following the symposium.
Professor Schutz This land is . . . whose land?
The scenic Snake River runs through 126 miles of ranch land in the open sand hills of northern Nebraska. 3 miles of land along the river is up for sale and the state of Nebraska is trying to buy it. The purchase of this fragile natural resource has pried open a can worms: in what hands are natural resources best protected. Professor Anthony Schutz comments on the topic to NET Radio.
Professor Berger Berger Presents at SEALS
Professor Eric Berger recently presented his paper, "Deference Determinations and the Perils of Minimalism," at the South Eastern Association of Law Schools Annual Convention in Hilton Head, South Carolina. Berger presented as part of a panel of constitutional scholars, titled "To Defer or Not to Defer," that discussed judicial deference at the convention on July 29.
Professor Blankley Blankley and Wolfe Facilitate Budget Discussions
Professor Kristen Blankley was recently invited to serve on the District of Nebraska Bankruptcy Court Mediation Committee. This committee is creating and proposing mediation rules for adoption in the District of Nebraska Bankruptcy Court. Blankley teaches mediation, mediation in advocacy, alternative dispute resolution, and arbitration at the College of Law.
Professor Schutz Schutz Facilitates Republican River Basin Meeting
Professor Anthony Schutz recently facilitated a meeting of the Republican River Basin Water Sustainability Task Force, a group whose primary to help develop consensus from basin leaders on several water management issues in the Republican River Basin.
Professor Willborn Willborn Attends Annual Conference of Uniform Law Commissioners
Professor Steve Willborn recently attended the annual conference of the Uniform Law Commissioners in Vail, Colorado. Professor Willborn is one of Nebraska's commissioners on the Commission, along with Chancellor Perlman and four others. Professor Willborn served on the drafting committee for an Act approved by the conference, the Uniform Electronic Material Act. This is an Act that responds to the increasing practice of publishing important legal materials, such as statutes and regulations, only in electronic format. It establishes rules for ensuring that electronic legal materials can be appropriately authenticated, are made widely available to the public, and are preserved adequately. As with all uniform acts, the Uniform Electronic Legal Materials Act will now be presented to states for possible enactment.
Professor Moberly Moberly Presents at International Whistleblower Research Network Conference
Associate Dean Richard Moberly spoke on the results of his empirical research regarding anti-retaliation provisions in corporate codes of conduct at the International Whistleblower Research Network Conference. The study found that, despite being subject to a variety of legal requirements, U.S. corporations have developed remarkably similar procedures for dealing with corporate whistleblowers, including promising employees that the company will not retaliate against them for reporting corporate misconduct. The conference, held at Middlesex University in London, took place on June 23 and 24.
Professor Burkstrand Reid Burkstrand-Reid Presents at "Women Rethinking Equality" Conference
Professor Beth Burkstrand-Reid spoke at the "Women Rethinking Equality" Conference held June 21 and 22 in Washington, D.C., and sponsored by the Association of American Law Schools and the Section on Women in Legal Education. At the conference, Burkstrand-Reid spoke on the future of fatherhood, and more specifically, how fathers and masculinities can be leveraged to accomplish work-life balance reform.
Professor Blankley Blankley and Wolfe Facilitate Budget Discussions
On Saturday, June 18, 2011, Professor Kristen Blankley and 3L Tobin Wolfe volunteered as facilitators in Lincoln's Taking Charge 2011 roundtable discussions between Lincoln citizens and officials from the Mayor's Office. The Taking Charge program requests citizen input on the city budget and how the Mayor's Office should cut its services in order to balance the budget.  The Taking Charge program consists of an online survey and an all-day session with other citizens and representatives of the Mayor's Office. Professor Blankley and Mr. Wolfe acted as small-group facilitators in the all-day session. Their goals included helping citizens make informed decisions and helping citizens prioritize city services. This exercise required the use of mediation and large group facilitation skills.
Professor Dooling Dooling Leads "The Business of Writing" Workshop
Professor Rick Dooling led "The Business of Writing: Inside the Publishing Industry," along with editor Anna deVries, at the Nebraska Summer Writers Conference held June 11-17. The workshop addressed issues facing writers who are considering publishing, such as how to approach a New York literary agent and whether to self-publish. Dooling's first novel, Critical Care, was made into a film directed by Sidney Lumet. His second novel, White Man's Grave, was a finalist for the 1994 National Book Award. His third and fourth novels, Brain Storm and Bet Your Life, were both New York Times Notable Books of the Year. In addition to these and other novels he has written, Dooling's writing has also appeared in The New Yorker, The L.A. Times, and The National Review.
Professor Burkstrand Reid Burkstrand-Reid Presents "The Man of the House?"
Professor Beth Burkstrand-Reid spoke on the future of fatherhood as part of the Feminist Legal Theory Collaborative Research Network at the annual Law and Society Meeting in San Francisco. Her presentation, titled "The Man of the House?," examines masculinity, fatherhood and how each can be leveraged for the benefit of work-family balance legal reform. The Feminist Legal Theory CRN brings together scholars from a wide variety of disciplines who are interested in feminist theory. Burkstrand-Reid also presented at the Emerging Family Law Scholars conference while in San Francisco.
Professor Schmidt Schmidt Leads Training as part of UNL-UNAM Rule of Law Project
On June 6, Professor Steve Schmidt begins a five day training program entitled "Introduction to the Adversarial Process" at the law school for Universidad Autonoma Nacional de Mexico (UNAM) in Mexico City, Mexico. The program is being given for Mexican law professors and follows the NITA model of teaching trial advocacy skills. Professor Schmidt is being assisted by Elizabeth Elliott of the Lancaster County Public Defenders Office and several Mexican professors who previously received oral trial skills training at the UNL College of Law, including Gerardo Hierro Molina, Patricia Ortega Cubas, Javier Gamboa Herrera, Mercedes Luna Guerra, Alberto Flores Lopez and Oscar Arriola Islas. The program is part of the UNL-UNAM Rule of Law Project whereby UNL is assisting UNAM as Mexico undergoes a major reform in its criminal justice system.
Professor Willborn Willborn Installed as Chair of LSAC Board
On June 3, Professor Steve Willborn became Chair of the Board of Trustees of the Law School Admission Council (LSAC) at its annual meeting in Hollywood, Ca. The LSAC is a consortium of all ABA-approved American law schools and several foreign law schools. It is best known for its principal product, the Law School Admissions Test, but is also the primary professional organization for all American admissions officers and it provides a wide variety of information, technology and data regarding law school admissions. After his installation, Professor Willborn introduced the conference's keynote speaker, Betty Anne Waters, who went to law school so that she could help free her brother who was wrongfully convicted and imprisoned. Her story was told in the major motion picture Conviction in which Ms. Waters was portrayed by Hillary Swank. At the meeting, Professor Willborn also presented the goals for his two-year term as Chair of the LSAC.
Professor Medill AALS Annual Meeting Program to Spotlight Non-Traditional Scholarship & Social Change
In recent years, scholars have begun to reach outside of the legal academy with their scholarship – on blogs and other social media, in articles and opinion pieces for newspapers and magazines, in amicus briefs and white papers, and through grant-funded research. As the chair of the Program Planning Committee for the Section on Women in Legal Education, Professor Colleen Medill has organized a program that spotlights innovative forms of non-traditional scholarship that emphasize social change. The program speakers will discuss their experiences with nontraditional forms of scholarship using social media, empirical studies, and advocacy. The program will be moderated by Professor Dorothy Roberts of Northwestern University and will feature speakers including Jaya Ramji-Nogales of Temple University, Michele Beardslee of Miami University, Rigel Oliveri of the University of Missouri-Columbia, Robin Runge of North Dakota University, and Fionnuala Ni Aolain of the University of Minnesota. The program will be presented during the Annual Meeting of the Association of American Law Schools in Washington, D.C. in January 2012.
Professor Schmidt Schmidt Presents at International Forum
Steve Schmidt presented at "Issues in the Implementation of Oral Trials: Mexico & U.S. Cases," an international forum hosted by the law school of the Universidad Autonoma de Sinaloa. Over 350 attorneys, law professors and law students attended Professor Schmidt's presentation, "The Criminal Justice System in the United States."
Professor Burkstrand-Reid Burkstrand-Reid Comments on Possible Effect of Indiana Law
Professor Beth Burkstrand-Reid was recently quoted in The Christian Science Monitor discussing the possible effect a recent Indiana court ruling would have on a woman's access to healthcare services. Read the article here.
Professor Potuto Potuto Participates in "Enforcement Experience
Professor Josephine Potuto recently participated in the NCAA's "Enforcement Experience," an event for the media the NCAA hosted in an effort to provide insight into its infractions investigation and enforcement processes. Potuto, who served as the NCAA's Committee on Infraction's chair in 2009, acted the part of the Chair for the exercise. As a result of her participation, Professor Potuto was quoted in several different articles written by participants in the exercise, including Knoxville News Sentinel, Jackson Clarion Ledger, ESPN, The Washington Post, Raleigh News & Observer, and the Chronicle of Higher Education.
Professor Blankley Blankley Appointed to Boards of Directors
Professor Kristen Blankley was recently appointed to the Boards of Directors of two Nebraska mediation organizations. First, she was appointed to the Board of the Nebraska Mediation Association, a state-wide association of mediators focusing on mediator education, training, and networking opportunities for Nebraska mediators. Second, she was appointed to the Board of Directors of the Mediation Center, one of six community mediation centers approved and regulated by the Nebraska Office of Dispute Resolution. The Mediation Center services Lancaster County to provide mediation services to all individuals at an affordable cost.
Professor Medill Medill to Participate in "Women Rethinking Equality" Conference
Professor Colleen Medill has been invited to participate in the "Women Rethinking Equality" Conference as one of the Conference's senior commentators on works in progress by emerging women scholars. The "Women Rethinking Equality" Conference will take place June 21-22, 2011, in Washington, D.C., and is sponsored by the Association of American Law Schools and the Section on Women in Legal Education. Professor Medill is a member of the Executive Committee for the Section on Women in Legal Education and is the Chair of the Section's Mentoring Committee.
Professor Frank Frank Judges International Client Conslutation Competition
Professor Alan Frank traveled to the University of Maastricht in the Netherlands to serve as a judge in the Louis M. Brown and Forrest S. Mosten International Client Consultation Competition. The Brown-Mosten Competition is an annual competition for winners of national competitions held across the world. This competition was inaugurated in 1985 with three teams: Canada, the USA and the UK. Since that time it has grown, and by 2010, teams twenty-two countries participated. Professor Frank is one of the faculty members who organizes and coaches the Nebraska Law client counseling competition each year, and has been involved with the administration of the national competition as well.
Professor Blankley Blankley Panelist At ABA Spring Conference
Professor Kristen Blankley was part of a panel of speakers at the ABA Section of Dispute Resolution's Annual Spring Conference in Denver, Colorado held April 14-16, 2011. Professor Blankley organized the panel which discussed recent developments in arbitration case law. Other panelists included Sarah R. Cole of The Ohio State University, Moritz College of Law, Maureen Weston of Pepperdine University School of Law, and James Madison, arbitrator and mediator from Menlo Park, California.
Professor Ammori Ammori Speaks at TEDx U of M
Professor Marvin Ammori spoke at TEDx University of Michigan, on April 8, 2011, presenting a talk on the importance of Internet policy in our democracy. Professor Ammori was invited as one of the world's most consequential lawyers and thinkers on Internet policy. Ammori discussed the role of the Internet in our democracyâ??and budding democracies abroadâ??and connected that role to laws that shape the Internet's architecture. He encouraged the audience to think of Internet law as the 21st Century's most important practical implementation of First Amendment principles, and therefore core to all the liberties citizens enjoy. A Michigan student introduced Professor Ammori to the crowdâ??his little sister, Candice. Ammori's 18-minute talk will be available online within a few weeks.
Professor Burkstrand Reid Burkstrand-Reid's Work Published By Seattle University Law Review
Professor Beth Burkstrand-Reid's writing on work-family balance has been published in the Seattle University Law Review in a colloquy issue on Reshaping the Work-Family Debate: Why Men and Class Matter, a new book written by renowned work-family balance scholar Joan Williams. Burkstrand-Reid's contribution, "Trophy Husbands and 'Opt-Out' Moms," appears alongside an address by U.S. Supreme Court Justice Ruth Bader Ginsburg. It focuses on the work-family balance pressures that push men and women out of the paid work force and the legal reforms needed to address this problem. The issue includes a reprint of Justice Ginsburg's 1978 address "Women at the Bar: A Generation of Change" and a new preface to that address in which Justice Ginsburg comments on the advances of women and the progress still needed on gender-related issues.
Professor Medill Medill Speaks at Byrne Judicial Clerkship Institute
Professor Colleen Medill recently spoke on ERISA Litigation in the Federal Courts at the Byrne Judicial Clerkship Institute. The Institute is named in memory of The Honorable William Matthew Byrne, Jr., who was a highly regarded federal district court judge in Los Angeles. The Institute provides education and training for new and career law clerks in the federal courts. Over 120 federal law clerks from around the country attended the three-day Institute, which was co-sponsored by the national Federal Judicial Center
Professor Berger Berger Article Accepted for Publication
Professor Eric Berger's article, Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making, has been accepted for publication in the Boston University Law Review. The article is scheduled for publication in late 2011.
Professor Schutz Schutz Facilitates Republican River Sustainability Task Force
Professor Anthony Schutz continues to serve the State of Nebraska and develop his understanding of water and agricultural law by facilitating the Republican River Water Sustainability Task Force created by LB 1057 (2010). He, in conjunction with the National Drought Mitigation Center and UNL's Public Policy Center, is helping that group fulfill its legislative charge of defining water sustainability, recommending a plan to achieve it, and developing solutions to Republican River Compact and compliance issues.
Professor Medill Medill Signs Book Contract with West
Professor Colleen Medill has signed a book contract with West Law School Publishing to write a new treatise on employee benefits law. Principles of Employee Benefits Law will be published as part of West's Concise Hornbook Series.
Professor Lepard Lepard Publishes Review of The Responsibility to Protect: Ending Mass Atrocity Crimes Once and For All
Professor Brian Lepard has published a review of the book, The Responsibility to Protect: Ending Mass Atrocity Crimes Once and For All, by Gareth Evans in the October 2010 issue of the American Journal of International Law. Evans' book was published in 2008 by Brookings Institutional Press. In his book review, Lepard reviews the history of the responsibility to protect concept developed in 2001 by the International Commission on Intervention and State Sovereignty, which was co-chaired by Evans. The U.N. General Assembly later endorsed the concept in a 2005 resolution. Lepard notes in his review that "the global community has largely ignored the ICISS's primary recommendations. For example, it failed to take decisive action to protect the many victims who were raped and slaughtered in Darfur during the last decade." Lepard praises Evans' book as one that will "take its place as one of the standard-bearers on the evolving responsibility to protect concept."
Professor von der Dunk von der Dunk Contributes to OBO
Professor Frans von der Dunk has been invited by the Oxford University Press to contribute to the Oxford Bibliographies Online (OBO), notably its subdivision OBO: International Law. The project will be the first authoritative web-based bibliographic database on international, including space law which is Professor von der Dunk's area of expertise.
Professor Burkstrand Reid Burkstrand-Reid Appointed to Women's and Gender Studies Faculty
Professor Beth Burkstrand-Reid has been appointed to the faculty of the Women's and Gender Studies Program at the University of Nebraska-Lincoln. Burkstrand-Reid's appointment recognizes her extensive research and teaching on many issues related to women and gender, including reproductive health, educational equity, and family law. Burkstrand-Reid has been widely-cited on gender law-related issues. Her work on reproductive health and work-family balance law has been featured in law reviews and legal textbooks.
Professor Blankley
Professor Frank
Frank & Blankley to Present at Mediators Conference
Professors Alan Frank & Kristen Blankley were selected to present at the 2001 Heartland Conference of Mediators on May 5, 2011 in Ankeny, Iowa. They will be presenting on a panel called "Mediation Credentialing: A Continuing Conversation," together with Deborah Brownyard, the Director of the Nebraska Office of Dispute Resolution, and Mike Thompson, the Executive Director of the Iowa Mediation Service.
Professor Schutz Schutz Presents Paper at Fordham
Professor Anthony Schutz presented his paper, Toward a More Multi-Functional Agriculture: Community Approaches to Expanding the Scope of Production Agriculture, at the Fordham University School of Law on Friday, March 4, 2011. Schutz also participated in Fordham's symposium, Analyzing Regional Foodsheds and Local Food: The Role of Environmental and Land Use Law and Policy.
Professor Berger Berger Article Published
Professor Eric Berger's response, "On Saving the Death Penalty: A Response to Adam Gershowitz's Statewide Capital Punishment," was recently published in the Vanderbilt Law Review En Banc. The response addresses an article written by Adam Gershowitz entitled Statewide Capital Punishment: The Case for Eliminating Counties' Role in the Death Penalty. Read Berger's response here.
Professor Zellmer Zellmer Wins Best Paper Award
Professor Sandi Zellmer was awarded the Best Paper at the American Bar Association's Annual Water Law Conference in San Diego. She delivered a presentation on the same subject, "Mudslinging on the Missouri River," on February 24. The paper will be posted on the ABA's website and published in an upcoming water law newsletter.
Professor Lenich Lenich Earns Honor from Nebraska Bar Foundation
Professor John Lenich has been selected as the Outstanding Legal Educator by the Nebraska State Bar Foundation. This award acknowledges momentous contributions to the field of legal education by a legal educator, a lawyer who volunteers his or her time to instruct, or a lawyer who serves in continuing legal education capacities.
Professor Schutz Schutz to Present at Fordham University School of Law
Professor Anthony Schutz will present his paper, Toward a More Multi-Functional Agriculture: Community Approaches to Expanding the Scope of Production Agriculture, at the Fordham University School of Law on Friday, March 4, 2011. He will also participate in Fordham's symposium, ANALYZING REGIONAL FOODSHEDS AND LOCAL FOOD: THE ROLE OF ENVIRONMENTAL AND LAND USE AND POLICY.
Professor Bornstein Bornstein Recipient of 2011 AP-LS Outstanding Teaching & Mentoring Award
Professor Brian Bornstein has been selected as the 2011 recipient of the American Psychology-Law Society (AP-LS) Outstanding Teaching and Mentoring Award. His selection was based on Bornstein's service as an educator, mentor, and his exceptional overall contributions to the psychology and law profession. The award will be presented at the 4th International Congress on Psychology and Law held in Miami this March.
Professor Burkstrand-Reid Burkstrand-Reid Presents at UNLV Colloquium
Professor Beth Burkstrand-Reid presented her research on media portrayal of stay-at-home fathers and its impact on work-family balance law at the Multidimensional Masculinities and Legal Theory colloquium hosted by the Williams S. Boyd School of Law at the University of Nevada Las Vegas on February 18 and 19, 2011.
Professor Ruser Alum & Professor Collaborate on Study
Greg McLawsen ('09) and Professor Kevin Ruser, along with clinical psychology doctoral candidate, Julia McLawsen, collaborated on "Demonstrating Psychological Hardship: A Statistical Study of Psychological Evaluations In Hardship Waivers of Inadmissibility." The article uses statistical analyses of waiver decisions to answer preliminary questions about whether psychological evaluations help waiver applicants demonstrate extreme hardship, and was published in the January 1, 2011, (Volume 16, No.1) of Bender's Immigration Bulletin.
Professor Blankley Blankley Article Accepted for Publication
Professor Kristen Blankley's article, Keeping a Secret from Yourself? Confidentiality When the Same Neutral Serves Both as Mediator and as Arbitrator in the Same Case," was accepted for publication in the Baylor Law Review. The article examines the hybrid mediation-arbitration process (known as "med-arb"), particularly in light of mediation confidentiality statutes such as the Uniform Mediation Act.
Professor Beard Professor Jack M. Beard To Join Faculty
Jack M. Beard, a former Associate Deputy General Counsel (International Affairs) of the Department of Defense, will join the faculty of the University of Nebraska College of Law in the fall 2011 semester, and will lend his expertise to the Space & Telecommunications Law LL.M. Program. As the Associate Deputy General Counsel (International Affairs) of the Department of Defense (DoD), Professor Beard was responsible for a variety of legal issues, including those related to arms control and programs assisting states of the former Soviet Union in the dismantlement of weapons of mass destruction and other nonproliferation activities.
Professor Potuto Potuto Comments on Increase in NCAA Infractions
Professor Josephine R. Potuto was quoted in the February 7, 2011, article, "Bad Apples or More?" on InsideHigherEd.com. In the article, Potuto discusses her perceptions regarding the increase in major NCAA rules infractions by major football programs over the last decade.
Professor Medill Medill Publishes In Michigan Journal of Law Reform
Professor Colleen Medill has published The Federal Common Law of Vicarious Fiduciary Liability Under ERISA in the MICHIGAN JOURNAL OF LAW REFORM. The article explores the theoretical, policy, statutory and stare decisis grounds for applying respondeat superior liability principles to fiduciaries under the Employee Retirement Income Secruity Act of f1974.
Professor Berger Berger Presents Paper at Georgia State University College of Law
Professor Eric Berger presented his paper, "Judicial Deference, Individual Rights, and Administrative Law Norms in Constitutional Decision Making," on January 31, 2011, at the Georgia State University College of Law.
Professor Burkstrand-Reid Burkstrand-Reid's Work To Appear Alongside Ginsburg Address
Professor Beth Burkstrand-Reid's writing on work-family balance will appear in the Seattle University Law Review alongside an address by U.S. Supreme Court Justice Ruth Bader Ginsburg. The issue is colloquy on Reshaping the Work-Family Debate: Why Men and Class Matter, a new book written by renowned work-family balance scholar Joan Williams. Burkstrand-Reid's contribution, called "Opt-Out" Moms and "Trophy Husbands" focuses on the work-family balance pressures that push men and women out of the paid work force and the legal reforms needed to address this problem. The issue includes a reprint of Justice Ginsburg's 1978 address Women at the Barâ�"A Generation of Change and a new preface to that address in which Justice Ginsburg comments on the advances of women and the progress still needed on gender-related issues.
Professor Gardner Gardner's Article Accepted for Publication
Professor Martin Gardner's article, "Strip Searching Students: The Supreme Court's Latest Failure to Articulate a 'Sufficiently Clear' State of Fourth Amendment Law," has been accepted for publication in the Mississippi Law Journal. The article examines the Supreme Court's latest school search and seizure case assessing the constitutionality of strip searches of students by school officials. The article establishes that the Court has failed to provide a workable standard for determining the legality of strip searches under the Fourth Amendment.
Professor Berger Berger Comments on NPR
Professor Eric Berger was a guest on NPR's "All Things Considered" on Tuesday, January 25, 2010, talking about Nebraska's lethal injection procedure. Listen to his comments here.
Professor Medill Medill To Author "Developing Professional Skills" Series.
Professor Colleen Medill is the creator and series editor for a new series of books designed to teach professional skills to law students. The new book series, which will be published by West, is entitled Developing Professional Skills. The first book in the series, Developing Professional Skills: Property, will be written by Professor Medill and published in the fall of 2011. Other books in the series will be designed to teach professional skills to students in Contracts, Torts, Civil Procedure, Criminal Law, Individual Income Tax, Corporations, Wills, Trusts and Estates, Real Estate Transactions and Finance, Employment/Employment Discrimination Law, Family Law, Criminal Procedure, and Intellectual Property. Each book will contain ten chapters that are designed to teach four basic skills (client counseling, legal drafting, negotiation and advocacy). The chapter exercises also will incorporate professional responsibility concepts and issues within the context of the exercise. Each book will contain a common cast of characters so that chapters on specific skills can be combined across subject areas using West's Law School Exchange feature to create customized course materials for skills training courses on client counseling, legal drafting, negotiation and advocacy.
Professor Ammori Ammori Comments on Olbermann's Exit in NY Times
Professor Marvin Ammori was quoted in the January 22, 2011, on-line edition of the New York Times regarding the ouster of Keith Olbermann by NBC, on the verge of its merger with Comcast. Read the article and Ammori's thoughts on the subject here.
Professor Bradford Bradford Publishes Spring 2011 Edition of Digital Securities Law
Professor Steve Bradford has published the Spring 2011 edition of his statutory supplement, Digital Securities Law: Statutes and Regulations. This latest version can be found here.
Professor Shavers Shavers Delivers Keynote
Associate dean and professor Anna Shavers delivered the keynote address for UNL's observance of the Martin Luther King Jr. national holiday. The address, "Dream Deferred," was delivered during the Chancellor's Program and addressed the current struggles for educational equality, immigration, health care reform, and racial equality.
Professor Medill Medill Elected to AALS Leadership Positions
Professor Colleen Medill was elected to leadership positions in three different section at the Annual Meeting of the Annual Meeting of the Association of American Law Schools, which was held January 5-9 in San Francisco. Professor Medill was elected as a member of the Executive Committee for the Section on Property and the Section on Women in Legal Education, and was re-elected as an Executive Committee member for the Section on Employee Benefits Law. Professor Medill also will continue as the Chair of the Mentoring Committee for the Section on Women in Legal Education.
Professor Zellmer Zellmer Speaks At AALS Meeting
Professor Sandi Zellmer spoke on January 5, 2011, at the AALS Annual Meeting about Changing Conceptions of Water in Law. Zellmer's paper on the same topic will be published in the Marquette Law Review.
Professor Shavers Shavers Appointed to AALS Committee
Professor Anna Shavers has been appointed to the AALS Committee on Academic Freedom and Tenure, and attended her first meeting of the committee at the AALS annual meeting. The committee has been charged with the responsibility of reviewing the rules of procedure for submissions to the committee.
Professor Gardner Professor Martin Gardner's article, "The Right to Be Free From Uncounseled Interrogation: A Sixth Amendment Doctrine in Search of a Rationale," 63 Baylor L. Rev. ____ (2011,) has been accepted for publication by the Baylor Law Review. The article assesses the Supreme Court's recent recognition of a Sixth Amendment right to be free from governmental interrogation without counsel after adversarial proceedings have been initiated. The article's analysis demonstrates that the Court's position is unsupported by any underlying Sixth Amendment value and thus should be rejected.
Professor Burkstrand-Reid Burkstrand-Reid To Speak at AALS Mid-Year Meeting
Professor Beth Burkstrand-Reid will present her research on stay-at-home fathers as part of the workshop on "Women Rethinking Equality" at the June 2011 American Association of Law Schools Mid-Year meeting. The research focuses on the impact masculinity has on law and policy impacting families.
2010
Professor Steve Schmidt Steve Schmidt received the Warren K. Urbom Mentor Award from the Robert Van Pelt American Inn of Court.
Professor Steve Willborn At the 2010 annual meeting of the Law School Admission Council (LSAC), Professor Steven Willborn was named Chair-elect of the organization's Board of Trustees. He will serve as Chair from 2011 to 2013. More...
Professor Sandra Zellmer Sandra Zellmer conducted a wilderness law training session for four federal agencies (the National Forest Service, Park Service, Fish and Wildlife Service, and Bureau of Land Management) at the Carhart National Wilderness Center in Missoula, Montana, this summer. She has also been invited to speak on wilderness law and managing "natural" landscapes at George Washington University's National Law Center this fall.
Professor Richard Leiter Professor and Law Library Director Richard Leiter addressed the Annual Conference of Ninth Circuit Law Libraries in Tucson, AZ, May 11, 2010. The title of the talk was, "The Art of Social Networking: Understanding the digital consciousness," about how to use digital communication tools for library development.
Professor Richard Moberly Richard Moberly Professor Richard Moberly has teamed up with Northwestern and Notre Dame law school faculty members Robert Burns, Steven Lubet and James Seckinger, to publish new editions of two textbooks: Evidence in Context and Problems and Materials in Evidence and Trial Advocacy. These evidence and trial advocacy books are used in law schools across the country and provide material for learning evidence and trial advocacy skills within the context of mock civil and criminal cases.
Professor Marvin Ammori Professor Eric Berger Professors Marvin Ammori and Eric Berger announced a new series of podcasts produced by the Law College's American Constitution Society, featuring interviews about current legal topics with great legal minds. Follow this link to their announcement on Balkinization: http://balkin.blogspot.com/2010/07/law-podcast-series-american.html.
Professor Kristen Blankley Assistant Professor Kristen Blankley has been selected to sing the National Anthem for a Lincoln Saltdogs game. Cheer on Professor Blankley and the Saltdogs on Friday, July 23, 2010, at 7:00 at Haymarket Park.
Professor Frans von der Dunk Professor Frans von der Dunk has been invited by the Beihang Aviation University of Beijing, China, to give two guest lectures and a seminar on space law issues - European space law and policy developments; legal issues surrounding the use of satellites for navigation purposes; and, the status of outer space and military use of outer space on August 6-7, 2010. Beihang University is the most specialized academic institution in China dealing with aerospace law, and is closely tied to the state's aerospace authorities and industry. It has also indicated its interest in establishing a closer relationship with the Nebraska Law Space & Telecommunications LL.M. program, in terms of exchanging teaching staff, researchers and students.
Professor Marvin Ammori Professor Marvin Ammori was a contributor for the August 10, 2010 edition of the New York Times. In the "Room for Debate" section, Ammori provided commentary on the topic "Who Gets Priority on the Web?" To read Professor Ammori's post, visit http://www.nytimes.com/roomfordebate/2010/8/9/who-gets-priority-on-the-web/regulate-todays-rockefellers.
Professor Brian Striman Brian D. Striman, Professor of Law Library and Head of Technical Services at Nebraska Law, was recently honored as the recipient of the Volunteer Service Award by the American Association of Law Libraries. Striman was selected due to his sustained and dedicated service in presenting a variety of education programs, and his leadership contributions in the Mid-America Association of Law Libraries, as well as within the Technical Services Special Interest Section, including his commitment to the quality of the "Technical Services Law Librarian," as editor-in-chief of that publication.
Professor Richard Leiter The Computing Services Special Interest Section of the American Association of Law Libraries recently announced that Professor Richard Leiter is this year's winner of the Kenneth J. Hirsh Award. The award honors a CS-SIS member who has made outstanding contributions to the SIS, to AALL, and who is well regarded for his or her service to the profession. Leiter is currently Director of the Schmid Law Library and Professor of Law at Nebraska Law, and has a long history with CS-SIS, serving as president when it was Automation and Scientific Development SIS and as the editor of the SIS's Automatome Newsletter. He also is host of CALI's "Law Librarian Conversations" podcast. Rich chaired the LLJ and AALL Spectrum Committee and is currently Vice President of the Mid-America Association of Law Libraries. In addition, he has been writing the "Database Report" for Legal Information Alert and won the Joseph L. Andrews Bibliographical Award for his book National Survey of State Laws. Rich is also the co-founder with Roy Mersky of the Spirit of Law Librarianship Award and co-author of both editions of the book, Spirit of Law Librarianship.
Professor Stefanie Pearlman Professor Stefanie Pearlman was recently elected as the 2010-2011 Vice President/President-Elect of the Mid America Association of Law Libraries (MAALL). MAALL is an official chapter of the American Association of Law Libraries, and includes members from academic, court and law firm libraries in Arkansas, Illinois, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma and South Dakota.
Professor Rick Duncan Medill Published in the Michigan Journal of Law Reform. Professor Colleen Medill's article, The Federal Common Law of Vicarious Fiduciary Liability Under ERISA, has been accepted for publication by the Michigan Journal of Law Reform. More...
Professor Rick Duncan Duncan to Participate in Debate Professor Rick Duncan will visit the University of Miami School of Law on September 14 to participate in a debate on "The Ground Zero Mosque and Religious Liberty." Duncan is an internationally-recognized scholar on religious liberty under the First Amendment.
Professor Rick Duncan Prof. Rick Duncan has published the lead article in the South Dakota Law Review's Symposium issue on the law of religious liberty. Duncan's article, The "Clearest Command" of the Establishment Clause: Denominational Preferences, Religious Liberty, and Public Scholarships That Classify Religions, appears at 55 South Dakota Law Review 390 (2010). A version of the article can be found here.
Professor Anna Shavers Professor Anna Shavers will receive a Tribute to Women Award from the YWCA of Lincoln on Thursday, September 9th. Prof. Shavers was nominated for the award by two former students for her extensive work to eliminate racism and empower women through education. In addition to teaching several courses at Nebraska Law, Professor Shavers also serves as the co-advisor of the Multi-Cultural Legal Society and the Black Law Students Association. The MCLS "seeks to foster the unity, academic development, social and political consciousness and vitality of minority students at the College" and increasing the representation of minorities in the legal profession. The BLSA seeks to address and promote the professional goals of black law students. Professor Shavers also serves on the Minority Justice Committee that seeks to eliminate ethnic and racial bias within the judicial system of the State of Nebraska and make the courts accessible to people from all cultures and Professor Shavers currently serves as a Board Member of the Midwestern People of Color Legal Scholarship Conference, Inc..
Professor Moberly Professor Richard Moberly's article, "The Supreme Court's Anti-Retaliation Principle," has been accepted for publication by the Case Western Law Review. The Article examines fifty years of Supreme Court employment retaliation cases and finds a consistent Principle that explains the Court's retaliation jurisprudence and provides a reasoned and consistent standard against which it can be evaluated. The Article also discusses how the Court's use of the Principle can offer guidance for the way courts ought to approach the issue of employer retaliation in the future.
The article will appear in Volume 61 of the publication in January 2011.
Professor Burkstrand-Reid Professor Beth Burkstrand-Reid was selected to participate in a colloquy on "Reshaping the Work-Family Debate: Why Men and Class Matter" by Joan Williams. The book will be released by the Harvard University Press this year, and reinvigorates the work-family debate while addressing gender bias and class issues pervading the American workplace. The Seattle University Law Review is publishing pieces in reaction to and inspired by themes presented in the book in a colloquy issue. In addition, Professor Williams will write a piece that engages with these responses. Professor Burkstrand-Reid was one of the experts in the field selected to contribute to the discussion. Her yet untitled work will focus on the work of men who serve as primary caretakers.
Professor Moberly Lepard To Participate in E.N. Thompson Forum. Nebraska Law's Professor Brian Lepard will deliver the E.N. Thompson Forum pre-event lecture on September 30. Lepard will speak in the Steinhardt Room of the Lied Center for Performing Arts at 6:30 p.m. His lecture will precede the E.N. Thompson Forum guest lecture by E. Benjamin Skinner at the Lied Center at 7:00 pm. Lepard's lecture will focus on the theme: "Combating Human Trafficking: A New Challenge for International Law." The lecture and the E.N. Thompson Forum are free and open to the public.
Professor Duncan On September 27, 2010, Prof. Rick Duncan will participate in a faculty debate on "Liberty and the Establishment Clause" at the University of Nevada Las Vegas School of Law. Duncan, an internationally-recognized expert on the Religion Clause of the First Amendment, will defend the position that under the judicially-created endorsement test the Establishment Clause is often enforced by courts in a way that restricts the liberty of people of faith without protecting any actual liberty interest of those who are offended by religious displays in the public square.
Professor Duncan On September 30, 2010, Prof. Rick Duncan will participate in a faculty debate on "The Tenth Amendment and the State Sovereignty Movement" at the University of Tulsa College of Law. Duncan, the Sherman S. Welpton, Jr. Professor of Constitutional Law, will argue in favor of a strong and robust Tenth Amendment, one that, properly understood, reserves a great deal of power to the states and the People.
Professor Shavers Associate Dean and the Cline Williams Professor of Citizenship Law Anna W. Shavers has recently received two appointments that will allow her to further pursue her interests in providing equal justice and equal access to the legal profession. Governor Dave Heineman has appointed Shavers as a representative of the Nebraska State Bar to the Racial Profiling Advisory Committee of the Nebraska Crime Commission. In addition, she has been appointed to serve as a liaison to the American Bar Association's Council for Racial and Ethnic Diversity in the Educational Pipeline. A primary goal of the Council is to provide support for and information on programs that encourage students of color to consider and prepare for legal careers.
Professor Berger Professor Eric Berger will present at a Junior Faculty Workshop at Washington University in St. Louis on Friday, October 1, 2010. Berger's presentation will be on his paper is entitled "Individual Rights, Governmental Discretion, and Administrative Law Norms in Constitutional Decisionmaking."
Professor Ammori Professor Ammori recently commented in the popular press on several areas of his expertise. In the Boston Review, he published a response to Harvard Law Professor Lawrence Lessig's arguments on "institutional corruption" in politics. Prof. Ammori discussed the relation between First Amendment scrutiny and the resulting, but flawed, constitutional protection for business activity and property rights. In addition, two Washington Post articles included Prof. Ammori's thoughts on FCC politics, network neutrality, and anticompetitive threats to emerging Internet-based television. On the last topic, the Post referenced and linked to a paper authored by Prof. Ammori earlier this year.
Professor Blankley Professor Kristen Blankley has been invited to speak at the 4th Annual AALS Section of Dispute Resolution Works-in-Progress conference being held at the University of Oregon, College of Law on October 15-16, 2010. She will be presenting a work on the hybrid procedure of mediation/arbitration called "Can You Keep A Secret? Confidentiality in Same-Neutral Med-Arb."
Professor Blankley Professor Ammori recently commented in the popular press on several areas of his expertise.
In the Boston Review, he published a response to Harvard Law Professor Lawrence Lessig's arguments on "institutional corruption" in politics. Prof. Ammori discussed the relation between First Amendment scrutiny and the resulting, but flawed, constitutional protection for business activity and property rights. In addition, two Washington Post articles included Prof. Ammori's thoughts on FCC politics, network neutrality, and anticompetitive threats to emerging Internet-based television. On the last topic, the Post referenced and linked to a paper authored by Prof. Ammori earlier this year.
Professor Burkstrand-Reid Professor Beth Burkstrand-Reid has been invited to contribute to the University of Missouri Kansas City Law Review symposium on Global Issues in Family Law. Her work, "The More Things Change�: Abortion Politics & The Regulation of Assisted Reproductive Technology," discusses the possibility that abortion politics and policy will govern the future regulation of assisted reproductive technologies. It also comments on the work of prominent scholars in this area. It will be published in December 2010.
Professor Burkstrand-Reid Assistant Professor Anthony Schutz won the American Agricultural Law Association's 2010 Professional Scholarship Award for his paper entitled, Grassland Governance and Common-Interest Communities, 2 Sustainability 2320 (2010), available at http://www.mdpi.com/2071-1050/2/7/2320/. The paper provides insights and legal analysis for how private ranches on the plains can work together to provide many of the same benefits public lands provide, while maintaining private property rights, the ranching heritage and livestock production. His work provides a private property rights response to the so-called "Buffalo Commons." Professor Schutz will present on the same subject for the Grasslands Foundation's annual Grassland Conservation and Sustainable Communities lecture on October 27th at the Great Plains Art Museum. Information about the event can be found at this link.
Professor Schutz Professor Eric Berger was awarded the C.A. Sorenson Award by the Nebraskans Against the Death Penalty on October 8, 2010. Berger was selected for the award as a result of his scholarship and work related to death penalty issues, including his work challenging the constitutionality of Missouri's lethal injection procedure in Taylor v. Crawford; his work in Hill v. McDonough, a U.S. Supreme Court case about whether challenges to state lethal injection procedures can be brought under 42 USC section 1983; his numerous articles on the death penalty, including pieces in the L.A. Times, Yale Law and Policy Review, Nebraska Law Review Bulletin, and Washington University Law Review; and, his testimony before the Nebraska Unicameral's Judiciary Committee on LB 36, which proposed lethal injection as Nebraska's new method of execution.
Professor Schutz Zellmer Discusses Water Quality, Mud & Missouri River at 2 Conferences Professor Sandi Zellmer served as a panelist at the American Ag Law Assc. conference on Oct. 8, where she discussed water quality, mud, and the Missouri River, describing her work on a report recently issued by the National Academy of Sciences Press, entitled Missouri River Planning, available at http://www.nap.edu/catalog.php?record_id=13019. Zellmer was one of a thirteen-member committee appointed to study the role of sediment management on endangered species and river restoration activities for the National Research Council. At the Nebraska Water Law Conference on Oct. 6, Professor Zellmer considered the issue "Is Water Property?" Her answer: "It depends." You can read more from her article Unbundling Property in Water at http://digitalcommons.unl.edu/lawfacpub/11/. She has been invited to explore this topic at the American Association of Law Schools Annual Conference in San Francisco in January 2011.
Professor Schutz Dooling Invited to Discuss Neuro-Ethical Dilemmas The University of Pennsylvania Center For Neuroscience & Society has invited Richard Dooling to give a presentation to the University's Law & Brain Student Group on March 17th, 2011. Professor Dooling will discuss his novel Brain Storm, which dramatizes several legal and neuro-ethical dilemmas and his nonfiction work Rapture For The Geeks: When AI Outsmarts IQ, which also features a chapter on neuroscience and computers. The title of Professor Dooling's talk will be: "Clever Apes, New Mysterians, Folk Psychologists, Computational Brains: Is The Mind Anything More Than The Brain? Part 2." Brain Storm was a New York Times Notable Book of the Year in 1998.
Professor Schutz Professor Eric Berger's most recent article, In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decision Making, 88 Wash. U. L. Rev. 1 (2010), was published as the lead article in the newest volume of the Washington University Law Review. The article can be found at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1616752.
Professor von der Dunk Professor Frans von der Dunk gave three guest lectures as part of the Doctorate program at the Faculty of Law of the University of Padua, Italy, on October 28, on the legal aspects of international and regional cooperation in space activities, and commercial space activities. The University of Padua is the third- oldest University in the world, dating back to 1222.
Professor Ammori Professor Marvin Ammori commented for the Washington Post on Monday, November 1, regarding the battle brewing over the future of television and, more specifically, internet television. Visit here to see what Ammori had to say.
Professor Lepard Professor Brian Lepard will deliver a lecture on Thursday, November 18th, at 7:00 p.m. at the Nebraska Union on the theme: "Rescuing Human Rights: The Impact of Globalization on International Human Rights Law." The lecture is part of the Nebraska Colloquium Lecture Series, and will be given as part of the Honors Forum for students in the UNL Honors Program, as well as members of the University community and members of the general public. These lectures relate to the theme of the E.N. Thompson Forum this year - "Globalization's Promise."
Professor Medill Professor Colleen Medill has been invited to speak on ERISA at the Byrne Judicial Clerkship Institute for current clerks, law students, and graduates entering federal clerkships. The Institute will take place March 17-19, 2011 at Pepperdine University School of Law.
Professor Potuto Professor Josephine Potuto talked about the challenges of being a faculty representative at a big-time college-sports program in a podcast for The Chronicle of Higher Education. Potuto also talks about how sports have taken a greater role in her academic research. Listen to Professor Potuto's comments here.
Professor Kirst Professor Roger Kirst presented at the Nebraska Criminal Defense Attorneys Association's conference entitled "Scientific Evidence for the Defense: DNA and Beyond" on the latest confrontation clause rules for lab reports and expert testimony.
Professor Richard Moberly Professor Richard Moberly has been invited to speak at the International Whistleblowing Research Conference at Middlesex University in London, which will take place on June 23 & 24, 2011. Professor Moberly will speak on the results of his empirical research regarding anti-retaliation provisions in corporate codes of conduct.
Professor Beth Burkstrand-Reid Burkstrand-Reid To Present at UNLV Colloquium. Professor Beth Burkstrand-Reid will present her research on media portrayal of stay-at-home fathers and its impact on work-family balance law at the Multidimensional Masculinities and Legal Theory, a colloquium which will take place February 18-19, 2011 at the Williams S. Boyd School of Law at the University of Nevada Las Vegas. "
Professor Marvin Ammori Professor Marvin Ammori participated in The New York Times Room for Debate regarding on-line privacy on December 2. Read Ammori's position on the issue here. Professor Ammori also provided commentary for the December 1st edition of The Huffington Post on net neutrality. In his article, "FCC Chair Proposes Garbage, Calls It Net Neutrality," Ammori sets forth reasons that the FCC Chairman's proposal on net neutrality fails to meet President Obama's campaign promises on net neutrality. Read Ammori's commentary here.
Professor Josephine Potuto Professor Josephine Potuto provided her opinion in the Campus Rivalry section of the December 3, 2010 edition of USA TODAY on the NCAA's decision regarding the eligibility of Auburn quarterback Cam Newton. Read whether she would have made the same decision here.
Professor Kirsten Blankley Professor Kristen Blankley has been invited to speak at the ABA Section of Dispute Resolution's Annual Spring Conference in Denver, Colorado on April 14-16. Professor Blankley is organizing a panel discussion on recent developments in arbitration case law, together with panelists Sarah R. Cole of The Ohio State University, Moritz College of Law, Maureen Weston of Pepperdine University School of Law, and James Madison, arbitrator and mediator from Menlo Park, California. Professor Blankley's proposal was one of the ninety selected from a pool of more than 250 proposals submitted.
Professor Marvin Ammori Professor Marvin Ammori appeared on Countdown with Keith Olbermann on December 20, 2010, to provide comment and analysis of the FCC's latest net neutrality proposal. Watch the segment here.
Professor Colleen Medill Professor Colleen Medill has published the Third Edition of "Introduction to Employee Benefits Law: Policy and Practice" (West 2010.). With regard to group health plans, the Third Edition contains complete coverage of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010. With regard to pension plans, the Third Edition incorporates changes made by the Worker, Retiree and Employer Recovery Act of 2008 an the American Recovery and Reinvestment Act of 2009. The Third Edition also includes coverage of the most recent Supreme Court decisions and the latest developments in ERISA litigation and preemption of state laws.