Harvey and Susan Perlman Alumni Professor of Law
Biography
Professor Perlman received his B.A. in History in 1963 from the University of Nebraska-Lincoln and his J.D. degree from the College of Law in 1966. He served as a Bigelow Fellow at the University of Chicago from 1966-67 before returning to the College as an Assistant Professor of Law in 1967. He joined the law faculty at the University of Virginia Law School in 1974. He returned to the College to become its Dean in 1983 and served until 1998. He was Acting Senior Vice Chancellor of UNL in 1995-1996. He returned to the College faculty in 1998, was appointed Interim Chancellor of UNL in 2000 and became the 19th Chancellor of the University of Nebraska-Lincoln in 2001. He stepped down as Chancellor in 2016 and returned to his faculty position in the College of Law. He was selected as a member of the governing Council of the American Law Institute in 1997 and continues to serve as a Council Member emeritus. He also is a life-member of the Uniform Law Commission.
Professor Perlman was co-reporter, with Professor Robert Denicola, of the American Law Institute’s Restatement of Unfair Competition (1996). He published several editions of a casebook on unfair competition and intellectual property law with Professor Edmund Kitch of the University of Virginia. He is also the author of numerous law articles.
As Chancellor he was instrumental in securing Nebraska’s membership in the Big Ten Conference and also moving the Nebraska State Fair to Grand Island in order for the University to establish Nebraska Innovation Campus on the Fair’s former property.
During his tenure as Chancellor, he was Chairman of the Board of Directors of the Bowl Championship Series and the College Football Playoff and served on the Board of Directors of the NCAA.
He and his wife, Susan, have two married daughters and six grandchildren. Among them there are 7 Bachelor degrees from UNL, 3 JDs, an MD, and a Masters in Architecture, all from the University of Nebraska.
Articles
- Taking the Protection-Access Tradeoff Seriously, 53 Vand. L. Rev. 1831 (2000).
- Thoughts on the Role of Legislation in Tort Cases, 36 Willamette L. Rev.813 (2000).
- General Principles, 10 Kan. J. Law & Pub. Policy 8 (2000).
- The Restatement Process, 10 Kan. J. Law & Pub Policy 2 (2000).
- Delaware and the Restatement (Third) of Torts: Products Liability, 2 Delaware L. Rev. 179 (1999).
- Section 3's Circumstantial Evidence Rule: Can It Cure the Defects in Section 2? in Symposium, Restatement (Third) of Torts: Products Liability: Is it a Reasonably Safe Product?, 8 Kan. J. Law & Pub. Policy 99 (1998).
- Protection for Works of Authorship Through the Law of Unfair Competition: Right of Publicity and Common Law Copyright Reconsidered, 42 St. Louis U. L. J. 363 (1998) (with Melville).
- Foreword to the Symposium on the Restatement of Unfair Competition, 47 S. Car. L. Rev. 1 (1996) (with Denicola).
- Judicial Ethics: Searching for Consensus, 66 Neb. L. Rev. 413 (1987).
- Product Liability Reform in Congress: An Issue of Federalism, 48 Ohio St. L. R. 503 (1987).
- Pattern Jury Instructions: The Application of Social Science Research, 65 Neb. L. Rev. 520 (1986).
- Interference with Contract and Other Economic Expectancies: A Clash of Tort and Contract Doctrine, 49 U. Chi. L. Rev. 61 (1982).
- Implementing An Equitable Sentencing System: The Uniform Law Commissioners' Model Sentencing and Corrections Act, 65 Va. L. Rev. 1175 (1979).
- The Uniform Law Commissioners' Model Sentencing and Corrections Act: An Overview, 58 Neb. L. Rev. 925 (1979) (with Potuto).
- Standards Relating to the Legal Status of Prisoners, 14 Amer. Crim. L. Rev. 377 (1977) (co reporter).
- Williams and Wilkins Co. v. United States: Photocopying, Copyright, and the Judicial Process, 1975 Supreme Court Review 355 (with Rhinelander).
- Remarks on impact of casebooks related to torts on the first year tort's course, delivered before the Torts Round table at the Annual Meeting of the Association of American Law Schools, Dec. 30, 1972. Published: 42 U. Cinn. L. Rev. 427 (1973).
- The Right to Privacy in Nebraska: A Re examination, 45 Neb. L. Rev. 728 (1966).
- The Nebraska Condominium Property Act, 44 Neb. L. Rev. 658 (1965).
Books
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents(with Edmund Kitch) (Fifth Edition, retitled Intellectual Property and Unfair Competition 1998 with statutory supplement)
- American Law Institutes' Restatement (Third) of the Law of Unfair Competition (1995) (and Tentative Drafts 1-4 approved by the Institute in May, 1993) (co-reporter).
- Uniform Commissioners' Uniform Correction and Clarification of Defamation Act (1993) (Drafting Committee Chair).
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents (with Edmund Kitch) (Revised Fourth Edition 1991 with annual case and statutory supplements)
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents(with Edmund Kitch) (Fourth Edition 1989)
- Report of the American Bar Association Commission to Improve the Liability Insurance System (1989) (co-reporter).
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents (with Edmund Kitch) (Third Edition 1986 with statutory supplement)
- Federal Criminal Jury Instructions (3 Vols) (with Saltzburg) (Miche Publishing Co. 1985).
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents(with Edmund Kitch) (Second Edition 1979 with case supplements)
- Uniform Commissioners' Model Sentencing and Corrections Act (1978) (co reporter).
- Legal Issues in Addict Diversion: A Technical Analysis (with Jaszi) published jointly by the Drug Abuse Council, Inc. and The American Bar Association on Correctional Facilities and Services (Lexington Press 1976).
- Legal Regulation of the Competitive Process, Cases, Materials and Notes on Unfair Business Practices, Trademarks, Copyrights, and Patents(with Edmund Kitch) (Foundation Press 1972)
- The Tasks of Penology: A Symposium on Prisons and Correctional Law, U. of Nebr. Press, 1969. (Edited)
Presentations
- Supplemental Materials on Basic Elements and Legal Obligations, ALI, Restatement of Torts: General Principles (Third), Preliminary Draft No. 2 (May 10, 2000).
- “A Question of Balance: Private Rights and the Public Interest in Scientific and Technical Databases.” Report of Committee for a Study on Promoting Access to Scientific and Technical Data for the Public Interest of the Commission on Physical Sciences, Mathematics, and Applications of the National Research Council (1999). (Member of committee).
- Presenter: “Access Issues in Unfair Competition”. Association of American Law Schools, Workshop on Intellectual Property, San Francisco, CA, March 11-13, 1999.
- Presenter: “Exploiting the Law Library”. Emerging Partnerships In Technology Training: Academic, Private and Public Interest in Harmony, 1998 Annual Meeting of the Association of American Law Libraries, Anaheim, California, July 13, 1998.
- Presenter, "Vindication or Retraction in Lieu of Damages: The Uniform Defamation Act". Defamation in Transition: International Comparisons in a Globalizing Era, Macquarie University Symposium, Sydney, Australia, March 12-13, 1994.
- "Hot Issues Debate -- Trade Dress Protection after Two Pesos" -- Before the International Trademark Association, Naples, Florida, November 18, 1993.
- "The Restatement (Third) of Unfair Competition: Directions for Corporations" -- Presented at the Sixth Annual Symposium on Intellectual Property Law and the Corporate Client sponsored by The Corporate Counsel Center of Northwestern University School of Law, September 29, 1993.
- "The Views of the Restatement (3rd) of Unfair Competition on Trademark Law" -- Presented at the 1991 Intellectual Property Law Institute, Cincinnati Intellectual Property Law Association, June 6, 1991.
- 1990 Boal Memorial Lecture, United States Trademark Association Brand Name Education Foundation, March 8, 1990.
- "Agreements Not-to-Compete/ Trade Secrets" -- Presented at Seminar on Employment Law, University of Nebraska College of Law, 1987.
- "Products Liability Reform--The Role of Congress" -- Presentation for the Mini-Workshop on the Tort Crisis sponsored by the Association of American Law Schools at its annual meeting, January 3, 1987.
- "Recent Developments in Trademark Law" -- Presented to the Annual Meeting of the Iowa Patent Bar Association, Des Moines, IA, October 17, 1986.
- "Annual Review of Nebraska Tort Law" -- Presented annually at "Recent Developments" Seminar sponsored by the Young Lawyers Section of the Nebraska State Bar Association, since 1986.
- "Trademark Licensing" Presented at "Changes in Intellectual Property Law in the Eighties" sponsored by the American Bar Association Section of Patent, Trademark and Copyright Law, April 10 11, 1986.
- Forward to Nebraska Symposium on Motivation, The Law as a Behavioral Instrument, 1985.
- "Sentencing -- Procedural Protections" Entry in Encyclopedia of Crime and Justice (Free Press, 1983).
- Forward to Sales, Improving Jury Instructions (with Saltzburg) (Miche/Bobbs Merrill, 1982).
- Incarcerated Parents and Their Children The Uniform Law Commissioners' Model Sentencing and Corrections Act, Paper presented to the Conference on Incarcerated Parents and Their Children, Oct. 16 17, 1979.
- "Sentencing System Ineffective and Disparate," Dicta, 30 Va. L. Weekly No. 15 (Feb. 17, 1978).
- "Legal Issues in Addict Diversion: A Layman's Guide" published jointly by the Drug Abuse Council, Inc. and the American Bar Association on Correctional Facilities and Services (1974).
- "Legal Responsibility and Authority of Correctional Officers" published jointly by the American Bar Association Resource Center and the American Correctional Association as a training manual for correctional line officers (1974).
- "Should There Be Appellate Review of the Continuing Court Jurisdiction Over Sentences?", delivered at the National Criminal Justice Conference, Washington, D.C., January 25, 1973 and included in the proceedings to that Conference.
- "Legislating for Correctional Line Officer Education and Training," submitted to American Association of Community and Junior Colleges and American Bar Association Resource Center. Published in pamphlet form, 1973.
- "Recommendations for Implementation and Correctional Code Reform," reprinted in Compendium of Model Correctional Legislation and Standards, ABA and Council of State Governments, 1972.
- "Pre trial Detention," a paper submitted to the Task Force on Corrections of the National Advisory Commission on Criminal Justice Standards and Goals and included in the Task Force Report, 1973.
- "Statutory Framework for Correctional Reform," a paper submitted to the Task Force on Corrections of the National Advisory Commission on Criminal Justice Standards and Goals and included in the Task Force Report, 1973.
- A Handbook for Correctional Law Reform with Professor Wallace Rudolph, 1971. The Handbook, some 600 pages in length, analyzes the prison and parole laws of the fifty states.
- Liability and ... Liability Insurance for Farmers, University of Nebraska Extension Circular S.B. 489 (1966).
- Governmental taking of farm lands for Highway Purposes, University of Nebraska Extension Circular E.C. 65 830 (1965).
- Nebraska fence laws, University of Nebraska Extension Circular E.C. 65 829 (1965).
- NEBRASKA . . . A Fusion of Theory and Practice, 10 Student Lawyer No. 4 at 15 (Apr. 1965).
Other
- Member, Committee for a Study on Promoting Access to Scientific and Technical Data for the Public Interest of the National Research Council Commission on Physical Sciences, Mathematics, and Applications, 1998-2000
- Member, Board of Directors, Nebraska Art Association, 1998-2001
- Co-Reporter, American Law Institute, Restatement (Third) of Torts: General Principles, 1999
- Vice President, National Conference of Commissioners on Uniform State Laws, 1999-2001
- Chair, Nebraska Bioethics Advisory Committee, 1999-2001
- Chair, Board of Directors, Big 12 Athletics Conference, 2006-2008
- Presidential Oversight Committee, Bowl Championship Series, 2002-2011
- Chair, Board of Managers, College Football Playoff Association, 2014-2016
- Board of Directors, NCAA Division 1, 2008-2011
- Board of Directors, Big Ten Athletic Conference, 2012-2016
- Nebraska Treatment and Corrections Act of 1969, a comprehensive correctional code for the State of Nebraska.
- Nebraska Probation Administration Act of 1971 establishing a probation system for Nebraska courts.
- Principal drafter of various other pieces of legislation affecting the criminal justice system in Nebraska. These acts were enacted into law in Nebraska: The Nebraska Law Enforcement Training Act, an act establishing the Nebraska Commission on Law Enforcement and Criminal Justice, The Nebraska Criminal Discovery Act, and an act authorizing the setting aside of criminal convictions.
- The Nebraska Community Based Services Act of 1973 which was not enacted into law.
- Virginia Public Trial Act, drafted for Virginia Attorney General Marshall Coleman 1979 80. (not enacted)
- A pre-enactment version of the Nebraska Comparative Fault Act, adopted by the Nebraska Legislature and effective February, 1992.
Education
- J.D., with highest distinction, University of Nebraska, 1966
- B.A. (History), University of Nebraska, 1963
Areas of Expertise
Appointments
- Harvey and Susan Perlman Alumni Professor of Law, 2016
- Chancellor, University of Nebraska 2001-2016
- Interim Chancellor, University of Nebraska 2000-2001
- Dean, University of Nebraska College of Law 1983-1998
- Professor of Law, University of Virginia Law School 1974-1983
- Ida Beam Distinguished Visiting Professor, University of Iowa College of Law 1981-1982
- Professor of Law University of Nebraska College of Law 1967-1974
- Bigelow Fellow, University of Chicago Law School 1966-1967