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Professor Brandon Johnson headshot

Johnson presents at Northeastern University Law School's Junior Scholars Conference

13 Mar 2024    

Professor Brandon Johnson presented a work-in-progress, "Consolidation of Powers" at the Northeastern University Law School's Junior Scholars ConferenceThe paper addresses the ways the Supreme Court has used the language of separation of powers to increase its own role in administrative policymaking.

The conference brought together 100 junior scholars from law schools across the country to engage with their peers in a friendly environment. 

Professor Matt Schaefer headshot

Schaefer's article published in the North Carolina Journal of International Law and Commercial Regulation

13 Mar 2024    

Professor Matt Schaefer's article, Gene-Edited Crops and Food and the Bold Path Forward in U.S. Trade Agreements, has been published in the North Carolina Journal of Inerational Law and Commercial Regulation.

Read the abstract below:

Gene-edited crops and food have the capability to enhance human nutrition, food security and agricultural sustainability. In contrast to GM crops and food, most gene-editing techniques do not leave any foreign or exogenous DNA in the plant (nor in any food products made from the plant). Yet, there is a real risk that gene-edited crops and food will succumb to the negative regulatory treatment and consumer (mis)perceptions that have befallen GM crops and food. Indeed, the EU – the second largest market behind the United States – through court decision has lumped GM and gene-edited crops and food together for the same onerous regulatory treatment. The United States, in contrast, has completed regulatory reform efforts in the past five years that ensure that gene-edited crops will not be subject to restrictive pre-approvals, nor to mandatory labeling. Countries comprising the other roughly 3/5ths of world GDP have taken a variety of approaches. The countries within the Americas, led by Argentina, have largely followed the lead of the US. Approaches in Africa and Asia vary widely and are still in development.

The best strategy for the United States to ensure a favorable gene-edited crop and food regulatory environment, both in terms of approval and labeling, is to establish pro-gene-editing trade deals via new-styled, noncomprehensive trade agreements or issue-specific trade deals on a regional or bilateral basis in major markets in each continent of the globe. There are good candidates in each world region based on a variety of factors, including large market size, currently favorable or “under review” gene-editing policy, and the presence of current ongoing negotiations or prospective negotiations on a regional or bilateral new-style noncomprehensive agreement with the United States. WTO litigation will not be an effective strategy to achieve favorable regulatory treatment of gene-edited crops and food due to the collapse of the WTO Appellate Body. Moreover, even if the WTO dispute settlement system is fixed in the near future, there is always a significant risk of backlash or hardening of positions through use of WTO litigation on such issues. However, the US can use legal arguments indicating the inconsistency of anti-gene-editing approval and labeling measures with WTO commitments in its diplomacy and during negotiations with other countries. Once the United States has established pro-gene-editing entryways in each continent, the United States can seek to expand those pro-gene-editing provisions to broader regional comprehensive deals – when the US elects to re-engage in those efforts – and/or a WTO plurilateral agreement with broad subscription– when the WTO negotiating pillar revives and strengthens. Importantly, the United States should seek bolder provisions in these new agreements than was achieved in the USMCA and the China Phase I trade deal. Specifically, such agreements should pursue provisions on approval and labeling that harmonize roughly around the US approach and/or incorporate a measure of mutual recognition of gene-edited products.

Cassandra Kostal headshot

Kostal, ’24, named NSBA Rise Award recipient

12 Mar 2024    

Cassandra Kostal, ’24, has been named the Nebraska State Bar Association (NSBA) 2024 Rise Award Recipient. The Rise Award is given to a law student from each of Nebraska’s law schools for their exemplary dedication to, and contributions in support of, programs sponsored by the Nebraska Lawyers Foundation throughout their law school career. 

Kostal has engaged in pro bono work throughout her time in law school, beginning in the fall of her 1L year. She has supported the Debtor Defense Project, the Naturalization Clinic hosted by the Nebraska Law Immigration Clinic, and has volunteered more than 300 hours to the Tenant Assistance Project.   

Molly Brummond headshot

Brummond named recipient of Limitless Leadership Award

11 Mar 2024    

Assistant Dean Molly Brummond has been named a recipient of the Ms. JD Limitless Leadership Award in recognition of her outstanding contributions to empowering and advancing women in the legal profession. Brummond exemplifies the three nomination criteria of Professional Excellence and Leadership, Advocacy for Gender Equity, and Community Engagement and Mentorship.

“Molly has spearheaded countless efforts to help women form connections with each other irrespective of whether we are competitors in the legal field,” said Tara Paulson, CEO of Rembolt Ludtke. “Her work has opened up a sweet spot where we can gather, feel heard, be supported, and rise by lifting each other up.”

Using her own experiences as a former practicing woman lawyer, Brummond created and now continues to expand the College’s Women’s Leadership Initiative to help women lawyers develop skills to navigate the practice of law using established leadership techniques. This Initiative includes one-on-one development and coaching sessions, special programming opportunities and regular women’s leadership conferences. Since 2017, more than 1,000 of Nebraska’s female attorneys and business professionals have attended one of the five women’s leadership conferences planned and organized by Brummond.

“Molly is relentless in her pursuit of gender equality in the law – from day one with women law students to being a source of support and encouragement for women equity partners like me,” said Marnie Jensen, partner at Husch Blackwell. “She has worked to study and determine what makes women thrive in our profession and then has presented that research so that we may all take advantage of her work.”

Brummond joined a group of researchers in 2020 to begin examining what it means for women lawyers to thrive in Nebraska, more specifically what it means for them to thrive and succeed in Nebraska’s legal community. The team interviewed lawyers from across Nebraska to hear their stories of thriving. The results have also been used to further develop programming for the Women’s Initiative, general professional development programming for the Nebraska College of Law and the greater Nebraska legal community.

Brummond is a former member of the editorial board for the National Association of Women Lawyer’s Women’s Law Journal. Locally, Brummond currently serves on the boards of directors for ACLU of Nebraska and CEDARS Youth Services, serving both since 2020. She is a former member of the executive committee (past president) and the board of directors for the Food Bank of Lincoln, a past member of the University of Nebraska-Lincoln’s Chancellor’s Commission on the Status of Women, past chair of the Lincoln Young Professionals Group and a past member of the City of Lincoln’s Parks & Recreation Advisory Board. Molly also serves her hometown community by leading leadership development programming for the Boone County Emerging Leaders Academy.

Additional recipients of this year’s awards are:

  • Noorain Khan, Senior Advisor at the Ford Foundation and National Board President of the Girl Scouts of the USA
  • Heather Anderson, Vice President of Original Content and Business Affairs at ESPN and UCLA Law Women LEAD Board Member
  • Lannette Richardson, Law Student at Southern University Law Center and ABA Law Student Division Chair
  • Microsoft, for their deep commitment to advancing gender equity and leadership in DEI initiatives.

Brummond and the other distinguished recipients will be honored at the upcoming Ms. JD Limitless Gala and Awards on April 11, 2024, at the Skirball Cultural Center in Los Angeles, California.

Team members pose with Professor Kristen Blankley at the International ADR Mediation Tournament

Mediation Competition Teams participate in International ADR Mediation Tournament

11 Mar 2024    

Nebraska Law’s Mediation Competition Teams participated in the International ADR Mediation Tournament in Chicago March 7 to March 9, 2024. This competition involved nearly 30 teams from seven countries around the globe.

Nebraska brought two teams of three, plus one alternate, and all students competed. The team members include Chase Stock, Steve Lydick, Murphy Cavanaugh, Ashly Helfrich, Alexandria (Ally) Warneke, Holli Zimmerman, and Scott Smith (l-r). The teams were coached by Professor Kristen Blankley (right).

Warneke won first prize for the attorney/client category on a mixed-school team with a teammate from Loyola Chicago. The team including Cavanaugh, Helfrich, and Lydick placed seventh overall in the mediation category. Additionally, Lydick was named a “Top 10 Mediator” among the more than 80 student competitors.

Clinic staff headshots with College of Law logo

Behind the Scenes with Clinic Staff

11 Mar 2024    

Each month, we give an inside look at the work happening behind the scenes at the College of Law. Clinic staff work closely with students and faculty to assist clients. As the number of clinical opportunities has grown, the clinic team continues to use their knowledge and expertise to facilitate experiential learning and support work that impacts the local community.

Clinic Staff:

Amy Derowitsch, Assistant Paralegal

Terra Garay, Children’s Justice Program Coordinator

Deanna Lubken, Office Supervisor/Paralegal

Sydnee Schuyler, Assistant Paralegal

Kelsey Van Patten, Assistant Paralegal

Q: What does your role at the college entail? What is the most fulfilling part?

AD: I’m an assistant paralegal with the Clinical Programs at the College of Law. I work primarily with the First Amendment Clinic but help support all the programs when needed. The most fulfilling part of my job is knowing that the “behind the scenes” work I do helps students and faculty make a difference in our clients’ lives.

TG: I am the Program Coordinator for the Children’s Justice Clinic and Children’s Justice Attorney Education Program.

DL: I am currently the Office Supervisor/Paralegal in the Clinical Law Programs (CLP). I have worked in the CLP since 1998. In addition to my administrative duties, I currently provide legal assistance in the Debtor Defense Clinic, Estate Planning Clinic, and Housing Justice Clinic. However, at one time or another, I have also provided support in all of the clinics within the CLP, with the exception of the Criminal Clinic. I love working with the various students, faculty, my colleagues, and being a part of the teaching team. For many students, the CLP gives them their first opportunity to be lead counsel. I enjoy watching the students grow as attorneys and gain confidence in themselves.

SS: I’m primary staff support for the Immigration Clinic and secondary support for other clinics when needed.

KVP: I provide support to Clinical Faculty, mainly Professor Brett Stohs with the Entrepreneurship Clinic, and to student attorneys who are signed up to take the clinic. I am typically the first human that most people interact with when they reach out for services of the E-Clinic, and I help determine whether we are a good fit for entrepreneurs to work with us on their legal needs.

Q: How does your work support clinical programs and/or faculty?

AD: While the students and faculty do the substantive part of the job, my role is more administrative. My work includes filing pleadings, preparing materials for court, and keeping track of the many moving pieces with all the cases we’re working on.

DL: I have always tried to provide as much assistance to the faculty as possible so they can dedicate their valuable time to teaching the students the practice of law. The paralegals in the CLP teach the students how to work in a law office setting. We review documents prepared by students and faculty for accuracy and ensure they are formatted according to court rules. We file legal documents with the court, when necessary. We review and finalize estate planning documents that students have prepared for their clients. Sometimes we are a sounding board for the students when they are trying to work out a legal issue.

SS: I assist the Clinic director and students with daily operations, document review and preparation, navigating immigration agencies and court filing procedures, case management, file integrity, and logistics.

KVP: I like to think of us as nurses to doctors, while each have their individual skill and knowledge set, they both rely on each other for different things and work together for the best outcomes for their patients. Instead of patients, our clients and students are who we are caring for and we help guide them through the messiness of legal practice. I like to think that my work helps give clinic faculty the ability to do some of their important work which is supervising our students and helping our clients achieve their goals.

Q: Where do you see the work of the clinics making the most impact? How is it reflected in the lives of clients?

AD: The impact of the Clinical Programs has been huge for Lincoln and surrounding communities. Each day students and faculty work to prevent people from being evicted, finalizing estate planning documents, start small businesses, and more.

TG: Ensuring we provide the highest quality of representation to our child clients as Guardians ad Litem and that child clients have a voice in court.

DL: CLP students provide legal representation to clients in a variety of legal matters. Whether it is ensuring that a client is allowed to stay in their home or allowed to maintain their income, the legal work of our students greatly impacts the lives of their clients. Many of our students have been involved in legislative advocacy and have played an integral part in changing legislation to improve our clients’ lives. Many low-income individuals would not receive any legal assistance if not for the CLP. With the guidance of the CLP faculty and paralegals, our students learn how to provide quality and ethical legal representation. Some students have had opportunities to argue cases before the Nebraska Court of Appeals, Nebraska Supreme Court, and the Eighth Circuit Court of Appeals.

SS: The clinics are a way for people who can’t afford an attorney to have access to quality legal representation while giving students the opportunity to learn first-hand and see how meaningful their assistance is to those who would otherwise be unable to afford legal assistance.

KVP: We’ve seen clients who are taking major risks such as leaving their full time jobs to pursue a side hustle idea. We are just a small step on their journey of owning and running a business, but they come to us because they want to make sure they are doing things the right way. To check in with a former client to hear that their business is growing and they are doing well is a good feeling. To see a former nonprofit client land a big grant so they can continue providing their charitable work is rewarding, and knowing that we helped them get what they needed to further their own mission has been impactful.

Q: What has been the most meaningful experience you’ve had while working with our clinical programs?

AD: The most meaningful experiences I’ve had so far is seeing the look on clients’ faces when they’re able to get help from the Clinic; many people are relieved and I’m thankful our community has this resource.

TG: Through the success of the CJC, we had the opportunity to launch the Children’s Justice Attorney Education Program. This has allowed us to move beyond Lancaster county and impact Juvenile Court representation in greater Nebraska.

DL: It is always heartening to observe the gratitude of a client who has had an opportunity to have his or her voice heard. Knowing that our students and faculty are providing the best legal representation possible is very meaningful to me. Listening to a student after his or her first court appearance and seeing the glow on their faces afterward brings me so much joy. Just knowing that you have been a part of their teaching experience is such an honor.

SS: When students share that they’ve been struggling with the pressures of law school or are otherwise uncertain about the future and the clinics helped them focus in on what it’s all for and why they want to help others.


Q: Describe the value of offering real-world educational opportunities like this to our students. How does it prepare them for the legal field?

AD: There’s a huge difference between learning about something and doing something. For example, in the First Amendment Clinic, this is the first time students have written their own brief or interacted with clients. I think this experience gives students a chance to actually work in the profession before they even start their careers.

TG: Students are assigned cases, partnered with experts and get hands-on experience meeting with families and appearing in court for an academic year, graduating practice-ready.

DL: The clinics prepare their students to be inclusive leaders. Some of the CLP’s students have gone on to be judges, legislators, successful litigators, sole practitioners, and leaders in their fields. The clinics give the students the confidence they need to do anything they strive to do. It is so enjoyable knowing that I have had just a small part in their education and success.

SS: The clinics are often the first time students are experiencing being primarily responsible for real clients with real legal issues. From their first client interview to their first trial appearance, having the opportunity to learn in an environment that supports and guides them through the many “firsts” they’ll experience as a new attorney is invaluable.

KVP: I think giving students the opportunity to see what it is like to be a practicing attorney is so beneficial to their law school careers. Not only do they get to experiment and be intentional with their time and apply some of the things they have learned in their law school classes, they also get the benefit to tell employers, “Hey look I’ve actually done this stuff and this is what I did.” I think for most clinic students it reaffirms their decision to go to law school and be an attorney. Having a supportive environment with the goal of learning and managing all the things clients and cases brings is truly what makes the experience worthwhile.

Keith, Peterson, Anderson, and Severino headshots.

Alumni News | March 2024

09 Mar 2024    

Every month, we bring you the latest updates from our alumni near and far.

ALUM NOTES

Robert S. Keith, ’96, has been inducted into the National Academy of Distinguished Neutrals.

Alyssa M. (Stokes) Peterson, ’17, has joined Texas Instruments as legal counsel.

Timothy J. Anderson, ’22, has been appointed to the United States Criminal Justice Act Panel. 

ALUM IN THE NEWS

ACLU of Nebraska Legal Fellow Dylan C. Severino, ’23, was the lead author of the ACLU's report regarding recent concerns around deportation hearings.

Fahey, Borer, Koch, and Rector headshots

Alumni News | February 2024

28 Feb 2024    

Every month, we bring you the latest updates from our alumni near and far.

ALUM NOTES

Brian J. Fahey, ’15, was named partner at the Omaha office of Fraser Stryker. 

Alison J. Janecek Borer, ’17, has been named partner at the firm of Cline Williams. 

Jared M. Koch, ’18, was named a partner at Blethen Berens in Mankato, Minnesota. 

ALUM IN THE NEWS

The Consulate General of Japan in New York and Steptoe & Johnson PLLC announced Larry Rector, ’87, as the honorary consul of Japan in Charleston. His appointment is the first of its kind in West Virginia by the Government of Japan.

Professor Rick Duncan headshot

Duncan's article published in Case Western Reserve Law Review

19 Feb 2024    

Professor Rick Duncan's article Why School Choice is Necessary for Religious Liberty and Freedom of Belief, has been published in the Case Western Reserve Law Review. 

Read an excerpt from the abstract below:

To end this Article where it began, the letter and spirit of the First Amendment deeply values freedom of religion, thought, and belief formation. If these values are to survive in our deeply divided, pluralistic Nation, parents must be free to choose an appropriate education for their children, without having to sacrifice the benefit of public funding of education. To put it succinctly, educational funds should be directed to children and their parents, not to strictly secular government schools. School choice is the civil rights and civil liberties issue of this present age, and one way or another—either in the courts or in the states—we need to get there.

Professor Kyle Langvardt headshot

Langvardt’s article published in Yale Journal of Law & Technology

15 Feb 2024    

Professor Kyle Langvardt’s article Crypto’s First Amendment Hustle has been published in the Yale Journal of Law & Technology.

Read the abstract below:

Crypto industry attorneys have argued in litigation and before regulatory agencies that the First Amendment immunizes their line of business from ordinary market regulation. On the merits, these arguments range from weak to frivolous. But they nevertheless create value for the crypto industry in two ways. First, they help to drive a predatory marketing strategy that attracts retail investors with appeals to individual liberty and resistance to “financial censorship.” Second, they tee up arguments that financial regulators’ jurisdiction should be interpreted narrowly under the “canon of constitutional avoidance” and the “major questions doctrine.” Overall, crypto’s First Amendment opportunism interferes with public efforts to protect investors, collect taxes, and fight financial crime—and ultimately, it debases the First Amendment itself. At every opportunity, agencies and courts should debunk these arguments in terms that are clear enough for the industry’s target audiences to understand.

BLSA members pose at an event

Black Law Student Association creates space for conversation and connection

13 Feb 2024    

The College of Law’s Black Law Student Association (BLSA) was reactivated in 2022 with the goal of providing support to Black law students while creating educational opportunities for the entire student body.

Lionel D’Almeida, ’23, is the current BLSA vice president and was one of the students who worked to reactivate the chapter. In their 1L year, D’Almeida and his fellow executive team members saw a need for more open discussions on the impact of race and ethnicity in the context of the cases they were studying. This led them to the idea of creating a space specifically for Black law students to connect.

“It was important to give Black law students an organization that they know will champion them, especially given the low percentage of Black lawyers,” he said.

The American Bar Association reports that Black lawyers made up 5% of the legal profession in 2023, while Black Americans made up 13.6% of the population. This number shows little growth from the 4.8% of Black lawyers in 2013. In this same time span, the number of lawyers in other racial and ethnic groups has continued to grow.

Lionel D'Almeida headshot

These statistics can have an immense impact in the court of law, D’Almeida said.

“If we look at criminal law, Black people and Black men, specifically, are defendants a lot of the time,” he said. “So having an attorney who looks like you is crucial.”

The effort to make the legal field more representative should start long before law school, D’Almeida said. Reaching high school or middle school students and informing them about the path to law school is one possible route for improvement.

“It’s important to start early in order to make people understand that it’s possible and that they would be supported here,” he said. “We can show them that Black law students are doing this, and you can too.”

BLSA’s efforts have also focused on connecting law students to Black professionals in the legal field and community leaders. Last year, they hosted Restorative Justice Coordinator Shakur Abdullah, who was sentenced to life in prison at 17 years old. Abdullah, who was released on parole, shared his story and his expertise on the issues of juvenile justice and mass incarceration.

Members of BLSA also had the opportunity to meet Damon Barry, ’00, Managing Partner of Ballard Spahr’s Denver and Boulder offices, and City Attorney Yohance Christie.

“Being able to make connections with current lawyers and other law students around the state has been one of the best parts of this,” D’Almeida said.

Post-graduation, D’Almeida is looking to secure a position in corporate law and possibly start his own firm one day. He said he hopes the next BLSA executive board continues to coordinate informative, engaging events and adapt to the needs of Black law students at the College of Law.

De Angelo, Douglass, Ehmke Sergeant, and Reese headshots

Behind the Scenes with Faculty and Administrative Support

12 Feb 2024    

Each month, we’re giving an inside look at the work happening behind the scenes at the College of Law. Members of the Faculty and Administrative Support team help facilitate student success, support Nebraska Law faculty in their work both in and outside of the classroom, and create opportunities for staff development.

Faculty and Administrative Support:

Ariana De Angelo, Administrative Technician

Julie Douglass, Legal Assistant

Sabrina Ehmke Sergeant, Legal Assistant

Ann Reese, Leadership Team Administrator & Project Manager

Q: What does your role at the College of Law entail? What is the most fulfilling part?

AD: In my role at the College of Law, I welcome guests and community members to the college, collaborate with my colleagues on a variety of projects and events, assist students with event planning, and help community members find legal resources. The most fulfilling part of my role is making connections with the Nebraska Law community and being a part of making law school a positive experience for our students.

JD: I coordinate travel in my role, which includes creating travel requests, making reservations, and processing expense reports for faculty and students who are attending events. I also process non-travel expense reimbursements. I coordinate the travel, scheduling, and processing expenses for faculty candidates when they visit the college. I am also the Law Review assistant and the coordinator for Continuing Legal Education (CLE), and I work with Katie Pfannenstiel to submit events for CLE approval, man the sign-in table for CLE events, and process payments for CLE credit. I assist with Canvas navigation and coordinate exam reviews each semester. Additionally, I do multiple print jobs for faculty and help them with proofreading and editing. I process registration for conferences, payment of Bar Dues, subscriptions, etc., and assist staff and faculty with miscellaneous projects throughout the year. I am also the backup for the front desk which includes helping with room reservations, answering phone calls, making coffee, etc.

SES: I am the program coordinator for the Legal Analysis, Writing, and Research (LAWR) Program and the Managing Editor for the Rural Reconciliation Project’s online journal, The Rural Review. LAWR is a required class for first-year law students. In addition to the program director, there are 10 lecturers/adjuncts, 4 research faculty members, and 13 teaching assistants. In my role as Program Coordinator, I facilitate the running of the course by helping students, faculty, adjuncts, TAs, and other members of the College of Law community get what they need, when they need it.

AR: In my role as leadership team administrator and project manager, I assist and support Dean Moberly with scheduling, calendar management, meeting management and preparation, travel, prioritizing requests, etc. I also support other leadership team initiatives, including assisting student organizations and helping to plan staff development activities. I work to manage and facilitate multiple projects, a few of which include submissions to the ABA, U.S. News, and the Princeton Review; course evaluations, and promotion and tenure files.

Q: What is unique about working at the College of Law? What is your favorite memory so far?

AD: Working at the law college is unique because of the community we have. I always enjoy conversing with our students, faculty, and staff. My favorite memory while working at the College of Law is my first Spring Community Service Project in 2023; I had a chance to connect with students and my peers while bagging groceries at the Lincoln Food Bank. 

SES: I love being part of the complex Legal Analysis, Writing, and Research Program and helping implement curricular innovations that strive to provide the best pedagogical experiences for students at a critical point in their law school careers. 

AR: My colleagues are second to none.  It’s the best team I’ve ever been a part of. I love how everyone pitches in to help when anyone needs it, no matter if it is in their area or not.

Q: How do you provide support to faculty, administrators, or staff?

JD: I provide support to faculty by doing travel requests, reservations, and expense reports, processing non-travel expense reimbursements, registering for conferences, and paying bar dues and subscriptions. I also assist with Canvas navigation, coordinating exam reviews, creating photo rosters and seating charts, printing, copying, proofreading, formatting/editing documents and publications, ordering books, and filling out the room reservation form for them when needed.

SES: As Managing Editor of the Rural Review, I manage the publication of material in the online journal. I edit and compose posts on rural scholarship, news, and literature, and participate in workshops and events. My involvement with the project has been an incredible opportunity to learn across disciplines, read widely, and be a part of important scholarly work that engages with a region often oversimplified or overlooked entirely.

AR: I do a lot of work in preparation for administrative team and faculty meetings, including scheduling the meetings themselves, organizing agendas, ensuring that everyone has access to the appropriate documents and materials, and for faculty meetings, tracking the governance items such as meeting minutes and vote counts. In planning staff development events, I meet with Molly Brummond to determine what opportunities we want to provide and ask staff for their input. Then, we make it all happen by contacting presenters, reserving locations, sending calendar invites, working with Ariana on RSVP forms, room reservations, ordering food, setting up and cleaning up the events, and connecting remote staff via Zoom. Facilitating these events for a large staff and faculty means coordinating a lot of moving parts.

Q: This team has an immense impact on the experience at Nebraska Law. Describe the value of providing exceptional assistance and service to our staff, faculty, and students.

AD: The value of providing exceptional assistance and service allows us to achieve shared goals, make connections, and provide a positive experience for those in our community. 

JD: The value of providing exceptional assistance is that it allows faculty and staff to serve the students in their respective roles without concerning themselves with the services I provide.

Professor Kyle Langvardt headshot

Langvardt’s essay published on Yale Journal of Regulation blog

12 Feb 2024    

Professor Kyle Langvardt, with Minnesota Law professor Alan Rozenshtein, has published “The platforms should win the NetChoice content moderation cases – but narrowly” on the Yale Journal of Regulation’s Notice and Comment Blog.

The essay offers a narrow argument for overturning two state laws that require social media companies to refrain from removing certain content. Others have argued that a) social media content moderation is immune from regulation under the First Amendment or b) that requiring social media to carry certain content is constitutional because common-carrier regulation of very large media platforms is presumably constitutional. Langvardt and Rozenshtein reject both of these views. In principle, the authors see a role for government in regulating social media access. But these laws are so poorly drafted that they seem more likely to inhibit than promote user speech on social media. That is why they are unconstitutional.

Read the article here: https://www.yalejreg.com/nc/the-platforms-should-win-the-netchoice-content-moderation-cases-but-narrowly-by-kyle-langvardt-alan-z-rozenshtein/

Amanda Dabney, Dan Coogan, Kaci Jumps, and coach Shannon Doering outside the New York City Bar Association.

Coogan, Dabney, and Jumps place in top eight at 74th Annual National Moot Court Competition

06 Feb 2024    

A Nebraska College of Law team of third-year students Kaci Jumps, Dan Coogan, and Amanda Dabney (l-r) competed at the 74th Annual National Moot Court Competition in New York City on January 29 and 30. The participants were coached by Shannon Doering, ’99 (right).

Hosted at the New York Bar Association, the competition included in two preliminary rounds. The team won against St. Mary’s Law School from Texas in the initial round but faced a setback against a team from Ohio State. Despite the loss, they accumulated sufficient points to progress and secure a spot in the Sweet Sixteen as the 14th seed for the following day.

The team won against the #3 seed on the second day of competition, the University of Pittsburgh from Pennsylvania, and advanced to the final eight. In the subsequent round, they engaged in a close competition against Memphis University from Tennessee, ultimately experiencing a narrow defeat with a split decision from the panel.

The team earned the chance to compete at the National Competition after winning the regional tournament late last year.  This year’s moot court question asked the participants to argue a personal jurisdiction question and two issues stemming from the Securities Act concerning cryptocurrency. Jumps joined the National Moot Court team after winning the 2022 Grether Moot Court Competition, while Coogan and Dabney joined after winning the 77th Allen Moot Court Competition.

The team said they would like to thank all of the Nebraska students, alumni, and professionals who assisted in the preparation and practice for this tournament.

Nebraska Law logo on black background - large red N with the words College of Law underneath

Nebraska Law professors present at Association of American Law Schools Annual Meeting

01 Feb 2024    

Five Nebraska Law professors presented at the Association of American Law Schools annual meeting in Washington, D.C.

  • Professor Danielle Jefferis presented her work-in-progress “‘The Worst of the Worst’: Civil Rights Cases, Supermax Rhetoric, and Judicial Decision-Making” at the AALS Section on Law and Social Sciences panel. This is a Layman Award-funded project which identifies and examines the phenomenon of “supermax rhetoric” in civil rights cases arising out of the federal supermax prison in Florence, Colorado.
  • Professor Colleen Medill served as the Chair in 2023 for the AALS Section on Employee Benefits and Executive Compensation. As Section Chair, Medill organized a competition for scholarly works to be presented on the topic of “Emerging Issues in Retirement Equity,” which was co-sponsored by the Sections on Poverty Law, Aging and the Law, and Minority Groups. Medill served as the moderator for the discussion in which panelists identified ways the current system leads to retirement inequity and what reforms are needed so that all workers can achieve retirement income security.
  • Dean Richard Moberly participated in a panel discussion on Labor Relations and Employment Law, co-sponsored by Employment Discrimination Law Section. Moberly shared a “Brief History of the Last Twenty Years of Whistleblower Protection,” in which he spoke about the various legal models that have been used to encourage effective whistleblowing, and analyzed their successes and failures. In addition to his presentation, Moberly also served at the chair of the program committee for the 2024 annual meeting.
  • Professor Jessica Shoemaker participated in a panel discussion on Property Law and Real Estate Transactions, co-sponsored by Community Economic Development, Clinical Legal Education and State and Local Government Sections. Shoemaker presented two forthcoming projects (Re-Placing Property and Papering Over Place: When Land Becomes an Asset Class), connecting wider land-based struggles and her developing theories of property and placemaking.
  • Professor Elana Zeide participated in a panel discussion on Privacy Risks for Vulnerable Populations, sponsored by the Section on Defamation and Privacy. Panelists shared their research and discussed the vulnerability of communications on digital platforms and their privacy implication for vulnerable populations.
College of Law building

Department of Justice grant will support creation of Innocence Clinic

30 Jan 2024    

The University of Nebraska College of Law will begin operating an Innocence Clinic this fall.

In Nebraska, more than 5,500 people are incarcerated in 10 state prisons and another 1,000 are in the custody of private prisons and local jails. Per data from the Prison Policy Initiative and U.S. Department of Justice, the state’s incarceration rate is among the highest in the nation. Two studies published within the past decade estimate that 4% to 6% of people incarcerated in U.S. prisons are actually innocent. In Nebraska, that translates to as many as 300 individuals currently serving sentences for crimes they did not commit. The new clinic aims to help those people.

While there is a presumption of innocence when someone goes to trial, once a person is convicted of a crime, the presumption of guilt is extraordinarily difficult to overcome. The National Registry of Exonerations reports that 3,458 defendants have been exonerated since 1989 and collectively served more than 31,070 years in prison for crimes they did not commit. 

With the help of a $600,000 grant from the U.S. Department of Justice, third-year students in the College of Law will raise awareness of wrongful convictions in Nebraska and work to exonerate those who have been wrongfully convicted. As part of the review of cases, students will help establish the primary causes of wrongful conviction and identify the most effective methodologies to prevent future wrongful convictions in the state. 

“Our clinical programs help students develop skills that they will rely on in practice,” said Richard Moberly, dean of the College of Law. “The Innocence Clinic will contribute to training the next generation of Nebraska lawyers as they learn about the causes of wrongful conviction and experience case identification and litigation of actual innocence claims.”

Kala Mueller, director of public interest programs, added: “This type of training has been shown to help reduce the risk of future wrongful convictions both in Nebraska and elsewhere.”

There have been just 10 exonerations in Nebraska history, six of which stemmed from a single case. 

The Innocence Clinic will be Nebraska’s 10th clinical program. The others are the Children’s Justice Clinic, Civil Clinic, Criminal Clinic, Debtor’s Defense Clinic, Estate Planning Clinic, First Amendment Clinic, Housing Justice Clinic, Immigration Clinic and Weibling Entrepreneurship Clinic.

The College of Law is partnering with the Midwest Innocence Project to identify potential cases for the clinic. Under the supervision of the clinic director, students will review and investigate cases for potential claims of innocence for individuals whose cases originated in Nebraska and who have applied for assistance from the Midwest Innocence Project. The grant funding provided by the Department of Justice will assist in moving more than 41 cases from the existing waitlist forward.

Mueller, who is a member of the Midwest Innocence Project board of directors, said the partnership is important to the success of Nebraska’s Innocence Clinic. 

“The Innocence Clinic will have a small staff, making the potential volume of requests nearly insurmountable,” Mueller said. “We’re grateful to the Midwest Innocence Project for allowing us to benefit from their already established screening process.”



Potential clients will need to contact the Midwest Innocence Project to submit a case: https://themip.org/submit-a-case/

Individuals interested in supporting the Innocence Clinic may call (402) 472-2161 or email law@unl.edu

Headshots of Peck, Finley, Hurilla, and Lawton

Alumni News | January 2024

30 Jan 2024    

Every month, we bring you the latest updates from our alumni near and far.

ALUM NOTES

Amy L. Peck, ’87, received the 2024 Lexology Client Choice Award for her work in providing excellent client care and quality client services.

Beau G. Finley, ’96, was named county court judge for the Fourth Judicial District of Nebraska, including Douglas County. 

Lyndsay A. Hurilla, ’19, has joined the firm of Barnes and Thornburg in their Salt Lake City office.

ALUM IN THE NEWS

Kimberly A. Lawton, ’10, received the 2023 District Attorney of the Year Award from the Wisconsin District Attorneys' Association. Lawton has held the position of Bayfield County District Attorney since 2016 and has filed over 1,000 criminal cases since taking office.

Professor Jo Potuto headshot

Potuto’s article published in Oklahoma Law Review

30 Jan 2024    

Professor Potuto’s article A Fine Mess: The NCAA, the Collegiate Model, and the Post-Alston World has been published in the Oklahoma Law Review.

The article addresses some on-the-ground implementation and practical consequences of NIL deals. They include collectives, the impact on recruiting and competitive equity, NCAA enforcement issues, questions regarding the applicability of Title IX, the impact on high school and even younger athletes, conflicts with athletic department exclusive sponsorship deals, the likelihood of a federal legislative solution, and the slippery slope to pay for play.

Professor Kristen Blankley headshot

Blankley, Votruba publish article on race in rural and non-diverse communities

26 Jan 2024    

Professor Kristen Blankley and Assistant Professor of Psychology Ashley Votruba have published Discussing Race in Rural and Non-Diverse Communities in the Ohio State Journal of Dispute Resolution.

The article is an extension of their participation in the “Rethinking System Design for Racial Justice” hosted by Ohio State’s Divided Community Project, Harvard University’s Negotiation and Mediation Clinical Program, and Stanford Law School’s Gould Center for Dispute Resolution.  

It takes an interdisciplinary approach to the issue of discussing race in primarily white and otherwise non-diverse populations. It draws on research from the substantive disciplines of psychology and antiracism and combine them with the literature and practice of facilitation, dispute system design (DSD), and mediation. The article focuses on discussing race in large groups; it does not cover the equally difficult issues of discussing race in mediated cases, such as discrimination cases, or in restorative justice conversations.

Woomera Manual Available for Preorder

22 Jan 2024    

Preorder is now available for "The Woomera Manual on the International Law of Military Space Operations," a project that our Director, Jack Beard, has been working meticulously on over the past few years. The Woomera Manual analyzes 3 phases of military space interactions: peace, tension or crisis, and armed conflict. It also delves into different legal regimes, history of the law in this area, and state practice. Drafts of the manual were reviewed and commented on by numerous countries at The Hague in 2022. 

The manual is available for pre-order at https://global.oup.com/academic/product/the-woomera-manual-on-the-international-law-of-military-space-operations-9780192870667?cc=us&lang=en&.