Nebraska Law Places 7th at International Law School Mediation Tournament, Receives Spirit of Mediation Award
13 Mar 2018
The Nebraska Law team of Brian Lisonbee, Morgan Kristensen and Emily Wood, all 3Ls, earned 7th best mediation team in a field of 50 teams.
The second Nebraska Law team of Ashley Fischer, Mark Foxall and Megan Meyerson, also all 3Ls, were awarded the Spirit of Mediation Award. This award is voted on by all competition participants, and is given to the team that best embodies what it means to be a peacekeeper.
The teams are coached by Professor Kristen Blankley.
The International Law School Mediation Tournament has held at Loyola Law College in Chicago. The competition was made up of 50 teams from the United States and around the world.
Koohmaraie, '14, Featured in Congressional Quarterly 18 to Watch in '18
12 Mar 2018
Congressional Quarterly (CQ) Magazine featured Bijan Koohmaraie, '14, in the 18 to Watch in '18. Article below.
It was trial by fire for House Energy and Commerce staffer Bijan Koohmaraie, whose first day of work as counsel for the committee involved a markup on health legislation that lasted 27 hours.
Things barely slowed down from there.
Koohmaraie, 29, immersed himself in work on regulations of autonomous cars, which led to more late nights and “a lot of weekends” to put together a bill the committee unanimously reported favorably and the House passed by voice vote.
The bill (HR 3388) became the first autonomous vehicle-related legislation to pass in either chamber. Its easy passage belied the behind-the-scenes work Koohmaraie led to draft a consensus bill. Committee staff held hundreds of meetings with interested parties. Late in the process, as staffers closed in on consensus language, those meetings were bipartisan, which helped pave the way for speedy approval in committee and on the floor.
One need only look to the Senate, where a handful of senators have for months been blocking a similar bill (S 1445) from passage by unanimous consent, to grasp the challenge of writing one with near-universal approval.
A Nebraska native, Koohmaraie got his start in politics interning for home-state Republican Rep. Adrian Smith during his junior year at Nebraska Wesleyan University. He was hired on as staff assistant for the summer before returning for his senior year.
He later went to law school at the University of Nebraska and worked as an assistant attorney general in the state.
Koohmaraie was tasked with spearheading work on autonomous vehicles despite having no background in technology, simply because that’s what needed to be done when he was hired early last year, he says.
“When I got here, this was kind of the hot issue that the subcommittee was working on and I really just kind of dove in,” he says.
Koohmaraie read up on automotive regulations like the Federal Motor Vehicle Safety Standards, which had to be tweaked to realize the benefits autonomous vehicles could offer, and he proved to be a quick study.
His training as an assistant attorney general provided valuable skills for navigating Congress, he says. Meeting with autonomous vehicle experts wasn’t much different for him than taking depositions on lots of other subjects unfamiliar to him.
“When you depose expert witnesses, you have to become almost an expert in their field,” he says.
Along with the expertise, Koohmaraie developed an enthusiasm for the subject. Driverless cars, he says, have the potential to save thousands of lives and improve many more.
Koohmaraie says the work on the first bill on driverless cars is just a starting point.
“This isn’t the last word on self-driving,” he says. “It’s the first word.”"18 to Watch in '18: Bijan Koohmaraie." CQ Magazine (March 5, 2018). http://library.cqpress.com/cqweekly/weeklyreport115-000005275119.
Orcutt, '07, Provides Expert Testimony Before the Arizona Senate Judiciary Committee on Statute of Limitations for Appraisers and Mortgage Brokers
12 Mar 2018
Michael Orcutt, ’07, a Partner in the Phoenix office of the Lipson Neilson law firm, was selected by the Coalition of Arizona Appraisers to provide testimony before the Arizona Senate Judiciary Committee on a bill sponsored by Senator Kate Brophy McGee that would create a statute of limitations specific to appraisers, appraisal management companies, and mortgage brokers. Mr. Orcutt testified in favor of this bill on February 15, 2018, and after his testimony the Senate Judiciary Committee voted unanimously in favor of the bill. Senator Brophy McGee has asked Mr. Orcutt to continue his involvement and work with her as a primary supporter of this bill as it progresses.
Mr. Orcutt is an experienced commercial litigator with a particular emphasis on real estate, construction, and insurance matters. He has written several published articles and is the co-author of the Real Estate Broker Liability chapter of the Arizona Tort Law Handbook published by the State Bar.
Founded in 1985, the Lipson Neilson law firm has grown from three founding members to thirty-four attorneys located in three states, Arizona, Nevada, and Michigan. The firm is widely known for its excellence in the professional liability lines, offering invaluable insight and experience to its clients across all industries. You can learn more at www.lipsonneilson.com.
Hudson and Arends Win Regional Client Counseling Competition
19 Feb 2018
The team of Damon Hudson and Kelsey Arends, both 2L students, won the American Bar Association's 2018 Region 8 Client Counseling Competition. This marks Nebraska's 17th regional win. They will move on to represent Nebraska Law and Region 8 at the 2018 ABA National Client Counseling Competition in Durham, North Carolina in March. There they will face the winning teams from each of the ABA's other 11 regional competitions.
Megan Meyerson and Lora Waeckerle, 3Ls, and Ken Yoho and Isaiah Frohling, 2Ls, also competed in the Region 8 competition. The teams are coached by professors Alan Frank, Craig Lawson, and Brett Stohs, and adjunct professor Audrey Polt, '12.
The 2017-2018 topic is intentional torts.
Kelly, '81, Confirmed as U.S. Attorney for Nebraska
16 Feb 2018
The Senate on Thursday confirmed the nomination of Lancaster County Attorney Joe Kelly, '81, to serve as U.S. attorney for Nebraska.
The nomination was approved by unanimous consent.
Kelly was nominated by President Donald Trump to succeed Robert Stuart, who has served as acting U.S. attorney since Deborah Gilg, '77, retired last March.
Kelly was elected as county attorney in 2010 and re-elected in 2014. Before his election, he served as chief deputy county attorney and has more than 30 years of experience as a prosecutor in the county attorney's office.
Nebraska Law Students Volunteer with Omaha Public School’s THRIVE Leadership Club
15 Feb 2018
Twenty-eight law students and four College of Law professors volunteered at Benson High, Omaha Northwest, and Omaha South, as part of each schools’ THRIVE Leadership Club programming.
THRIVE is an after-school leadership program in five Omaha Public Schools: Benson, Bryan, Central, Northwest and South high schools. The club is designed to help students become leaders who give back to the community through acts of volunteer service. Students learn to communicate with each other, work together to accomplish a common goal, and to make good decisions in all areas of their lives.
During the events with Nebraska Law, high school students listened to presentations on responsible renting. They were then given hypothetical situations based on common problems Omaha renters face. The high school students were broken into groups, each led by Nebraska Law students, to work through how these situations should be handled. Each group presented a skit based on their situation.
The Nebraska Law students were also able to speak to the high school students about the Underserved Law Opportunities Program, share what law school is like, and discuss different types of legal careers.
Von der Dunk’s Article Published in Michigan State International Law Review
15 Feb 2018
Professor Frans von der Dunk’s article Asteroid Mining: International and National Legal Aspects, was published in the Michigan State International Law Review.
Asteroid mining is one of the more challenging issues not only technology speaking but also legally speaking: the Outer Space Treaty, the sole international legal document in force relevant to the matter, only provides for fairly general legal principles. The particular interpretation thereof for asteroid mining consequently is currently a matter for debate; the current article defends the proposition that the most sensible and appropriate interpretation thereof allows for commercial asteroid mining under national licenses as long as such licenses provide for sufficient supervision and legal control over the operation by the licensing state and guarantee compliance of licensees with the few more substantive requirements currently imposed by international space law, such as concerning liability for damage and the avoidance of harmful interference with other legitimate space activities. Even the Moon Agreement, though not in force as for the major spacefaring countries, seems to allow such a conclusion, much as it seems to aim for an international licensing regime as opposed to national discretion to license.
Nebraska College of Law hosts Australian law students and faculty
12 Feb 2018
Twenty-one undergraduate law students from the University of Adelaide visited the Nebraska College of Law as part of their Space Law and National Security Tour
The students, accompanied by Professor Dale Stephens and Dean Melissa de Zwart, also made stops in Washington D.C., and Cambridge, Mass. The Space, Cyber, and Telecommunications Law program and the International Law Students Association are hosting the group.
Since 2008, Nebraska has been the only law college in that nation to offer an LL.M. degree in space, cyber, and telecommunications law. The program, available on-campus or as an interactive online program, allows students to bridge the gap between law and technology. While in Nebraska, Adelaide students met with Professors Jack Beard and Matthew Schaefer to focus on the laws and policies specifically relating to national security and space law.
In addition, the Australian students attended law classes, learned about legal structures at the Nebraska Capitol and United States Court of Appeals for the Eighth Circuit, visited the Strategic Air & Space Museum, and experienced the daily life of an American law student.
Wittlin, Thimmesch Recognized for Outstanding Teaching
12 Feb 2018
Mary Marcum
Claire E. Monroe
Christopher Page
John Rockenback
Nick Knihinsky
Michaela Lutz
Lauren Nichols
Silver Quill Award: Troy Anderson
Potuto Discusses NCAA Role in Nassar Investigation
02 Feb 2018
As the investigation of Michigan State University and Larry Nassar continues, Professor Jo Potuto discusses the role of the NCAA infractions committee.
Media coverage is available below.
Berger's Article Published in BYU Law Review
25 Jan 2018
Professor Eric Berger’s article When Facts Don’t Matter was published in the BYU Law Review.
The article studies the Roberts Court’s penchant for brushing aside inconvenient facts in some high-profile constitutional cases. Using three prominent decisions as case studies, it argues that a majority of Justices too often rely on novel constitutional doctrine to dismiss congressional findings and other facts. This collective disdain for facts muddles constitutional law, aggrandizes the judiciary, and privileges ideology over evidence. Of course, the relevance of particular facts is ultimately a legal question, so the Court clearly enjoys the prerogative to determine which findings have constitutional salience. That said, the Court still owes Congress and the country a more careful explanation when it deems irrelevant the very facts that prompted legislative action in the first place.
Rural Law Opportunities Program Named 2018 American Bar Association Brown Select Award Recipient
18 Jan 2018
The Rural Law Opportunities Program (RLOP) was named the 2018 American Bar Association (ABA) Brown Select Award recipient. Over 3,000 people voted to determine the winner.
The award is a component of the Louis M. Brown Award for Legal Access, which is an annual award that recognizes programs and projects that enable affordable access to legal services for those of moderate income in ways that are exemplary and replicable.
All nominees for the Louis M. Brown Award are entered in the running for the Brown Select Award, which is determined by online votes from the public. This component of the award was developed to help elevate the awareness of the Award and advance insights into the work of the nominees. The Rural Law Opportunities Program was recognized as the Brown Select winner out of 43 nominees for the Louis M. Brown Award for Legal Access.
“This program exemplifies the tremendous value our colleges bring to the State of Nebraska,” said Stan Carpenter, Chancellor of the Nebraska State College System. “With the shortage of attorneys in rural Nebraska, this partnership benefits our students, institutions, and the community at large. We are honored to receive this prestigious award during the program’s first year of operation.”
The Rural Law Opportunities Program (RLOP) at Chadron State, Wayne State and the University of Nebraska at Kearney is a unique partnership with the University of Nebraska College of Law that aims to increase access to legal representation for all Nebraskans. Students from rural Nebraska are selected by each of the institutions and guaranteed a spot in the University of Nebraska College of Law if they maintain good grades in college, complete their undergraduate requirements and score well on the Law School Admission Test (LSAT).
Richard Moberly, Dean of the University of Nebraska College of the Law said, “The University of Nebraska College of Law appreciates being part of a partnership focused on bringing great students into the legal profession while also helping solve the problem that Nebraska’s rural areas do not have enough lawyers." The undergraduate program includes mentoring from the University of Nebraska College of Law, trips to the law school, LSAT preparatory courses, and undergraduate internships. Once these students complete their law program, the hope is that they will then return to rural areas in Nebraska to practice law.
Initial discussions for the RLOP program began during the summer of 2016, implementation occurred fall of 2016, and the inaugural class of RLOP candidates was welcomed this past fall 2017. Each year, Chadron State, Wayne State and the University of Nebraska at Kearney will select five high school seniors to participate in the RLOP program.
The American Bar Association Standing Committee on the Delivery of Legal Services reviews the nominations and selects the Brown Award recipient. The awards will be presented at the ABA Midyear Meeting on February 2nd in Vancouver, Canada. The RLOP will receive the Brown Select Award and the Chicago Bar Foundation will receive the 2018 Louis M. Brown Award. The American Bar Association will also acknowledge the British Columbia Civil Resolution Tribunal and Chi City Legal for Meritorious Recognition.
Updated Information on Deferred Action for Childhood Arrivals (DACA) Program
16 Jan 2018
United States Citizenship and Immigration Services (USCIS) recently posted an advisory reinstating the Deferred Action for Childhood Arrivals (DACA) program. This reinstatement is the result of a recent federal court decision that prevented USCIS from ending DACA, at least for the time being. A copy of the federal court order can be found at https://assets.documentcloud.org/documents/4345906/1-9-18-DACA-Opinion.pdf.
The full advisory reinstating the DACA program can be found on the USCIS web site at: https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction.
The following individuals are eligible to reapply for DACA:
- Those who otherwise meet the guidelines of the original DACA program. Those requirements can be found here: https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf.
- Those who had previously been granted DACA. Individuals who have never received DACA before cannot now apply. However, those who previously received DACA before can apply for it again, provided they meet the original program eligibility guidelines, even if their DACA status has already expired. The USCIS advisory divides those eligible to reapply into two categories:
- Individuals whose DACA status expired on or after September 15, 2016. Those individuals should file their applications asrenewal applications.
- Individuals whose DACA status expired before September 15, 2016. Those individuals should file their applications as “initial requests.”
The USCIS web site has links to the forms and instructions necessary to complete both renewal and “initial request” applications. Those who wish to apply should do so quickly, since the federal court litigation is ongoing and it is unclear how long USCIS may be required to accept applications.
Wylie, '13, Joins Faculty at University of Nebraska Omaha
12 Jan 2018
Lindsey Wylie, '13, has joined the faculty at the University of Nebraska Omaha, School of Criminology and Criminal Justice Juvenile Justice Institute.
She recently published an article in Psychology, Public Policy, and the Law titled Extraordinary and Compelling: The Use of Compassionate Release Laws in the United States.
Heino, '17, Joins Goosmann Law Firm
03 Jan 2018
Jeana Goosmann, CEO & Managing Partner of the Goosmann Law Firm, is pleased to announce that Attorney Kelsey Heino has joined the team at their Sioux City, Iowa, law firm location. Heino is a complex litigation lawyer and works to protect clients and their companies during trial, navigating the complex issues of litigation to achieve their goals.
From business and employment litigation to complex divorce and family law matters, Kelsey works with companies, individuals, high liability professionals, banks, finance companies, credit card processors, health care providers and staffing agencies to protect their name and money. Heino joins the firm experience working at a Fortune 500 company as a claims professional, giving her extensive knowledge in negotiating complex issues.
Originally from Carroll, Iowa, Heino received her undergraduate degree from Iowa State University and Juris Doctor from the University of Nebraska College of Law. Heino is licensed to practice in Nebraska.
Heino says, “I am excited to join a team that thinks outside of the box and goes the extra mile for their clients. That’s what matters and makes my job worth it.”
The Goosmann Law Firm is a full-service law firm with locations in Sioux City, Iowa; Sioux Falls, South Dakota; and Omaha, Nebraska. To learn more about the Goosmann Law Firm, visit their website at www.GoosmannLaw.com or call (855) 843-4531.
Corlew, ’05, Named Chair of Missouri House Judiciary Committee
07 Dec 2017
Kevin Corlew, ’05, was named to chair the Missouri House Judiciary Committee for the 2018 legislative session. He had previously served as vice chair of the committee.
In appointing Corlew to chair the committee, House Speaker Todd Richardson praised his outstanding service as vice chair of the committee and his legislative efforts to improve Missouri’s court system.
Corlew is in his second term as a member of the Missouri House of Representatives. He represents the 14th legislative district in the Kansas City metro area known as the Northland. In addition to his legislative duties, Representative Corlew is an attorney. His practice involves business litigation at Shook, Hardy & Bacon in Kansas City.
Miller, '16, Named Research Fellow at Berkeley Law
05 Dec 2017
Kathleen (Katie) Miller, '16, has joined the Center for Law, Energy, and the Environment (CLEE) as a Research Fellow for the Wheeler Water Institute at Berkeley Law. At CLEE, Katie's work focuses on interdisciplinary approaches to solving current and emerging California water issues. Before joining CLEE, Katie was a part of the Agriculture, Environment, and Natural Resources Bureau at the Nebraska Attorney General's Office, where she primarily worked on water rights cases.
Atwood, Hertz and Nelson Advance to National Moot Court Competition Finals
22 Nov 2017
3Ls Jennifer Atwood, Mackenzie Hertz and Morgan Nelson placed second in the Region 9 competition of the New York City Bar Association’s National Moot Court Competition. The team, coached by alumnus Shannon Doering, ’99, will advance to the national competition finals to be held in New York City January 29-February 1, 2018.
A second Nebraska Law team comprised of William Beerman, Tiffany Boutcher and Tara Holterhaus also made an impressive showing at the Region 9 competition, advancing to the quarterfinals.
Teams from the University of Arkansas, Creighton University, University of Kansas, University of Missouri, University of Missouri-Kansas City, University of Nebraska, University of Oklahoma, St. Louis University, and Washburn participated in the Region 9 competition held at the University of Nebraska College of Law. The semi-final and final rounds were held at the Nebraska State Capitol Building.
The University of Oklahoma College of Law team of Josh Fanelli, Bryan Lynch and Alex Sokolosky placed first in the final round.
Endelicato, '88, Named to Business Insurance CLM’s List of Women to Watch
10 Nov 2017
Constance Endelicato, '88, a partner at Wood, Smith, Henning & Berman LLP, was named to Business Insurance CLM’s prestigious list of “Women to Watch.” An accomplished lawyer with over 29 years of litigation experience defending healthcare providers, Endelicato has achieved an incredible unmarred record of trying over sixty jury trials and binding arbitrations, having never been defeated. Endelicato will be honored at the 12th Annual Women To Watch Awards & Leadership Conference December 14-15th at the Grand Hyatt New York, where social humanitarian and actress, Ashley Judd will deliver the keynote address.
“This is truly an honor particularly in light of the fact that the Women to Watch awards is the only recognition program that celebrates leading women from every facet of the commercial insurance industry, said Endelicato. “Since its inception in 2006, it has grown into an educational program aimed at the advancement of women in commercial insurance, risk management and related fields.”
Endelicato’s clients include physicians in all disciplines of medicine, hospitals, skilled nursing facilities, surgery centers, and allied healthcare professionals. Her cases range from catastrophic injuries, including birth injury, spinal cord injury, and brain injury, to elder and dependent abuse, wrongful death actions, and mass tort litigation.
Her extensive trial experience has afforded her membership in the prestigious American Board of Trial Advocates, among a nominal number of women in the United States. Endelicato was also nominated into membership of the exclusive International Association of Defense Counsel where she is an active member of the Medical Defense and Health Law Committee.
Additionally, Endelicato was named by the Los Angeles and San Francisco legal newspaper, The Daily Journal, as one of the Top 100 Women Lawyers in California. She has also been recognized as one of the Top 50 Most Influential Women Lawyers by Los Angeles Business Journal. She was also honored by Los Angeles Magazine as one of the Top Women Attorneys in Southern California. She also received the designation of Super Lawyer in Southern California by Los Angeles Magazine, Super Lawyer in Orange County by Orange Coast Magazine, and Top Lawyer by Pasadena Magazine and also holds an AV-Preeminent Rating which is the highest rating awarded by Martindale Hubbell.
Shoemaker's Essay Published in Great Plains Research
02 Nov 2017
Professor Jessica Shoemaker's invited essay, “Pipelines, Protest, and Property,” has been published in Great Plains Research. This essay explores fundamental ideas about private property ownership—and what it means to be a region dominated by privately held lands—though the lens of the recent Dakota Access and Keystone XL pipeline controversies. Although the purpose is not to resolve any lingering disputes about the pipelines themselves, the essay does highlight some of the unique land tenure issues that impact Indigenous peoples especially and the potential for more cooperative, land-based reconciliation in the Great Plains going forward. It also concisely summarizes the status of the legal controversies around these pipelines.