Gardner Publishes Updated Casebook
18 Aug 2017
Children and the Law, fourth edition, co-authored by Martin Gardner, Marci A. Hamilton and Anne Profitt Dupre, has been released.
This edition has been comprehensively updated and continues to focus on the foundation of children’s rights in Supreme Court cases, and to be an accessible and readable textbook for undergraduate, law, and graduate students. Children and the Law examines the rights and protections afforded minors under common law doctrine, federal constitutional principles and legislative enactments.
The casebook is divided into six sections:
- Chapter 1 discusses minority as a legal status including the contrasting theories of the rights of juveniles.
- Chapter 2 examines the rights of children with the context of the Family, including such topics as the interests of the parents, child and state, the care of the child, and protecting the health of the child.
- Chapter 3 discusses child abuse and institutional neglect including such topics as adjudication, reporting statutes and neglect outside of the family.
- Chapter 4 addresses the rights of children in the context of Society, including such topics as obscenity and pornography, privacy rights of minors, contract liability and tort liability.
- Chapter 5 examines the rights of children in the context of School, including such topics as first amendment rights, religious practice, school discipline, school searches, discrimination, harassment and bullying and the disabled student.
- Chapter 6 covers the Juvenile Justice System, including such topics as procedure, jurisdiction, the pre-adjudication process, adjudication, dispositions, and the future of juvenile justice.
Shoemaker Named Recipient of the Ray H. Bunger Memorial Award for Excellence
17 Aug 2017
Professor Jessica Shoemaker is the 2016-2017 recipient of the Ray H. Bunger Memorial Award for Excellence. This Award is an annual award chosen on the basis of demonstrated excellence in teaching, research, academic promise, and achievement related to the fulfillment of the research and teaching mission of the University of Nebraska College of Law. The donor for this award gave this gift to commemorate the life of the donor’s father, Ray H. Bunger, who was a lifelong devoted supporter of the University of Nebraska. He sent his three sons to the University of Nebraska for varying periods and several of his grandchildren also received education at the University. He firmly believed that “a good education is something that can never be taken away from you.” He was President of the Franklin County School District #44 and Secretary of the Board of Upland COOP Credit Association.
This year, Professor Shoemaker published an outstanding article in the Michigan Law Review and continues to gain recognition nationally for her cutting-edge approach to land tenure issues on Native American land. Professor Shoemaker’s teaching remains highly successful and this year she also added Wills and Trusts. On top of this, Professor Shoemaker’s students rave about her teaching and the amount of individual feedback she provides. Professor Shoemaker has worked hard to sponsor externships with four tribal governments to provide a tangible positive experience for our upperclass students that helps build their professional portfolio, which she does in addition to her significant service work with the Rural Futures Institute.
Denicola Named Recipient of the John H. Binning Award for Excellence
17 Aug 2017
Professor Rob Denicola is the 2016-2017 recipient of the John H. Binning Award for Excellence. This award is provided annually to a professor who excels in teaching, research or public service. This year Professor Denicola completed a new edition of his casebook and had an article published in the Rutgers Law Review. Professor Denicola also continues to provide wonderful service to the law school, the University, and beyond. He serves as the Chair of the admissions committee, helping to identify the right students for Nebraska Law, and his teaching receives some of the highest praise from his students.
Keist, '77, Named Chairman of the Board and President of Gospel Justice Initiative
15 Aug 2017
Nebraska Law’s Delta Theta Phi Chapter Wins Most Improved Senate at National Convention
14 Aug 2017
The Nebraska Law Chapter of Delta Theta Phi (DTP) International received the award for Most Improved Senate at the national organization’s 2017 Convention and Leadership Conference. The award recognized recruitment and an increase in members during the 2015-2016 academic year. There are 37 senates at law schools around the country.
In addition, 3L Dayna Langdon took second place in the oral advocacy competition at the 2017 Convention and Leadership Conference.
Nebraska Law expands offerings with patent, trademark office partnerships
11 Aug 2017
Two new partnerships between the University of Nebraska College of Law and the U.S. Patent and Trademark Office will give Husker law students a new way to practice intellectual property law, while providing area entrepreneurs and inventors the help they need with applications and issues.
On Aug. 14, Nebraska Law students in the Weibling Entrepreneurship Clinicwill begin practicing trademark law before the patent and trademark office. Nebraska Law recently joined 50 other law schools in the United States in being selected for the office’s Law School Clinic Certification Program.
Brett Stohs, the Cline Williams Director of the Weibling Entrepreneurship Clinic at Nebraska Law, said Husker students will gain experience drafting and filing trademark applications for their clinic’s clients. Authorized to practice before the federal patent and trademark office under faculty supervision, they also will gain experience answering “office actions” – when USPTO raises an issue with a client’s application – and communicating with trademark examining attorneys for applications that they have filed.
Clients will also benefit, receiving priority service from dedicated program examiners at the trademark office, Stohs said.
Later this fall, the college also will become a complete resource for entrepreneurs and inventors looking for help with trademark filings and preliminary patentability searches. The Schmid Law Library at McCollum Hall will become the state’s Patent and Trademark Resource Center.
Richard Leiter, director of the law library, said Schmid reference librarians are well positioned to help clients research complicated legal issues, including the search of patent and trademark databases. Librarians also will offer training and information sessions about available resources.
“As the only resource center serving the state, we have a responsibility to ensure Nebraskans have the intellectual property law resources they need,” Leiter said
Zellmer’s Article Published in Rocky Mountain Mineral Law Foundation Journal
07 Aug 2017
Professor Sandi Zellmer’s article, The Changing Nature of Private Property Rights to Federal Resources, was published in the Rocky Mountain Mineral Law Foundation Journal. The article’s abstract appears below.
In early 2016, a 41 day long armed standoff between armed militants and county, state, and federal law enforcement agencies at the Malheur National Wildlife Refuge ended with one death and the prosecution of over two dozen individuals for abuse of government property, conspiracy, and related charges. It started when the Hammonds, who held federal grazing permits to run their cattle on Bureau of Land Management (BLM) land near the Refuge, were charged with arson for starting fires on federal land. When the Hammonds were convicted for the incident, another notorious ranching family from Nevada, the Bundys, organized the Malheur occupation to protest heavy-handed government interference with their property rights.
The Malheur occupation raises questions concerning the extent of private interests in federal lands and resources, and whether, how, and when such interests can be restricted or terminated by the United States. Permittees, licensees, lessees, and concessionaires have asserted a wide array of claims to timber, water, wildlife, rights-of-way, grazing permits, minerals, and even ski resorts and recreational outfitting activities. A contentious oil and gas lease in the Badger-Two Medicine area near Glacier National Park is a prime example. When the BLM cancelled the lease, citing environmental and cultural concerns, the developer, Solenex, sued, arguing that the BLM's decision is ultra vires and violates its rights. [FN1] A few months later, the BLM canceled fifteen additional oil and gas leases in the Badger-Two Medicine area, playing into industry advocates' fear that the Solenex decision has set a dangerous precedent for other companies who have waited years--in some cases decades--for access to their leaseholds.
This paper examines the nature of private interests in federal lands and resources, and how these interests are treated under federal law and policy. The first Part describes an array of disputes, from grazing to mineral development to ski resorts. Part II details the law of private interests in federal lands and natural resources. The Property Clause is addressed in Part III. Part IV goes beyond the letter of the law to tease out the subtext underlying the durability of private claims.
Engelkamp, ’17, Wins National Employee Benefits Writing Competition
20 Jul 2017
Alexander Engelkamp, ’17, won the 2017 Sidney M. Perlstadt Memorial Award in the American College of Employee Benefits Counsel’s Thirteenth Annual Employee Benefits Writing Competition. Engelkamp’s winning submission was entitled “Approaching Paid Sick Leave: Compliance or Preemption?” He will receive the award at the Counsel’s annual black tie induction dinner on Saturday, October 14, 2017 in San Francisco, Cal.
Amen, '87, Named Assistant Vice President & Trust Officer in Personal Trust and Wealth Management
19 Jul 2017
Union Bank & Trust recently hired Vicky Amen, '87, as Assistant Vice President & Trust Officer in Personal Trust and Wealth Management.
Amen brings nearly 30 years as a Nebraska licensed attorney to Union Bank. She most recently served as general counsel for an Omaha company while maintaining a private law practice focused on business law, real estate, and estate planning. Amen serves as a relationship manager, assisting clients with all aspects of trust and estate administration.
She holds a Bachelor of Arts, magna cum laude from Oral Roberts University, and a Juris Doctor from the University of Nebraska College of Law. She is a member of the Lincoln, Nebraska State, and American Bar Associations, as well as a speaker on business law, business succession, and estate planning.
Union Bank & Trust is a privately owned, Nebraska bank that offers complete banking, lending, investment and trust services. 2017 is the Bank’s 100th anniversary with a focus on serving customers for the next 100 years. It is the third-largest privately-owned bank in Nebraska with bank assets of $3.6 billion and trust assets of $16.5 billion as of December 31, 2016.
Gilg, '77, Joins Time Health Management
19 Jul 2017
Time Health Management is pleased to announce that Former United States Attorney for Nebraska, Deborah R. Gilg, '77, has joined the company as Vice-President, General Counsel and Chief Operating Officer. Gilg, the first female US Attorney in Nebraska history, will be instrumental in the development of this growing multispecialty clinic focused on exceptional patient experiences and coordinated medical care. Time Health Management is a Nebraska corporation that focuses on preventative wellness medical practice, direct primary care, and employer based insurance care.
Gerard Stanley, Jr., M.D., the CEO of Time Health, states, “Mrs. Gilg brings a wealth of managerial and administrative experience to our organization as well as extensive experience from defense of medical malpractice claims against the Veteran’s Administration, workmen’s compensation medical claims issues and plaintiffs private personal injury lawsuit experience. Her insights into healthcare delivery are both insightful and a breath of fresh air. We are pleased to welcome her to a high level position as well as an ownership interest in our rapidly expanding organization.”
Glaser, '11, Promoted to Partner
17 Jul 2017
Jordan T. Glaser, '11, has been promoted to partner at Peters Law Firm in Council Bluffs, Iowa. Glaser was born and raised in Omaha and joined the law firm in August 2011 after graduation from the University of Nebraska College of Law. He and his wife and son live in Council Bluffs. Glaser is admitted to practice in Iowa, Nebraska and the Federal District Court for the Southern District of Iowa. He focuses his practice on personal injury, workers' compensation, criminal defense and divorce. He is currently a board member of the Council Bluffs Housing Trust Fund and the Mercy Charitable Council. Peters Law Firm is a general practice firm with offices in Council Bluffs and Neola, Iowa.
Binstock Israel, '11, Named to Super Lawyers 2017 Great Plains Rising Star List
12 Jul 2017
Attorney Christa Binstock Israel, '11, was recently selected to the Thomson Reuters Super Lawyers Rising Stars List in the practice area of Workers' Compensation (Great Plains). The Super Lawyers' Rising Stars list recognizes attorneys 40 years old or younger or who have been practicing law for 10 years or less who have attained a high degree of peer recognition and professional achievement. The selection process includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. No more than 2.5 percent of attorneys in the state are selected for this honor. A description of the selection methodology can be found here.
Christa has been with Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O. since 2009 and represents individuals, employers, and insurance companies in workers' compensation trial and appellate cases, personal injury cases, and medical malpractice cases. Her experience includes cases involving back injuries, neck injuries, shoulder injuries, spine injuries, brain injuries, and complex psychological and cardiac injury cases. Christa strives to represent her clients as she would want her family and friends to be represented. Her clients have described her as honest, knowledgeable, caring, responsive, and detailed in her work.
Blankley's Article Published in Gonzaga Law Review
11 Jul 2017
Associate Professor Kristen M. Blankley just published Is a Mediator Like a Bus? How Legal Ethics May Inform the Question of Case Discrimination by Mediators in the Gonzaga Law Review. This Article examines both mediator and legal ethics on the question of the permissible reasons why professionals may refuse to serve clients who ask for their services. Ultimately, the Article encourages honest self-reflection by mediators to avoid bias and adversely impacting the legal rights of the participants.
Vetter named Yeutter Institute diplomat in residence
06 Jul 2017
Ambassador Darci Vetter, former chief agricultural negotiator at the Office of the U.S. Trade Representative, has been named diplomat in residence at the University of Nebraska-Lincoln.
In her new role, Vetter will work with leadership from the university's College of Law, College of Business and Institute of Agriculture and Natural Resources to launch the Clayton K. Yeutter Institute of International Trade and Finance.
"The vision of the Yeutter Institute is to educate people on international markets and trade, a space where Nebraska is a major player due to its agricultural contributions," said IANR Harlan Vice Chancellor Mike Boehm. "Darci Vetter is one of the world's foremost experts in trade and we look forward to her visionary input in facilitating conversations surrounding economic vitality related to international trade and the role Nebraska plays."
As chief agricultural negotiator from 2014 to 2017, Vetter led bilateral and multilateral trade negotiations on agriculture, including negotiating the Trans-Pacific Partnership agreement’s agricultural package. Vetter also brings experience at the U.S. Department of Agriculture and on Capitol Hill to her new role. She oversaw the USDA's export promotion and international development programs as deputy under secretary and advised the Senate Finance Committee on trade issues related to agriculture, the environment and labor. She began her trade policy career as a civil servant at the Office of the U.S Trade Representative, covering agriculture and environmental issues. Vetter received her Master of Public Affairs degree and a certificate in science, technology and environmental policy from Princeton University and her undergraduate degree from Drake University in Des Moines. Vetter grew up in Nebraska on a family farm, and she said she looks forward to returning to her home state to help shape the Yeutter Institute.
"Clayton Yeutter's work formed the foundation that guides the way we negotiate in a global marketplace," Vetter said. "The Yeutter Institute provides a tremendous opportunity to shape the next generation of leaders in international trade and global finance, and I look forward to using the lessons I learned from Clayton to help launch it."
The university and the University of Nebraska Foundation have been conducting private fundraising for the planned institute, which is pending Board of Regents approval. A renowned trade expert and Nebraska alumnus, Yeutter made a $2.5 million leadership gift through outright and planned gifts to establish the Clayton K. Yeutter International Trade Program Fund at the foundation.
Yeutter, who died in March at 86, held three cabinet-level posts for two U.S. presidents. He was counselor for domestic policy and secretary of agriculture for President George H.W. Bush and U.S. trade representative for President Ronald Reagan. Most recently, Yeutter was senior adviser of international trade for Hogan Lovells, LLP, in Washington, D.C., one of the nation's oldest and largest law firms. He was born in Eustis and spent 18 years operating a 2,500-acre farm, ranch and cattle-feeding enterprise in central Nebraska.
"Clayton Yeutter had a profound influence on his alma mater, the state of Nebraska, our nation and the world through his leadership in trade and agriculture," Chancellor Ronnie Green said. "His legacy will live on for years to come as the Yeutter Institute produces graduates uniquely prepared to provide leadership in the global marketplace immediately upon receiving a degree from Nebraska."
Last fall, the university announced three endowed chairs will be established as the foundation of the Yeutter Institute. The Duane Acklie Chair will be in the College of Business; the Michael Yanney Chair will be in the Institute of Agriculture and Natural Resources; and the Clayton Yeutter Chair will be in the College of Law.
Story: University Communication
Henderson, '78, Inducted into International Academy of Trial Lawyers
05 Jul 2017
Robert Henderson, '78, Financial and Securities Litigation Practice Chair for Polsinelli, has been selected as an inductee into the prestigious organization, International Academy of Trial Lawyers (IATL). The IATL is considered to be one of the most recognized and elite group of U.S. and international trial lawyers in the world.
“Bob has earned a reputation for executing at the highest level of professionalism,” said Polsinelli Chairman and CEO Russ Welsh. “He is an exceptional trial attorney and is very deserving of this distinguished honor.”
Membership to the IATL is exclusive, by invitation-only, and is limited to 500 active trial lawyers from the United States. Inductees are selected through a comprehensive screening process that includes both peer and judicial review. Fellows of the IATL are also selected for their social attributes, including pro bono work, teaching trial techniques and contributing an abundance of time and resources to their communities.
“I consider it a tremendous honor to be inducted into the IATL, an organization with a membership that I hold in high esteem,” Henderson said. “I am humbled by this recognition, and have to share credit with my outstanding colleagues and the leadership team at Polsinelli who have contributed in ways large and small to the success of our commercial litigation practice.”
Henderson has been a trial attorney for 40 years, representing industry, government, national non-profits and individuals in cutting-edge litigation. He has represented Fortune 500 companies and has successfully tried jury cases across the country. Henderson has counseled clients in a variety of areas, such as the protection of intellectual property, regulatory affairs and risk management. He also has a national and international mediation and arbitration practice.
Henderson’s induction into the IATL adds to his long list of achievements, including his previous induction into the American College of Trial Lawyers, being recognized by Best Lawyers® as one of the Best Lawyers in America® in four categories for more than 14 consecutive years, and "Best of the Bar" in Litigation by the Kansas City Business Journal, to name a few.
Henderson is also a member of the Missouri Supreme Court Committee on Jury Instructions, Federation of Defense and Corporate Counsel and is an American Bar Foundation Fellow, National Board Member for the American Board of Trial Advocates and was named Dean of the Trial Bar by the Kansas City Metropolitan Bar Association (2016).
Zellmer’s Article Published in Wake Forest Law Review
05 Jul 2017
Professor Sandi Zellmer’s article, Takings, Torts, and Background Principles, was published in the Wake Forest Law Review.
Perhaps more than any other type of temporary physical occupation, flood cases raise a slough of critical issues regarding the management of vulnerable floodplain and coastal properties and compensation for government actions that affect those properties. Unpacking these issues requires a deep assessment of the interrelated concepts of torts, takings, and property. The threshold inquiry is whether the claims should be characterized as torts, which warrant dismissal under sovereign immunity in most cases, or a taking. The federal courts have blurred the lines between the two types of claims such that they are almost indistinguishable. Determining which type is being invoked — common law tort or constitutional taking — may be clarified considerably, and the nature of government action may be illuminated, with a test that differentiates between purposeful appropriations for public benefit, undertaken with intent or substantial certainty of the consequence to the claimant’s property, and government actions involving some diffuse risk of impact. Then, if the claims are takings rather than torts, both the nature of the government action and the parameters of the claimant’s property interest will be at issue. The ability to develop vulnerable areas may be prohibited as an inherent restriction under background principles of property law such as public nuisance and public trust. In addition, when landowners have received extensive benefits through government flood control programs that, on balance, provide more benefits than losses, there can be no viable takings claim when the floodwaters exceed the capabilities of those projects. With these clarifications, officials at all institutional levels may be willing to make more proactive decisions to operate their flood control structures to better protect vulnerable areas and human and ecological communities and to mitigate the effects of unsustainable development.
Taylor, '02, Named to Leadership Music's Class of 2018
27 Jun 2017
Leadership Music recently selected Stites & Harbison, PLLC attorney Stephanie Taylor, '02, as one of 49 industry leaders to join the Class of 2018. The annual program offers a forum for established music industry leaders to identify and explore various issues affecting the music industry and build lasting relationships with classmates and alumni.
Taylor is an entertainment and music industry attorney based in Stites & Harbison’s Nashville office. Since graduating from law school, she has been involved extensively in both the creative and business side of the music industry. Taylor spent nearly two decades performing as a professional violinist and fiddle player, all while building a vibrant entertainment law practice.
As an attorney with Stites & Harbison, Taylor provides a broad range of legal services to clients involved in the creation, production and management of creative works. She focuses on the special needs of the entertainment industry, including copyright law, music publishing, record labels, media, television, radio and general business matters.
Leadership Music is a non-profit educational organization founded in 1989 whose mission is to cultivate a forward-thinking community of leaders who impact the creative industry.
Olivera, '07, Named Partner at Schwartzkopf Schroff & Tricker
27 Jun 2017
Kimberly Olivera, '07, was named partner in the Lincoln law firm of Schwartzkopf Schroff & Tricker. Kimberly's primary areas of practice include estate planning, estate and trust administration, business transactions, and real estate.
Kadavy, '02, establishes Trail Ridge Wealth Management
27 Jun 2017
Jeff Kadavy, '02, founded Trail Ridge Wealth Management (TrailRidgeWM.com), which provides financial planning, investment management, and trust, estate, and other fiduciary services for individuals and families. Owned entirely by its officers, the firm has offices in Denver and Fort Collins, Colorado, and Cheyenne, Wyoming. Jeff serves as President & Chief Executive Officer.
Gobel Awarded Peggy Browning Fellowship
15 Jun 2017
The Peggy Browning Fund has awarded a 10-week summer fellowship to Christian Gobel, a second-year student at University of Nebraska College of Law. Christian will spend the fellowship working at Service Employees International Union (SEIU) in Washington, DC. The application process is highly competitive, and the award is a tribute to his outstanding qualifications.
In 2017, the Peggy Browning Fund will support over 80 public interest labor law fellowships nationwide. Securing a Peggy Browning Fellowship is not an easy task, with nearly 400 applicants this year competing for the honor. Peggy Browning Fellows are distinguished students who have not only excelled in law school but who have also demonstrated their commitment to workers’ rights through their previous educational, work, volunteer and personal experiences. Christian certainly fits this description.
Growing up with union family members in the Nebraska State Education Association and the Ironworkers Local 21, Christian was raised with the value that organized labor ensures workplace fairness. Working side by side with union organizers on Democratic political campaigns furthered his interest in pursuing a career in helping working people. His first clerkship upon completion of his 1L year was at Nebraska Appleseed in the Immigrants & Communities Program. His time there was focused on researching litigation techniques and legal theories to alleviate deplorable working conditions and hostile work environments faced by immigrant workers in the meatpacking and poultry plant industries. During his most recent semester, Christian clerked at Norby & Wade, a firm that serves as legal counsel to the Nebraska State Education Association.
The Peggy Browning Fund is a not for-profit organization established in memory of Margaret A. Browning, a prominent union-side attorney who was a member of the National Labor Relations Board (NLRB) from 1994 until 1997. Peggy Browning Fellowships provide law students with unique, diverse and challenging work experiences fighting for social and economic justice. These experiences encourage and inspire students to pursue careers in public interest labor law.
To learn more about the Peggy Browning Fund, contact Mary Anne Moffa, Executive Director, by phone at 267-273-2992 or by email at mmoffa@peggybrowningfund.org, or visit www.peggybrowningfund.org.