News Archive

Gardner's Article Published in Tennessee Law Review

11 Jul 2016

Professor Martin Gardner's article, Youthful Offenders and the Eighth Amendment Right to Rehabilitation: Limitations on the Punishment of Juveniles, was published in the Tennessee Law Review.

In the article, Gardner argues that in light of a recent series of cases disallowing capital punishment and life sentences without parole (LWOP), as cruel and unusual under the Eighth Amendment when applied to juveniles, the Court has now recognized that young people, specifically adolescents, uniquely possess the constitutional right to a meaningful opportunity to be rehabilitated. This right is based on the Court's identification of adolescents as, among other things, singularly amenable to rehabilitation, thus designating them a categorically distinct class from adults. Specifically, Gardner shows, the Court's decisions logically extend beyond LWOP sentences and strongly suggest that it is now unconstitutional to punish adolescent offenders with any sentence of imprisonment without providing for their possible rehabilitation.

Recent graduates assist with mediation training for Winnebago Tribe

07 Jul 2016

In June, three recent graduates, Mary Rose Richter, Tiffany Thompson, and John Duggar, assisted Office of Dispute Resolution Director Debora Denny, '80, in a basic mediation training (BMT) for the Winnebago Tribe. All three of these students have significant mediation training and experience, and they were an integral part of the success of the training. The BMT held in June is a required prerequisite for Family Group Decision Making training to be held later this summer. The Winnebago Tribe’s Human Services Office is implementing a five-year grant in which mediation and Family Group Decision Making are the evidence-based processes being used to achieve permanency for children in foster care. Family Group Decision Making (FDGM) is based on the indigenous New Zealand Maori way of extended family coming together to talk and make its own family decisions on how to care, nurture and raise children whose parents are abusing or neglecting them. Denny has practiced and trained the Maori model of FDGM for nearly two decades, including working with families and professionals in the Winnebago Tribe. The Office of Dispute Resolution BMT manual was written and developed by Kathleen Severens, '81, who was the first director of the Office of Dispute Resolution. Richter, Thompson, and Duggar provided excellent coaching to the Winnebago trainees, expanding the trainees’ exposure to differing mediator styles.

Cunningham, '05, Joins University of Minnesota Athletics

05 Jul 2016

The University of Minnesota named John Cunningham, '05, as the Deputy Athletics Director for Administration.

Cunningham will oversee the day-to-day administrative operations of the department, a role which will include working with all 25 Gopher programs and external units, as well as sport administrator responsibilities. He comes to Minnesota from Syracuse, where he also served as the Deputy Athletics Director for Administration.

Prior to his tenure at Syracuse, Cunningham served in a variety of roles in the athletics departments at Boise State, Texas Christian (TCU) and Maryland, contributing to successes across many of the athletic programs at all three institutions.

A 2001 TCU graduate, Cunningham received a law degree from Nebraska Law in 2005. He will be joined in Minnesota by his wife, Caitlin, and their sons, Gus and Hank.

Longo, '86, in as interim dean at UNK

27 Jun 2016

The College of Natural and Social Sciences at the University of Nebraska at Kearney will now be led by political science professor Peter Longo, who takes over as interim dean July 1.

Senior Vice Chancellor for Academic Affairs Charles Bicak announced John La Duke’s resignation from the dean position today.

Bicak said a search for permanent dean will begin in fall 2017, with a plan to have a new dean in place in July 2018. That allows Longo to hold the interim dean post for two years.

Longo joined the faculty at UNK in 1988 and is a tenured full professor in Political Science. He served as department chair from 1990-99 and 2003-07. He served as interim dean for the Division of Student Affairs in 2007-08. Longo also served as Honors Director (2001-03) and as faculty assistant to the Senior Vice Chancellor (1999-2001).

Longo received a bachelor’s in history from Creighton University (1980); a J.D. (1982) from the University of Nebraska-Lincoln College of Law and a Ph.D. (1986) in political science from UNL.

“Peter has had an array of successful teaching, scholarly activity and administrative experiences,” Bicak said. He currently serves as editor for the journal “Great Plains Research,” the Natural and Social Sciences’ publication of the University of Nebraska Center for Great Plains Studies. “He will work well with all departments and programs to ensure the continuing success of College of Natural and Social Sciences faculty in teaching, scholarly activity and service.”

“The College of Natural and Social Sciences is a strong and vibrant community of faculty, students and staff,” Bicak said. “I expect the already high quality of the College to continue to be elevated under Dr. Longo’s leadership. I’m grateful to Dr. La Duke for his passion for the College and his tireless enthusiasm for UNK. His positive contributions in leadership of the College are greatly appreciated.”

Writer: Todd Gottula, Director of Communications, University of Nebraska Kearney

Berger Tours Iowa to Discuss Judge Merrick Garland

21 Jun 2016

Professor Eric Berger was in Iowa last week discussing the qualifications of Judge Merrick Garland. Berger was a law clerk for Judge Garland from 2003-2004.

Media coverage is available below.

KCCI (CBS) Des Moines

Funke, '94, Appointed to Nebraska Supreme Court

16 Jun 2016

Judge Jeffrey Funke, '94, has been appointed to the Nebraska Supreme Court by Governor Ricketts.

Funke has been a judge since 2007, when he was named to the bench in Sarpy County. He was appointed district judge in 2013. Before serving on the bench, Funke worked in private practice, served as a county attorney and as a public defender.

Funke was one of seven applicants who sought the position to replace Justice William M. Connolly. He will be the sixth Nebraska Law graduate currently sitting on the Nebraska Supreme Court.

Obituary | Lawrence "Larry" Berger

24 May 2016

Lawrence "Larry" Berger, 88, emeritus professor of law, died May 22 in Cincinnati, Ohio.

Berger, A Korean War veteran who served in the United States Coast Guard, was a faculty member in the University of Nebraska College of Law from 1960 to his retirement in 2002. He received a Bachelor of Science in economics from the University of Pennsylvania in 1949 and a Juris Doctorate from Rutgers University in 1952.

He served as a legal officer in the U.S. Coast Guard from 1953 to 1956, and practiced law in New Jersey from 1956 to 1959. In 1959, Berger was appointed a teaching fellow at Rutgers University Law School.

Berger joined the NU College of Law in 1960 as an assistant professor and advanced to full professor by 1964. He was a visiting professor of law at the University of Minnesota in 1969-1970 and UCLA in 1974-1975.

While an NU faculty member, Berger published numerous articles in the field of real property, his major area of specialization. He taught in the real estate transactions and accounting areas, and served on many university committees.

The Berger-Harnsberger wing of the NU College of Law was dedicated in honor of Berger and his friend, Dick Harnsberger, in 1990.

In 1998, the Nebraska Law Review published a symposium issue in honor of Berger. An introductory piece written by then law college dean Harvey Perlman, who recently stepped down after 15 years as chancellor of the University of Nebraska–Lincoln, said Berger's time at the NU College of Law was remembered by alumni as the "Berger Era."

"(Larry) leads the faculty, both by his word and deed, toward recognition of the importance and imperative of scholarship and publication," Perlman wrote in the Nebraska Law Review publication. "No member of the faculty is more loyal and committed to the future of the college than he. As he has for almost 40 years, he continues to demand excellence from both his students and his colleagues."

Berger was active on the Association of American Law Schools' committee on small law schools and the advisory committee to the Journal of Legal Education.

Berger is survived by his wife, Betsy Berger; daughter, Nancy Berger of Sunrise, Florida; son, Andrew Berger and his wife, Linda, of Cincinnati; son, James Berger and wife, Vicki, of Ogden, Utah; brother Bernard Berger and his wife Inez; and grandchildren, Laura, Daniel, Timothy, Julia, Hannah, John and Michael Berger.

Services are May 25 in Cincinnati. In lieu of flowers, the family requests memorial contributions be made to the University of Nebraska College of Law, P.O. Box 830902, Lincoln, NE 68583. An official obituary is available here.

Written by: University Communications

Lenich Discusses County Court Process with Lincoln Journal Star

17 May 2016

Professor John Lenich responded to a Lincoln Journal Star editorial board proposal regarding medical debt collection. Lenich proposes that rather than raising filing fees, the courts consider increasing the allowable wage garinshment amounts.

Read full article.

Shoemaker Elected to the Center for Great Plains Studies Board of Governors

10 May 2016

Professor Jessica Shoemaker was recently elected by the fellows of the Center for Great Plains Studies to serve a three-year term on the Center's Board of Governors. The Center for Great Plains Studies is focused on the study of the people and environment of the Great Plains. The Center publishes two different journals, presents regular interdisciplinary leactures and symposia, and operates a host of scholarly and outreach projects, including the Great Plains Art Museum in downtown Lincoln, the PLains Humanities Alliance and a graduate student, faculty, and community fellows program.

Nebraska Law Named in Top LL.M. Programs for Career Opportunities and Value

06 May 2016

Nebraska Law has been named one of the top LL.M. programs for career opportunities, and one of the top LL.M. programs for value in the most recent edition of International Jurist.

Ratings for LL.M. programs with excpetional career opportunities were determined by job placement rate, job search help and networking opportunities. They also take into account practical experiences such as clinics, externships and law journals.

Ratings for the top value LL.M. programs were determined by evaluating tuition cost, the cost of living, and scholarship availabilty. The net cost of each school was then balanced against the quality of the school's academics and the overall law school experience.

Learn more about Nebraska Law's LL.M. programs on our website.

Medill's Article Accepted by Employee Rights and Employment Policy Journal

18 Apr 2016

Professor Colleen Medill’s article, Comparing ERISA and Fair Labor Standards Act Claims Under the Affordable Care Act, has been accepted for publication by the Employee Rights and Employment Policy Journal. The article explains how the employer mandate under the Affordable Care Act creates incentives for retaliatory employment actions by employers, and then compares and contrasts the strategic advantages and disadvantages of asserting employee claims under ERISA Section 510 and Fair Labor Standards Act Section 18C. The article concludes by discussing the major factors that initially should be evaluated for each type of claim when determining the plaintiff’s litigation strategy.

Neilsen Wins American Bar Association Forum on Construction Student Writing Competition

18 Apr 2016

Jeremy Neilsen, 3L, won the 2015 American Bar Association Forum on Construction Student Writing Competition with his paper 21st Century Application of the Spearin Doctrine. Neilsen will be recognized at the Forum's annual meeting and in their newsletter, Under Construction.

Nate Bray, 3L, was named a finalist and received second place in the same writing competition with his paper Project Counsel in an Online Construction Industry.

Schmidt Wins 2015-16 Louis Jackson National Student Memorial Writing Competition in Employment and Labor Law

15 Apr 2016

Chris Schmidt, 3L, won the 2015-2016 Louis Jackson National Memorial Student Writing Competition with his paper A Ticket to Free Ride? Not so Fast: Members-Only Collective Bargaining as a Possible State Response to a Judically Recognized Right to Work. The competition, sponsored by national labor and employment law firm Jackson Lewis is administered by IIT Chicago-Kent College of Law's Institute of Law and the Workplace. Schmidt's paper is available on the competition website.

Blankley Receives Public Policy Center Grant

14 Apr 2016

Professor Kristen Blankley was recently awarded a $5,000 grant to work with the University of Nebraska Public Policy Center on the project “Using Motivational Interviewing to Enhance Autonomy, Trust, and Parenting Plan Effectiveness.” In the project, Professor Blankley and the Public Policy Center will train local mediators on the techniques of motivational interviewing and determine whether these skills enhance the mediation process in cases under the Nebraska Parenting Act.

Denicola's Article Accepted by Rutgers University Law Review

11 Apr 2016

Professor Robert Denicola's article, Ex Machina: Copyright Protection for Computer-Generated Works, has been accepted by the Rutgers University Law Review.

Many of the sports and financial news stories on the Internet are written by computers. Computers also draw, paint, and compose music. Copyright law requires an identifiable human author because authors own copyrights and computers do not possess the personhood necessary to own property. The Copyright Office and some courts and commentators go further, demanding that the copyrightable expression in a work emanate from a human being. That requirement denies the incentive of copyright to an increasingly large group of works that are indistinguishable from works created by human beings. The article argues that a computer user who initiates the creation of computer-generated expression should be recognized as the author and copyright owner of the resulting work.

Thimmesch's Article Accepted by Denver Law Review

07 Apr 2016

Professor Adam Thimmesch's article, Transacting in Data: Tax, Privacy, and the New Economy, has been accepted for publication by the Denver Law Review. The article evaluates how the collection and use of personal information in today's economy intersect with our domestic tax instruments. That analysis provides insights into how our tax systems might react to the new data economy and into how our nation's tax laws might act to discourage innovations to the internet ecosystem that would be more protective of personal-privacy interests.

Stohs' Article Accepted by New York Law School Law Review

05 Apr 2016

Professor Brett Stohs has continued to research interests in the application of electronic mind mapping to clinical legal education. His manuscript, “Oh What a Tangled Web We Weave: Mind Mapping as Creative Spark to Optimize Student & Client Assignments in a Transactional Clinic,” has been accepted for publication in the New York Law School Law Review as part of its special issue on how clinics and experiential learning have developed into an integral part of modern legal education. He continues to use this innovative tool to improve learning outcomes for students and clients who participate in the Entrepreneurship Legal Clinic.

Nebraska Law Professors Speak Around the World

04 Apr 2016

Professor Sandra Zellmer presented Facing Floods and Climate Change While Reforming Disaster Law at the University of Missouri Life Sciences & Society Program 12th Annual Symposium on March 7, 2016. Zellmer also presented at the UNL Honors College Colloquium: Discussions of Science and Public Policy.

On March 16, 2016, Professor Frans von der Dunk spoke at the 2nd ICAO/UNOOSA Symposium in Abu Dhabi. The presentation outlined the definition of "Space Object" in the context of impending private commercial spaceflight operations. On March 17, 2016, von der Dunk led a session at the Young Lawyers Symposium organized by the European Center of Space Law (ECSL). Finally, on March 18, 2016, von der Dunk co-chaired the ECSL's Practitioners' Forum, discussing the explotation of natural resources in outer space.

Professor Brett Stohs hosted a brief presentation at the Southeast Community College Entrepreneurship Center. The weekly coffee is an opportunity for small business owners, startup owners and companies that serve small businesses to come together for a brief presentation and relaxed networking.

Professor Jessica Shoemaker spoke at Harvard Law School's "Just Food? Forum on Land Use, Rights and Ecology" on Friday, March 26, 2016. Shoemaker presented as part of the "Native American Law Rights Panel". The panel incorporated a range of perspectives, including experts engaged in Navajo Nation food policy specifically as well as UN-level work on food security and cultural land relationships around the Arctic Circle with the Inuit Circumpolar Council. Shoemaker spoke specifically on U.S. federal policy in American Indian land tenure—both historically and currently--and discussed strategies for grassroots property reforms going forward.

Professor Anthony Schutz presented "The Nebraska Constitution" at the Center of Great Plains Studies on March 16, 2016. The discussion examined the complex relationship between constitutional change and its impact on public policy.

As part of Nebraska Law’s Space, Cyber and Telecommunications Law LL.M. program outreach in space education, Professor Schaefer guest lectured or taught a mini-course on regulating and incentivizing commercial space activities at three law schools in January and February 2016 with space law and aerospace industry interest. The lectures/mini-courses, some in-person and some online, focused on three problem sets – one involving liability issues, one involving space debris remediation, and one involving asteroid mining with litigation, negotiation, and legislation modules. Professor Schaefer previously taught a similar mini-course at Washington University in St. Louis in September 2014.

In March, Professor Bill Lyons taught a course in United States individual income taxation at the International Tax Center at the University of Leiden. Lyons has been teaching at the International Tax Center for several years.

Professor Rick Duncan gave several presentations this quarter. The first, Is the University Still a Free Market for Ideas: Free Speech vs. Censorship on Campus, was on March 1, 2016 at the University of Kentucky Law School. Duncan also presented Hobby Lobby Round Two: Can The Little Sisters of the Poor Knock Out the Contracecptive Mandate, at New York University Law School on March 7, 2016. Professor Duncan gave the same presentation at Cornell Law School on March 22, 2016.

Professor Kristen Blankley presented as part of the Continuing Legal Education Seminiar The Development of the Model Rules of Professional Conduct and Ethical Implications for Transactional Attorneys at Creighton University School of Law. As part of the symposium, Blankley discussed the ethical issues involved in advising clients in ADR options.

Heiliger Awarded Koley Jessen Entrepreneurship Award

01 Apr 2016

The Entrepreneurship Legal Clinic Board of Advisors named Jordan Heiliger the 2016 recipient of the Koley Jessen Entrepreneurship Award.

Heiliger will graduate in May with the Class of 2016. During her time at Nebraska Law, Heiliger served on the Faculty Honor Committee; was the president of the Environmental and Agricultural Law Society; appeals president for the Student Bar Association; a member of the Client Counseling Competition Board; a College of Law student ambassador; and spent the fall semester as a student attorney in the Entrepreneurship Legal Clinic.

The Koley Jessen Entrepreneurship Award was established to recognize Entrepreneurship Legal Clinic students who have demonstrated exceptional legal skills, provided outstanding service to clients and furthered the mission of the Clinic. The firm was founded in 1988 with a vision of creating an environment that would foster trust and teamwork. Through the years, their guiding principles of integrity, client focus, and integrity have created the environment they envisioned years ago. Don Swanson, a partner in that firm, was instrumental in creating the endowed fund for this award.

Dawes, '06, Publishes Book About the Affordable Care Act

30 Mar 2016

Daniel E. Dawes, '06, recently published a book: 150 Years of ObamaCare. In the book, Dawes explores the secret backstory of the Affordable Care Act, shedding light on the creation and implementation of the greatest and most sweeping equalizer in the history of American health care. The book provides an insider's perspective on the contemporary understandings of health reform.

An instrumental player in a large coalition of organizations that helped shape ObamaCare, Dawes tells the story of the Affordable Care Act with urgency and intimate detail. The book explains the law through a health equity lens, focusing on what it is meant to do and how it affects various groups.

Daniel E. Dawes is a nationally recognized leader in the health equity movement and has led numerous efforts to address health policy issues impacting vulnerable, underserved, and marginalized populations. He is a health care attorney and administrator, and serves as the executive director of government affairs and health policy at Morehouse School of Medicine. He is also a lecturer of health law and policy at the Satcher Health Leadership Institute.