Cusic’s Research for the ACLU of Nebraska Draws Attention from Lawmakers
05 Jan 2016
As a result of Theresa Cusic’s (2L) clerkship with the ACLU of Nebraska, a report, “Growing Up Locked Down: Juvenile Solitary Confinement in Nebraska,” has been released. Cusic conducted open records requests, negotiated for information from public officials, and analyzed the findings and other state statutes to generate best practice recommendations under the supervision of Legal Director, Amy Miller, ’96. The report has received attention from local lawmakers and the Omaha World-Hearld.
Cusic’s experience was funded by the Nebraska Public Interest Law Fund (NPILF). NPILF provides grants to law students interested in working in the public interest during the summer.
Beard and Hurwitz Named Cyber Security & Data Privacy Trailblazers
04 Jan 2016
Nebraska Law professors Jack Beard and Gus Hurwitz were named Cyber Security & Data Privacy Trailblazers by The National Law Journal. The list of Trailblazers recognizes people who have helped make a difference in data security and the fight against criminal cyber activity.Beard previously served as the Associate Deputy General Counsel (International Affairs) in the Department of Defense where he was responsible for a variety of legal matters, including those associated with arms control agreements, defense cooperation and basing agreements in the Middle East region, and programs assisting states of the former Soviet Union in the dismantlement of weapons of mass destruction and other nonproliferation activities.
Hurwitz's work builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries. Hurwitz perviously worked as a Trial Attorney with the United States Department of Justice Antitrust Division in the Telecommunications and Media Enforcement Section.
Berger Discusses Death Penalty in Nebraska
17 Dec 2015
Professor Eric Berger participated in a press conference on Wednesday to further discuss the death penalty in Nebraska. Below are some of the articles reporting on that event:Omaha World-Hearld
Lincoln Journal Star
KOLN/KGIN
KLKN
Richard Moberly appointed interim law dean
10 Dec 2015
Richard Moberly has been appointed to the position of interim dean of the University of Nebraska College of Law. Ronnie Green, interim senior vice chancellor for academic affairs, announced the appointment Dec. 9.
Moberly will formally begin the appointment, which is pending approval from the Board of Regents, Feb. 1.
A member of UNL’s law faculty since 2004, Moberly has been associate dean for faculty at the college since 2011. He won the College Award for Distinguished Teaching in 2007. In 2006 and 2011, he was voted Professor of the Year by upperclass law students, while in 2014 he was awarded the College Distinguished Faculty Award from the College of Law Alumni Council.
He will continue his teaching duties during the interim appointment.
“I have had an opportunity to dialogue with the College of Law faculty and staff and have received broad support for Richard’s integrity, foresight, and leadership ability,” Green said. “I am confident that he will provide highly effective leadership as we begin the process to seek a permanent dean.”
Moberly will succeed Susan Poser, who on Dec. 1 announced she had accepted the position of provost at the University of Illinois-Chicago. Poser has been dean of the College of Law since 2010.
“I am honored to serve the College of Law as interim dean,” Moberly said. “There is tremendous energy and momentum at the college as a result of Dean Poser’s excellent work over the last five and a half years. I look forward to working closely with the faculty and staff to continue the school's progress and upward trajectory.”
Before joining the College of Law, Moberly practiced as an attorney with McKenna Long & Aldridge LLP in Atlanta. He earned his bachelor’s degree in history from Emory University and graduated magna cum laude from Harvard Law School, where he was an editor of the Harvard Law Review.
His research interests include employee whistleblower protection and the law of secrecy. Moberly has published numerous articles and book chapters on whistleblowing, including research on national security whistleblowers and codes of ethics, as well as an empirical study Sarbanes-Oxley retaliation claims. The U.S. Secretary of Labor has twice appointed him to the Whistleblower Protection Advisory Committee to the Occupational Safety and Health Administration.
Green said the university will open a national search for the permanent dean position beginning in fall 2016.
Writer: Steve Smith
Heiliger, Sheldon Share Legal Advice with UNK Business Students
09 Dec 2015
Two University of Nebraska at Kearney alumni recently returned to campus to share legal advice to future entrepreneurs.
Jordan Heiliger of Lincoln and Justin Sheldon of Lexington are students in the Entrepreneurship Legal Clinic at the University of Nebraska College of Law. The clinic provides free representation and counsel to early-stage startup business clients across Nebraska.
Under supervision of UNL Professor Brett Stohs, the clinic’s student “attorneys” interact directly with clients to provide legal counseling on a wide range of business law issues. By assisting entrepreneurs when they need help the most, law students are given hands-on opportunities to make a difference in the development of Nebraska businesses.
UNL law students presented, “Intellectual property: How to Protect Your Most Valuable Business Assets,” and gave legal advice to UNK business students.
Heiliger graduated from UNK in 2011 with a bachelor of science in political science and criminal justice, and Sheldon graduated from UNK in 2013 with a bachelor of science in business administration. They will both graduate from the University of Nebraska College of Law in May 2016.
Sheldon: “My family has always been in business. I’ve always been interested in the legal part, so I figured I’d go to law school and cut out the need for an attorney (in the family business).” Sheldon’s family owns franchises in Lexington, Kearney and Lincoln.
Heiliger: “In high school, I was interested in government and law, so I was trying to decide between politics or the legal field. At UNK, I interned for Sen. Johanns, which was a great experience, but I realized I never want to be a politician. So I started working for a law firm and actually stayed there for a couple of years after graduating from UNK to make sure it was what I wanted to do. I loved it, so I went to law school.”
Sheldon: “I took both business law and commercial law with Professor (Bruce) Elder, and that gave me a brief understanding of what we’d be doing in law school. He didn’t sugar coat it. He told us we’d spend two weeks on torte, and we’d spend a whole semester on it in law school. So it gave me a feel for what type of material we’d be learning in law school.”
Heiliger: “I liked the campus. You can walk everywhere. Now that I’m in Lincoln, I’m realizing how nice it was to be on such a small campus. I also liked how close I was to my professors because the student to teacher ratio was so small. I still try and stay in touch with my professors.”
What’s it like to come back to UNK and act as a mentor to students?
Sheldon: “We had a few people come up to us and talk to us about law school so they could be in our shoes a few years down the road.”
What do you hope to do after law school?
Writer: Sara Gibonet, University of Nebraska-Kearney Communications
Legal Clinic Aids Entrepreneurs
09 Dec 2015
The countless legal details involved with launching a business can be overwhelming and decisions have long-term consequences.
Student attorneys in the College of Law’s Entrepreneurship Legal Clinic are helping position Nebraska startups for success, while gaining firsthand experience in transactional law.
Brett Stohs, the clinic’s Cline Williams Director, established the clinic to meet local entrepreneurs’ needs. The early stages of starting a business involve numerous legal decisions that owners may be encountering for the first time, including contract negotiation, employee hiring, regulatory compliance and protecting intellectual property.
Often, budgets and timelines are tight. The Entrepreneurship Legal Clinic pairs third-year law students with aspiring business owners seeking guidance on these and other issues. It’s a win for both parties, said Stohs, assistant clinical professor of law.
“Our goal is to engage student attorneys and push them into a situation where they have to swim in a private firm setting. It’s a great growth opportunity for them,” he said.
Law students learn valuable lessons about culture, communication and client expectations that a classroom can’t replicate, he said. Nearly 60 students have participated in the capstone program.
The Entrepreneurship Legal Clinic typically serves 12 to 15 clients each semester – and many more are waiting in line. When the clinic opened in 2013, most clients were from Lincoln. Now at least one-third come from rural areas, which allows students to learn how to assist clients remotely and expands the clinic’s ability to serve Nebraska.
A range of practical experiences and the diversity of clients give students a clearer idea of what they can achieve professionally, Stohs said.
The clinic shares a tie with the NMotion business accelerator, a mentoring and education program for startups. Stohs is a program mentor, and several NMotion alumni have been clinic clients, including animal health and biometrics company Quantified Ag.
Writer: University of Nebraska-Lincoln Office of Research & Economic Development
Nebraska Law Review Volume 95 Executive Board Announced
08 Dec 2015
The Nebraska Law Review recently held elections for Volume 95. The results are as follows:
The Nebraska Law Review is a student-edited journal that publishes articles authored by professors, judges, student members, and others in the legal profession in four quarterly issues. The Review strives to publish timely, interesting, and informative articles for practitioners and scholars on both local and national levels. Currently, the Review has a national subscription base of law libraries, judges, and lawyers. The Review is directed by an Executive Board of Editors elected by the student members of the Review. The student editors bear primary responsibility for publication of the Review and receive invaluable training in writing, editing, and researching through performing their respective duties.
Follow the Nebraska Law Review on Twitter.
Lierz, Goddard Coauthor Report on Inmate Education
04 Dec 2015
A new report released today by Nebraska Appleseed, titled “Education for Adults in Nebraska Corrections,” examines education in the corrections system in Nebraska and makes recommendations for improving access to education in order to reduce recidivism, improve employment prospects after incarceration, and make the most-efficient use of our federal, state, and community resources.Third-year law student, Alex Lierz, and Nebraska Appleseed Economic Justice Director and class of 2009 alumnus, James Goddard, coauthored the report. Lierz is currently serving as a law clerk for Nebraska Appleseed.
2015-16 National Trial Team Members Announced
01 Dec 2015
The University of Nebraska College of Law National Trial Team was announced on Monday. Students representing Nebraska Law will be: Kelsey Deabler, Kaylyn Krzemien, Danny Marks, Randi Meyer, Sara Rips and Megan Theesen-Fenton.The regional and national competitions involve performing several mock trials of a civil case, including preparing direct and cross examinations, opening statements and closing arguments. Students will focus on evidence, theory, theme, strategy and all aspects of a trial.
The Regional Competition will take place at the University of Wisconsin on February 19-21, 2016, and the National Competition will take place on March 30-April 3, 2016 in Dallas, Texas.
The team is coached by David Dudley and Jarrod Crouse, both of Baylor Evnen.
Access to Justice Task Force Chaired by Blankley Publishes White Paper
23 Nov 2015
Assistant Professor Kristen Blankley was the chair of the American Bar Association Section of Dispute Resolution Access to Justice Task Force last year. That committee produced a 20-page white paper on how alternative dispute resolution can aid in access to justice issues. This work is featured on the Section’s website.
Nebraska Law Team Wins American Agricultural Law Association Quiz Bowl
28 Oct 2015
The Nebraska Law Team of Emily Sisco, 2L, Taylor Fritsch, 2L, and Alissa Doerr, 3L, won the 2015 Ag Law Quiz Bowl at the American Agricultural Law Association annual symposium in Charleston, South Carolina. The team competed against four other teams in a Jeopardy-style competition that tested knowledge of both agricultural law topics and other foundational areas such as property, torts and civil procedure. The team won the competition by defeating the team from Penn State University School of Law in the final round.
Shoemaker Part of the Rural Futures Conference
21 Oct 2015
Professor Jessica Shoemaker will be taking part in the international Rural Futures Conference at Nebraska Innovation Campus, October 21-23, 2015. Shoemaker will present a short TED-style talk (called an Envision Rural talk) on the plenary stage for the roughly 700 participants. She was chosen to given this presentation through a competitive selection process. On the final day of the conference, Shoemaker will speak at a breakout session she helped to organize on rural research agenda issues and specifically how international work is relevant. Shoemaker herself, spent time internationally as part of her grant work on land use planning participation.
Envision Rural talk, Thursday, October 22:
The Public Parts of Private Property: Community Engagement and Rural Design
Rural communities are built upon a series of discrete, individual land use decisions, and public engagement, which can be facilitated by a simulation game called “Plainsopoly,” is a key strategy to inform and connect this decision-making.
Breakout session, Friday, October 23:
Discovering the Future: Charting the Rural Research Path
One key to understanding and advancing rural issues is pursuing a robust research agenda. Panelists will discuss their experiences in working with rural issues, projects and communities in a variety of cultures and countries. An open question and answer session will follow their presentations. This session was developed based on feedback from a thought-leader survey launched by the RFI in 2015 and is designed to serve as a next step in advancing the future of rural through an informed, translational research agenda that embraces diversity and includes an international intent.
In addition to speaking, Shoemaker was also part of the Steering Committee for the conference planning.
8th Annual Space, Cyber and Telecommunications Law Conference
19 Oct 2015
The 8th Annual Space, Cyber and Telecommunications Law Conference, hosted by the University Of Nebraska College Of Law, will be held October 29th and 30th at the Hyatt Regency Capitol Hill Hotel in Washington DC.
The conference discusses U.S. space legislation and cybersecurity policy. The conference will include presentations from the top lawyers and policy-makers at government agencies, such as FAA, FCC, NASA, US State Dept., US Cyber Command, and private corporations, including SpaceX, Virgin Galactic, Planetary Resources, Boeing, Microsoft, and Comcast.
This year, the space law portion of the conference beginning on Thursday October 29th at 2:00pm will include panel discussions of current space legislation. Both the House (HR 2262) and the Senate (S 1297) this Summer passed legislation that would make significant changes to US commercial space legislation but now the bills must be reconciled before becoming law. The last major revisions to US commercial space legislation occurred over a decade ago. New technology and business models for traditional activities, such as communications and earth observation satellites, new activities beginning in earnest in the next year or so, such as space tourism, and additional activities planned to be brought to market in the next decade, such as on-orbit satellite servicing and asteroid mining, all necessitate an updating of US commercial space legislation. Choices that will be made in the legislation will impact the competitiveness of and investment in the US commercial space industry, one of critical importance to the US economy. Among the issues in the bills to be discussed include treatment of liability issues (both third-party and space flight participant), in-space regulatory authority, extension of the “learning period” for human space flight, encouragement of consensus industry standards, property rights and non-interference rights for asteroid mining, and streamlining licensing procedures for space activities. The first panel will focus on various US government agency views on these topics, while the second panel will involve a cross-section of industry views.
Directly following the space law panels all guests are invited to join our faculty and speakers for a networking reception with wine and appetizers at the conference site.
The following day, Friday October 30th, the cyber law portion of the conference begins at 8:00am with a networking breakfast buffet; the panel discussions on cybersecurity begin at 8:45am.
Despite its importance across many domains, cybersecurity is not a well-defined concept. The meaning and scope of cybersecurity problems, and the viability of potential solutions to these problems, differ substantially between, e.g., civilian, criminal, and national security institutions, between large and small businesses, between commercial, infrastructure, and consumer uses. The purpose of this event is to explore what different stakeholders mean when discussing “cybersecurity,” and in particular how these understandings relate to or conflict with one another.
Participants will be asked generally to share their perspective of what “cybersecurity” means -- what problems are encompassed by the term -- and why addressing these problems is difficult. We will pay special attention to discussing what can, and cannot, be done to address these problems, encouraging panelists to explore whether some potential solutions work well across multiple domains or, conversely, whether potential solutions in one domain are problematic to other domains.
Registration is free and available at http://law.unl.edu/annual-conferences
This event will not be streamed online.
Questions and concerns should be directly to the Space, Cyber and Telecommunications Law Program’s Executive Director Elsbeth Magilton: Elsbeth.magilton@unl.edu or 402-472-1662.
Beard Named Chair of ABILA Committee on the Use of Force
09 Oct 2015
Professor Beard was named the Chair for the American Branch of the International Law Association (ABILA) Committee on the Use of Force.
The Committee’s national mandate is to advance the discussion and analysis of legal issues pertaining to the international use of force and related legal topics, to advance the discussion of scholarship in the field, and to conduct assessments of contemporary state practice.
Dannehl, '15, Named Associate at Endacott Peetz and Timmer
06 Oct 2015
Jennifer Dannehl, '15, has been named an associate at the law firm of Endacott Peetz and Timmer. Dannehl will concentrate on estate and trust planning and administration, business succession planning, real estate, and agricultural law. Dannehl grew up on a family farm near Bertrand, Nebraska and brings a passion for agriculture to the firm. She graduated with highest distinction from the University of Nebraska with a degree in agricultural economics and with high distinction from the Nebraska College of Law.
Endacott, Peetz and Timmer serves clients throughout Nebraska, South Dakota and Iowa in the areas of trust and estate law, community banking and construction litigation. The firm is located in the historic Kennard Building at 10th and K Streets in Lincoln, at 410 Hale Avenue in Newman Grove and in the American National Bank Building on the corner of 90th and Dodge Streets in Omaha. The firm can be reached toll free at 844-704-5296, at eptlawfirm.com or on Facebook.
Lenich Appointed to Uniform Law Commission
06 Oct 2015
Gov. Pete Ricketts appointed Professor John Lenich to a three-year term as one of Nebraska’s members of the National Conference of Commissioners on Uniform State Laws. The Commission’s membership consists of lawyers, judges, legislators, and law professors who have been appointed by their respective state governments. The goal of the Commission is to promote uniformity among the states on various subjects by researching, drafting, and promoting the adoption of uniform statutory acts. The Commission was founded in 1892 and to date has drafted over 300 uniform acts.
Faculty Speak on a Variety of Topics
05 Oct 2015
Professor Sandra Zellmer
Professor Sandra Zellmer spoke on Involuntary Payments for Watershed Services and Habitat, with an emphasis on Fifth Amendment Takings, at the National Workshop on Water Quality Markets, sponsored by the U.S. EPA, the U.S. Dept. of Agriculture, and the University of Nebraska's Water for Food Institute. The Workshop, which took place on September 16 at the University's Innovation Campus, highlighted recent initiatives in market-based approaches to water quality and streamflow improvements. In particular, it focused on markets that reduce costs of cleaning up waterways by allowing sources with high costs to purchase credits from sources that have lower costs of making the same water quality improvement.
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Professor Matthew Schaefer
Professor Schaefer was one of fifteen participants in the American Institute of Aeronautics and Astronautics (AIAA) Space Commerce Roundtable to discuss best methods and approaches for regulating space activities, including new space activities such as space tourism, asteroid mining, on-orbit satellite servicing and similar activities. The discussion included coverage of the recent bills passed by the House (HR2262) and Senate (S1297) that will soon be discussed by a conference committee. Professor Schaefer’s recommended approach in 33 Berkeley J. Int’l L. 223-273 (2015) to third-party liability is included in both bills and his recommended approach to space flight participant liability issues is included in the House bill. Professor Schaefer has also participated in the drafting and co-signed two letters in May and September to Congressional leaders in support of the property rights provisions in the House bill.
Professor Matthew Schaefer also spoke on the legal and regulatory panel at the Space Foundation’s inaugural Space Technology and Investment Forum on Oct. 1, 2015 in San Francisco. The conference was attended by start-up space companies as well as established ones, and by the venture capital and angel investor community. The discussion included coverage of the recent bills passed by the House (HR2262) and Senate (S1297) that will soon be discussed by a conference committee. Professor Schaefer’s recommended approach in 33 Berkeley J. Int’l L. 223-273 (2015) to third-party liability is included in both bills and his recommended approach to space flight participant liability issues is included in the House bill. Professor Schaefer has also participated in the drafting and co-signed two letters in May and September to Congressional leaders in support of the property rights provisions in the House bill.
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Professor Richard Moberly
On September 17 and 18, Professor Richard Moberly participated in a conference about whistleblowing in the Czech Republic, which is considering passing new legislation to protect whistleblowers. The conference, “A Challenge for Czech Republic: Whistleblowing - the Way to Protect the Financial Interests of the EU,” was sponsored by Oziveni, a Czech anticorruption advocacy group, and OLAF, the European Union Anti-Fraud Office, and being provided support by the City of Prague and the British Embassy in Prague. Professor Moberly spoke on “External and Internal ’Safety’ Methods of Reporting,” and participated on a Grand Panel Discussion on “Implementing Whistleblowers Protection into National Laws.” More information on the conference can be found here.
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Professor Colleen Medill
Professor Colleen Medill was selected to participate in an invitation-only national workshop on the financial future of retirement systems for public employees from September 17-20, 2015, in Palo Alto, California. The workshop, sponsored by George Mason University’s Law and Economics Center, was designed to educate law professors concerning the financial and structural crises facing state retirement systems with the goal of stimulating additional research in the field. Workshop topics included the core concepts of public pension reform, including financial economics for public policy, pensions and the public employee labor market, measuring pension liabilities, the challenges and opportunities of public pension reform, retiree health benefits for public employees, and a case study on attempted reforms to the Illinois pension system.
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Professor Richard Duncan
Professor Richard Duncan traveled to Indiana University, the University of Notre Dame and the University of Michigan in September to discuss Kermit Gosnell, Planned Parenthood and the Masks of the Law (of Roe v. Wade). Professor Duncan’s visit to Indiana University was discussed in the campus newspaper. Read the story here.
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Assistant Professor Kristen Blankley
Assistant Professor Kristen Blankley gave a presentation on Ethics and Collaborative Law at the 11th Annual Civil Collaborative Law Conference in Dallas, Texas. The conference is one of the preeminent conferences in the field of collaborative law.
Schaefer Speaks at Space Foundation’s Inaugural Space Technology and Investment Forum
05 Oct 2015
Professor Matthew Schaefer spoke on the legal and regulatory panel at the Space Foundation’s inaugural Space Technology and Investment Forum on Oct. 1, 2015 in San Francisco. The conference was attended by start-up space companies as well as established ones, and by the venture capital and angel investor community. The discussion included coverage of the recent bills passed by the House (HR2262) and Senate (S1297) that will soon be discussed by a conference committee. Professor Schaefer’s recommended approach in 33 Berkeley J. Int’l L. 223-273 (2015) to third-party liability is included in both bills and his recommended approach to space flight participant liability issues is included in the House bill. Professor Schaefer has also participated in the drafting and co-signed two letters in May and September to Congressional leaders in support of the property rights provisions in the House bill.
Yale Professor, John H. Langbein, to Present Lane Lecture
04 Oct 2015
John Langbein, Sterling Professor Emeritus of Law and Legal History and Professorial Lecturer in Law at Yale Law School, will deliver the University of Nebraska College of Law's Winthrop and Frances Lane Foundation Lecture at noon Friday, Nov. 6, at the college's Hamann Auditorium. The lecture is free and open to the public.
Probate, the state-operated system of family wealth transmission, has been marginalized in contemporary American practice by the rise of free-market competitors in the financial services industry. Today, it is banks, mutual fund companies, brokerage houses, insurance companies and retirement plan operators who handle most intergenerational wealth transfer. Langbein's lecture, "The Nonprobate Revolution: Privatizing Family Wealth Transfer in the United States," will address the causes and extent of the nonprobate revolution, and about some worrisome drawbacks that are emerging as this new system of wealth transfer takes hold.
"We are delighted to host Professor Langbein as this year's Lane lecturer," Dean Susan Poser said. "He is very respected and we are fortunate to have the support of the Lane Foundation so that speakers of his caliber can be brought to our academic community."
Langbein is an eminent legal historian and a leading American authority on trust, probate, pension and investment law. He teaches and writes in the fields of Anglo-American and European legal history, modern comparative law, trust and estate law, and pension and employee benefit law, or ERISA. He has long been active in law reform work, serving under gubernatorial appointment as a uniform law commissioner since 1984. He was the reporter and principal drafter of the Uniform Prudent Investor Act (1994), which governs fiduciary investing in most American states, and he was associate reporter of the American Law Institute's Restatement (Third) of Property: Wills and Other Donative Transfers (3 vols. 1999-2011).
Langbein has written extensively about the history of civil and criminal procedure, and about the contrasts between modern American and continental procedure. His book "The Origins of Adversary Criminal Trial" (2003) received the Coif Biennial Book Award (2006) as the outstanding American book on law. In 2009 he co-published "History of the Common Law: The Development of Anglo-American Legal Institutions," a textbook on the history of the legal system. He also co-authors a course book on pension and benefit law.
The Winthrop and Frances Lane Foundation provides scholarships to students at the College of Law and Creighton Law School. The foundation also provides grants to support law faculty research and to underwrite the Lane Foundation Lecture. Winthrop Lane was born in Omaha in 1889 and attended Harvard Law School. He was a partner in the firm of Rose, Wells, Martin and Lane, a predecessor to the present Baird Holm law firm in Omaha.
Attorneys will received 1 CLE credit for attending. RSVP by Thursday, November 5, 2015: http://law.unl.edu/alumni-cle/.
Shavers Appointed to American Bar Association Task Force on International Trade in Legal Services
24 Sep 2015
Professor Anna Shavers has been appointed to the American Bar Association Task Force on International Trade in Legal Services. The primary purpose of the Task Force is to: monitor onging tade negotiations and other initiatives that impact trade in legal services; inform and educate ABA members and state regulators about legal services trade issues and their implications for the regulation and practice of law in the U.S. and abroad; and regularly communicate with Office of U.S. Trades representatives and the Department of Commerce regarding legal services. Shavers appointment will conclude at the 2016 ABA annual meeting in August.