Hinkins, '07, Named Attorney to Watch
04 May 2015
Litigator Jake Hinkins was encouraged to attend law school while serving on an LDS mission. “I enrolled in a business law course and loved it,” he said. Throughout law school, Hinkins still seriously considered remaining in the business world. After clerking and working in a civil clinic, however, he became enamored with the practice of law and the strategy involved in litigation.
Today, Hinkins has his own boutique litigation firm, Anderson Hinkins LLC. “We enjoy being in the courtroom,” he said, “fighting zealously for our clients.” After he launched the firm in 2009, he became very focused on personal injury and business cases. “I soon realized the aspect I enjoyed most was litigation,” he said. “So, I expanded my practice and hired additional attorneys.”
The firm focuses on bankruptcy, business, criminal, family, personal injury, probate and workers’ compensation litigation.
With a host of mentors, including, David Allred, McKette Allred, Jeff Gooch, Rich Humpherys, Tim Lewis, David Olsen, Kevin Ruser, Derek Snow and Mark Tanner, Hinkins knows that he wouldn’t be practicing in his own firm without them and many others who have helped him along the way. Of particular importance was the constant encouragement of his family members who have always made him feel like he could accomplish anything.
While working at an insurance defense firm, Hinkins drafted a summary judgment motion in a case where the client had already offered a significant six-figure settlement. After being granted summary judgment, Hinkins recalled, “I remember thinking winning that motion was a fairly big deal. Their response, however, was fairly nonchalant and the client saw it as business as usual.”
It was that case that encouraged Hinkins to represent individuals and small to midsize businesses. “I want to be able to interact personally with my clients,” he said. And, in his practice, he has the pleasure of working closely with his clients. “I’m committed to creating a law firm that provides excellent legal service and a flexible work atmosphere for my employees,” he said.
In looking to the legal industry as a whole, Hinkins notes that he appreciates the judges who follow the letter of the law. “I believe most of our judges really try to do that, but it is frustrating when a judge takes an outcome determinative approach and does not necessarily apply the law before a decision is reached,” he said.
“I also believe our justice system and society at large would benefit greatly by utilizing a family law court, with family law judges, which could streamline decisions that have such a personal and direct impact on families.”
As Hinkins and his firm prepare for 2015, he is excited to share that they now have attorneys in the firm who are licensed in Utah, Wyoming, Colorado and Nebraska. This will allow the firm to expand into those states. “I will also be offering mediation services in the near future,” he said. “I’m excited to approach law as a mediator. I think it will be a great opportunity to interact with attorneys in a different capacity.”
Outside of the office, Hinkins spends time with family and serving his community and church. “We spend the summer boating and hiking and take to the slopes in the winter,” he said. “I’m an avid outdoorsman and recently took a Boone & Crockett Moose.”
For more information, visit www.andersonhinkins.com.
Story via Attorney at Law Magazine, Greater Salt Lake City Edition.
Nebraska Law Alumni Win Nebraska Lawyers Foundation Visionary Awards
04 May 2015
The Nebraska Lawyers Foundation recognized two outstanding Nebraska Law alumni and members of the Nebraska legal community at the Barrister’s Ball held Saturday, April 18, in Omaha.
Avis Andrews received the Robert Spire Award for pro bono service, and Mike Kinney and Danielle Conrad received Visionary Awards. The ceremony is part of an annual fundraiser for the Nebraska Lawyers Foundation.
Avis Andrews, Spire Award
At the award ceremony, Avis Andrews of Fremont, Nebraska, received the Robert M. Spire Award, which recognizes outstanding contributions by volunteer lawyers who provide pro bono legal services to the poor.
The award is named for Robert M. Spire, Volunteer Lawyers Project founder. VLP matches indigent people in need of civil legal representation with lawyers willing to do pro bono work.
Program records show Andrews accepted eight cases in the last two years and 58 cases since 2001. Most cases dealt with family law issues, custody issues, and divorce involving domestic violence.
VLP Director Jean McNeil expressed appreciation for Andrews’ service. “VLP greatly appreciates her work and support,” said McNeil. “She’s always eager to help and rarely turns down a request for assistance. We need more volunteers like her.”
Andrews, a UNL College of Law graduate, says that not everyone can afford an attorney and that it’s important that lawyers do what they can to help. “Sometimes people are in pretty desperate situations,” said Andrews, “and it’s unfortunate, but you get to help them. You also get a better sense of what some less-fortunate people face in day-to-day life.”
Danielle Conrad, Visionary Award
Danielle Conrad, former state senator and current Executive Director for ACLU Nebraska, also received the esteemed Visionary award at the Barrister’s Ball.
Conrad was recognized generally for her efforts in helping the state bar achieve its mission, and in particular for her role in helping establish the Loan Repayment for Rural Practitioners Program.
In 2014, Conrad and a few of her fellow legislators sponsored a legislative bill that would provide loan forgiveness assistance to law graduates who choose to practice in rural areas of the state, or who choose public interest law jobs.
Rural areas of Nebraska suffer from a lack of qualified attorneys. A 2012 study by the NSBA found 12 counties with no lawyers and 49 counties with ten lawyers or less.
“All Nebraskans have a right to access justice," said Conrad. "By providing support to rural practice and public interest attorneys, we can ensure more Nebraskans’ basic legal needs are being met.”
Conrad was also recognized for her efforts to ensure appropriate funding for the judicial branch, for working on judicial redistricting, and for her work on promoting law for the public interest.
Conrad said about working with NSBA staff, “It’s always been a pleasure working with them…whenever the opportunity presents itself.”
Conrad graduated from the University of Nebraska-Lincoln College of Law in 2003 and served on the Nebraska State Legislature from 2007–2015.
College of Law graduates outpace nation in employment success
01 May 2015
The University of Nebraska College of Law’s graduating class landed jobs in numbers well above national levels in 2014 — the fourth consecutive year the college’s employment placement rate has been well ahead of U.S. trends.
In its annual report on employment placement rates of recent law-school graduates, the American Bar Association recently stated that nationwide, 71 percent were employed in long-term jobs that either required or preferred a law degree.
At Nebraska, the rate was 87 percent – and it came as no surprise to Susan Poser, dean of the college.
The college has a record of outperforming national levels, she said.
“We are very proud of the accomplishments of our students and their ability to take the well-rounded education at Nebraska Law to find successful career paths in a wide variety of settings,” she said.
The ABA figures focused on graduates within 10 months of receiving their degrees. Nebraska graduates were placed in jobs both within the state and across the nation, including placements in state and federal government positions and at local, national and international firms, Poser said.
Nebraska Law offers a traditional curriculum interspersed with cutting-edge courses, such as International Law in the first year, an Entrepreneurship Clinic for third-year students, and the opportunity for students to tailor their program in their second and third years to develop expertise in one or two specialized areas of the law, Poser said.
“These consistently outstanding employment statistics demonstrate that law remains an excellent career choice, and first-rate legal education can be obtained at a very reasonable cost and lead to great outcomes at a state-supported institution like the University of Nebraska,” Poser said.
Shoemaker has Article Accepted by Pepperdine Law Review
20 Apr 2015
Assistant Professor Jessica Shoemaker's most recent article, Emulsified Property, has been accepted for publication by the Pepperdine Law Review. The article analyzes the complex property and sovereigty institutions within modern American Indian reservations through the lens of mixed tenure (fee and trust co-ownership) properties.
Nebraska Law Hosts International Client Consultation Competition
15 Apr 2015
The University of Nebraska College of Law will host teams of law students from 20 countries during the Louis M. Brown/Forrest S. Mosten Client Consultation Competition from April 15-18.
The Brown-Mosten competition is an international contest in which participating teams use client-interviewing techniques to assess a mock client's legal claims and provide advice. The competition emphasizes relating to the clients; understanding their needs and the situations that brought them to the law office; analyzing the clients' situations from both legal and non-legal perspectives; and informing the clients of possible options to try to reach a resolution.
UNL's law college was chosen to host the 2015 event because of its tradition of success in the competition. Last year, the college’s team represented the United States at the international competition and placed second. In total, the law college has won one international competition, five national competitions and 15 regional competitions.
"Under the direction of two longtime faculty members, professors Alan Frank and Craig Lawson, Nebraska Law has developed an international reputation as a leader in training students in how to interview new clients and assess legal needs," said Susan Poser, dean of the law college. "Because of this reputation and past success, the college was chosen to host the competition in Lincoln this year."
The format of the competition simulates a law office where two lawyers interview a client and then, when the client leaves, reflect on the process and outcomes of the interview. This occurs before a panel of three judges, typically two lawyers and a member of a counseling profession. Interviews are evaluated on several criteria related to interviewing and fact-gathering skills. After the 20 teams conduct two interviews -- one on Thursday and one on Friday -- the top nine teams compete in the semifinal round Saturday morning, and the top three in the final round on Saturday afternoon.
While on campus, competitors will also have opportunities to participate in an all-American barbecue and tour landmarks such as the Nebraska State Capitol, the Nebraska Supreme Court and Memorial Stadium. More than 85 student-competitors, observers, coaches, national representatives and ICCC officials are to attend the competition, representing Australia, England and Wales, Canada, Georgia, Germany, India, Indonesia, Ireland, Malaysia, Mexico, the Netherlands, New Zealand, Nigeria, Northern Ireland, Scotland, Sri Lanka, Switzerland, Turkey, the Ukraine and the United States.
Addition to Enhance Student Legal Clinics
15 Apr 2015
A $4.5 million addition to the University of Nebraska College of Law to open in fall 2016 will literally move the college's clinical programs front and center.
The 14,000-square-foot addition, to house the college's four legal clinics and allow for potential expansion of those programs, will be located adjacent to Law College's main entrance, on the south side of Ross McCollum Hall. Administrators, donors, students and friends of the college gathered for a groundbreaking on April 10.
Legal clinics, which give law students hands-on experience serving real-world clients, are an increasingly important part of legal education in a tight job market, said Susan Poser, dean of the college of law. They also teach students how valuable and gratifying it is to provide critical legal assistance to underserved clients.
The new location will provide easy access for clients seeking legal assistance and will stress the importance of experiential learning at the college, Poser said.
"We're sending a message about skills training at the law school," she said. "We're making sure that students who want that kind of practical experience can get it."
Kevin Ruser, M.S. Hevelone Professor of Law and director of clinical programs, said the college's new clinical space will be second to none.
"It's more important than ever to have a strong, experiential learning opportunity for students," he said. "I'll put this space up against any other place in the country."
Though expansion plans remain under discussion, the addition will allow "more than adequate" room for Nebraska's clinics to grow, he said.
Poser said two donors, Esther Beynon of Colorado Springs, Colo., and Dennis Weibling of Seattle, were instrumental in making the project a reality. Beynon donated $1 million to the effort in honor of her father, Ira Beynon, a 1919 Nebraska Law graduate. Weibling, a Seattle attorney who graduated from Nebraska's law-psychology program, contributed $1 million via a matching grant that generated an additional $1 million from other donors. Poser said several other donors made contributions of $100,000 to $250,000.
Weibling said he feels passionate that students should get a taste of practicing law before they graduate. Though Weibling did not participate in a clinic as a student, he recalled his own positive experience as a young attorney first using his education to help clients.
"It just brought such life to the law," he said. "If I could have had that earlier, it would have created more enthusiasm and direction for my studies."
The college of law offers four legal clinics -- the Civil Clinic, Criminal Clinic, Immigration Clinic and Entrepreneurship Clinic, with 32 third-year law students accepted to participate in one of the four each semester.
The programs are in demand, with more students seeking to enroll each semester than slots available. The clinics also have waiting lists for clients.
The Entrepreneurship Clinic, for example, has served 70 clients since it was established in 2013, director Brett Stohs said. Another 58 potential clients are on a waiting list.
Yet the clinics are housed in fragmented spaces that have seen few updates in recent years. The Entrepreneurship Clinic is in a cramped basement suite of offices, with barely enough room for its eight students to work at one time.
Criminal clinic director Steven Schmidt borrows classrooms to teach an intense 30-hour training course during the first three weeks of the semester before his students report to the Lancaster County Attorney's Office to begin prosecuting misdemeanors and felonies.
The 16 students who participate in the civil and immigration clinics each semester are housed in quarters that haven't been updated since the mid-1980s. The space was not designed with computers in mind and requires heavy use of extension cords to meet the technology demands of a modern law practice.
"The only part of our building that has not been renovated during the past 15 years is the clinic," Poser said. "It was noted during a 2011 American Bar Association reaccreditation visit that the space didn't seem adequate to serve clients."
Yet, in light of a sharp nationwide decline in law school enrollments that began in 2011, there seemed little could be done to remedy the situation.
An unsolicited $1 million check from Beynon, mailed to Poser in 2012, allowed "us to begin to dream," Poser said.
Designed by The Clark Enersen Partners, the new space will feature a reception area, private interview rooms to consult with clients, conference rooms and a mock courtroom. A classroom and faculty offices will allow the four clinic directors to better coordinate teaching.
Desk space in a large open area will accommodate up to 40 law students, allowing them to trade ideas and consult on strategy without waiving attorney-client privilege.
Clients can arrive for appointments through an entrance directly off the college's main foyer without wandering the hallways looking for an office in the basement or at the far side of the building.
"It will give students a better sense of what it would be like to be in a law firm," Poser said. "It's a very professional space."
Writer: Leslie Reed, University Communications
Leiter Appointed to American Association of Law Libraries Government Relations Committee
14 Apr 2015
Professor Richard Leiter has been appointed the American Association of Law Libraries (AALS) Vice Chair of the Government Relations Committee. The committee serves to represent, promote, and advocate the information policy interests of AALS regarding policies, laws, regulations and other developments that may affect the Association, law librarianship, law libraries, or the dissemination of information, with the exception of copyright issues. Lieter will serve this term for 2015-2016.
Shoemaker and International Grant Team Travel to England and Wales
14 Apr 2015
Professor Jessica Shoemaker and a transdisciplinary, international research team are working to build on existing land use planning simulation tools, and create a more flexible and powerful simulation resource kit for public participation in land use issues. As part of this project, Professor Shoemaker is traveling to Birmingham City University in Birmingham, England and to Aberystwyth, Wales.While in Birmingham and Aberystwyth, Professor Shoemaker will present her work to a diverse group of faculty from a wide variety of different disciplines and countries, international policymakers, and engaged citizens from the United Kingdom. Part of her work includes the planning simulation tool, Plainsopoly. Plainsopoly, has proven to be an exciting engagement tool to facilitate dialogue and learning around contemporary rural development and natural resource issues in the Great Plains.
Professor Shoemaker will also hold a seminar at Birmingham City University on indigenous land tenure and property law issues.
Blankley has Article Accepted by George Mason Law Review
09 Apr 2015
Assistant Professor Kristen Blankley’s newest article, A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act, has been accepted for publication in the George Mason Law Review. This article explores current problems and inconsistencies in the area of federal court jurisdiction for issues relating to arbitration practice. The article is scheduled to be published early 2016.
69th Annual Thomas Stinson Allen Moot Court Competition
07 Apr 2015
Daniel Gutman and John Zimmer are the winners of the 69th Annual Thomas Stinson Allen Moot Court Competition. Katherine Hazen and Kathleen Miller finished in second. Kayla Hathcote and Tess Moyer won the Kenneth L. Noha award for the best brief in the competition, and John Zimmer won the Roscoe Pound award for best oral advocacy.
Lyons Teaching at the International Tax Center of the University of Leiden
06 Apr 2015
Richard H. Larson Professor of Tax Law Bill Lyons is teaching an introductory course in United States individual income taxation to tax LL.M. students at the International Tax Center of the University of Leiden in the Netherlands from April 4 through April 18, 2015. The ITC has invited Lyons to teach this course for several years. He has taught an introductory course in United States corporate income taxation in the same program. The ITC students come from many countries, including, this year, Brazil, Venezuela, South Africa, the Dominican Republic, Costa Rica, Columbia, China, and Italy. Lyons also meets with the University of Leiden’s tax faculty at the University’s law school and with members of the European tax community who teach at the ITC.
Moberly's Article Published in ABA Journal Labor and Employment Law
06 Apr 2015
De-Facto Gage Clauses: The Legality of Employment Agreements that Undermine Dodd-Frank's Whistleblower Provisions, an article authored by Nebraska Law professor, Richard Moberly, with Jordan A. Thomas and Jason Mark Zuckerman, has been published by the ABA Journal of Labor and Employment Law. The article discusses the enforceability of increasingly prevalent contractual restrictions on whistleblowing, which the authors label "de facto gag clauses." While no court has yet opined on the legaility of de facto gag clauses in the Dodd-Frank whistleblower context, the article argues that SEC rules and key principles of contract, qui tam, employment and securities law strongly suggest that courts will, and should, refuse to enforce agreements that preclude voluntary cooperation with the SEC or materially diminish the incentives created by Congress to promote SEC whistleblowing.Read the full article.
Dunne, '00, Receives NAFLA Award
03 Apr 2015
Angela Dunne, '00, has been awarded the prestigious Top Ten Attorney Award for the State of Nebraska from the National Academy of Family Law Attorneys (NAFLA). She was awarded this honor because of her hard work and the dedication she has shown in representing family law clients.
Nebraska Law to Host the 9th Annual Spring Space Law Conference
02 Apr 2015
The 9th Annual Spring Online Space Law Conference will be held Friday, April 3, 2015. The Conference titles "Big Sat: Where's it At? Contractual and regulatory Issues of Big Satellite Operators" features Stefan M. Lopatkiewica, General Counsel at Eutelsat American Corp.For more information about the conference and to register, visit: http://law.unl.edu/lincoln-conferences/.
Space Lawyer Featured on Front Page of Wall Street Journal; Schaefer Quoted
01 Apr 2015
Professor Matt Schaefer was quoted in the Wall Street Journal article"'Space Lawyers' Help Startups Navigate the Final Legal Frontier". Schaefer discusses the realness of space law.Read full article.
Faculty Speak on Range of Topics
30 Mar 2015
Professor Eric Berger
Professor Eric Berger presented a paper at a conference about Chief Justice Rehnquist’s legacy entitled “The Rehnquist Court: Ten Years Later" held in Tucson, Arizona. The conference was hosted by the William H. Rehnquist Center on the Constitutional Structures of Government at the University of Arizona James E. Rogers College of Law. Berger's paper is entitled “The Rehnquist Federalism Revolution and Stealth Constitutional Decision Making.”
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Assistant Professor Kristen Blankley
Assistant Professor Kristen Blankley presented a faculty colloquium on her upcoming paper: A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act at South Dakota University School of Law. Her paper considers the intersection of arbitration and the federal courts and suggests a simplified and universal jurisdictional test to replace this confusing area of law.
Professor Blankley also testified, in a neutral capacity, before the Nebraska Legislature on Thursday, March 12, 2015, before the Judiciary Committee regarding Legislative Bill 437, a bill that, if passed, would create a presumption of joint legal custody and shared parenting time of at least 35% time for non-custodial parents undergoing a divorce or separation. Professor Blankley testified in her capacity as President of the Nebraska Mediation Association and discussed issues of mediation in child custody cases.
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Assistant Professor Jessica Shoemaker
On March 27, Assistant Professor Jessica Shoemaker participated in a Property Roundtable co-hosted by Tulane Law School and the Tulane University Murphy Institute in New Orleans. The subject of the Roundtable was “Regulating Private and Public Property,” and Shoemaker's panel was called, “Maximizing Social Benefits through Property Law.” Shoemaker was one of eight property law scholars from around the country invited to participate in this fascinating event. She also presented her new paper, Emulsified Property, which analyzes the complex property and sovereignty institutions within modern American Indian reservations through the lens of mixed tenure properties.
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Professor Frans von der Dunk
Professor Frans von der Dunk gave a presentation titled "Transmissions to Extraterrestrials and the Law: Where Do We stand, Where Should We Stand?" at the Search for Extraterrestrial Intelligence workshop on February 14th.
Additionally, Professor von der Dunk co-chaired the annual European Centre of Space Law (ECSL) Practitioners’ Forum in Paris. The theme of the forum was “Space Governance in Europe: Regulation of Space Activities,” focusing on the roles the European Union and member states play in regulating space activity.
Nebraska Law to Host Visiting Researcher
27 Mar 2015
The University of Nebraska College of Law will host Andreas G. Loukakis in the month of April.Loukakis is currently a doctoral candidate and assistant researcher at the Faculty of Law, Economics and Finance at the University of Luxembourg. He received a Master of Laws (LL.M) in European Law from the University of Maastricht (Netherlands), in April 2011 and a Law degree from Democritus University of Thrace (Greece), in December 2007. Moreover, he also was a Robert Schuman Scholar in the legal service of the European Parliament in Brussels from March until August 2011.
Since February 2012, Loukakis has been working on a doctoral research project dealing with the liability aspects of space-based services under the supervision of Professor Mahulena Hofmann, SES Chair in Satellite Communications and Media Law at the University of Luxembourg, delving in particular into the non-contractual civil liabilities that could come into play from the operation of the Galileo program, the European Union’s initiative in field of Global Navigation Satellite Systems (GNSS). Loukakis will visit the University of Nebraska College of Law Space, Cyber and Telecommunications Law program, in April of this year. During this visit, he will conduct a part of his research activities for his doctoral project on issues related to responsibility and liability connected to the provision of GPS services, the US corollary to Galileo, taking into account that GPS is operated by the United States’ Department of Defense. For example, in the foreseeable future, GNSS receivers will be expected to be interoperable, meaning that they will be able to receive and exploit signals emitted from both Galileo and GPS.
Nebraska Law Students Place 2nd at International Mediation Tournament Championships
23 Mar 2015
Two Nebraska Law teams competed at the 14th Annual INADR International Mediation Tournament Championships in Des Moines, Iowa on March 20-21, 2015. The tournament featured 28 teams from law schools around the world.Both teams advanced from the field of 28 into the semifinals for their mediation skills. The team of 2Ls John Duggar, Lily Spader and Lyle Wheeler won their semi-final and final rounds, and earned Nebraska Law a second place finish.
In addition to the team honor, John Duggar and Lyle Wheeler both earned individual honors for being the 4th best client/advocate team, and 2L Cory Masi earned the individual honor of 8th best mediator.
Dawes, '06, to Speak at American Society of Law, Medicine and Ethics Health Law Professors Conference
17 Mar 2015
Daniel E. Dawes, '06, was invited to speak at the Opening Plenary of the 2015 American Society of Law, Medicine and Ethics (ASLME) Health Law Professors Conference. The conference is the major annual conference of ASLME and the largest covening of academics teaching health law and bioethics in law school, medical school, public health and other university settings. The Opening Plenary is inteded to prompt a discussion about health equity, and how health law professors can/should be engaged in advancing racial and ethnic health equity through their teaching, scholarship and service.Dawes is a healthcare attorney and the Executive Director of government relations, health policy, and external affairs at Morehouse School of Medicine. In addition to his executive role, Daniel is a director of health policy and a lecturer of health law and policy at the Satcher Health Leadership Institute and holds a faculty appointment in the Department of Community Health and Preventive Medicine. During the negotiations around health reform, he founded and chaired the National Working Group on Health Disparities and Health Reform, a working group of more than 300 national organizations and coalitions that worked to ensure that the health care reform law included health equity provisions to reduce disparities in health status and health care among vulnerable populations.
Kafka, '79, Publishes Novel
11 Mar 2015
Josephy Kafka, '79, wrote Lawyer for the Little Guy, a suspensful, humourus and inspiring novel (avialble in ebook) about young lawyer Jake Beck.Here is a brief description:
Trial is a month away and closing fast on young lawyer Jake Beck. The scumbag who ripped off his client for one million dollars will get what's coming to him if Jake has anything to do about it. It's a tough case when your client is shy and sweet and your adversary is hard and mean. And when he's a lawyer. And the brother of your client. Jake's first trial has him facing impossible odds and many obstacles. But the underdog wins some of the time, right? Jake's wisecracking boss, the judge for his case, and even his client have their doubts. Still, it's not all legal work and no play when Jake falls for a brainy blonde and she introduces him to her "adopted" Greek family. Maddy Carter is an eco-minded Santa Cruz, California girl right down to her electric car and yoga classes. Jake embraces their love and support during the darkest times in his pursuit of justice for the little guy.