News Archive

Hoos, '00, Named Peoria County Judge

17 Dec 2014    

Von der Dunk Signs Asteroid Day Declaration

04 Dec 2014    

Asteroid Day is a global awareness movement where people from around the world come together to learn about asteroids and what we can do to protect our planet, our families, communities, and future generations. Organizers gathered an impressive group of scientists, policy makers, and astronauts to sign the declaration before the public announcement on Wednesday December 3rd, 2014. Professor Frans von der Dunk is among the public signatories. 

The Asteroid Day website explains, "Asteroid Day will be held on the anniversary of the 1908 Siberian Tunguska event, the largest asteroid impact on Earth in recent history." 

"Regionally organised large and small events will be held on Asteroid Day – from live concerts and community events, to lectures and other educational programmes,  to support a movement calling for increased detection and mapping of asteroids. The 100x Asteroid Declaration, calling for this action, has been signed by astronauts, scientists, artists and leaders in business and technology.

Employing available technology to detect, track and defend our Earth from dangerous asteroid impacts is something we know how to do. This will assure the survival of generations to come as well as preserve our heritage and all that we have learned and created as a species. We have the knowledge as well as the technology to prevent these future catastrophic events. The fact that this initiative could save ALL the species on this planet that have evolved alongside us.  We have a responsibility as custodians, not just for the planet, but for all the abundant life which inhabits it.

Continuing to orbit our solar system without the knowledge of potentially dangerous asteroids in our orbital neighbourhood is equivalent to playing the odds in a game of Las Vegas roulette – only this time, we are betting our families, homes and indeed future generations. The probability of Earth being impacted in a random location by a 100-megaton asteroid in your lifetime is about the same as the probability of you being killed in an automobile accident. These odds on any individual day are small, yet few among us would drive a car without wearing a seat belt. The 100x Asteroid Declaration calls for the discovery and tracking of 100,000 asteroids a year over the next ten years. In addition to protecting our planet, this increased capability will provide dramatically improved knowledge of our Solar System for scientific and other purposes."

Learn More on www.asteroidday.org

Professor Colleen Medill Published Employee Benefits Law Casebook

02 Dec 2014    

Professor Colleen Medill has published the fourth edition of her law school casebook, Introduction to Employee Benefits Law:  Policy and Practice (West Academic 2014).  Professor Medill’s book, which has been adopted by over 40 American law schools, is the only legal textbook that contains comprehensive coverage of both health care and retirement plans established by private employers for their workers.  The book is unique in its extensive coverage of the implementation of the Affordable Care Act and its impact on employer-sponsored health care plans.  Professor Medill uses her book each spring to teach her Employee Benefits Law course at the College of Law. 

Blankley becomes Fellow of the American Bar Foundation

25 Nov 2014    

Kristen Blankley has accepted an invitation to be a Fellow of the American Bar Foundation.  Professor Blankley was chosen due to her leadership within the State of Nebraska, and the nomination is in “recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association.”  This is an extraordinary honor as less than 1% of lawyers within each state are asked to join the Fellows.

 

Collier Visits College as Part of UNL Masters Week

24 Nov 2014    

Alumni Masters Week, a program sponsored by the Nebraska Alumni Association, Scarlet Guard and the Chancellor's Office, celebrated its 50th anniversary in 2014. Since 1964, 400 alumni have participated in Alumni Masters Week. Its primary goal has always been to link the university's outstanding alumni with students who can benefit from their experiences and knowledge. All students were encouraged to take part in lectures, presentations and events with the alumni masters, who spoke about ways to apply formal education to working situations and career goals.

Victoria Collier, '02, visited Nebraska Law on November 20-21. In addition to meeting individually with students and various student organizations, Collier gave a presenation titled, "How to Build Your Law Practice grom the Ground Up" Lessons Learned," to a large audience on Thursday. 

Victoria Collier established her own law firm in 2002 in Decatur, Ga. A certified elder law attorney, Collier has chaired the Georgia chapter of the National Academy of Elder Law Attorneys, the State Bar of Georgia elder law section and the Atlanta Bar Association elder law committee. She co-founded Lawyers with Purpose, Lawyers for Wartime Veterans, Veterans Advocates Group of America and Trust Associates Inc. Collier served in the U.S. Air Force, 1989 to 1995, and the Army Reserves, 2002 to 2005. A 2002 UNL law grad, she is hosted by the College of Law.

2015 Manfred Lachs Space Law Moot Court Team Announced

17 Nov 2014    

The Space, Cyber and Telecommunications Law program is proud to announce the 2015 Manfred Lachs Space Law Moot Court team for Nebraska Law. Third year students Danielle Miller and Jacob Tewes, and second year student Kiersten Haugen, will be representing Nebraska in the national competition this spring. The selection committee graded each candidate on their space law experience, their oral argument background and ability, and their brief writing.

The competition is based on a hypothetical space law dispute before the International Court of Justice. Participating teams are required to submit a formal written argument for both the Applicant State and the Respondent State on the legal issues of the hypothetical case and to argue each side of the case before panels of judges in their respective region. The winning teams from each Regional Round meet in the international final rounds, which are held in conjunction with the annual IISL Colloquium on the Law of Outer Space. The Final Round is traditionally judged by three judges of the International Court of Justice. This unique feature makes the Manfred Lachs Moot Court one of the most prestigious moot court competitions in the world. The competition will take place in late March to early April 2015 in Washington DC at the Georgetown Law College. The winning team will attend the International Rounds, as part of the IISL Colloquium, in Jerusalem in 2015.

Professor Matthew Schaefer will serve as the faculty advisor and LL.M. student Nathan Johnson will be coaching the team this year. Nathan has an extensive background in the subject area and has competed twice in this competition as a J.D. at George Washington Law School. Nebraska Law has a strong presence in the competition, with many of space, cyber and telecommunications law LL.M. alumni judging arguments and briefs (memorials). LL.M. alumni, and current J.S.D. student Giugi Carminati is the now a regional organizer of the competition.

Thank you to Stefanie Pearlman, Matthew Novak, Elsbeth Magilton, Matthew Schaefer, and Nathan Johnson for serving on the selection committee.

Professor Sheppard helps draft Congressional testimony

17 Nov 2014    

Professor Sheppard helps draft Congressional testimony and will attend a U.S. Congress joint hearing by the House Committees on the Judiciary and Oversight and Government Reform

The Public Patent Advisory Committee on which Professor Sheppard is lead on finance and budget issues was called to testify before a rare joint hearing by the United States House of Representatives Committee of the Judiciary and the House Committee on Oversight and Government Reform.  The hearing, to take place Tuesday November, 18th at 1:30 EST, will explore allegations of USPTO employee abuse of government telework programs that was initially brought to light by the Washington Post and subsequently covered by most major news networks.  The hearing will not only explore the action of the USPTO employees but will call into question the effectiveness of telecommuting programs in regards of oversight of employees, accountability to the agency and quality of workproduct.  

PPAC, on which Dr. Sheppard is serving her third year, was created by Congress to oversee the management of and advise the leadership of the USPTO.  Dr Sheppard is one of nine citizens chosen by the US Secretary of Commerce to fulfill this role to review the policies, goals, performance, budget, and user fees of the USPTO and advise the director on these matters.

http://judiciary.house.gov/index.cfm/2014/11/joint-hearing-abuse-of-the-uspto

Hendrix named Oil and Gas Lawyer of the Year

14 Nov 2014    

Bryan Cave (formerly Holme Roberts & Owen)  Partner Lynn Hendrix, '78,  was named Oil and Gas “Lawyer of the Year” by Best Lawyers in America! Lynn heads up Bryan Cave’s global Energy and Natural Resources Group.  In addition to being named “Lawyer of the Year” in Oil and Gas Law, Lynn’s practice depth and breadth is demonstrated by being listed in Best Lawyers in America in Native American Law, Energy Law, Natural Resources Law, Copyright Law, and Information Technology Law.

Best Lawyers is one of the oldest lawyer-rating publications in the U.S. and names a single lawyer in each specialty in each community as ‘Lawyer of the Year.’   Those honored have received particularly outstanding ratings in the surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Von der Dunk Speaks to Dutch Radio Show on the Rosetta Mission

12 Nov 2014    

November 12, 2014 Professor Frans von der Dunk will join the De Kennis Van Nu, which roughly translates as The Knowledge Of Today,  radio program to dicuss the Rosetta mission, celestial resource exploitation, and more broadly commercial space activities. 

You can learn more about his segment on the De Kennis Van Nu website for the program.

2015 Nebraska Law Trial Team Announced

10 Nov 2014    

Six third-year students were named to the 2015 Nebraska Law Trial Team: Katherine Doering, Brian Fahey, Megan McDowell, Adam Odle, Audrey Svane and Rick Tast.

Students will compete in teams of three people in the regional competition that takes places in February. The competition includes several mock trials of a crimincal 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.

On-Orbit Jurisdication Conference a Success

07 Nov 2014    

The 7th Annual Washington, D.C. Space Law Conference on Monday, November 3, 2014 at the National Press Club featured discussion on the challenges and opportunities presented in on-orbit jurisdiction. 

The first panel, “On-Orbit Jurisdiction: Government and Industry Views” featured Laura Montgomery (Manager, Space Law Branch, FAA), Karl Kensinger (Deputy Division Chief, Satellite Division, FCC), Glenn Talia (Section Chief, Weather, Satellites, and Research Section, NOAA), Brian Israel (Attorney-Advisor, US Dept. of State), Caryn Schenewerk  (Counsel & Director of Government Affairs, SpaceX), Russ McMurry (Senior Counsel, Boeing Network & Space Systems), Franceska Schroeder (Principal, Fish & Richardson), and moderators Professor Frans von der Dunk & Dennis Burnett.

The second panel, “On-Orbit Jurisdiction -  Perspectives from Different Elements of Space Sector - Views from Property Rights Interests and Sub-Orbital Activities”included Mike Gold (Chair, COMSTAC), Peter Marquez (VP for Global Engagement, Planetary Resources), Marc Holzapfel (Senior VP & General Counsel, Virgin Galactic), Patti Grace Smith (Principal, PGS Consulting), Jim Muncy (Principal, PoliSpace Consulting), and moderators Professor Matthew Schaefer and Dennis Burnett.

The ABA Space Law Committee, together with AstroEsq.com, invited students and professionals in the DC area to meet up for drinks, community, and conversation following the 7th Annual Nebraska Law DC Space Law Conference at the District Commons.

Von der Dunk and Magilton Present at Doane College

07 Nov 2014    

Space, Cyber and Telecommunications Law Program Professor Frans von der Dunk and the program's Executive Director Elsbeth Magilton (Nebraska Law Class of 2011) presented at Magilton's aluma mater, Doane College (Class of 2008), on Thursday October 30, 2014.

At the invitation of Professor Wendy Hind, von der Dunk and Magilton discussed the law college programs and the developing commercial space industry with two undergraduate Business Law courses on the Crete, Nebraska campus. Topics included third-party liability, space flight participants, and other upcoming legal issues facing the industry. 

LL.M. Student and Alumni Present at Embry-Riddle Aeronautical University

07 Nov 2014    

Current 2015 LL.M. canidate Nathan Johnson and 2013 LL.M. alumni George A. Long both participated in panels at the 1st Annual Space Traffic Management (STM) Conference hosted by the Embry-Riddle Aeronautical University’s Commercial Space Operations degree program at the Daytona Beach campus.

The November 5th & 6th, 2014 STM conference offered academia and leaders of government and industry a forum for discussing the complex, diverse, and timely issues of aviation and space traffic coordination, space launch, space weather, and space debris. The conference’s plenary sessions brought together for discourse multiple disciplines and different aspects of the space traffic management world. 

The conference agenda is available on the Embry-Riddle website.

Thimmesch has tax discrimination essay published

06 Nov 2014    

Professor Adam Thimmesch's essay, "Comptroller v. Wynne and the Futile Search for Non-Discriminatory State Taxation," was just published as part of a roundtable put together by the Vanderbilt Law Review En Banc. The essay analyzes the meaning of tax discrimination under the dormant Commerce Clause and cautions the Court against adopting an overbroad standard that would conflict with states' historic taxing autonomy.

The piece can be found at http://www.vanderbiltlawreview.org/content/articles/2014/11/Comptroller-v.-Wynne-and-the-Futile-Search-for-Non-Discriminatory-State-Taxation.pdf​. 

Medill elected a fellow of the American College of Employee Benefits Counsel

27 Oct 2014    

Colleen Medill has been elected a fellow of the American College of Employee Benefits Counsel in recognition of her sustained outstanding performance in the law profession. She is the first fellow from Nebraska and was inducted during the counsel's 15th annual dinner and ceremony Oct. 25 in Washington, D.C.

The ACEBC was established in 2000 to recognize the nation’s leading experts in the field of employee benefits law. Election as a fellow is the highest form of professional recognition in the employee benefits law field. Selection is based on proof of a sustained commitment to the development and pursuit of public awareness and understanding of the law of employee benefits through such activities as writing, speaking, participating in public policy analysis, public education or public service for at least twenty years.

At UNL, Medill teacher an employee benefits law course using her textbook, "Introduction to Employee Benefits Law: Policy and Practice," (West Academic, fourth edition, 2014). The textbook is being used in more than 40 law schools in the United States.

Medill is the author of numerous law school articles on employee benefits topics and is a frequent speaker at national conferences on current trends in employee benefits law.

Moberly Re-Appointed to OSHA Committee

23 Oct 2014    

Secretary of Labor, Thomas Perez, re-appointed Professor Richard Moberly to a two-year term on the OSHA Whistleblower Protection Advisory Committee. The Committee advises, consults with and makes recommendations to the secretary of labor and the assistant secretary of labor for occupational safety and health on ways to improve the fairness, efficiency, effectiveness and transparency of the Occupational Safety and Health Administration's whistleblower protection programs.

Faculty Elected to International Institute of Space Law Board

22 Oct 2014    

The International Institute of Space Law (IISL) Board of Directors was voted upon by Institute members in early September 2014. Advisory Board member and Adjunct Professor Dennis Burrnett was elected IISL Treasurer and Professor Frans von der Dunk was elected to an IISL Director position.

According to their purpose statement, "the purposes and objectives of the Institute include the cooperation with appropriate international organizations and national institutions in the field of space law and the carrying out of tasks for fostering the development of space law. It also includes the studies of legal and social science aspects of the exploration and use of outer space and the holding of meetings, colloquia and competitions on juridical and social science aspects of space activities."

The General Meeting of Members convenes once a year during the Colloquium.

Shoemaker has book review published

20 Oct 2014    

Professor Jessica Shoemaker’s recent book review was published in the latest volume of Great Plains Research. The piece discusses Judge Warren K. Urbom’s memoir, Called to Justice: The Life of a Federal Trial Judge. Judge Urbom is a well-known Nebraska federal court judge.

Gutman, Zimmer Win 2014 Grether Moot Court Competition

13 Oct 2014    

The final round of the 2014 Grether Moot Court Competition was held Friday, October 10, 2014 before the Nebraska Court of Appeals. Judges Bishop, Inbody and Pirtle presided over the competition. After oral arguments, Daniel Gutman, 2L, and John Zimmer, 2L, were declared the winners over finalists Kiersten Haugen, 2L, and Sara Rips, 2L. Gutman was also declared the best Oral Advocate for his passionate and emotionally evocative style in addition to his solid understanding of the law. 

The 2014 competition saw above-average participation, with a total of 18 teams taking part. Bill Straus, 3L, and Titus Hattan, 3L, served at the Grether Competition Coordinators, and Jordan Holst, 3L, served as this year's problem writer.

Boal and Odle Appear Before the Eighth Circuit Court of Appeals

09 Oct 2014    

Micheal Boal and Adam Odle appeared before the Eighth Circuit Court of Appeals on October 9, 2014. The 3L students worked with civil clinic professors Kevin Ruser and Ryan Sullivan, and other members of the Lincoln legal community to prepare their argument for the bankruptcy case.  

Their argument can be downloaded on the Eighth Circuit Court of Appeals website. 

Update (via Bloomberg): 

A divided U.S. Court of Appeals for the Eighth Circuit drew a road map to show creditors of consumer bankrupts how to avoid preference judgments (Pierce v. Collection Assocs. (In re Pierce), 8^th Cir., No. 14-1365, 3/9/15). The case before the St. Louis-based court involved a creditor with a judgment who garnished a man's wages. In the preference period, the employer sent about $850 in garnished wages to the state court. The court had sent about $550 to the judgment creditor before bankruptcy. When the bankrupt notified the court that he had filed for bankruptcy, the court sent some $300 back to him. The bankrupt sued for a preference, seeking to “avoid” the entire $850 garnishment. The complaint only sought return of $550. Citing Section 547(c)(8) of the Bankruptcy Code, the bankruptcy court dismissed the suit. That section of the law provides a defense in a suit regarding a consumer bankrupt barring a preference judgment when the transfer is less than $600. The decision was upheld by the Bankruptcy Appellate Panel. In a 2-1 decision, the Eighth Circuit reached the same conclusion.

Writing for the majority, U.S. Circuit Judge Bobby E. Shepherd upheld the dismissal. Although he acknowledged that garnished wages are transferred to the creditor “when earned,” the judge said he couldn't overlook the fact that the suit only sought return of $550. U.S. Circuit Judge Steven M. Colloton dissented. He said Nebraska law provides that wages are earned when services are performed, not when paid. The creditor gained ownership of the wages when earned, he said. Colloton focused on how the complaint sought to avoid the entire $850. He said the complaint “merely reflects the fact” that $300 was already returned. The bankrupt was represented in the circuit court by the Clinical Law Program at the University of Nebraska College of Law. Professor Kevin Ruser, who was the supervising faculty on the brief, said in a phone interview that they are “evaluating” whether to request rehearing before all active judges on the Eighth Circuit. Where courts follow the Eighth Circuit majority, a creditor of a consumer bankrupt could return enough money after bankruptcy to reduce the net to less than $600, thereby avoiding a preference judgment for what it kept.