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Burkstrand-Reid appointed to U.S. Commission on Civil Rights Advisory Committee

06 Oct 2014    

Professor Beth Burkstrand-Reid was appointed by the United States Commission on Civil Rights to the Nebraska Advisory Committee. The Commission is a bipartisan agency of the federal government charged with conducting factfinding activities pertaining to discrimination or denial of equal protection laws based on race, color, religion, sex, age, handicap, or in the administration of justice. The Nebraska Advisory Committee is composed of citizens familiar with local and state civil rights issues who assist the Commission with its factfinding, investigative, and information dissemination functions. 

Gradwohl receives Jim Wolf Equal Justice Award

06 Oct 2014    

Jan Gradwohl, ’54, received the Jim Wolf Equal Justice Award at the Nebraska Appleseed Good Apple Awards on October 2. 

The Jim Wolf Equal Justice Award recognizes a Nebraskan who has made significant contributions to justice for all throughout his or  her career. It is given in the spirit of the late Jim Wolf, a founding Appleseed board member who possessed a lifelong dedication to promoting the common good. The award is given to an individual who is committed to public service without regard to his or her own economic or political gain.

Jan Gradwohl has dedicated her entire career to the principle of equal justice and fairness before the law after seeing how our systems of power kept long-standing barriers in place for many.

Jan began her career as an attorney, but quickly rose to become the first female appointed judge in Lancaster County. She worked to ensure fairness and equity in our legal system. For her work, she has been honored with both state and national level distinguished service awards.

Jan has also had a significant impact on the College of Law. She served as a professor and mentor to many of our law students, alongside her late husband, John, and continues to be involved in various capacities today.

Space Law Program Announces Conference in Washington, D.C.

03 Oct 2014    

University of Nebraska
7th Annual Washington, D.C. Space Law Conference
On-Orbit Jurisdication: Challenges and Opportunities
Monday, November 3, 2014
National Press Club

REGISTER NOW!

Currently, the FAA only has express regulatory authority to license launches and re-entries but not on-orbit or in-space activities. While some have argued FAA or other federal agencies have implied or inherent authority to so regulate, agencies are unlikely to act based on these types or arguments, rather awaiting express authority from Congress. Many new space activities are on the near horizon, including commercial human space flight, asteroid mining, lunar and orbital private research labs and hotels, and on-orbit servicing of satellites. Private investors are seeking certainty for their investments, including private property rights, as well as safety from interference in their activities by others. However, the US commercial space sector is also concerned that heavy-handed regulation in the early stages of such activities could inhibit the activity or drive investment abroad, and thus seek to limit any on-orbit regulatory authority to be “lite” in nature. The US government is anxious to ensure compliance with treaty obligations requiring it to authorize and continually supervise its commercial actors’ space activities to ensure compliance with treaty obligations. Foreign country reaction to US commercial activities in space may also depend on whether the US has sufficient regulatory regime in place, one that for example, would prevent contamination of Earth or celestial bodies in the case of mining, or risk to neighboring satellites during on-orbit servicing. Panel I will discuss government and industry views on the issue of on-orbit jurisdiction (or in-space regulatory authority) and Panel II will delve deeper into specific views of two sub-sectors of the US commercial space industry, those concerned with property rights and the sub-orbital marketplace.

11:30-12:40AM Public Panel I – “On-Orbit Jurisdiction: Government and Industry Views”

  • Laura Montgomery – Manager, Space Law Branch, FAA (confirmed)
  • Karl Kensinger – Deputy Division Chief, Satellite Division, FCC (confirmed)
  • Glenn Talia – Section Chief, Weather, Satellites, and Research Section, NOAA (confirmed)
  • Brian Israel – Attorney-Advisor, US Dept. of State (confirmed)
  • Caryn Schenewerk  - Counsel & Director of Government Affairs, SpaceX (confirmed)
  • Russ McMurry – Senior Counsel, Boeing Network & Space Systems (invited)
  • Franceska Schroeder – Principal, Fish & Richardson (confirmed)

Moderators:  Professor Frans von der Dunk –Nebraska Law & Dennis Burnett – Vice-President, Kymeta

12:40-1:30PM Networking Lunch

1:30-2:30PM  “On-Orbit Jurisdiction -  Perspectives from Different Elements of Space Sector - Views from Property Rights Interests and Sub-Orbital Activities”

  • Mike Gold – Chair, COMSTAC (confirmed)
  • Peter Marquez – VP for Global Engagement, Planetary Resources (confirmed)
  • Marc Holzapfel – Senior VP & General Counsel, Virgin Galactic (confirmed)
  • Patti Grace Smith – Principal, PGS Consulting (confirmed)
  • Jim Muncy – Principal, PoliSpace Consulting (confirmed)

 Moderators:  Professor Matthew Schaefer- Nebraska Law & Dennis Burnett – Vice-President, Kymeta

Join the conversation and see conference updates before and during the panels on Twitter @spacecyberlaw and #DCspacecyberlaw

If you have any questions or concerns please contact:

Elsbeth J. Magilton 
Space, Cyber & Telecommunications Law Program Executive Director | 402-472-1662 | elsbeth.magilton@unl.edu 

Chief Justice John G. Roberts, Jr. Video Available Online

03 Oct 2014    


Watch the conversation between Chief Justice John G. Roberts, Jr. and Chief Judge William Riley here.

Client Counseling Competition Named in Honor of Professors Frank, Lawson

02 Oct 2014    

On the occasion of Professor Alan Frank’s retirement, the Nebraska Law faculty decided to honor him and Professor Craig Lawson by naming the Law College’s Client Counseling Competition the Alan Frank and Craig Lawson Client Counseling Competition. Frank began the College’s participation in the ABA-sponsored national Client Counseling Competition in the spring semester of 1975 and has been involved in the competition ever since. Lawson joined him four years later.

Over those years, Frank and Lawson-coached teams have assembled an enviable record. In 40 years, the College’s Client Counseling Competition teams have won 14 regional championships, 11 of which have occurred in the past 19 years; five national championships, four of which have occurred in the past 11 years and three of which took place in the past six years; and one international championship. The College’s teams have also finished second in the national competition twice and third twice. Its 2014 team finished second in the international competition. 

“Craig and I are deeply honored to have the College’s Client Counseling Competition named after us. I can think of no retirement gift that would mean as much to me,” said Frank. “It has been a pleasure to be involved in the competition and to work with the skilled and hard-working students that made the College’s success in the competition over the years possible.”

The naming became official at a lunch held at the Law College on September 27 during Alumni Weekend. Members of several of the previous competition winners were in attendance.  

Faculty Speak Across the Country in July, August and September

30 Sep 2014    


Several professors from the University of Nebraska College of Law spoke across the country in the late summer months of 2014. Professors Berger, Duncan, Moberly, Schaefer, Shavers and Thimmesch each presented topics specific to their respective areas of expertise.  


Eric Berger
Professor Eric Berger presented his paper “Lethal Injection Secrecy and Eighth Amendment Due Process” to the faculty at Drake University Law School on September 8. The paper argues that inmates challenging the constitutionality of the execution procedure by which they will be executed should have a due process right to information about the procedure. While there, Berger also gave a talk to the students, faculty, and local bar about recent developments in lethal injection litigation. 


Richard Duncan
Professor Rick Duncan took his religious liberty insights across America in September 2014, from the East Coast to the West Coast. He spoke on the Supreme Court's recent decision in the Hobby Lobby case at University of Pittsburgh School of Law on September 16, Duquesne University School of Law on September 17, UC Davis School of Law on September 23, and BYU Law on September 29.

 

Richard Moberly
Professor Richard Moberly served as a panelist on the National Security Whistleblowing for a Workshop on National Security Law, at the Southeastern Association of Law Schools Conference in Amelia Island, Florida on August 5. 


Matthew Schaefer
Professor Matthew Schaefer moderated the only legal panel at Newspace 2014 on July 25, 2014 in the heart of Silicon Valley. The panel focused on property rights issues, in particular the recent bill introduced by Rep. Posey called the ASTEROIDS Act, how property rights are linked to the issue of on-orbit jurisdiction, and the consistency of proposed US legislation with US international obligations.

Professor Schaefer also presented a paper arguing that space act agreements for space debris remediation technology companies should be explored by NASA in the future at the AIAA Space 2014 in San Diego on August 6.

Anna Shavers
Professor Shavers spoke on the topic "Negotiating the Power of Words: Creating Space for Human Trafficking in Management Discourse Space for Human Trafficking" at the 74th annual conference in Philadelphia, PA.


Adam Thimmesch
Professor Adam Thimmesch presented his paper “Testing the Models of Tax Compliance: The Use-Tax Experiment” at the Oklahoma University Junior Scholars Conference in July and at the Southeastern Association of Law Schools Annual Meeting in August.

Professor Thimmesch also presented his paper “Taxing Honesty” at the at the Big Ten Junior Scholars Conference, also held in August.

Sheppard’s Article to Appear in Popular Patent Casebook

26 Sep 2014    

Professor Sheppard's article "Because Inquiring Mind Want to Know - Best Mode - Why is it One-Sided" was cited in the Third Edition of the widely used patent casebook "The Law of Patents."  This Craig Nard casebook is a lean yet comprehensive presentation on the law of patents. The casebook features helpful introductory text, technologically accessible cases, detailed comments, comparative and policy perspectives, and statutes.  The new Third Edition incorporates the America Invents Act, the most sweeping changes to the patent statute since 1952.

Dority Baker to Blog for AALL

26 Sep 2014    

Professor Marcia Dority Baker will be a regular contributor to the American Association of Law Libraries (AALL) Spectrum blog for 2014-2015. Her first blog titled, “We Want You! Why You Should Join Your Local Library Association,” was published on September 9, 2014.

UNL Dedicates Statues of Former Secretaries of Agriculture

22 Sep 2014    

Ronnie Green, Harlan vice chancellor of the University of Nebraska's Institute of Agriculture and Natural Resources, led the dedication of statues honoring Nebraska's former secretaries of agriculture on Saturday, September 20, 2014. Clayton Yeutter, '63, was among those being honored.

Yeutter's statue is in the Jeanne Yeutter garden on UNL's East Campus, while the other three are placed in an area bound by the East Union, C.Y. Thompson Library and Filley Hall. With planned renovations to the library and the union, Green said, this Legacy Plaza will become a major focal point on East Campus, where the statues will serve to educate future generations of students about "these four distinguished Nebraskans who have served our country greatly."

Green said the idea for the statues was born during the celebration two years ago of the 150th anniversary of the Morrill Act, which created the land-grant university system. Yeutter and Johanns were among four former ag secretaries who participated in a panel-discussion that fall.

Yeutter expressed appreciation. "I've been a Cornhusker all my life," said Yeutter, a Dawson County native.

Chief Justice John G. Roberts, Jr. Visits College

22 Sep 2014    

    
U.S. Chief Justice John G. Roberts, Jr.’s appearance at the University of Nebraska College of Law Friday, September 19, 2014,  drew over 500 people including many reporters and VIPS.

In the conversational-style appearance, Roberts sat in a chair on stage right while he answered prepared questions from William Jay Riley, '72, Chief Judge of the Eighth U.S. Circuit Court of Appeals. Several of the questions had been submitted by students at Oakland-Craig and Wahoo schools, who watched the talk via web streaming.

Roberts
The event was covered by reporters from ABC News, the Associated Press, and several Nebraska newspapers and broadcasters.

Some of the highlights, according to the Associated Press and Tweets posted during the talk:

  • Roberts is worried about partisanship in the judicial confirmation process and the public perception that the court is a political body, the AP reported.http://go.unl.edu/ksim
  • He lamented that the “eminently qualified” Justice Elena Kagan was confirmed on an almost strict partisan vote, Joe Duggan of the Omaha World-Herald reported. http://go.unl.edu/jerj
  • Jeff Zeleny, ABC News Senior Washington Correspondent, tweeted Roberts’ comment that neither Justice Antonin Scalia nor Justice Ruth Bader Ginsburg could survive confirmation if they went before the Senate today. “Neither one of them would have a chance today. That’s not good.”
  • Jenn Schanz of KLKN TV Channel 8 in Lincoln tweeted this quote from the chief justice: “We need to keep the partisan divide on the other side of First Street.”
  • Lori Pilger of the Lincoln Journal-Star chose this Roberts quote for one of her Tweets: “We are not part of the political process. We don’t make decisions on political grounds.”

Roberts
Other highlights recounted on Twitter:

Asked how his undergraduate degree in history influences his work, Roberts quipped “I went to law school because I couldn’t get a job in history.”

His aim is to be fair when he assigns opinions to other justices. Each gets a share of important cases and “dogs,” he said.

When asked what he does for fun, Roberts said “I have two teenaged kids. I go to soccer games, hockey games and school plays.”

Question: “Is being chief justice everything you imagined?” Answer: “More.”

A video of the conversation between Cheif Justice John G. Roberts, Jr. and Chief Judge William Jay Riley is available on the College of Law Alumni Continuing Legal Education and Programming page.

 

Entrepreneurship Legal Clinic Presents to Local Non-Profit Organizations

22 Sep 2014    

Four Students

Four Student Attorneys in the Entrepreneurship Legal Clinic gave a presentation Thursday, September 18th to representatives of more than 60 local non-profit organizations.  The presentation, “Non-Profit Fundraising and the Law,” was hosted by at the Lincoln Community Foundation and Sarah Peetz, Vice President for Community Outreach.  

Third-year law students Andrew Joyce, Ashlea Whitney, Aditya Ezhuthachan, and Brianna McLarty offered guidance on legal issues relating to fundraising, including licensing for raffles and lotteries, sales and use tax issues, federal tax issues and record keeping requirements for donors and non-profits.  The students also provided information regarding best practices for non-profits in managing their fundraising efforts. 

The presentation was given as a part of the ongoing outreach efforts by the Entrepreneurship Legal Clinic at the University of Nebraska College of Law.  The Clinic, through the efforts of its Student Attorneys under the direction of Professor Brett Stohs, provides free transactional legal services for start-up endeavors throughout the State of Nebraska.  For more information about the Clinic, please visit http://law.unl.edu/eclinic.

Brooks, ’15, Speaks at HRC Nebraska Kickoff

22 Sep 2014    

Taylor Brooks, ’15, spoke at the Human Rights Campaign (HRC) Nebraska kickoff reception on September 15th. He shared his experience of being a young gay professional in Nebraska and his aspirations of making the state a place that other young LGBT professional consider for their careers.

Walters, ’70, Selected to The Best Lawyers in America 2015

22 Sep 2014    

University of Nebraska College of Law graduate, James M. Walters, was selected by his peers for inclusion in The Best Lawyers in America 2015. Walters is a senior partner in the Atlanta office of Fisher & Phillips LLP, one of the nation’s leading labor and employment firms.

Nebraska Law Students Lead Constitution Day Project

18 Sep 2014    

On Wednesday, Sept. 17, students for the College of Law lead more than 2,300 Lincoln Public Schools eighth-graders through a project to celebrate Constitution Day.

The project is part of the college's Community Legal Education Project, a student run organization that focuses on community outreach. The effort included more than 60 volunteers who talked about the importance and history of the Constitution in eight Lincoln middle schools.

"This is the second year we have worked with Lincoln Public Schools on this Constitution Day project," said Chris Schmidt, a second-year law student and event organizer. "The Constitution gets a bad rap for being this ancient and old document, but we try to get the students to realize it is alive and affecting us every day."

To show how the Constitution remains active, Schmidt said the presentations involved current topics, including debates on the need for school uniforms and if freedom of speech applies to social media posts.

"We think the topic of getting in trouble for what you post online will be a good one to get the students' blood going," Schmidt said. "It's going to be fun to show them what the Constitution says and how it even impacts the lives of 13 year olds."

Law students posed the question: Should a school be able to discipline a student for making an inappropriate comment online even if it didn’t happen at school? Some classrooms said yes, some said no, but most agree that cyberbullying is a problem that needs addressed.

The college's Community Legal Education Project provides law students with the opportunity to teach elementary and middle school students about the Bill of Rights, the Constitution and other legal issues. During the spring semester, law students go into local elementary classrooms once a week for six weeks to teach prepared lessons.

von der Dunk Speaking and Chairing at International Astronautical Conference in Toronto

16 Sep 2014    

Professor Frans von der Dunk will be presenting, FROM SPACE TOURISTS TO UNRULY PASSENGERS? THE US STRUGGLE WITH ‘ON-ORBIT JURISDICTION’ at the forthcoming Colloquium on the Law of Outer Space organized by the International Institute of Space Law at the International Astronautical Conference in Toronto, on October 1, 2014. Von der Dunk is also chairing the International Academy of Astronautics/International Institute of Space Law Scientific/Legal Round Table on the topic of the increasingly high resolution of space EO data, which combined  with increasing location and navigation information provided by satellites, raises new questions regarding the risks and threats of abuse of such data, for example in areas of privacy, human rights and public order (terrorism).

Alumni and Exec Director Magilton Featured in Lincoln City Libraries Campaign

15 Sep 2014    

2011 JD alum and Executive Director of the Space, Cyber, and Telecommunications Law programs, Elsbeth Magilton, was featured in the Lincoln City Libraries Idea Place Campaign, Monday September 15th. The campaign seeks to raise awareness of the city libraries and all of their varied resources. 

1992 JD alum, Mark Fahleson was also featured by the campaign, on September 8th. 

The full poster and the other featured Lincolnites can be viewed at IdeaPlaceLNK.com.

Blankley Blogs on NASCAR Incident

11 Sep 2014    

Assistant Professor Kirsten Blankley published an article on the ADR Prof Blog. Blankley provided insights in regard to conflict, mediation and psychology surrounding the recent incident in which NASCAR driver Tony Stewart was involved in a fatal on-track collision with fellow driver Kevin Ward.

Professor Adam Thimmesch

Thimmesch Published in Virginia Tax Review

11 Sep 2014    

Article by Professor Adam Thimmesch, Trailing Nexus, was published in the Virginia Tax Review. The piece is the first to comprehensively analyze the duration of states' taxing powers and proposes a new economic-latency approach that differs substantially from the policies currently applied by states. The article can be found at 33 Va. Tax Rev. 497 (2014).

Schaefer to Speak at 65th International Astronautical Congress in Toronto

10 Sep 2014    

Professor Schaefer to Speak at 65th International Astronautical Congress in Toronto Oct. 1, 2014; Will be Eighth Space Law Speaking Engagement at Major Conference in Past Year


The number of presentations at major conferences made by Professor Schaefer in the past year will grow to eight next month when Professor Schaefer presents his paper on the intersection of space insurance markets with liability regimes for third-parties and space flight participants in commercial space activities to the 65th International Astronautical Congress & 57th International Institute of Space Law (IISL) Colloquium on the Law of Outer Space in Toronto on October 1.  Professor Schaefer has previously spoken on space law topics at seven major space law and international law conferences in the past year: ABILA International Law Weekend – Midwest (St. Louis, September 2013); American Branch of the International Law Association (ABILA) International Law Weekend (New York, October 2013); University of Nebraska 6th Annual D.C. Space Law Conference (Washington, D.C., November 2013); International Academy of Astronautics (IAA) Space Exploration Conference (Washington, D.C., January 2014); National Space Symposium (Colorado Springs, April 2014); Newspace 2014 (San Jose, CA, July 2014); and American Institute of Aeronautics and Astronautics (AIAA) Space 2014 (San Diego, CA, August 2014).

Schaefer Presents Paper at the American Institute of Aeronautics and Astronautics Space Conference

10 Sep 2014    

Professor Schaefer presented a paper on incentivizing US space debris remediation companies at the American Institute of Aeronautics and Astronautics (AIAA) Space 2014 Conference. The paper argued that space act agreements for space debris remediation technology companies should be explored by NASA in the future at the AIAA Space 2014 taking place in San Diego on August 6.