Ruiz, '25, finds balance on and off the track
30 Jun 2023
In the early hours of the morning, you're off to Memorial Stadium to lift weights and eat breakfast. Then over to East Campus for class in the morning. Study for a few hours and attend another class in the afternoon, unless it’s a day with a noon pool workout. After that, on to Innovation Campus for track practice and dinner. Finally, head home to study for the rest of the night.
This is a typical spring day for Cortez Ruiz, ’25. Ruiz competed with the Nebraska Track and Field team this spring as they took home the Big Ten Men's Outdoor Track and Field Championship for the first time since 2016. At this year's Drake Relays, his group won the 4x800 - something a team from Nebraska hadn't done in 27 years.
Amidst these athletic feats, Ruiz still has to fulfill the expectations of any law student. He knows that in order to do both - and do them well - he must maximize his time and schedule everything to a tee.
“Every half hour is planned,” he said. “I like being efficient, it takes away a lot of the stress.”
As busy as his schedule can get, Ruiz recognizes the importance of taking care of your mind and body. Amidst his daily routine, he prioritizes a strict 8 hours of sleep.
“You need energy to perform at your best,” he said.
Ruiz ran track as an undergrad at BYU and was given an extra year of eligibility due to the pandemic but wasn’t sure if he would be able to juggle athletics and law school simultaneously. Upon starting his 1L year, he found that the support of the faculty was crucial.
“Everyone has always been really supportive of me,” he said. “That’s Nebraska."
They were invested in his success and eager to help. When he would have to miss class due to travel or competitions, professors would send recordings of their classes and lectures.
Ruiz never expected to live in the Midwest. He’d never even been to Nebraska before submitting his application. But upon moving here, he found that the flexibility, care, and support he felt from the College of Law made life as a student-athlete much less complicated.
“Another reason why Nebraska was meant to be is that it probably wouldn’t happen this smoothly at another law school,” he said.
Although Ruiz will no longer compete with the Nebraska Track and Field team, he's nowhere near the end of his journey as an athlete. He said he'll continue to focus on his physical health while trying to decide what field of law to go into. Fluent in Russian and Spanish, he hopes to use his skills to help people from other countries. For now, he's keeping his options open.
"I'm learning quite a bit and taking it one step at a time," he said.
Weitzel presents at National Business Law Scholars Conference
28 Jun 2023
Professor Paul Weitzel presented his paper, "The Case Against Officer Fiduciary Duties," at the National Business Law Scholars Conference at The University of Tennessee on Thursday, June 15. This presentation was part of a panel discussion titled "Fiduciary Duties and the Business Judgement Rule."
The two-day conference draws legal scholars from across the world, showcasing papers and presenters from a variety of business law disciplines.
Professor Weitzel’s scholarly research aims to humanize the corporate experience. His work explores the legal and governance constraints that drive antisocial corporate behavior, with the goal of revising the underlying theories of corporate purpose and corporate personality to empower executives.
Acklie Charitable Foundation makes landmark pledge to University of Nebraska College of Law
26 Jun 2023
Lincoln philanthropist Phyllis Acklie has pledged a landmark gift to provide approximately 80 scholarships annually, as well as other financial support, to University of Nebraska College of Law students and to permanently endow the college’s Children’s Justice Clinic.
The Acklie Charitable Foundation, established by Phyllis and her late husband College of Law alumnus Duane Acklie, '59, made the gift commitment through the University of Nebraska Foundation. At the request of the donors, the total commitment amount shall remain confidential.
“The education from the College of Law has had a monumental impact on multiple generations of our family, and there is no question we feel passionate about Nebraska Law, and how we believe it is currently shaping Nebraska’s next generation of leaders,” said Halley Kruse, the couple’s granddaughter and a 2014 alumna of the College of Law.
With this gift commitment, the Acklie family is the largest donor in the College of Law’s history. The Acklie pledge will provide immediately spendable dollars to fund approximately 80 scholarships each year for the next nine years, as well as stipends and travel awards, to Nebraska Law students. The gift pledge also will provide permanent funding for the Children’s Justice Clinic (CJC), which gives legal representation to vulnerable Nebraska children, and ongoing support for the College of Law’s other law clinics.
Clinic programs address an increasing need in the community for legal services and give third-year law students an opportunity to represent actual clients, under the supervision of faculty members, and to have experiences comparable to what a new attorney might encounter.
“The overall impacts made by the Acklie family’s support of Nebraska Law are simply immeasurable,” said University of Nebraska–Lincoln Chancellor Ronnie D. Green, Ph.D. “This gift, combined with their previous and ongoing generosity, has led to library and classroom updates, cutting-edge curriculum development, expanded student support via scholarships and unique experiential learning opportunities through the clinics.
“Theirs is the deepest collective commitment to Nebraska’s flagship university,” Green added. “By benefiting generations of Nebraska Law graduates and their prior considerable support for students, faculty and programs in Agricultural Sciences and Natural Resources, Business, Engineering and the Lied Center for Performing Arts, the Acklies are truly sowing good in the world.”
Richard Moberly, dean of the College of Law and Richard C. & Catherine S. Schmoker Professor of Law, also expressed gratitude to the Acklie family.
“The Acklie family’s long dedication to the College of Law started with Duane’s days working and studying in our library and has included the education of generations of family members. Their gifts have transformed our physical space and provided generous scholarships for our students,” Moberly said. “We are honored they continue to believe in our mission to develop inclusive leaders and are especially grateful for the support our students and programs will receive through this most recent gift. This gift marks the largest single gift in the college’s 132-year history and will significantly impact the ability of our students to serve their communities and advance justice for generations to come.”
Scholarships
The Acklie pledge will establish the College of Law Leadership & Scholarship Fund, which prioritizes scholarships for Nebraska residents. The fund will provide full-tuition scholarships for 15 in-state students and half-tuition scholarships for about 65 students each year, with most of those scholarships designated for Nebraska residents. Full-year, in-state tuition is approximately $12,600 for the 2023-24 academic year.
During the 2022-23 academic year, Nebraska residents made up 55% of the College of Law’s enrollment.
The gift commitment will help to ensure a Nebraska Law degree remains accessible to all students, regardless of family income or socioeconomic background. The College of Law consistently ranks in the top 10% nationally for lowest law school debt.
The Acklie pledge also supports the Nebraska Public Interest Law Fund, which provides stipends for second- and third-year law students who work for a government or public interest organization in law school, as well as travel awards for students to attend a national leadership conference.
Approximately 430 students are enrolled in the College of Law.
College of Law clinics
The Acklie pledge will create the Children’s Justice Clinic Endowed Excellence Fund to support the CJC.
In the CJC, third-year law students serve as guardians ad litem in Lancaster County Juvenile Court, under the supervision of law professor Michelle Paxton, and advocate for the best interests of children in the legal system. Most cases involve family situations that include domestic violence, neglect, unsafe housing and substance abuse.
“Children are our most vulnerable population, and they need a fighter in their corner,” Paxton said.
Since the CJC launched in 2017, 49 Nebraska Law students have been trained as guardians ad litem. From August 2017 through December 2022, CJC students have represented 204 children and served as advocates in 139 juvenile court cases, with 125 of those cases involving abuse and neglect.
“Right now, there is a shortage of high-quality attorneys to represent children in juvenile court because the traditional law school experience does not provide the training and support you need to be effective,” Paxton said. “The support the Acklie family is providing will allow us to increase the availability and quality of attorneys interested in representing children across the state.”
The Acklie gift commitment also will create the College of Law Clinics Endowed Support Fund to provide financial support for the college’s six other clinics, as well as any future clinics. In addition to the CJC, the College of Law offers the Housing Justice Clinic, Criminal Clinic, Civil Clinic, Immigration Clinic, Weibling Entrepreneurship Clinic and Estate Planning Clinic.
About Duane and Phyllis Acklie
Duane Acklie was raised on a farm near Norfolk and received his undergraduate degree from the University of Nebraska in 1953 and his juris doctor degree from Nebraska Law in 1955. He served as an Army officer in counterintelligence from 1955 to 1957.
He and Phyllis purchased Crete Carrier Corp. in 1971, building it into one of the nation’s largest privately owned trucking companies. Duane Acklie died in 2016.
“To our family, the impact of the education Duane received at Nebraska Law cannot be overstated,” said Kruse, vice president and director of the Acklie Charitable Foundation. “We are thrilled to make these gifts to help students have the same chance to acquire an exceptional foundational legal education and gain practical hands-on experience assisting clients.”
The Acklie family has a history of support for the College of Law. Including the gift commitment announced today, the family has made three significant gifts during Only in Nebraska: A Campaign for Our University’s Future, which began in 2018. The campaign is a historic effort to engage at least 150,000 benefactors to give $3 billion to support the University of Nebraska. The campaign’s top priorities are support for students and ensuring a high-quality, affordable and accessible education for them.
The Acklie family also supported the philanthropic effort to renovate the Marvin and Virginia Schmid Law Library, which reopened in 2022; the Acklie Family Student Commons on the library’s lower level is named in their honor.
In 2021, Phyllis Acklie honored her husband by establishing the Duane W. Acklie Honor Scholarship Fund. This permanently endowed fund provides multiple, annual scholarships to aid Nebraska high school graduates from rural areas who are pursuing a law degree at the University of Nebraska.
Before the current campaign, the Acklie family provided the lead financial gift for the College of Law Duane W. Acklie Classroom Wing in 2009.
“I am deeply grateful to the Acklie family for their generous support of the College of Law and many other areas of the University of Nebraska. Members of the Acklie family also have given generously of their time and talents as volunteers for both the university and foundation,” said Brian F. Hastings, president and CEO of the University of Nebraska Foundation. “I have no doubt the Only in Nebraska campaign will succeed because of kind and committed support from alumni and donors like the Acklies.”
About the University of Nebraska Foundation
The University of Nebraska Foundation grows relationships and resources that enable the University of Nebraska to change lives and save lives. During the most recent fiscal year, a record 60,571 donors gave $300.6 million to the foundation to aid UNK, UNO, UNL, UNMC and its clinical partner, Nebraska Medicine, and NCTA. The foundation raises more than $7 for every $1 spent. Only in Nebraska: A Campaign for Our University’s Future is its current campaign with a goal to raise $3 billion from 150,000 unique benefactors to support the University of Nebraska. More information is at OnlyinNebraska.org.
O'Connor, Schwab win Koley Jessen Entrepreneurship Award
26 Jun 2023
Katelin O'Connor, '23, and Carrie Schwab, '23, have been named the winners of the 2022-2023 Koley Jessen Entrepreneurship Award.
Both students were recognized for their dedication to serving clients in the Entrepreneurship Clinic and for addressing challenges with patience and professionalism. O'Connor and Schwab were also awarded for their commitment, competence and comprehensiveness while they took ownership of their work throughout the year.
Big Ten Law Schools Affirm Their Commitment to Diversity
23 Jun 2023
As the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Richard Moberly — has issued a statement affirming their commitment to diversity:
We are deans of Big Ten law schools, joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of the cases pending before the U.S. Supreme Court. These are core values of our law schools and the universities of which we are part. If we are to prepare people to be effective lawyers and future leaders, it is essential to create a learning environment that welcomes people who embody a wide range of identities, backgrounds, and experiences.
Association of American Law Schools (AALS) and American Bar Association (ABA) policies properly recognize the centrality of diversity, equity, and inclusion to legal education and the legal profession. For example, AALS Bylaw Section 6-2 requires that: “A member school shall seek to have a faculty, staff, and student body which are diverse with respect to race, color, and sex.” This reflects the judgment of member law schools, including ours, that it is essential both to provide access to historically underrepresented communities and to create a learning environment that “incorporates the different perspectives necessary to a more comprehensive understanding of the law and its impact on society.” The ABA has likewise identified the elimination of bias and the enhancement of diversity as one of its four primary goals.
Why are diversity, equity, and inclusion so integral to legal education and the legal profession? Among the many reasons is that preparing students for successful careers as lawyers and for leadership roles that they will one day occupy is core to the mission of all our law schools. Many legal employers actively seek to hire and retain lawyers with the capacity to work cooperatively with a wide range of people and groups. From big law firms, public entities, and multinational corporations, to small nonprofits, firms, and other businesses, employers place considerable value on a diverse workforce. It is therefore critical that law schools include a diverse group of students and prepare them to work with clients and communities who embody the differences that make this country great.
Because diversity, equity, and inclusion are core values of our law schools, we have been following the Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. President & Fellows of Harvard College cases with great interest. Whatever the outcome of those cases, our law schools will both respect that decision and remain open and accessible to people of diverse backgrounds who we believe will succeed as lawyers and leaders serving the diverse communities that constitute our nation. We commit to advancing our core values of diversity, equity, and inclusion through whatever practices and policies remain legally available to our law schools.
Johanna Bond
Incoming Dean and Professor of Law (effective July 2023)
Kimberly Mutcherson
Co-Dean & Professor of Law
Rose Cuison-Villazor
Interim Co-Dean, Professor of Law and Chancellor's Social Justice Scholar
Rutgers Law School
Danielle M. Conway
Dean and Donald J. Farage Professor of Law
Penn State Dickinson Law
Lincoln L. Davies
Dean & Frank R. Strong Chair in Law
The Ohio State University Michael E. Moritz College of Law
Linda Sheryl Greene
Dean and MSU Foundation Professor of Law
Michigan State University College of Law
Renée McDonald Hutchins
Dean
University of Maryland Francis King Carey School of Law
Garry W. Jenkins
Dean & William S. Pattee Professor of Law
University of Minnesota Law School
Richard Moberly
Dean and Richard C. & Catherine S. Schmoker Professor of Law
University of Nebraska College of Law
Christiana Ochoa
Dean and Herman B Wells Professor
Indiana University Maurer School of Law
Hari M. Osofsky
Dean and Myra and James Bradwell Professor of Law
Northwestern Pritzker School of Law
Victor C. Romero
Interim Dean, Maureen B. Cavanaugh Distinguished Faculty Scholar, and Professor of Law
Penn State Law
Daniel P. Tokaji
Fred W. & Vi Miller Dean and Professor of Law
University of Wisconsin Law School
Kevin K. Washburn
William Hines Dean and Professor of Law
University of Iowa College of Law
Mark D. West
David A. Breach Dean of Law and Nippon Life Professor of Law
University of Michigan Law School
Moore named Outstanding Criminal Clinic Student
22 Jun 2023
Kaitlyn Moore, '23, has been named the 2022-2022 Outstanding Criminal Clinic Student of the Year.
The annual award, supported by John, ’87, and Elizabeth Anderson, recognizes demonstrated excellence in the fundamental skills of lawyering.
As a student in the clinic, Moore exhibited initiative, a strong work ethic and superb courtroom performances. This work reflected her detailed preparation and in-depth investigation.
Shanahan named Outstanding Immigration Clinic Student
22 Jun 2023
Kelly Shanahan, '23, has been named the 2022-2022 Outstanding Immigration Clinic Student of the Year.
The annual award, supported by John, ’87, and Elizabeth Anderson, recognizes demonstrated excellence in the fundamental skills of lawyering.
As a student in the clinic, Shanahan demonstrated superior skills on behalf of her immigration clinics. The clinic gives students an intensive, year-long experience working in-depth on immigration cases and projects on behalf of low-income clients in need of legal assistance.
Lutz named Outstanding Civil Clinic Student
22 Jun 2023
Ivy Lutz, '23, has been named the 2022-23 Outstanding Civil Clinic Student of the Year.
The annual award, supported by John, ’87, and Elizabeth Anderson, recognizes demonstrated excellence in the fundamental skills of lawyering.
As a student in the clinic, Lutz exhibited the professional values central to the practice of law. She strove to promote justice, fairness and morality and provided competent representation on behalf of her clients.
Hobelman, Hurt named Outstanding CJC Students
22 Jun 2023
Ellie Hobelman, ’23, and Bree Hurt, ’23, have been named the 2022-2022 Outstanding Children's Justice Clinic Students of the Year.
The annual award, supported by John, ’87, and Elizabeth Anderson, recognizes demonstrated excellence in the fundamental skills of lawyering.
As students in the Children's Justice Clinic, Hobelman and Hurt demonstrated strong initiative and work ethic while serving as student guardians ad litem. This work supported the clinic's goal of raising the standards and expectations for those who represent children.
Schutz featured on "Ag Law in the Field" podcast
20 Jun 2023
Professor Anthony Schutz was recently featured on "Ag Law in the Field," a podcast hosted by Tiffany Lashmet, Extension Ag Law Specialist with Texas A&M Agrilife Extension.
In this episode, Professor Schutz is joined by Lashmet and Professor Jesse Richardson of the West Virginia University College of Law to discuss the recent ruling in Sackett v. Environmental Protection Agency. Listen here.
Thimmesch presents at 2023 SALT Symposium
15 Jun 2023
Professor Adam Thimmesch presented "A Future for the State Corporate Income Tax," at the 2023 State and Local Tax Symposium on Friday, June 16. As one of seven lead authors featured at the symposium, Thimmesch participated in a panel discussion with other tax professionals. The symposium took place at the Northwestern Pritzker School of Law in Chicago.
Professor Thimmesch's research focuses on state tax policy and the impact of modern technology and markets on existing legal structure and on the states and their residents. At Nebraska Law, he serves as the faculty director of the Law+Business program and teaches Individual Income Taxation, State and Local Taxation, and Taxation of Business Entities.
Shoemaker's essay forthcoming in Southwestern Law Review
14 Jun 2023
Professor Jessica Shoemaker's essay, "Land Reform in the Fifth World," will be included in a forthcoming symposium issue of the Southwestern Law Review. Professor Shoemaker spoke as a panelist at the symposium, "A Nation Within: Navajo Land and Economic Development," in November 2022.
Read the abstract below:
In this time of rapid climate change and gaping inequality, we face urgent questions about the ability of current property systems to sustain us into the future. But how does property-system change happen? Land reform is difficult to imagine, much less implement, within a physical landscape already so lavishly built and also embedded with deep layers of tradition, experience, and law. In this short Essay, I argue that there are important lessons from Ezra Rosser’s recent book, A Nation Within: Navajo Land and Economic Development, for the wider project of Indigenous and, ultimately, American land reform. Property scholars ignore these issues of Indigenous property and land governance to our collective detriment.
This Essay makes three particular contributions. First, I outline with some specificity why centering contemporary Indigenous land tenures within any wider study of America’s already pluralistic property system is so important. Second, building on Rosser’s detailed case study of Navajo land and economic development, I draw some wider lessons about the process of how land reform happens. Although law change is needed to implement many desired innovations, the Navajo experience underlines the critical role of local action, imagination, and persistence. Finally, the Essay takes a brief journey to review the experience of some First Nations in Canada—where Indigenous-led land reforms are also being pursued in a similar but different context—to expand on ideas about the architecture of successful land reform projects. When we widen our scholarly attention—humbly, and with respect—we find an abundance of critical, active land-reform projects that are ongoing and worthy of greater care and concern as we reimagine our future together in this world, and maybe the next.
Medill elected AALS Chair of the Section on Employee Benefits Law
13 Jun 2023
Professor Colleen E. Medill has been elected as the Chair of the Section on Employee Benefits Law for the Association of American Law Schools (AALS). As Chair, she is organizing a scholarly program on "Emerging Issues in Retirement Equity,” which will take place on January 4, 2024, at the AALS Annual Meeting in Washington, D.C. The program is being co-sponsored by the AALS Sections on Aging and the Law, Poverty Law, and Minority Groups.
Retirement equity addresses the structural barriers to accumulating retirement savings that result from the federal laws and regulations governing employer-sponsored retirement plans. Although the SECURE ACT 2.0 of 2022 attempted to address some of these structural barriers, more reforms are needed so that all workers can achieve retirement income security. The program speakers will explore these issues and propose potential solutions.
Berger featured on "Supreme Myths" podcast
12 Jun 2023
Professor Eric Berger was recently featured on "Supreme Myths," a podcast hosted by Professor Eric Segall of Georgia State College of Law. The podcast covers cases in the Supreme Court and constitutional law.
In this episode, Professor Berger discusses constitutional conceits in statutory interpretation, judicial rhetoric and the use of lethal injections. Listen here.
Beard presents at 1st Annual Future of Warfare and Law Symposium
12 Jun 2023
Professor Jack Beard presented “Military Space Operations Law: Missteps, Myths, and Challenges,” at the 1st Annual Future of Warfare and the Law Symposium at the U.S Army Futures Command in Austin, Texas, on May 11, 2023. The Symposium was co-sponsored by the United States Military Academy Lieber Institute for Law and Land Warfare and the Robert Strauss Center for International Security and Law at the University of Texas at Austin.
Cava, '24, clerks at Allo Fiber
31 May 2023
Matias Cava, '24, recently started as a summer law clerk at Allo Fiber, a prominent telecommunications company based in Nebraska.
"I'm excited to work with Allo because it is a young, Nebraska-born tech company in a period of exponential growth. Clerking with an expanding company means that I get to work on vital legal issues, be they cyber security, cyber policy, or research into arcane property laws. This work isn't filed away, never to be seen again. Instead, I work side-by-side with Allo's in-house counsel to come up with real solutions to real problems."
In addition to his clerkship, Matias is a Schmid Research Fellow, former Vice President of the Space, Cyber, and Telecomm Law Club, and was recently elected Editor in Chief for the Nebraska Law Review. Matias also played a vital role as a member of the '22-'23 Manfred Lachs Team, which placed third in the Semifinal rounds of the International Law Competition held in Washington DC in March 2023.
Matias initially chose Nebraska Law “(...) because of its world-renowned Space, Cyber, and National Security program, and its emphasis on expertise. It has been a privilege to learn from faculty like Professors Beard, Von der Dunk, and Langvardt."
When asked for advice for future students in the program, Matias highlights the significance of maintaining a strong connection to the initial inspiration to act.
"Never lose sight of what inspired you to pursue your interests. All three areas of law that this program comprises require vision to pursue seriously. This means investing in skills that will prepare you to navigate entirely new legal waters."
Pritchard-Kelly to teach new course on Telecommunications Regulation
22 May 2023
Ruth Pritchard-Kelly, a renowned expert in satellite regulatory policy with over 30 years of experience, will be instructing a new course on Telecommunications Law at Nebraska Law during the Fall 2023 semester. The course aims to provide students with a comprehensive understanding of the global legal framework governing wireless communications, including both terrestrial and space-based systems. By exploring the historical development of telecommunications and examining the economic drivers behind regulation, students will gain valuable insights into the current challenges facing the industry. Furthermore, the class will delve into common policy issues and cover the application process for licenses with the US Federal Communications Commission and the International Telecommunication Union.
Previously serving as the Senior Adviser for Space Policy at OneWeb, Pritchard-Kelly has advised governments and a wide range of public and private entities on regulatory, spectrum, and sustainable space policy matters. She currently holds a position on the Advisory Committee for the Secure World Foundation and has contributed to the boards of the US Telecommunications Training Institute, the Arthur C. Clarke Foundation, and the Commerce Department's Spectrum Management Advisory Committee. Ruth holds a Master's degree in space and telecommunications policy from George Washington University and a J.D. from the University of Maryland.
Lt. Col. Seth Dilworth to teach course on Space Operations Law
22 May 2023
Lt. Col. Seth Dilworth, a former Nebraska LL.M. alum, will be instructing a course on Space Operations Law during the J-Term in January 2024. The course will explore various topics pertaining to national security and military operations in outer space. Students will gain insights into the strategic aspects of the space domain, including the utilization of orbits and spectrum for enhancing national security, as well as delve into the historical development of space strategy. The course will also cover the roles of agency organizations, treaty interpretation, the law of armed conflict, department of defense rules of engagement, soft law, national policy, and NATO policy.
Dilworth currently serves as Deputy Chief Space Law Division & Space Law Attorney at the Office of the Judge Advocate General, USAF, at the Pentagon. He graduated with his J.D. from Arizona State University and has had a successful career as a Judge Advocate General with the Air Force, serving at many different bases while advocating for special victims and practicing operational law.
Blankley's article published by University of Miami Law Review
19 May 2023
Professor Kristen Blankley's article, "A Muddy Mess - the Supreme Court's Jurisprudence on Jurisdiction for Arbitration Matters," has been published by the University of Miami Law Review.
This article discusses the complications from the Court's 2022 decision Badgerow v. Waters, complicating federal court jurisdiction for arbitration issues.
Read the abstract below:
The Supreme Court’s 2022 Badgerow v. Waters decision attempts to create a bright-line rule regarding access to federal courts to hear arbitration matters. On its face, the Badgerow majority opinion reads like a straightforward exercise in textualism. Badgerow interpreted the judicial test for jurisdiction under the Federal Arbitration Act (“FAA”) provision regarding vacatur differently than it interpreted the jurisdictional test for a motion to compel under a different part of the statute. However, Badgerow leaves courts, which were already struggling to decipher the Supreme Court’s 2009 decision of Vaden v. Discover Bank, with a significant number of outstanding questions. Although these two cases can theoretically be read together, the two holdings leave open a host of practical difficulties that could lead to years of litigation on arbitration matters—matters that should otherwise be resolved simply and efficiently. This Article outlines the two decisions, how they are read together, and how they leave open inconsistencies. This Article then discusses the likely practical fallout from Badgerow, a proverbial “muddy mess.” The “muddy mess” has already begun to occur, based on early lower courts working with these two inconsistent precedents. This Article suggests legislative changes to create a consistent and predictable rule for motions dealing with arbitration practice.
Shoemaker elected VP of ALPS
19 May 2023
Professor Jessica Shoemaker has been elected Vice President of the Association of Law, Property & Society (ALPS) at their annual meeting, hosted by the University of Southampton in England. ALPS is an organization for scholars working on interdisciplinary legal scholarship on all aspects of property law and policy. This includes real, personal, intellectual, intangible, cultural, personal, and other forms of property.
Professor Shoemaker also served as Program Chair for this meeting, which drew over 150 scholars from around the globe to share interdisciplinary work on all aspects of property law, theory, and practice.