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Mueller, Blankley and Mason.

Blankley, Mueller, Mason selected for AALS Pro Bono Honor Roll

12 Dec 2022    

Professor Kristen Blankley, Director of Public Interest Programs Kala Mueller and Jordan Mason, ’23, were recently selected for the Inaugural Association of American Law Schools (AALS) Pro Bono Honor Roll. The AALS Pro Bono Honor Roll acknowledges and highlights the exceptional work of individuals engaging in, expanding and/or supporting their law school community in providing pro bono legal services.

For the purposes of this award, pro bono is defined as work that is primarily legal in nature, supervised by a licensed attorney (for law students), not for pay or academic credit and of service to underserved individuals, groups, or those with barriers to access to justice. Each recipient was nominated for their unique contributions to their community.

Professor Blankley focuses her pro bono work on online mediation services that reach underserved populations in rural Nebraska. She can mediate more than fifty cases per year, reaching more than one hundred parties. Many of her cases involve helping parents resolve difficult issues, including parenting across great distances, involvement of other family members in the lives of the children and tax issues complicated by the Advanced Child Tax Credit Payment program. She is one of 49 faculty members on the Honor Roll.  

Kala Mueller has led several efforts to develop public interest and pro bono-related opportunities. She leads the administration of the Nebraska Public Interest Law Fund, which provides a limited number of stipends to Nebraska Law students who secure unpaid summer positions that serve the public interest. She led the development of Nebraska Law’s Pro Bono Research Fellows Program, a free service for attorneys in need of research assistance on pro bono legal matters. As a member of the Nebraska State Bar Association’s Pro Bono Collaborative, she works with others to develop ways to increase access to justice in Nebraska and supports the Volunteer Lawyers Project. Kala is a member of the Midwest Innocence Project board of directors and president of their Nebraska Regional Advisory Council. She is one of 41 staff members on the Honor Roll.

Jordan Mason, a third-year student, worked for the Immigration Legal Services Team at Lutheran Family Services as a Nebraska Public Interest Law Fund Fellow in 2021. The legal team helps the immigrant, refugee and asylee communities with a wide variety of immigration needs, from filing petitions to applying for asylum. In her role, she compiled evidentiary support for immigration forms, drafted immigration petitions and communicated with clients. She continued this work in a pro bono capacity after her time as a fellow. Additionally, she did pro bono work for the Wills for Heroes Program and the Advance Directive Clinic Project last summer. “I thought it would be an excellent opportunity to learn about estate planning and draft actual estate documents for people in need,” Mason said. She is one of 51 students on the Honor Roll.

Learn more about Nebraska College of Law’s Pro Bono Initiative here.

Jessie Lee Ann McGrath

McGrath, ’87, among first cohort of attorneys who are transgender admitted to U.S. Supreme Court Bar

06 Dec 2022    

Nebraska Law alumna Jessie Lee Ann McGrath, ’87, is among a cohort of ten members of the National Trans Bar Association (“NTBA”) to be admitted to practice before the nation’s highest court. They are the first-ever cohort to do so.

The NTBA group spans the entire gamut of legal practitioners, from a senior prosecutor from California to a partner in a big law firm, to civil rights attorneys, private practitioners and those working in public advocacy work. "We put together this group wanting to showcase to the Court the spectrum of legal talent that happens to be transgender," said Lucas Cameron-Vaughn, Co-Chair of the NTBA. "The message this will deliver is that attorneys who are transgender are just like every other group of attorneys: talented, dedicated and working for clients across the nation," Cameron-Vaughn said.

The idea for the ceremony arose in October of 2019 during oral arguments in the seminal civil rights case, R.G. Harris Funeral Homes v. U.S. Equal Employment Opportunity Commission, when Justice Neil Gorsuch suggested that banning employment discrimination against individuals who are transgender would lead to "massive social upheaval."

Kristen Browde, Co-Chair of the NTBA, who attended the oral argument in person, was surprised when it appeared that the Court was unaware that there were at least a half dozen out transgender attorneys in the courtroom, including two—Chase Strangio and Gabriel Arkles—who were part of the team of ACLU attorneys arguing the case.

The Supreme Court admission ceremony was initially planned to take place two years ago, but due to the restrictions imposed by the COVID-19 pandemic, the NTBA opted to delay the ceremony so that the group could be presented to the full Supreme Court bench.

"It is vital that we demonstrate to this group of justices, and to the nation, that one's gender and presentation in no way affects the abilities or performance of that individual," said Browde, "And, particularly for those justices who have expressed views hostile to people who are transgender, I think it is important to show that we are fully prepared to continue the battle for equality at all levels of the law. Without equality there can be no justice."

The ten attorneys admitted as part of the Supreme Court ceremony were:

  • Rook Elizabeth Ringer, a private practitioner from Florida,
  • Jessie Lee Ann McGrath, ’87, a senior Assistant District Attorney in California
  • Harper Jean Tobin, a public policy attorney and consultant from the District of Columbia
  • Ames Barton Simmons, a public policy attorney from Georgia
  • Zsea Ofure Bowmani, a professor of law from Illinois
  • Sandy Evan James, a public policy attorney from Maryland
  • Carl Solomon Charles, a public policy attorney from New York
  • Alexander Luo Chen, a law professor from Massachusetts
  • Gene Michael Wissinger, a partner at a New York law firm
  • James Christopher Knapp, a private practitioner from Ohio

The National Trans Bar Association (“NTBA”) is a national bar association of transgender and gender nonconforming legal professionals, law school students and allies dedicated to transgender equality. The National Trans Bar Association’s core mission is to support transgender and gender nonconforming people in the legal profession and to increase the community’s access to affordable and culturally competent legal services. They also strive to secure formal legal protections for transgender and gender nonconforming people to meaningfully address issues of equity.

NY Emmy Nominee Amber Shavers.

Shavers, '09, nominated for NY Emmy

17 Nov 2022    

New 42 Chief of Staff Amber Shavers, '09, was recently nominated for a New York Emmy Award for her work as a producer on “Let’s Get This Show on the Street,” a special event aired by The WNET Group. The program was nominated on August 12, 2022 in the Special Event Coverage- Edited category. Amber is the daughter Anna W. Shavers, former Cline Williams Professor of Citizenship Law and associate dean for diversity and inclusion in the College of Law. 

“Let’s Get This Show on the Street” was an outdoor celebration of arts educators that took place on June 5, 2021. It featured artists such as Sara Bareilles, Dance Theatre Harlem, and Freestyle Love Supreme Academy and was livestreamed free to the public. Honorees included Dance Educator and Advocate Jody Gottfried Arnhold, the NYC Department of Education, and the NYC Office of Arts and Special Projects, accepted by Chancellor Meisha Porter. According to their website, New 42 is "a leading arts nonprofit whose mission is to make extraordinary performing arts a vital part of everyone's life from the earliest years onward." The organization works to engage young people, educators and artists with signature projects. The values of adventurous spirit, steadfast integrity, thoughtful ingenuity, inclusive community and heart are at the core of their vision.
 

Through the NY Emmys, the New York Chapter of The National Academy of Television Arts and Sciences looks to recognize talent and ability in creation, performance and composition of works that improve the quality of television. On October 6, the NY Emmy for Special Event Coverage- Edited was awarded to “On Stage Presents Broadway’s Revival” from Spectrum News NY1 and “Tunnel to Towers - 20 Years of Helping Others” from WNYW-TV.  

Additionally named in the nomination for “Let’s Get This Show on the Street” were Diane Masciale, Co-Executive in Charge; Neal Shapiro, Co-Executive in Charge; Kristy Geslain, Executive Producer; James King, Artistic Director; Joe Harrell, Executive Producer; Anna Campbell, Producer; Josh Broome, Re-Recording Mixer; Mary Ann Toman, Editor; Russell Granet, President & CEO; Elizabeth Cashour, Producer; Lauren Fitzgerald, Producer; Dave Upton, Producer. 

Read our Q&A with Amber Shavers below. 

What did this nomination mean to you and your team at New 42?   

This nomination was an incredible honor and unexpected.  It felt very special to be recognized in this way.  When we were producing the event the idea of receiving any kind of nomination or award never crossed our minds.  The event was challenging to produce since we were one of the first major outdoor events in Times Square "post"-Covid.  But we were truly committed to closing down 42nd street to support arts education and honor all of the arts education teachers who worked incredibly hard during the pandemic.  

How does your time at Nebraska Law inform the work you’re currently doing?   

I always tell people that my time at Nebraska Law was invaluable. One of the main things that I gained was a true belief that I could meet any challenge and find the information I need to know.  For example, on my first day of Trial Ad I found out the final would be doing a trial in front of a jury.  I remember thinking that this should be interesting since I didn't know the first thing about how that was going to work.  It ended up being one of my favorite classes and I felt a real sense of growth.  In the entertainment world, there are lots of moving parts and critical projects that can get thrown your way.  Yet, in large part because of my time at Nebraska Law, I know that if I don't have the answer or a plan initially, I'll be able to figure it out.   

What’s next for you and New 42?   

I am enjoying my current role and I'm thrilled that our theater and studios are back open.  I am proud to be a part of such a dynamic and creative community right in the middle of Times Square. I feel a special connection to NYC and I remain passionately committed to being a proponent of the arts.  NYC is open and I invite everyone to come and enjoy the city and catch a show -  whether it's for a return visit or the very first time!

Third year student Tony Reed.

Reed, '24, selected for 2022 Diverse Student ADR Summit

16 Nov 2022    

Tony Reed, '24, was recently selected by the American Arbitration Association (AAA) to attend the 2022 Diverse Student Alternative Dispute Resolution (ADR) Summit.

The program, launched in 2019, introduces ADR to students and provides an in-depth understanding of what it takes to become a successful arbitrator and/or mediator. The summit lasts a day and a half and features experienced ADR professionals and litigators from a variety of backgrounds. Attendees learn the importance of networking, connecting with mentors, gaining relevant experience and building a good reputation in the field.

Reed traveled to New York, New York to attend the summit on November 12 and 13. He was encouraged by Professor Kristen Blankely to apply and was one of 20 candidates selected from a large pool of applicants.

“One of the best parts was meeting law students from across the country,” he said. He said the experience was educational and the AAA offered guidance to those who wish to pursue dispute resolution in the future. Reed is currently working on completing a program of concentrated study, focusing on institutional equity and compliance in higher education.

Professor Justin Firestone

Professor Justin Firestone Presents at USAF Academy Webinar

15 Nov 2022    

Professor Justin Firestone, Assistant Professor of Practice in the Jeffrey S. Raikes School of Computer Science and Management at the University of Nebraska-Lincoln and faculty at the Nebraska Governance and Technology Center, presented at the first Law, Technology, and Warfare Research Cell Cyber Law Webinar on October 19th, 2022. This bi-weekly webinar series, hosted by the U.S. Air Force Academy, focuses on current developments in cybersecurity and law.

With an interdisciplinary research background which focuses on the intersection of computer science, synthetic biology, and regulatory frameworks, Dr. Firestone gave an engaging presentation centered on examining Section 230 and the Communications Decency Act, with an emphasis on the developing legislation Netchoice v. Paxton

The PDF of the 5th Circuit’s opinion can be found here: https://www.ca5.uscourts.gov/opinions/pub/21/21-51178-CV1.pdf

Professor Frans Von der Dunk presents on a panel at the University of Arizona event

Professor Frans von der Dunk Presents at University of Arizona Conference on Space Law and Policy

11 Nov 2022    

Professor Frans von der Dunk recently presented at "The Future is Now: Issues in Space Law and Policy" hosted by the University of Arizona on October 12, 2022 in Washington D.C. The event covered topics ranging from the Outer Space Treaty and property rights to resources, responsible stewardship of the Moon, the crowding of low earth orbit, and national security.

Professor von der Dunk was featured on the first panel on the Outer Space Treaty and Property rights, moderated by Stephen Fleming, Strategic Partnerships and Innovation, Center for Quantum Networks. Also featured on the panel was John Reed, Chief Rocket Scientist, United Lauch Alliance, and Laura Montgomery, Catholic University Columbus School of Law. Von der Dunk discussed the importance of Article II of the Outer Space Treaty and what it means for space mining: recognizing that outer space is a global commons, which entitles all states and the private sector to use resources for their own benefit within the bounds of international law. Additionally, the panel focused on developments in different countries' domestic laws, including the 2015 U.S. Commercial Space Launch Competitiveness Act, the 2017 Luxembourg Law on the Exploration and Use of Space Resources, the 2019 UAE Law on the Regulation of the Space Sector, the 2021 Japanese Space Resources Act, and the Artemis Accords. 

Brett Stohs headshot

Stohs selected for Faculty Leadership Program

09 Nov 2022    

Associate Professor Brett Stohs is one of 19 University of Nebraska-Lincoln faculty members selected by the Executive Vice Chancellor’s Office for the 2022-23 cohort of the Faculty Leadership in Academia: From Inspiration to Reality (FLAIR) program.

This program provides professional development for University faculty who are either considering a leadership role or are in their first leadership position and considering continuing on a leadership path. Participants will focus on learning about and preparing for potential leadership opportunities in campus administration, faculty governance, professional studies, research and academics. Additionally, they will have the opportunity to participate in panel discussions featuring university faculty in leadership roles both inside and outside the traditional academic leadership structure.

Stohs is the clinical associate professor of law and the Cline Williams director of the Weibling Entrepreneurship Clinic. Since the clinic opened in 2013, Professor Stohs has been pursuing research interests in the application of mind-mapping software to clinical legal education. His particular interests relate to using mind-mapping techniques to optimize client assignments to student participants in a live-client clinic. 

Professor Beard with Ukrainian students and members of the panel

Professor Beard Speaks on Russian Act of Aggression Against Ukraine at International Law Weekend

07 Nov 2022    

Professor Jack Beard served on a panel of experts discussing Russia's invasion of Ukraine and the crime of aggression at the Annual International Law Weekend of the American Branch of the International Law Association (ABILA) in New York City. The conference, held annually, features the world's leading international lawyers and diplomats. The theme for the 2022 International Law Weekend was The Next 100 Years of International Law, celebrating ABILA's centennial anniversary and reflecting on the past and future of international law. 

Professor Beard spoke during the panel on "Prosecuting the Crime of Aggression: Russia and Beyond in light of Russia's violation of the U.N. Charter." The panel discussed possibilities for prosecuting Russian military and civilian leaders for the crime of aggression. Along with specific models for doing so, the panel considered the limited jurisdictional regime that currently exists for the International Criminal Court, the geopolitical risks of the international system failing to pursue responsibility for the crime of aggression, and the enforcement of Article 2(4) of the U.N. Charter. The ABILA Committee on the Use of Force, which Professor Beard chairs, sponsored the panel. 

A photo of Associate Director Lauren Bydalek, JD student Matias Cava, LLM student Jill Sloan, and Executive Director Elsbeth Magilton take a photo together at the event.

Students Attend Women in Aerospace Awards Banquet

04 Nov 2022    

Students Jill Sloan (LLM '23) and Matias Cava (JD '24) were able to attend the 37th Women in Aerospace Awards banquet in Washington D.C. on October 13th, along with the program's Associate and Executive Directors. The event, which took place before Nebraska's Annual Space Law Fall Conference, showcases the accomplishments of educators, scientists, engineers, and other women making important contributions in the aerospace community. The Women in Aerospace Awards Dinner and Ceremony is an annual event celebrating women's professional excellence in the aerospace industry and is attended by industry and government leaders. Women in Aerospace is an organization dedicated to expanding women's opportunities for leadership and showcasing the accomplishments of women in the industry. The Space, Cyber, and Telecom Law Program received a NASA Nebraska educational grant, which helped to fund student travel to the Annual Conference and attendance at this prestigious event. 

Students stand in front of NASA HQ

Space, Cyber, and Telecommunications Law Students Visit NASA HQ

03 Nov 2022    

Every year, the Nebraska Space, Cyber, and Telecommunications Law Program provides student travel awards to attend our Fall Space Law Conference in Washington D.C. This year, thanks to coordination with David Lopez, and international law attorney at NASA Headquarters, students had the opportunity to spend afternoon hearing from lawyers in different practice sessions and tour the Space Operations Center.

The sessions included presentations from lawyers in different practice groups, including Margaret Roberts from the Commercial Law Practice Group, Tom McMurry and Sumara M. Thompson-king, who are the NASA General Counsel and Deputy General Counsel, Victoria Kauffman from the Contracts and Acquisition Integrity Practice Group, Brian Wessel from the Internationonal Law Practice Group, and Dave Barrett from the General Law Practice Group. Additionally, students received a tour of the Space Operations Center from Kevin Metrocavage, who has been a part of the ISS program since its assembly and was previously at NASA Johnson Mission Control. Students learned a lot, and the Program here at Nebraska greatly appreciated the opportunity to meet professionals, ask questions, and make connections. 

Students stand in front of a model of the Statue of Freedom in Emancipation Hall

Space, Cyber, and Telecom Law Students Tour US Capitol

03 Nov 2022    

Six students had the opportunity to travel to Washington D.C. with the Nebraska Space, Cyber, and Telecommunications Law Program for the Annual Space Law Fall Conference in October. While in DC for the conference, LLM and JD students also had the opportunity to tour the US Capitol. The tour was provided through Nebraska Senator Deb Fischer's office and guided by an interning staff member. The tour included vieiwings and interesting information about the Capitol Rotunda, the Old Supreme Court Chambers, the Old Senate Chamber, National Statutory Hall, Emancipation Hall, and the Crypt beneath the Rotunda. 

Professor Matt Schaefer headshot

Schaefer Shares International Trade Expertise at National and International Conferences

02 Nov 2022    

Schaefer co-organized, with Professor Richard Steinberg of UCLA Law School, an American Branch of International Law Association International Law Weekend trade law panel in New York City on October 21, 2022 titled, “The International Trade Regime’s Foundations in an Era of Increased Geopolitical Conflict.” Professor Schaefer also moderated the panel; speakers included Professor Steinberg, Professor Kathleen Claussen of University of Miami Law School, Kelly Ann Shaw, Partner at Hogan Lovells, and Professor Sergio Puig of University of Arizona Law School. 

Professor Schaefer also participated in two small roundtable discussions on trade sanctions and supply chains along with lawyers from Brazil, Italy, Germany, Canada, and Australia at the International Bar Association’s Annual Conference in Miami on October 31, 2022.

Professor Schaefer also was a speaker on the legal and regulatory panel at Morrison Foerster Law Firm’s (NYC) Sovereign Investor Conference on October 18, 2022 along with Thomas Ayres, Chief Legal Officer, Voyager Space, Karina Drees, President of the Commercial Space Flight Federation, and Emily Pierce, Attorney-Advisor, US State Department. 

Professor Schaefer also served as a discussant at the August 15, 2022 online “Four Societies” conference on – a joint conference of the American Society of International Law, the Canadian Council of International Law, the Australia-New Zealand Society of International Law and the Japan Society of International Law.  Professor Schaefer will serve as a discussant again at the ASIL Research Forum meeting on Nov. 12, 2022.

Schaefer is the Clayton Yeutter chair at the University of Nebraska College of Law and Yeutter Institute of International Trade and Finance. He previously served as the Veronica A. Haggart and Charles R. Work Professor of International Trade Law and the Founding Director of the Space, Cyber, and Telecommunications Law Program.

Elsbeth Magilton presents at IAC Paris

Elsbeth Magilton and Frans von der Dunk Present at International Astronautical Congress Conference in Paris

26 Oct 2022    

Executive Director, Elsbeth Magilton, and Professor Frans von der Dunk both prepared papers for presentation during the International Astronautical Congress Conference in Paris. Held in September 2022, the conference brings together global space players to encourage the development of astronautics for peaceful purposes, with more than 80 countries represented. 

Elsbeth Magilton presented her paper “Science and Strength: The History of the Relationship Between Civil and Military Space Organizations in the United States” during the IAA History of Astronautics Symposium. Her work, supported by 2L student and research assistant, Grant Jones, covered the historical relationships between the US military and commercial space businesses.  

At the same Symposium, alum Nathan Johnson (LL.M. ’15) presented on Andrew G. Haley, the first practicing space lawyer who helped found the International Astronautical Federal, the International Institute of Space Law, and the International Astronautical Association. 

Professor Frans von der Dunk, in addition to receiving the IAA Social Science Book Award on behalf of Irmgard Marboe, also presented during the IISL Colloquium on the Law of Outer Space. He presented his paper “What’s In A Name? – Legal aspects of ‘safety zones’ on celestial bodies and elsewhere in outer space.”  

Amare, Maul, Munderloh, and Shavers.

Alumni and former faculty honored with 2022 NSBA Public Service Awards

25 Oct 2022    

Three Nebraska Law alumni and a former faculty member were recently honored with 2022 Nebraska State Bar Association (NSBA) Public Service Awards.

The Outstanding Young Lawyer Award was presented to Lily Amare, '15. Amare is a partner at Cline Williams Wright Johnson & Oldfather where she practices in the areas of labor and employment, school law, employment litigation, and business litigation. This award is presented to a member of the NSBA Young Lawyers Section who has made exemplary contributions to the community and to public service; who has actively participated in state and local bar activities; and who stands out in the areas of professional knowledge, skill, integrity, and courtesy. In the legal community, Amare has been an active and involved member in Robert Van Pelt American Inns of Court since 2017 and has served as the Secretary/Treasurer since 2018. She has served as a Representative for District 3 for the NSBA Young Lawyers Section’s Executive Council. She also serves on the UNL College of Law Dean’s Advisory Board and serves as an adjunct faculty lecturer and teaches pretrial litigation at the UNL College of Law. Amare has been a member of Lincoln Literacy since 2017 and has served on the Board of Directors for HopeSpoke since 2019. (Top left)

The President’s Professional Award was presented to Thomas M. Maul, ’80, of Columbus. This award is presented to an NSBA member who exemplifies the attributes of the true professional; whose conduct is always consistent with the highest standards of practice; and who displays appropriate courtesy and respect of the public, clients, fellow attorneys, and the justice system. Maul is recognized for 42 years of exemplary service to our legal community. He has served on the NSBA Young Lawyers Section, the Nebraska State Bar Commission, the NSBA Legislation Committee, the NSBA Executive Council and as President of the Association. At the local level, he has represented his district on numerous Judicial Nominating Commissions, the Committee on Inquiry, and served as President and Secretary/Treasurer for the Platte County Bar Association. Maul has been recognized as a leader in promoting rural practice in underserved areas of our state through his involvement in the Rural Law Opportunities Program (RLOP) and nationally through his service on the Legal Services Corporation’s Rural Judicial Task Force. He is an estate planning lawyer and has actively supported his colleagues and the practice through his involvement in the Real Estate Probate and Trust Section and through his service on the Nebraska Supreme Court Commission on Guardianships and Conservatorships. (Top right)

The George H. Turner Award is presented to Matthew Munderloh, ’03, an attorney with Johnson & Mock, PC, LLO, where he has a general litigation practice that includes criminal defense, civil rights and constitutional litigation, and a variety of other civil disputes in state and federal courts. He also serves as city attorney for several Nebraska municipalities. This award is presented to a member of the NSBA who has demonstrated unusual efforts in furthering the public understanding of the legal system, the administration of justice, and confidence in the legal profession. Munderloh was selected due to his steadfast service to the public as counsel to individuals and Nebraska communities, including for his successful appeal (accepting only minimal compensation and assisted by ACLU of Nebraska) to the Nebraska Supreme Court in In Re Adoption of Yasmin S., which overturned a lower-court decision that held a same-sex married couple could not adopt a child in Nebraska. Munderloh’s work to help ensure the rights of all Nebraskans strengthens public confidence in the legal profession. (Bottom left)

The Outstanding Contributor to Women in the Law Award was presented to former Nebraska College of Law Dean for Diversity and Inclusion, Anna Williams Shavers (posthumously). This award is presented to a member of the NSBA Women and the Law Section to recognize the lifetime accomplishments of an individual who directly contributed to the active integration and participation of women in the Nebraska system of justice. Dean Shavers was tireless in her mentorship and advocacy for students—especially students of color and young women individually—and as faculty advisor to the Multi-Cultural Legal Society, Black Law Student Association and Muslim Law Student Association. Dean Shavers was a strong advocate for inclusion, dedicating much of her distinguished career to making sure everyone felt valued and supported. She led the University of Nebraska College of Law’s efforts to promote an inclusive community through sponsoring numerous speakers and faculty workshops on inclusive pedagogy and implicit bias. (Bottom right)

Mailyn Fidler.

Fidler’s Article Accepted by Southern Methodist University Law Review

25 Oct 2022    

Assistant Professor Mailyn Fidler’s article, Warranted Exclusion: A Case for a Fourth Amendment Built on the Right to Exclude, has been accepted for publication by the Southern Methodist University Law Review. In her article, Fidler examines Fourth Amendment protection and a “situational right to exclude.” This article provides an approach based on a flexible conception of property rights. 

Read the abstract below:

Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine—the reasonable expectation of privacy test—struggles with conceptual clarity and predictability. The Supreme Court’s recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the leading competing basis for the Fourth Amendment, what I call the “maximalist” property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible conception of property rights—what this Article terms a “situational right to exclude.” When a searchee has a right to exclude some lawabiding person from the thing to be searched, in some circumstance, the government must obtain a warrant before gathering information about that item. Keeping the government out is warranted when an individual has a situational right to exclude; it is exactly then that the government must get a warrant.

Dayna Goff.

Goff, '18, represents Young Lawyers Section on NSBA Executive Council

25 Oct 2022    

On October 14th, Dayna L. Goff began her term on the NSBA Executive Council representing the Young Lawyers Section.

Goff works at the University of Nebraska's Center for Children, Family and the Law and maintains a private juvenile law practice in Lincoln. She is also a Parenting Act and S.A.D.R. trained mediator associated with The Mediation Center. She has a Bachelor's and Master's in Social Worker and practiced as a social worker in child welfare prior to law school. She is currently a member of the Robert Van Pelt Inns of Court, mentors law students at the Nebraska College of Law, is serving on this year's NSBA Barrister's Ball Committee and is an active member in the Young Lawyers Section. In her free time, Dayna enjoys reading and spending time with her husband and two dogs.

Michael J. McCarthy.

McCarthy, '75, assumes post as NSBA President-Elect

25 Oct 2022    

At the conclusion of the NSBA Annual Meeting Friday, October 14th, Michael J. McCarthy (North Platte) assumed his post as President-Elect of the Nebraska State Bar Association (NSBA).

Michael J. McCarthy of North Platte was elected President-Elect Designate to succeed Jason Grams as President-Elect. McCarthy will serve as NSBA President from October 2023 to October 2024.

McCarthy is Of Counsel at Dvorak Law Group, LLC in North Platte. McCarthy’s practice focuses on estate planning, probate, real estate, and corporate and business planning. He advises individuals in the structuring of their estate plans and assists in preparation of their wills, trusts, powers of attorney, and advance directives/living wills. He also represents clients in probate and trust administration matters. Mike has over 40 years’ experience assisting clients with their estate/wealth planning needs.

McCarthy has served the NSBA as a house of delegates member representing the eleventh judicial district and served as Chair of the House of Delegates in 2019. McCarthy also represented the 6th Supreme Court Judicial District on the NSBA’s Executive Council from 2013-2016 and chaired the Nebraska Commission on the Unauthorized Practice of Law from 2008-2012. On a local level, McCarthy served on the North Platte Board of Education and the Great Plains Health Board of Directors as both a Board member and Board Chair. McCarthy also served on the North Platte Area Chamber of Commerce and Development Corporation Board of Directors from 2008-2012.

McCarthy graduated from the University of Nebraska College of Law in 1975. McCarthy and his wife Janie, have four sons, Matthew, Marcus, Mitchel and Jacob, and nine grandchildren.

Lauren Olsen headshot

Olsen, '23, selected as 2022-2023 Legal Education Police Practices Consortium Fellow

24 Oct 2022    

Third-year student Lauren Olsen has been selected to serve as this year’s Legal Education Police Practices Consortium Fellow for Nebraska Law. Organized and housed within the American Bar Association (ABA) Criminal Justice Section, the consortium contributes to the national effort to examine and address legal issues in policing and public safety, including conduct, oversight and the evolving nature of police work.

This is accomplished through leveraging the ABA’s expertise and that of participating ABA-accredited law schools to collaborate on projects to develop and implement more effective, human rights-compliant police practices throughout the United States. For the 2022-23 academic year, each participating law school chose one law student to engage in the project as a Consortium Fellow.

The Consortium was established in 2020 and is still in its early stages. Olsen said the current goal is to collect as much information as possible about the state of policing in America. In order to enact change, she said, you must first figure out what you are working with. “Education and research is a huge part of driving change,” she said.

Olsen found out about the consortium after she was hired to assist the city attorney of Lincoln last year, who serves as the legal adviser to the Lincoln Police Department. She had no say in where she would be placed but wound up loving the position and discovering a newfound interest in the inner workings of the department. “I stumbled into it kind of by accident,” she said. When she learned about the fellowship, she seized the opportunity. “I thought it would be an interesting way for me to use my experience and interest in transforming policing in a tangible academic way," she said.

Looking forward, Olsen said she hopes additional schools decide to participate in the fellowship. The more people involved in the program and providing data, the better, she said. “We’re not going to see long-term change if we don’t have people participating in the conversation around the change,” she said.

Professor Frans von der Dunk shakes hands with the award presenter at the IAC Awards Banquet.

Professors Beard and von der Dunk Contribute to Award-Winning Book

21 Oct 2022    

The book “Legal Aspects of Planetary Defence” edited by Irmgard Marboe, recently received the 2022 IAA Social Science Book Award. The annual award recognizes excellence in the creation of a social science publication made by an International Academy of Astronautics member. Professors Jack Beard and Frans von der Dunk both made contributions to the book, which covers legal and policy aspects of “planetary defence” activities aimed at the mitigation of impact threats for objects in Earth’s orbit. 

Professor von der Dunk contributed two chapters to the book. One covered the enhancement of public awareness of planetary defence and international cooperative efforts, while another chapter covered the legal aspects of threat response for objects in Near-Earth Orbits. Professor Beard contributed a chapter on nuclear non-proliferation as it relates to planetary defence.

The award was presented at the IAC award ceremony in September 2022 in Paris.

Professor von der Dunk gives remarks during the presentation of the IAA Social Sciences Book Award

Pictures by Dr. Dorin Prunariu, published with kind permission. 

Photo of Jason Grams

Grams, '07, Elected President of NSBA

20 Oct 2022    

At the conclusion of the Nebraska State Bar Association (NSBA) Annual Meeting Oct. 11-14, 2022, Jason W. Grams of Omaha accepted the gavel from outgoing NSBA President William J. Mueller and began his term as NSBA President for the next year. 

Jason Grams is a partner of Lamson, Dugan & Murray, LLP.  Grams advises businesses and individuals in complex litigation matters. Prior to joining the firm, he served as a law clerk to Chief Judge William Jay Riley of the United States Court of Appeals for the Eighth Circuit and to Senior Judge Lyle E. Strom of the United States District Court for the District of Nebraska. 

Grams has served the NSBA as a House of Delegates member since 2013, is a graduate of the NSBA leadership academy, and a member of the Practice and Procedure Committee and the Appellate Practice Section.  He is also President of the Eighth Circuit Bar Association, a fellow of the American Bar Foundation and the Nebraska State Bar Foundation, and a member of the Omaha Bar Association and American Bar Association. He has been a member of the Robert M. Spire (Omaha) American Inn of Court for many years and served as its treasurer from 2010-2014 and its president from 2014-2015.

Jason is rated AV-Preeminent by Martindale-Hubble and is listed in Best Lawyers and Great Plains Super Lawyers for commercial litigation.  He graduated with high distinction from the University of Nebraska College of Law (order of the coif, order of the barristers).  In law school, Jason was an executive editor of the Nebraska Law Review, a member of the national moot court team, and winner of numerous scholarships and awards.  Jason and his wife, UNO philosopher Dr. Laura W. Grams, have three children, Elizabeth, Alexis, and Patton.