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Damon Hudson and Kelsey Arends

Hudson and Arends Win Regional Client Counseling Competition

19 Feb 2018    

The team of Damon Hudson and Kelsey Arends, both 2L students, won the American Bar Association's 2018 Region 8 Client Counseling Competition. This marks Nebraska's 17th regional win. They will move on to represent Nebraska Law and Region 8 at the 2018 ABA National Client Counseling Competition in Durham, North Carolina in March. There they will face the winning teams from each of the ABA's other 11 regional competitions. 

Megan Meyerson and Lora Waeckerle, 3Ls, and Ken Yoho and Isaiah Frohling, 2Ls, also competed in the Region 8 competition. The teams are coached by professors Alan Frank, Craig Lawson, and Brett Stohs, and adjunct professor Audrey Polt, '12.

The 2017-2018 topic is intentional torts.

Joe Kelly

Kelly, '81, Confirmed as U.S. Attorney for Nebraska

16 Feb 2018    

The Senate on Thursday confirmed the nomination of Lancaster County Attorney Joe Kelly, '81, to serve as U.S. attorney for Nebraska.

The nomination was approved by unanimous consent.

Kelly was nominated by President Donald Trump to succeed Robert Stuart, who has served as acting U.S. attorney since Deborah Gilg, '77, retired last March.

Kelly was elected as county attorney in 2010 and re-elected in 2014. Before his election, he served as chief deputy county attorney and has more than 30 years of experience as a prosecutor in the county attorney's office.

THRIVE

Nebraska Law Students Volunteer with Omaha Public School’s THRIVE Leadership Club

15 Feb 2018    

Twenty-eight law students and four College of Law professors volunteered at Benson High, Omaha Northwest, and Omaha South, as part of each schools’ THRIVE Leadership Club programming.

THRIVE is an after-school leadership program in five Omaha Public Schools: Benson, Bryan, Central, Northwest and South high schools. The club is designed to help students become leaders who give back to the community through acts of volunteer service. Students learn to communicate with each other, work together to accomplish a common goal, and to make good decisions in all areas of their lives.

During the events with Nebraska Law, high school students listened to presentations on responsible renting. They were then given hypothetical situations based on common problems Omaha renters face. The high school students were broken into groups, each led by Nebraska Law students, to work through how these situations should be handled. Each group presented a skit based on their situation.

Nebraska Law Students at THRIVE

The Nebraska Law students were also able to speak to the high school students about the Underserved Law Opportunities Program, share what law school is like, and discuss different types of legal careers.

Professor von der Dunk

Von der Dunk’s Article Published in Michigan State International Law Review

15 Feb 2018    

Professor Frans von der Dunk’s article Asteroid Mining: International and National Legal Aspects, was published in the Michigan State International Law Review.

Asteroid mining is one of the more challenging issues not only technology speaking but also legally speaking: the Outer Space Treaty, the sole international legal document in force relevant to the matter, only provides for fairly general legal principles. The particular interpretation thereof for asteroid mining consequently is currently a matter for debate; the current article defends the proposition that the most sensible and appropriate interpretation thereof allows for commercial asteroid mining under national licenses as long as such licenses provide for sufficient supervision and legal control over the operation by the licensing state and guarantee compliance of licensees with the few more substantive requirements currently imposed by international space law, such as concerning liability for damage and the avoidance of harmful interference with other legitimate space activities. Even the Moon Agreement, though not in force as for the major spacefaring countries, seems to allow such a conclusion, much as it seems to aim for an international licensing regime as opposed to national discretion to license.

Adelaide

Nebraska College of Law hosts Australian law students and faculty

12 Feb 2018    

Twenty-one undergraduate law students from the University of Adelaide visited the Nebraska College of Law as part of their Space Law and National Security Tour 

The students, accompanied by Professor Dale Stephens and Dean Melissa de Zwart, also made stops in Washington D.C., and Cambridge, Mass. The Space, Cyber, and Telecommunications Law program and the International Law Students Association are hosting the group.

Since 2008, Nebraska has been the only law college in that nation to offer an LL.M. degree in space, cyber, and telecommunications law. The program, available on-campus or as an interactive online program, allows students to bridge the gap between law and technology. While in Nebraska, Adelaide students met with Professors Jack Beard and Matthew Schaefer to focus on the laws and policies specifically relating to national security and space law.

In addition, the Australian students attended law classes, learned about legal structures at the Nebraska Capitol and United States Court of Appeals for the Eighth Circuit, visited the Strategic Air & Space Museum, and experienced the daily life of an American law student. 

Professors of the Year

Wittlin, Thimmesch Recognized for Outstanding Teaching

12 Feb 2018    

On Friday, February 9, College of Law students and faculty gathered at the Talon Room for the Student Bar Association’s annual Meeting of the Minds. Each year the event serves as an opportunity for students to recognize faculty with the Outstanding 1L Professor and Outstanding Upperclass Professor awards. This year’s awards were given to Professor Maggie Wittlin and Professor Adam Thimmesch, respectively. This is the second year in a row that these two professors have been honored with these awards, and the third time Thimmesch has been recognized as the Outstanding Upperclass Professor. In addition to these traditional awards, the students honored Assistant Dean for Student Affairs Marc Pearce for his tremendous contributions to the academic success of students. 

In addition to the faculty awards, students are also recognized for their academic achievements. This year the following students received the following awards:

McGrath North Mullin & Kratz Legal Writing Award:    
Troy Anderson
Mary Marcum
Claire E. Monroe
Christopher Page
John Rockenback
Sami Schmit             
Nick Knihinsky
Michaela Lutz
Lauren Nichols

Silver Quill Award:  Troy Anderson

Harold W. Kauffman Best Brief: John Rockenback, David Shea
Professor Arthur Bruce Winter Constitutional Law Scholar Award: John Rockenback   
Great Plains Federal Tax Institute Philip G. Johnson Scholarship: Gregory Moran
 
Great Plains Federal Tax Institute David A. Ludtke Scholarship: Brittney Moriarty
Marvin & Virginia Schmid Honor Scholars:
Alexander Clauson
James Michael Hannon
Sydney M. Huss
Adam J. Kost
Megan R. Meyerson
Gregory M. Moran
Chelsea Avent
Kalli Gloudemans
Nicholas Meyesenberg
William Nelson
Jeffrey Story
Jared Koch (Editor-in-Chief, Nebraska Law Review)
Margaret Jackson (Chair, Nebraska Moot Court Board)
College of Law

Potuto Discusses NCAA Role in Nassar Investigation

02 Feb 2018    

As the investigation of Michigan State University and Larry Nassar continues, Professor Jo Potuto discusses the role of the NCAA infractions committee.

Media coverage is available below.

Associated Press

The New York Times

CBS Sports

Inside Higher Ed

The Chronicle of Higher Education

Professor Eric Berger

Berger's Article Published in BYU Law Review

25 Jan 2018    

Professor Eric Berger’s article When Facts Don’t Matter was published in the BYU Law Review.

The article studies the Roberts Court’s penchant for brushing aside inconvenient facts in some high-profile constitutional cases.  Using three prominent decisions as case studies, it argues that a majority of Justices too often rely on novel constitutional doctrine to dismiss congressional findings and other facts. This collective disdain for facts muddles constitutional law, aggrandizes the judiciary, and privileges ideology over evidence. Of course, the relevance of particular facts is ultimately a legal question, so the Court clearly enjoys the prerogative to determine which findings have constitutional salience. That said, the Court still owes Congress and the country a more careful explanation when it deems irrelevant the very facts that prompted legislative action in the first place.

Rural Law Opportunities Program

Rural Law Opportunities Program Named 2018 American Bar Association Brown Select Award Recipient

18 Jan 2018    

The Rural Law Opportunities Program (RLOP) was named the 2018 American Bar Association (ABA) Brown Select Award recipient. Over 3,000 people voted to determine the winner.

The award is a component of the Louis M. Brown Award for Legal Access, which is an annual award that recognizes programs and projects that enable affordable access to legal services for those of moderate income in ways that are exemplary and replicable. 

All nominees for the Louis M. Brown Award are entered in the running for the Brown Select Award, which is determined by online votes from the public. This component of the award was developed to help elevate the awareness of the Award and advance insights into the work of the nominees. The Rural Law Opportunities Program was recognized as the Brown Select winner out of 43 nominees for the Louis M. Brown Award for Legal Access.

“This program exemplifies the tremendous value our colleges bring to the State of Nebraska,” said Stan Carpenter, Chancellor of the Nebraska State College System. “With the shortage of attorneys in rural Nebraska, this partnership benefits our students, institutions, and the community at large. We are honored to receive this prestigious award during the program’s first year of operation.”

The Rural Law Opportunities Program (RLOP) at Chadron State, Wayne State and the University of Nebraska at Kearney is a unique partnership with the University of Nebraska College of Law that aims to increase access to legal representation for all Nebraskans. Students from rural Nebraska are selected by each of the institutions and guaranteed a spot in the University of Nebraska College of Law if they maintain good grades in college, complete their undergraduate requirements and score well on the Law School Admission Test (LSAT).

Richard Moberly, Dean of the University of Nebraska College of the Law said, “The University of Nebraska College of Law appreciates being part of a partnership focused on bringing great students into the legal profession while also helping solve the problem that Nebraska’s rural areas do not have enough lawyers." The undergraduate program includes mentoring from the University of Nebraska College of Law, trips to the law school, LSAT preparatory courses, and undergraduate internships. Once these students complete their law program, the hope is that they will then return to rural areas in Nebraska to practice law. 

Initial discussions for the RLOP program began during the summer of 2016, implementation occurred fall of 2016, and the inaugural class of RLOP candidates was welcomed this past fall 2017. Each year, Chadron State, Wayne State and the University of Nebraska at Kearney will select five high school seniors to participate in the RLOP program. 

The American Bar Association Standing Committee on the Delivery of Legal Services reviews the nominations and selects the Brown Award recipient. The awards will be presented at the ABA Midyear Meeting on February 2nd in Vancouver, Canada. The RLOP will receive the Brown Select Award and the Chicago Bar Foundation will receive the 2018 Louis M. Brown Award. The American Bar Association will also acknowledge the British Columbia Civil Resolution Tribunal and Chi City Legal for Meritorious Recognition.

Updated DACA Information

Updated Information on Deferred Action for Childhood Arrivals (DACA) Program

16 Jan 2018    

United States Citizenship and Immigration Services (USCIS) recently posted an advisory reinstating the Deferred Action for Childhood Arrivals (DACA) program.  This reinstatement is the result of a recent federal court decision that prevented USCIS from ending DACA, at least for the time being.  A copy of the federal court order can be found at  https://assets.documentcloud.org/documents/4345906/1-9-18-DACA-Opinion.pdf.

 The full advisory reinstating the DACA program can be found on the USCIS web site at:  https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction.

The following individuals are eligible to reapply for DACA:

  1. Those who otherwise meet the guidelines of the original DACA program.  Those requirements can be found here: https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf.

  2. Those who had previously been granted DACA.  Individuals who have never received DACA before cannot now apply.  However, those who previously received DACA before can apply for it again, provided they meet the original program eligibility guidelines, even if their DACA status has already expired.  The USCIS advisory divides those eligible to reapply into two categories:
  • Individuals whose DACA status expired on or after September 15, 2016.  Those individuals should file their applications asrenewal applications.
  • Individuals whose DACA status expired before September 15, 2016.  Those individuals should file their applications as “initial requests.”

The USCIS web site has links to the forms and instructions necessary to complete both renewal and “initial request” applications.  Those who wish to apply should do so quickly, since the federal court litigation is ongoing and it is unclear how long USCIS may be required to accept applications.

Lindsey Wylie

Wylie, '13, Joins Faculty at University of Nebraska Omaha

12 Jan 2018    

Lindsey Wylie, '13, has joined the faculty at the University of Nebraska Omaha, School of Criminology and Criminal Justice Juvenile Justice Institute.

She recently published an article in Psychology, Public Policy, and the Law titled Extraordinary and Compelling: The Use of Compassionate Release Laws in the United States.

Kelsey Heino

Heino, '17, Joins Goosmann Law Firm

03 Jan 2018    

Jeana Goosmann, CEO & Managing Partner of the Goosmann Law Firm, is pleased to announce that Attorney Kelsey Heino has joined the team at their Sioux City, Iowa, law firm location. Heino is a complex litigation lawyer and works to protect clients and their companies during trial, navigating the complex issues of litigation to achieve their goals.

From business and employment litigation to complex divorce and family law matters, Kelsey works with companies, individuals, high liability professionals, banks, finance companies, credit card processors, health care providers and staffing agencies to protect their name and money. Heino joins the firm experience working at a Fortune 500 company as a claims professional, giving her extensive knowledge in negotiating complex issues.

Originally from Carroll, Iowa, Heino received her undergraduate degree from Iowa State University and Juris Doctor from the University of Nebraska College of Law. Heino is licensed to practice in Nebraska.

Heino says, “I am excited to join a team that thinks outside of the box and goes the extra mile for their clients. That’s what matters and makes my job worth it.”

The Goosmann Law Firm is a full-service law firm with locations in Sioux City, Iowa; Sioux Falls, South Dakota; and Omaha, Nebraska. To learn more about the Goosmann Law Firm, visit their website at www.GoosmannLaw.com or call (855) 843-4531.

Kevin Corlew

Corlew, ’05, Named Chair of Missouri House Judiciary Committee

07 Dec 2017    

Kevin Corlew, ’05, was named to chair the Missouri House Judiciary Committee for the 2018 legislative session. He had previously served as vice chair of the committee.

In appointing Corlew to chair the committee, House Speaker Todd Richardson praised his outstanding service as vice chair of the committee and his legislative efforts to improve Missouri’s court system.

 Corlew is in his second term as a member of the Missouri House of Representatives. He represents the 14th legislative district in the Kansas City metro area known as the Northland. In addition to his legislative duties, Representative Corlew is an attorney. His practice involves business litigation at Shook, Hardy & Bacon in Kansas City.

Katie Miller

Miller, '16, Named Research Fellow at Berkeley Law

05 Dec 2017    

Kathleen (Katie) Miller, '16, has joined the Center for Law, Energy, and the Environment (CLEE) as a Research Fellow for the Wheeler Water Institute at Berkeley Law. At CLEE, Katie's work focuses on interdisciplinary approaches to solving current and emerging California water issues. Before joining CLEE, Katie was a part of the Agriculture, Environment, and Natural Resources Bureau at the Nebraska Attorney General's Office, where she primarily worked on water rights cases.
Atwood, Hertz and Nelson Advance to National Moot Court Competition Finals

Atwood, Hertz and Nelson Advance to National Moot Court Competition Finals

22 Nov 2017    

3Ls Jennifer Atwood, Mackenzie Hertz and Morgan Nelson placed second in the Region 9 competition of the New York City Bar Association’s National Moot Court Competition. The team, coached by alumnus Shannon Doering, ’99, will advance to the national competition finals to be held in New York City January 29-February 1, 2018.

A second Nebraska Law team comprised of William Beerman, Tiffany Boutcher and Tara Holterhaus also made an impressive showing at the Region 9 competition, advancing to the quarterfinals.

Teams from the University of Arkansas, Creighton University, University of Kansas, University of Missouri, University of Missouri-Kansas City, University of Nebraska, University of Oklahoma, St. Louis University, and Washburn participated in the Region 9 competition held at the University of Nebraska College of Law. The semi-final and final rounds were held at the Nebraska State Capitol Building.

The University of Oklahoma College of Law team of Josh Fanelli, Bryan Lynch and Alex Sokolosky placed first in the final round. 

Constance Endelicato

Endelicato, '88, Named to Business Insurance CLM’s List of Women to Watch

10 Nov 2017    

Constance Endelicato, '88, a partner at Wood, Smith, Henning & Berman LLP, was named to Business Insurance CLM’s prestigious list of “Women to Watch.” An accomplished lawyer with over 29 years of litigation experience defending healthcare providers, Endelicato has achieved an incredible unmarred record of trying over sixty jury trials and binding arbitrations, having never been defeated. Endelicato will be honored at the 12th Annual Women To Watch Awards & Leadership Conference December 14-15th at the Grand Hyatt New York, where social humanitarian and actress, Ashley Judd will deliver the keynote address.

“This is truly an honor particularly in light of the fact that the Women to Watch awards is the only recognition program that celebrates leading women from every facet of the commercial insurance industry, said Endelicato. “Since its inception in 2006, it has grown into an educational program aimed at the advancement of women in commercial insurance, risk management and related fields.”

Endelicato’s clients include physicians in all disciplines of medicine, hospitals, skilled nursing facilities, surgery centers, and allied healthcare professionals. Her cases range from catastrophic injuries, including birth injury, spinal cord injury, and brain injury, to elder and dependent abuse, wrongful death actions, and mass tort litigation.

Her extensive trial experience has afforded her membership in the prestigious American Board of Trial Advocates, among a nominal number of women in the United States. Endelicato was also nominated into membership of the exclusive International Association of Defense Counsel where she is an active member of the Medical Defense and Health Law Committee.

Additionally, Endelicato was named by the Los Angeles and San Francisco legal newspaper, The Daily Journal, as one of the Top 100 Women Lawyers in California. She has also been recognized as one of the Top 50 Most Influential Women Lawyers by Los Angeles Business Journal. She was also honored by Los Angeles Magazine as one of the Top Women Attorneys in Southern California. She also received the designation of Super Lawyer in Southern California by Los Angeles Magazine, Super Lawyer in Orange County by Orange Coast Magazine, and Top Lawyer by Pasadena Magazine and also holds an AV-Preeminent Rating which is the highest rating awarded by Martindale Hubbell.

Professor Jessica Shoemaker

Shoemaker's Essay Published in Great Plains Research

02 Nov 2017    

Professor Jessica Shoemaker's invited essay, “Pipelines, Protest, and Property,” has  been published in Great Plains Research. This essay explores fundamental ideas about private property ownership—and what it means to be a region dominated by privately held lands—though the lens of the recent Dakota Access and Keystone XL pipeline controversies. Although the purpose is not to resolve any lingering disputes about the pipelines themselves, the essay does highlight some of the unique land tenure issues that impact Indigenous peoples especially and the potential for more cooperative, land-based reconciliation in the Great Plains going forward. It also concisely summarizes the status of the legal controversies around these pipelines.  

Professor Eric Berger

Berger’s Article Published in Drake Law Review

01 Nov 2017    

Professor Eric Berger’s article Of Law and Legacies was published in the Drake Law Review. The article is an invited symposium contribution. The article abstract is below: 

This contribution to the symposium on President Obama’s constitutional legacy examines the relationship between constitutional law and presidential legacies.  Americans respect or even revere many presidents despite their apparent constitutional violations.  Some unconstitutional actions, though, appear more forgivable than others.  The effect constitutional transgressions may have on a president’s more general legacy turns on a variety of contextual factors, including, among others, the president’s values and vision, the administration’s political successes and failures, political opponents’ principles and behavior, the challenges confronting the country, and the nature of the constitutional norms at issue.  Constitutional law, as articulated by lawyers and judges, is not irrelevant to presidential legacies, but it rarely defines them.  

While some of President Obama’s unilateral executive actions raised serious constitutional questions, it is unlikely his legacy will turn on those measures’ legality.  In most cases, President Obama followed past presidential practices and offered colorable (though admittedly contestable) legal defenses.  Moreover, context helps explain, if not completely justify, many of Obama’s controversial actions.  To this extent, historians and members of the general public are likely to view the Obama presidency through a broader, non-legal lens, considering, inter alia, the challenges he inherited, the policies he helped implement, and, especially, the vitriolic opposition he faced in Congress. 

Indeed, the lead constitutional story from the Obama years will likely highlight not particular executive actions but rather our constitutional system’s deficiencies more generally.  American politics became increasingly dysfunctional during Obama’s presidency, and they have not improved since.  Dysfunctional politics, of course, ought not immunize executive actions from legal attack.  However, the depth of this dysfunction should encourage lawyers to broaden their focus beyond narrow questions of legality in individual cases to more fundamental concerns about the health of our constitutional democracy. 

Professor Richard Leiter

Leiter Publishes Updated Book

23 Oct 2017    

Professor Richard Leiter’s updated supplement to Landmark Supreme Court Cases is now available. The new edition includes new cases from the 2011-2014 terms of the United States Supreme Court, which ended in the summer of 2015.

In those four terms of the Court, forty-six cases were selected as “landmark,” meaning that they are cases that have been featured prominently in scholarship, the press or popular media. Of all the cases, there were a few standouts, such as Obergefell v Hodges, the case that found a constitutional protection for all same sex couples that wish to get married in any state, that had a profound effect on every state and arguably, American society as a whole. Only time will tell if other cases on the list, such as Burwell v Hobby Lobby, will continue to be seen as having as large an impact.

In addition to the cases updating these four terms, the book also added coverage of landmark cases in the field of Environmental and Water Law. Since the majority of landmark legislation regarding clean water, pollution and other environmental issues was passed in the early 1970’s, many of the landmark cases as relatively recent.

Gregg Moran and Brittney Moriarty

Moran and Moriarty Awarded Federal Tax Institute Scholarships

23 Oct 2017    

Gregg Moran, 3L, is the recipient of the Philip Johnson Great Plains Federal Tax Institute Scholarship. The Philip Johnson Great Plains Federal Tax Institute Scholarship was established by the Great Plains Federal Tax Institute in memory of Philip G. Johnson, a lawyer, CPA, and co-founder of the Institute. It is awarded annually to a full-time third year College of Law student who has excelled in tax courses and has a strong interest in a career in tax law.

Brittney Moriarty, 3L, is the recipient of the David A. Ludtke Great Plains Federal Tax Institute Scholarship. The David A. Ludtke Great Plains Federal Tax Institute Scholarship was established by the Great Plains Federal Tax Institute in honor of David Ludtke, a tax lawyer, former tax professor at the Nebraska College of Law and longtime member of the Institute. It is awarded annually to a full-time third year College of Law student who has a demonstrated interest in taxation, business, or related subjects.

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