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.
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.
Wittlin, Thimmesch Recognized for Outstanding Teaching
12 Feb 2018
Mary Marcum
Claire E. Monroe
Christopher Page
John Rockenback
Nick Knihinsky
Michaela Lutz
Lauren Nichols
Silver Quill Award: Troy Anderson
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.
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 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 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:
- 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.
- 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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
Clinic Students Participate in Mobile Consular Clinic
23 Oct 2017
On Saturday, October 21, nine law students, accompanied by Professor Kevin Ruser, provided immigration advice to clients at St. Mary’s Cathedral in Grand Island at a “mobile consular clinic” sponsored by the Mexican Consulate in Omaha. Omaha Consulate staff periodically travels to various locations throughout Nebraska and Iowa to provide consular services to its constituents. The types of services provided include producing Mexican passports, national identification cards, and other types of documents required by Mexican citizens. The Consulate has also asked other organizations to be on hand at these events to answer any immigration questions that attendees might have. Various organizations were on hand to address immigration-related issues on Saturday, including the Center for Legal Immigration Assistance, Catholic Charities, and Nebraska Appleseed. This is the first time Nebraska law students have participated in this event.
During the day, the students, under Professor Ruser’s supervision, met with various clients on a limited scope basis to provide on-the-spot counseling and advice relating to immigration questions presented by the clients. The students also assisted various clients in executing temporary delegation of parental powers documents. In preparation for this events, the students attended a three-hour training with Professor Ruser that dealt with the types of immigration issues they were likely to encounter at the clinic.
The nine students who participated in this “walk-in” immigration clinic include the three students currently enrolled in the Immigration Clinic: Morgan Nelson, Miranda Rogers, and Phong Tran. The other students who attended the event were Sydney Aase, Paloma Contreras, Shailana Dunn-Wall, Nicole Iraola, Megan Meyerson, and Deanna Pina. The were ably assisted by Sydnee Schuyler, administrative assistant for the Children’s Justice Clinic and Civil Clinic.
2018 Deterrence and Assurance Academic Alliance Hosted at Nebraska Law Releases Call for Abstracts
18 Oct 2017
The 2018 Deterrence and Assurance Academic Alliance (DAAA) conference will be held at the University of Nebraska – Lincoln, proudly hosted and sponsored by the Department of Political Science and the College of Law's Space, Cyber, and Telecommunication's Law Program. On Wednesday October 18th conference leadership released the call for abstracts.
The goal for the DAAA is to strengthen and regularize collaborative relationships and interactions between defense and academic institutions to stimulate new thinking and develop future generations of deterrence practitioners.
This year the theme of the conference is “Thinking Outside the Silo: Creative Problem Solving in Deterrence and Assurance.” Everything you remember about traditional deterrence theory? Challenge it. This workshop will challenge conventional wisdom to address the changing landscape of security threats and war fighting domains. Submissions should think outside the box and use new and innovative methodologies to reassess old problems and address new ones in deterring adversaries and assuring allies.
Abstracts should be 500 to 1,000 words and detail the precise topic, thesis, and methodology to be used in your analysis.
A list of suggested topics is available at www.stratcom.mil/Academic-Alliance/Research-Topics
Deadlines and Submission Information:
15 December 2017: Paper abstracts are due and may be submitted on the website
15 January 2018: Authors will be selected and notified of their invitation to participate in the workshop panels
31 January 2018: The full conference agenda will be publically available and conference registration opens
1 March 2018: Final papers are due
15-16 March 2018: The Deterrence and Assurance Academic Alliance Conference at the University of Nebraska College of Law, Lincoln Nebraska
Other conference details are available on the 2018 conference website: law.unl.edu/daaa2018
Direct link to the submission form: https://law.unl.edu/daaa2018submissions/
Pictured is prior DAAA student participant Rachel Urban speaking on her work at the 2017 Deterrence Symposium presented by U.S. STRATCOM. Ms. Urban was a team leader for a project overseen by UNL Political Science Professor Tyler White.
Magilton Hosts U.S. State Dept Leadership Program Scientists
18 Oct 2017
Elsbeth Magilton, Executive Director of the Space, Cyber, and Telecommunications Law program, joined a group of scientists from Curacao, Indonesia, Mongolia, Trinidad & Tobago and the United Kingdom as part of their three week trip across the U.S. this week. The intent of this trip is it to have diplomatic visitors, here for a U.S. State Dept Leadership Program, explore ways to increase the participation of women and girls in STEM fields, examine how women contribute to economic growth, and engage with scientists and engineers around the United States who support and mentor women in STEM. The trip theme was inspired by the film Hidden Figures, and is titled “Hidden No More.”
They were joined by students from the Lincoln Public School’s Science Focus Program and Zoo School, Dr. Susan Weller the Director of the University of Nebraska State Museum of Natural History and Professor of Entomology, Carrie Greenwald who is the Chief Fossil Preparator at the museum, and Lisa Lee the coordinator on behalf of the Lincoln Visitor's Council. The group discussed the research happening at the University of Nebraska as well as the projects these individuals are a part of.