Engelkamp, ’17, Wins National Employee Benefits Writing Competition
20 Jul 2017
Alexander Engelkamp, ’17, won the 2017 Sidney M. Perlstadt Memorial Award in the American College of Employee Benefits Counsel’s Thirteenth Annual Employee Benefits Writing Competition. Engelkamp’s winning submission was entitled “Approaching Paid Sick Leave: Compliance or Preemption?” He will receive the award at the Counsel’s annual black tie induction dinner on Saturday, October 14, 2017 in San Francisco, Cal.
Amen, '87, Named Assistant Vice President & Trust Officer in Personal Trust and Wealth Management
19 Jul 2017
Union Bank & Trust recently hired Vicky Amen, '87, as Assistant Vice President & Trust Officer in Personal Trust and Wealth Management.
Amen brings nearly 30 years as a Nebraska licensed attorney to Union Bank. She most recently served as general counsel for an Omaha company while maintaining a private law practice focused on business law, real estate, and estate planning. Amen serves as a relationship manager, assisting clients with all aspects of trust and estate administration.
She holds a Bachelor of Arts, magna cum laude from Oral Roberts University, and a Juris Doctor from the University of Nebraska College of Law. She is a member of the Lincoln, Nebraska State, and American Bar Associations, as well as a speaker on business law, business succession, and estate planning.
Union Bank & Trust is a privately owned, Nebraska bank that offers complete banking, lending, investment and trust services. 2017 is the Bank’s 100th anniversary with a focus on serving customers for the next 100 years. It is the third-largest privately-owned bank in Nebraska with bank assets of $3.6 billion and trust assets of $16.5 billion as of December 31, 2016.
Gilg, '77, Joins Time Health Management
19 Jul 2017
Time Health Management is pleased to announce that Former United States Attorney for Nebraska, Deborah R. Gilg, '77, has joined the company as Vice-President, General Counsel and Chief Operating Officer. Gilg, the first female US Attorney in Nebraska history, will be instrumental in the development of this growing multispecialty clinic focused on exceptional patient experiences and coordinated medical care. Time Health Management is a Nebraska corporation that focuses on preventative wellness medical practice, direct primary care, and employer based insurance care.
Gerard Stanley, Jr., M.D., the CEO of Time Health, states, “Mrs. Gilg brings a wealth of managerial and administrative experience to our organization as well as extensive experience from defense of medical malpractice claims against the Veteran’s Administration, workmen’s compensation medical claims issues and plaintiffs private personal injury lawsuit experience. Her insights into healthcare delivery are both insightful and a breath of fresh air. We are pleased to welcome her to a high level position as well as an ownership interest in our rapidly expanding organization.”
Glaser, '11, Promoted to Partner
17 Jul 2017
Jordan T. Glaser, '11, has been promoted to partner at Peters Law Firm in Council Bluffs, Iowa. Glaser was born and raised in Omaha and joined the law firm in August 2011 after graduation from the University of Nebraska College of Law. He and his wife and son live in Council Bluffs. Glaser is admitted to practice in Iowa, Nebraska and the Federal District Court for the Southern District of Iowa. He focuses his practice on personal injury, workers' compensation, criminal defense and divorce. He is currently a board member of the Council Bluffs Housing Trust Fund and the Mercy Charitable Council. Peters Law Firm is a general practice firm with offices in Council Bluffs and Neola, Iowa.
Binstock Israel, '11, Named to Super Lawyers 2017 Great Plains Rising Star List
12 Jul 2017
Attorney Christa Binstock Israel, '11, was recently selected to the Thomson Reuters Super Lawyers Rising Stars List in the practice area of Workers' Compensation (Great Plains). The Super Lawyers' Rising Stars list recognizes attorneys 40 years old or younger or who have been practicing law for 10 years or less who have attained a high degree of peer recognition and professional achievement. The selection process includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. No more than 2.5 percent of attorneys in the state are selected for this honor. A description of the selection methodology can be found here.
Christa has been with Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O. since 2009 and represents individuals, employers, and insurance companies in workers' compensation trial and appellate cases, personal injury cases, and medical malpractice cases. Her experience includes cases involving back injuries, neck injuries, shoulder injuries, spine injuries, brain injuries, and complex psychological and cardiac injury cases. Christa strives to represent her clients as she would want her family and friends to be represented. Her clients have described her as honest, knowledgeable, caring, responsive, and detailed in her work.
Blankley's Article Published in Gonzaga Law Review
11 Jul 2017
Associate Professor Kristen M. Blankley just published Is a Mediator Like a Bus? How Legal Ethics May Inform the Question of Case Discrimination by Mediators in the Gonzaga Law Review. This Article examines both mediator and legal ethics on the question of the permissible reasons why professionals may refuse to serve clients who ask for their services. Ultimately, the Article encourages honest self-reflection by mediators to avoid bias and adversely impacting the legal rights of the participants.
Vetter named Yeutter Institute diplomat in residence
06 Jul 2017
Ambassador Darci Vetter, former chief agricultural negotiator at the Office of the U.S. Trade Representative, has been named diplomat in residence at the University of Nebraska-Lincoln.
In her new role, Vetter will work with leadership from the university's College of Law, College of Business and Institute of Agriculture and Natural Resources to launch the Clayton K. Yeutter Institute of International Trade and Finance.
"The vision of the Yeutter Institute is to educate people on international markets and trade, a space where Nebraska is a major player due to its agricultural contributions," said IANR Harlan Vice Chancellor Mike Boehm. "Darci Vetter is one of the world's foremost experts in trade and we look forward to her visionary input in facilitating conversations surrounding economic vitality related to international trade and the role Nebraska plays."
As chief agricultural negotiator from 2014 to 2017, Vetter led bilateral and multilateral trade negotiations on agriculture, including negotiating the Trans-Pacific Partnership agreement’s agricultural package. Vetter also brings experience at the U.S. Department of Agriculture and on Capitol Hill to her new role. She oversaw the USDA's export promotion and international development programs as deputy under secretary and advised the Senate Finance Committee on trade issues related to agriculture, the environment and labor. She began her trade policy career as a civil servant at the Office of the U.S Trade Representative, covering agriculture and environmental issues. Vetter received her Master of Public Affairs degree and a certificate in science, technology and environmental policy from Princeton University and her undergraduate degree from Drake University in Des Moines. Vetter grew up in Nebraska on a family farm, and she said she looks forward to returning to her home state to help shape the Yeutter Institute.
"Clayton Yeutter's work formed the foundation that guides the way we negotiate in a global marketplace," Vetter said. "The Yeutter Institute provides a tremendous opportunity to shape the next generation of leaders in international trade and global finance, and I look forward to using the lessons I learned from Clayton to help launch it."
The university and the University of Nebraska Foundation have been conducting private fundraising for the planned institute, which is pending Board of Regents approval. A renowned trade expert and Nebraska alumnus, Yeutter made a $2.5 million leadership gift through outright and planned gifts to establish the Clayton K. Yeutter International Trade Program Fund at the foundation.
Yeutter, who died in March at 86, held three cabinet-level posts for two U.S. presidents. He was counselor for domestic policy and secretary of agriculture for President George H.W. Bush and U.S. trade representative for President Ronald Reagan. Most recently, Yeutter was senior adviser of international trade for Hogan Lovells, LLP, in Washington, D.C., one of the nation's oldest and largest law firms. He was born in Eustis and spent 18 years operating a 2,500-acre farm, ranch and cattle-feeding enterprise in central Nebraska.
"Clayton Yeutter had a profound influence on his alma mater, the state of Nebraska, our nation and the world through his leadership in trade and agriculture," Chancellor Ronnie Green said. "His legacy will live on for years to come as the Yeutter Institute produces graduates uniquely prepared to provide leadership in the global marketplace immediately upon receiving a degree from Nebraska."
Last fall, the university announced three endowed chairs will be established as the foundation of the Yeutter Institute. The Duane Acklie Chair will be in the College of Business; the Michael Yanney Chair will be in the Institute of Agriculture and Natural Resources; and the Clayton Yeutter Chair will be in the College of Law.
Story: University Communication
Henderson, '78, Inducted into International Academy of Trial Lawyers
05 Jul 2017
Robert Henderson, '78, Financial and Securities Litigation Practice Chair for Polsinelli, has been selected as an inductee into the prestigious organization, International Academy of Trial Lawyers (IATL). The IATL is considered to be one of the most recognized and elite group of U.S. and international trial lawyers in the world.
“Bob has earned a reputation for executing at the highest level of professionalism,” said Polsinelli Chairman and CEO Russ Welsh. “He is an exceptional trial attorney and is very deserving of this distinguished honor.”
Membership to the IATL is exclusive, by invitation-only, and is limited to 500 active trial lawyers from the United States. Inductees are selected through a comprehensive screening process that includes both peer and judicial review. Fellows of the IATL are also selected for their social attributes, including pro bono work, teaching trial techniques and contributing an abundance of time and resources to their communities.
“I consider it a tremendous honor to be inducted into the IATL, an organization with a membership that I hold in high esteem,” Henderson said. “I am humbled by this recognition, and have to share credit with my outstanding colleagues and the leadership team at Polsinelli who have contributed in ways large and small to the success of our commercial litigation practice.”
Henderson has been a trial attorney for 40 years, representing industry, government, national non-profits and individuals in cutting-edge litigation. He has represented Fortune 500 companies and has successfully tried jury cases across the country. Henderson has counseled clients in a variety of areas, such as the protection of intellectual property, regulatory affairs and risk management. He also has a national and international mediation and arbitration practice.
Henderson’s induction into the IATL adds to his long list of achievements, including his previous induction into the American College of Trial Lawyers, being recognized by Best Lawyers® as one of the Best Lawyers in America® in four categories for more than 14 consecutive years, and "Best of the Bar" in Litigation by the Kansas City Business Journal, to name a few.
Henderson is also a member of the Missouri Supreme Court Committee on Jury Instructions, Federation of Defense and Corporate Counsel and is an American Bar Foundation Fellow, National Board Member for the American Board of Trial Advocates and was named Dean of the Trial Bar by the Kansas City Metropolitan Bar Association (2016).
Zellmer’s Article Published in Wake Forest Law Review
05 Jul 2017
Professor Sandi Zellmer’s article, Takings, Torts, and Background Principles, was published in the Wake Forest Law Review.
Perhaps more than any other type of temporary physical occupation, flood cases raise a slough of critical issues regarding the management of vulnerable floodplain and coastal properties and compensation for government actions that affect those properties. Unpacking these issues requires a deep assessment of the interrelated concepts of torts, takings, and property. The threshold inquiry is whether the claims should be characterized as torts, which warrant dismissal under sovereign immunity in most cases, or a taking. The federal courts have blurred the lines between the two types of claims such that they are almost indistinguishable. Determining which type is being invoked — common law tort or constitutional taking — may be clarified considerably, and the nature of government action may be illuminated, with a test that differentiates between purposeful appropriations for public benefit, undertaken with intent or substantial certainty of the consequence to the claimant’s property, and government actions involving some diffuse risk of impact. Then, if the claims are takings rather than torts, both the nature of the government action and the parameters of the claimant’s property interest will be at issue. The ability to develop vulnerable areas may be prohibited as an inherent restriction under background principles of property law such as public nuisance and public trust. In addition, when landowners have received extensive benefits through government flood control programs that, on balance, provide more benefits than losses, there can be no viable takings claim when the floodwaters exceed the capabilities of those projects. With these clarifications, officials at all institutional levels may be willing to make more proactive decisions to operate their flood control structures to better protect vulnerable areas and human and ecological communities and to mitigate the effects of unsustainable development.
Taylor, '02, Named to Leadership Music's Class of 2018
27 Jun 2017
Leadership Music recently selected Stites & Harbison, PLLC attorney Stephanie Taylor, '02, as one of 49 industry leaders to join the Class of 2018. The annual program offers a forum for established music industry leaders to identify and explore various issues affecting the music industry and build lasting relationships with classmates and alumni.
Taylor is an entertainment and music industry attorney based in Stites & Harbison’s Nashville office. Since graduating from law school, she has been involved extensively in both the creative and business side of the music industry. Taylor spent nearly two decades performing as a professional violinist and fiddle player, all while building a vibrant entertainment law practice.
As an attorney with Stites & Harbison, Taylor provides a broad range of legal services to clients involved in the creation, production and management of creative works. She focuses on the special needs of the entertainment industry, including copyright law, music publishing, record labels, media, television, radio and general business matters.
Leadership Music is a non-profit educational organization founded in 1989 whose mission is to cultivate a forward-thinking community of leaders who impact the creative industry.
Olivera, '07, Named Partner at Schwartzkopf Schroff & Tricker
27 Jun 2017
Kimberly Olivera, '07, was named partner in the Lincoln law firm of Schwartzkopf Schroff & Tricker. Kimberly's primary areas of practice include estate planning, estate and trust administration, business transactions, and real estate.
Kadavy, '02, establishes Trail Ridge Wealth Management
27 Jun 2017
Jeff Kadavy, '02, founded Trail Ridge Wealth Management (TrailRidgeWM.com), which provides financial planning, investment management, and trust, estate, and other fiduciary services for individuals and families. Owned entirely by its officers, the firm has offices in Denver and Fort Collins, Colorado, and Cheyenne, Wyoming. Jeff serves as President & Chief Executive Officer.
Gobel Awarded Peggy Browning Fellowship
15 Jun 2017
The Peggy Browning Fund has awarded a 10-week summer fellowship to Christian Gobel, a second-year student at University of Nebraska College of Law. Christian will spend the fellowship working at Service Employees International Union (SEIU) in Washington, DC. The application process is highly competitive, and the award is a tribute to his outstanding qualifications.
In 2017, the Peggy Browning Fund will support over 80 public interest labor law fellowships nationwide. Securing a Peggy Browning Fellowship is not an easy task, with nearly 400 applicants this year competing for the honor. Peggy Browning Fellows are distinguished students who have not only excelled in law school but who have also demonstrated their commitment to workers’ rights through their previous educational, work, volunteer and personal experiences. Christian certainly fits this description.
Growing up with union family members in the Nebraska State Education Association and the Ironworkers Local 21, Christian was raised with the value that organized labor ensures workplace fairness. Working side by side with union organizers on Democratic political campaigns furthered his interest in pursuing a career in helping working people. His first clerkship upon completion of his 1L year was at Nebraska Appleseed in the Immigrants & Communities Program. His time there was focused on researching litigation techniques and legal theories to alleviate deplorable working conditions and hostile work environments faced by immigrant workers in the meatpacking and poultry plant industries. During his most recent semester, Christian clerked at Norby & Wade, a firm that serves as legal counsel to the Nebraska State Education Association.
The Peggy Browning Fund is a not for-profit organization established in memory of Margaret A. Browning, a prominent union-side attorney who was a member of the National Labor Relations Board (NLRB) from 1994 until 1997. Peggy Browning Fellowships provide law students with unique, diverse and challenging work experiences fighting for social and economic justice. These experiences encourage and inspire students to pursue careers in public interest labor law.
To learn more about the Peggy Browning Fund, contact Mary Anne Moffa, Executive Director, by phone at 267-273-2992 or by email at mmoffa@peggybrowningfund.org, or visit www.peggybrowningfund.org.
New law clinic at Nebraska will advocate for state's children
06 Jun 2017
The University of Nebraska College of Law is adding a fifth legal clinic: The Children's Justice Clinic.
Third-year law students in the clinic will have the opportunity to serve as a guardian ad litem for children in the child welfare system. The newest of Nebraska Law’s clinics results from a partnership between the college and the university's Center on Children, Families and the Law.
The inaugural Children’s Justice Clinic course will have eight students at the start of the fall semester and will be located in the college’s recently opened Marvin and Virginia Schmid Clinic Building.
“We are thrilled to add the Children’s Justice Clinic to our clinical offering,” said Richard Moberly, dean of Nebraska Law. “The work that our students will do in the clinic will affect generations of Nebraskans and ensure that the state’s youngest residents receive high quality representation in the juvenile court system.”
In addition to providing practical skills training to law students, the clinic will help address the state's need for qualified guardians ad litem, or GALs. A 2009 study by the National Association of Counsel for Children found numerous gaps in the representation of children in the state, concluding that though GALs in Nebraska may have competent skills in court, they would be well-served by additional training in child development, family dynamics and dysfunction, and the utilization of multidisciplinary experts for consultation to provide effective service for children they represent.
The new clinic will provide that wide-ranging, cross-disciplinary training through working closely with experts at the Center on Children, Families and the Law.
“The GAL is critical in a juvenile court case. In Lancaster County, we need more attorneys not only willing to serve as a GAL, but able to implement best practices to effectively advocate for children," said Judge Roger Heideman, presiding juvenile court judge for the Separate Juvenile Court of Lancaster County. "Advocating for very young children presents a unique challenge that requires a special skill set."
Foundational training for Children’s Justice Clinic students will focus on courtroom skills, federal and state child welfare laws, the child welfare process, child development and trauma in young children. Students also will train in areas such as drug and substance abuse and mental health.
Michelle Paxton, director of legal training at the university's Center for Children, Families and the Law, will be an adjunct law professor and supervise Children’s Justice Clinic students. A multidisciplinary team of psychologists, child welfare practitioners from the Center on Children, Families and the Law, social workers and mental health practitioners also will help students on clinic cases.
The initial funding for the Children’s Justice Clinic came from private donations, and additional permanent funds are still being raised through the University of Nebraska Foundation. It joins the Civil Clinic, Criminal Clinic, Immigration Clinic and Weibling Entrepreneurship Clinic at Nebraska Law in giving students hands-on experience serving real-world clients.
Nebraska Law Students Study at Xi'an Jiaotong University in China
01 Jun 2017
Eleven University of Nebraska College of Law students recently returned from a study abroad trip at Xi’an Jiaotong University in Xi’an, China. Professor Harvey Perlman coordinated the trip with support from Hanban, the Chinese agency that sponsors Confucius Institutes around the world including at UNL.
The for-credit course occurred during the summer pre-session so that students were able to participate in the trip and return to the United States for other summer work experiences.
“…the timing was perfect because it gave me something to do that was far away that would take my mind off thinking about finals and potential grades,” said Dylan Bakken, Nebraska Law 2L. “And it allowed me to come back and start work right away.”
The course in Comparative Chinese Law included daily lecturers from Xi’an Jiaotong law professors and Professor Perlman. Students also attended lectures on Chinese economics and culture. They were given a special tour of the Intermediate People’s Court. Judges from the Court led the tour and spent time with the students discussing the differences in Chinese and American legal processes.
In Beijing they visited the China International Economic and Trade Arbitration Commission which provides arbitration services similar to the American Arbitration Association.
“This trip was a great extension of our International Perspectives course and gave me the benefit of seeing a civil code jurisdiction up close,” said Bakken. “This experience has widened my view of the pros and cons to legal systems outside the U.S.”
Aerts Awarded Koley Jessen Entrepreneurship Award
26 May 2017
The Weibling Entrepreneurship Clinic has selected Anthony Aerts as the 2017 Koley Jessen Entrepreneurship Award recipient.
Aerts graduated in May with the Class of 2017. During his time at Nebraska Law, Aerts was a member of the Environmental and Agricultural Law Society; a member of the Student Bar Association; and spent the fall semester as a student attorney in the Weibling Entrepreneurship Clinic.
The Koley Jessen Entrepreneurship Award was established to recognize Weibling Entrepreneurship Clinic students who have demonstrated exceptional legal skills, provided outstanding service to clients and furthered the mission of the Clinic. The firm was founded in 1988 with a vision of creating an environment that would foster trust and teamwork. Through the years, their guiding principles of integrity, client focus, and integrity have created the environment they envisioned years ago. Don Swanson, a partner in that firm, was instrumental in creating the endowed fund for this award.
Pearlman and Ruser Appointed to Access to Justice Commission
24 May 2017
Nebraska Supreme Court Chief Justice Michael Heavican has appointed Professors Stefanie Pearlman and Kevin Ruser as members of the newly created Access to Justice Commission. The purpose of the Commission is to “promote the Nebraska Supreme Court’s goal of providing equal access to swift, fair justice for all Nebraskans regardless of income, race, ethnicity, gender, disability, age or language.”
The 24-member Nebraska Access to Justice Commission brings together representatives from all three branches of government, as well as community members, attorneys and legal organizations, educators, and representatives from organizations serving low-income Nebraskans and those with disabilities.
The Co-chairs of the Commission will be Nebraska Supreme Court Justice Stephanie Stacy, '91, and Nebraska State Bar Association Executive Director Liz Neeley. The Commission is in the process of scheduling its first meeting, and will report regularly to the Nebraska Supreme Court.
Soto, '84, Named to Access to Justice Commission
24 May 2017
Jose Soto, '84, has been appointed by Nebraska Supreme Court Chief Justice Mike Heavican as a member of the newly created Access to Justice Commission. The purpose of the commission is to “ensure every person access to justice as guaranteed by the Nebraska Constitution.”
Soto is vice president for Access/Equity/Diversity at Southeast Community College. He holds a law degree from the University of Nebraska-Lincoln and has been working at SCC for more than 25 years.
The 24-member Commission is comprised of representatives from all three branches of government, as well as community volunteers, attorneys, educators, and representatives serving low-income Nebraskans and those with disabilities. Appointments to the Commission expire in two years.
“I am honored to have been selected,” Soto said. “I see this as yet another opportunity to associate SCC and my office with the principles of access, equity and fairness.”
Co-chairs of the Commission are Nebraska Supreme Court Justice Stephanie Stacy and Nebraska State Bar Association Executive Director Liz Neeley. The Commission will report to the Nebraska Supreme Court.
Denicola Publishes Updated Casebook
19 May 2017
Copyright, Unfair Competition, and Related Topics Bearing on the Protection of Works of Authorship, Twelfth Edition, co-authored by Ralph S. Brown and Robert C. Denicola, has been released.
The book emphasizes the fundamentals of copyright law while also providing comprehensive coverage of major contemporary issues such as digital dissemination, fair use, and service provider liability. Extensive coverage of areas related to copyright such as moral rights, unfair competition, and publicity rights distinguishes the book from other casebooks on copyright law. Traditional case and statutory analysis is supplemented by a rich collection of background materials that offer practical and policy perspectives on established doctrines and emerging issues. The book is manageable in size and organized to accommodate either a two-credit or three-credit course in copyright law. The new Twelfth Edition has been thoroughly updated and includes major Supreme Court decisions on patent protection for software-related inventions, the parameters of the public performance right, and the scope of copyright in useful articles, along with new court of appeals opinions on the scope of copyright protection for software, mass digitization, and fair use in education. New notes and background materials provide perspectives on the emerging visions for a new copyright statute.
This release marks the ninth edition that Professor Denicola has authored.
Beard's Article Published by University of Pennsylvania Journal of International Law
15 May 2017
Professor Jack Beard's recent article, Soft Law’s Failure on the Horizon: The International Code of Conduct for Outer Space Activities, has been published by the University of Pennsylvania Journal of International Affairs.
This article examines efforts initiated by the European Union to address key gaps in the legal regime governing outer space through a proposed “International Code of Conduct for Activities in Outer Space.” The draft Code, which continues to debated by the international community, is an example of a legally non-binding "soft law" instrument which also contains broad, indeterminate statements of principles. While soft law has made important contributions to the legal and administrative framework that governs space, the Code does not hold such promise. Instead, this article argues that the Code is a case study in the limitations of soft law, particularly when employed as a mechanism to regulate military activities and weapons in a highly insecure and contested environment like outer space. Moreover, it is notably ill-suited in this context and in its design to successfully address the critical problem of orbital space debris. As a soft law instrument with both soft law’s general limitations and its own particular shortcomings, the Code is an ineffective measure that distracts attention from more meaningful initiatives to reduce orbital debris while at the same time risking increasing tensions in space, diminishing the existing legal framework governing space activities, and negatively affecting the future development of space law.