Nebraska Law to Co-Sponsor Panel at 32nd Annual National Space Symposium
11 Mar 2016
Nebraska Law to Co-Sponsor Commercial Space Panel at the Space Foundation’s 32nd Annual National Space Symposium; Professor Schaefer to SpeakTogether with the Space Foundation, and Holland & Hart law firm, Nebraska Law is co-sponsoring a commercial space law panel at the 32nd Annual National Space Symposium in Colorado Springs on April 14, 2016. The commercial space law panel is titled, “Congress, the Executive Branch and Industry: Regulating In-Space Activities, Property Rights, Human Space Flight, Space Traffic Management and Orbital Debris.” Speakers will include Dr. George Nield, Associate Administrator for Commercial Space Transportation – FAA; Dr. Alice Bunn, Director of Policy - UK Space Agency; Mike Gold, Director of DC Operations and Business Growth – Bigelow Aerospace; Peter Marquez, Vice-President Global Engagement – Planetary Resources, and Nebraska Law’s Professor Matthew Schaefer, who helped organize the panel along with Holland & Hart. Professor Schaefer previously spoke at the Space Foundation’s Space Technology and Investment Forum in San Francisco in September 2015.
Shoemaker's Article Accepted by Michigan Law Review
09 Mar 2016
Professor Jessica Shoemaker's recent article, Complexity's Shadow: American Indian Property, Sovereignty, and the Future, has been accepted by the Michigan Law Review. The article offers a comprehensive approach to analyzing the modern American Indian land tenure system and explores particularly how the recent pattern of hyper-categorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian Country.
Schmidt, 3L, Named Midwest Finalist for Law Student of the Year
09 Mar 2016
Chris Schmidt, 3L was named a Midwest finalist in National Jurist Magazine's list for Law Student of the Year. Schmidt is in the top 10 percent of his class and serves as the editor-in-chief of the Nebraska Law Review. But it is his leadership of the Community Legal Education Project (CLEP) that sets him apart from others. During Schmidt's time at Nebraska Law, CLEP programs have grown and now engage over 2,250 Lincoln Public School elementary and middle school students in discussions about the Bill of Rights and the U.S. Constitution.
Thimmesch's Article Published in Utah Law Review
08 Mar 2016
Assistant Professor Adam Thimmesch's article, Testing the Models of Tax Compliance: The Use-Tax Experiment, has been published by the Utah Law Review. The article explores how states could apply modern tax-compliance theories to their state use taxes, which currently go largely unenforced and unpaid. The article argues that state action in this area would both (1) help states to increase compliance and (2) give academics and policy makers valuable information regarding how tax-compliance theories work in the context of real-world tax administration.
Sharma's Research Published in Nicotine & Tobacco Oxford Journal
04 Mar 2016
Prior to law school, Janki Sharma, 3L, was part of a research team in the department of oral biology at the University of Nebraska Medical Center College of Dentistry. Sharma contributed to the recent ground breaking findings that clearly show that smoking causes birth defects. The investigation, "Nicotine Exposure During Pregancy Results in Persistent Midline Epithelial Seam With Improper Palatal Fusion," was published in the Oxford Journal Volume 18 Issue 3 March 2016.
Civil Clinic Students Travel to Beatrice to Provide Peace of Mind
04 Mar 2016
Over a period of three weeks, senior certified law students Jaydon McDonald and Allison Rockey worked with their client on developing a plan for the administration of her estate, and identifying her health care wishes. The students drafted for her a simple will, power of attorney, a living will and a health care power of attorney. Due to the client's medical condition, she could not travel to the Clinic in Lincoln, so everything was done over the phone. When the documents were complete, the students, and their supervising attorney (Professor Sullivan), traveled to Beatrice to execute the documents.
Afterward, McDonald reflected on the experience, noting “we were happy to provide this valuable service to someone in need, and who would otherwise not have access to these services.” Commenting similarly, Rockey found the experience to be “a great opportunity to sharpen our drafting skills and to discuss sensitive topics, such as end of life planning, in an open and personal way.” McDonald and Rockey found especially rewarding the ability to put their client's mind at ease regarding her health care and estate administration.
Beard has Article Accepted by the University of Pennsylvania Journal of International Law
02 Mar 2016
Assistant Professor Jack Beard’s most recent article, Soft Law’s Failure on the Horizon: The International Code of Conduct for Outer Space Activities, has been accepted for publication by the University of Pennsylvania Journal of International Law. This article explores the shortcomings of proposed non-legally binding frameworks in dealing with increasingly dangerous military activities in outer space and the growing problem of orbital space debris.
Buckley, '07, Elected Vice-Chair of Siouxland Community Health Center Directors
25 Feb 2016
Andrea Hiatt Buckley, '07, was recently named the Vice-Chair of the Board of Directors for the Siouxland Community Health Center in Sioux City, IA. Buckley has served on the Board since 2013, and has been a staff attorney with Iowa Legal Aid since 2009.
Berger and Works Named Professors of the Year
22 Feb 2016
At the Meeting of the Minds event, Professors Eric Berger and Bob Works were named the 2016 Professors of the Year. Each year, the SBA hosts the event and administers nominations for the Professor of the Year Awards. The current 1L students nominated Professor Works and upperclass students nominated Professor Berger.
Hurwitz Weighs in on Apple vs. the FBI
19 Feb 2016
Professor Justin (Gus) Hurwitz has been following Apple's opposition of a judge's order to help the Federal Bureau of Investigation break into the iPhone of one of the San Bernadino, California shooters. On Thursday, he spoke to media about that opposition.Apple v. US.: 5 things Gus Hurwitz wants you to know
All Apple's writs are belong to US
Local legal expert weighs in Apple vs. FBI debate
Tim Cook's Bad Apple
Senator: Undermining Apple Encryption Could Lead to 'More People Dying'
Apple, FBI case about law enforcement, experts say
Wright, '58, Publishes Manuscript that Analyzes Great Sioux War
18 Feb 2016
Charles Wright, '58, has been working on his manuscript, Law at Little Big Horn, for eight years. The book details the the conspiracy between President Grant and Generals Sherman and Sheridan to use the Army to attack and forcibly remove the Sioux and Cheyenne Indians from their treaty lands located north of the North Platte River and east of the Bighorn Mountains.Wright analyzes the legal backdrop of the Great Sioux War, asking the hard questions of how treaties were honored and how the US government failed to abide by its sovereign word. Until now, little attention has been focused on how the events leading up to and during the Battle of Little Big Horn violated American Law. Wright is the first to investigate the legal and constitutional issues surrounding the United States' campaign against the American Indians.
Born and raised in western Nebraska, Charles Wright is a retired lawyer who spent fifty year practicing in Nebraska and Colorado. He has long been associated with Indian rights and has funded scholarships and organized a mentoring program for promising Indian students from recognized tribes to attend law school.
Swantz, '99, Ringenberg, '03, and Poulsen, '10, Named Partners at Suiter Swantz IP
09 Feb 2016
Patent attorneys Chad W. Swantz, ’99, Scot M. Ringenberg, ’03, and Matthew A. Poulsen, ’10, have joined founder Sean Patrick Suiter as co-owners of Suiter Swantz IP.
Suiter Swantz, an Intellectual Property Law firm, was established over two decades ago. The Firm advises a diverse set of clients on patent, trademark and copyright matters. Suiter Swantz IP has obtained over 3,000 patents and approximately 700 trademarks on behalf of the Firm’s clients, which include individual inventors, startups and Fortune 500 companies.
Chad W. Swantz graduated with a Bachelor of Science Degree in Electrical Engineering from the University of Nebraska-Lincoln and a Juris Doctor from the Nebraska College of Law. In addition to his patent practice, Chad manages the Trademark Practice for the Firm, which includes trademark creation and development, domestic and foreign trademark registration, trademark defense and trademark enforcement.
Scot M. Ringenberg received his Bachelor of Science Degree in Chemical Engineering from the University of Nebraska-Lincoln and his Juris Doctor from the Nebraska College of Law. He continued his education with the University of Kansas Electrical Engineering and Computer Science Department graduate studies program. Additionally, he has been admitted to the state bars of Kansas and Missouri.
Matt A. Poulsen obtained his Bachelor of Science Degree and Ph.D. in physics from the University of Nebraska-Lincoln and his Juris Doctor from the Nebraska College of Law, graduating with distinction. As a physicist, his research appeared in numerous peer-reviewed journals. Matt also serves as a mentor for a number of local startup accelerators.
Kelch, '81, Named to Nebraska Supreme Court
04 Feb 2016
The newest member of the Nebraska Supreme Court has spent most of his career as a prosecutor and judge, but those who’ve worked with him say he’s more than a law-and-order guy.
Gov. Pete Ricketts on Wednesday appointed Sarpy County District Judge Max Kelch to the seven-member high court. Kelch replaces retired Judge Michael McCormack and will represent the judicial district that covers parts of Douglas and Sarpy Counties.
A prosecutor and a defense lawyer who’ve tried cases before Kelch described him as decisive and tough but also inquisitive and fair. Both remarked that Kelch enjoys doing legal research and writing opinions, two major requirements of his new position.
“I think it was a really good choice the governor made,” said Sarpy County Attorney Lee Polikov. “He has an impressive record in a whole spectrum of legal practice.”
Kelch, 58, of Papillion, has served as district judge in Sarpy, Cass and Otoe Counties since 2007, when he was appointed by then-Gov. Dave Heineman. Kelch spent the two previous years as a Sarpy County judge.
A 1981 graduate of the University of Nebraska College of Law, Kelch also has been in private practice and has worked as an assistant city attorney in Nebraska City. The governor said in a press release that he liked Kelch’s blend of “real world experience” in several different legal capacities.
“He has demonstrated he understands that the role of the court is to interpret the law, and this approach will continue to serve our state well as Nebraska’s next Supreme Court judge,” Ricketts said.
Before becoming a judge, Kelch worked for 18 years as Otoe County attorney in Nebraska City. While county attorneys are most known for prosecuting criminal cases, they also handle an array of civil matters and run for election.
Cass County District Judge Jeffrey Funke worked alongside Kelch for eight years when Funke was a deputy county attorney. He said Kelch’s vast trial experience as both a lawyer and a judge will serve the high court well.
As for anyone who thinks Kelch won’t give a fair shake to criminal defendants, Funke said his colleague takes the role of judge very seriously.
“He understands the duty of a judge to be fair and impartial,” Funke said. “And he’s got a lot of common sense.”
Sarpy County Public Defender Tom Strigenz submitted a letter to the judicial nominating commission in support of Kelch. Strigenz said Kelch’s writing and researching skills are “legendary” among lawyers who regularly practice before him.
“I think Max Kelch was born to be an appellant court judge,” he said.
Ricketts selected Kelch, a registered Republican, over three other finalists: Douglas County Judge Susan Bazis, Douglas County District Judge Gary Randall and Omaha attorney Patrick Guinan. The finalists were forwarded to the governor by the nominating commission.
The appointment was the governor’s second to the Supreme Court since he took office in 2015. Supreme Court Judge Kenneth Stephan retired in July, and Ricketts appointed Lancaster County District Judge Stephanie Stacy to fill the vacancy.
Story via the Omaha World-Herald.
Pittman, '92, Promoted to Head of Chambers for the International Criminal Tribunal for the former Yugoslavia
28 Jan 2016
Thomas Wayde Pittman, '92, has been named the Head of Chambers for the International Criminal Tribunal for the former Yugoslavia (ICTY). As Head of Chambers, which is a Directorate-level position within the United Nations, Pittman's primary responsibility is to serve as the principal legal adviser to the President and Judges of the Chambers of the ICTY, providing guidance and direction on the most complex and sensitive of legal issues and taking responsibility for directly supervising such matters where necessary. He is also responsible for the management of Chambers and the supervision of Chambers staff (which currently numbers about eighty lawyers) and represents Chambers legal support within the Tribunal as an institution. Pittman will be be part of closure of the Tribunal at the end of 2017 upon completion of the final two cases. The ICTY has shown that international justice can lead to peace and reconciliation, as it has in the Western Balkans following armed conflict which spanned the years 1991 to 2001 and ranged from the initial shots fired in Slovenia to the final end of war in Macedonia, and all the adjudicated atrocities in between, especially in Bosnia.Pittman graduated from Nebraska Law in 1992, and immediately served the next twelve years in the U.S. Air Force Judge Advocate General's Corps. He became a Cheif Circuit Trial Counsel and retired as a military judge in the European Judicial Circuit. Upon retiring from military service, Pittman joined the United Nations as a legal officer for the Chambers that he now heads.
Duncan's Article Published in Humanities and Social Sciences Review
26 Jan 2016
Professor Richard Duncan's article, Legislative Prayer, the Supreme Court of the united States and Two Concepts of Religious Liberty, was published in the Humanities and Social Sciences Review. The article briefly contrasts two concepts of religios liberty - the French concept of strict secularism and freedom from religion, and the United States' concept of mutual tolerance and freedom of religion as reflected in a recent decision of the United States Supreme Court upholding officially-sanctioned prayers at meetings of local legislative counseils, such as town boards or city councils.Professor Duncan joined the faculty in 1979. Professor Duncan teaches Property and Constitutional Law. He is a passionate and enthusiastic classroom teacher, whose style is not so much Socratic Dialogue as Socratic Performance Art. Professor Duncan has a strong interest in writing and speaking about federalism, liberty, religious freedom, and the right to life.
Carns Promoted to Air Force Major
22 Jan 2016
At a ceremony on January 21, 2016, Marc Carns, an Air Force Institute of Technology student in the Space, Cyber, and Telecommunications LL.M. program, was promoted to Major.Carns enlisted into the United States Air Force in November 1994 and was assigned to Tink AFB, OK, as an Airborne Air Surveillance Technician on the E-3 Airborne Warning and Control Systems. He deployed overseas several times and accumulated over 2,000 flying hours.
Carns separated from the Air Force in 2005 to pursue graduate degrees in law and business. In the fall of 2006, he was accepted into the Graduate Law Program and joined the AFROTC Detachment 675 at the University of Oklahoma. He graduate from the University of Oklahoma Andrew M. Coats College of Law with a Juris Doctor and the University of Oklahoma Price College of Business with a Masters in Business Administration in 2008. He was commissioned in Octboer 2008 and promoted to Captain on June 5, 2009.
Since commissioning, Carns has served as an Assistant Staff Judge Advocate around the world including assignments in Germany and Korea. In 2012, he deployed to Combined Joint Interagency Task Force (CJIATF) 435, North Atlantic Treaty Organization, Rule of Law Field Force, Afghanistan operating out of Forward Operating Base (FOB) Joyce, Kunar Province, with the 2-12IN, 4ID. While there, he advised local Afghan judiciary officials on Rule of Law (RoL) and Evidence Based Operations, assisted the Battle Space Owner (BSO) with Governmental and Developmental operations, and focused on RoL efforts on governmental stability and legitimacy.
Nebraska Law Professors Present at the Association of American Law Schools Annual Meeting
19 Jan 2016
Professor Eric Berger, an expert on lethal injection and death penalty issues, presented his paper, "Institutional Competence in Glossip v. Gross," at the American Association of Law Schools Annual Meeting in New York City. Professor Berger was part of a panel discussion on "The Supreme Court and the Future of Lethal Injection" sponsored by the Section on Criminal Justice.
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Professor Gus Hurwitz participated in the "Resolved: The Fcc Does Not Have the Legal Authority to Implment Net Neutrality" debate at the AALS Annual Meeting. The debate considered whether the Federal Communications Commission's Open Internet Order fits within the agency's statutory authorty. Professor Hurwitz also presented his work-in-progress paper, "An Economic Theory of Law and Technology," during a 7 minute presentations panel.
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Professor Colleen Medill, a leading national expert on employer-sponsored group health plans under the Affordable Care Act (ACA), recently spoke on “Emerging Employee Claims Under the Affordable Care Act” at the AALS Annaul Meeting. Professor Medill was part of a panel presentation on “The State of the ACA after King v. Burwell” that was jointly co-sponsored by the Section on Employee Benefits and Executive Compensation and the Section on Law, Medicine and Health Care. Professor Medill’s presentation explained the second and third order implications for employers and employees of the final stage of implementation of the employer mandate under the ACA in 2016, and new theories of liability for violations of the ACA that are likely to be asserted by employees in 2016 and beyond.
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Professor Jessica Shoemaker presented her paper, "The Complexity Problem in American Indian Land Tenure," during the AALS Property Section breakfast. The paper analyzes the myriad ways the complexity of modern rules specific to American Indian land tenure continue to do injustice to indigenous people.
Leiter's New Edition and Corresponding Database Released
12 Jan 2016
Professor Richard Leiter's award-winning publication, National Survey of State Laws, has a new edition and database version.The seventh edition of National Survey of State Laws provides an overall view of some of the most sought-after and controversial legal topics in the United States. The book and the database are presented in chart format, and both versions allow users to make state-by-state comparisons of current state laws. Use the database version of this title to search the content and metadata, or to browse laws either by category or by topic. Compare only certain states' laws, or view laws as they appear in the current edition compared to the two previous editions.
More information on this release is available from publisher HeinOnline.
Thimmesch has Article Accepted by West Virginia Law Review
06 Jan 2016
Professor Adam Thimmesch's article, Taxing Honesty, has been accepted by the West Virginia Law Review. The article takes a critical look at the current structure and enforcement of state use taxes. The article ultimately concludes that economic, moral, and psychological considerations counsel toward substantial modifications to those taxes, including the transactions to which they apply and how they are enforced against individual taxpayers.
Cusic’s Research for the ACLU of Nebraska Draws Attention from Lawmakers
05 Jan 2016
As a result of Theresa Cusic’s (2L) clerkship with the ACLU of Nebraska, a report, “Growing Up Locked Down: Juvenile Solitary Confinement in Nebraska,” has been released. Cusic conducted open records requests, negotiated for information from public officials, and analyzed the findings and other state statutes to generate best practice recommendations under the supervision of Legal Director, Amy Miller, ’96. The report has received attention from local lawmakers and the Omaha World-Hearld.
Cusic’s experience was funded by the Nebraska Public Interest Law Fund (NPILF). NPILF provides grants to law students interested in working in the public interest during the summer.