Law and Democracy series examines issues in constitutional, election law

Atiba Ellis giving a presentation

The College’s Law and Democracy Series, now in its second year, invites a wide range of speakers to address the degradation of democracy, the deep polarization in our political culture, and the role of lawyers in preserving and thinking about democracy and the rule of law. This series is provided through generous support from Ron and the late Barb Shaefer and in partnership with the Nebraska Law chapters of the American Constitution Society and the Federalist Society. 

Discussions in this series cover such topics as election law, the possibility of a constitutional convention, and roundups of recent Supreme Court cases. 

The series featured speakers such as Jessica Ring Amunson, Co-Chair of Jenner & Block LLP’s Appellate and Supreme Court Practice and Chair of its Election Law and Redistricting Practice. Amunson spoke in February on the Supreme Court’s election law jurisprudence, including how that jurisprudence has shifted as the Court has changed in recent years, with a particular focus on two cases — Moore v. Harper and Merrill v. Milligan. 

“I think it's really terrific that the law school is doing this series, because I personally believe this is the most important issue of our time,” she said. 

Later in the semester, Case Western Reserve University School of Law Professor Atiba Ellis examined the parameters of the ideological conflict between colorblindness and race-consciousness as frames for advancing or distorting democracy. 

“The value of wanting an inclusive democracy seems in conflict with this value of colorblindness,” he said. “I want to explore that further.” 

The Federalist Society welcomed the Honorable Judge Chad Readler, 6th Cir. Court of Appeals Judge and former acting U.S. Assistant Attorney General for the Civil Division, and Mr. Matt Whitaker, former acting U.S. Attorney General, to Nebraska Law in October to discuss their experiences working at the Department of Justice. 

This fall’s Law and Democracy events touched on the inner and outer work of democracy, diversity statements and the first amendment and how to plant democracy in sustainable soil. Nebraska Law Professor Eric Berger, a constitutional scholar, said the series provides a vital platform for discussion. 

“Democracy is at a crisis point in both the United States and many countries abroad. Lawyers play a crucial role in preserving democracy. It is therefore critical for our law students and for the broader legal community in Nebraska to engage with the degradation of democracy, the deep polarization in our political culture, and the threats those developments pose to the rule of law,” he said. “We hope that the Law and Democracy Series encourages law students and the broader community to think carefully about these vital issues—and about the role that each of us can play in trying to preserve democracy.”