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The Nebraska Transcript Law, College of

Spring 2020

The Nebraska Transcript, Spring 2020, Vol. 53 No. 1

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Honoring the life and career of Professor Martin Gardner

Marshfield joins law faculty Mulugheta, ’10, builds career representing athletes by building trust Spring 2020, Vol. 53, No. 1 Nebraska Transcript — Spring 2020

class reunions 2020 Nebraska Law virtual Alumni Reunion Weekend

Celebrating the classes of 1960, 1970, 1980, 1990, 2000 & 2010

Information regarding the 2020 Reunion can be found by visiting law.unl.edu/reunion.

ii Nebraska Transcript — Spring 2020 Table of Contents

Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching. 14 29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, ’10, currently serves as equity partner with Athletes First. 21 Magilton hosts NASA’s first female general counsel at Mentorship Brunch 21 Dunn-Wall Selected for 2019 Diverse Student ADR Summit 22 Yale Law Professor Justin Driver Dean's Message delivers annual Lane Lecture 2 Dean's Message 23 Students volunteer for ‘legal triage’ at Project Connect Lincoln Faculty Updates 24 Former Governor, U.S. Senator Kerrey 4 Faculty Notes delivers 4th Annual Bruning Lecture 10 Civil Procedure, State Con Law 25 Hon. Riko Bishop addresses December scholar, Jonathan Marshfield, joins graduates Nebraska Law 27 Marcy Tintera retires after 42 years 11 Remembering Steve Kalish of dedicated service to University 28 Colberg retires after 35-year career Feature at the College of Law 14 Remembering Marty Gardner Our Alumni Around the College 29 Football agent Mulugheta 17 University hosts FCC Chairman maintains, ‘For success, be all in, but Ajit Pai find balance' 18 Nebraska Law Hosts 12th Annual 32 Tyler uses legal, business Nebraska Space Law Conference backgrounds to create ‘legal 20 Women’s Leadership Initiative matchmaking’ website features former ACLU president 34 AlumNotes Nadine Strossen 44 In Memoriam

1 Nebraska Transcript — Spring 2020 Dean's Message

Dear Alumni:

This edition of The Transcript needs context. Many of the stories were conceived and written in late 2019 and early 2020. The news and information they convey were and are truly meaningful to both the history and the future of the College of Law. As you will read about in this edition, two beloved professors passed away, two loyal employees retired and we welcomed a talented new professor who we hope is with us for a long time. We also profile two alumni who are tremendous examples of our desire to “develop inclusive leaders” who use their legal education to break new ground in the business world. As these stories were being finalized in March, we were excited about how this edition portrayed the College’s past success and previews our future potential. On a personal note, I was preparing to thank Acting Dean Anna Shavers for her great work during the ten months I served as the interim executive vice chancellor, and I was thrilled to be returning to the law school on March 23.

Then COVID-19 hit and much of what we know about the world changed, seemingly in the blink of an eye. As a result, I will let the stories in this edition speak for themselves, and I will use this note to say that you should be proud of the way your university and law school responded to the crisis.

We put students first. The law faculty spent countless hours transitioning their courses to remote learning, a process that sometimes meant learning new technologies and formats that would engage students over the last month of the semester. Our staff called each of our 400 students twice in the first three weeks to check in and make sure they were healthy and set up for success in the online environment. We promulgated a pass/no pass policy that ensured that students most impacted by the crisis could focus on balancing their health, family obligations, work and school and that the disparate impact the crisis was having on various students would not be unfairly reflected in their grades.

2 Nebraska Transcript — Spring 2020 Dean's Message

We kept our employees safe. Very early in the crisis, the NU president and the UNL chancellor prioritized flexible work arrangements so our faculty and staff could work remotely. This de- densified the campus and kept our employees as safe as possible. At the College of Law, staff set up a variety of ways to keep our vibrant community engaged and positive, including weekly all- staff meetings on Zoom, a variety of Slack channels for fun challenges and games (as well as some exchange of work information!) and professional development Zoom seminars on various GALLUP Strengths. As difficult as this time is, my hope is that our community comes out of it even “Please know that no matter what stronger because of this effort. happens the College of Law will relentlessly focus on our mission by We solved problems and prepared for new challenges. Almost immediately after we putting students first, keeping our planned for the end of the spring semester, we community safe and transparently started addressing new challenges presented by and affirmatively confronting the the summer and the fall. For example, students challenges this crisis has placed were having trouble finding jobs because of the economic shutdown, so Professor Stefanie in front of us. We will continue to Pearlman and Director of Public Interest make you proud of the University of Programs Kala Mueller created a public interest Nebraska and the College of Law.” research assistant program for those students so they could learn research and writing skills and also serve local public interest groups this summer. We are actively engaged in planning for a fall in which social-distancing requirements may dramatically impact how we deliver our educational program. We are expecting a budgetary impact from COVID-19 that requires the College to prioritize its core mission and values, and we are deep in our thinking about how to be successful with fewer resources. Fortunately, we have spent much of the past 18 months redefining that mission and those values, so we will use our strategic plan to guide our priorities.

Of course, so much is still in flux. As I write this, we are six weeks past the University’s decision to teach, learn and work remotely, and six days before an online graduation “celebration” we are having on Zoom because our live graduation has been postponed. The world has changed for all of us in the last six weeks, and I have no idea what will happen between now and when you receive this in your mailbox. Please know that no matter what happens the College of Law will relentlessly focus on our mission by putting students first, keeping our community safe and transparently and affirmatively confronting the challenges this crisis has placed in front of us. We will continue to make you proud of the University of Nebraska and the College of Law.

Most importantly, I hope that whatever the future brings that you and your loved ones remain safe and healthy. I look forward to the next time we can get together in person and wish you each the very best.

Richard Moberly Dean and Richard C. & Catherine S. Schmoker Professor of Law

3 Nebraska Transcript — Spring 2020 Faculty Updates Faculty Notes

Jack M. Beard Eric Berger Associate Professor of Law Earl Dunlap Distinguished and Co-Director of the Professor of Law and Space, Cyber & Telecom Associate Dean for Faculty Law Program Professor Eric Berger has Professor Jack Beard was been named the Earl Dunlap named co-director of the Distinguished Professor of Space, Cyber & Telecom Law. He presented his paper Law Program. He briefed “Comparative Capacity members of the Japanese Ministry of Foreign and Competence” at a Wisconsin Law Review Affairs in Tokyo, Japan, on progress in drafting Symposium about Professor Andrew Coan’s the Woomera Manual on the International book, Rationing the Constitution: How Judicial Law of Military Space Operations; addressed Capacity Shapes Supreme Court Decision- government officials and diplomats on the Making. He also presented a paper, “What Woomera Manual at the Australian Defense About Bucklew? Courts, Culture, and the Future Force Academy in Canberra, Australia; of the Death Penalty,” at the Tenth Annual moderated a panel discussing the Woomera Loyola Constitutional Law Colloquium at Loyola Manual at the 12th Annual Nebraska Space Law University Chicago School of Law. Berger, Conference in Washington, D.C.; and moderated as chair of the Appointments Committee, a panel and presented on “The Growing helped the Law College hire three new faculty Risk of War in Outer Space: What Role Will members, who will start in summer 2020. International Law Play?,” at the International Law Weekend in New York City, sponsored by Kristen M. Blankley the American Branch of the International Law Associate Professor of Association. He presented on “Nuclear Arms Law and Director of the Control Diplomacy” at the Third Annual U.S. Robert J. Kutak Center for Strategic Command Advanced Operational Law the Teaching and Study of Conference in Omaha. As co-chair of the Space Applied Ethics Law Interest Group of the American Society of International Law, together with Professor Professor Kristen Blankley Frans von der Dunk, he organized a roundtable will be publishing “Online of international experts in Washington, D.C., Resources and Family and presented on legal issues related to efforts Cases: Access to Justice in Implementation of to protect earth from future, catastrophic a Plan” in the Fordham Law Review as part of asteroid impacts. Beard established a new the symposium, “Achieving Access to Justice honors externship for College of Law students through ADR: Fact or Fiction?” In addition, she at the Office of the General Counsel of the U.S. will be publishing “Creating a Framework for Defense Intelligence Agency in addition to the Examining Federal Agency Rules Impacting existing honors externship he supervises at Arbitration” in the Washington University the Office of the General Counsel of the U.S. Journal of Law & Policy. Blankley also published Department of Defense. “Expanding Options for Restorative Justice: When a Victim Decides Not to Participate, the Use of Surrogates Can Bring Cases to the Table”

4 Nebraska Transcript — Spring 2020 Faculty Updates

in Dispute Resolution Magazine published by Award for Excellence. This award is an annual ABA Section of Dispute Resolution. Blankley award chosen on the basis of demonstrated has been appointed a 2019-20 ACE Leadership excellence in teaching, research, academic Fellow to examine and assess the University of promise and achievement related to the Nebraska-Lincoln’s ethics (ACE 8) undergraduate fulfillment of the research and teaching mission graduation requirement. ACE 8 requirements of the College of Law. His recent publications must “use knowledge, theories and analysis to include “Madison and Shannon on Social Media,” explain ethical principles and their importance in Business, Entrepreneurship & Tax Law Review society.” 249, “AmEx and Post-Cartesian Antitrust,” 98 Nebraska Law Review 364, and “McGeveran’s Richard F. Duncan The Duty of Data Security: Not the Objective Sherman S. Welpton, Jr. Duty He Wants, Maybe the Subjective Duty We Professor of Law and Need,” 103 Minnesota Law Review Headnotes Warren R. Wise Professor of 139. Hurwitz testified at the House Committee Law on Energy & Commerce hearing, “Americans at Risk: Manipulation and Deception in the Digital Professor Rick Duncan has Age,” at which he discussed dark patterns published “A Piece of Cake - techniques incorporated in user interfaces or Religious Expression: designed to encourage or trick users into doing Masterpiece Cakeshop and things they might not otherwise do. the First Amendment,” Nebraska Law Review Bulletin (Jan. 7, 2019). Two more of his articles Richard A. Leiter will be published soon: “Defense Against the Director of the Schmid Law Dark Arts: Justice Jackson, Justice Kennedy Library and Professor of and the No-Compelled-Speech Doctrine” Law in the Regent University Law Review’s First Amendment Symposium and “Seeing the No- Professor Richard Leiter Compelled-Speech Doctrine Clearly Through was elected chair-elect of the Lens of Telescope Media” in the Nebraska the Law Libraries and Legal Law Review. Duncan has spoken on electoral Information Section of the federalism, religious liberty and free speech at American Association of a number of law schools, including Cardozo, Law Schools. He will become chair at the next Washburn, Illinois, Ohio State, North Dakota and annual meeting of AALS in January 2021. Leiter St. Thomas. was also selected to be the Nebraska judge at the national final for the We The People Justin W. (Gus) Hurwitz competition held at the National Conference Associate Professor of Law Center in Leesburg, Virginia. We The People and Co-Director of the is a national high school debate competition Space, Cyber and Telecom focused on the United States Constitution Law Program sponsored by the Center for Civic Education. Leiter has participated as a judge in the Professor Gus Hurwitz is Nebraska state competition for about 15 years. the 2018-2019 recipient of the Ray H. Bunger Memorial

5 Nebraska Transcript — Spring 2020 Faculty Updates Faculty Notes

John P. Lenich in Portuguese that will be published in Brazil Earl Dunlap Distinguished as part of a book edited by Professor Arthur Professor of Law Emeritus M. Ferreira Neto of the Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS) titled, Professor John Lenich in English, Legal Argument and Controversial has been presented the Issues in Contemporary Constitutional Law. University of Nebraska- Lepard’s chapter is entitled “Reflections on Lincoln’s James V. Griesen the Resolution of Debates on the Universal Exemplary Service to Declaration of Human Rights: The Potential Students Award. In of a New Approach Based on Fundamental announcing the award, UNL Chancellor Ronnie Ethical Principles.” He has also completed and Green noted that this award recognizes submitted for publication another book chapter individuals who go beyond the performance of in Portuguese titled, “The Legality and Ethics their assigned work, devoting extra time and under International Law of Special Measures to effort in serving the needs of students. The Protect Vulnerable Populations.” The chapter award acknowledges Lenich’s extraordinary and will be published in a book resulting from a sustained performance on behalf of students. conference on affirmative action held at PUCRS. Lenich drafted the UNL Code of Student Conduct, which also served as the basis for Furthermore, Lepard wrote a paper that he the Code of Conduct that applies at all four expects to deliver at a conference sponsored by campuses. He also drafted a contract for the the Australian Catholic University held in Rome, recognition of fraternities as university group Italy, on the theme “The Liberty of Individuals housing units. and the Security of Nations.” His paper is entitled “Implementing the Global Responsibility Brian D. Lepard to Protect Victims of Mass Atrocities: The Need Harold W. Conroy for a Common Ethical Approach.” Distinguished Professor of Law and Director of the Colleen E. Medill LL.M. Program in Global Robert and Joanne Legal Practice Berkshire Family Professor of Law Professor Brian Lepard has completed an article in Professor Colleen Medill Portuguese to be published was one of 25 University of in the law review of the Universidade Federal do Nebraska-Lincoln faculty Rio Grande do Sul (UFRGS) in Brazil. The title members selected by the of the article in English is “New Developments Executive Vice Chancellor’s in International Human Rights Law: Its Sources, History and Institutions.” Lepard has also Office for the 2020 cohort of the Faculty submitted for publication in another Brazilian Leadership in Academia: From Inspiration to law review an article in Portuguese entitled, in Reality (FLAIR) program. Medill was voted English, “The Status of the Universal Declaration Professor of the Year by the 1L class, published of Human Rights in Contemporary International a new edition of her casebook, Contemporary Law.” Property, and concluded her three-year term on the Department of Labor’s ERISA Advisory In addition, Lepard has written a book chapter Council.

6 Nebraska Transcript — Spring 2020 Faculty Updates

Harvey S. Perlman Josephine (Jo) R. Potuto Harvey and Susan Perlman Richard H. Larson Professor Alumni Professor of Law of Constitutional Law

Professor Harvey Perlman Professor Jo Potuto has has been appointed chair of been named the 2019- the Drafting Committee for 2020 Dr. Barbara Hibner the Uniform Collection and Trailblazer Award recipient. Use of Personally Identified The University of Nebraska Data Act to be proposed Athletic Department by the Uniform Law Commission. He is the presents this award to an individual or family recipient of the Dean’s Advisory Board’s 2020 who has given outstanding support and Distinguished Faculty Award. generous contributions to women’s athletics at the University of Nebraska-Lincoln. Potuto is the 20th recipient of this award. Sandra B. Placzek Associate Director of the Kevin L. Ruser Schmid Law Library and Richard and Margaret Professor of Law Library Professor of Law, M.S. Hevelone Professor of Law Professor Sandy Placzek and Director of Clinical reviewed Jonathan Programs Gienapp’s The Second Creation: Fixing the Professor Kevin Ruser American Constitution in the presented a continuing legal Founding Era for Law Library Journal and Three education seminar on the Neglected Pieces of the Documentary History of immigration aspects of Meyer v. Nebraska at the Constitution and Bill of Rights for Unbound: Concordia University in Seward; a talk on the A Review of Legal History and Rare Books. Law College’s Immigration Clinic, immigration She presented a session at the Mid-America law and immigration policy at “Dish It Up” Association of Law Libraries Annual Conference for the UNL Office of Academic Success and in St. Louis, Missouri, on library community Intercultural Services (OASIS); a talk on “Padilla integration, value and marketing: “Totally and Its Progeny” at the Omaha Inns of Court; amazing ideas to completely rip off from other a talk on immigration-related post-conviction libraries... to make your own, show your value cases and developments in Nebraska for the and market your library.” She continues work Douglas County Public Defender’s Office in on the Transcript Index, and has volumes up Omaha. through 2004 indexed (http://schmidguides.unl. edu/transcripts).

Follow the faculty at: http://law.unl.edu/faculty-administration

7 Nebraska Transcript — Spring 2020 Faculty Updates Faculty Notes

Matthew Schaefer Chadron State College. This spring, students Veronica A. Haggart & from those schools traveled to the law school Charles R. Work Professor to watch arguments before the Nebraska of International Trade Law Supreme Court and visited the legislature, and Founding Co-Director where they heard from senators, lobbyists and of the Space, Cyber & committee counsel about the role of lawyers in Telecom Law Program the legislative process