FA L L 2 0 1 9 G. MICHAEL FENNER, JD A Beloved Professor Retires FA L L 2 0 1 9 Tomorrow’s Witnesses As the number of Holocaust survivors dwindles, the School of Law and the Jewish Federation of Omaha are turning to students in the From Nuremberg to The Hague summer program to become the next generation of 20 witnesses. A Law Degree Opens Doors to All Kinds of Careers While most students who attend law school plan on practicing law as attorneys, some plan 14 to use a law degree in a A Beloved Professor Retires different way. Meet four In 1972, 28-year-old G. Michael Fenner, JD, joined the faculty at the Creighton law graduates School of Law. After 47 years of teaching and serving under eight who have pursued a deans, Fenner retired in May, leaving a legacy of forming attorneys different path. instilled with a Jesuit-inspired mission to make life better for the people they serve. 22 Lawyer News Alumni News Student’s Legal Paper Turns into Nebraska Bill .................................... 4 Mu Named Top 10 California Immigration Attorney .............................. 26 Associate Registrar Retires ...................................................................... 5 Alumni Notes ........................................................................................... 27 Nebraska Supreme Court at Creighton ................................................... 5 A Proud Moment ..................................................................................... 27 McGrath North Continues the Connection ............................................. 6 From the Bench ....................................................................................... 28 A Legal Tradition ...................................................................................... 7 International Award ................................................................................. 29 Pro Bono Program Update ...................................................................... 7 Remembering Harold Lee Rock ............................................................. 30 Spurred On ............................................................................................... 8 In Memoriam ........................................................................................... 30 Military Law Society Finds New Life in School of Law ........................... 9 ‘Kay’s Boy’ Makes a Name for Himself Justice Thomas Visits Creighton ............................................................. 9 with Service to the Community ............................................................... 31 Badge of Honor ........................................................................................ 10 Kendra Fershée Joins Law Faculty ......................................................... 11 BLSA Hosts Community and Government Panel .................................. 11 Faculty: Beyond the Classroom .............................................................. 12 Follow us: @CreightonLaw Creighton Law School @creighton_law COVER ILLUSTRATION BY ZACH MEYER Creighton Lawyer is published by the Creighton University School of Law for alumni, students, faculty and friends. Joshua Fershée Dean and Professor of Law Rachel Goedken Dean’s Message Associate Dean for Academic Affairs and Assistant Professor of Law e’re thankful for the kindness and Rick McFayden generosity, as well as patience, that Associate Dean for Student Affairs have been shown in our transition and Administration Wto Omaha. I say “we” because during my entire career as a law BarbaraKaye Miller professor, I have had the privilege and opportunity to Assistant Dean for Admissions teach alongside my best friend and wife, Kendra. That continues here at Creighton, and we are excited to be Mandy Whiddon part of the Creighton family. This is an incredible place, Assistant Dean for Career Development with amazing potential, and we look forward to being Rick Davis part of the next phase for the Creighton University Director of Communications School of Law. Here is what I need you to know: I have high Sheila Swanson expectations for myself and for our school. And I am Associate Director of Communications confident we can do great things. I know we have a lot of work to do, but I also know a lot of people are already Amanda Brandt, Micah Mertes, Cindy Murphy McMahon, Emily Rust working hard for all of us. I am confident that if we and Blake Ursch continue that, working together, good things will follow. Contributing Writers Established in 1904, the Creighton School of Law is celebrating its 115th anniversary this year. It offers a time to reflect on Follow me: Address correspondence to: and appreciate the accomplishments of the past, while charting a new @jfershee Creighton Lawyer path forward. In this moment, we have an opportunity to address any @creightonlawdean Creighton University challenges and refocus our efforts on our core mission and the many University Communications things we do so well. This is a time of new beginnings, and I’m excited and Marketing about what lies ahead. 2500 California Plaza Omaha, NE 68178-0208 I want to thank and acknowledge the faculty for their support and commitment to our students and our institution. I also need to thank Creighton Lawyer is published by the Professor Mike Kelly for his service as interim dean and for his efforts, Creighton University School of Law. his stewardship and his incredible kindness and support throughout this Postmaster: Send change of address process. He helped guide us to a place where we can move forward, and I to Creighton Lawyer, P.O. Box 3266, am truly grateful. Omaha, NE 68103-0078. When I interviewed for this position, I talked about moving forward with a foundation based on trust, faith and hope. I very much appreciate Send letters to the editor to Rick Davis at [email protected]. the trust the Creighton community is showing us in extending this opportunity, and I hope everyone knows we wouldn’t be here if we For enrollment information, contact didn’t trust you and the community we’re joining. We have faith in the the School of Law Admissions institution, its people and the commitment to legal education we share. Office at [email protected] or And together, we will create hope for the future. 800.282.5835 or 402.280.2872. Our job is to educate our students, teach them how to serve others and how to pursue justice. I also believe we need to work together For the latest on alumni gatherings, to continue to strive for excellence. (These values are, incidentally, contact the Alumni Relations Office at 800.CU.ALUMS (800.282.5867) or consistent with the Jesuit traditions and philosophies of cura personalis check online at alumni.creighton.edu. and magis.) Embracing these values will help us build a foundation for the next 115 years, while embracing the accomplishments and Update your mailing address at achievements of the first 115. alumni.creighton.edu, 800.334.8794 or I have high expectations for the law school’s next chapter, and I look mail to Development Office, Creighton forward to working with you to reach and exceed our goals. I hope to see University, 2500 California Plaza, you soon. Omaha, NE 68178-0208. Joshua Fershée, JD creighton.edu Dean and Professor of Law Copyright © 2019 by Creighton University Student’s Legal Paper Turns into Nebraska Bill When Chris McMahon, a part-time Creighton law student, started writing a paper for the Creighton Law Review, he didn’t know he would eventually be writing a bill that would be passed by the Nebraska Legislature and approved by Gov. Pete Ricketts. McMahon’s paper focused on hearsay provisions in evidence rules in Nebraska and North Carolina law that render eyewitness pretrial identification or nonidentification of a person inadmissible in court. “So, for instance, if you’re at the scene of a crime, and you see it happen, that pretrial identification testimony is inadmissible in court,” McMahon says. “And that’s only the case in Nebraska and North Carolina.” In his research, McMahon came across the 2017 Nebraska Supreme Court case State v. McCurry. The case involved Corleone McCurry, who was convicted in 2015 of first-degree murder and two weapons charges in the 2014 shooting death of From left, Creighton law student Chris McMahon with Nebraska Gov. Pete Ricketts and Collin Mangrum, Timothy Marzettie during an altercation at professor of law, at the State Capitol on June 14. Marzettie’s Omaha home. Witnesses told police that the shooting Lathrop, thanks, at least in part, to be added to the state’s hearsay exceptions.” occurred during a home invasion by two Creighton law professor Collin Mangrum, Mangrum and McMahon testified in front intruders, and investigators identified JD, SJD, who taught Lathrop, and professor of the Legislature on behalf of the bill McCurry as a suspect. Following his trial Terry Anderson, JD, LLM, who has worked in May. and conviction, McCurry was sentenced to with Lathrop at the Omaha firm Hauptman McMahon and Mangrum, who has been life in prison. O’Brien Wolf & Lathrop. advocating for the changes addressed in In his appellate brief to the Nebraska Lathrop met with McMahon and agreed to the bill for years, met with Nebraska Gov. Supreme Court, longtime Douglas County introduce LB392 during this year’s session. Pete Ricketts on June 14 at the State Capitol Public Defender Thomas Riley, JD’75, The purpose of the bill is to “bring Nebraska after Ricketts signed the bill. It was a included an argument that lower courts in line with federal rules of evidence