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Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 1, Spring 2012

Nebraska Transcript

Dean’s Message 2

Faculty News

Profile: Roger Kirst 4

Schmid Law Library Faculty 6

Faculty Notes 8

Profile: Brank’s Return 16

Feature: Senator Mike Flood 18

Around the College

Warren Transitions to Admissions 21

Clinics Provide Lessons in Immediacy 22

CSO Report: Exploring Opportunities 26

Willborn Portrait Unveiled 27

A Perfect Storm 28

LL.M Report: Final NASA Grant Repor 32

Perry Fuller Lecturer: Thomas Crisham 38

The Tragedy of William Jennings Bryan 39

Winter 2011 Commencement 40

Connect with Us! 43

Our Alumni

Dean Poser’s Travels 44

2011 Alumni Master: Eartha Johnson 45

Stejskal: FBI Probe on Illegal Steroid Usage …

Lawyers As Insincere (But Truthful) Actors, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

Spring 2012 Magazine

Ergo

No abstract provided.

April 2012 Newsletter

Ergo

No abstract provided.

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Law Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …

Derrick Bell: Godfather Provocateur, André Douglas Pond Cummings

Law Faculty Scholarship

Professor Derrick Bell, the originator and founder of Critical Race Theory, passed away on October 5, 2011 at the age of 80. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere. Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard’s refusal to hire and tenure women of color onto its law school faculty. For the past twenty years, Professor Bell taught …

Client Confidentiality And The External Regulation Of The Legal Profession: Reporting Requirements In The United States And United Kingdom, Maria Castilla

Cardozo Public Law, Policy & Ethics Journal

The note examines the dual role of lawyers as both zealous advocates for their clients and guardians of justice, highlighting the tension this creates, particularly in the context of corporate scandals. It critiques the notion that lawyers should solely serve their clients and suggests a more active role in preventing misconduct. The analysis compares regulatory approaches in the U.S. and the U.K., noting that the U.S. relies more on self-regulation while the U.K. emphasizes external oversight, reflecting differing societal perceptions of lawyers' roles.

A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh

Faculty Scholarship

Robert B. Ahdieh provides a tribute remembering Professor David Bederman as a colleague and friend.

Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak

Michigan Law Review

If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made a mistake, the answer would be no. You might even get a look suggesting that you had asked a pretty stupid question. But judges treat the issue as a hard one, relying on a theory as casually accepted in criminal justice as it is offensive to principles of moral philosophy. This theory holds that the lawyer is the client's agent. What the agent does binds the principal. But clients and lawyers fit the agency model imperfectly. Agency law is …

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Law School Clinics, Margaret Martin Barry, A. Rachel Camp, Margaret E. Johnson, Catherine F. Klein, Lisa V. Martin

All Faculty Scholarship

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …

Bewitched By Language: Wittgenstein And The Practice Of Law, Bruce A. Markell

Pepperdine Law Review

No abstract provided.

Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr

Pepperdine Law Review

No abstract provided.

The Wrong Question, John E. Acuff

Pepperdine Law Review

No abstract provided.

The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost

Pepperdine Law Review

The teaching and practice of law assume and are shaped by the standard vision of lawyer conduct and ethical responsibility. Under the standard vision, which is reflected in the various codes of professional responsibility governing lawyers, the lawyer is a "neutral partisan" for his or her client: "neutral" in that he does not let his moral values affect his actions on behalf of his client; "partisan" in that she does whatever she can within the limits of the law to advance her client's stated interests. Because the standard vision is readily understood by most lawyers as imposing a code of …

The Lawyer's Humble Walk, Mark Osler

Pepperdine Law Review

A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.

Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman

Pepperdine Law Review

No abstract provided.

Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson

Pepperdine Law Review

No abstract provided.

Christian Service In The Practice Of Law, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.

Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga

Pepperdine Law Review

No abstract provided.

Practicing Law As A Christian: Restoration Movement Perspectives, Thomas G. Bost, L. Timothy Perrin

Pepperdine Law Review

The legal profession faces a potential crisis where the professional and personal lives of practicing lawyers are being compartmentalized, with little relationship to or integration with each other, and with sometimes starkly differing standards of conduct and morality. Perrin and Bost argue that a Christian lawyer's commitment to Christ calls them to a standard of conduct higher than or different from the ethical rules propounded by the bar. The article examines the "standard vision" of lawyer conduct and ethical responsibility and summarizes four models of how Christians have adopted in relating to secular culture: in harmony with the code; against …

Pepperdine Commencement Speech, Anthony T. Kronman

Pepperdine Law Review

No abstract provided.

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine

Pepperdine Law Review

This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …

Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti

Pepperdine Law Review

No abstract provided.

A Larger Calling Still, Lee Hardy

Pepperdine Law Review

No abstract provided.

Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr

Pepperdine Law Review

No abstract provided.

Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab

Pepperdine Dispute Resolution Law Journal

A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …

Collaborative Family Law, Pauline H. Tesler

Pepperdine Dispute Resolution Law Journal

Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …

The Mediated Settlement: Is It Always Just About The Money? Rarely!, Steven L. Schwartz

Pepperdine Dispute Resolution Law Journal

Since our legal system of dispute resolution tends to remedy wrongs only by payment of money, most settlements will eventually involve negotiations over the amount to be paid and received. Yet, in both the theory and actual practice of mediation that has lead this writer to conclude that it is never just about the money. Effective lawyer representation of clients in mediation requires a different kind of investigation and preparation than lawyers may be accustomed to conducting. Similarly, an effective mediator must be adept in identifying the clues that reveal the "below the water line" interests at work and which …

The Narrative Approach To Mediation, Toran Hansen

Pepperdine Dispute Resolution Law Journal

Narrative Mediation is an approach and methodology that can offer mediators an innovative way to handle conflict intervention. It is important to note that "it is not a model that can be ransacked for techniques without damaging the intent and process it requires.. .because the foundational view is vastly different [from other approaches]." It may, however, particularly appeal to mediators with a postmodernist theoretical bent who prefer to work with the accounts of parties in conflict rather than attempting to get at "the truth" because they recognize that any truth brings with it implicit bias. The explicit role of mediator …

Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley

Pepperdine Dispute Resolution Law Journal

In a recent law review article I authored for the Loyola University of Chicago Law Review, Mediation Magic: Its Use and Abuse, I addressed the perplexing problem of the current lack of ethical guidance available to mediators and mediation advocates on the question of permissible uses of deception in mediation generally and in caucused mediation, in particular. This article is a sequel to that publication, offering the reader a condensation of some of the ideas contained in that article and some additional thoughts on criteria that might be appropriate to consider when designing a truthfulness standard for mediation.