Argument Analysis: Court Closely Divided on the Exclusionary Rule
By Orin Kerr, Originally Published in SCOTUSblog.
Only six Justices spoke during this morning’s oral argument in Utah v. Strieff. The six voices suggested that the Justices are deeply divided on the scope of the exclusionary rule, perhaps dividing four to four in Justice Antonin Scalia’s absence. As I explained in my preview, the question in this case is whether the exclusionary rule applies when a police officer makes a unlawful stop of a suspect, that stop leads to a warrant check, and the officer learns of a warrant and makes a search incident to the arrest. Full Article
The Unintended Consequences of the Internet of Things
By Jim Calloway, Originally Published in Jim Calloway's Law Practice Tips Blog
Refrigerators that automatically help you prepare your shopping list. Thermostats that adjust the temperature to your liking when they detect you are heading home on your commute. A device on the front door that sends a picture to you of everyone who rings the doorbell while you are away. All of these ideas seem great and maybe even a bit magical, and they are headed your way right now. The concept of the Internet of Things (IoT) holds a lot of promise. Unfortunately, as with all things related to technology, it may not be quite that simple.
The Volunteer Lawyers Project
The Volunteer Lawyers Project needs volunteers to assist in representing low-income clients throughout Nebraska and to assist walk-in persons at one of six Self Help Centers located in Buffalo, Douglas, Hall, Lancaster, Madison, and Scotts Bluff Counties. To learn more about representing clients through VLP, please contact VLP at firstname.lastname@example.org or call Carol Cleaver at (402) 742-8127. To learn more about volunteering at a Self Help Center, please contact VLP at email@example.com or call Sophia Alvarez at (402) 742-8133.
Student Trial Advocacy Competition - Judges Needed
The American Association for Justice needs your help in judging the annual Student Trial Advocacy Competition (STAC) in Omaha, NE. As the nation's premier mock trial competition, STAC is critical in developing the next generation of lawyers, and I personally invite you to be a part of the process. This annual competition relies on attorneys like you to donate time and expertise toward fostering the brightest young legal minds.
The Omaha regional competition will be held March 10-13 at the following times, and we need your help in making this the best STAC yet.
- Thursday, March 10, 6:00 pm-9:00 pm (Douglas County District Court)
- Friday, March 11, 6:00 pm-9:00 pm (Douglas County District Court)
- Saturday, March 12, 9:00 am-12:00 pm; 2:00 pm-5:00 pm (Douglas County District Court)
If you are able to volunteer, attorneys and legal staff can sign up online, call (402) 212-9661, or e-mail firstname.lastname@example.org. For more information about the competition, please visit the STAC website at www.justice.org/STAC . We hope you will volunteer your time and share your expertise! Please contact Chris Welsh, (402) 384-8160, if you have any questions.
Nebraska Judicial Ethics Committee Opinion 16-1
The Judicial Ethics Committee has released an opinion in response to the following question:
May a judge serve on a guardian ad litem task force formed by a Board of County Commissioners for the stated purpose of discussion, consideration, and making recommendations to the Board as to the method by which guardian ad litems should be appointed in juvenile court proceedings in that county? Complete Response
2016 YLS Best Practices Seminar
The 2016 YLS Best Practices Seminar will be Monday, March 7 at Creighton. Program topics include civil litigation, eye witness testimony, ethics, intellectual property, divorce and mediation—the full program is pasted in below. The event is approved for 6 hours CLE credit, including 1 hour ethics, by both Nebraska and Iowa. This is one of the most economical CLE opportunities that will be offered this year by NSBA at $130 for Young Lawyers Section members and $155 for other NSBA voluntary dues-payers. Register Today.
Judicial Resources Hearing to Hold March 10 Hearing
The Judicial Resources Commission will hold a public hearing via a telephone conference call pursuant to Neb. Rev. Stat. § 24-1204 to determine whether, based on the judicial workload statistics, a judicial vacancy exists in the office of district court of the 2nd Judicial District, due to the appointment of Judge Max J. Kelch to the Supreme Court bench from the district court bench, effective March 1, 2016, and make a recommendation to the Supreme Court as to the primary place of office of said vacancy. Full Press Release
March 3, 2016, Application Deadline Set for County Court Judge Vacancy, Third Judicial District
According to Supreme Court Justice William B. Cassel, the Judicial Nominating Commission for County Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing in the Supreme Court Courtroom, Room 2200, State Capitol Building, Lincoln, Nebraska, beginning at 9:30 a.m. on Thursday, March 24, 2016. The primary place of office for the judicial vacancy is Lincoln, Lancaster County, Nebraska. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of County Judge due to the retirement of Judge James L. Foster, effective January 31, 2016. Full Press Release
Investiture Ceremony Set of Judge Max J. Kelch as a Supreme Court Justice
The investiture ceremony of Judge Max J. Kelch as a Justice of the Nebraska Supreme Court representing the 4th Judicial District will take place at 3:00 p.m. on March 11, 2016, in the Warner Chamber of the Nebraska State Capitol. Retired District Court Judge Randall Rehmeier will serve as the ceremony officiant. The public is invited to attend.
Public Notice For Appointment Of New Magistrate Judges
Chief Judge Laurie Smith Camp announced today that the U.S. District Court for the District of Nebraska will expand its search process to seek two magistrate judges to succeed Magistrate Judge Thomas D. Thalken, who will retire on December 31, 2016, and Magistrate Judge F.A. Gossett, III, who will retire on June 30, 2017. Applications are due on or before March 14, 2016. Information about the positions and the selection process, as well as an application form, can be obtained through the court’s website at http://www.ned.uscourts.gov/attorney/appointment-of-magistrate-judge.
Researcher Looking for Attorneys to Interview
Hello! My name is Lynn Phillips and I am a marketing PhD student at the University of Nebraska-Lincoln. I am seeking to interview attorneys by phone for my doctoral dissertation on how legal professionals create and maintain their professional image with clients. I am specifically hoping to interview attorneys who work in a small firm, have clients who are individual people rather than corporations, and are responsible for building up their own client base. Interviews would last between 30 minutes and an hour. In exchange for your time, I would be glad to share the results of the research, which should benefit both attorneys and the academic community alike. If you are willing to help me out by being interviewed, please email me at email@example.com. Thank you in advance for your time and your help.
Recent Supreme Court Opinions
Week of February 19, 2016
Week of February 12, 2016
For a complete listing of recent opinions, visit the Nebraska Judicial Branch Website.
Trivia Night, February 18, 2016 - Thank You
The Young Lawyers Section and the Corporate Counsel Section of the NSBA partnered together on February 18 to host the first annual Trivia Night, a fundraiser for the Nebraska Lawyers Foundation. With over eighty supporters in attendance, fifteen teams comprised of law firms, NSBA staff, and wealth management advisors spent an evening battling for the title of “Trivia Night Champs.” Top honors went to Dvorak & Donovan Law Group of Omaha, Nebraska, who will proudly display the traveling trophy until next year’s rematch. Most notably, $3,380 will be donated to the Nebraska Lawyers Foundation, which continues to provide valuable programs and resources to the Nebraska community. Thank you to all who participated, donated and made the NSBA’s first Trivia Night a wonderful success!
13th Annual Greater Nebraska Golf Scramble
The 13th Annual Greater Nebraska golf scramble is Friday, June 3, 2016 at the Prairie Club in Valentine, Nebraska. Please reserve your foursome soon. You also have the option of playing your own ball on Thursday, June 2nd or Saturday, June 4th. To make tee times or reserve a sleeping room, please contact Janeen Arens at 888-402-1101, option 0. When reserving your room, make sure you tell her it is for the NSBA tournament. All proceeds go to the Volunteer Lawyers Program. Did you know that thousands of individuals contact the Volunteer Lawyer’s Project for assistance each year. For the majority of persons who seek assistance from VLP, it is a place of last resort. During the nine months of 2015, VLP assisted 2,227 persons with case placement or service at one of six self-help centers located in county courthouses. More than 90% of these persons were self-represented. VLP assisted 2,806 telephone callers by providing information and resources about access to the justice system or referral to legal service providers. Download and complete the registration form to sign up for the tournament.
Member Benefit Spotlight: Clio: Legal Practice Management Solution.
Clio is the world’s leading cloud-based legal practice management software and is proudly committed to helping law firms simplify and grow their practices.
Invaluable for law firms of all sizes, Clio handles all the demands of a growing practice from a single, cloud-based platform. From matter and document management to time-tracking and billing, Clio's effortless suite of features can accomplish any task. Clio even offers seamless integration with other popular applications such as Google apps, Dropbox, and Office 365.
Clio is an effortless tool that helps keep lawyers focused on what they do best — practice law.
Benefits for members of the Nebraska State Bar Association include:
• A 10% lifetime discount
• A free trial
• Live 1:1 web demonstrations
• Unlimited access to live support and training center
Learn more at clio.com and sign up as an member today!
Member Benefit Spotlight: MyCase
MyCase is a web-based legal practice management software that helps solo and small law firms more efficiently manage the day-to-day functions of their business. MyCase is priced at $39/month per attorney and $29/month for a paralegal or support staff. NSBA Members receive a free 30-day trial AND a 10% off lifetime discount.
Key Features & Benefits:
• Access all of your legal cases and matters from anywhere at anytime
• Organize your calendars, contacts, reminders, tasks and to-do lists
• Simplify time tracking, billing and invoicing
• Delight clients with a secure client portal
MyCase is intuitive and easy to use. See for yourself and start your trial here.
MyCase can help Nebraska law firms get organized and get more done every day. You can contact MyCase at: 800-571-8062 or firstname.lastname@example.org with any questions.
ABA TECHSHOW 2016 - March 17-19
The ABA TECHSHOW Conference and EXPO is where lawyers, legal professionals, and technology all come together. For three days, attendees learn about the most useful and practical technologies available. Our variety of CLE programming offers a great deal of education in just a short amount of time.
As a member of the Nebraska State Bar Association, we want you to know that you can get a discount on the ABA TECHSHOW 2016. This discount only applies to registrants that qualify for the Standard registration. You can register online, or download this registration form and include this unique discount code: EP1615 to receive a discount.
Learn and network with legal technology experts from across the country, March 17 -19, at the Hilton Chicago. Visit www.techshow.com for up-to-date information on ABA TECHSHOW 2016, the best event for bringing lawyers and technology together.