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NEBRASKA PARALEGAL ASSOCIATION

IN BRIEF

VOLUME MMXIX ISSUE 1

FEBRUARY 2019

IN THIS ISSUE: From the President ..... 1 From the Editor ........... 3 Save the Dates ............ 4 District I News ............ 5 New Members ............. 6 District II News ........... 7 Student Education Award .......................... 8 Getting to Know Your Officers ........................ 9 Target Practice for Legalese Article............. 13 Justice Kavanaugh Raises Question Article .... 19 Spring Seminar Information ....................... 21

FROM THE PRESIDENT: AMBER ROBERTS, ACP I think most of the magic and wonder of snowfall has worn off at this point during winter and the majority of people are looking forward to the first blooms of spring. It’s easy to allow this dreary time of year to make us complacent but the board and committees have been anything but. During our last board meeting in January, we spent a good deal of time discussing strategic planning for NePA and what our goals and initiatives should be for the next 3 -5 years so we can remain a leader in paralegal education and a vital part of the legal community for the next 50 years. What if our vision for the future was to be one of the top influential paralegal associations in the United States where innovation and professionalism thrive? What if our mission was to be a welcoming community of professionals dedicated to serving our members and strengthening the profession for future generations? What would that look like from a practical standpoint, and better yet, how would it feel to interact with us? I don’t know about you, but that thought gets me excited and motivated for our future! The board discussed many aspects of our association and settled on one main area that really affects all others...membership. We want to recruit new members, convert Student members to Active members when they graduate and join the profession, retain current members, make members feel welcome and heard, get more member involvement from events to committees, and provide more value to our members through technology, services, and events. Each of these is an entire initiative in and of itself and yet, they require that we collaborate with each other, and between committees, to fully utilize our resources. Collaborating between committees is something the board is focusing on this year and we’re excited that we’re already seeing the benefits of doing so. One example is the 2019 Program Brochure. By working together, we were able to set our program schedule and communicate it out to you in January with

www.nebraskaparalegal.org

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PRESIDENT’S MESSAGE CONTINUED the hope that with this much advance notice, you’ll be able to schedule your time around events of interest to you so you can attend more. What other items are on the agenda? • • • • • • • •

New communication tools that allow us to tailor our messages to different member types, nonmembers who have recently attended events, and others who might be interested in our offerings. Consolidated and scheduled communications so you aren’t inundated with emails from NePA. Programs for new members and students to welcome them to our NePA family and help them become more engaged in the association. Updated applications and processes. Closer relationships with other associations such as the Omaha Bar Association and Nebraska State Bar Association that are mutually beneficial and allow us to spread our message and offerings across multiple groups. Getting Districts 3-5 active through technology and Distance membership so we truly are the Nebraska Paralegal Association and our offerings are available throughout the state. Updated technology to assist with our initiatives, including the potential for live streaming and webex capabilities. And many more.

So now I hope you’re as excited as I am about the future of NePA. This all looks great, right? There is a catch...there’s always a catch! Here’s what I need from you: PARTICIPATION. This can take many forms and we each have different lives which means we have varying roles and responsibilities leaving us unable to spend all our time volunteering to help NePA. But could you give us 1 hour a month...just 12 hours a year? We currently have three committees in particular that could use your help to work on one or more of the above initiatives and require many different skill sets. The Membership committee is looking for volunteers who can help welcome new members, draft more detailed goals and plans, or tackle planning for a couple different events we’d like to hold. The Technology committee is looking for volunteers who can assist by learning the backend of the website including updating job postings and the calendar, communications, and event registrations or coordinating with other committees to determine their technology needs. The Publications committee is looking for volunteers who can assist by learning Publisher and helping to format the In Brief, find or write articles of interest to members, or edit an issue when it is ready to be published. Last issue, my message started with a quote from Gandhi, “The difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.” I believe this holds true for NePA as well. Combine our power and paralegals are unstoppable! I know YOU have something to offer this association. In the next few weeks, we’ll be contacting those who indicated on their applications they were interested in a committee about which one they might like to join. Even if you didn’t put it on your application, please contact me about volunteering. I promise, you will help us make a difference! My Best,


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FROM THE EDITOR Greetings! I hope you are staying warm or able to escape to warmer climates for awhile! You will note that we need sponsorship ads in this edition. I would encourage you to ask your firm or employer to consider being a sponsor of NePA. The sponsorship levels follow. Donations of any amount are also accepted. Ruby: $200.00—Recognition on NePA’s website at nebraskaparalegal.org; and ¼ page logo or ad in all 2019 issues of the In Brief. Sapphire: $400.00 – Ruby sponsor benefits, plus: Upgrade to a ½ page logo or ad in all 2019 issues of the In Brief; a link to your website on NePA’s website; a vendor table at one of the 2019 Spring and Fall Seminars which includes the registration fee for one (1) representative at one seminar; OR one complimentary admission to either 2019 Spring or Fall Seminar for use by an employee of the sponsor (registration required); and six (6) complimentary admissions to any 2019 NePA District 1 and/or District 2 luncheon events (reservation required for specific event). Valid from January 1, 2019 through December 31, 2019.

Emerald: $600.00 – Sapphire sponsor benefits, plus: Upgrade to a full page logo or ad in all 2019 issues of the In Brief; a vendor table at both 2019 Spring and Fall Seminars which includes the registration fee for one (1) representative at each seminar; OR one complimentary admission to both 2019 Spring and Fall Seminar for use by an employee of the sponsor (registration required). Diamond Sponsor: $800.00 – Emerald sponsor benefits, plus: Upgrade to twelve (12) complimentary admissions to any 2019 NePA District 1 and/or District 2 luncheon events (reservation required for specific event). Valid from January 1, 2019 through December 31, 2019; recognition on the homepage of NePA’s website; and a direct link to your website, logo, or ad in all 2019 issues of the In Brief.

Do you like what you’ve seen in this issue? Do you have questions or comments? Notice an error? Let us know at: Kim.Hansen@bhmginc.com.

Publications Committee: Publications Committee Members Kim Hansen, Chair Casey Ochs, CP Kimberly Brown, ACP Amber Roberts, ACP Shannon Persoma


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SAVE THE DATES March 27th - District I Luncheon (Wind Farms, David Levy of Baird Holm LLP - Anthony’s Steakhouse, Omaha) April 12th - Spring Seminar and Mid-Year Meeting (Mahoney State Park, Ashland) May 15th - District II Luncheon (Developing Defensible Deletion Strategies, Reggie Pool, HBR Consulting LLC - Ameritas, 5900 O Street, Lincoln)

Register for events at: http:// nebraskaparalegal.org.

May 22nd - District I Luncheon (Network for Success: Creating Your Personal Board of Directors, Sara English of Mutual of Omaha - Anthony’s Steakhouse, Omaha) June 5th - District I Afternoon Event (Unity in Diversity: Working Together to Achieve Success, Keynote by Ryan Sallans)

Board Meetings (5:30-7:30pm):

August 14th - District II Luncheon (On Record: The Pros and Cons of Police Body Cameras, Mark Boyer of NE State Patrol - Green Gateau, Lincoln)

March 5th

September 18-19th - Recognition Breakfast, Annual Meeting and Fall Seminar (Scott Conference Center, Omaha)

June 4th August 6th (budget) Gavilon October 8th

October 23rd - District I Luncheon (Domestic Violence & Sexual Assault: Addressing Issues, Decreasing Victims, Sara Eliason of Women’s Center for Advancement - Anthony’s Steakhouse, Omaha) November 13th - District II Luncheon (Serving as a Prosecutor: A Female’s Perspective, Nicole Hutter of NE State Patrol - Green Gateau, Lincoln) November 20th - District I Luncheon (Establishing Financial Wellness for Yourself and Your Clients, Kathleen Spencer of Operation HOPE, Inc. - Anthony’s Steakhouse, Omaha)


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DISTRICT I NEWS January kicked off an exciting year of lunches and CLE opportunities for 2019! Brandi Hinkle, Lead Investigator for the NEOC, presented Navigating the Investigative Process: How to Respond to a Serve by the NEOC. Brandi not only simplify the process in her presentation, but elaborated on ways to streamline responses between the parties. The paralegals in attendance took many valuable lessons away to share. February brings yet another learning opportunity, and is co-hosted by the Nebraska Chapter of ARMA, International. Rick Jeffries of Cline Williams will describe the fundamental differences in philosophy between the US and the rest of the world when it comes to privacy, discuss the jurisdictional provisions of GDPR so you can evaluate whether you may have to comply with it, and examine GDPR’s major provisions where they differ from US privacy law. The luncheon will be February 20th, at Beacon Hills (6750 Mercy Road, Omaha, NE 68106) and will follow a modified schedule (11:00 optional networking, 11:30 lunch and 12:00-1:00 education). 1 hour of CLE will be offered and the registration deadline is February 15th. See the details below for our future luncheons so you may calendar them now and share in these informative and fun opportunities. We look forward to seeing lots of familiar and new faces this year! 2019 Luncheon Save the Dates March 27, 2019 Wind Farms, David Levy, Partner at Baird Holm LLP May 22, 2019 Network for Success: Creating Your Personal Board of Directors, Sara English of Mutual of Omaha October 23, 2019 Domestic Violence & Sexual Assault: Addressing Issues, Decreasing Victims, Sara Eliason of Women’s Center for Advancement November 20, 2019 Establishing Financial Wellness of Yourself and Your Clients, Kathleen Spencer of Operation HOPE, Inc.


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NEW MEMBERS

Duane Hronik - Active Shelby Logan - Student Tyler Pilant - Student Yen Huynh - Student Lynn Wehner - Student Jennifer Skulstad - Student Madaline Beaveruon - Student Madison Craig-Volk - Student Naomi Wellman - Student Shanae Bowser - Student


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DISTRICT II NEWS District II had a fantastic speaker earlier this month. Susan Sapp of Cline Williams presented Breaking the

Ties that Bind: Birth Mother Concerns and Ending Parental Rights. There were eight attendees at the Green

Gateau which is known for great food and atmosphere. We got some incredibly interesting information related to birth mothers, different adoption types, and how each comes with its own processes and challenges. We also got an update on legislature making the rounds related to adoption. One thing I found particularly interesting was we had a non-member guest not from the legal field. He and his wife are looking into adoption and ran across Susan’s name. He saw she was presenting at NePA and decided to come to the luncheon to learn more. I am pleased to know we’re making a real-world impact with our educa- Susan Sapp and Laurie Montag tional offerings and hope to spread the word about our different topics in many circles to increase attendance. See the details below for our future Lincoln luncheons so you may calendar them now and share in these informative and fun opportunities. Of particular note, the next luncheon in May will qualify for 1 hour of CLE and be held at Ameritas as well as follow a modified schedule (11:00 Optional Networking, 11:30-12:00 Lunch, 12:00-1:00 Education). We look forward to seeing you soon!

2019 Luncheon Save the Dates May 15, 2019 Developing Defensible Deletion Strategies, Reggie Pool of HBR Consulting August 14, 2019 On Record: The Pros and Cons of Police Body Cameras, Mark Boyer of NE State Patrol November 13, 2019 Serving as a Prosecutor: A Female’s Perspective, Nicole Hutter of NE State Patrol


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STUDENT EDUCATION AWARD

Nebraska Paralegal Association

$500.00 STUDENT EDUCATION AWARD Applicants must be admitted and accepted in a paralegal program at an accredited University, College, Community College or Business College located in Nebraska and have completed one academic term. Application deadline is March 1, 2019 Selection of scholarship recipients shall be made without regard to race, color, creed, sex, age, national origin or marital status. for more information on eligibility requirements and application procedures, visit: http://nebraskaparalegal.org/students.php

Questions? contact: Joyce Buller at 402-319-7926


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GETTING TO KNOW YOUR OFFICERS – J.C. TUCK, CP How did you end up in the paralegal field? In college I spent a few summers as a filing clerk for an attorney. While I thought I would eventually go to Law School, I ended up building a career in the Financial Services industry. About 10 years ago, I decided to enroll in the Paralegal program at Metro Community College. I was lucky by the fact that my employer paid for the classes and most of my books. I took a couple of evening/weekend classes each semester and continued until I had fulfilled the requirements to take the Certified Paralegal exam. In 2013, I passed the exam. It took another three years before I was able to successfully be hired for a role in our Regulatory Compliance department, however. How did you become involved in NePA? One of my instructors at Metro suggested that we attend a couple of NePA luncheons. I really enjoyed the speakers and decided to attend the Spring Seminar in 2011. From that point on, I was hooked! At the encouragement of some active members, I joined the CLE/Seminar Committee which made me feel better connected to the organization. Plus, I love the fact that NePA provides more than enough CLEs each year to maintain my certification. What made you decide to join the board? I was interested in joining the board for a while; however, work and family obligations made it difficult until last year. Additionally, as a CP, I was considered an Active member by NALA, but not by NePA; rendering me ineligible for a board position until I made the job change to Regulatory Compliance a couple of years ago. Thankfully, recent changes to the NePA By-laws now mirror NALA’s definition of an Active member. What has been the greatest benefit of being a member of NePA? The greatest benefit of being a member of NePA is the opportunity to interact with and learn from other paralegals. What advice do you have for those looking to enter the paralegal field? Enroll in an ABA-approved Paralegal program. Have an open mind and take as many different courses as you can – you never know where your interests and talents can take you until you push past your comfort zone. If you haven’t already, join NePA. Building professional and personal relationships with members of an organization dedicated to the success of paralegals is invaluable. What is/was your favorite job? In my current role, I respond to inquiries/subpoenas from regulatory agencies across the nation. My favorite aspect of this role is that every day is different. Depending on the regulatory agency and the reason they are requesting information, each request is a different puzzle that needs to be examined and then put together in just the right way. Constantly being challenged in this way keeps me engaged in my work day-to-day. What is one of your professional weaknesses that you struggle to overcome? I constantly struggle with overcoming my introverted tendencies. The importance of building professional and personal relationships outside of one’s immediate vicinity cannot be overstressed. It is one of the reasons I made the decision to serve on the board. The opportunity to work toward a common goal with so many intelligent and hardworking paralegals is a great motivator to step out of my shell – so to speak.


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GETTING TO KNOW YOUR OFFICERS – ANGEL YOUNGER, ACP How did you end up in the paralegal field? My high school counselor sent me to College of Saint Mary for a visit. I was really interested in the 4 year paralegal program because at the time it was the only bachelor’s degree program in the region. I was always interested in the law so it made sense, plus, I would get to move out and have some freedom (since freshmen were required to live in the dorms). How did you become involved in NePA?

I didn’t get involved in NePA until I started at Kutak Rock LLP in 2006. My supervisor and mentor, Ann Atkinson, invited me to a luncheon. I was immediately hooked and have attended almost every event since I joined. I love the variety of CLE and all the amazing paralegals I have met in the last 13 years. What made you decide to join the board? I was always interested in being on the board but was scared. When the NALA Liaison position came open I went for it. I really enjoy being part of the board and working with the other board members. What has been the greatest benefit of being a member of NePA? Meeting all of the amazing people that attend our events. I have earned a ton of CLE credits attending events that I really enjoy. What advice do you have for those looking to enter the paralegal field? I would make sure you get as much paralegal education as you can, including your CP designation. It will help your resume stand out from the rest. I would also try to attend as many NePA events as you can so you build a network of contacts. What is/was your favorite job? My current job! I never thought I would be a Public Finance Paralegal. I didn’t even know what Public Finance was when I applied but I’m glad I took a risk. I work with some really great people. My firm supports my attendance at NePA events and allows me to grow as a paralegal. What is one of your professional weaknesses that you struggle to overcome? Public Speaking. I absolutely hate speaking in front of people but I really wish it didn’t bother me. Maybe someday. Luckily, I don’t have to do this for my current job.


NEBRASKA. THERE’S NO BETTER PLACE TO THRIVE

Gavilon is a proud sponsor of the Nebraska Paralegal Association!

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WIND FARMS

Speaker: David Levy, Partner Baird Holm LLP

March 27, 2019 Cost: Member $12 Non-member $17

Anthony's Steakhouse 7220 F. Street Omaha, NE 68127 11:00-11:30 Networking 11:30-12:30 Education & Lunch Register at http://nebraskaparalegal.org by March 22nd


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TARGET PRACTICE FOR LEGALESE Any lawyer will often want real people, nonlawyers, to understand what the lawyer is trying to say. As a good first step, you can reduce your use of legalese and write in Plain English, or at least Plainer English. You can eliminate or think twice about using some words and phrases that only lawyers use. Many of these words and phrases are verbose, archaic, pompous, weird, or just difficult to understand. They add little or no value. They don’t help communicate. They block communication. The table below presents, in the first column, some legalistic phrases and words that contribute to incomprehensibility in legal writing. The second column of the table offers substitute language, translation of legalese into English. The second column also includes some comments in parentheses. This collection does not purport to be complete, new, or authoritative. It just reflects one person’s thoughts and experiences. Your mileage may vary. Comprehensibility and clarity matter more than blind adherence to rules. If one of these suggested changes might create confusion or sound wrong, don’t make it. Just ignore the suggestion. Ultimately all of this is a matter of taste. Copyright (C) 2018 Joshua Stein (www.joshuastein.com). All rights reserved. This material originally appeared in ALI CLE’s The Practical Lawyer, February 2018 (WWW.ALI-CLE.ORG/PERIODICALS), and is reprinted with consent.

LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

A period of seven (7) days

Seven days (no need to say “a period of,” and no need to repeat numbers)

After its receipt of

After it receives

And/or

“Or” (perhaps with a single statement in the Interpretation section near the end that “or” includes “and,” as it ordinarily would in the English language)

Annexed hereto; attached hereto, and made a part hereof as if set forth verbatim

(These phrases typically accompany references to exhibits to documents. They add nothing. Delete.)

Any and all, any or all

Any

Applicable

(If it’s not applicable don’t discuss it. Adding the word “applicable” doesn’t add anything.)

Are hereby acknowledged and agreed by the parties

The parties acknowledge and agree (or just say whatever it is they acknowledge and agree; you don’t need the buildup even if it’s a really important

As hereinafter defined

(Say once at the beginning that the document may use terms before defining them, or trust the reader to find the definition—it’s either above or below so


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TARGET PRACTICE FOR LEGALESE CONTINUED LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

As may be otherwise expressly provided in this Lease

As this Lease otherwise states

As per

(Don’t use this phrase. It sounds like the IRS. Express the concept in some other way.)

As required by this Lease

As this Lease requires

As to

On, for

Ascribable

(This is just an awful word. Use something else.)

At the same time

When

At this point in time (or “currently”)

Now (or don’t say anything)

Certain

Some, the

Commence

Start

Cost and expense

Expense

Covenant

Agree

Desires, is desirous of

Wants

During

In

Each and every

Every

Endeavor

Try

Enter into

Sign

Except if

Unless

Excluding

Except

Exhibit A attached hereto and by this reference made a part hereof as if set forth in full

Exhibit A


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TARGET PRACTICE FOR LEGALESE CONTINUED LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

Expressly

(Usually adds nothing. Delete.)

For the avoidance of doubt

(Cut. Rewrite it in a way that eliminates any doubt.)

For the purpose of

To

Foregoing, the

(Usually this word suggests laziness. Rework to avoid the need for the word.)

Furnish

Give

Give notice

Notify

Here- (any word starting with “here,” such as “hereunder”)

(Use ordinary English words that do the job, and

If and only if

If

If any

Any

Impact

(It’s a noun. Don’t use it as a verb.)

In connection with

For

In excess of

More than

In exchange for good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties

(Instead, say somewhere in miscellaneous provisions: “Each party acknowledges it has received adequate consideration for this Agreement to bind

In no event

Shall not

In order to

To

In the event that

If

IN WITNESS WHEREOF

(This is weird and archaic, but acceptable, only because everyone expects to see it just before the signatures of a document. The phrase “WITNESSETH” before recitals does not receive a


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TARGET PRACTICE FOR LEGALESE CONTINUED LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

Include without limitation

Include (and maybe say once, somewhere appropriate, that it means “without limitation”)

It is hereby covenanted and agreed that

(Say nothing. Everything in the document reflects whatever the parties agreed.)

Make payment

Pay

Multiplied by

Times

Need to

Must

Not include

Exclude

Notwithstanding anything to the contrary in this Agreement

Notwithstanding anything in this Agreement (but the whole concept suggests laziness in writing— instead, make the entire Agreement consistent so you don’t need to say which provisions might supersede other provisions—someone might read only those other provisions and believe them)

Null, void, and of no force or effect

Null and void

On account of

Because of

On behalf of

For

Other than

Except (not a major improvement, but a little bit shorter; shortness is good)

Preceding

Earlier, prior, previous

Presently

Now

Prior to

Before (except when referring to priority of interests in real property)

Provide

State

Provided, however, that…

(Don’t use. Can mean any number of things. Particularly don’t use as all-purpose glue for run-on sentences. State the general proposition. Then state any exceptions, provisos, and clarifications separately and clearly in separate sentences or paragraphs.)


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TARGET PRACTICE FOR LEGALESE CONTINUED LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

Pursuant to

Under

Regardless of whether

Even if

Retain

Keep

Said

That, the

Same

“It” or “that”

Satisfy

Meet

Shall

(Often superfluous or confusing. For example: “If the house shall burn down.” An ordinary person would say “If the house burns down.”)

Shall be binding upon and inure to the benefit of

Shall bind and benefit

Shall mean

Means (for defined terms)

Shall not receive any

Shall receive no

Sole and exclusive

(Delete if unnecessary, otherwise just “sole” or just “exclusive.”)

Subject and subordinate

Subordinate

Subsequent to

After, later

Such (in the sense of “the,” “that,” or “those”)

“That,” “the,” “it”

Suffer

(If you mean “incur,” say so; it’s shorter. If you mean “permit” or “allow,” say so; it’s less archaic and

That certain

The

The following

These

The former, the latter

(Figure out another way to say.)


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TARGET PRACTICE FOR LEGALESE CONTINUED LAWYERLY PHRASE

TRANSLATION TO ENGLISH (AND COMMENTS)

The parties to this Agreement

The parties

The provisions of the regulations

The regulations

The purpose of the document

The document’s purpose

The terms herein/the terms set forth in X Agreement

This Agreement/X Agreement

The terms of the Agreement

The Agreement

There- (any word starting with “there,” such

(Use ordinary English words that do the job.)

There are, there is

(Rework the sentence to avoid use of verb “to be.”)

To be

(Try to avoid, in favor of more active verbs where possible and graceful.)

Unless and until

(Consider replacing with just “unless” or just “until,”

Unless otherwise expressly agreed in writing

(Do you really need to say? The parties can always

Upon

On

WITNESSETH

(Say something else, e.g., “The parties enter into this Agreement based on these circumstances.”)

“When and as,” “when and if”

(Consider replacing with just one of those words, as

Where- (any word starting with “where,”

(See “There”)

With respect to

For, on, from, under

JOSHUA STEIN is among the most prolific contributors to ALI CLE’s The Practical Real Estate Lawyer and a frequent contributor to The Practical Lawyer. For more information, visit www.joshuastein.com. Copyright © Joshua Stein 2018. The author acknowledges with thanks the helpful contributions to this article made by Robert G. Harvey; Alfredo R. Lagamon, Jr., of Ernst & Young LLP; Jeffrey Marsilio; and Donald H. Oppenheim. Please direct any comments or questions to the author at Joshua@joshuastein.com.


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JUSTICE KAVANAUGH RAISES QUESTIONS ABOUT OVERRULING PRECEDENT

Brett Kavanaugh, U.S. Supreme Court associate justice nominee for President Donald Trump, is sworn in during a Senate Judiciary Committee hearing in Washington, D.C. Photo: Saul Loeb/Pool via Bloomberg

"The question is how we figure out what the compelling reason is, and that's very difficult," Kavanaugh said at oral

arguments Wednesday. "Is it enough, for example, if we think it's egregiously wrong and the prior decision has severe practical consequences?" U.S. Supreme Court justices engaged in a discussion Wednesday on the hot-button issue of when and whether the court’s precedents should be overturned—a question that figured in Justice Brett Kavanaugh’s confirmation hearing last year. U.S. Supreme Court justices engaged in a discussion Wednesday on the hot-button issue of when and whether the court’s precedents should be overturned—a question that figured in Justice Brett Kavanaugh’s confirmation hearing last year. The colloquy came as the court heard arguments in Franchise Tax Board of California v. Hyatt, one of three cases so far this term in which litigants are asking the justices to overturn precedents of varying strength and vintage. Each may turn out to be a test of fealty to precedent or stare decisis for Kavanaugh and other justices. At his confirmation hearing last September, Kavanaugh said, “A judge must interpret the Constitution as written, informed by history and tradition and precedent.” He also described Roe v. Wade as “settled law as a precedent entitled to respect.” In Wednesday’s case, California is asking the high court to overturn a much more obscure precedent: Nevada v. Hall, a 1979 decision that permits a state to be sued in another state’s courts without consent. Gilbert Hyatt, a Nevada resident who got into a tax dispute in California, sued the California board in Nevada. The justices again seemed split Wednesday, though one side or the other will win this time, because it is now a ninejustice court. Seth Waxman of Wilmer Cutler Pickering Hale and Dorr argued for California that the precedent should be overturned, while Erwin Chemerinsky of the University of California, Berkeley School of Law urged the justices to leave Nevada alone.


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OVERRULING PRECEDENT CONTINUED “There’s no compelling reason for overruling this precedent,” Chemerinsky told the justices. “There’s a 40-year-old precedent, and this court has made clear that it will overrule stare decisis only if there’s a compelling reason.”

figure out what the compelling reason is, and that’s very difficult … Is it enough, for example, if we think it’s egregiously wrong and the prior decision has severe practical consequences and there’s no real reliance interest at stake? Is that enough?”

The case has been before the court twice before, the last time being in 2016 after Justice Antonin Scalia died when the court divided 4-4 on whether Nevada should be overturned.

Kavanaugh continued: “How to apply that to a particular case is hard, but what I just said in terms of egregiously wrong, severe practical consequences, no real reliance, is that enough in your view to overrule?”

Justice Samuel Alito Jr. asked Chemerinsky: “The doctrine of stare decisis serves many valuable pur- Chemerinsky responded: “I think egregiously poses. So which ones would you say most strongly wrong, no practical consequence to overruling precsupport your argument here?” edent, certainly go a long way to indicating there is a compelling reason for doing so.” Without hesitation, Chemerinsky answered, “Adherence to precedent promotes stability, pre- For his part, Waxman invoked comity and the imdictability, and respect for judicial authority … This portance of state sovereignty as factors that make court overturning its own precedents inherently un- it clear that states can’t be hauled into the courts of dermines that respect for judicial authority.” other states. Justice Stephen Breyer agreed. “It’s like a little chink in an armor, and because lawyers have to use our cases to talk to clients, and the client doesn’t like what he’s hearing [asks,] ‘Can we do anything about it, whatever the field?’ And the more cases we overrule, the harder it is for the lawyer to say no.”

“The power to subject sovereign treasuries to judgments of other sovereigns’ courts is very much the power to destroy,” Waxman said. “As to stare decisis, this really is a case where [Nevada v.] Hall is a ‘survivor of obsolete constitutional thinking’” and should be overturned.

2019 edition of the “In Brief”© 2019 ALM Media Chemerinsky agreed, but then Alito spoke again. Properties, LLC. All rights reserved. Further duplica“Do you think that the public would have greater tion without permission is prohibited, contact 877respect for an institution that says, you know, 257-3382 or reprints@alm.com. ‘We’re never going to admit we made a mistake, because we said it and we decided it,’ … or an institution that says, ‘Well, you know, we’re generally going to stick to what we’ve done, but we’re not perfect … and we think we made a big mistake, we’re going to go back and correct it.’” Overturning precedent is acceptable in some instances, Chemerinsky said, but he insisted that “precedent should be overruled only where there is a compelling reason for doing so.” Kavanaugh, who seemed most troubled about when to overrule precedents or not, interjected: Justice Samuel Alito speaking at the Federalist Society 2016 National Lawyers Conven“The question is how we tion. Photo: Federalist Society


Spring Seminar

Mahoney State Park, Ashland, NE April 12, 2019 **Up to 5 hours of CLE, including 1 hour of Ethics

Mahoney State Park 28500 W Park Highway Ashland, NE

Cost: Members: Free Student Members - $20.00 Non-Member: $55.00 Honorary Members: $20.00 Visit the NePA Website www.nebraskaparalegal.org for Registration Information


Schedule 8:00-8:25am 8:25-8:30am 8:30-9:30am 9:30-9:45am 9:45-10:45am

10:45-11:45am 11:45am-12:45pm 12:45-1:45pm 1:45-2:00pm 2:00-3:00pm

3:00-3:15pm 3:15-4:15pm

4:15-4:30pm

Registration Opening A Tragic End: When Trademarks Become Generic & How to Protect Against It (Speaker: Sean T. Nakamoto, Baird Holm, LLP) Break Ethics - Hot Topics in Legal Malpractice (Speaker: Mark A. Weber, Nebraska Supreme Court, Counsel for Discipline & The Unauthorized Practice of Law) Membership Meeting Lunch Criminal Defense Session (Speaker: Jim McGough - McGough Law P.C., L.L.O.) Break Cyber Puzzles in the 1st, 4th, and 5th Amendments (Speaker: Gus Hurwitz, University of NE College of Law, Assistant Professor of Law & Co-Director Space, Cyber & Telecom Law Program) Break Hacked: True Stories of Data Breaches & Legal Requirements When Dealing with Them (Speaker: Nathan T. Burkman, Koley Jessen) Close


NEBRASKA PARALEGAL ASSOCIATION

NOTICE OF MID-YEAR MEMBERSHIP MEETING The Nebraska Paralegal Association will hold its Mid-Year Membership Meeting for all members on Friday, April 12, 2019, commencing at 10:45 a.m., in conjunction with the 2019 Mid-Year Membership Meeting and Spring Seminar. The meeting will be held at Eugene T. Mahoney State Park, 28500 West Park Hwy, Ashland, Nebraska 68003. Items to be considered at the meeting include: Approval of membership applications (if any), review of officer and committee reports, proposed budget amendments (if any), proposed amendments to the By Laws (if any), nomination for NALA Affiliates Award, and discussion of other new and old business. If you are an Active Member, please complete the enclosed Proxy and return it to the undersigned via email or First Class mail no later than Friday, April 5, 2019, to ensure that a quorum is present.

Dated this 1st day of February, 2019.

/s/ J.C. Tuck

NePA – Proxy Attn: J.C. Tuck, Secretary PO Box 24943 Omaha, Nebraska 68124 jctuck00@gmail.com


ACTIVE MEMBERSHIP PROXY I, , hereby constitute and appoint the following individual as my true and lawful proxy, to take part in the transaction of any and all business as may properly come before the meeting hereinafter described, as fully as if I were personally present:

Please choose O N E of the following options: I permit this Proxy to be assigned to any NePA voting member present at the meeting to use his or her discretion in voting on issues presented. I designate the following individual as my true and lawful proxy: Name of Proxyholder: Address: NOTE: Please send a copy of this Proxy to the designated Proxyholder. (1)

Unless otherwise indicated, this Proxyholder may use his or her discretion Yes No in voting on issues:

(2)

If the above-named Proxyholder is not present at the meeting, please indicate if you permit this Proxy to be assigned to any NePA voting member: Yes No

The above Proxy is given for use at the Mid-Year Membership Meeting of the Nebraska Paralegal Association to be held on Friday, April 12, 2019, at Eugene T. Mahoney State Park, 28500 West Park Hwy, Ashland, NE 68003. If the undersigned is present at said meeting, this Proxy shall be null and void. Dated:

Signature of Member giving Proxy Printed Name: Address:

PLEASE SEND THIS PROXY NO LATER THAN FRIDAY, APRIL 5, 2019. BY MAIL: NePA – Proxy ATTN: J.C. Tuck, Secretary PO Box 24943 Omaha, Nebraska 68124

BY EMAIL: J.C. Tuck, Secretary jctuck00@gmail.com Please include “NePA Proxy” in Subject line.

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In Brief - February 2019  

This is the e-zine of the Nebraska Paralegal Association (NePA).

In Brief - February 2019  

This is the e-zine of the Nebraska Paralegal Association (NePA).

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