1
COLLEEN E. MEDILL
University of Nebraska College of Law
1875 N. 42
nd
Street, P.O. Box 830902
Lincoln, Nebraska 68583-0902
cmedill2@unl.edu (preferred contact method)
EDUCATION
UNIVERSITY OF KANSAS SCHOOL OF LAW, J.D. (1989)
•Class Rank: 1st
•Order of the Coif
•Articles Editor, Kansas Law Review
•C.C. Stewart Award for Scholarship (awarded to the outstanding graduate by the faculty)
•Robert A. Schroeder Scholarship (three year full-tuition merit scholarship)
UNIVERSITY OF ILLINOIS (FALL 1985)
•Graduate student in Quantitative International Relations
•Recipient of a National Science Foundation Fellowship
UNIVERSITY OF KANSAS, B.A. IN ECONOMICS AND POLITICAL SCIENCE (1985)
•Graduated With Highest Distinction with Honors in Political Science
•Phi Beta Kappa
•Class of 1913 Award (awarded annually to two outstanding graduates of the College of Liberal Arts
and Sciences)
•Hilltopper Award (awarded annually to seven graduating seniors in recognition of leadership and
service to the University and the Lawrence, Kansas community)
EXPERIENCE
UNIVERSITY OF NEBRASKA COLLEGE OF LAW, LINCOLN, NEBRASKA 2004 - present
•Robert and Joanne Berkshire Family Professor of Law (2013-present)
•Director, College of Law Undergraduate Academic Programs (2019-present)
•Warren R. Wise Professor (2008-2012)
•Professor (2005-2008)
•Associate Professor (2004-2005)
•Courses: Employee Benefits Law, Property I and II, Real Estate Transactions, Wills & Trusts
KOLEY JESSEN PC, LLO, OMAHA, NEBRASKA 2014-2019
•Of Counsel to the Labor and Employment Practice Group
•Practice focused primarily on tax, regulatory compliance, litigation, and corporate transaction issues
concerning retirement and welfare benefit plans subject to ERISA and Chapter 400 of the Internal
Revenue Code
THE UNIVERSITY OF TENNESSEE COLLEGE OF LAW, KNOXVILLE, TENNESSEE 1997 - 2004
•Professor (2003-2004)
•Associate Professor (1997-2002)
•Courses: Employee Benefits Law; Property; Gratuitous Transfers, Wealth Transfer Tax
STINSON, LLP, KANSAS CITY, MISSOURI 1990 - 1997
•Associate Attorney
•Practice focused primarily on tax, regulatory compliance, litigation, and corporate transaction issues
concerning retirement and welfare benefit plans subject to ERISA and Chapter 400 of the Internal
Revenue Code
THE HONORABLE DEANELL REECE TACHA, UNITED STATES COURT OF APPEALS 1989 - 1990
•Law Clerk
AWARDS
•One of three finalists selected by the College of Law students for the Distinguished
Teaching Award
•Professor of the Year Award (2021) (voted by the students)
•John H. Binning Award for Excellence (2020)
•Professor of the Year Award (2020)
•Selected for inclusion in The Best Lawyers in America
™
2020 in the field of ERISA Litigation
•University of Nebraska Outstanding Teaching and Instructional Creativity Award (2018)
•University of Nebraska John E. Weaver Award for Teaching Excellence (2017)
•Bunger Memorial Award for Excellence (2016)
•Schmoker Faculty CLE Grant (2014-2015)
•Professor of the Year Award (2014)
•Robert and Joanne Berkshire Family Professor of Law (2012-present)
•Warren R. Wise Professor of Law (2008-2012)
•Hevelone Research Professor (2008-2009)
•Professor of the Year Award (2008)
•Distinguished Faculty Award, University of Nebraska College of Law Alumni Council (2007)
•Cline Williams Research Professor (2005-2006)
•One of ten finalists for The University of Tennessee National Alumni Association Outstanding
Teacher Award (2002)
•Winner of the Labor and Social Welfare Policy Category for the 2002 Stanford/Yale Junior Faculty
Scholarship Forum
•The University of Tennessee College of Law: Marilyn V. Yarbrough Faculty Award for Writing
Excellence (2001)
•The University of Tennessee College of Law Harold C. Warner Outstanding Teacher Award (2000)
•The University of Tennessee College of Law W. Allen Separk Faculty Scholarship Award (2000)
PROFESSIONAL MEMBERSHIPS AND ACTIVITIES
•Member of the Bars for Nebraska (since 2015-inactive), Kansas (since 1989-inactive), Missouri
(since 1990-inactive), and Tennessee (since 1997-inactive)
•Big 10 Academic Leadership Program (2021-2022)
•University of Nebraska Faculty Leadership in Academia: From Inspiration to Reality (FLAIR)
Program (2020)
•Graduate of the University of Nebraska Summer Institute for Online Teaching (2020)
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•United States Dept. of Labor, Advisory Council on Welfare and Pension Benefit Plans, Appointed
Member (2017-2019) (see below for description of activities)
•American College of Employee Benefits Counsel, Elected Fellow (since 2014)
•American Law Institute, Elected Member (since 2006)
•Association of American Law Schools, Section on Women in Legal Education
Executive Committee Member (2011)
Chair, Program Planning Committee for 2012 Annual Meeting (2011)
Chair, Mentoring Committee (2009-2011)
Member of the Subcommittee on Mid-Year Meeting Proposal (2009)
Webmistress for the Section’s Mentoring Program database (2009-2013)
•Association of American Law Schools, Section on Property
Secretary (2011)
Executive Committee Member (2011)
•Association of American Law Schools, Section on Employee Benefits Law
Chair (2003-2004)
Executive Committee Member (2001-2003, 2009-present)
•American Bar Association, Member (since 1989)
Member of the Sections on Taxation, Labor and Employment Law, and Health Law
•Pension Rights Center, Washington, D.C., Conversation on Coverage Project, Member of Working
Group III (2004-2007)
•Tobin Project, Cambridge, Massachusetts, Member of the Working Group on Retirement Security
(2006-2008)
•Catholic Lawyers Guild of the Diocese of Lincoln, Member (since 2006)
Board of Directors (2013 - 2019)
BOOKS AND BOOK CHAPTERS AUTHORED
EXPERIENCING PROPERTY (West Academic forthcoming 2023) (with accompanying Teacher’s
Manual).
I am the sole author of this forthcoming textbook, which is part of West Academic’s Experiencing
series of law school textbooks. This series emphasizes the integration of doctrine and theory with applied
skills exercises in the classroom.
INTRODUCTION TO EMPLOYEE BENEFITS LAW: POLICY AND PRACTICE (West Academic Publishing
2004, 2007, 2010, 2014, 2018, forthcoming 2023) (with accompanying Teacher’s Manual and semi-annual
Student Supplemental Materials reflecting changes in the law)
I am the sole author of this textbook, which is the leading law school textbook in the field.
CONTEMPORARY PROPERTY (with Grant S. Nelson, Dale A Whitman, and Shelley Ross Saxer (West
Academic Publishing 2013, 2019) (with accompanying Teacher's Manual)
ACING PROPERTY (West 2009, 2012, 2022)
I am the sole author of this popular student study aid, which is also often used by new Property
faculty members to self-teach the subject before teaching their students. It is particularly strong in the
technical areas of the field (present and future interests, Rule Against Perpetuities, real estate transactions,
deed covenants and recording acts, servitudes, and takings for public use).
DEVELOPING PROFESSIONAL SKILLS: PROPERTY (West Academic Publishing 2011, revised and
expanded digital interactive version forthcoming 2023).
I am the creator of the Developing Professional Skills series by West Academic Publishing (see
listing below) and the sole author of the first book in the series on Property. The 2023 edition of Developing
Professional Skills: Property is in a digital interactive format that allows students to test their knowledge
through objective questions, prepare the work product required for each skills exercise, and self-assess their
own performance using rubrics and exemplars.
Enron and the Pension System, in ENRON: CORPORATE FIASCOS AND IMPLICATIONS (Foundation
Press 2004)
SERIES EDITOR AND CONSULTANT, DEVELOPING PROFESSIONAL SKILLS BOOK SERIES
DEVELOPING PROFESSIONAL SKILLS: BUSINESS ASSOCIATIONS (2012)
DEVELOPING PROFESSIONAL SKILLS: CIVIL PROCEDURE (2013)
DEVELOPING PROFESSIONAL SKILLS: CONTRACTS (2013)
DEVELOPING PROFESSIONS SKILLS: CONSTITUTIONAL LAW (2014)
DEVELOPING PROFESSIONAL SKILLS: BANKRUPTCY (2016)
DEVELOPING PROFESSIONS SKILLS: WORKPLACE LAW (2016)
DEVELOPING PROFESSIONS SKILLS: ENVIRONMENTAL LAW (2016)
DEVELOPING PROFESSIONAL SKILLS: SECURED TRANSACTIONS (2017)
DEVELOPING PROFESSIONS SKILLS: CRIMINAL PROCEDURE (2017)
DEVELOPING PROFESSIONS SKILLS: CRIMINAL LAW (2017)
DEVELOPING PROFESSIONS SKILLS: PROFESSIONAL RESPONSIBILITY (2017)
CURRENT SCHOLARLY WORKS-IN-PROGRESS
ERISA Group Health Plans and Health Inequities
Everyone talks about “health inequities” but solving this problem is complex. This
article explores the ways that federal laws governing private employer-sponsored group
health plans impact health inequities in minority populations and propose ideas for future
reforms.
Revisiting Fundamental ERISA Doctrines in a Chevronless World
The most basic precepts governing employer-sponsored retirement and health care plans
date back to 1975, when the Department of Labor (DOL) began issuing regulations to interpret
and enforce the Employee Retirement Income Security Act of 1974. Without judicial deference to
DOL interpretation of the statute, would the world of employee benefit plans change? What
would be the impact on employers and employees? This article explores possible answers to these
questions.
ARTICLES PUBLISHED IN LAW REVIEWS
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ERISA Subrogation After Montanile, 95 NEB. L. REV. 603 (2017) (selected by Tax Notes as one of
the top three most thought-provoking articles on employee benefits law written in 2017).
Regulating ERISA Fiduciary Outsourcing, 102 IOWA L. REV. 505 (2017) (selected by Tax Notes as
one of the top two most thought-provoking articles on employee benefits law written in 2017).
Comparing ERISA and Fair Labor Standards Act Claims Under the Affordable Care Act, 20 EMP.
RTS & EMP. POL'Y J. 173 (2016).
The Federal Common Law of Vicarious Fiduciary Liability Under ERISA,42 MICHIGAN JOURNAL
OF LAW REFORM 1 (2011) (lead article) (selected by Tax Notes as one of the ten most thought-provoking
articles on employee benefits law written in 2011).
The Retirement Distribution Decision Ten Years Later: Results from an Empirical Study, 16 ELDER
L. J. 295-332 (2008).
Transforming the Role of the Social Security Administration, 92 CORNELL L. REV. 323 (2007)
(invited submission for symposium issue).
Resolving the Judicial Paradox of “Equitable” Remedies Under ERISA Section 503(a)(3),
39 J. MARSHAL L. REV. 827-967 (2006) (invited submission for symposium issue).
Challenging the Four Truths of Personal Social Security Accounts: Evidence from the World of
401(k) Plans, 81 NORTH CAROLINA LAW REVIEW 901-975 (2003) (lead article).
Stock Market Volatility and 401(k) Plans, 34 MICHIGAN JOURNAL OF LAW REFORM 469-545 (2001).
Targeted Pension Reform, 27 JOURNAL OF LEGISLATION 1-68 (2001) (lead article).
The Individual Responsibility Model of Retirement Plans Today: Conforming ERISA Policy to
Reality, 49 EMORY LAW JOURNAL 1- 86 (2000) (lead article).
HIPAA And Its Related Legislation: A New Role For ERISA In The Regulation Of Private Health
Care Plans?, 65 TENNESSEE LAW REVIEW 485-510 (1998).
The Law of Directed Trustees Under ERISA: A Proposed Blueprint for the Federal Courts, 61
MISSOURI LAW REVIEW 825-876 (1996).
Comment, Title VII and the Age Discrimination in Employment Act: Should Partners be Protected as
Employees?, 36 KANSAS LAW REVIEW 581-609 (1988).
OTHER LEGAL PUBLICATIONS
How Do Conflicts of Interest Affect Benefit-Denial Claims Under ERISA?, 2008 PREVIEW U.S. SUP.
CT. CAS. 343-347 (previewing Metropolitan Life Insurance Co. v. Glenn) (invited submission).
How Readable Are Summary Plan Descriptions for Health Care Plans?, Employee Benefit Research
Institute, Notes (Oct. 2006) (with Wiener, Bornstein, and McGorty).
Are Constructive Trusts or Equitable Liens Available As Equitable Remedies Under Section
502(a)(3) of ERISA?, 2006 PREVIEW U.S. SUP. CT. CAS. 309 (previewing Sereboff v. Mid Atlantic Medical
Services, Inc.) (invited submission).
SELECTED PROFESSIONAL PRESENTATIONS
Invited Speaker, ERISA Group Health Plans and Health Inequities, Annual Meeting of the
Association of American Law Schools, Sections on Employee Benefits Law, Health Law and Minorities, Jan.
2023, San Diego, California.
Invited Speaker, Revisiting Fundamental ERISA Doctrines in a Chevronless World, 12
th
Annual
Employee Benefits Conference, Nov. 2022, Boston, Massachusetts.
Invited Speaker and Moderator, Teaching Tips for New Law Professors, hosted by West Academic
Publishing, June 22, 2022, online at https://www.youtube.com/watch?v=eMXMKv1Mdj8
Invited Speaker, DOL Enforcement Program for the Mental Health Parity and Addiction Equity Act,
Annual Meeting of the Nebraska State Bar Association, Oct. 2018, Omaha, Nebraska.
Invited Speaker, Health Care Reform in 2018: What’s Next?, Nebraska Judicial Education
Program, Feb. 2018, University of Nebraska College of Law.
Invited Speaker, Association Health Plans, Annual Meeting of the Association of American Law
Schools, Jan. 2018, San Diego, California.
Invited Speaker, Update: What’s In and What’s Out in Health Care Reform: What Every Attorney
Should Know About Health Law, Annual Meeting of the Nebraska State Bar Association, Oct. 2017, Omaha,
Nebraska.
Invited Speaker, Reinforcing Student Understanding of Substantive Property Law through Skills
Exercises, Jan. 2017, San Francisco, California (hosted by West Academic Publishing in conjunction with the
Annual Meeting of American Law Schools).
Invited Speaker, ERISA Subrogation After Montanile, Annual Meeting of the Nebraska Association
of Trial Attorneys (part of the Nebraska State Bar Association Annual Meeting), Oct. 2016, Papillion,
Nebraska.
Invited Speaker, Teaching Professional Skills in Doctrinal Courses: Managing Time/Substantive
Coverage Constraints and Assessing Student Performance, Experiential Innovation Summit:
Incorporating Skills Throughout the Law School Curriculum, July 2017, St. Paul, Minnesota (hosted by
West Academic Publishing).
Invited Presentation, Integrating (and Assessing) Lawyering Skills in the 1L Curriculum (with
Professors Paula Schaefer and Alex Long), Institute for Law Teaching and Learning National Conference,
June 2016, Topeka, Kansas.
Invited Speaker, Hot Topics in ERISA Litigation, Nebraska Defense Counsel Association Annual
Meeting, June 2016, Lincoln, Nebraska
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Invited Speaker, ERISA Litigation in the Federal Courts, Summer Education Program for Nebraska
Federal Law Clerks, June 2016, Omaha, Nebraska.
Invited Speaker, Emerging Employee Claims Under the Affordable Care Act, Joint Program co-
sponsored by the Section on Employee Benefits Law and Executive Compensation and the Section on Health
Law, Association of American Law Schools Annual Meeting, January 2016, Washington, D.C.
Invited Participant, Workshop on the Economics of Public Pensions, George Mason University
Law and Economics Center, Sept. 2015, Palo, Alto, California.
Invited Speaker, Assessment of Skills Exercises: Tips and Techniques for Time and Classroom
Management, Annual Meeting of the Southeastern Association of American Law Schools, July 2015, Boca
Raton, Florida.
Invited Speaker, New Developments Under the Affordable Care Act, University of Kansas School
of Law New Developments in the Law CLE Program, May 2015.
Invited Speaker, The Supreme Court and the Future of the Affordable Care Act, CLE Programs at
Omaha Bar Association, Madison County Bar Association, and the University of Kansas, April-May 2015.
Invited Speaker, The Supreme Court and the Future of the Affordable Care Act, Nebraska College of
Law STIR Talk Series, March 2015.
Invited Speaker, Implementing the Affordable Care Act: A Primer for the Non-Expert, College of
Law Mini CLE Program, Oct. 2014, North Platte and Kearney, Nebraska.
Invited Speaker, Determining "Fair Market Value" in Real Estate Transactions and Condemnation
Actions, College of Law Table for Ten Series, Sept. 2014, Lincoln, Nebraska.
Invited Witness, Testimony on Outsourcing of Fiduciary Responsibilities, ERISA Advisory Council,
United States Department of Labor, June 1014, Washington, D.C.
Invited Speaker and Panel Moderator, Social Insurance Programs Under Attack, Third
Annual ERISA, Benefits and Social Insurance Conference, Marquette University Law School,
March 2014, Milwaukee, Wisconsin.
Invited Speaker, Public and Private Employee Benefits In Turmoil, 2012 International Conference
for Law and Society, June 2012, Honolulu, Hawaii.
Invited Program Moderator, Tenth Annual Symposium on Employee Benefits Law, Center for Tax
Law and Employee Benefits, John Marshall Law School, April 2012, Chicago, Illinois.
Invited Speaker, ERISA Litigation in the Federal Courts, The William Matthew Byrne, Jr. Judicial
Clerkship Institute, Pepperdine University School of Law, March 2012, Malibu, California (co-sponsored by
the national Federal Judicial Center).
Invited Presenter, The New Revocable Property, Conference on Employee Benefits in an Era of
Retrenchment, Washington University Law School, March 2012, St. Louis, Missouri.
Invited Speaker, The Patient Protection and Affordable Care Act, Health, Law and Ethics Society,
March 2012, Lincoln, Nebraska.
Invited Program Moderator, An Objective Discussion of Public Sector Pension Plans, Joint Program
co-sponsored by the Section on Employee Benefits Law and Executive Compensation and the Section on
State and Local Government, Association of American Law Schools Annual Meeting, January 2012,
Washington, D.C.
Speaker, Integrated Skills Training for Law Students, University of Nebraska Faculty Forum, August
2011, Lincoln, Nebraska.
Invited Speaker, Teaching Skills and Professional Responsibility Concepts in Traditional Doctrinal
Courses, Innovation in Teaching Summit, August 2011, St. Paul, Minnesota (hosted by Thomson Reuters).
Speaker, Thoughts on Effective Teaching and Efficient Class Preparation, Faculty Brown Bag
Luncheon Series on Professional Development, University of Nebraska College of Law, July 2011, Lincoln,
Nebraska.
Invited Commentator, Association of American Law Schools, Workshop on Women Rethinking
Equality, June 2011, Washington, D.C.
Invited Speaker, ERISA Litigation in the Federal Courts, The William Matthew Byrne, Jr. Judicial
Clerkship Institute, Pepperdine University School of Law, March 2011, Malibu, California (co-sponsored by
the national Federal Judicial Center).
Invited Speaker, National Health Care Reform: A Post-Election Analysis, American Constitution
Society, November 2010, Lincoln, Nebraska.
Invited Speaker, Employee Health Care Benefits and ERISA Preemption, Association of American
Law Schools, Workshop on Work Law, June 2009, Long Beach, California.
Panel Organizer and Speaker, Merging the “Old” with the “New”: Community-Based
Collaborative Legal Research and Opportunities for Empirical Legal Studies, Annual Meeting of
the Southeastern Association of American Law Schools, July 2008, Palm Beach, Florida.
Invited Speaker, Retiree Perceptions and Decision-Making Concerning Longevity, Inflation, and
Investment Risk in the Early Years of the Post-Retirement Phase, Ninth Annual Joint Conference of the
Retirement Research Consortium, August 2007, Washington, D.C.
Invited Speaker, Improving Retirement Savings Through Retirement Financial Education: A “Best
Practices” Approach, Annual Meeting of the National Tax Association, November 2006, Boston,
Massachusetts.
Invited Speaker, ERISA and the Future of Health Care Reform, University of Missouri School of
Law, Faculty Colloquium Series, October 2006, Columbia, Missouri.
Invited Speaker, The Judicial Paradox of Equitable Relief Under ERISA, Center for Tax Law and
Employee Benefits, Fourth Annual Employee Benefits Symposium, John Marshall Law School, April 2006,
Chicago, Illinois.
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Invited Speaker, Roundtable on Law Review Publishing, Annual Meeting of the Southeastern
Association of American Law Schools, July 2005, Hilton Head, South Carolina.
Program Chair, Coverage of Reproductive Technologies Under Employer-Sponsored Health Care
Plans, Section on Employee Benefits Law, Association of American Laws Schools Annual Meeting, January
2004, Atlanta, Georgia (program published by the EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL,
vol. 8 (2004)).
Invited Speaker, Company Stock In 401(k) Plans and the Old-Fashioned Duty of Prudence, Panel on
Employee Stock Ownership After Enron, Section of Employee Benefits Law, Association of American Law
Schools Annual Meeting, January 2003, Washington, D.C. (program published by the EMPLOYEE RIGHTS
AND EMPLOYMENT POLICY JOURNAL, vol. 7 (2003)).
Invited Speaker, Stanford/Yale Junior Faculty Forum, Yale Law School, June 2002, New Haven,
Connecticut (presentation of scholarship work on proposed reform of the Social Security system).
Invited Speaker, Privatizing Social Security: A Closer Look, Kansas Insurance Institute, February
2002, Overland Park, Kansas.
Invited Speaker, What 401(k) Plans Teach Us About Privatizing Social Security, Kansas Governor’s
Conference on Aging, May 2001, Topeka, Kansas.
Invited Speaker, The Budget Process, Pension Tax Policy Cycles, and Pension Reform, Panel on Tax
Law Policy, Annual Meeting of the Southeastern Association of American Law Schools, August 2000,
Captiva Island, Florida.
Faculty Forum, Saving Social Security Through Targeted Pension Reform, University of Tennessee
College of Law, June 2000.
Invited Speaker, Preventive Medicine for Employee Benefit Plans, Eighth Annual Tennessee
Corporate Counsel Institute, May 2000, Memphis, Tennessee.
Student Forum, What Should Be The Role Of Individual Responsibility For Retirement
Income Security?, University of Tennessee College of Law, February 1999.
Invited Speaker, Employer Fiduciary Liability for Participant Retirement Savings Education and
Investment Advice, Sixth Annual Tennessee Corporate Counsel Institute, October 1998, Kingsport,
Tennessee.
Invited Speaker, Redesigning Federal Retirement Laws For An Age Of Individual Responsibility,
Young Scholars Workshop, Annual Meeting of the Southeastern Association of American Law Schools, July
1998, Marco Island, Florida.
Faculty Forum, Participant Retirement Savings Education and Investment Advice Under ERISA,
University of Tennessee College of Law, July 1998.
Invited Speaker, Panel on Costs of Litigation and Access to the Federal Courts, Tenth Circuit
Judicial Conference, July 1996, Aspen, Colorado.
UNITED STATES DEPT. OF LABOR, ADVISORY COUNCIL ON WELFARE AND PENSION BENEFIT
PLANS, APPOINTED MEMBER REPRESENTING THE GENERAL PUBLIC (2017-2019)
Note: Council Members research and write the reports produced by the Council without secretarial or
research assistance. Members of the Council with a talent for research, analysis, and writing are rewarded
with primary drafting responsibility under the principle of “no good deed goes unpunished.”
2017 COUNCIL REPORTS:
MANDATED DISCLOSURE FOR RETIREMENT PLANS - ENHANCING EFFECTIVENESS FOR
PARTICIPANTS AND SPONSORS
REDUCING THE BURDEN AND INCREASING THE EFFECTIVENESS OF MANDATED DISCLOSURES
WITH RESPECT TO EMPLOYMENT-BASED HEALTH BENEFIT PLANS IN THE PRIVATE SECTOR
These 2017 reports resulted in a new proposed regulation by the Department of Labor, Default
Electronic Disclosure by Employee Pension Benefit Plans under ERISA, 84 Fed. Reg. 56894 (Oct. 10,
2019). The Department of Labor described the contributions of the 2017 Council to the promulgation of
this new regulation as follows:
The ERISA Advisory Council (the Advisory Council) has repeatedly made
recommendations to the Department concerning possible changes to the electronic
delivery rules for ERISA disclosures. Most recently, in its November 2017 report, the
Advisory Council recommended that to ease burdens on plans and improve
understandability for participants, an ideal disclosure protocol would implement both
paper and electronic delivery.43 In making its recommendation, the Advisory Council
cited to witness testimony that a majority of participants do not read paper documents
sent to them, and participants who do read the documents find them difficult to
understand, noting that “SPDs were becoming increasingly detailed and using legalistic
language to mitigate the litigation risks.” The Council also noted that home internet and
computer use for adults over age 50, individuals with less than $25,000 in annual income,
those without a college degree, and those living in rural areas is lower than for other
demographic groups. The Council further recommended that a new disclosure called a
“Quick Reference Guide” could be distributed annually to participants that would provide
answers to basic questions about the plan.
2018 COUNCIL REPORTS
LIFETIME INCOME SOLUTIONS AS A QUALIFIED DEFAULT INVESTMENT ALTERNATIVE (QDIA)
– FOCUS ON DECUMULATION AND ROLLOVERS
EVALUATING THE DEPARTMENT’S REGULATIONS AND GUIDANCE ON ERISA BONDING
REQUIREMENTS AND EXPLORING REFORM CONSIDERATIONS
2019 COUNCIL REPORTS
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BEYOND PLAN AUDIT COMPLIANCE: IMPROVING THE FINANCIAL STATEMENT AUDIT
PROCESS
VOLUNTARY TRANSFERS OF UNCASHED CHECKS FROM ERISA PLANS TO STATE
UNCLAIMED PROPERTY PROGRAMS
Proposing a solution to the problem of uncashed pension checks was a fascinating intellectual
challenge with enormous potential real-world impact. Using my background in both property law and
ERISA, I was able to teach the rest of the Council how state unclaimed property systems work, the fiduciary
responsibilities of the administrator of the system, and how these systems are potentially consistent with the
ERISA fiduciary responsibilities of plan administrators to ensure participants receive their benefits while
reasonably controlling the expenses of operating the plan. This Council Report has generated extensive
media coverage in the employee benefits industry due to the significant amount of dollars involved.
As an interesting side note, I incorporated this material into my class coverage of “lost and found”
property during the Fall 2019 semester. A single-parent student, whose mother had recently died, checked the
Nebraska unclaimed property fund site and found $30,000 that had been left unclaimed by her deceased
mother. She told me later that having this extra $15,000 in cash (she had to share the funds with her brother)
gave her enormous peace of mind when the world went crazy in March of 2020. This is my best counter-
anecdote when other faculty members complain that it is impossible to combine teaching, service, and
scholarship. In my experience, being a “decathlete” pays dividends (literally).
RESEARCH GRANTS
Principal Investigator, Retiree Perceptions and Decision-Making Concerning Longevity, Inflation,
and Investment Risk in the Early Years of the Post-Retirement Phase, funded by the Center for Retirement
Research, Sandell Grant Program (2006-2007) ($30,000).
Co-Principal Investigator, An Empirical Analysis of Summary Plan Description Language (with
Richard Weiner and Brian Bornstein), funded by The Commonwealth Fund and the Employee Benefit
Research Institute (2005-2006) ($20,000).
EXPERT WITNESS TESTIMONY AND CONSULTING
Expert witness for the plaintiffs in the case of BP Corporation North America Inc. Savings Plan
Investment Oversight Committee v. Northern Trust Investments, N.A., Case No. 08CV6029 (filed N.D.
Ill.2008).
Consultant for the defendant in the case of Curtis v. Alcoa Inc., Case No. 3:06-CV-448-TJM
(filed E.D. Tenn. 2008).
Expert witness for the plaintiffs in In re Weirton Steel Corporation Retirement Plan
(administrative appeal before the Pension Benefit Guaranty Corporation, filed 2005).
Expert witness for the defendant in the case of In re Electronic Data Systems Corp. Securities
Litigation, Case No. 6:03-MD-1515, Lead Case No. 6:03-CV-110 (filed E.D. Texas 2004).
UNIVERSITY OF NEBRASKA AND COLLEGE OF LAW COMMITTEES AND OTHER SERVICE
2022-2023 •Director, College of Law Undergraduate Academic Programs (Nebraska Honors and
College of Business Law and Business Major)
•Member, College of Law Faculty Appointments Committee
•Member, College of Law Long Range Planning Committee
•Nebraska Honors Program Faculty Fellow in Law
•Member, Nebraska Honors Strategic Visioning Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisory, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
2021-2022 •Director, College of Law Undergraduate Academic Programs (Nebraska Honors and
College of Business
•Chair, President’s Faculty Excellence Awards Committee (responsible for selecting recipients
of the University of Nebraska Outstanding Teaching and Instructional Creativity Award)
•Member, Executive Vice Chancellor’s Peer Review of Teaching Task Force
•Member, College of Law Faculty Appointments Committee
•Member, College of Law DEI Appointments Committee
•Member, College of Law Long Range Planning Committee
•Member, College of Law Adjunct Faculty Teaching Review Committee
•Nebraska Honors Program Faculty Fellow in Law
•Member, Nebraska Honors Strategic Visioning Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisory, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
2020-2021 •Director, College of Law Undergraduate Academic Programs (Nebraska Honors and
College of Business) (successfully navigated the multiple levels of institutional and State of
Nebraska requirements to obtain approval for a new Business and Law Major in the College
of Business, with the four “core” courses taught by College of Law faculty)
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•Chair, President’s Faculty Excellence Awards Committee (responsible for selecting recipients
of the University of Nebraska Outstanding Teaching and Instructional Creativity Award)
•Member, Executive Vice Chancellor’s Peer Review of Teaching Task Force
•Member, College of Law Long Range Planning Committee
•Member, College of Law Strategic Planning Implementation Working Group
•Nebraska Honors Program Faculty Fellow in Law
•Member, Nebraska Honors Strategic Visioning Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisory, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
2019-2020 •Director, College of Law Undergraduate Academic Programs (Nebraska Honors and
College of Business) (charged with developing and implementing a strategy to turn the Business
and Law Minor at the College of Business into a Major)
• Member, College of Law Long Range Planning Committee (Note: With the COVID-19 outbreak
in March of 2020, this Committee became the COVID Strategic Planning Committee, which
met every week over the Summer of 2020 to figure out how to operate the College of Law under
the social distancing requirements established by the University of Nebraska Medical Center)
•Member, Dean’s Ad Hoc Committee on Grading System for Spring 2020 Courses
•Member, President’s Faculty Excellence Awards Committee (responsible for selecting up to two
recipients of the University of Nebraska Outstanding Teaching and Instructional Creativity Award)
•Member, Executive Vice Chancellor’s Peer Review of Teaching Task Force
•Member, College of Law Strategic Planning Implementation Working Group
•Member, College of Law Pro Bono Committee
•Member, College of Law Grade Appeal Committee (resolved three student appeals)
•Nebraska Honors Program Faculty Fellow in Law
•Member, Nebraska Honors Strategic Visioning Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisory, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
2018-2019 •Charged with overseeing the ongoing development of the new Business and Law Minor at the
College of Business
•Faculty Supervisor, Federal Judicial Externship Program
•Member, College of Law Long Range Planning Committee
•Member, College of Law Mission and Values Subcommittee for Strategic Planning
•Member, Adjunct Faculty Teaching Review Committee
•Nebraska Honors Program Faculty Fellow in Law
•Member, Nebraska Honors Program Strategic Visioning Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisor, Saint Thomas More Society
2017-2018 •Charged with creating a new Business and Law Minor at the College of Business
•Member, Untenured Faculty Teaching Review Committee
•Faculty Supervisor, Federal Judicial Externship Program
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisor, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
2015-2017 •Chair, Ad Hoc Committee on New ABA Standards 314 & 315 (successfully created and
obtained faculty approval of institutional learning outcomes along with quantitative measures
of progress/compliance in anticipation of a Spring 2017 ABA accreditation site review)
•Member, Untenured Faculty Teaching Review Committee
•Faculty Supervisor, Federal Judicial Externship Program
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisor, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
•Faculty Advisor, Nebraska Real Estate Law Society
2012-2015 •Chair, Curriculum Committee (successfully implemented new joint degree programs
with the University of Nebraska-Omaha (J.D./M.A. Social Gerontology) and the University of
Nebraska Medical Center (J.D./M.P.H), substantially expanded opportunities for law student
externships by successfully obtaining faculty approval to change the requirements for academic
credit for externships, created new Programs of Concentrated Study in Solo/Small Firm Practice
and Intellectual Property Law, revised the Individualized Program of Concentrated Study policy
to more easily allow students to design their own concentrated study programs by subject area(s)
of interest, completed a comprehensive survey of the faculty on course teaching methods and the
use of instructional technology, and successfully obtained faculty approval to revise the 1L
curriculum to include a mandatory course in International Law after preparing and presenting
to the faculty a comprehensive survey of other Big 10 law school curricula)
•Member, Untenured Faculty Teaching Review Committee
•Faculty Supervisor, Federal Judicial Externship Program
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Solo and Small Firm Practice Concentration
•Faculty Advisor, Program of Concentrated Study in Human Resources Law
•Faculty Advisor, Program of Concentrated Study in Wealth Management Law
•Faculty Advisor, Saint Thomas More Society
•Faculty Advisor, Nebraska Real Estate Law Society
2011-2012 •Chair, Curriculum Committee (see list of accomplishments above)
•Member, Faculty Appointments Committee
•Member, Untenured Faculty Teaching Review Committee
•Faculty Supervisor, Federal Judicial Externship Program
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
2010-2011 •Member, Faculty Appointments Committee
•Member, Curriculum Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
15
2009-2010 •Member, Dean Search Committee
•Member, Faculty Appointments Committee
•Member, Curriculum Committee
•Member, Law Library Committee
•Member, Untenured Faculty Teaching Review Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
2008-2009 •Member, Faculty Appointments Committee
•Member, Untenured Faculty Teaching Review Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
2007-2008 •Member, Faculty Appointments Committee
•Member, Untenured Faculty Teaching Review Committee
•Judicial Clerkships Faculty Co-Advisor
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
2006-2007 •Member, Curriculum Committee
•Faculty Advisor, Program of Concentrated Study in Real Estate Law
•Faculty Advisor, Saint Thomas More Society
2004-2006 •Member, Lectureship Committee
THE UNIVERSITY OF TENNESSEE COLLEGE OF LAW COMMITTEES AND OTHER SERVICE
2002-2003 •Faculty Judicial Clerkship Advisor
•Faculty Advisor, UT Pro Bono Health Care Access Project
•Member, Readmissions Committee
•Member, Outstanding Teacher Award Selection Committee
•Member, Separk Faculty Scholarship Award Selection Committee
•Member, Yarbrough Faculty Award for Writing Excellence Selection Committee
2001-2002 •Member, College of Law Governance Committee
•Faculty Judicial Clerkship Advisor
•Member, Outstanding Teacher Award Selection Committee
•Member, Separk Faculty Scholarship Award Selection Committee
2000-2001 •Faculty Judicial Clerkship Advisor
•Member, Academic Standards and Curriculum Committee
1999-2000 •Faculty Judicial Clerkship Advisor
•Member, Search Committee for the Director of the Center for Entrepreneurial Law
•Member, The University of Tennessee Faculty and Staff Benefits Committee
•Member, Instructional Technology Committee
1998-1999 •Member, The University of Tennessee Faculty and Staff Benefits Committee
•Member, Instructional Technology Committee
1997-1998 •Member, Academic Standards and Curriculum Committee
•Member, Kolwyck Committee
