Thomas J. Freeman, Aaron McKain, and Destynie J.L. Sewell, Janus and the Future of Collective Bargaining: Rhetorically Predicting a First Amendment Right to Negotiation, forthcoming 11 William & Mary Business Law Review ___ (2020).
Also published in the MALSB/MBAA Annual Conference Proceedings (March 2019).
As Technology Evolves, So Will the Law, and So Must Attorneys with Aaron McKain, Ph.D, MSL, Neb. Law., July/August 2019, at 9.
This is a guide to help attorneys adapt to changing technology and how it will affect the practice of law.
Civil Asset Forfeiture: How a recent U.S. Supreme Court decision will change the rules, Interchange Magazine (March/April 2019)
This article analyzed the U.S. Supreme Court’s ruling in Timbs v. Indiana, and provided guidance for county officials on how the decision will affect civil asset forfeitures.
Report on Investigation of Goodwill Omaha (June 2018)
This is the comprehensive report issued by the Nebraska Attorney General's Office at the conclusion of the investigation of Goodwill Omaha. I served as the principal author and worked closely with Attorney General Peterson and others on this report.
Best Practices for a Nonprofit Organization (June 2018)
This is a guide to Best Practices for Nonprofit Organizations that I drafted while working at the Nebraska Attorney General's Office.
Protecting Our Seniors: Emerging Issues in Elder Law and Resources for Prevention and Reporting Neb. Law., May/June 2018, at 17.
On behalf of the Nebraska Attorney General’s Office, I put together this practical resource guide for protecting the elderly from fraud.
Justice Denied: How a Gaping Hole in Nebraska Law Deprives Those Appearing Before Administrative Boards of Justice Neb. Law., May/June 2012 at 21.
This article explores how an appeal from the decision of an administrative board, arguing that the board did not follow its own rules, will often be impossible unless the board's own rules are made a part of the record of that administrative proceeding. It also addresses the ramifications of an appeal being unavailable, including abuses by the boards themselves, committed with knowledge that their decisions will never be reviewed.
Discriminating Against Discrimination Cases Neb. Law., April 2008 at 12.
This article addresses how the federal courts have modified the summary judgment standard in discrimination cases to create a higher and often insurmountable burden for Plaintiffs.
Academic Papers Presented
Including Virtual Goods in the United Nations Commission on International Trade Law, presented by Destynie J.L. Sewell, JD, MBA, Assistant Professor, University of Nebraska at Omaha at the ALSB Annual Conference, Montreal, August 2019
Chaining Cryptocurrencies: The Promises, Perils, and Need for Regulation, presented by Destynie J.L. Sewell, JD, MBA, Assistant Professor, University of Nebraska at Omaha at the ALSB Annual Conference, Montreal, August 2019
Privacy 3.0: Using Narrative Theory to Navigate Legal, Corporate, and Community Debates on Digital Ethics, presented by Aaron McKain, Ph.D, M.S.L., North Central University, at the Law and Ethics of Big Data Research Colloquium, Washington and Lee School of Law, April 2019.
Janus and the Future of Collective Bargaining, Rhetorically Predicting a First Amendment Right to Negotiation, with Destynie J.L. Sewell, JD, MBA, MALSB/MBAA Annual Conference, Chicago, March 2019.
Best Form of the Argument: How Debate in the Classroom Enriches the Classroom Experience and Enhances Students' Critical Thinking Skills, MALSB/MBAA Annual Conference, Chicago, March 2019.
Other Professional Presentations (partial list)
“The Psychology of Fraud: Understanding the Human Element,” Eastern Nebraska Anti-Fraud Association, August 2019.
“Fiduciary Duties for Nonprofit Directors and Officers; Best Practices for Building an Excellent Organization,” Nebraska Society of Association Executives, March 2018.
“Fiduciary Responsibilities for Nonprofit Directors and Officers: How to Do Good Without Getting in Trouble,” Nebraska Rural Electric Association, November 2017.
“Targeting Nebraskans for False Financial Gain,” Omaha Southwest Kiwanis, June 2017.
“Investigative Techniques,” State of Nebraska, Auditor of Public Accounts, All Staff Training, April 2017.
“Negotiating Your Way to a Happier Life,” Developing Trends in Negotiation & Collaborative Practice, August 2015.
“Conflict Resolution and Techniques,” National Safety Council, Omaha Chapter, Safety and Health Summit, May 2009
I led a team of attorneys and investigators in a thorough and well-publicized investigation of Goodwill Omaha. I worked closely with Attorney General Peterson to identify the problems with the organization, determine appropriate remedies, and draft a comprehensive report detailing our findings. I also drafted a Best Practices Guide, with official guidance for nonprofit organizations operating in Nebraska.
For my practicum project for my Master's degree in Negotiation and Dispute Resolution, I had the pleasure of working with Colin Rule, Chittu Nagarajan, Eric Tang, and others to design and implement the eBay Community Court. It was the first large-scale community run online dispute resolution system.