Nebraska’s Rules of Professional Conduct prohibit lawyers to engage in “adverse discriminatory treatment” in the course of their legal employment. A proposed amendment to the rule, modeled after ABA Model Rule 8.4(g), would widen this prohibition to cover harassment and discrimination “in the court of a lawyer’s professional activities” and “that reflects adversely on the lawyer’s fitness as a lawyer.”
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Nebraska MCLE #239207. 1.0 CLE Ethics Hours. (OnDemand credit)
Iowa MCLE #387418. 1.0 CLE Ethics Hours. (OnDemand credit)
**This program has been approved for 1.0 hours of distance-learning CLE, including 1.0 hours of ethics. You may claim 1.0 hours of credit total for this program.
Nebraska’s Rules of Professional Conduct prohibit lawyers to engage in “adverse discriminatory treatment” in the course of their legal employment. A proposed amendment to the rule, modeled after ABA Model Rule 8.4(g), would widen this prohibition to cover harassment and discrimination “in the court of a lawyer’s professional activities” and “that reflects adversely on the lawyer’s fitness as a lawyer.”
Many states have already adopted Model Rule 8.4(g) or some variation on it. Critics allege that these rules violate the First Amendment by condemning a wide range of potentially offensive but constitutionally protected speech in circumstances that are only loosely related to professional concerns. How serious are these concerns, and would Nebraska’s version of 8.4(g) avoid them?
Elana Zeide, Asst. Professor, UNL College of Law
Elana Zeide teaches, researches, and writes about privacy and the legal, policy, and ethical implications of data-driven systems and artificial intelligence. She is an Assistant Professor at the University of Nebraska-Lincoln and part of its new interdisciplinary Nebraska Governance and Technology Center. Her work focuses on the modern day permanent record and how new learning, hiring, and workplace technologies impact education and access to opportunity. Recent articles include Student Privacy in the Age of Big Data, The Structural Consequences of Big Data-Driven Education, and Algorithms Make Lousy Fortune Tellers.
Kyle Langvardt, Asst. Professor, UNL College of Law
Professor Kyle Langvardt joined the faculty in July 2020 as a member of the Nebraska Technology & Governance Center. He is a First Amendment scholar who focuses on the Internet’s implications for free expression both as a matter of constitutional doctrine and as a practical reality. His written work addresses new and confounding policy issues including tech addiction, the collapse of traditional gatekeepers in online media and 3D-printable weapons. Professor Langvardt’s most recent papers appear in the Georgetown Law Journal, the Fordham Law Review and the George Mason Law Review.
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