G. Michael Fenner, JD
G. Michael Fenner, JD

G. Michael Fenner, JD

Professor
Endowed Professorship, James L Koley Professor of Constitutional Law
School of Law

Academic Appointments

Department

  • Law

Position

  • Professor

Teaching Activity

  • Constitutional Law I and II
  • Evidence
  • First Amendment Freedom of Speech
  • Supreme Court Seminar

Biography

From 1969-1972 Professor Fenner was a trial attorney in the Honors Law Graduate Program with the United States Department of Justice. In 1970, he received the U.S. Department of Justice Special Achievement Award. He joined the Creighton School of Law faculty in 1972.
Professor Fenner is past President of the Nebraska State Bar Association. He is a member of the Nebraska Supreme Court Committee on Practice and Procedure and the House of Delegates of the Nebraska Bar Association, and past chairperson of the Evidence section of the Association of American Law Schools. Professor Fenner received the Nebraska State Bar Foundations 1992 Shining Light award. He is a frequent speaker at continuing education programs for lawyers, judges, and their support staffs. In addition to the authoring of numerous articles, he has also published a number of pieces of “editorial whimsy” in a variety of popular papers and magazines. As Reporter for the Nebraska Supreme Court Committee on Practice and Procedure, Professor Fenner has primary responsibility for Nebraska’s pattern jury instructions for civil trials, NJI2d Civ., and is the author of the annual supplements to NJI2d Civ. (West).

Education

  • BA (1965), Kansas University
  • JD (1969), University of Missouri-Kansas City

Publications and Presentations

Books

  • Nebraska Jury Instructions: Second Edition (2015-16 ed. 2015)., 2015
  • Nebraska Jury Instructions: Second Edition (2014-15 ed. 2014)., 2014
  • G. Michael Fenner, The Hearsay Rule (3d ed. 2013)., 2013
  • G. Michael Fenner, The Hearsay Rule (3d ed. 2013)., 2013
  • Nebraska Jury Instructions: Second Edition (2013-14 ed. 2013)., 2013
  • Nebraska Jury Instructions: Second Edition (2012-13 ed. 2012)., 2012
  • Fenner,G. Michael Nebraska jury instructions: New edition each year, 2011
  • Nebraska Jury Instructions: Second Edition (2011-12 ed. 2011)., 2011
  • Nebraska Jury Instructions: Second Edition (2010-11 ed. 2010)., 2010

Articles

  • G. Michael Fenner, Edward Snowden: Hero or Traitor?, Neb Law., Nov./Dec. 2014, at 13, reprinted in Briefcase (Okla. Cnty. Bar Ass'n), Dec. 2014, at 11, and in Mont. Law., Dec./Jan. 2014/2015, at 14, and in Adverse Witness (Collier Cnty. Bar Ass'n), Feb. 2015, at 13, and in Bar BullL. (King Cnty. Bar Ass'n), Apr. 2015, at 16, and in ACBA News (Alamedo Cnty. Bar Ass'n), Nov. 25, 2014, 2014
  • G. Michael Fenner, Past President's Page: Honey, I'm Home!, Neb. Law., Nov./Dec. 2014, at 5., 2014
  • G. Michael Fenner, What If I Had to Drive to Vermillion, S.D., to See a Doctor?, Creighton Law., Fall 2014, at 6., 2014
  • G. Michael Fenner, President's Page: NSBA Self-Help Desks, Neb. Law., Sept./Oct. 2014, at 3., 2014
  • G. Michael Fenner, President's Page: The Impaired Attorney, Neb. Law., July/Aug. 2014, at 3., 2014
  • G. Michael Fenner, President's Page: The 35-40 Foot Fall, Neb. Law., May/June 2014, at 3., 2014
  • G. Michael Fenner, President's Page: Moving Through Dangerous and Difficult Waters, Neb. Law., Mar./Apr. 2014, at 3., 2014
  • G. Michael Fenner, President's Page: Todd Elsbernd, Neb. Law., Jan./Feb. 2014, at 3., 2013
  • G. Michael Fenner, President's Page: Hello: Gratitude: Jane, Liz, You All, and a Rhinocerous, Neb. Law., Nov./Dec. 2013, at 3., 2013
  • G. Michael Fenner, The Admissibility of Web-Based Evidence, 47 Creighton L. Rev. 63 (2013)., 2013
  • G. Michael Fenner, Attorney Deception: The Honorable Lyle E. Strom & Professor Tory L. Lucas, Neb. Law., May/June 2012, at 29., 2012
  • G. Michael Fenner, Attorney-Client Privilege -- Ten Important Cases Handed Down in Roughly the Past Year, Neb. Law., Mar./Apr. 2012, at 5., 2012
  • G. Michael Fenner, The Admissibility of Web-Based Evidence, Neb. Law., Nov./Dec. 2011, at 5., 2011
  • G. Michael Fenner, The Admissibility of Web Based Evidence, the Attorney-Client Privilege, and an Eighth Circuit Evidence Update (Sept. 2011) (available on the U.S. Court of Appeals for the Eighth Circuit's Intranet, password required)., 2011
  • G. Michael Fenner, Evidentiary Problems Associated with the Introduction of Web-Based Evidence, ConsiderChapter13.org (Dec. 2010)., 2010

Publications

  • G. Michael Fenner, Op-Ed., Ties Won't Do Supreme Court Justice, Omaha World-Herald, Feb. 17, 2016, at 7B., 2016
  • G. Michael Fenner, Same-Sex Marriage, Conscientious Objection and an Ambushed Pope, Creighton Law., Fall 2016, at 22.
     , 2016
  • G. Michael Fenner, Op-Ed., Guardians Ad Litem Must Remain Attorneys, Omaha World-Herald, July 24, 2014, at 5B., 2014

Presentations

  • Film Streams showed the documentary Citizenfour, which is about Edward Snowden and his leaks of classified information. They invited me to a Friday evening showings to do a Q & A after the film., 2015
  • Panel at the annual meeting of the American Bar Association/Bar Leadership Institute. The panel’s topic was on the unforeseen surprises that are going to confront bar leaders and how to be prepared., 2015
  • Panel at the annual meeting of the American Bar Association/Bar Leadership Institute. The panel’s topic was on the unforeseen surprises that are going to confront bar leaders and how to be prepared., 2015
  • Omaha Bar Association (my 20th annual luncheon talk). The topic was “Immigration: Presidential Action in the Face of a (Dysfunctional?) Congress.”, 2015
  • National Council of Bar Presidents on the topic of the Nebraska Supreme Court’s December 6 Order changing the structure of the NSBA and the future of unified bar associations in the United States., 2015
  • Omaha Bar Association at my annual luncheon speech. I spoke on Edward Snowden and NSA surveillance, including a brief history of the U.S. government’s domestic surveillance from the Civil War to today., 2014
  • Omaha Bar Association at my annual luncheon speech. The topic of my talk was “How the Affordable Care Act Case Came Out As It Did: The Long View, 1803-2013., 2013
  • Grand Rounds at the then-called Alegent?Creighton Medical School. I spoke on Roe v. Wade: how the issue got to the Supreme Court; the Supreme Court’s resolution of the issue; the various stakeholders in the issue; the aftermath of the Court’s opinion—for Jane Roe, in the public arena, and in subsequent Supreme Court opinions; and the future of the woman’s right to terminate a pregnancy., 2013
  • Dinner meeting of the Omaha Medical Society/Omaha Bar Association on the Affordable Care Act, my view of whether or not it was constitutional, and what I thought the outcome would be in the United States Supreme Court., 2013