JAMES B. GESSFORD, ESQ.

PROFESSIONAL HISTORY


 
 
 
EDUCATION:  Hastings High School, Hastings, Nebraska, 1969
Hastings College, Hastings, Nebraska, B.A. 1973
University of Nebraska, Lincoln, Nebraska, J.D. 1976
ADMITTED: Supreme Court of the State of Nebraska, 1976
United States District Court of Nebraska, 1976
United States Court of Appeals for the Eighth Circuit, 1978
United States Supreme Court, 1986
MEMBERSHIPS: Lincoln Bar Association
Nebraska State Bar Association
American Bar Association
American Education Finance Association
Education Law Association
Nebraska School Board Council of School Attorneys; 
 ·President, 1981-1982 and 1982-1983;
 ·Board of Directors, 1978 to Present

National School Board Council of School Attorneys;
 ·1991-1992 Member of National Council's Long Range Planning Committee;
 ·Member of Board of Directors (1994-1998)
 
SELECTED PUBLICATIONS:  Arbitration of Professional Athletes' Contracts: "An Effective System of Dispute Resolution in Professional Sports," 55 Neb. L. Rev. 362 (1976).

Inquiry & Analysis: NSBA Council of School Attorneys, September, 1981, "Residency for School Tuition Purposes: To Pay or Not to Pay."

CATALYST, The Journal of the Nebraska Council of School Administrators, Vol. 5, No. 3, Spring 1982, "Changing Times in Teacher Negotiations - One Perspective."

Nebraska School Law Reporter, Vol. 2, No. 1, (1983), "Nebraska Schools and the Non-Custodial Parent."

Nebraska School Law Reporter, Vol. 4, No. 4 (1985), "Libel and Slander: The School Board Hearing."

National Council on School Attorneys, November 1992, Inquiry & Analysis: "Fax Machines & Schools: Legal Ramifications & Practical Suggestions."

National Council of School Attorneys, April 1995, National School Law Seminar, San Francisco, California: "Evaluation of Employees."

Leadership Nebraska (published by Neb. Council of School Administrators, Neb. Dept. of Education, and Depts. of Educational Administration of UN-K, UN-L, and UN-O), Fall 1996 Issue on "Violence in the Schools," article entitled "Student Discipline Statutes and School Violence," by James B. Gessford & Gregory H. Perry.

National Council of School Attorneys, 1997, Legal Handbook on School Athletics "Athletic Personnel & Volunteer Issues" by James B. Gessford & Gregory H. Perry.

National Council of School Attorneys, 1997, Termination of School Employees: Legal Issues & Techniques, April 1997, "Evaluations," James B. Gessford & R.J. Shortridge

National School Boards Association (NSBA), Timely District Policies: Termination of Under-Achieving Teachers, presented at NSBA 1998 Annual Convention, New Orleans, Louisiana, James B. Gessford.

American Education Finance Association (AEFA), The Temporary Early Retirement Incentive Plan (TERIP): A Resource Allocation & Financial Savings Tool,” presented at AEFA Annual Meeting, 1999, Seattle, Washington, James B. Gessford, Virgil D. Harden, RSBA & Clifford H. Dale, Ed.D..

National High School Athletic Coaches Assn., “Rights & Privileges of Athletes/Parents/Coaches” and “The Anatomy of a Trial,” presented at National Athletic Leadership Seminar, Lincoln Nebraska, August 2000, James B. Gessford.

Personal Protective Orders (PPO’s) Enter the Schoolhouse Gate, 79 Neb. Law Rev. 828 (2000).

Education Law Association, The Principal’s Legal Handbook, Chapter on “Child Abuse,” 2001, James B. Gessford, Tim Curtis & Joan Curcio
 
SPEECHES AND OTHER: Guest speaker at numerous school district in-service workshops; Nebraska State School Board functions; Nebraska Council of School Administrators functions; Nebraska Rural Community School Association functions; University of Nebraska Department of Education Administration functions; Kearney State College educational administration functions; Nebraska State Bar Association functions; Nebraska Continuing Legal Education functions; Nebraska Council of School Attorneys functions; National Council of School Attorneys 1995 National Convention; National Organization on Legal Problems of Education (NOLPE) 1995 National Convention; Missouri Valley School Personnel Administrators Annual Conference, 1996; National Council of School Attorneys 1997 National Convention; National School Boards Association 1998 National Convention; National Education Finance Association 1999 National Convention; NFL - Kansas City Chiefs (part of 1973); Chicago Fire and Chicago Winds WFL (1974 and 1975).  

 
SELECTED LITIGATION:
  • Morrow v. Parrat, 574 F.2d 411 (8th Cir. 1978).
  • Roelfs v. Specht, 203 Neb. 448, 279 N.W.2d 124 (1979).
  • Matter of Tartan Const. Co., 4 B.R. 655, 2 Collier Bankr. Cas.2d 295, 6 Bankr. Ct. Dec. 493 (1980).
  • Schilke v. School Dist. No. 107, 207 Neb. 448, 299 N.W.2d 527 (1980).
  • School Dist. No. 20 v. Commissioner of Labor, 208 Neb. 663, 305 N.W.2d 367 (1981).
  • In re Hilbers Property Freehold Transfer, 211 Neb. 268, 318 N.W.2d 265, 3 Ed. Law Rep. 733 (1982).
  • Erickson v. Ray, 212 Neb. 8, 321 N.W.2d 59, 4 Ed. Law Rep. 1272 (1982).
  • In re 1981-82 County Tax Levy by Saunders County Bd. of Equalization, 214 Neb. 624, 335 N.W.2d 299 (1983).
  • Patteson v. Johnson, 721 F.2d 228 (8th Cir. 1983).
  • In re Covault Freeholder Petition, 218 Neb. 763, 359 N.W.2d 349, 22 Ed. Law Rep. 346 (1984).
  • In re Deveny Freeholder Petition, 218 Neb. 819, 359 N.W.2d 773, 22 Ed. Law Rep. 395 (1984).
  • Patteson v. Johnson, 219 Neb. 852, 367 N.W.2d 123 (1985).
  • Patteson v. Johnson, 787 F.2d 1245 (8th Cir. 1986).
  • Mullendore v. School Dist. No. 1 of Lancaster County, 233 Neb. 28, 388 N.W.2d 93, 32 Ed. Law Rep. 1058 (1986).
  • Schutt v. School Dist. of Macy, 1986 WL 281 (1986).
  • Pawnee County Bank v. Droge, 226 Neb. 314, 411 N.W.2d 324 (1987).
  • Ewing v. Scotts Bluff County Bd. of Equalization, 227 Neb. 798, 420 N.W.2d 685, 45 Ed. Law Rep. 800 (1988).
  • Mullendore v. Nuernberger, 230 Neb. 921, 434 N.W.2d 511, 51 Ed. Law Rep. 603 (1989).
  • Stoppkotte v. Grand Island Northwest High School, CV 91-3034 (D. Neb. 1991).
  • Von Rentzal v. Ashland Greenwood School District, CV 89-0-558 (D. Neb. 1991).
  • Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341, 78 Ed. Law Rep. 1938 (1992).
  • Andrew v. District # 29, Nemaha County, Auburn/Peru Elementary Schools, Case No. 4-05SE (Neb. Dept. of Education 1995) (Special Education).
  • Marquart v. Lincoln Public Schools, Case No. 96-03SE (Neb. Dept. of Education 1996) (Special Education).
  • Hawkins v. Johanns, 88 F.Supp.2d 1027 (U.S. Dist. Ct. NE 2000)
  • In RE Lincoln Public Schools, et al. v. Dept. of Property Assessment and Taxation, Case Nos 2001 SAV-0-18; et.al.(DPAT 2001)

 

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