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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Oct. 28, 1996)
Justice Kennedy will speak
at Hmska institute session
From Staff Reports
U.S. Supreme Court Justice An
thony Kennedy will be the keynote
speaker for the inaugural session of the
Roman L. Hruska Institute for the Ad
ministration of Justice today at the
University of Nebraska-Lincoln Law
Kennedy will speak on “Jury Trial
Reform” at the institute, which will be
held from 9 a.m. to 12:15 p.m. in Ross
McCollum Hall on East Campus. The
institute is free and open to the public.
Appointed by President Ronald
Reagan, Kennedy has served on the
Court since 1988.
Prior to Kennedy’s presentation,
Chief Judge Richard Arnold of the 8th
District Court of Appeals will intro
duce former U.S. Sen. Roman L.
Hruska, the institute’s founder.
Kennedy’s remarks will be fol
lowed by a presentation from Steven
Penrod, a professor of law and psychol
ogy at UNL, covering empirical stud
ies on jury trials. Penrod will then
moderate a panel discussion on jury
The panel members include federal
judges William Cambridge, chief judge
of the District of Nebraska; and War
ren Urbrom, senior judge of the Dis
trict of Nebraska. Other panel mem
bers are Thomas J. Monaghan, U.S. At
torney for Nebraska; David R.
Stickman, federal public defender; and
Gail S. Perry, chair ofthe Federal Prac
The institute will conclude with a
presentation by C. Arlen Beam, U.S.
circuit judge for the 8th Circuit, and
Richard Kopf, U.S. district judge for
the District of Nebraska, discussing
recent U.S. Supreme Court decisions
relating to jury trials in federal court.
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Nelson defends against Republican advertisement
as Hagel’s business practices come under fire
By Chad Lorenz
U.S. Senate candidates Chuck
Hagel and Gov. Ben Nelson launched
public attacks against each other late
last week, each denying the others ac
cusations and calling the attacks des
perate and outright lies.
Nelson responded to a national
Republican Party television commer
cial by alleging that Hagel was in
volved in a corporate scandal to fund
his cellular phone company.
The advertisement, which began
airing Oct. 24, said Nelson proposed
an increase in property tax valuations,
and increased office travel by more
than 400 percent.
Nelson said the advertisement,
which was funded by the National Re
publican Senatorial Committee, was a
breach of a promise Hagel made in
Hagel vowed that he wouldn’t al
low the state or national party, or any
one else, to make outside attacks on
Hagel’s campaign office said they
were unaware the NRSC would be run
ning the advertisement.
Deb Fiddelke, communications di
rector for Hagel, said Thursday she had
heard Nelson’s campaign talking about
the advertisement, but that she had not
seen it or heard that the Hagel cam
paign was involved with it.
Nelson’s campaign released a state
ment responding to the NRSC’s claims.
The statement said Nelson voted
with Republican members of the Board
of Equalization for fair property tax
evaluations. Equal property tax evalu
ations arb required by the Nebraska
Some counties had Iowa- property
taxes because of the equalization, ac
cording to the statement.
Responding to the claim that
Nelson increased travel by 433 percent,
his campaign said the increase included
travel expenses of three other state of
fices: the policy research office, travel
office and energy office. Those offices
were kept separate until Nelson be
The day after the advertisement,
Nelson held a press conference during
which he released a two-inch thick
packet describing a scandal involving
Hagel’s cellular phone company, Van
Nelson said he uncovered the al
leged scandal because Hagel was us-;
ing his business resume as a campaign
■ " 1 .. 81 ■■ 11
“The implication is that he built hi;
business from the ground up,” Nelsor
People should know exactly how h<
built his business and the allegation;
involved, Nelson said.
In 1986, the Federal Communica
tion Commission held lotteries foi
ownership of cellular phone licenses.
Vanguard won a five-city license
but the runners-up in die contest ac
cused Vanguard of rigging the lottery
The runner-up companies filed £
complaint with the FCC and later filed
a lawsuit against Vanguard.
In the lawsuit, the companies al
leged that Vanguard submitted 52
“dummy” applications in the lottery tc
increase its chances of winning among
the total 138 applicants.
Each of those 52 applications was
filed in the name of a smaller company
which was “merely a passive invests
in a cellular venture intended to stack
the lottery in numerous markets for the
benefit primarily of a few key players,”
the lawsuit said.
The FCC dismissed the complaint
and the objectors withdrew their legal
Hagel adamantly denied the accu
sations. He said the other 52 applica
tions came from separate companies
that had partnerships with Vanguard,
but Vanguard didn't have control over
*uv appiwauuiiis oummugu wtic
legal, and that’s why the FCC dropped
the complaint, Hagel said.
The objecting complies filed the
complaint and the lawsuit because they
didn’t get what they wanted, he said.
“Anybody can file a complaint,”
Nelson said the objecting compa
nies withdrew the complaint because
Vanguard settled with them by trading
a franchise worth $133 million in San
Tuan, Puerto Rico for a small franchise
in Huntington, Va., worth $2 million.
When an objecting company prof
ited by more than $130 million, it
dropped the suit, Nelson said.
Hagel said that trade was not an)
kind of settlement.
“Everybody was trading markets in
those days,” Hagel said. “We trade all
Vanguard wanted the Huntington
franchise because it was closer to its
other franchises in West Virginia and
Pennsylvania, Hagel said.
Localizing the franchises was more
efficient for Vanguard than setting up
i new, separate phone system in Puerto
Elico, he said.
And Nelson’s comparison of a $2
HAGEL from pagel
Hagel campaign because he was
staying civil and Nelson was pull
ing out the attacks.
“We’re going to win because
the slime-machine is out,”
Maurstad said. He said a sitting
governor should not have to stoop
to attacks like his accusations
about Hagel’s business record.
On the lighter side, Bauer said
Hagel was an outstanding student
and the one of a few of her stu
dents that she would have en
“He was a definite leader even
when he was 9 years old,” she
said. - —
Reichel said she was giving
her support to Hagel partly be
cause of a Nelson veto that elimi
nated $3 million in funds to the
university. Tuition rose after the
funding cut caused by the veto,
million franchise for a $133 million
franchises is wrong, Hagel said.
“I’ve never heard those values.
Those weren’t the values when we
Cellular phone franchises can’t be
valued in dollars, Hagel said. Some
valuations include start-up costs and
the ability of people to buy cellular
In Puerto Rico, start-up costs would
have been huge, and people would
have had to pay a high price for the
phones, Hagel said.
Hagel said Nelson’s allegations
were lies and distortions and were signs
that the governor is nervous about los
ing the race.
“The governor has done this in a
desperate attempt to salvage a sinking
campaign,” Hagel said.
‘1 won’t respond by lying about him
more than he lies about me. It’s de
meaning to the citizens of the state, and
everyone should be ashamed of their
Nelson defended his release of the
information Friday, saying that the
NRSC advertisement was an outright
lie. The information he released was
fact and documented in lawsuit files,
newspapers and company reports, he
“If I have a punch thrown at me, I
counterpunch and I throw a lot stron
ger punch back.”
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