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G. Michael Fenner

Of Counsel
Professor of Law, Creighton University School of Law

Mike Fenner is a Professor of Law at Creighton University School of Law and handles a wide variety of litigation matters involving the law of evidence, various torts and various matters of constitutional law. He is a frequent lecturer on a variety of subjects. His audiences include federal and state court judges, attorneys, lay and professional conference attendees, service clubs and associations.

Practice Areas:


  • National Institute of Trial Advocacy course, 1973
  • University of Missouri-Kansas City School of Law, Kansas City, Missouri, 1969
    J.D. with Distinction
  • Kansas University, 1966  Bachelor of Arts

Professional Associations:

  • Nebraska State Bar Association, 2012 – Present,  President
  • Association of American Law Schools, Section on Evidence, Elected Officer
  • The Court Practice Institute, 1973, Board of Advisors
  • Omaha Bar Association, Member
  • Nebraska Civil Liberties Union, 1975 – Present, Omaha Lawyers’ Panel
  • Nebraska Civil Liberties Union, 1990 – 1994, Board of Directors
  • Nebraska Civil Liberties Union, Faculty Advisor to Creighton Law School chapter
  • Creighton University School of Law. Member and Rotating Chair, Faculty Recruiting Committee
  • Creighton University School of Law, Member, Curriculum Committee
  • Association of American Law Schools, Section on Evidence, 1980 – 1981, Chair
  • Association of American Law Schools, Section on Evidence, 1979 – 1980, Chair-Elect
  • Association of American Law Schools, Section on Evidence, 1978 – 1979, Secretary
  • Nebraska Academic Decathlon Foundation, Inc., 1996 – Present, Nominating Committee
  • Papillion-LaVista Challenge Program, 1990 – Present, National History Day, Nebraska Judge
  • Phi Alpha Delta, 1980 – Present, Faculty Advisor
  • American Trial Lawyers Association, Creighton Chapter, 1990 – Present, Co-Faculty Advisor
  • Nebraska Association of Trial Attorneys, Member
  • High School Mock Trial Competition. Judge
  • Central High School Scholarship Auction, 1987 – 1992
  • Board of Directors, Landmarks, Inc.
  • Omaha Landmark’s Heritage Preservation Commission, 1981 – 1996, Member
  • Omaha Landmark’s Heritage Preservation Commission, 1987 – 1993, Chair
  • Nebraska Supreme Court Committee on Practice and Procedure, 1979 – Present, Reporter for Civil Jury Instructions
  • NCLE, Inc., 1989 – 1998, Curriculum Committee
  • NCLE, Inc., 1980, Co-Chair, Program on Evidence
  • Happy Hollow Homeowners Association, 1980 – 1981, President
  • Happy Hollow Homeowners Association, 1980 – 1997, Legal Counsel
  • The Coalition for Open Government, 1975, Drafting Committee and Speakers Committee
  • Omaha Symphony Council, 1974 – 1976, Member
  • Easter Seals Humanities Grant Committee, 1977 – 1978, Member
  • The Omaha Indemnity Company and Mutual of Omaha v. Arthur Andersen & Co., 1990 – 1993
  • Special Master
  • United States Department of Justice, Honors Law Graduate Program, Washington, D.C., 1969 – 1972, Trial Attorney
  • Creighton University School of Law, Chair, Status Committee
  • Nebraska State Bar Association, Chair, House of Delegates

Awards and Recognition:

  • Distinguished Community Service Award, Papillion-LaVista Public Schools, 1994
  • Special Achievement Award, United States Department of Justice, 1970
  • Kansas City Bar Association Silver Award, 1969
  • University of Missouri:
  • Honors: National Moot Court Team, 1968 – 1969
  • Honors: Full-Tuition Dean’s Merit Scholarship
  • University of Missouri-Kansas City Law Review, Articles Editor, 1968 – 1969


  • Attorney Deception: The Honorable Lyle E. Strom and Professor Tory Lucas, The Nebraska Lawyer 29, May/June, 2012
  • Attorney-Client Privilege—Ten Important Cases Handed Down in Roughly the Past Year, The Nebraska Lawyer 5, March/April, 2012
  • The Admissibility of Web Based Evidence, the Attorney-Client Privilege, and an Eighth Circuit Evidence Update, , 8th Cir. intranet, September, 2011
  • Nebraska Jury Instructions Second: Civil (republished annually since 1999), West Group, 2011
  • Evidentiary Problems Associated with the Introduction of Web-based Evidence, CONSIDERCHAPTER13.ORG, December, 2012
  • Today’s Confrontation Clause (after Crawford and Melendez-Diaz), 43 CREIGHTON L. REV. 35 , 2009
  • The Hearsay Rule, Second Edition, Carolina Academic Press, 2009
  • Reflections on the Job: Joe Edney, 1956-1983, Creighton Lawyer 20, Fall, 2007
  • Intelligent Design and Presidential Power in Time of War, Creighton Lawyer 28, Spring, 2006
  • The Two Most Important Trials of this Young Century, Creighton Lawyer 13, Summer, 2003
  • Among Friends – Justice Thomas, Creighton Lawyer 8, Summer, 2003
  • Justice Thomas Unplugged, Creighton Lawyer 3, Winter, 2002
  • The Psychic Hotline, the Most Active States’ Rights High Court Perhaps Ever, and the Presidential
  • Election of 2000, The Creighton Lawyer 8, Spring, 2001
  • The Residual Exception to the Hearsay Rule: The Complete Treatment, 33 Creighton L. Rev. 265, 2000
  • The Forced Use of Inadmissible Hearsay Evidence in Bankruptcy Court, 8 Am Rev. 453, 2000
  • ExpertWitnesses:The Practical Aspects of Daubert and Weisgram, Federal Practice in the New Century, U.S. D. Ct. E.D. of Mo. and St. Louis Bar Assn., 2000
  • Evidence Update (The Past Year in Evidence), Eighth Circuit Judicial Conference, 1999
  • Three Perspectives on the Law: Advice to Young Lawyers, 31 Creighton L. Rev. 674, 1998
  • Trial by Affidavit in Bankruptcy Court, Eighth Circuit Bankruptcy Judges’ Conference, 1998
  • Goodbye to Steve McGill, The Daily Record 2, September, 1997
  • Hearsay, Privileges, and Other Matters, 30 Creighton L. Rev. 791, 1997
  • The Daubert Handbook: The Case; Its Essential Dilemma; and Its Progeny, 29 Creighton L. Rev. 939, 1996
  • Here’s the Real Trouble With Experts, The Creighton Lawyer, Fall, 1996
  • Evidence Update (The Past Year in Evidence in the Eighth Circuit and the United States Supreme Court), Federal Judicial Center Workshop for the United States Magistrate Judges of the Eighth Circuit, 1996
  • Big-Tipping, Left-Leaning, Show-Biz Celebs Flee Mountain Hideaway: A Tale of Two Constitutions, The Creighton Lawyer, Fall, 1995
  • What Federal Courts Have Done with Daubert, Federal Judicial Center Handbook, Federal Judicial Center, 1995
  • Evidence Review: The Past Year in the Eighth Circuit, Plus Daubert, 28 Creighton L. Rev. 301, 1995
  • Because When You Tried to Tape the Final Episode of Cheers You Ended Up Instead With the Half-Hour Infomercial for That Spray-On Hair Stuff; the Creighton Lawyer Presents the Top Ten Tips on How to Protect Yourself from Technology, The Creighton Lawyer, Spring, 1994
  • Central High School Scholarship Auction, Catalogue Author, 1989-1994
  • Law Professor Reveals Shocking Truth About Hearsay, 62 UMKC L. Rev. 1, 1993
  • Presumptions: 350 Years of Confusion and It Has Come to This, 25 Creighton L. Rev. 383, 1992
  • Nebraska Jury Instructions Second: Civil (supplemented annually until 1999), West Group, 1989
  • Article 6-Witnesses, Nebraska Continuing Legal Education, Inc., 1987
  • Circumstantial Evidence in Nebraska, 19 Creighton L. Rev. 236, 1986
  • About Present Cash Value, 18 Creighton L. Rev. 305, 1985
  • Fenner’s Friday Is Full, The Downtowner, Feb. 20, 1985
  • Fenner Pens His Oscar Picks, The Downtowner, March 20th, 1985
  • ‘European Vacation’ Stinks‘, The Downtowner, Aug. 7th, 1985
  • Is This a Great City, or What?, The Downtowner, Sept. 18, 1985
  • About Presumptions in Civil Actions, 17 Creighton L. Rev. 307, 1984
  • Article 6: Competency and the Examination of Witnesses, Nebraska Evidence Rules, NCLE, Inc., 1984
  • Update: Nebraska Evidence, NCLE, Inc., 1981
  • Access to Judicial Proceedings: To Richmond Newspapers and Beyond, 16 Harvard Civil
  • Rights-Civil Liberties L. Rev. 415, (with James L. Koley), 1981
  • Article VI and Article VII of the Nebraska Evidence Rules, The Nebraska Rules of Evidence, NCLE, Inc., 1975, 1976, 1977, 1980
  • Handling the Turncoat Witness under the Federal Rules of Evidence, 55 Notre Dame Lawyer 536, 1980A.E.S.;You Can Do It If You Want, But, For God’s Sake, Don’t Let Anyone Find Out About It, Quarterly: Junior League of Omaha, May, 1980
  • The Real Meaning of the Gannett Decision, 16 Trial 45, (with James L. Koley), January, 1980
  • The Rights of the Press and the Closed Court Criminal Proceeding, 57 Neb. L. Rev. 442, (with James L. Koley), 1978
  • Media Libel: Federal and Nebraska Law, 12 Creighton L. Rev. 149, (with James L. Koley), 1978
  • Inviting The New Yorker to Lunch, Omaha Magazine, Sept., 1977
  • Ketchup: The Manchurian Condiment, Omaha Magazine, Dec., 1977
  • Competency and Examination of Witnesses Under Article VI of the Federal Rules of vidence and the Nebraska Evidence Rules, 9 Creighton L. Rev. 559, 1976
  • Book Review, Griffith, Judge Learned Hand and the Role of the Federal Judiciary, 1975 Wash. U.L.Q. 518
  • Mental Distress as an Actionable Tortious Wrong, 37 UMKC L. Rev. 371, 1969
  • Presentations
  • Conference Speaker and Break-Out Session Leader, Nebraska Leadership Seminar
  • Professor of Law, Creighton University School of Law, 1972 – Present



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Bar Admissions:
Nebraska, 1974