• Sat on a panel for “Affirmative Acton: Grutter and Beyond,” which was moderated by Jon Mills, at the SEALS annual meeting held July 29- Aug. 4.

Jeffrey L. Harrison
Stephen C. O’Connell Professor

• Published two books, Law and Economics: Positive, Normative and Behavioral Perspectives (Thomson-West, 2nd Ed., 2007) and Law and Economics in a Nutshell (Thomson- West, 4th Ed., 2007)
• Sat on a panel on the topic of “Teaching Socio-Economics in Law Schools” at the SEALS annual meeting held July 29- Aug. 4.

Berta Esperanza Hernandez-Truyol
Levin Mabie and Levin Professor; Associate Director, Center on Children and Families

• Served on a panel on the topic of “Addressing Transnational Collaboration in the Law School Curriculum” at the SEALS annual meeting held July 29- Aug. 4.

Lyrissa Barnett Lidsky
Professor; UF Research Foundation Professor

• Served as a mentor for the paper presentation by a faculty member at Loyola-LA in the young scholar program at the SEALS annual meeting held July 29- Aug. 4.

Diane Mazur
Professor

• Sat on a panel over the topic of “The Military Commissions Act of 2006, Access to Courts, and the Latest Round of Detainee Litigation” at the SEALS annual meeting held July 29- Aug. 4.

Paul R. McDaniel
James J. Freeland Eminent Scholar in Taxation; Professor

• Published his article, “Territorial vs. Worldwide International Tax Systems: Which is Better for the U.S.,” 8 Fla. L. Rev. 283 (2007) and 62 The Record of the Association of the Bar of the City of New York 70 (2007).

Martin J. McMahon
Clarence J. TeSelle Professor

• Published his article “Recent Developments in Federal Income Taxation: The Year 2005,” 8 Fla. Tax Rev. 5 (with Ira B. Shepard) (2007).

Winston P. Nagan
Professor; Samuel T. Dell Research Scholar; Director, Institute of Human Rights and Peace Development; Affiliate Professor of Anthropology

• Invited to participate in the work of a group of experts on the United Nations Bio-Diversity Convention in NY.
• Invited and participated in the UN Permanent Forum on the Rights of Indigenous People.
• Invited to participate in the next meeting of the committee of experts on the revision of the Bio-Diversity Convention in Montreal in October.
• Filed a petition with the Inter-American Commission on Human Rights concerning the land rights of the Shuar Nation (Ecuador) in June of this year.
• Gave a keynote address, “Transitional Justice in Colombia: The Testing Ground of the Justice and Truth Process,” in Medelin, Colombia, on the issue of transnational justice.
• Published his article, “Communications Theory and World Public Order: The Anthropomorphic, Jurisprudential Foundations of International Human Rights,” Va. J. of Int’l L. 47:3 (with Craig Hammer).
• Appointed to the Board of Directors of the Princeton Center on War Crimes and Crimes Against Humanity.
• His article, “Globalism from An African Perspective: The Training of Lawyers for a New and Challenging Reality,” is coming out in the Iowa J. of Transnational Law and Contemporary Problems.
• Recently appointed to the Board of Directors of the Princeton Center on War Crimes and Crimes Against Humanity.

William H. Page
Marshall M. Criser Eminent Scholar in Electronic Communications and Administrative Law; Professor

• Made a presentation to the legal staff of Microsoft Corp. in Redmond, WA with John Lopatka, about his new book, The Microsoft Case: Antitrust, High Technology, and Consumer Welfare.
• Sat on a panel for the topic “Whither Dr. Miles: After 95 years, is a per se rule on resale price fixing still necessary?” at the SEALS annual meeting held July 29- Aug. 4.
• Testified about remedies for monopoloziation at the DOJ/FTC Hearings on Single Firm Conduct in Washington, D.C.

Christopher L. Peterson
Associate Professor

• Presented a paper, “A Comparative Analysis of the U.S. Subprime Home Mortgage Lending Crisis,” at the Law and Society Association Annual Meeting, at Humboldt University, in Berlin, Germany, July 28, 2007.
• Presented a paper, “Usury Law, Payday Loans, and Statutory Sleight of Hand: An Empirical Analysis of American Credit Pricing Limits,” as part of an International Research Collaborative on Comparative Consumer Indebtedness, at the Law and Society Association Annual Meeting, Humboldt University, Berlin, Germany, July 28, 2007.
• Acted as plenary speaker, at the National Association of Consumer Agency Administrators Annual Meeting in Philadelphia, PA on June 19, 2007 where he gave a presentation entitled “The Mythology of American Usury Law.”
• Published an article, “Predatory Structured Finance,” in the Cardozo L. Rev.
• Published an article, “Preemption, Agency Cost Theory, and Predatory Lending by Banking Agents: Are federal regulators Biting off More than They Can Chew?” in the American Law Review.
• Named Consumer Advocate of the Year by the National Association of Consumer Agency Administrators.

John Plummer
Assistant Dean for Administrative Affairs

• Provided substantial administrative support for the SEALS annual meeting held July 29-Aug. 4.

Stephen J. Powell
Director, International Trade Law Program

• Served on a panel on the topic of “Addressing Transnational Collaboration in the Law School Curriculum” at the SEALS annual meeting held July 29- Aug. 4.

Elizabeth A. Rowe
Assistant Professor

• Presented a paper on “Filling the DMCA Void: A Take-Down Provision for Trade Secrets” at the SEALS annual meeting held July 29- Aug. 4.
• Presented her paper, “Exploring A Take-Down Provision for Trade Secrets on the Internet,” at the 2007 Intellectual Property Scholars Conference in Chicago on Aug. 9.

Christopher Slobogin
Stephen C. O’Connell Chair; Affiliate Professor of Psychiatry; Adjunct Professor, University of South Florida Mental Health Institute; Associate Director, Center for Children and Families

• Published his article, “Lying and Confessing” in 39 Tex. Tech L. Rev. 1275 (2007).
• Published “Teaching Transnational Law and Regulation of the Police” in 56 J. L. Educ. 452 (2007).
• Gave talk on “Government Data Mining and the Fourth Amendment,” at the University of Chicago Law School (June 15).
• Gave talk on “Dangerousness and Capital Sentencing,” at the International Conference on Psychiatry and Law, Padua, Italy (June 27).
• Gave talk on “Creating a Law of Counts,” at the SEALS Conference, Amelia Island (July 30).
• Acted as the “defense attorney” in a mock trial of the death penalty at the American Psychological Association Annual Meeting, in San Francisco (August 17).
• Named an inaugural Honorary Distinguished Member of the American Psychology-Law Society.

Danaya C. Wright
Professor

• Selected to receive a University of Florida Research Foundation Professorship Award for 2007-09. These professorships recognize faculty who have established a distinguished record of research and scholarship that is expected to lead to continuing distinction in their field.

UF Law Faculty in the News

Christopher L. Peterson
Associate Professor

• Kansas City.com, August 20. His study, “Usury Law, Payday Loans, and Statutory Sleight of Hand: An Empirical Analysis of American Credit Pricing Limits,” was referred to by a guest columnist discussing problems with debt and payday loans in society today. Peterson reference states: “In virtually every measurable way, usury law has become much more lax since 1965. . In 1965 banks were bound to comply with all state usury laws. Today banks are free to charge whatever interest rate they choose within the loose and changing tolerances chosen by banking regulators for their safety and soundness guidelines. .Today, at least 36 states have laws allowing lenders to charge over 300 percent.”
• Sydsvenskan, August 21. Quoted in an article published in Sweden’s largest daily newspaper over mortgage brokers and the causes of the sub-prime mortgage market meltdown.

“One of the areas of law I’d like to explore is environmental and land use law,” said Holtz. “This internship was invaluable in preparing me to do that.”

The Arthur R. Marshall Foundation’s Summer Intern Program began in 2002 and is designed for upper-level undergraduate and graduate students interested in careers in the environmental sciences. Other students who took part in the program this year were David Cox, of Miami, Kristina Richards, of Palm City, and Diana Aranda, of Albuquerque, New Mexico.

The interns made numerous trips to the Everglades where they conducted field work and met with key professionals and decision-makers involved in the Comprehensive Everglades Restoration Plan. Among the mentors who donated time to the program were U.S. Congressman Ron Klein, State Senator Dave Aronberg and world renowned author and ecologist Dr. Stuart Pimm.

The program was led by Primary Mentors John Marshall, president of the Arthur R. Marshall Foundation, and Senior Scientist Tom Poulson.

“I’m so proud of the 2007 Intern Class,” said John Marshall, who created the non-profit Marshall Foundation in 1998 with the mission of restoring the Everglades through education and public outreach. “This incredibly talented group of young people exemplifies the main goal of this internship, which is to create well-rounded environmental professionals capable of making sound decisions about South Florida’s future.”

Alumni of the internship have gone on to pursue advanced degrees in the environmental sciences, and take advantage of other unique educational opportunities. Adam Fox, a 2003 Marshall Foundation Intern, won a Fulbright Grant to study wetlands in Israel while Chris Patterson, who completed the internship in 2006, is working for Americorps restoring farmland in Oregon’s Klamath Basin.

by Whitney F. Nobles, Resource Counselor

Welcome back to those returning and a warm welcome to the incoming students. Last year I had the pleasure of working with some of you and meeting students within the law school. For those of you who are new or I have not met, I thought that I would take some time at the beginning of the year to explain the role of a resource counselor and a little bit about the counseling field.

What does the law school resource counselor do?

As a resource counselor, I am here to listen to any emotional, mental, or personal problems that you might be having. It is not unusual for students to feel stressed or anxious during the school year, and these are some examples of problems in which you might seek my assistance. Many students last year expressed concerns about seeking assistance from the resource counselor based on a fear that there would be a lack of confidentiality. My services as a counselor are not shared to any member of the staff unless permission has been given or an extreme circumstance arises (i.e., harm to self or others). I encourage you to seek help for any situation that you are having difficulty managing, no matter how great or small. No instance of anxiety, depression, or like problems will be disclosed to anyone. These discussions will have no bearing on one’s ability to gain employment or insurance based on what is discussed within the law school or particularly with the resource counselor. Additionally, if there is discomfort from any student about meeting within the law school, other arrangements to meet elsewhere can be made.

What is counseling?

Mental health professionals practice in a variety of settings, including independent practice, community agencies, managed behavioral health care organizations, integrated delivery systems, hospitals, employee assistance programs, and substance abuse treatment centers. Mental health counselors provide a full range of services including crisis management, psychotherapy, alcoholism, and substance abuse treatment, in addition to many others. However, counselors, such as a resource counselor, have no formal training in curriculum management, advising on school related issues, or career services. There is staff in place to assist you in these matters, namely the assistant deans and career services office.

Ethical standards

Counseling professionals abide by a strict code of ethics and laws that regulate their practice. At any time, you have the right to access your records or refuse services. Additionally, ethical codes state that, “Mental health counselors have a primary obligation to safeguard information about individuals obtained in the course of practice, teaching, or research. Personal information is communicated to others only with the person’s written consent or in those circumstances where there is clear and imminent danger to the client, to others or to society. Disclosure of counseling information is restricted to what is necessary, relevant and verifiable.” Therefore, ethically, your rights as a client are protected.

What are my qualifications?

I hope that this clarifies any misgivings of the work that is done with the resource counselor or any recommending staff. I am also a Nationally Board Certified Counselor and if I can not help you I would be more than happy to assist you in finding the appropriate person to support you in your specific situation.

How do you contact me?

Please feel free to email me at noblesw@law.ufl.edu with any questions that you might have or to set up an appointment. My office is located in student affairs and is the first office on the right. I encourage walk-in appointments as well as those scheduled ahead of time. My office hours this semester are Tuesdays and Thursdays from 10-5, however if these do not fit your schedule I will be more than happy to make outside arrangements. I look forward to meeting and talking with you soon.

Samantha Vacciana

When she first came to Gainesville to begin classes at the University of Florida Levin College of Law, J. Samantha Vacciana thought she had a pretty clear idea of what she wanted to do. After working in the student affairs office at Florida Atlantic University, she thought earning a law degree would allow her to advance in her present career. Instead, law school became a journey of self-discovery that took her in a direction she never would have imagined.

It all started in her second year when Vacciana enrolled in the pro se clinic taught by Peggy Schreiber and Iris Burke.

“I got involved in doing some actual litigation with clients and just fell in love with it,” says Vacciana, now an attorney with Legal Aid Society of Palm Beach County. “I decided at that point that I wanted to practice and began pursuing goals toward that.”

The work she did in the clinic tapped into something in Vacciana, who discovered a satisfaction in helping victims of domestic violence that continues to this day.

“In that clinic I ended up getting certified through the Supreme Court as a certified legal intern, which allowed me to go out that summer and clerk at Legal Services here in Gainesville and work with victims of domestic violence,” she says. “I really enjoyed representing them in court, and I also enjoyed being in the courtroom, something that I didn’t think I was going to do. I was terrified initially, but once I got in there and got my comfort level, I started realizing, ‘Hey, I actually can do this.’”

Making a real impact on people’s lives opened up a completely different idea to Vacciana of what she could do with a law degree. She had met victims of domestic violence in her previous career in student services, and knew the struggles they faced. As an attorney, she felt she could really help them.

“It was really great to be able to say, ‘OK, we’re helping these victims to at least get some protection.’” she explains. “It’s a piece of paper, I recognize that, but it’s a piece of paper that law enforcement can then use to arrest a batterer, it can help that person get custody of their kids, get some child support, and be able to sort of move away from a volatile situation. So it’s a piece of paper, but it carries some weight. So that was what for me was interesting in being able to help people that way.”

While working in the law school’s Center for Career Services, Vacciana sat down with Jessie Howell Wallace, now the office’s director, and determined what she should be doing to do this type of work when she graduated. She focused on doing work in the community and working in a public interest environment to get the experience she needed and applied for a Florida Bar Foundation Fellowship in the Summer of 2002, which allowed Vacciana to get paid while working for a public interest organization and get experience going to court representing victims of domestic violence.

At the beginning of her third year of law school, Vacciana learned through Career Services of the Equal Justice Works fellowship, which would enable her to work in a public interest environment and pay off some of her student loans while in the fellowship. She prepared and submitted a grant proposal to represent immigrant victims of domestic violence, an idea stemming from her experiences witnessing the additional problems immigrant victims face.

“At that time, the agency I was working for couldn’t represent immigrant victims (because it received federal funding), and they were oftentimes more vulnerable because the abuser can say, ‘Well, I’m going to report you to immigration,’” she explains. “And so a lot of times they were left out of the legal process.”

The proposal to Equal Justice Works required a lot of working and fine-tuning, but eventually Vacciana received a phone call saying her project had been selected and funded by the law firm of Greenberg Traurig and The Florida Bar Foundation. The fellowship started in August 2004 and ran for two years. Working at Palm Beach Legal Aid, Vacciana built relationships in the community, getting law enforcement, the state attorney’s office and other agencies involved with the project.

In August 2006, The Department of Justice picked up the project and expanded it. Vacciana continues to work as attorney for the project, known as Legal Assistance to Victims of Domestic Abuse (LAVDA), along with two support people, case managers, and three advocates from the local battered women’s shelter. The project takes a holistic approach to legal services, providing a one-stop shop for clients to get an injunction, assistance with immigration relief, child custody and child support, as well as help with myriad issues tied into domestic violence.

“Now, what started out as a one-person program that was going to run for two years has expanded and now we have six people who serve exclusively immigrant victims of domestic violence.”

Vacciana looks back at law school as a growth process. If someone had told her back then that she would be doing what she is now, she would have told them they were crazy. Sometimes, growth takes a person in surprising and unexpected directions, and Vacciana couldn’t be happier with where she ended up.

“I love it. I actually get up in the morning and look forward to going to work,” she says. “It’s not really a job to me, it’s a passion, it really is. The impact you make on people’s lives, it’s a rush. It’s really an incredible rush to be able to help them.”

There are a variety of ways attorneys can help address the abundance of social issues that affect the indigent, underrepresented, and underserved. Public interest attorneys are traditionally thought of as those who provide direct legal services to qualified clients whose individual needs are addressed, as those who address pressing social issues through impact litigation or policy and legislative research, or as those who work in the government through Public Defender’s offices or other federal, state, or local agencies such as the Environmental Protection Agency or the Florida Department of Children and Families. Those who work in non-public interest law firms or organizations are also provided opportunities to serve the underrepresented and underserved through pro bono work, community service work, and by maintaining a high level of professionalism in all of their actions and interactions.

Law students interested in pursuing a career in public interest law should start gaining relevant experience now, as public interest employers look for a dedicated interest in serving the public from their applicants. The public interest law community is tight-knit. Members of an organization who know you as a volunteer might think of you first to fill a permanent opening when it becomes available. Law students interested in pursuing a traditional private firm or in-house job should also consider the ways in which they can now begin to serve the public through volunteering and good works. Learn about the firm’s commitment to pro bono.

UF Pro Bono and Community Service Projects 

The UF Pro Bono and Community Service Projects recognize unpaid service in both the legal arena and in many capacities in the community. The Pro Bono Project recognizes legal work done in the public interest through volunteer efforts. Pre-approved sites for the Pro Bono Project can be found on the pro bono/community service link on the Career Services web page. These pre-approved local placements can provide valuable legal experience in assisting with children’s issues, prisoners’ rights, and the general concerns of people with low income, including access to public benefits, landlord tenant issues, and more.

There are many other opportunities to do qualified pro bono work at other organizations or in locations other than Gainesville. To qualify for the Pro Bono Project, the following criteria must be met:

• You must be doing work that is legal in nature.
• Your work must be with a government agency, court, or non-profit organization.
• You must be supervised by an attorney.
• You cannot receive pay or academic credit for your work.
• Your work must benefit the under-served, under-represented, or those with limited resources. Volunteering for a law firm, while a valuable experience, is not pro bono in that it does not reach the larger goal of pro bono: bringing services to an under-served or under-represented individual or group.

Non-legal volunteer work that benefits those in need as outlined above falls under the Community Service Project. Community service is a way to give back to the community through a wide variety of locations and through a wide variety of work. Check out the Career Services website and its Pro Bono/Community Service link for information on both projects and what you need to do to participate. If you have any questions, contact Assistant Director Sam Sarno in Career Services.

Three Rivers Legal Services FALL 2007 Information – Registration Deadline of September 3: An Example of A Pre-Approved Pro Bono Project Site

Three Rivers Legal Services, Inc. (TRLS) is a free, civil legal assistance program that serves low-income residents of Alachua and 16 other counties in North Florida. Since 2003, TRLS has run volunteer legal programs that allow UF law students to gain valuable experience and assist clients in various areas of law.

TRLS will be running four volunteer programs for law students during the Fall 2007: Housing, Pro Se Divorce, General Legal Intake, and Rural Outreach.

Housing A

Volunteers will conduct client interviews and draft memos and letters on landlord/tenant issues.

Training: Monday Sept. 10, 5-7 p.m.

Dates: Mondays, Sept. 17 and 24, Oct. 1 and 8, 4-7 p.m.

Housing B

Volunteers will conduct client interviews and draft memos and letters on landlord/tenant issues.

Training: Monday, Oct. 15, 5-7 p.m.

Dates: Mondays, Oct. 22 and 29, Nov. 5 and 12, 4-7 p.m.

Pro Se Divorce

Volunteers will assist domestic violence victims and low income clients with completing forms necessary for marriage dissolution petitions and related child support actions.

Training: Sept. 11, 3-5 p.m.

Dates: Thursdays, Sept. 20, Oct. 4 and 18, Nov. 1 and 15, 9 a.m.- noon

Rural Outreach

This program is designed to allow students to learn about and prepare a presentation to educate residents in the 8th Circuit’s rural counties (Baker, Bradford, Gilchrist, Levy, & Union). Volunteers fluent in Spanish are encouraged to participate.Training and times for presentations will be developed with the consensus of the group.

Organizing Meeting: Tuesday, Sept. 18, 4-5 p.m.

General Legal Intake

Volunteers will interview clients and draft intake memos on various civil legal issues. Please register for either Mondays or Tuesdays, or both.Students may begin client interviews after training.

Training: Tuesday, Sept. 11, 9:30 a.m.-noon

Dates: Mondays, 1:30-3 p.m.

Tuesdays 9:30 a.m.-noon

Registration Details

Please email your registration requests to pblc@trls.org. Based upon program availability, students may be allowed to participate in multiple programs. Returning volunteers are given registration preference. Training sessions will be held at the offices of TRLS at 901 NW 8th Ave., D-5; Gainesville (Call 372-0519 for directions). To participate, student volunteers must be in at least their second semester of law school. Attendance at all program sessions is greatly appreciated, but not required as long as prior arrangements are made with the supervising attorneys.

To register, copy and paste the following with your information:

Name:

E-mail address:

Mailing address:

Year/semester in law school:

Phone number:

What program do you want to participate in?(please list three and indicate your first, second, and third choices):

Returning volunteer?

Please indicate foreign language proficiency:

Failure to register properly may result in the denial of a volunteer placement, so please read and follow all directions carefully. If you have any questions, TRLS will be tabling in the courtyard from 10 a.m. to 2 p.m. on Aug. 27, 28 and 29.

Registration closes Monday, Sept. 3, 5 p.m. Placements will be emailed on Thursday, Sept. 6, by 5 p.m.

Group Photo of Students

University of Florida law students, faculty and staff removed trash, debris and exotic invasive plants from a 3.3-acre wooded area across from the Levin College of Law as part of UF Law’s annual Community Service Day on Saturday, Aug. 18, which involved more than 400 volunteers at 13 locations throughout the Gainesville area.

The Law School Woods area is being restored thanks to a $16,300 grant to the law school’s Environmental & Land Use Law Society from UF Student Government and UF Physical Plant. “We had a great group of volunteers and we accomplished a lot in a few short hours,” said UF law student Ashley Henry, project manager for the Law School Woods restoration project. “By merely pulling down some of the air potato vines, we saw how the woods began to open up. Residents living in the adjacent Golfview neighborhood were excited to see our group working and stopped by to learn more about our project.”

With everyone performing three hours of service, the total time given totaled more than 1,200 hours. The day allowed first-year students to get a good start toward earning a Community Service Certificate, which is awarded to students who perform at least 35 hours of community service during their time in law school.