Faculty Scholarship & Activities

Published: August 20th, 2007

Category: Awards, News

 

Faculty Group Photo

 

 

 

 

Mary Jane Angelo
Associate Professor

  • Published article “Regulating Evolution for Sale:  An Evolutionary Biology Model for Regulating the Unnatural Selection of Genetically Modified Organisms,” in the Wake Forest Law Review.

Patricia E. Dilley
Professor

  • Her remarks at the 2006 AALS meeting of the Employee Benefits Section have been published as “Reinventing Retirement:  Reforming Social Security, Medicare, and Private Pension Plans,” in 10 Employee Rights and Employment Policy Journal, No. 2 (2006).

Mark A. Fenster
Professor

  • Published book review, “Waller:  ‘Thurman Arnold:  A Biography,’” in the Michigan Law Review (2007).
  • Published “Regulating Land Use in a Constitutional Shadow: The Institutional Contexts of Exactions,” in the Hastings Law Journal (2007).
  • Published “The Folklore of Legal Biography,” in the Michigan Law Review (2007) (review essay).
  • Published “Takings, Version 2005: The Legal Process of Constitutional Property Rights,” in the University of Pennsylvania Journal of Constitutional Law (2007).
  • Published “Coolhunting the Law,” in the Harvard Negotiation Law Review (2007) (symposium essay).

Richard H. Hiers
Affiliate Professor Emeritus

  • Published article, “Institutional Academic Freedom or Autonomy Grounded Upon the First Amendment: A Jurisprudential Mirage,” in Hamline Law Review (2007). The article demonstrates that even though many learned judges, commentators and Supreme Court Justices assume or assert otherwise, the Supreme Court has never held that academic institutions, themselves, are entitled to academic freedom under the First Amendment.

Robert H. Jerry, II
Dean; Levin Mabie and Levin Professor

  • Published essay “Reflections on Leadership,” appearing in the Winter 2007 issue of the University of Toledo Law Review (on the Leadership in Legal Education Symposium VII).

Diane H. Mazur
Professor

  • Published article, “Military Values in Law,” in a special issue of the Duke Journal of Gender Law & Policy.  The issue also includes transcribed remarks from two presentations she gave at the 2006 National Lesbian and Gay Law Foundation Conference and a 2007 symposium at Harvard Law School.

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

  • Published article, “Communications and Concerted Action,” in the Spring 2007 issue of the Loyola University Chicago Law Journal.
  • Moderated panel on “Class Certification: Is there a Trend Toward More Rigorous Analysis?” at the ABA Antitrust Section’s Spring Meeting in April 2007 in Washington, DC.

Christopher L.  Peterson
Associate Professor

  • Testified before the Senate Committee on Banking, Housing and Urban Development’s Subcommittee on Securities, Investments, and Insurance on the subject of “Subprime Mortgage Market Turmoil: Examining the Role of Securitization.” The committee is considering legislation that would enact recommendations Peterson will make in an article forthcoming in the Cardozo Law Review.
  • The National Association of Consumer Agency Administrators (NACAA) recently awarded Peterson its Consumer Advocate of the Year Award for 2007 for his research on predatory lending and his advocacy for legislation adopted last year by Congress that caps the interest rate lenders may charge military personnel.

Elizabeth A. Rowe
Assistant Professor

  • Published “Saving Trade Secret Disclosure on the Internet Through Sequential Preservation,” in the Wake Forest Law Review (2007).

Christopher Slobogin
Stephen C. O’Connell Chair; Affiliate Professor of Psychiatry; Adjunct Professor, University of South Florida Mental Health Institute

  • Published article, “Dangerousness and Expertise Redux,” in the Emory Law Journal (Spring 2007).
  • Published commentary, “The Liberal Assault on the Fourth Amendment,” in the Spring 2007 issue of the Ohio State Journal of Criminal Law.
  • Presented, “Datamining by the Government,” which was delivered to the Center for Internet and Society at the Stanford Law School on April 16.

Walter O. Weyrauch
Distinguished Professor; Stephen C. O’Connell Chair

  • Presented lecture on March 19 on “Romani Legal Traditions and Culture,” in a series sponsored, inter alia, by the UF Center for European Studies.

Steven J. Willis
Professor; Associate Director, Center on Children and Families

  • Published the second edition (with Jones, Brennen, and Moran) of his West casebook, The Tax Law of Charities and Other Exempt Organizations:  Cases, Materials, Questions, and Activities.

Danaya C. Wright
Professor; UF Research Foundation Professor

  • Presented “The Legacy of Colonialism: Religion, Law, and Women’s Rights in India,” at the Washington and Lee School of Law on March 30.

 

Faculty members at the University of Florida Levin College of Law are frequently called upon to give expert opinion on legal issues being covered in the national, state and local media. In recent months, UF Law professors have been featured numerous times in major newspapers, magazines, websites, television and radio. Faculty members are asked to please send notices of their media appearances to flalaw@law.ufl.edu.

Jeffrey Davis
Professor; Gerald A. Sohn Scholar

  • The Gainesville Sun, June 5.Interviewed over the contract dispute of Billy Donovan and the Orlando Magic, Davis said:  “The law of contract is, if you enter a contract and you breach the contract, then the person you have contracted with can sue you for the harm you’ve caused.” Davis explains further the personal service contract and the buyout clause under which the new team (Gators) would pay the magic the monetary damages. Lastly, Davis said he didn’t feel Orlando would take such drastic action against Donovan and that everything would most likely be resolved.

Richard Hamann
Associate in Law; Assistant Director, Center for Governmental Responsibility

  • The Gainesville Sun, May 14. In an article addressing over usage and removal of water for bottling in the Suwanne district. Hamann stated that the Suwannee River district is taking few preventative measures for the water crisis being faced today and feels alternatives to groundwater pumping should be mandated just as many other districts statewide have implemented.

Joseph S. Jackson
Senior Legal Skills Professor

  • The Gainesville Sun, June 18. Jackson, the attorney representing Fire of God ministries, has argued that permitting the Moose Lodge to serve meals and alcohol on the property while requiring additional permits for Fire of God amounts to a “discriminatory interpretation” of city codes that was “deliberate and unprecedented.” “The city’s treatment of Fire of God was discriminatory in that it would have allowed the Moose Lodge to continue to operate as a nonreligious assembly but have precluded Fire of God from using the property because its use was religious,” he said.

Robert H. Jerry, II
Dean; Levin Mabie and Levin Professor

  • The Houston Chronicle, June 1. Quoted in an article emphasizing the importance of mandating an upgrade in building codes for homes along the Gulf Coast due to the severe damage caused by hurricanes, Jerry, a specialist in insurance damages, said: “Should Gulf Coast states upgrade building codes? The answer is an absolute and unequivocal ‘yes.’”

Lyrissa Lidsky
Professor; UF Research Foundation Professor; Associate Dean for Faculty Development

  • The Gainesville Sun, The Washington Post, Bradenton Herald, The News Tribune and Forbes, May 2. Quoted in various articles regarding an attorney’s request to withhold the release of a taped statement from a 10-year old boy who pleaded no contest to beating up a homeless man, Lidsky said: “Because of the boy’s participation in the crime and the media attention the case has already received, withholding the statement now is like trying to put the genie back in the bottle.”

Joseph W. Little
Professor; Alumni Research Scholar

  • St. Petersburg Times, June 22. Interviewed regarding Gov. Charlie Christ’s recent signing of a bill that will force local governments to make immediate budget cuts, which has received differing opinions regarding its legality under the Florida Constitution. Little said the Constitution does not prohibit the Legislature from further restricting millage rates as long as it does not affect the overall millage cap. Some language in the proposed constitutional amendment, including that it would “require the Legislature to limit the authority of counties, municipalities and special districts to increase ad valorem taxes, is causing a stir. “It makes you wonder why they put it in there,” Little said, because it can be interpreted as an after-the-fact ratification of the Legislature’s ability to force local governments to roll back and cap taxes.
  • St. Petersburg Times, July 17. Quoted in a story on a recent mandatory property tax cut in Clearwater that will cut into many of the quality-of-life programs including landscaping and decluttering of beaches, Little said: communities could experience “a real change in the aesthetic quality,” but said officials could also find new ways to pay for these programs. “If you were in Florida 30 years ago and you compare it to now, you’d see a real difference—it’s more pleasant, attractive and desirable. So maybe this could be a different direction we move in, or maybe it won’t be that severe after all.”

Diane H. Mazur
Professor

  • ABA Journal E-Report, June 1. Quoted extensively on the subject of Congress’ reconsideration of the Equal Rights Amendment and its effect on military service by women, she said:  “The concerns that are left are the ones that drive us politically insane. When the bill comes up for discussion, it’s not going to be about the place of women in our society. It’s going to be about all sorts of military horror stories and gay marriage horror stories.” Mazur also was quoted saying, “Think about a woman coming out of West Point. She joins the military police to go to Iraq and will do the same work her male colleagues do, however with half the recognition and double the hassle.” She added: “Their male colleagues look at them as lesser colleagues, and I think there is a direct link between that kind of viewpoint and these issues the military is still dealing with.”

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

  • Bloomberg News Radio, June 20. Interviewed about Google’s recent complaint that Microsoft had violated the final judgments in U.S. v. Microsoft by designing the Vista operating system in a way that interfered with Google’s desktop search software.

Juan F. Perea
Cone Wagner Nugent Johnson, Hazouri and Roth Professor

  • St. Petersburg Times, April 11. Quoted in a story on the city manager in Largo, Florida who was fired after announcing he planned to become a woman and now plans to sue his former employer. Perea said Susan Stanton, formerly known as Steve Stanton, “has a strong basis for a lawsuit,”  considering federal precedents and previous cases involving transgender people handled by the Florida Commission on Human Relations.
  • St. Petersburg Times, May 16.In an article discussing the firing of seven cadets in the police academy for overusing the “n-word,” Perea said: “A police department is a very public institution and it needs to have very good relationships with all its constituencies. It seems to me not just an understandable rule but a very good rule to prohibit racially insensitive or racist language.”
  • AM-850, May 24.Interviewed regardingPresident George W. Bush’s bipartisan immigration proposal that will give immigrants a lot of opportunities, Perea said: “Individuals who have already entered the country illegally could receive some legal status. One of the major reasons for this legislation is to stabilize the workforce, which so many immigrants are in now.” When immigrants obtain citizen status, Perea said, it helps those individuals step out from hiding and they become less fearful.
  • The Gainesville Sun, June 22. Quoted in a story about a heavily tattooed man who, after being denied a job application at about 60 businesses, formed TATTOO (Tattooed Against the Thriving Tolerance of Occupational Oppression), an organization he hopes will help pass legislation to make it illegal for employers to judge based on tattoos. Perea said the man does not have a case until a bill is passed that will make it illegal for employers to judge based on tattoos. “It’s a form of discrimination, but it’s a form of discrimination that’s legal.” In Florida, employers have the right to not hire someone—or even fire—someone because of their tattoos, he said. “That might seem unfair,” he said, “but I think most people understand that jobs aren’t really places where you can freely express anything you might want to.”

Christopher L. Peterson
Associate Professor

  • The Star-Ledger (Newark, New Jersey), July 3. Quoted in a story on New Jersey state officials and an Edison, NJ company that runs eight Web sites selling digital cameras and other electronics, which have been locked in a lawsuit alleging the business defrauded customers. Responding to the state’s accusations that it uses bait-and-switch tactics and misleads consumers in the advertising and pricing of items, the company asserts its websites and advertising aren’t subject to New Jersey law. “To my way of thinking, the retailer’s position is tantamount to saying states attorneys general will no longer have jurisdiction over consumer sales simply because it’s done over the Internet,” Peterson said. “In my view, the retailer’s argument strikes me as weak and dangerous.”
  • Salon.com, July 31. His latest study on usury law is the focus of a story, “Usury: Back and better than ever.” The piece, available at http://www.salon.com/tech/htww/2007/07/31/usury/index.html, includes a link to and quotes extensively from Peterson’s paper, “Usury Law, Payday Loans, and Statutory Slight of Hand: An Empirical Analysis of American Credit Pricing Limits,” which is one of SSRN’s top 10 consumer law papers of all time. The study was also featured in a blog post written by Elizabeth Warren, a law professor at Harvard who is considered the leading academic in the field: http://www.creditslips.org/creditslips/2007/07/from-20-to-2000.html#more.

Michael L. Seigel
Professor

  • Orlando Sentinel, April 17. After the exoneration of the Duke lacrosse players, Siegel reflected on the case in an op-ed on the alarming use and abuse of alcohol at this leading academic institution and how the university opts not to address underage drinking as a problem. Instead, Seigel wrote, it is hypocrisy and is temporarily fixed with a “Band-Aid solution.”
  • The Tampa Tribune, April 28.In an article about an African American Dade County police officer that was murdered by a young boy who received life in prison instead of the death penalty, Seigel commented on the racial anomalies, stating that people who kill whites are more likely to get the death penalty than those who kill blacks.
  • Orlando Sentinel, May 30. Commenting on the lack of applicants for the vacant job of U.S. attorney for the Middle District of Florida, which is one of the most powerful federal-prosecutor jobs in the country, Seigel, a Democrat, wrote that the turmoil inside the Justice Department in Washington is a key factor. “It’s got to be a reflection of the low morale and the attorney general’s awful performance in defending the actions the department took in firing eight U.S. attorneys. I think the politicization of the department—a lot of people are not interested in getting in the middle of that.”

Chris Slobogin
Stephen C. O’Connell Chair; Affiliate Professor of Psychiatry; Adjunct Professor, University of South Florida Mental Health Institute

  • New York Times, The Miami Herald, and New York-originated Fox News radio program, April 21 & April 30. Quoted in both newspapers regarding gun laws in the Virginia Tech shootings and whether a federal law should have prevented Virginia Tech gunman Seung-Hui Cho from buying a gun because a Virginia court said he was a danger to himself in 2005 sent him for psychiatric treatment. He said that under federal law, the Virginia Tech gunman Seung-Hui Cho should have been prohibited from buying a gun.
  • St. Petersburg Times, April 14. Interviewed regarding a trial of a 16-year-old boy who is a juvenile that has had numerous charges dismissed because he was deemed mentally incompetent to stand trial. The boy is facing more charges and is believed to have a reduced chance of dismissal because of his age. Slobogin said, “Immaturity could play a role in competency decisions. Children under 16 are more likely to be found incompetent than those 16 years and older.”
  • St. Petersburg Times, June 3, South Florida Sun-Sentinel, June 17. Quoted in a story about a Tampa man whose life became a nightmare after he lost his wallet and authorities made a series of mistakes that led to him being wrongly arrested for a crime he did not commit and left him in deeply debt. Commenting on a bank teller who 12 days after the crime identified the man as someone who tried to pass a forged check, Slobogin, who specializes in police practices, said: “We start forgetting what we see within an hour. To me it would be remarkable that someone would remember a photo they saw 12 days before.”
  • New York Times, June 13. Quoted in a story about privacy issues related to Google’s new Street View service.
  • St. Petersburg Times, July 17. In a story on a New Port Richey mother who was deemed unfit to stand trial after a series of tests declared her incompetent, Slobogin discussed the two tests that are administered under the state law and said a series of questions are asked. “You don’t have to flunk all six. You can be very poor in two of them and that can cause the evaluator and the judge to declare an individual incompetent,” Slobogin said, noting that competency can be restored within weeks or months. “It is not required for all mental illnesses to be removed before a person is found mentally competent.”
  • Sarasota Herald-Tribune, July 19. Quoted in a story on the pressure mounting for Bradenton police officials to seek an outside agency to investigate the depth of a scandal in which on-duty officers reportedly had sex with a prostitute, Slobogin said, historically, the vast majority of internal affairs investigations end with officers being cleared of the allegations.

Lee-ford Tritt
Associate Professor; Director of Center for Estate and Elder Law Planning and Estates and Trusts Practice Certificate Program; Director, Center on Children and Families

  • Pittsburgh Tribune-Review, April 28. In an article regarding a sickly woman’s estate and her lawyer altering the placement of her funds three days after her death, Tritt said: “This statute was created to avoid these types of conflicts. (This) law specifically precludes an attorney-in-fact from amending, modifying or revoking documents or dispositions effective at the principal’s death.”

Michael Allan Wolf
Professor, Richard E. Nelson Chair in Local Government Law

  • Palm Beach Post, March 17. In an article about a developer’s idea to preserve Mecca Farms with tax money from nearby development, he said, “Development arrangements that use public money should provide important public amenities and allow for desired development that would not otherwise occur.” He then added, “I’m not sure either of those factors is operating in this case.”

Barbara Bennett Woodhouse
David H. Levin Chair in Family Law; Director, Center on Children and Families; Co-Director, UF Institute for Child & Adolescent Research, Evaluation

  • National Public Radio, April 30. Interviewed by NPR about children’s right to counsel and said that without a will or some form of documentation it is extremely difficult for a third party to prevail in a fight or a contest with a parent over the upbringing of a child.

Danaya Wright
Professor, UF Faculty Senate Chair

  • The Gainesville Sun, April 11.In an article about the proposal by Rep. David Rivera to name the college of education after former Gov. Jeb Bush., she said, “I would hope that the Legislature would consult with the faculty, and the dean of the College of Education, and the president and the provost and the board of trustees to ensure that they all welcome that name change.”

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