Nancy Dowd
David H. Levin Chair in Family Law and Director, Center on Children & Families “Rick Scott dodges answers by invoking Fifth Amendment, Democrats claim in ad” (Oct. 12, 2010, PolitiFact Florida)

A new ad from Alex Sink’s gubernatorial campaign points out that GOP candidate Rick Scott invoked his Fifth Amendment right 75 times in a deposition regarding fraud allegations aimed at his hospital chain, Columbia/HCA.

From the article:
“The Fifth Amendment is not a shield against fishing expeditions,” said Nancy Dowd, a UF Levin College of Law professor. “If you want to cloak yourself in the protection of the Fifth Amendment, it has to be for the reason that your answer could result in criminal liability.”

Teresa Drake
Director, Intimate Partner Violence Assistance Clinic (IPVAC)
TV interview – “Family Spotlight” on IPVAC Clinic (Oct. 7, 2010, WCJB-TV 20)

Drake discussed intimate partner violence crimes as well as the new Intimate Partner Violence Asisstance Clinic – of which she is the director – in this TV 20 spotlight.

Thomas Hurst
Professor Emeritus and Sam T. Dell Research ScholarHurst presented a paper entitled “The Use of Clawbacks to Recoup Excessive Executive Compensation After the Worldwide Financial Crisis” at the Cambridge Symposium on Economic Crime at Jesus College, Cambridge University in September.

Clifford Jones
Associate In Law and Lecturer “Ambler’s suit to knock Norman off ballot goes to trial Tuesday” (Oct. 11, 2010, The Tampa Tribune)

State Rep. Kevin Ambler filed a lawsuit seeking to disqualify Hillsborough County Commissioner Jim Norman for running for state senate and remove him from the November ballot. The lawsuit claims Norman failed to report a house in Arkansas owned by his wife, mostly paid for by a former friend and political supporter.

From the article:
State law says disqualification is an appropriate penalty if a candidate deliberately fails to list assets on state financial disclosure forms, said Clifford Alan Jones, a professor at the University of Florida law school.

“But it is not clear to me if a court would order (disqualification) prior to completion of an Ethics Commission hearing,” Jones said.

Diane Mazur
Professor “Congress, not courts, may have final word on ‘don’t ask, don’t tell’” (Oct. 11, 2010, Law.com)

Mazur commented on the recent federal court rulings regarding the military’s “don’t ask, don’t tell” policy and the previous court cases they cited in their decisions.

From the article:
“Although these Don’t Ask, Don’t Tell cases are not criminal prosecutions, not sodomy prosecutions, the courts in both Witt and Log Cabin said, ‘We’re still talking about the same constitutional liberty,’ ” said Diane Mazur, a professor at the University of Florida Levin College of Law and legal co-director of the Palm Center at the University of California, Santa Barbara, which focuses on military issues including Don’t Ask, Don’t Tell.

Judge orders ‘don’t ask, don’t tell’ injunction” (Oct. 12, 2010, Associated Press)

Last week a federal judge issued an injunction to stop the enforcement of the military’s “don’t ask, don’t tell” policy, to be effective immediately. Mazur commented on the president’s position on the issue.

From the article:
“The president has taken a very consistent position here, and that is: ‘Look, I will not use my discretion in any way that will step on Congress’ ability to be the sole decider about this policy here,’ ” said Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that supports a repeal.

The article ran in a number of media outlets, including The New York Times.

Mazur was quoted in AP’s “Quotations of the day.” ”The whole thing has become a giant game of hot potato. There isn’t anyone who wants to be responsible, it seems, for actually ending this policy. The potato has been passed around so many times that I think the grown-up in the room is going to be the federal courts.” – Diane H. Mazur, a legal expert at a think tank at the University of California at Santa Barbara in comments after a federal judge ordered the military to immediately stop enforcing its ban on openly gay troops.

Jon Mills
Dean Emeritus Director, Center for Governmental Responsibility
Animal activists mount protests of UF researcher” (Oct. 8, 2010, Gainesville Sun)

A UF researcher has been the target of animal rights activists because of a connection to research done relating to experimentation on primates. A website has been created with the researcher’s address and a picture of his home on it and protests have been planned in Gainesville and in the researcher’s neighborhood in the future. The approach indicates a shift in animal rights activists’ tactics, focusing on individuals involved or related to research rather than the larger entities who sponsor it. Currently the situation appears to be a protest rather than a threat, according to UF police.

From the article:
The courts typically have given wide latitude to free-speech rights in such cases, said UF law professor Jon Mills, who wrote a recent book on privacy. But he said a civil case is possible if someone is being slandered with false information, and other legal action also could be taken in the case of a threat. “People can say a lot of things online if it falls short of actual slander, but one thing that the courts get nervous about is if they say or imply actual threats,” he said.

“Summary of 6 statewide constitutional amendments and one nonbinding referendum” (Oct. 12, 2010, Gainesville Sun)

With six proposed changes in the Florida Constitution on the November ballot, Mills addressed the issue of Florida Supreme Court’s language standards that can sometimes make the wording of amendments confusing to some voters.

From the article:
“The language has to be less than 75 words and explanatory of everything (the amendment) does and be approved by the Supreme Court,” said Jon Mills, a University of Florida law professor. If it’s not in the title, “it would be considered deceptive. The Supreme Court has taken several initiatives off the ballot for being misleading,” he said. Nonetheless, initiatives and constitutional amendments are one of the people’s rights and one that should be taken seriously, Mills said. “They are there permanently,” Mills said. “Putting something in the constitution is hard, and getting it out is even harder.”

Jorge Montesino, Karen Middlekauff and Prof. Michael Siebecker shared their personal stories in celebration of National Coming Out Day. (Photo by Vincent Massaro)

National Coming Out Day was celebrated at a panel hosted by OutLaw, the Levin College of Law’s Lesbian, Gay, Bisexual, Transgender and Straight Ally group. The event, titled “What Is It Like to Come Out?” was held Oct. 12 in the Bailey Courtroom, and included opening remarks by UF Law Dean Robert Jerry and moving personal stories by two UF Law students and a faculty member.

Dean Jerry emphasized the need for everyone in the law school community to learn from and be tolerant of one another. Diversity and the ability to get along with and work closely with others very different than yourself is important not just in law school, he said, but throughout your professional career.

OutLaw President Karen Middlekauff (2L) said the law school has formed a Diversity Committee to help create and promote a standard of professionalism and respect for everyone, regardless of sexual orientation, sexual identity, race or creed.

The importance of this was echoed by UF Law Professor Michael Siebecker, who said every faculty member should give a code of conduct to their students at the beginning of class, since creating a better atmosphere in any environment is “easier to start in management.”

Elena Rogers, 3L, graduates in December. (Photo by Joey Springer)

Elena Rogers said she’ll never forget the day one of her clients openly admitted guilt, and after sentencing, looked at her and said, “Thank you, God bless you.”

Rogers, a 3L graduating this December, said working in the clinics has been the most rewarding aspect of her law school experience.

“It’s challenging on both a personal and professional level and it is never dull,” she said. “As with most things, you get out of it what you put into it.”

Before law school, Rogers volunteered with the Guardian ad Litem and worked as a social worker, a juvenile probation officer and a residential counselor for juvenile group homes. She has also externed with a circuit judge on a civil docket and volunteered with a juvenile advocacy firm handling delinquency and dependency cases.

“The clinic complements my previous experience and vice versa,” she said. “I often find myself integrating the things I learned prior to law school into my clinic experience. Even though I come from a helping background, for those who don’t, the clinic is more than just working with people. In the clinic, you have to handle difficult situations with limited time, and sometimes, with limited resources, using creativity and innovativeness and the skill set you learned in law school and undergrad – no matter what your curriculum.”

Rogers decided to get involved in the clinics because she missed interacting with the public and helping clients.

“I wanted to work alongside other attorneys, judges and clients so that upon employment, I would know that I was well-equipped to provide, with confidence, the type of representation that my clients deserve,” Rogers said. “Also, to be frank, I was tired of the typical day-to-day learning environment, and I was anxious to get back to helping people. There is no way you can learn everything you need to know in the traditional learning environment.”

She said some of the most challenging aspects of working in the clinic were delivering “bad” news and working alongside such talented attorneys.

“It’s more than a little intimidating, but the great thing is that the attorneys I work with are always willing to teach and explain, and I enjoy learning from them,” she said.

Rogers said she learned a lot from her experience working with the client who admitted guilt.

“DUI Court reminded me to count my blessings because it showed me that no matter what race, creed, color or economic group a person may belong to, they too can find themselves in an unpleasant legal situation that can alter their life tremendously,” Rogers said. “Another client had serious drug issues that were taking her down a tragic path headed straight to jail. Because I fought for her, her charges were dropped and she now has the opportunity to seek the help she needs.”

In addition to hands-on experience, working with the clinic affords students the opportunity to become a Certified Legal Intern (CLI), which can be a helpful jumpstart to one’s career.

“Many judges and successful attorneys I’ve spoken to took part in a clinic while at law school,” she said. As a CLI, students are able to represent clients as a practicing attorney under the supervision of a licensed attorney and under a licensed attorney’s bar license, she said.

“This is a great benefit because it’s not just research you’re doing – you are actually advising, arguing motions, speaking on behalf of your client in court, entering pleas on the record and going to trial,” she said.

Becoming a CLI is also important in today’s job economy for a couple of reasons.

“First, if you are a CLI in an office where you want to work after graduation, it’s like a working interview,” she said. “The employer may just convert your internship into a job offer once you graduate.”

“They’ve already trained you, you already know the judges and the procedures, and they already know your work ethic,” she said. “Hiring you would be easier than hiring someone they do not know.” “Also, timing and opportunity are everything. If a position becomes available after you graduate and you are a CLI, you can begin working prior to taking the bar or prior to getting your bar results.”

Rogers says she highly recommends the clinics because they will help students discover strengths and weaknesses and maybe even reveal a passion for a new field of law.

“Because of the exposure to the law you get while in the clinic, you may just fall in love with an area of law that you never even considered,” she said.

The deadline for clinic applications is Oct. 22. Applications are avaiable in the clinics, and must be submitted to the Office of Student Affairs. Students who are accepted will be notified by Nov. 1 and additional mandatory paperwork will need to be completed in the clinics immediately after acceptance. For more information, please visit the Clinics webpage.

Stephen Zack congratulates students on their achievements. (Photo by Joey Springer)

Many students enter law school having routinely aced their classes since they were children. It is, unsurprisingly, a jarring moment when law students realize that As are few and far between in the new environs. But even the vaunted A is not the ultimate mark of law school achievement. Those who receive the highest score in the class are given something extra: a book award.

On Friday, Oct. 8, those students received their book awards, commemorated with a plaque. The ceremony took place immediately after the Criser lecture, meaning that students had the pleasure of receiving their awards from ABA President Stephen Zack.

“We’re so proud of our students who have led our classes as the top student,” Dean Robert Jerry said, “and it’s a great honor to have your award presented to you by Stephen Zack.”

Many of the book awards are sponsored by firms, individuals, or groups honoring a friend. For example, the award for Florida Constitutional Law is given in honor of Bill McBride, and endowed by McBride’s law partner and fellow UF Law grad Bob Bolt, as well as McBride’s wife and gubernatorial candidate Alex Sink.

Other book awards are given in memory of those who have passed, including the award for Advanced Labor Law. The award is given in memory of Rebecca Jakubcin, a 1999 UF Law grad who died after being struck by a drunk driver. The award is sponsored by the law firm of Fisher & Phillips, where Jakubcin was a partner before her tragic death.

Zack ended the ceremony by congratulating the students, family members and award sponsors who filled the Chesterfield Smith Ceremonial Classroom. In his last remarks, Zack invoked the motto of the classroom’s namesake, ‘Do good.’ “Students,” Zack said, “you done good.”

Stephen Zack unveils his portrait as the fifth UF Law graduate to become American Bar Association president. (Photo by Joey Springer)

There have been plenty of great lawyers in American history.

These include lawyers who wrote the Constitution, lawyers who wrote the Declaration of Independence, lawyers who saved our nation and lawyers who fought for civil rights, a fact that the speaker made everyone aware of.

“How will this generation of lawyers be remembered?” asked Stephen Zack, JD 71, American Bar Association president and this year’s Marshall M. Criser Distinguished Lecturer.

The lecture series started at 2 p.m. Friday, Oct. 8, in the Chesterfield Smith Ceremonial Classroom, followed by the ABA presidential portrait unveiling. The lecture series was started in 2007 and Zack is the third lecturer in the series. Justice John Paul Stevens and Justice Clarence Thomas were previous speakers.

Zack’s lecture focused on the future of the legal profession and what this new generation of attorneys will have to face once they graduate.

“The law will change more in the next 10 years than in the last 200 years,” he said.

According to Zack, UF Law graduates will practice law from every corner of the country and of the world via virtual law firms.

“The client will insist upon it,” he said.

Zack also said globalization is playing an increasing role in effective, transformative legal practice. Lawyers will have to be familiar with the way laws vary from country to country and how these legal nuances can be applied to practicing law back home.

“You need to decide in which direction our profession will go,” Zack said. “But there is a greater challenge for you, and that is whether you will preserve the justice system in this country because as we are fighting to establish rule of law around the world, we are dangerously close to losing in our own country.”

Protecting the judicial system was a major point of Zack’s discussion.

“Shakespeare said ‘kill the lawyers first’ because Jack the Butcher wanted there to be anarchy in England. He should have said ‘kill the justice system first’ because without a justice system, there is no need for lawyers,” he said.

When Zack was 14 and still living in Cuba, “the first evidence we had that we would lose our liberty was the attack on the judiciary.”

According to Zack, in the state of Florida, one half of one percent goes to fund the state’s entire justice system, including victim assistance, public defenders and court personnel.

“They say they want the best and the brightest on the bench, but you have to pay for it,” he said. “Our justice system is not a line item…It is up to this generation to make sure that this doesn’t happen.”

Zack said that what he likes to call “the Facebook and face lift generations” need to talk, learn and give the best to each other.

To current and future alumni, he said, “We were given the most powerful weapon [available]: a law degree…it means that you were given the ability to right a wrong wherever you are.”

Zack ended the speech with a personal anecdote about when he left his native country at age 14. On the night his family left Cuba after the military came into his grandfather’s shop, he asked his Russian grandfather if he felt bad.

“‘I do, I do,’” he said. “‘I worked my whole life to achieve all this and now it is all gone. But I feel good about one thing. I feel good about the fact that I’m going to the United States. Yes, I will be an immigrant, but I will never be an immigrant again because if the United States falls, I will have no place to go.’”

“It is up to this generation to make sure that the United States always stays strong,” Zack said.

After his speech, Dean Robert Jerry spoke briefly about the previous four UF Law ABA presidents and unveiled Zack’s presidential portrait. It was hung on the wall, marking Zack as the fifth Gator ABA president, more than any other law school in the last four decades.

Zack said he was honored to be on the same wall as the previous ABA presidents.

Wilbert Vancol, 3L, thought the event was very motivating and inspirational. “I appreciate the fact that he spoke about the significance of being a lawyer and what it entails.”

As Dean Jerry said, “maybe one of the students in this room will some day be on this wall.”