The Supreme Court of California, in addressing what standard to adopt for competence for self-representation at a criminal trial, favorably cited Johnston’s article. The court did not mandate that lower courts adhere to Johnston’s proposed standard, but it detailed her proposal and characterized it as “plausible” and “helpful to the extent (it) suggest(s) relevant factors to consider.” The court then stated, “Experts asked to examine defendants for this purpose, and trial courts called on to make these rulings, may consider these factors (identified in part by Johnston) in their examinations and rulings.”

Lyrissa Lidsky 
Stephen C. O’Connell Chair; Professor of Law

On Jan. 26, Lidsky presented a paper entitled “Not a Free Press Court?” at a conference at Brigham Young University Law School on The Supreme Court and the Press that included legal journalists, media law professors, and political scientists.

“Legal targets emerging from the I-75 wreckage” (Jan. 31, 2012, Gainesville Sun)

Following the tragic traffic accidents and deaths just south of Gainesville due to low visibility from brush fires on Paynes Prairie, questions have been raised about where to lay blame and possibilities of pursuing legal action. Lidsky commented on the various potential targets of lawsuits, including the Florida Highway Patrol, trucking companies whose trucks were involved in the accidents, and possibly the person(s) who started the fire at Paynes Prairie.

From the article:
Lidsky said trucking companies might be sued because of their insurance and could be found negligent if their drivers’ actions were shown to be unreasonable.

“It doesn’t necessarily absolve all of these drivers of responsibility” if the highway patrol re-opened the road, she said.

A remaining target of a possible civil lawsuit is the person responsible for the fire, if one is identified. Lidsky said negligence is limited to foreseeable harm, but that courts have been willing to stretch the concept when faced with an intentional action such as arson.

“It doesn’t seem utterly unforeseeable that (a fire) would affect roadway visibility,” she said.

Joseph Little
Professor Emeritus

“Bus attack questions? We have answers” (Jan. 26, 2012, Ocala Star-Banner)

This article addresses questions raised after an attack was captured on film of a Marion County student by other students on a school bus. Little discussed the possibility of a lawsuit against the Marion County school system because some said the bus driver did not do enough to prevent the fight from occurring.

From the article:
The victim in the case could have the basis for a lawsuit against the school district, according to Joseph W. Little, professor of law emeritus at the University of Florida Levin College of Law. He said the victim could argue “the driver was negligent (in) not coming to the assistance of the person at risk, or that the school district was negligent in training the driver,” or both.

Rachel Rebouché
Assistant Professor

In January, Rebouché gave the lecture on prenatal genetic testing for the monthly seminar series at Johns Hopkins Berman Institute of Bioethics and presented a paper on comparative abortion law at the feminist legal workshop at George Washington School of Law.

Elizabeth Rowe
Professor of Law; Director, Program in Intellectual Property Law

“Ten Top U.S. Intellectual-Property Verdicts Doubled to $4.6 Billion in ’11″ (Jan. 31, 2012, Bloomberg Businessweek)

Last year saw the largest increase “in the size of intellectual-property jury awards” in the history of the United States, partially due to two major lawsuits by DuPont Co. and St. Jude Medical Inc. in an attempt to protect trade secrets. Rowe said this practice by large companies is becoming more common.

From the article:
“Companies are becoming more aggressive and more willing to pursue these cases,” said Rowe, who teaches intellectual- property law at the University of Florida. “As more and more of these cases go to trial, it encourages people to bring them. You have a growing body of precedents,” she said.

Moot Court team members from left to right: Ryan Hopper, Monica Haddad, Alex Landback and Celia Thacker.

Alex Landback knows how to talk the talk.

The third-year UF Law student took the award for Nation’s Best Speaker on January 28 at the fourth annual Andrews Kurth Moot Court National Championship.

While being named the best advocate at the National Championship certainly puts Landback in a class of his own, it’s not Landback’s first best-oralist award. Landback also took the award for best oral advocate at the Robert Orseck Memorial Moot Court Competition at the Florida Bar Convention in June.

“It’s about preparation,” Landback said. “It’s all about having the confidence and going in and having a conversation with the judges.”

Hosted by the Blakely Advocacy Institute at the University of Houston Law Center, the national competition pitted the nation’s top 16 moot court programs to solve two different legal issues centered on contaminating water with pollutants and whether or not a person can corrupt a witness to unduly invoke his or her Fifth Amendment right.

While UF Law did not advance to the quarterfinals in the competition, this award begins to carve an oral-advocacy dynasty for UF Law, as Wilbert Vancol (JD 11) won the National Best Advocate award at the ABA National Appellate Advocacy Competition in April.

Although the Florida Moot Court team is building a national reputation for excellence in appellate advocacy, Landback is quick to point out the source of their success. “I am honored to win such a prestigious award, but honestly I could not have done it without the support and patience of my teammates and coaches.”

The Houston team consisted of Landback, Monica Haddad (3L), and Celia Thacker (3L), who held rigorous practices leading up to their departure. Haddad argued the environmental issue for The Florida Moot Court team and received glowing praise for her poise and persuasion. Additionally, Aaron Wasserstrom (3L) and Ryan Hopper (2L) served as coaches for the Houston team and ensured the competitors were ready for whatever came their way from the judges. And it showed. In fact, between Haddad and Landback, they had the highest individual score from 11 of the 12 judges in the four preliminary rounds.

This success on the national stage is only the beginning for the Florida Moot Court Team, as it will be sending nine nine teams to other competitions across the country this semester. Considering the start in Houston, the best may be yet to come.

Associate Professor D. Daniel Sokol stands in the Marcia Whitney Schott Courtyard with Zhu Li, a judge in the Intellectual Property Division of the Supreme People's Court of China. Li visited the college of law during the summer to study antitrust law with Sokol. (Photo by Nicole Safker)

In law, as in life, China’s influence is on the rise. With its torrid rate of growth and a mega-population of 1.3 billion, China is on pace to eclipse the United States as the world’s largest economy within the decade.

UF Law has taken notice, branching out from programs in Europe, Latin America and Africa, the college of law will sponsor its first study-abroad program in China this summer. UF Law professors are making teaching sojourns to its shores and turning their intellectual firepower toward explaining China’s legal and economic practices. At the same time, a Chinese judge, professors, and Ph.D. students are making their presence felt in Gainesville.

“We have ongoing relationships in China. It’s part of the broadening scope of what international means at the law school,” explained Associate Professor D. Daniel Sokol, whose antitrust research is increasingly focused on Chinese business and regulatory practices.

Sokol notes that China has become one of the three hubs of international business. That means multinational companies must take Chinese government merger and antitrust law into account just as they must account for U.S. and European Union decisions.

The study-abroad program in China will be hosted by Beijing’s Renmin University of China School of Law, which is among China’s top three law schools. UF Law Assistant Professor Wentong Zheng, a native of China who holds bachelor’s and a master’s degrees from Renmin, will teach a one-credit Introduction to Chinese Law and the two-credit Comparative Contract Law at Renmin. For more information see the brochure or contact Michele Ocepek, director of student programs, at ocepek@law.ufl.edu. The application deadline is Feb. 15.

In a tough legal jobs market, Zheng says the growing economic power of China makes experience with the country invaluable. Before entering the legal academia, Zheng practiced international trade law at Steptoe & Johnson in Washington, D.C., and was involved in the firm’s China practice. He said China is a growing area for most U.S.-based international law firms and many American lawyers are going so far as moving to China as a career strategy.

“If you want to have an edge in the legal marketplace that (study-abroad) experience is going to be very important. Also, it’s going to be fun,” Zheng said.

The itinerary features field trips to Chinese courts and law firms, and trips to major historical sites including The Great Wall and The Forbidden City. Depending on student demand, the program will sponsor extracurricular events for UF Law students and students from the host school. The program will also help UF Law students submit their resumes to international or Chinese law firms in Beijing for summer law clerk positions.

University of Florida President Bernie Machen talks of “a university that sees its mission in the global arena.” UF Law’s Chinese connections are extending that mission.

Last summer, Zhu Li, a judge in the Intellectual Property Division of the Supreme People’s Court of China, studied with Sokol under a program sponsored by USAID, a federal agency. Li said a new Chinese law against monopoly practices convinced him that he should come to America to learn from a country that has been enforcing antitrust laws since the 19th century.

Last spring, Sokol co-organized a conference on Competition and the Role of the State at the University of Hong Kong and co-edited a forthcoming book on the same topic. Li said Sokol’s reputation in Asia as a global antitrust expert drew him to campus. While in Gainesville, Li delivered a presentation for faculty from other campus departments and for business leaders from Central Florida on how intellectual property rights are enforced in China.

This summer, Sokol will go to Beijing to train Li’s colleagues on the Supreme People’s Court on antitrust law. Meanwhile, Sokol is working on a survey of how merger decisions are made by the Chinese government.

Under an exchange with the Central University for Finance and Economics in Beijing set up by Stuart Cohn, associate dean for international studies, Jiaxian Zhu was the first Chinese professor to teach at UF Law. She taught a course on carbon trading during the fall semester.

Michael Seigel, University of Florida Research Foundation Professor of Law, will return the favor with a month-long course starting in April. The teaching stint for Seigel, who will take over from Cohn next year as associate dean for international studies, illustrates the growing depth of U.S.-China commercial relations.

Seigel, a former federal prosecutor and expert on white collar crime, will teach Chinese students how to give their Chinese clients advice that keeps them out of trouble, or even jail, while doing business in the U.S.

“White collar crime is the dark side, I would say, of business law,” Seigel said. “It’s teaching where that line is between regulatory compliance and … criminal behavior. The line between regulatory noncompliance and criminal behavior is very, very thin.”