FlaLaw » 2012 » February » 13

Trial Team goes undefeated in recent competition

wsmitty@ufl.edu — Mon, 13 Feb 2012 18:07:09 +0000

3L advocates Karen Middlekauff and Tara Tedrow, along with witnesses Josh Wertheim and Sarah Carpenter, went undefeated at The Florida Bar Competition in Orlando in late January. The requirement for advancing to the semifinal rounds was an undefeated record in the preliminary rounds. With 22 teams competing, more than four teams went undefeated, leaving a minor overall point differential as the deciding factor as to which undefeated teams advanced. Despite not advancing to the semifinals, the Florida Trial Team is proud of their undefeated performance. 2L advocates Matthew Baker, Lauren Lewis, Dana Somerstein and Ben Baird also competed in the competition.

Johnston quoted extensively, favorably in recent California Supreme Court case

wsmitty@ufl.edu — Mon, 13 Feb 2012 18:05:05 +0000

The following language from a recent California Supreme Court case (People v. Johnson) looks extensively and favorably upon Professor Lea Johnston’s work: “Two thoughtful law review articles have suggested more specific standards … Drawing on ‘social problem-solving theory,’ [the second] article suggests a more technical standard: ‘[P]roblem-solving theory suggests that, to represent oneself at a criminal trial, one should possess foundational abilities to perceive problematic situations, generate alternative courses of action, maintain mental organization, and communicate decisions to a functionary of the court. Within the context of a prosecution, a defendant should also possess the ability to identify a plausible source of the prosecution, an ability to gather information to evaluate the state’s case, a willingness to attend to the prosecution, and an ability to withstand the stress of trial. Finally, for certain key decisions, such as selecting the defense to pursue at trial, a defendant should be capable of justifying a decision with a plausible reason.’ (Johnston, Representational Competence: Defining the Limits of the Right to Self-representation at Trial (2011) 86 Notre Dame L.Rev. 523, 595.) All of these suggested standards are plausible. But we are constrained by the circumstance that what is permissible is only what Edwards permits, not what pre-Faretta California law permitted … At this point, at least, we also think it best not to adopt a more specific standard. The discussion in People v. Burnett, supra, 188 Cal.App.3d at page 1327, and the standards suggested in the two law review articles quoted above are helpful to the extent they suggest relevant factors to consider. Experts asked to examine defendants for this purpose, and trial courts called on to make these rulings, may consider these factors in their examinations and rulings. …”

Faculty scholarship and activites

wsmitty@ufl.edu — Mon, 13 Feb 2012 18:01:58 +0000

Pascale Bishop
Assistant Dean of Career Development

“It’s a buyer’s market for young legal talent” (Feb. 2, 2012, Florida Trend)

Bishop addressed the legal job market and current hiring process in the current economy.

From the article:
“They want the security of having a job at graduation, but the market is making them wait,” Bishop says. More often, only the top-ranked graduates are offered law jobs within the first six months of receiving their degree, and Bishop says more are looking at using their law degrees in alternate careers.

Paul R. Gugliuzza
Visiting Assistant Professor

Gugliuzza presented his paper “Rethinking Federal Circuit Jurisdiction” at the Junior Faculty Federal Courts Workshop in Miami.

Diane Mazur
Professor of Law

The Fordham International Law Journal published an article reviewing Mazur’s book A More Perfect Military: How the Constitution Can Make Our Military Stronger. An excerpt is available here.

Daniel Sokol
Associate Professor of Law

Sokol presented his working paper on cartels and corporate monitors at a conference sponsored and hosted by NYU School of Law.

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

Wolf recently published “A Yellow Light for ‘Green Zoning’: Some Words of Caution About Incorporating Green Building Standards into Local Land Use Law” 43 URBAN LAWYER 949 (2011).

Student shares South Africa study abroad experience

wsmitty@ufl.edu — Mon, 13 Feb 2012 17:56:36 +0000

Ali Wender (3L) rides an ostrich at a farm in South Africa during her summer study abroad trip in 2010.

By Ali Wender
Guest writer

When first asked to a write a brief article about my summer study abroad through the University of Florida’s Levin College of Law Program at the University of Cape Town (affectionately known as UCT), I was oddly motivated. Even two years later I was still eager to share my experience with whoever would listen. However, I have never been good at giving the abridged version of things, and those who know me can attest to my long-winded chronicles of my extraordinary summer spent in South Africa.

After scouring old emails from that summer, in the hopes of narrowing down some highlights, I figured the most accurate portrayal of my experience would be to make public an email I sent to friends when I first arrived in Cape Town. I apologize in advance for the glaring spelling/grammar errors and often bordering on a little T.M.I., but you wanted to know, or at least found yourself bored in class reading FlaLaw Online.

Sent June 30, 2010

“Mis amigos favoritos! Now I apologize for the dreaded mass email but given that there are cheetahs to see, ostrich to ride, mountains to climb, World Cup games to sneak into, bungee jumps to dominate, sharks to dive with, penguins to cuddle with, and mostly because I am dying to share with everybody, but could not send the individual emails that everyone so deserves, this email narrating my misadventures thus far, will just have to do.

26 hours, 3 flights, crying babies, screaming soccer fans, middle seats, bad airplane food, numerous mini bottles of wine, and 2 sleeping pills later, I arrived safe and somewhat sound to Cape Town. Next time, please someone remind me that in fact I am not a hippie backpacker and should splurge for the nonstop flight.

But, it was all worth it. Cape Town is a beautiful city, surrounded by the ominous Table Mountain engulfed in between two oceans, the Atlantic and Indian. Cape Town is like most modern cities, not at all what you think of when you think of Africa, Africa. Its winter here so clearly as a Floridian I packed flip flops, and shorts for which I am constantly inappropriately dressed.

I am staying in this little university suburb called Rondebosch (10 minute cab ride from downtown) right near the University of Cape Town, and it reminds me of any university area: cheap restaurants, bars, convenience stores, and is very safe especially during the day. I’ve been going nonstop since I got here so I haven’t explored as much as I’d like and then there is always a soccer game to go to. I went to my first World Cup game Italy v. Paraguay it was insane. If you have been watching any of the games you are sure to hear the screeching of the vuvuzelas, which are nonstop every morning at 6 a.m., a lovely wake-up call.

Students in the South Africa study abroad program at the University of Cape Town benefit from a dual focus on comparative and international law. American and South African professors will draw upon their experiences in their respective systems to highlight the similarities and differences in the administration of justice in the United States and South Africa.

The program runs June 11 – July 6 and allows you to live in and enjoy a rich culture, while studying law amidst the historic legal, political and social changes occurring in South Africa.

This six-credit program includes Comparative Constitutional Law (Professor Sharon Rush), Introduction to South African Law (UCT Professor Paleker), and Comparative Alternative Dispute Resolution (Dean Rachel Inman). Enrollment is limited to 27 U.S. students. In addition, a number of students from the University of Cape Town enroll in Comparative Constitutional Law.

Deadline for applications is March 23. You can apply here. Direct questions to the program’s directors Dean Rachel Inman and Professor Sharon Rush and the Director of Student Programs Michelle Ocepek atocepek@law.ufl.edu or 273-0620.

This past weekend, the motley crew, a group of 20 law students from all over the country, went on a vineyard tour of Stellenbosch Valley which incorporates over 30 wineries; each with its own unique blend of grapes and farm to fresh restaurants situated intimately within the vineyards. The following day, a group of us from the program organized a drive down the Garden Route; picture Southern California’s Pacific Coast highway but more exotic. Along the way we stopped at little beach towns until reaching our final destination to Boulkran’s bridge, the world’s highest bungee jump (and yes you will each be receiving a complimentary copy of my bungee DVD.). After 30 seconds of pure adrenalin, we spent the night in a local campsite and enjoyed a decadent South Africa Braai-up which is basically just every kind of meat you could imagine.

After passing out in a food coma, I awoke the next day for a canopy, zip-lining tour in the trees, followed by a ride to an ostrich farm to race ostriches, a personal favorite of mine. They are the oddest creatures, but I secretly wanted to steal one as a pet. Actually I take that back, what I really want is a pet penguin, which I got to play with (aka watch from afar) on a class trip to Cape Point. What I do not want as a pet is a baboon. A pack of them ran out into the road in front of our bus and basically began to mate- pick at themselves in front of us. Nevertheless, it was all worth it as Cape Point is one of the most beautiful places I have ever seen. It’s where the Atlantic and Indian Ocean meet, the southern-western most point on the African Continent on this giant cliff overlooking the world.

And now what I know you have all been waiting in anticipation for, the most important part (this is for you Mom): the classes. Honestly this is what originally attracted me to the program as I am interested in international law and have little, if any exposure, with that practice field. I am taking three classes at UCT: Comparative Constitutional law, Law & Politics in South Africa and Intro to South African Law. Comparative Con. Law is especially intriguing as we are in class with other UCT students who have very unique and quite opinionated views on American Law and the state of South African law. Plus it has given us a chance to meet South Africans who know the best places to eat and drink (of course this aspect is vital to me). Additionally, the facility at UCT has exposed us to some international human rights attorneys whom I can beg for a job

So basically this old lady is exhausted but happy and has come to terms with the decision that we all need to move to South Africa. It’s an incredible country where I still have so much to do and see; I still need to play with sharks and climb Table Mountain. I am sad that the time is going by so fast but can’t wait for what happens next.

Hope you are all having a nice, warm and relaxing summer.

Bafana, Bafana!
-Ali Wender

This article was submitted by 3L Ali Wender, who studied abroad in South Africa in the summer of 2010.

UF Law Moot Court prepares for Maguire competition, welcomes distinguished judges

wsmitty@ufl.edu — Mon, 13 Feb 2012 17:52:17 +0000

Moot Court members clockwise from left, Dylan Shea, Dan Lazaro, Andrew Labbe, Leigh Anne Siddle, Jordan Peterson and Kelsey Veitengruber prepare for the annual Maguire competition Friday.

The University of Florida Levin College of Law on Friday will welcome a distinguished panel of Florida judges to preside over the 28th annual Maguire Appellate Advocacy Competition. The competition begins at 10 a.m. in the Martin H. Levin Advocacy Center courtroom. The event is free and open to the public. It will also be streamed live here.

This year’s panel includes Senior United States District Judge William Terrell Hodges, from the Middle District of Florida; First District Court of Appeal’s Judges Stephane W. Ray and Bradford L. Thomas; and United States Magistrate Judge Thomas B. Smith from the Middle District of Florida.

“We are honored to host such a distinguished panel of judges,” said Leigh Anne Siddle (3L), president of the Florida Moot Court Team. “Their assistance in preparing our competitors will ensure success in the upcoming American Bar Association National Appellate Advocacy Competition. We encourage all to attend to witness excellence in oral advocacy.”

The Maguire competition provides the Florida Moot Court Team with valuable practice and the distinguished panel will provide useful critiques regarding their oral arguments before the teams proceed to compete in the premier ABA competition. This year’s competitors are Daniel Lazaro (3L), Jordan Peterson (3L), Dylan Shea (2L) and Andrew Labbe (3L). The competitors are supported by alternates Leigh Anne Siddle (3L) and Kelsey Veitengruber (2L).

One of the foremost national moot court teams, the Florida Moot Court Team competes each year at over a dozen tournaments throughout the country. Founded in 1961, the team’s mission is to promote excellence in appellate advocacy. Most recently, the Florida Moot Court Team accomplished this goal at the Andrews Kurth Moot Court National Championship in Houston. This competition is an invitation-only event extended to the top-ranked national teams. At this competition, team member Alex Landback won National Best Speaker for the entire competition.

Originally, the Maguire Appellate Advocacy Competition was sponsored by the Orlando law firm of Maguire, Voorhis & Wells, P.A. The competition is named after Raymer F. Maguire, Jr., son of the founder of Maguire, Voorhis & Wells, P.A., managing partner of the firm, and UF Law alumnus. In the summer of 1998, Maguire, Voorhis & Wells, P.A. merged with the law firm of Holland & Knight LLP, who also became a sponsor of the competition.

Former White House ‘energy czar’ Carol Browner to give keynote at UF Law’s 18th annual PIEC

wsmitty@ufl.edu — Mon, 13 Feb 2012 17:46:12 +0000

Carol Browner (JD 79) will give a keynote speech Feb. 24 during UF Law's 18th annual Public Interest Environmental Conference.

The University of Florida Levin College of Law will welcome alumna Carol Browner (JD 79), former director of the White House Office of Energy and Climate Change Policy, as keynote speaker for the 18th annual Public Interest Environmental Conference.

“Fishable? Swimmable? 40 Years of Water Law in Florida and the United States” will be held Feb. 23-25 at UF Law and will celebrate the 40th anniversary of two of the most significant laws guiding water policy in Florida — the federal Clean Water Act and the influential Florida Water Resources Act.

Browner has administered both acts during her career. She was Florida’s Secretary of Environmental Regulation from 1991 to 1993, before serving in President Bill Clinton’s cabinet as administrator of the Environmental Protection Agency from 1993 to 2001. Browner was the longest serving administrator in the agency’s history. According to Time Magazine, Clinton’s former chief of staff called her “the greatest administrator [the] EPA ever had.” More recently, Browner directed the White House Office of Energy and Climate Change Policy from 2009 to 2011 under President Barack Obama.

Browner has vast experience in developing environmental policies and helped initiate the Food Quality Protection Act, which brought pesticide use standards up to date, and worked with Congress to reauthorize the Safe Drinking Water Act.

The conference will bring together others who have played a valuable role in shaping Florida’s water policy.

The conference begins the evening of Feb. 23, with a reception featuring University of Kentucky Professor of Law Richard Ausness, one of the authors of the 1971 Model Water Code, upon which Florida’s groundbreaking water law was largely based. A plenary session the following morning will feature UF Law’s Richard Hamann and University of Virginia law professor and former EPA General Counsel Jonathan Cannon presenting a retrospective of both acts and the key cases and policy debates that have shaped them. The plenary will continue with a facilitated session of attorneys, lawmakers and administrators whose careers have shaped, and been shaped by, the Florida law.

A special brown-bag lunch event will feature authors of both recent and forthcoming “water books” discussing the role of writers in focusing attention on water policy in Florida, facilitated by Florida Trend Magazine‘s Cynthia Barnett. Afternoon concurrent panels will develop the themes of “Water+Quality,” “Water+Quantity” and “Water+Change.” The Friday night banquet will feature Browner as the keynote speaker.

Saturday’s sessions will be devoted to the current practice of water law and on the future of Florida’s water resources, including a forum led by the newly established Florida Conservation Coalition, a jobs session for Florida’s future environmental and land use lawyers, and a practice-based skills session sponsored by the Public Interest Committee of the Environmental and Land Use Law Section of The Florida Bar. The conference will wrap up with a facilitated session addressing the development of a water ethic in Florida.

To register, visit http://www.law.ufl.edu/piec/registration.shtml. To download this year’s agenda, go to http://www.law.ufl.edu/piec/pdf/PIEC-Agenda-2012.pdf.