“Golden Hills seeking bankruptcy protection” (Feb. 28, 2012, Ocala Star-Banner)

With the Golden Hills Golf and Turf Club filing for bankruptcy in February, this article looks at the causes and implications of the filing. Davis offered insight into what it means for a business to file for Chapter 11 bankruptcy.

From the article:
Chapter 11 bankruptcy isn’t the end for Golden Hills. They can still conduct business, but still owe some of their creditors money.

“Chapter 11 is known as business reorganization,” said Jeffrey Davis, a law professor at the University of Florida Levin College of Law. “The goal is to arrive at a plan that over time pays the secured creditors and the unsecured creditors under the terms.”

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

Lidsky’s article “Incendiary Speech and Social Media,” was just published in Texas Tech Law Review.

Lidsky traveled to Florida Coastal School of Law on March 2 to give a presentation at the Law Review’s Cyber Law Symposium.

Tom C.W. Lin
Assistant Professor of Law

Lin recently published “The Corporate Governance of Iconic Executives” in 87 Notre Dame L. Rev. 351 (2011).

Joseph Little
Professor Emeritus

“KEL law firm sues Better Business Bureau over rating system dispute” (Feb. 21, 2012,Orlando Sentinel)

KEL law firm in Orlando is suing the Better Business Bureau after the organization gave the law firm a rating of “F” because of client complaints. The law firm is claiming the bureau’s rating system is biased and flawed. Little stated that as long as the Better Business Bureau can back up its rating system and claims, its conclusions about businesses are protected speech.

From the article:
Still, a BBB agency can’t just publish information without proper due diligence to verify it, said Joseph W. Little, a professor emeritus at the University of Florida’s Levin College of Law. The burden would be on KEL to prove reckless negligence by the BBB, he said.

“The BBB has common law right to express fair comment and honest opinion based on true facts,” Little said. “If it does that, then it is protected speech and opinion, even though it is not the opinion the law firm would want them to have.”

“House passes random drug testing bill” (March 2, 2012, Associated Press)

The article addresses questions raised after the Florida House passed a bill that would allow state employees to submit to random drug tests. Little discussed the constitutionality if the bill were to become a law.

From the article:
For the plan to be constitutional, the state’s interest in testing employees for drugs must outweigh the employees’ right to privacy, said Joseph Little, a professor emeritus of constitutional law at the University of Florida’s Levin College of Law.

“There has to be something special about the employment, though, like law enforcement officers or those with a security clearance,” Little said. “But if there’s no special need, you probably can’t do it.”

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Justices seek input on how to handle new redistricting rules” (Feb. 29, 2012, The Miami Herald)

The Florida Supreme Court questioned lawyers representing Democrats and Republicans about how to interpret Florida’s new redistricting rules last month. Mills was on-hand to represent the Democrats and was quoted in the article.

From the article:
“You are the ultimate authority,” said Jon Mills, a University of Florida law professor and former House speaker arguing for the Florida Democratic Party. The Legislature’s interpretation “may be interesting but your interpretation is binding.”

Leonard Riskin
Chesterfield Smith Professor of Law

During the fall semester of 2011, Riskin was a visiting professor at Northwestern University School of Law. While there, he received a Dean’s Teaching Award for 2011-2012 (awarded by the dean, based on student evaluations).

In October, he gave two plenary presentations on “Managing and Connecting Inner and Outer Conflict: Integration of IFS and Conflict Resolution Theory and Practice,” at the international Conference of the Center for Self-Leadership in Boston and the Pre-Conference Workshop.

He also moderated a panel presentation on The Chicago Mortgage Foreclosure Mediation Program, sponsored by the Northwestern Law Hispanic Student’s Association and the John Marshall Law School Mediation Program.

Daniel Sokol
Associate Professor of Law

Sokol presented his early work “A Transaction Cost Economics Explanation of Law and Entrepreneurship Vertical Contracting” at IU Bloomington Mauer School of Law.

Jeff Wade
Director of Environmental Division, Center for Governmental Responsibility

On Feb. 17-18, Wade participated in a conference as part of the run-up to the UN Rio+20 Conference on Sustainable Development, scheduled for June of this year. The conference, titled “Contribution of International Environmental Law to Sustainable Development: Global and National Perspectives,” was held at the University of Delhi Faculty of Law in New Delhi, India. Wade presented a paper, “Coastal Development in an Unstable Climate: Precaution, Adaptation and Resilience,” and moderated a panel on marine pollution and coastal regulation.

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

Wolf made a presentation on judicial takings with Bill Treanor (Georgetown) at the Third Annual Meeting of the Association for Law, Property and Society, at Georgetown University Law Center in Washington, D.C., on March 2.

Competitors, from left, John Terwilleger (2L), Camilla Cohen (2L), Steve McCloskey (2L), Katherine Thomason (2L) and Hanna Edeback (2L) returned from Houston last month with a fifth-place finish out of 23 teams.

By Katherine Mockler (3L)

The University of Florida Philip C. Jessup International Law Moot Court team finished fifth out of 23 law schools at this year’s U.S. South Super Regional Competition.

The competition team, composed of Camilla Cohen (2L), Hanna Edeback (2L), Steve McCloskey (2L), John Terwilleger (2L) and Katherine Thomason (2L), and coached by team President Christian Packard (3L), Vice President Amy Levenberg (3L), and Secretary Katherine Mockler (3L), traveled Feb. 24-25 for the competition in Houston.

The team received an award for submitting a top-ranked memorial, which demonstrates the team’s excellent writing and research skills, and also gave exceptional performances during oral arguments, which advanced the team to the quarterfinalist round.

This year’s topic concerned the destruction of a historic cultural temple, intervention in a humanitarian crisis and the court’s jurisdiction for forced labor claims. Presenting arguments on often-undeveloped topics in international law before a mock International Court of Justice required significant preparation and practice. Guided by student coaches, team members invested 10 to 15 hours each week practicing, discussing and shaping arguments, while taking their normal full-time class schedule.

“I am proud the Jessup Team continues to finish at the top of a very competitive region,” said Jon Mills, dean emeritus and faculty advisor of the team. “Our team had great leadership and I expect we will continue to excel.”

The team has hardly paused to savor this record-setting victory, as its attention has already turned to next year’s competition.

John Terwilleger, rising president of the Jessup team, said “Jessup is a unique experience that gave us the opportunity to address world issues that we see on the news every day. We are looking forward to building next year’s team and we hope that any 1Ls or 2Ls who are interested in competing next year will come try out.”

The ABA Tax Challenge and the national tax moot court competition exercised the advocacy abilities and tax knowledge of the competitors through complicated tax questions designed to simulate real-world business problems.

Stephanie Malen (2L) and Caitlin Foster (2L) competed in the ABA Tax Challenge in San Diego on Feb. 17. Competitors submitted a memorandum and client letter, which was evaluated by a panel of judges. The top teams were flown to San Diego to defend their submissions in person. Malen and Foster excelled to the semi-finals.

“We look forward to another strong showing next year,” said Professor Steven J. Willis, the faculty adviser for Tax Moot Court.

Meanwhile, Michael Bruno (3L), Zachary Ritz (2L) and Adam Smith (3L) teamed up for the national tax moot court competition in Clearwater on Feb. 2. The national tax moot court competition is sponsored by the Florida Bar Tax Section and featured 16 teams.

The competitors wrote a brief and presented six appellate arguments to a panel of judges. Bruno, Ritz and Smith placed second in the competition, which is one of many accolades bestowed upon the Tax Moot Court team in recent years.

“We have fielded a team four times in this competition, placing second in 2009, second in 2010, first in 2011 and second in 2012,” said Willis.

Collins Brown helped to coach this year’s team in the national tax moot court competition. The team also received financial assistance from the Florida Moot Court team and a faculty member, both contributing a total of $2,400 to defray costs.

Competitors from left: Amanda Finley, Alexis Leventhal, Donna-Marie Hayle, Ashlie Tarpley, Amy Levenberg and Josh Bachman.

The Levin College of Law International Commercial Arbitration Moot (ICAM) team tied for first place at the Florida Vis Premoot at the University of Miami Feb. 25, marking the second consecutive first-place finish in this competition.

Seven law schools, including UF, Stetson University, Florida Coastal School of Law, Nova Southeastern University, Florida International University, University of Miami and Loyola University New Orleans, argued against five of the other six schools.

The team’s captain, Donna-Marie Hayle, placed second in the individual oralist competition.

The team will travel to Vienna in late March to participate in the International Vis Moot Competition. Each year, approximately 250 teams from law schools throughout the world compete in Vienna. This year, UF’s first four moots will be against teams from the University of Bern, the University of San Andres, the University of Geneva and the University of Ljubljana. After the first four rounds, the competition is narrowed to the top 64 teams, who then compete to determine the winner of the moot. Last year, UF progressed to the round of 32 before losing to Victoria University of Wellington, New Zealand.

The team is coached by Professors George Dawson and Jeffrey Harrison along with Florida alum Eddie Palmer (JD 85) of Miami. Numerous faculty assist in preparing the team including Professors Steve Powell, Danny Sokol, Jeffrey Davis and Larry DiMatteo.

Gainesville Mayor Craig Lowe visited campus as part of OUTLaw's OUT in the Field lecture series late last month. (Photo by Nicole Safker)

By Max Wihnyk (2L)

Gainesville Mayor Craig Lowe visited the University of Florida Levin College of Law to share his story as an openly gay politician.

OUTLaw: UF Law’s Gay & Straight Alliance, welcomed Lowe Feb. 28 as its inaugural speaker for the OUT in the Field Lecture Series in order to give students an idea of life in the “real world” as an out individual.

The purpose of the lecture series is to provide LGBTQ students an opportunity to hear from openly gay individuals in the field and what their experiences have been like. Lowe was sworn in as Gainesville’s mayor May 20, 2010, after serving the city of Gainesville for seven years as a city commissioner.

Lowe fostered an interest in politics since an early age, starting with his eighth grade class presidential campaign, where he also experienced homophobia. In that same campaign, he was subjected to slogans such as “Say No To Homo Lowe.”

“It was my first experience with a homophobic campaign,” Lowe said. “Although at the time I didn’t even really know what homosexuality was.”

Though Lowe lost his presidential bid that year, his passion for politics was voracious.

“As a young boy I was fascinated by politics,” Lowe told the nearly 30 people that attended the lecture. “I remember watching the nominations and debates on television.”

Lowe took a break from campaigning in order to earn his bachelor of science in agriculture in soil science from the University of Georgia, and in 1982 he received a master’s degree in zoology from the University of Florida. At the age of 46, 21 years later, Lowe embarked on his historic political career in Gainesville.

From 2003 through his swearing in as Mayor in 2010, Lowe served as a Gainesville City Commissioner. “I felt that whether it be in land use planning or issues of equality, we could do better, I could do better,” Lowe said.

Cries from opponents saying he was a one-issue candidate — referring to his sexuality — didn’t stop Lowe from championing wise transportation planning, better public safety and more equality. During his campaign for mayor, Lowe experienced growing homophobia and attacks on his sexuality.

The Dove Outreach Church, “a so-called church,” Lowe said, posted a sign, reading “No Homo Mayor,” which drew the eye of the national press to the Gainesville Mayoral Campaign.

Lowe told the UF Law audience that his opponents handed out fake flyers, purporting to be from the Lowe campaign, at conservative churches and door-to-door. The flyer read “As Mayor, I (Lowe) will allow men in women’s restrooms.” And while going door-to-door, opponents made it appear that Lowe would turn Gainesville into San Francisco.

Lowe won the election by 42 votes.

Lowe’s experience is an important one to be heard. As an openly gay politician and Gainesville’s first openly gay mayor, Lowe brought a bank of experiences and knowledge to the lecture.

His insight into what life is like beyond the walls of the classroom provide a window for LGBTQ students to see what life may be like after graduation. Lowe remarked that his experience as mayor has been a rewarding one, and that things are getting better.

Lowe is proud of Gainesville’s anti-discrimination laws and domestic partnership registry. But Lowe still cautions that “we are not there yet” and much is to be done.

Lowe encouraged those in attendance and beyond to stay involved and work to change the status quo, and that while we will always have homophobia, the youth need to take up the cause.

Commenting on marriage equality, Lowe said, “One day we will have a Supreme Court that says any marriage law that is against equality is unconstitutional.” He added, “It is a good thing to champion marriage equality, especially in Gainesville. It is basic human rights similar to Loving v. Virginia.”

When asked what LGBTQ students should do regarding the prospect of entering the professional world and reconciling with their sexuality. Lowe said it is important to decide as an individual to determine how they will be who they are.

He said it’s important to become involved in LGBTQ professional groups — such as OUTLaw and Pride Student Union — saying that they are a great networking place and mechanism for activism.

In regard to looking employment after graduation, Lowe suggested students should turn to LGBTQ directories for positions, and that big firms like Holland & Knight are open to hiring, regardless of sexual orientation.

Lowe ended his question and answer session with a plea to all those of voting age to register, vote and participate in the process to work for change.

Look for future OUTLaw events, including more from this series.

Max Wihnyk is a 2L and the president of OUTLaw.

Vicki L. Been, Boxer Family Professor of Law at New York University School of Law, addresses UF Law as the Wolf Family Lecture speaker Feb. 28. (Photo by Nicole Safker)

Since New York City Mayor Michael Bloomberg took office in 2002, the city has engaged in the rezoning of about 11,000 lots within its limits, which equals about one-quarter of its total land area. Even for one of the world’s largest cities, this is an unusually high level of rezoning, according to Vicki L. Been, Boxer Family Professor of Law at New York University School of Law.

As the guest lecturer for the fifth annual Wolf Family Lecture on American Law of Real Property, Been — who is also the director of the Furman Center for Real Estate and Urban Policy at NYU Law — examined this peculiar situation with her presentation, “Who Controls Land Use Regulation: The Urban Growth Machine versus Homevoters,” Feb. 28 at UF Law.

Been conducted an empirical study that attempted to gain insight into the reasons for such a high rate of rezoning in the past decade in New York City.

“There’s a wide variety of views about what motivates the people who make land use decisions,” Been said at the lecture. “These are members of the planning commission, or the members of the city council that has to vote on planning commission proposals, the mayor, or administrative agencies like the zoning board of appeals.”

These ideas about decision makers’ motivation are usually categorized into several land use theories, Been said. In her study, she chose to focus on two of the most developed and potentially revealing theories: the Urban Growth Machine theory, which is “a sort of unmitigated attempt to grow the city or grow the community,” and the Homevoters theory, which is about “the control that the homeowners have over the land use decisions.”

Been looked at a selection of 100 lots that were rezoned between 2003 and 2009 and compared a number of factors, including whether the lots were “downzoned” (more restrictive), “upzoned” (less restrictive) or “non-FAR zoning” (no major changes in floor-area ratio). The non-FAR zoned areas often required any new construction to be consistent in looks with existing structures.

The study revealed that there was about a 2 percent increase in the housing capacity in New York City, which could accommodate approximately 230,000 people in the next decade, but it is projected that the city will need to be able to accommodate about 1 million people during that time.

The overall results of Been’s study did not reveal a clear-cut conclusion about which theory may be driving the rezoning decisions in New York City. Results show some support for the Urbam Growth Machine theory, while other results lean more toward the Homevoters theory than was anticipated for a city of New York’s size.

Been said the results reveal the difficulties in articulating how theories involving land use politics will play out in practice and caution against any kind of broad presumptions about motivations behind land use decisions.

The Wolf Family Lecture Series was endowed by a gift from UF Law Professor Michael Allan Wolf, who holds the Richard E. Nelson Chair in Local Government Law, and his wife, Betty. Professor Wolf is the general editor of a 17-volume treatise, Powell on Real Property. The treatise is the most referenced real property treatise in the country and is cited regularly by the courts, including several citations in the U.S. Supreme Court.

The Wolf family’s strong ties to the University of Florida date back to the 1930s, when Professor Wolf’s father, Leonard Wolf, was a UF undergraduate. Since that time, two more generations of his descendants have made their way to Gainesville to study and work.

Past scholars who have delivered the Wolf Family Lecture in the American Law of Real Property include Thomas W. Merrill, Charles Evans Hughes Professor of Law at Columbia Law School; Gregory S. Alexander, A. Robert Noll Professor of Law at Cornell Law School; Lee Fennel, Max Pam Professor of Law at the University of Chicago; and Joseph William Singer, Bussey Professor of Law at Harvard Law School.