“Experts: Hazing case could be tough” (March 17, 2012, St. Augustine Record)

This article looks at challenges prosecutors are facing in the hazing death of Florida A&M student Robert Champion last November. Dekle discussed how some witnesses might be uncooperative and difficult to work with in a case like this.

From the article:
There could be potentially dozens of versions of what happened on the bus. Some witnesses will likely be reluctant to cooperate because they don’t want to be implicated or because they feel sympathy for, or an alliance with, the individuals who are considered most culpable, said professor Bob Dekle, who teaches legal skills at the University of Florida’s law school in Gainesville.

“Reluctant witnesses can sometimes be difficult to handle and difficult to get to court and difficult to answer questions on the witness stand,” said Dekle, a retired assistant state attorney. “Just because a crime has occurred, that doesn’t mean you can prove it — and being able to prove it depends in large measure on witnesses.”

Berta Hernandez-Truyol 
Levin Mabie & Levin Professor of Law

“Gainesville city officials take stand against Arizona illegal immigration law” (March 20, 2012, The Alligator)

This article reports hat Gainesville has joined a legal brief to oppose an Arizona immigration law that gives police officers the right to stop or arrest anyone who they suspect might be an illegal immigrant.

From the article:
The federal government, not individual states, has the right to pass immigration laws, said Berta Hernandez-Truyol, a UF law professor and expert in human rights law. However, states can pass laws that deal indirectly with immigration.

Briefs like this one are filed by parties that are not involved in the case but would like to express their support for one side, she said.

“This clearly signals that Gainesville believes we should treat people fairly and not single out a certain population,” Hernandez-Truyol said.

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

“Professor discusses potential impact of media coverage before Trayvon Martin trial” (March 20, 2012, WUFT, 89.1)

This radio segment points out that as news unfolds in the Trayvon Martin case, many news outlets have been issuing corrections to stories that included incorrect information. Lidsky discusses how prior knowledge of a case may or may not impact a jury’s decision in a case, and said the call for further investigation is warranted.

From the interview:
“There definitely are procedures in place to try to make sure that errors in pretrial publicity don’t prejudice the outcome of criminal trials.”

Joseph Little
Professor Emeritus

“Tuition rate setting debate goes to higher court” (March 16, 2012, WUFT, 89.1)

This radio segment looks at questions and background surrounding the ongoing debate about who should set tuition rates at state universities, a case which the Florida Supreme Court recently decided to hear. Little explained that the basis of the debate is whether the Board of Governors or Legislature should set tuition rates. After the Board was granted control, an appellate court then ruled that the Legislature should have that power. Little said this next decision should settle it once and for all.

Kenneth Nunn 
Professor of Law

“Trayvon Martin: Sanford officials, Rep. Corrine Brown, meet with Justice officials in Washington” (March 20, 2012, Orlando Sentinel),

In this article, which recounts the latest news in the Trayvon Martin case, Nunn addressed the likelihood of the Justice Department charging shooter George Zimmerman with any civil rights violations.

From the article:
Kenneth Nunn, a civil rights expert on the faculty at the University of Florida Levin College of Law, said Tuesday that the Department of Justice seldom charges people with civil rights violations and that those charges are unlikely in this case, unless investigators come up with compelling new evidence.

They will look for signs that Zimmerman intentionally set out to deprive Trayvon of his right to life, Nunn said.

“You have to show that it’s willful,” said Nunn. “You can’t show that it was negligence or stupidity. You have to show it was intentional.

Also appeared in: http://www.wsbt.com/news/os-trayvon-martin-doj-investigation-20120320,0,4710790,full.story

Michael Seigel
University of Florida Research Foundation Professor of Law; Director, Criminal Justice Center

On March 2, Seigel gave a lecture entitled “Criminal Evidence Update, State and Federal Courts” at the Topics in Evidence Seminar sponsored by The Florida Bar Continuing Legal Education Committee, Code & Rules of Evidence Committee, Criminal Law Section, and Trial Lawyers Section. The lecture took place in Tampa.

“Stand your ground” laws and the Trayvon Martin case” (March 20, 2012, 89.3 KPCC, NPR affiliate in Los Angeles)

Seigel was a guest panelist on this radio program that looked at the Trayvon Martin case and Florida’s “Stand Your Ground” law, which allows a person to use deadly force if he or she feels physically threatened in a public space. Seigel offered some background on the law and how it replaced the previous “Duty to Retreat” law.

From the interview:
“If the judge believes you were defending yourself lawfully, he or she can dismiss the case and not even allow it to go to a jury.”

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

On March 14, Wolf made a presentation on “How to Make Sea-Level-Rise Adaptation Strategies Takings-Proof” at the Environmental Law Distinguished Lecture 25th Anniversary Symposium at the FSU College of Law.

In a David vs. Goliath of the digital age, Keith Fernandez (2L), along with friends Nicolas Jimenez and Giancarlo Sopo, is petitioning Pope Benedict XVI to set aside a minute to meet with Cuban dissidents today through Wednesday in hopes of bringing attention to Cuba’s “oppressive and tyrannical regime” during the Vatican’s first papal visit to the island nation in nearly 15 years.

And Fernandez, who is Catholic, is doing it all through Facebook.

“You can reach the entire world,” Fernandez said. “The real power of social media is getting the word out when traditional media can’t or doesn’t have time to get the word out.”

And in an Orwellian state of controlled media like Cuba, where, according to a 2009 Human Rights Watch report, people “live in perpetual fear” of merely expressing their views, traditional media is shoddy and largely worthless.

“We’re acting as a megaphone for the things people in Cuba are saying,” Jimenez said.

So armed with status updates, wall posts and a One Cuba petition Facebook page, the second-year law student and second-generation American is hoping to grab the attention of the pope, who, as of March 20, had 38,355 Facebook fans.

Fernandez, with his 793 Facebook friends, acknowledged the uphill battle he faces in attracting the attention of His Holiness.

“I’m well aware of geopolitics and what it takes to make one of these visits happen,” Fernandez said. “But the pope is the pope. If he says he’s going to Cuba and meet with Cubans, then he should go to Cuba and meet with Cubans.”

But the Facebook petition to Pope Benedict XVI, which was delivered Friday to a University of Miami professor before being delivered to Vatican officials is no ordinary petition. The papal plea has already attracted the support of U.S. Rep. Debbie Wasserman Schultz, D-Florida, Democratic National Committee chairwoman; U.S. Rep. Ileana Ros-Lehtinen, R-Florida, chairwoman of House Committee on Foreign Affairs, and garnered national media attention from FOX News, the Miami Herald and MSNBC.

Fernandez’s social media social change is just the latest cause the Millennial Generation is hoping to influence through a series of tweets and wall postings.

Earlier this month, social media websites across the world backed the nonprofit organization Invisible Children’s “Kony 2012,” a public awareness plea for the capture and arrest of the Ugandan warlord Joseph Kony. The half-hour YouTube video explaining the Kony 2012 movement had amassed more than 79 million views by March 15 in addition to tweets from powerhouse celebrities like Oprah Winfrey, Sean “P. Diddy” Combs and Rihanna.

And early last year, when Egyptians overthrew President Hosni Mubarak, Twitter provided the world an unedited, raw view into the world as traditional media outlets struggled to stay relevant and up to date.

“(Our petition) is on Facebook because that’s where our generation is,” Fernandez said.

But Fernandez realizes his petition is about much more than his generation. The petition itself quotes a fellow revolutionary from a different time, Dr. Martin Luther King Jr. And Fernandez finds it difficult to speak about the oppressed Cubans without mentioning his grandparents, whose home and business were confiscated by the Cuban government during the Cuban Revolution.

“This is definitely about showing my grandparents their sacrifice was worth it,” Fernandez said, saying his experiences as a law student and a former congressional intern and aide to Ros-Lehtinen, are because of his grandparents.

But in a nation where 85 percent of the 11 million people identify as Roman Catholic, Fernandez said the petition boils down to one thing: hope that the world can know what Cubans themselves can’t say.

“If I learned anything from my grandparents, it would be, ‘If you believe in something, do it,’” Fernandez said. “So that’s why I’m here.”

To sign the petition to Pope Benedict XVI, visit Facebook.com/Onecuba.

Members of NBLSA attended a gala as part of the convention.

University of Florida Levin College of Law students traveled to the nation’s capital for the National Black Law Students Association annual convention.

The 44th convention, which took place March 7 through March 11, gave law students the opportunity to network, attend workshops, conduct community service, and compete in one of the three competitions.

Four University of Florida Levin College of Law students turned out for the 6th annual international negotiation competition.

Vivian Seymour (3L), Mikalla Davis (3L), Keisha Edwards (2L), and Gisselle Martinez (2L) paired up in two rounds of negotiations. This year’s competition challenged students to negotiate a solution to the Greek economic crisis.

“The average score for our negotiations was 96 out of 100. I think our high score speaks to the caliber of the competitors and the professionalism that all the teams in the competition put forth,” Seymour said.

Although Seymour did not advance in the competition, she found the experience of advocating for a client educational since she applied skills she learned from semesters of negotiation classes and clinics to the competition. She also picked up new negotiating tactics along the way.

“It was an exhilarating experience to negotiate,” she said.

Also present at the convention was UF Law student Anitra Raiford (3L), the national director of membership for NBLSA.

Raiford has been involved with NBLSA for two years, where she previously served as the southern region parliamentarian. Raiford’s duties as director of membership include overseeing national enrollment, coordinating partnerships with businesses to provide benefits for NBLSA members, and organizing membership receptions, amongst other activities.

For the convention, Raiford organized a panel called “Sister to Sister,” which brought female attorneys and students together for a discussion about legal practice. She said the panel was so popular that some attendees had to stand.

Raiford also helped coordinate the annual A. Leon Higginbotham luncheon and implement the pre-law division panels.

“It was a huge success. We had the most attendees ever,” Raiford said of the convention.

Lisa Thelwell (3L), the national director of communications for NBLSA, is responsible for developing the communications strategy for the organization and overseeing all membership publications, such as the organization’s official magazine and the national website.

After serving as the recording secretary of the southern region of NBLSA last year, Thelwell began to appreciate the role NBLSA plays in assisting black law students, especially those without family members in the legal profession.

“Becoming active in NBLSA is by far one of the most memorable experiences of my law school career,” Thelwell said. “The organization has helped me to grow professionally in ways that I could not imagine.”

Before and during the convention, Thelwell and a team were responsible for marketing and promotion, including updates to the website, and informing the membership and the general public about the convention. She also served as a chair for two panels during the convention.

For her tireless efforts in promoting NBLSA, Thelwell received the NBLSA Board Member of the Year award, which recognizes a board member who has demonstrated outstanding service to NBLSA.

Also in attendance was Miaya McCray (2L), chapter president of the W. George Allen Black Law Student Association (BLSA). McCray is also a member of the southern region of NBLSA and acts as regional director of community service.

“The ability to learn and network with other members of NBLSA, black attorneys and supporters of the organization, be they black or of another race, was incredible,” McCray said about the first NBLSA convention she had the chance to attend.

Although this year’s competition is over, McCray and Raiford encourage law students to attend future NBLSA conventions for its discussion of diversity, networking benefits and educational opportunities.

“I think that conventions are a way of discussing and addressing the state of the black law student as well as the black legal professional. Attending conventions offers perspectives from diverse religious, regional, and cultural aspects,” said McCray.

Raiford agreed, saying, “I would highly recommend that all law students, and not just NBLSA members, attend the National Convention because it has so much to offer. There are so many opportunities made accessible to law students that are not generally available.”

Administrators Alyson Flournoy, Debra Staats, Dean Robert Jerry and Rachel Inman address student issues and concerns in a town hall meeting last week. (Photo by Kim Burroughs)

Last week, the John Marshall Bar Association hosted UF Law’s latest Town Hall Meeting where administrators addressed concerns and answered questions raised by students about topics that included discussion of a student lounge where students can relax and socialize, exam schedules and the ongoing quest for the perfect hot food option in the cafeteria.

Dean Robert Jerry began the meeting with a few announcements, beginning with the continuing news of the difficult legal job market. He said there are some signs of improvement recently, but it continues to be a challenge.

“I can assure you our alumni have been extremely helpful in trying to help our students find meaningful opportunities after graduation, and our career development office has worked very hard on this,” he said.

He also addressed the recent U.S. News & World Report graduate school rankings in which UF Law placed 48th overall and 25th among public schools, and noted that although UF Law applications are down, the downswing tracks with the national trend.

The first topic addressed the addition or reconfiguring of a student lounge area. Associate Dean for Administrative and Fiscal Affairs Debra Staats listened to students’ concerns that the current area downstairs in Bruton-Geer Hall is not conducive to relaxing and socializing. Options include changing the second-floor Bruton-Geer study area to a more traditional student lounge with couches and televisions or computer monitors for students to use. Staats said administrators will take this into consideration and continue to explore options.

Other topics included the installation of a card swipe on the second floor of Bruton-Geer Hall, which is currently on the way; nonworking electrical outlets in the library cubbies; and the possibility of getting an ATM on campus.

Staats said all the electrical outlets were working at the end of the fall semester and any that are not working will be repaired. Staats also said Wells-Fargo, which the University of Florida maintains a contract with, does not believe there would be enough traffic to merit installation of an ATM on the law school campus.

Associate Dean for Students Rachel Inman said a request was made to extend the hours of the cafeteria Starbucks during the exam period. She said administrators will be mindful in trying to take the exam schedule into consideration in relation to the hours the Starbucks will operate.

Inman then drew some laughs from the crowd as she read a student request about the hot food lunch option.

“Someone said ‘I love the hot lunch option, however, could we mix it up a little more? One time we had Panda Express instead of Pollo Tropical and that was great, thank you.’ And then they say, “but by the way can we please have Chic-fil-A?’”

The topic elicited a wide variety of opinions, ranging from changing Starbucks to a Subway, to having a Starbucks-Subway combination, to expanding the capabilities of the food service area for an expanded menu with items like french fries and other hot items.

Inman said another survey will be conducted before the end of the semester to help determine what will best meet the needs of the students, but any decisions will have to be cleared through Aramark, which is responsible for the food vendors on campus.

Inman also addressed concerns of reducing exam scheduling conflicts and time in between exams and said administrators will continue to work toward an option that will work best for the most students.

Alfred Brophy, Judge John J. Parker Distinguished Professor of Law at the University of North Carolina, spoke March 21 as the CSRRR spring lecture speaker. He stands here with UF Law Professor Katheryn Russell-Brown. (Photo by Marcela Suter)

By Francie Weinberg
Student writer

Though many Americans view the Constitution as a beacon of freedom, Southerners in the antebellum period used it to justify their actions as slaveholders.

“Our nation’s journey toward freedom was shamefully long,” said Alfred Brophy, Judge John J. Parker Distinguished Professor of Law at the University of North Carolina. “Southerners believed slavery could not be undone without having to undo all of society.”

Brophy, who was instrumental in getting the University of Alabama to apologize for its participation in slaveholding, presented this and other ideas Wednesday during his lecture, “Slavery, Secession and the Constitution,” during the ninth annual University of Florida Levin College of Law Center for the Study of Race and Race Relations spring lecture.

Brophy tied together the views of prominent Southerners including John C. Calhoun and Thomas Cobb with the pro-slavery actions of universities in the South to prove how they used the Constitution to continue the forced labor system almost a century after the Declaration of Independence.

“They were no longer in the world of Jefferson’s ‘all people are created equal,’” Brophy said. “Southerners had this sense that slavery was a foundation not just of Southern economy but of freedom for white people.”

Through the use of history, philosophy, economics and law, key governmental figures in the South convinced universities, such as Virginia Military Institute, that the Constitution had been perverted by Northerners.

“The Constitution gave the South political power and made abolition of slavery significantly more difficult,” he said. “We should learn about Constitutional culture to understand the close relationship between formal law and its surrounding ideas.”

Brophy said the Constitution, whether interpreted for good or evil, is a central vehicle in understanding both the Civil War and the American experience.

“We have to realize how much Southern advocacy bent a more normal interpretation of the Constitution,” he said. “Only then can we fully understand this struggle in its entirety.”

Brophy’s work includes the books: Reconstructing the Dreamland: The Tulsa Riot of 1921, Race, Reparations, Reconciliation and Reparations Pro and Con, as well as the co-authorship of Integrating Spaces: Poverty Law and Race.

“Through his work he shows not just that race matters but how, for whom and why all of us should care,” said Katheryn Russell-Brown, director of the Center for the Study of Race and Race Relations.

Every year the center invites a legal scholar who writes, teaches and researches at the intersections of race, law and justice. Lecturers in years past have included Professor Charles Ogletree of Harvard Law and Professor Robert S. Chang of Seattle University School of Law. The Center for the Study of Race and Race Relations’ objective is to recognize and celebrate scholarship that focuses unblinkingly on race, and to highlight scholars who engage in critical thinking about race. They also strive to feature work that signals new and creative thinking about race and race relations.

Considering the obstacles, you might call it a modern miracle. In the face of dwindling state support and increasingly tough times for higher education as state revenues plummeted in the wake of the Great Recession, the University of Florida Levin College of Law has rallied its alumni and friends during the past decade in a $30 million effort to completely transform, enlarge and upgrade its facilities and offer more scholarship and faculty support.

“We’ve had to manage our money very carefully,” said UF Law Dean Robert Jerry. “But we’ve been able to continue to move forward when other schools have not thanks to the generosity and foresight of our graduates and their families as well as others who believe in the value of what we do here. This facility wraps up a decade of transformation for our law school, particularly in its physical facilities.”

The college will formally dedicate its newest building, the Martin H. Levin Advocacy Center, March 30, with its presentation to UF President Bernie Machen. Another surprise is that the sleek 19,500 square-foot building with its dramatic, two-story curved glass foyer has earned the gold LEED rating for its energy efficient and environmentally friendly design, a tribute to its architects. The rating is based on features such as the use of low-flow faucets, waterless urinals, reflective building materials and designs to optimize energy performance. According to the March 14, 2011, LEED report, 1.5 tons of construction waste water was diverted from landfills during the building’s construction and potable water use has been reduced by 55 percent from fittings and fixtures. Energy efficiency measures include high efficiency glazing, reduced interior lighting power density, occupancy sensors and a district chilled water system. The Leadership in Energy and Environmental Design Rating System was designed by the U.S. Green Building Council to encourage more environmentally sustainable buildings.

Proud participants at the dedication will be the Levin family, who made the building – as well as numerous other improvements at the school – possible.

Machen noted that Fredric G. Levin (JD 61) donated $10 million to the law school in 1999. At the time it was the largest gift ever given to UF.

“When the history of this law school is recounted 50 or 100 years from now, Fred Levin will be known as a transformative force,” Machen said.

The center is named after Fredric’s son, Martin Levin (JD 88), who serves as general counsel for the Washington, D.C.-based Robert F. Kennedy Center for Justice and Human Rights. He illuminated what has driven his father to become the prime benefactor of UF Law in general and the advocacy center in particular when the opening of the center’s 4,000-square-foot courtroom was celebrated last year.

He said his father believes that advocacy is a way of arriving at conclusions that instill confidence in the advocate to speak even if the point of view is unpopular. The meticulous research and critical thinking upon which advocacy relies allows conclusions based on reality rather than self-interest, Martin Levin said.

“It’s very simple. Dad honestly believes that advocacy is the single-most important action that can sustain this country’s greatness and, certainly, sustain justice,” said Martin Levin, who finished first in his class at UF Law and holds two advanced degrees from Harvard as well as an undergraduate degree from Stanford.

Martin Levin said his father has done this regularly during his 50-year career. “He spoke out no matter what the consequences were going to be to him. He never backed down.”

“I’m very privileged and honored to do this for Allen and to live the legacy of this incredible family,” Teri Levin announced at the courtroom dedication. Her $1 million donation in the name of her late husband, Allen Levin, a Pensacola developer, allowed the Teri and Allen Levin Advocacy Center Suite on the second floor, which includes two new multipurpose courtroom classrooms and offices for Legal Research and Writing faculty and practice areas for student trial and moot court teams, to be completed this summer.

Teri Levin noted that she gave the money for the advocacy center at the guidance and encouragement of her brother-in-law Fredric G. Levin, who also donated $2 million for construction of the advocacy center.

“I hope with the facility here, the advocacy center, that it will become the go-to place for young law students who want to become trial lawyers and they certainly have the facility to do it,” said Fredric Levin, a renowned trial lawyer. “I have tried cases all over the country. I’ve never seen a more beautiful courtroom or a more well-equipped courtroom.”

Architect Sol J. Fleischman Jr., A.I.A., CEO of Tampa-based FleischmanGarcia, said the courtroom is geared to its teaching function through monitors, data, phone and Internet connections, and especially the tiered seating giving students a clear view of the proceedings. The cherry-paneled walls and leather chairs give it the stately grace appropriate for Florida’s flagship law school.