“I am not a liberal or a conservative; I annoy everybody,” he said. “I hate everybody and the feeling is mutual.”

Perpaps not as much as he lets on. In fact, nearly every seat in the University of Florida Levin College of Law’s Chesterfield Smith Ceremonial Classroom was filled by students, faculty, professors and judges March 23 for the 31st annual Florida Law Review’s Dunwody Distinguished Lecture in Law.

The Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law delivered the lecture “Judicial Review, Constitutional Interpretation and the Democratic Dilemma: Proposing a ‘Controlled Activism’ Alternative,” which focused on how the judicial branch is insulated from the rest of the government and how this allows the left and right wings to interpret the Constitution as they see fit.

“The goal of shaping a theory of judicial review has to be to balance the recognition of the role of the judiciary with its special need for humility, all growing out of the judiciary’s insulation from the political process,” Redish said.

He went on to explain the flaws in what he considered to be the two basic theories of constitutional interpretation based on this dilemma: originalism and non-textualism.

Originalism, a traditionally right-wing theory, seeks to reign in the judiciary to prevent it from imposing its own subjective political and ideological desires. Rather it provides an objective understanding of the Constitution, free from the judge’s own subjective political perspectives.

“This theory says we should be tied to the views of what the framers meant when they put those words in,” Redish said. “But if I ever see an original-meaning advocate coming to a definition that happens to differ with his ideological preferences, I might take it seriously. What an amazing coincidence it is that it always comes out on their side.”

Non-textualism, associated with the left, is a theory based on techniques of textual deconstructionism that Redish says claims that the Constitution means whatever the interpreter wants it to mean.

But both approaches are obviously too flawed to be seriously considered as appropriate responses to the judiciary dilemma, said Redish.

“In looking over these alternatives, I have the emotive reaction of a Bears fan to a Packers-Vikings game, in the perfect hope that somehow both will lose,” he said. “Neither represents an adequate reconciliation of the competing needs and the competing interests.”

Redish proposes a theory calls controlled activism. This is the recognition of the need for candor in which judges make laws. He said that the textual meaning of the Constitution should guide judges, but historical evidence should not be considered because judges are not historians and the data can so easily be manipulated to fit preconceived notions.

“Whatever flaws my notion has, I can take comfort in the fact that it cannot be worse than the two existing theories,” he said. “What isn’t allowed in controlled activism is viewing the Constitution as simply an extension of your own political agenda. If my constitutional theories ever come to a conclusion that I politically approve of, I immediately go back and rethink it to make sure I haven’t fudged.”

Controlled activism gets people away from the misguided focus of originalism and non-textualism. More importantly, Redish said, it is what democracy is about.

For a webcast of the lecture go to www.floridalawreview.com.

Redish’s accomplishments range far and wide. He received his AB in political science from the University of Pennsylvania and his JD magna cum laude from Harvard Law School. He has written more than 80 articles and 15 books and was recently listed in a study by William S. Hein & Co. as the 16th most cited legal scholar of all time. Redish has also appeared on the Today Show, ABC and NBC National News, CNN, Court TV, CSPAN and National Public Radio.

The Florida Law Review Dunwody Distinguished Lecture in Law series was established by the U.S. Sugar Corp. and the law firms of Dunwody, White and Landon, P.A., as well as Mershon, Sawyer, Johnston, Dunwody and Cole in honor of Elliot and Atwood Dunwody. The Dunwodys, graduates of the University of Florida College of Law, dedicated their lives to the legal profession. The series’ intent is to perpetuate the example set by these brothers by providing a forum in which renowned legal scholars can present new and challenging ideas.

“‘Stand Your Ground’ Under Microscope” (March 21, 2012, WCJB TV-20),

Dekle, along with several UF Law students, contributed to this segment from TV-20 News. Dekle said Florida’s “Stand Your Ground” law would be better described as the “get away with murder law,” and that it adds unnecessary layers of litigation and hoops to jump through in order to prosecute somebody.

“Legal experts weigh in on soundness of Lindsey defense strategy” (March 22, 2012, Tampa Bay Times)

The lawyer representing a teenager who shot a St. Petersburg police officer is saying the teenager, Nicholas Lindsey, did in fact kill the office – he just didn’t mean to do it. The defense is focusing on the issue of intent to possibly reduce the teenager’s sentence from life to several decades. Dekle weighed in on the strategy.

From the article:
“It ain’t the only possible strategy,” said University of Florida law professor Bob Dekle. “But it sounds like the only viable strategy.”

“Appeal court ruling in Collier case frees man accused of operating a grow house” (March 25, 2012, Naples Daily News)

Dekle reinforced an appeals court decision, which ruled that although a man who was accused of operating a grow house allowed police into his backyard to speak with him, he didn’t consent for them to further search his yard, which eventually led to the discovery of a grow house.

From the article:
George R. Dekle Jr., professor at the University of Florida Levin College of Law, agreed search and seizure issues are “heavily driven” by the facts of each case.

“The officers had consent to come onto the property to speak with the defendant,” Dekle said. “When they left his presence and started roaming around the property, they obviously weren’t talking to the defendant and had no right to be where they were when they smelled the marijuana.”

Michelle Jacobs
Professor of Law

“Students react to the death of Trayvon Martin” (March 22, 2012, The Alligator)

Jacobs weighed in on the Trayvon Martin shooting in this article that also addresses some student reactions to the 17-year-old’s death.

From the article:
UF law professor Michelle Jacobs said she’s not surprised Zimmerman hasn’t been charged.

“When a black person gets killed in questionable circumstances by a white person, no one should be surprised that law enforcement was slow to launch an investigation,” she said.

“Inside the Trayvon Martin Tragedy” (March 28, 2012, Legal Talk Network)

Jacobs, along with University of Missouri-Kansas City Criminal Justice Department Chair Kenneth Novak, participated in an in-depth discussion on this podcast about issues surrounding the Trayvon Martin shooting, including Florida’s “Stand Your Ground” law, neighborhood watches and racial profiling.

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

“Facebook advises users not to give out passwords to prying employers” (March 28, 2012, The Alligator)

Lidsky addressed the legality of potential employers asking job candidates for the their Facebook login information, following a warning from Facebook about the growing trend.

From the article:
It is legal to ask for Facebook login information, said Lyrissa Lidsky, professor at Levin College of Law.

She said giving the information isn’t the best idea, though.

“The consent is economic coercion, in a sense,” Lidsky said.

It is tough to say no to an interviewer, she said, especially in a tough economy.

“A lot of things we consent to we consent to because of social pressures,” she said.

Joseph Little
Professor Emeritus

“Collier commission aides amassed two months worth of overtime in 2011″ (March 25, 2012, Naples Daily News)

This article looks into Collier County employees who have worked over 40 hours a week and are opting to take comp time rather than the mandated time-and-a-half overtime pay.

From the article:
Joseph Little, a law professor at the University of Florida in Gainesville, said the state follows the federal Fair Labor Standards Act for county employees.

“Ordinarily, it requires time and one-half for overtime,” he wrote in an email. “It does permit compensatory time for employees of state public agencies.”

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Legal questions raised over new practice by employers seeking Facebook access of applicants” (March 23, 2012, WUFT 89.1 FM)

WUFT spoke with Mills in this radio interview about it is increasingly more common for employers to ask for potential employees’ Facebook login information so they can see the applicant’s personal Facebook account. Mills said it is important for individuals to be aware of how much personal information they put online, and said although it is legal in the U.S. it is not allowed in some other countries.

Kenneth Nunn 
Professor of Law

“Racism Is the Problem Here” (March 21, 2012, The New York Times)

Nunn contributed an editorial piece as part of New York Times’ “Room for Debate” column, which was comprised of arguments from experts in various disciplines exploring different angles of the Trayvon Martin shooting case.

From the article: Stand Your Ground statutes may be problematic for a number of reasons. But if we really want to save lives and prevent future miscarriages of justice, we will have to confront the reality of race.

Leonard Riskin
Chesterfield Smith Professor of Law

Riskin gave a presentation for students, faculty and alumni of at UCLA School of Law entitled “The ‘Negotiation’ Within: Connecting and Managing Inner and Outer Conflict” in March.

Last semester, he conducted a workshop on “Mindfulness and Conflict for the Chicago Center for Conflict Resolution.”

Katheryn Russell-Brown
Chesterfield Smith Professor of Law; Director, Center for the Study of Race and Race Relations

“Outrage unites people of all colors, but divide still exists” (March 24, 2012, Orlando Sentinel)

In this article that examines some of the racial issues tied into the Trayvon Martin case, Russell-Brown discussed how people relate to crime victims through race.

From the article:
Katheryn Russell-Brown, director of the University of Florida’s Center for the Study of Race and Race Relations, said it’s natural for people to view crime through the lens of their own race and identify with victims who look most like them.

Whites might not understand the depth of the black community’s outrage over Trayvon Martin’s death any more than blacks understood the national obsession with Natalee Holloway or the disappearance of Jennifer Kesse, or the time, money and attention devoted to the Casey Anthony case.

“It’s who you see as a family member, who you could step into their shoes and it could be you,” Russell-Brown said.

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

“UF Professor Breaks Down ‘Stand Your Ground’ Law” (March 21, 2012, GTN News),

In this television interview, Seigel explains Florida’s “Stand Your Ground” law and the ideas behind the law when it was established in 2005. Seigel said the logic behind the law was shaky from the beginning and people didn’t realize how powerful the law could be.

“‘Stand Your Ground Law’ at center of Fla. Shooting” (March 22, 2012, Associated Press)

Seigel commented on the Trayvon Martin shooting, saying that the Sanford police should have done more thorough investigation into the events before deciding not to bring charges to shooter George Zimmerman.

From the article:
“The law has definitely shifted and given a signal to law enforcement to be more careful,” he said. “But in a case where the self-defense claim is weak, you would think they would do their job.”

“Federal Prosecutors Won’t Retry Polk Bribery Case” (March 25, 2012, The Ledger)

A bribery case will not be pursued again by federal prosecutors after the case fell apart because of a wording error in the grand jury’s indictment. The indictment references “Polk County” but should have referenced the “Polk County School Board,” as employing a man accused of accepting bribes from a construction company.

From the article:
Seigel described the indictment’s wording as “a serious oversight” and a “major catastrophe” for federal prosecutors.

“There is no way to really sugarcoat it,” Seigel said. “It’s a major error on behalf of the prosecution. They did not do their homework.”

The indictment’s poor wording wasn’t a small error and touches on an important constitutional right, he said.

The Fifth Amendment includes the right that defendants know clearly and specifically what allegations they are facing, he said.

However, one of the most realistic and overlooked activities to prepare students for the legal profession are clinics offered by the University of Florida Levin College of Law.

UF Law offers seven clinics in total, grouped into three categories; the Virgil D. Hawkins Civil Clinics, the Criminal Law Clinics, and the Conservation Clinic. The Virgil D. Hawkins Clinics include the Family Law Full Representation Clinic, Gator TeamChild Juvenile Clinic, Intimate Partner Violence Assistance Clinic, and County Court Mediation Clinic. The Criminal Law Clinics include the Criminal Defense Clinic and Prosecution Clinic.

113 students are currently participating in the clinics, serving over 1,300 members of the community each year.

The Full Representation Clinic is one of many clinics that offers students the rare opportunity to act as a lawyer for a client.

Through the instruction of Professor Jeff Grater, students take on real cases for real clients. During a semester, participating students interview and counsel clients; draft legal documents; conduct discovery; argue motions; negotiate; advocate at mediation; and possibly bring a case to trial.

Grater believes that while all of the clinics are helpful to students, Full Representation offers a unique opportunity for students to create contacts in the specific field of family law. However, for students interested in other areas of the law, Full Representation also exposes students to various aspects of civil litigation practice and teaches them about lawyering in general.

“(The students) are there to learn legal skills and work with professionalism,” said Grater about the educational value of the clinic. Although the Full Representation Clinic focuses on family law, the skills learned in handling cases are transferable to any area of legal practice.

Current clinic participants Christina Russo (3L), Katherine Mockler (3L), Suin Youn (3L) and Kelly Dunberg (3L) expressed their appreciation for the skills taught in Full Representation.

“I think the most valuable part of the clinic is learning pretrial practice,” said Mockler.

Russo agreed, “I think it is one of the most worthwhile things I have done in law school.”

The clinic experience not only benefits students, but provides a valuable service for the public by helping indigent clients through family law issues. Many clients are referred through Three Rivers Legal Services, which screens potential clients and sends case files to the clinic. Each student represents two to four clients at a given time.

Completing the clinic composes anywhere between 10 and 30 hours of work per week, depending on a student’s case load. During the week, students receive support from their fellow clinic members and Grater through a classroom component, office hours and team meetings.

“We are like a law firm,” said Youn about the team work and level of support found in the Full Representation clinic.

The family law cases handled by the clinic mainly cover divorce proceedings, including paternity, division of assets and debts, alimony and name changes. But clinic participants have also worked on cases covering everything from parenting to domestic violence.

This year, former clinic students were given the opportunity to continue with the clinic for another semester. According to Grater, the pilot program for advanced students allows second semester participants to continue to work on past cases and be a resource for newer participants.

Students interested in joining the Full Representation Clinic must take Interviewing, Counseling, and Negotiation as a prerequisite. There is also a list of classes students can take to increase the probability they will be chosen for the clinic. Current clinic students recommend substantive classes, such as Trial Practice and Florida Civil Procedure, to prepare for legal issues that arise in cases.

Additional information about all of the clinics offered may be found at http://www.law.ufl.edu/clinics/. Students may also visit the clinic officers at 100 Bruton-Geer Hall.

3Ls Christina Vilaseca, left, and Amy Levenberg, showed their support for equality at OUTLaw's Marry-In event Tuesday. Max Wihynk (2L) acted as officiator. (Photo by Maggie Powers)

By Maggie Powers

OUTLaw, the University of Florida Levin College of Law’s Gay-Straight Alliance group, held its third annual Marry-In event in the Marcia Whitney Schott Courtyard Tuesday.

The event aimed to bring awareness to marriage inequality by holding symbolic marriage ceremonies between people who wanted to show support.

The event welcomed anyone to marry, regardless of gender or sexual orientation, said OUTLaw President Max Wihnyk (2L), and took place from 10 a.m. until 2 p.m. with the “marriage” of seven couples. Wihnyk acted as officiator and participants exchanged Ring Pops and Hersey’s Kisses as representations of traditional wedding tokens.

Wihnyk said he thinks the traditions of the legal community influence professionals’ ability to openly be part of the LGBT community. As an openly gay man, he said he wants to work at a place where he can be himself. He emphasized the importance of addressing the imbalance of rights immediately.

“We need to make sure that the issue of equality is getting raised here-and-now when we’re learning the law and ethics of being an attorney or representing somebody,” he said. “It’s important to get that down now.”

Best friends and 3Ls Christina Vilaseca and Amy Levenberg symbolically married each other to express their distaste for martial inequality. Both women are straight and they believe that members of the LGBT community should have the same martial rights that they enjoy. The two have participated in the event every year since its beginning.

“It is a deprivation of rights, and our country is founded on upholding those rights,” Vilaseca said. “It’s really frustrating.”

Levenberg had similar sentiments.

“I think it’s a disgrace that our political system treats certain people as inferior,” she said.

Held at University of Florida President Bernard Machen’s home, the reception celebrated Mickle’s attainment of senior status. He has served as a federal judge for the Northern District of Florida since 1999, working as chief justice from 2009 to 2011. In addition to being the first black federal court judge of Florida’s Northern District, Mickle was also the first African-American to establish a private law practice in Gainesville, the first African-American county judge of Alachua County, the first African-American circuit court judge of the 8th Judicial Circuit, and first African-American 8th circuit court judge to be appointed to the Florida 1st District Court of Appeals.

As distinguished guests assembled around Mickle’s veiled portrait, prominent speakers including Chief United States District Judge of the Northern District of Florida Casey Rogers, North Central Florida Chapter of the Federal Bar Association President Gilbert A. Schaffnit, 8th Judicial Circuit Bar Association President James H. “Mac” McCarty Jr., and UF Law Dean Robert Jerry, gave remarks on Mickle’s life and career. Each speaker celebrated Mickle’s success in the face of racial adversity, his selfless contributions to Florida’s judicial system, and his compassionate practice of law.

“I’m proud to be part of this well-deserved recognition of Federal Judge Stephan Mickle and to see his family and friends be able to share in the recognition of his role in the community,” said Alachua County Sheriff Sadie Darnell.

As Judge Mickle’s closest family members pulled away the cloth covering the portrait, a rendition of “America the Beautiful” performed by Ray Charles swelled over the applause of the audience of family and friends. As the song approached its chorus, audience members spontaneously sang along, celebrating both Mickle’s accomplishments and the country that grew to accept them.

The reception was sponsored by the Federal Bench and Bar Fund for the Northern District of Florida, the North Central Florida Chapter of the Federal Bar Association, the 8th Judicial Circuit Bar Association, and the University of Florida Levin College of Law.