William J. Wilkins, chief counsel of the Internal Revenue Service, will speak on Friday at 11 a.m. at UF Law at the Graduate Tax Program Enrichment Speaker Series. His lecture, “How IRS Lawyers Contribute to Sound Tax Enforcement,” reflects the knowledge he has gained from working in tax law since graduating from Yale University and receiving his J.D. from Harvard Law School. He will speak in the Chesterfield Smith Ceremonial Classroom, HOL 180. Wilkins has a wide range of tax practice including counseling nonprofit organizations, investment funds on tax compliance, business transactions and government investigations. Wilkins became staff director and chief counsel of the Senate Committee on Finance in 1987. On April 17, 2009, the White House announced Wilkins’ nomination to become chief counsel for the Internal Revenue Service and an assistant general counsel in the Treasury Department.

Join UF Oct. 12 to honor black leadership and heritage

• Leadership and Law: Diverse Perspectives on the Role of Race and Participation in Professional Legal Organizations (CLE Credit Anticipated), 12-2:30 p.m., Friday, Oct. 12, UF Law Martin H. Levin Advocacy Center. Welcome reception and luncheon noon-1 p.m.; panel presentation 1-2:30 p.m. with leaders from national, state, and local bar associations discussing how race has influenced the past, present, and future of their respective organizations in order to foster a dialogue on avenues for leadership and joint initiatives that transcend racial and other divides. Funded by The Florida Bar in cooperation with the Eighth Judicial Circuit Bar Association, the Josiah T. Walls Bar Association and Center for the Study of Race and Race Relations. RSVP here.
• A celebration honoring the 50th Anniversary of the Graduation of the University of Florida and Levin College of Law’s First Black alumnus: W. George Allen, featuring presentations by W. George Allen (above, right, at the 2011 opening of the Virgil Hawkins display) and other honored guests, 3 to 4:30 p.m., Friday, Oct. 12, 2012, Chesterfield Smith Ceremonial Classroom (180 HOL). Co-sponsored by the University of Florida Alumni Association and Association of Black Alumni, Levin College of Law & Center for the Study of Race and Race Relations. Read more.

Harvard law professor discusses same-sex marriage at Weyrauch Lecture Oct. 18

The Weyrauch Distinguished Lecture in Family Law will feature Harvard Law School Professor Janet Halley on “Traveling Marriage: Why the Campaign for Same Sex Marriage Gets Marriage Wrong,” Thursday, Oct. 18, at noon in the Chesterfield Smith Ceremonial Classroom, HOL 180.  Hosted by the Center for Children and Families, this lecture was established in honor of Professor Walter O. Weyrauch, internationally known for his work in foreign and family law.  Professor Weyrauch joined the UF Law faculty in 1957 as associate professor. He became professor in 1960, was Clarence J. TeSelle Professor 1989-94, and became Stephen C. O’Connell Chair in 1994 and distinguished professor in 1998. A reception will follow the lecture.

Halley is the Royall Professor of Law at Harvard Law School. She teaches courses in family law, comparative family law and sexuality, and legal theory.  Before teaching at Harvard, she was professor of law at Stanford Law School (1991-2000) and assistant professor of English at Hamilton College (1980-85). She has a Ph.D. in English from UCLA (1980) and a J.D. from Yale Law School (1988).

Her books include After Sex? On Writing Since Queer Theory, co-edited with Andrew Parker (Duke University Press 2011); Split Decisions: How and Why to Take a Break from Feminism (Princeton University Press 2006); Left Legalism/Left Critique, co-edited with Wendy Brown (Duke University Press, 2002); Don’t: A Reader’s Guide to the Military’s Anti-Gay Policy (Duke Univ. Press, 1999); and Seeking the Woman in Late Medieval and Renaissance Literature: Essays in Feminist Contextual Criticism, co-edited with Sheila Fisher (University of Tennessee Press, 1989). Her current projects include a handbook, What’s Not to Like about Sexual Harassment Law; a paper comparing family law systems entitled “Travelling Marriage;” and a critique of the rules about sexual violence in war established by the ad hoc courts convened to adjudicate war crimes in Rwanda and the former Yugoslavia.

Criminal Justice Center, Criminal Law Association hosts criminal video-advocacy competition

The Criminal Justice Center and the Criminal Law Association is pleased to host its inaugural criminal video-advocacy competition this fall. The competition solicits submissions by student teams of an original, creative and educational video portrayal of Fourth Amendment issues geared toward a college-student audiences

• Cash prizes will be awarded for first through third places.
• All law students enrolled at the Levin College of Law are eligible to enter.
• Deadline for submissions is Oct. 22. Winners will be announced on Nov. 10.
• The submissions will be evaluated by members of a judging panel; criteria include clarity of thought, well-structured argumentation, creative use of videography and liveliness of expression.

Decisions of the judging panel will be final. Complete rules of the competition are available at the CJC website (www.law.ufl.edu/academics/centers/cjc) or can be obtained from Eva Achero in Room 100, Bruton-Geer Hall.

Black Student Association attends inaugural diversity picnic

The Black Student Association traveled to Orlando on Sept. 8 to attend the inaugural Central Florida Diversity Mentor Picnic hosted by FAMU College of Law. The diversity picnic allowed students the opportunity to meet lawyers and judges who practice in the central Florida community.

Gov. Reubin Askew, Gov. Charlie Crist, Gov. Bob Graham, Gov. Buddy MacKay and Gov. Bob Martinez are confirmed to participate on the panel. Former Florida Law Review editor-in-chief and University of Florida Law alum Ben Diamond (JD 03) will serve as moderator.

No backpacks or large bags will be permitted at the event. For more details and to submit a question to the panel of governors, visit the Florida Law Review’s website (www.floridalawreview.org), or contact the office at 352-273-0670. Tickets, which are required for entry, will be available through the Phillips Center Box Office and UF Law’s Student Affairs office.  The parking garage next to the Phillips Center is available to attendees for event parking.  Additionally, parking restrictions at the Park & Ride Lot #2 (behind the Hilton) and at the Bledsoe Drive lot (adjacent to the University Village field) will be lifted for the event.

The Allen L. Poucher Legal Education Series was established by Betty K. Poucher in honor of her late husband, Allen L. Poucher Sr. A humanitarian who lived a life dedicated to service, Allen Poucher graduated from UF Law in 1942 and practiced law for more than 60 years. The Poucher Legal Education Series seeks to provide a venue for prominent legal, political and business leaders to discuss important issues facing our nation and world today.

U.S. Supreme Court Justice Clarence Thomas gave a Gator Chomp with Eric Netcher (3L), left, and Zack Smith (3L) during the Marshall M. Criser Distinguished Lecture in Law Friday. (Photo by Nicole Safker)

U.S. Supreme Court Justice Clarence Thomas spoke to a full courtyard of nearly 600 people Friday during the Marshall M. Criser Distinguished Lecture in Law. Thomas participated in a candid conversation with law students Lauren Humphries (1L), David R. Maass (3L), Eric Netcher (3L) and Zack Smith (3L).

Thomas talked about his struggles in law school, love for the South and offered a glimpse into his personal philosophy on his life and career, which includes surrounding himself with positivity and avoiding cynicism.

Watch the archived webcast here and check FlaLaw next week for the full story.

The Marshall M. Criser Distinguished Lecture Series was created in early 2007 by Lewis Schott (B.A. 1943, LL.B. 1946) of Palm Beach, Fla., as a tribute to his fellow UF Law alumnus, former UF President Marshall Criser (JD 51). The goal of the speaker series is to host prestigious national and international speakers every year on topics of particular interest to law students. Past speakers have included Supreme Court Justice John Paul Stevens (ret.), Justice Clarence Thomas and former ABA President Stephen N. Zack (JD 71).

-Matt Walker
Senior writer

Andrei Boyarshinov, adjunct professor and associate general counsel for Shands HealthCare, engaged in a discussion with UF Law Professor Steven Willis Sept. 17 regarding the constitutionality of the health care reform act. (Photos by Marcela Suter)

Health care reform and the Constitution collided in the Supreme Court this year and President Barack Obama’s premier domestic initiative emerged largely intact. But could it be that the decision was merely a stopgap, as the conservative chief justice who sided with the court liberals to uphold the law merely bides his time until provisions of the law have taken effect?

On the occasion of Constitution Day Sept. 17, this question was debated at UF Law. On one side was UF Law Professor Steven Willis, who briefed the Supreme Court and lower courts, advising them on the unconstitutionality of the The Affordable Health Care Act. On the other was Andrei Boyarshinov (JD 07), a UF Law adjunct professor and associate general counsel for Shands HealthCare.

Students, faculty and staff gathered in the Martin H. Levin Advocacy Center Courtroom for “The Affordable Care Act: The U.S. Constitution Meets Health Care Reform.”

Boyarshinov is senior attorney for managed care and network development, commercial transactions, and risk management for UF and Shands.

Willis has been a member of the UF Law faculty for 31 years and specializes in tax law. He wrote an amicus brief for the U.S. Supreme Court on the Affordable Care Act and published three related law review articles.

Dean Robert Jerry acted as moderator, and began the discussion by summarizing the history of the Constitution and the health care debate.

“(Health care) was a topic that was discussed as early as the presidency of Theodore Roosevelt,” Jerry said.

The question posed to the speakers was whether the government could use its powers to require individuals to buy health care.

Boyarshinov presented an overview of the act, highlighting the problems with today’s health care system and how the act seeks to fix those problems.

“The U.S. spends more on health care than it does on its defense,” he said. According to Boyarshinov, the act seeks to decrease the cost of health care and simultaneously broaden health care availability through delivery system and insurance reform.

However, to effectuate the changes, individuals are required to either have insurance or pay a tax penalty.

“The glue through (the Affordable Health Act) is the individual mandate,” he said.

The act met with opposition by 26 states, but was recently declared constitutional by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius. Although the case was a challenge of Congress’s commerce power, the Court upheld the act under taxing power.

Meanwhile, Willis’s recalled that his initial response to the ruling was dismay.

“And when that decision came down, and I read it… needless to say, I was disappointed,” Willis said.

However, upon reflection, Willis realized, “we have a truly brilliant chief justice of the Supreme Court.”

Willis used Chief Justice John Roberts’ opinion to argue that the act will be challenged in 2014 on tax grounds and ultimately found unconstitutional. Willis said Roberts’ opinions lays out a “roadmap” for that result.

-Felicia Holloman (3L)
Law student writer

Students studying in the UF Law France program benefit from a dual focus on comparative and international law. American and French professors examine various aspects of United States and French legal systems and European community law in classes in which there are both United States and French students. Students also meet with members of the judiciary and the legal profession. In addition, the program allows you to live in and enjoy the rich French culture. On Thursday at 1 p.m. in HOL 270, learn about the program and enjoy pizza and drinks.

The first week of the five-week program will be spent in Paris, and the last four weeks will be at the University of Montpellier in Montpellier. Courses offered include European Union Business Law (Professor Mousseron), International Sales Law (Professor George Dawson) and a third course yet to be determined. Enrollment is limited to 30 U.S. students. In addition, a number of students from the University of Montpellier enroll in one or more of the classes.

France Program dates: Monday, June 24, 2013, to Friday, July 26, 2013

Application deadline: March 15, 2013

Interested students may also visit the study-abroad website http://www.law.ufl.edu/academics/academic-programs/study-abroad or contact the program’s director, Professor Dawson, or Michelle Ocepek in the Office of Student Affairs.

Enrollment deadline for Environmental & Land Use Law Certificate Program 

Students interested in enrolling in the Environmental & Land Use Law Certificate Program for this semester are encouraged to do so before Monday, Oct. 15, 2012. Through the Environmental and Land Use Law Certificate Program, students can graduate from law school with a valuable credential that indicates both concentration and accomplishment in these two fields. If you have recently enrolled, or plan to do so, contact Lena Hinson at Hinson@law.ufl.edu to set up an appointment with Professor Mary Jane Angelo, director of the Environmental & Land Use Law Program, to discuss your course of study for Spring and Summer 2013. For more information on the ELUL Certificate Program, visit http://www.law.ufl.edu/academics/concentration/elul/elul-certificate. Enrollment forms are available online. Students enrolled in the certificate program will receive email notification regarding priority pre-registration for certificate core courses.

Costa Rica 2013 Summer Abroad informational meeting Wednesday

Students interested in participating in UF Law’s 2013 Costa Rica Program are encouraged to attend an informational meeting at noon on Wednesday in the Faculty Dining Room (by the law bookstore). Faculty and students from the 2011 and 2012 Program will be on hand to answer questions and provide their perspective on the program. Pizza will be provided.

The UF Law Costa Rica Program emphasizes interdisciplinary learning that includes skills training in a cross-cultural, practice-oriented environment.  The program offers an immersive exposure to international and comparative law through the substantive lens of environmental law, water law and development policy, all from the unique perspective of Latin America and Costa Rica.  Issue-oriented field trips and visits to legal institutions are a key component of the program.   Students can receive up to 6 credits, and may be able to receive additional credits through summer externships.

Additional information from the 2012 program, including course descriptions, syllabi, field trips, photos and budgets etc. can found on the Program website at: http://www.law.ufl.edu/academics/academic-programs/study-abroad/summer-abroad/costa-rica

Paul Donnelly was recently selected for inclusion into the 2013 edition of Best Lawyers in America.

Claire M. Germain
Associate Dean for Legal Information, Clarence J. TeSelle Professor of Law

Claire M. Germain spoke about “Recent Developments in the French Criminal Jury” at the 2012 International Conference on Law & Society in Honolulu, Hawaii, in June. She provided an update on the contemporary landscape of the French jury in its legal and political aspects from a comparative perspective. Her presentation was part of a panel on juries, mixed courts in Europe, and lay participation in legal decision making.

William F. Hamilton
Adjunct Professor

Florida e-Discovery and Evidence, with Honorable Ralph Artigliere (ret.), was just released.

Robert Jerry
Dean, Levin Mabie & Levin Professor of Law

“UF gets Supreme Court visitor” (Sept. 19, 2012, The Independent Florida Alligator)

Dean Jerry announces Supreme Court Justice Clarence Thomas’ lecture at the UF Levin College of Law on Sept. 21, 2012.

From the article:
“The opportunity for a law student to interact with a Supreme Court justice is very special,” said Dean Robert Jerry. “To engage a justice is an opportunity to get insights into the workings of the highest court in our nation. This deepens our students’ education.”

They can accommodate about 500 people, Jerry said. With about 1,000 students enrolled at the law school, he said event attendance had to be rationed. Tickets to Thomas’ discussion will be distributed through the law school’s Office of Student Affairs.

Thomas did not accept payment to speak at UF, Jerry said.

Tom C.W. Lin
Assistant Professor of Law; Assistant Director, Criminal Justice Center

Lin recently presented a working paper entitled, “The New Investor,” at the University of Georgia School of Law.

Joseph Little
Emeritus Professor

“Blaming the Victim: Florida A&M argues hazing death was student’s fault, not school’s” (Sept. 12, 2012, The Daily)

This article discusses whether or not Robert Champion, the drum major beaten to death during a hazing scandal at Florida A&M University, is to blame for his own death.

From the article:
“If he’d said, ‘I’m not going to play this game, here’s my fancy A&M band uniform, I’m not going to take the field with you,’ that would be hard to do,” said Joseph W. Little, a law professor at the University of Florida. “I would expect the argument that because of the situation, this young man was under a lot of compulsion.”

Omri Y. Marian
Assistant Professor of Law

Marian presented his paper, “Jurisdiction to Tax Corporations,” at the 2nd annual Critical Perspectives on Tax Policy workshop, hosted by the University of Washington School of Law.

Elizabeth A. Rowe
Feldman Gale Term Professor in Intellectual Property; UF Research Foundation Professor of Law; Director, Program in Intellectual Property Law

Rowe presented “Trade Secrets, Extraterritoriality, and Border Control,” at the 2012 Intellectual Property Scholars Conference at Stanford Law School on Aug. 9, 2012.

John Stinneford
Associate Professor of Law; Assistant Director, Criminal Justice Center

“Law in South Korea Permits Chemical Castration of Sex Offenders” (Sept. 20, 2012, The Minaret)

This opinion piece references a paper published by Stinneford about the practice of chemical castration.

Monique Haughton Worrell
Senior Legal Skills Professor; Acting Director, Criminal Justice Center

“Florida’s ‘Stand Your Ground’ Law Likely To Remain” (Sept. 13, 2012, NPR, All Things Considered)

Worrell’s presentation of UF Law’s research as a member of Florida’s Stand Your Ground task force is referenced here.

From the article:
University of Florida law professor Monique Worrell cautioned the task force that the information was preliminary and that more research would be needed to show any correlation with passage of the Stand Your Ground law.

Members of the Florida Journal of International Law. (Photo by Marcela Suter)

The Florida Journal of International Law has kicked off the 2012-2013 school year by welcoming the following 11 new members: Danisa Borges, Amanda Broadwell, Connor Haskins, Priya Kolli, Jared Lay, Lauren McCord, Arletys Rodriguez, Nelson Rodriguez, Ashleigh Shelver, Sumer Thomas and Jourdan Weltman. They join 18 returning members, including the new members of this year’s executive board: Kendall Obreza, editor-in-chief; Markey Bakas, managing editor; Paydon Broeder, articles editor; Matt Nellans, articles editor; Bill Doiron, editor-at-large; Suryia Rahman, editor-at-large; Lauren Wajsman, student works editor; David Byron, research editor; Matt Frey, research editor; Jimmy Glover, research editor; Julie Ickes, research editor; and Zach Ullman, research editor.

The FJIL members have just begun the first stage of editing the December issue, which includes four fascinating articles, two of which we spotlight here. Jordan Toone authored “Occupation Law During and After Iraq: The Expedience of Conservationism Evidenced in the Minutes and Resolutions of the Iraqi Governing Council.” It examines America’s adherence to the law of occupation from the Iraqis’ perspective. Toone was inspired to explore this topic while translating and analyzing minutes and resolutions of the Iraqi Governing Council. Toone proposes a framework to uphold the rights of the occupied population while fostering political and economic transformation by the occupying state. The second article, by Patrick Woods, is titled “Inevident Truths: Why Current International Norms and Policies May not have Supported the American Revolution.” In the article, Woods explores whether the American Revolution would have been possible under modern standards of international law. He concludes that the complaints of the American colonists would not have sufficed to create a right to succession under today’s law. Woods suggests some hypocrisy in United States foreign policy for its failure to reflect United States history.

The December issue will conclude with the best case comment submitted during FJIL’s 2012 Write-On Competition. This year’s winner of the Best Case Comment is Arletys Rodriguez (2L). Her case comment, titled “Copyright Law: Balancing Foreign and Domestic Interests in the International Arena, Golan v. Holder, 609 F.3d 1076 (10th Cir. 2010),” will be edited and published by FJIL, which is the top-ranking secondary law journal in the state of Florida.

In addition to the December issue, FJIL will publish issues in April and August 2013. The executive board thanks the general board members who devote their precious time to editing FJIL’s articles; and thanks Victoria Redd, the journal director, and Professor Berta Esperanza Hernandez-Truyol, our faculty advisor, for all of their help and guidance.

-Kendall Obreza (3L)
Special to FlaLaw