Tickets are now available to see five Florida governors who will convene in Gainesville to discuss critical issues impacting the future of the Sunshine State for the Florida Law Review’s second installment of the Allen L. Poucher Legal Education Series. The event, entitled “Florida’s Future: A Conversation with Florida Governors,” will be held on Oct. 12 at 10 a.m. at the Phillips Center for the Performing Arts. Doors will open at 9:15 a.m., and the event is free and open to the public. Tickets are required and available for students from the UF Law Office of Student Affairs, Doris Perron for faculty and staff, and the CPA box office.

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, or contact the office at 352-273-0670. 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.

David Kerner

By Felicia Holloman (3L)
Staff writer

David Kerner (JD 10, BA 06) recalled a quote from Chesterfield Smith; a motto he believes every alumnus should follow.

“Dream big and do good.”

Kerner is no exception to the rule; he is an attorney with Schuler, Halvorson, Weisser, & Zoeller, P.A., but is soon headed to Tallahassee as a Representative in the Florida House of Representatives.

Kerner recently won the Democratic primary election in District 87 and is running unopposed in the general election. District 87 includes West Palm Beach, Lake Worth Greenacres, Palm Springs, Glenridge and Cloud Lake. Kerner will be one of 120 representatives responsible for introducing legislation, passing laws, and appropriating funds on behalf of Florida citizens.

However, before embarking upon a career in politics, Kerner’s path took him through law enforcement, law school, prosecution, and civil litigation.

“I was fortunate enough to be accepted into UF Law,” said Kerner, who spent four years working as a police officer with the Florida Department of Environmental Protection and city of Alachua before applying to law school.

At UF Law, Kerner was chief justice of the UF Supreme Court and vice president of the Law College Council. He was also a member of the Gainesville Board of Adjustments and Alachua County Environmental Protection Board. Meanwhile, Kerner continued to work as a police officer part-time to help pay his way through law school.

The common theme behind Kerner’s career and education was community service.

“When you go to UF Law, you have a responsibility to give back to the state,” Kerner said.

Kerner’s sense of indebtedness to the state that fostered his education is apparent in his policy platform; Kerner intends to protect institutions of higher education. He also looks forward to joining the “Gator Legislative Caucus,” which is a group of Gator alumni who serve in the Florida Legislature.

Reflecting on the campaign trail, Kerner found it to be an inspiring process. The most rewarding part of running for office, according to Kerner, is receiving phone calls from and meeting people who are passionate about causes.

As he transitions into public office, Kerner continues to contribute to the community outside of public office. Kerner serves on the UF Law Alumni Council and volunteers as a police officer.

“I also enjoy immensely Florida football,” he said.

As for students who may be considering running for office in the future, Kerner advises, “Don’t be interested in a career in politics; be interested in serving your community.”

According to Kerner, opportunities arise for individuals who commit themselves to responsibilities and have a record of service.

“People will look to you to be a leader,” Kerner said.

Kerner also suggests students think “big,” reminding them that many successful alumni had humble beginnings as UF Law students.

“For example, many students don’t realize that Professor Jon Mills, who attended UF Law, was speaker of the (Florida) House,” remarked Kerner. “Countless Supreme Court justices, federal and state legislators, and governors studied at UF Law.”

There is “no better springboard” than an education at UF Law for pursuing one’s aspirations, believes Kerner, who will continue to pursue his aspirations all the way to the capitol. For now, he is still getting used being called “Rep. Kerner.”

On the general bar exam, UF Law’s pass percentage was 91.2 percent (259 passing out of 284 takers) compared to an overall pass rate of 80.2 percent (2,433 passing out of 3,034 takers). This was the largest spread between the UF Law pass rate and the overall pass rate on a July bar exam since 2000.

Dean Robert Jerry noted that these are the first July bar results for UF Law’s smaller graduating classes (approximately 300 students vs. approximately 400 students), as the first of the college’s smaller classes graduated in May 2012.

For the calendar year (which combines the July results with the results of the February exam, which has a small number of test takers), UF Law’s pass rate was 89.5 percent (274 passing out of 306 takers). This pass rate placed UF Law first among Florida law schools for the year.

In the past, Jerry has cautioned against looking at the February results in isolation because of the small sample of test takers, which can produce results that are unrepresentative, much like what can happen when one calculates a Major League Baseball player’s batting average by looking at seven or eight games instead of the results over an entire 162-game season.

UF also placed first among Florida law schools in the number of successful takers of the August 2012 MPRE exam. The UF pass percentage on the MPRE was 92.9 percent (92 passing out of 99 takers) against an overall pass rate of 89.1 percent (1,090 passing out of 1,224 takers).

W. George Allen

By Matt Walker
Senior writer

The University of Florida Levin College of Law will celebrate the 50th anniversary of the graduation of W. George Allen with a special afternoon program at the law school. In 1962, Allen helped pave the way for generations of students in Florida by becoming the first African-American to graduate from the University of Florida and UF Law.

The celebration will be held Oct. 12, at 3 p.m. in UF Law’s Chesterfield Smith Ceremonial Classroom. It is co-sponsored by the University of Florida Alumni Association and Association of Black Alumni, Levin College of Law and Center for the Study of Race and Race Relations. The event is free and open to the public.

The program will be hosted by UF Association of Black Alumni President Terry Nealy and Center for the Study of Race and Race Relations Director Katheryn Russell-Brown, with comments from UF Law Dean Robert Jerry, UF Provost Joseph Glover, Northern Florida District Judge Stephan Mickle and attorney Harley Herman. There will also be reflections from UF Law alumni and attorneys including Ava Parker and Chris Chestnut.

Presentations will feature a keynote speech from Allen, a look back at the desegregation of Florida and the legacy of Virgil Hawkins. Hawkins was denied admission to UF Law in 1949 based solely on his race and fought for admission until 1958, when he withdrew his application in exchange for a Florida Supreme Court order desegregating UF’s graduate and professional schools.

The celebration will conclude with the unveiling of a special plaque on the UF Law campus honoring Allen.

Allen was accepted into UF Law in 1960, after he graduated from Florida A&M and served two years in the Army. Living in California at the time, Allen turned down law school admissions to Berkeley and Harvard. He said he was intent on returning to the South to be where the “action” was, referring to the civil rights struggles that were bubbling to the surface.

After graduating from UF Law in 1962, Allen moved to Fort Lauderdale, where he helped lead the fight for the integration of Broward County’s public school system, and established his own practice, where he has specialized in trial work, probate, personal injury, insurance defense and wrongful death law.

Earlier on Oct. 12 at UF Law, the CSRRR will moderate the panel discussion, “Leadership and Law: Diverse Perspectives on the Role of Race and Participation in Professional Legal Organizations.” The event begins with a reception and luncheon at noon, followed by the discussion from 1 to 2:30 p.m. The panel will feature leaders from national, state, and local bar associations looking at how race has influenced the past, present and future of their respective organization. The goal of the event is to foster a dialogue on avenues for leadership and joint initiatives that transcend racial and other divides. RSVP here.

The symposium is a joint initiative of UF Law’s Center for the Study of Race and Race Relations, the 8th Judicial Circuit Bar Association, and the Josiah T. Walls Bar Association.

The 3 p.m. Allen celebration kicks off UF’s Black Alumni Weekend in Gainesville, Oct. 12 to 14. The weekend honors civil rights pioneers who were instrumental in desegregating the state’s universities and offers the opportunity to reunite Gators from every decade so they leave Gainesville closer and stronger than ever before. Read more. (Note: Details of some BAW events are tentative. Check the site closer to the weekend for finalized information.)

The UF Law Communications Office is seeking a photographer. This fun and flexible OPS position requires superb photography and good Photoshop skills, strong organizational and photo editing abilities, reliability, and the ability to work quickly and well as a member of a productive team. Good writing skills a plus. Students encouraged to apply. Up to 20 hours/week, flexible scheduling. Send resume, references and photo samples to Rick Goldstein at Goldstein@law.ufl.edu or 244 Bruton-Geer Hall, University of Florida, Gainesville, FL 32611.

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.

From left, Susan Goffman, Cecil Howard and Stephan P. Mickle address UF Law community during Professionalism Week.

By Laselve Harrison
Special to FlaLaw

To culminate Professionalism Week, the Black Law Students Association (BLSA) welcomed the Honorable Stephan P. Mickle, senior United States District Court Judge for the Northern District of Florida, who addressed students during the panel discussion entitled “Securing Employent: Minorities in the Legal Field.” Mickle was joined on the panel by Susan Goffman, director of the University of Florida Foundation, and Cecil Howard, director of the Office of Equal Opportunity for the city of Gainesville.

They engaged students in an interactive and educational discussion regarding the different avenues for obtaining success in the legal field, and how opportunities for minorities in the legal profession have evolved over the years.

Beginning with Mickle, the panelists recounted the obstacles and triumphs of their respective journeys, expounding on the role race and gender have played in their relationships among prospective employers and their colleagues in practice.  After a question-and-answer session moderated by Brandon Campbell, president of BLSA, and Jasmine Saleem, treasurer of BLSA, the panelists answered questions from the audience.

They left attendees with a lasting reminder that as future lawyers, the obligation to practice professionalism begins during law school and good practices forged now will carry-over long after graduation.

Are there valid secular public policy arguments against the legalization of same-sex marriage? Is the failure to legalize same-sex marriage one example of our society’s discrimination against the LGBTQ community? Will the adoption of same-sex marriage weaken the government’s ability to facilitate and incentivize procreative relationships between heterosexual couples? The UF Federalist Society and OUTLaw present a civil discourse on same-sex marriage Wednesday at noon in the Chesterfield Smith Ceremonial Classroom, HOL 180, with Professor Richard Esenberg of Marquette University Law School and UF Law Professor Rachel Rebouché.

Come hear a discussion on secular arguments for and against the legalization of same-sex marriage. Free Publix subs and chicken tenders for attendees.

About the speakers:
Professor Richard Esenberg currently teaches at Marquette University Law School. For the past ten years, Professor Esenberg served as vice president and general counsel of Rite Hite Holding Corporation in Milwaukee. From 1981 to 1997, he was an associate and then partner at Foley & Lardner. Esenberg has overseen international acquisitions and business expansions throughout Europe, Latin America, and Canada. Esenberg holds a J.D., magna cum laude, from Harvard Law School, where he was an editor of the Harvard Law Review, and a B.A., summa cum laude, in political science from the University of Wisconsin-Milwaukee. He teaches Civil Procedure, Election Law, Wisconsin Supreme Court and Law and Theology.

Professor Rachel Rebouché is an assistant professor of law at the University of Florida Levin College of Law. She received her J.D. from Harvard Law School where she was the editor-in-chief for the Harvard Journal of Law and Gender. She received her LL.M. from Queen’s University, Belfast, and her B.A. from Trinity University. Rebouché has worked as the associate director of Adolescent Health Programs, and was a law clerk to Justice Kate O’Regan of the Constitutional Court of South Africa. She is currently associate director at the UF Law Center for Children & Families, an advisor for the Family Law Society, and an affiliated faculty for the Center for Women’s Studies & Gender Research. In 2012, Rebouché received 1 of only 10 campuswide UF Excellence Awards for assistant professors. She joined the UF law faculty in 2010.

Center for the Study of Race and Race Relations hosts open house

The CSRRR will host an open house Wednesday from 12:30 – 1:30 p.m. in the CSRRR meeting room, HOL 370D.

Glasser Barbecue slated for Oct. 9

The Levin College of Law is holding a free barbecue for all students, faculty and staff Tuesday, Oct. 9, from 11:30 a.m. to 1 p.m. in the Marcia Whitney Schott Courtyard. The food is from Hill’s Bar-B-Que in Gainesville and the event is sponsored by the Gene K. and Elaine Glasser Endowment. The Glassers, who are both UF alumni, have sponsored the event for the past several years. They hope the annual event will foster a greater sense of community among people at the law school. “The law school education I received at the University of Florida has greatly influenced my professional and personal life, creating lasting memories with my friends,” said Gene Glasser, a Fort Lauderdale attorney who received his juris doctor degree from UF Law in 1972. The event is a great chance for incoming students to get to know one another and feel like a part of the law school community. During the event, the Office of Communications will post photos on the UF Law Facebook page and we invite attendees to submit their comments on the photos to thank the Glassers for their contributions to the law school.

Join UF Oct. 12 to honor black leadership

• 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 8th 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 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 audience

• 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.

Applications open for 2013 Evan Yegelwel Summer Fellowship

The Evan Yegelwel Summer Fellowship award permits one UF Law student to participate in a paid Summer Fellowship Program at the Anti-Defamation League (ADL), Florida Regional Office in Boca Raton. The Yegelwel Summer Fellowship award is $4,000. The ADL is a premier national civil rights organization that fights anti-Semitism and all forms of bigotry in the U.S. and abroad, combats international terrorism, probes the roots of hatred, comes to the aid of victims of bigotry, develops educational programs, and serves as a public resource for government, media, law enforcement, all toward the goal of countering and reducing hatred. A generous gift from Evan Yegelwel (JD 80) has made this fellowship possible. Yegelwel is a partner in the Jacksonville law firm of Terrell Hogan Ellis Yegelwel, P.A. Click here for more fellowship and application information.

State Senator Evelyn Lynn (R-Daytona Beach), far right, addresses the crowd gathered Sept. 19 in the Chesterfield Smith Ceremonial Classroom. From left, Lynn Leverty, UF senior political science lecturer; State Senator Nan Rich (D-Weston); and UF Law Professor Shani King look on. (Photo by Nicole Safker)

By Nicole Safker (JD 12)
Staff writer

In the midst of the pre-election frenzy, politicians on both sides should take heed: women may just be the key to the outcome of the upcoming election.

This was the primary message of “Women, Work and Family in the 2012 Presidential Campaign,” a forum held at UF Law that packed the Chesterfield Smith Ceremonial Classroom last Wednesday.

Notable panelists addressed the standing-room-only crowd and gave their take on the impact women will have on the election, as well as the impact the election’s outcome will have on women.

The bipartisan panel, sponsored by the Gainesville League of Women Voters, the Levin College of Law, and the UF Association of Academic Women, featured Shani King, associate professor and co-director of UF Law’s Center for Children and Families; Lynn Leverty, UF political science lecturer; and two long-standing Florida state senators – Nan Rich, a Democrat from Weston, and Evelyn Lynn, a Republican from Daytona Beach. Former Gainesville Mayor Pegeen Hanrahan moderated the panel.

Women are crucial to the election, Hanrahan said in her introductory remarks, because they make up 53 percent of voters, but only 14 percent of the national legislature – a statistic which puts the United States in 91st place worldwide for female leadership.

King, who is an advocate for children’s rights, addressed the notion of “feminization of poverty.” With the rise of female-headed households, the stagnation of wages and the loss of critical funding for government-sponsored services such as subsidized daycare, women have found themselves falling below the poverty line, King said. Since women are primarily the caretakers for children, King said they struggle to balance the demands of taking care of a family with the strain of supporting their households financially. Despite this phenomenon’s prevalence, King said these women’s voices are becoming lost in the presidential race.

“I was disillusioned and disheartened to find that my inclination was right,” King said, media are not giving poor women attention either. He cited statistics based on election coverage that was primarily focused on major platform planks affecting the middle class and hardly mentioned poverty-related issues.

Lynn drew on her long career in the state legislature to discuss the difficulties women political leaders face in a world that is still largely dominated by men.

“Women need to work together with men,” Lynn said, noting her role in leading the bipartisan Women’s Caucus in the Florida Legislature and the various ways women were able to join together and have their voices heard on issues ranging from childcare to reproductive freedom.

Rich, after announcing her bid for the upcoming gubernatorial race in 2014, criticized Presidential Candidate Mitt Romney for his divisive comments regarding 47 percent of Americans being “self-indulgent victims.” She discussed the progress women have made in politics and the importance of working together, citing her long-standing friendship with Lynn and the bipartisan strides they have made working to bring attention and state funding to issues such as expanding KidCare, the state-funded healthcare program for children.

Leverty rounded out the discussion, discussing the importance of women not only in the electoral process, but in the political process in general. Citing various studies, Leverty said that women, who currently make up only 14 percent of the House and Senate, must maintain at least this level of representation or they “risk losing their voice.” This is especially important in the upcoming election, she said, because many women are term-limiting out of their positions and will be replaced by men, further lowering the critical mass of women in Congress.

The central message of the forum was this: regardless of political affiliation, women are a critical voting bloc and, as Lynn said, “women’s issues are everyone’s issues.”

For those unfamiliar with the technology, today’s smartphones and tablets run programs, referred to as apps (shortened for applications), which can be downloaded off the Internet.  With over 700,000 apps in Apple’s App Store and 650,000 Android apps in the Google Play store, app selection can be very confusing. The apps that are recommended in both guides created by the LIC have been tested and received positive reviews by UF law librarians, IT staff and law professors.

“Women’s issues are everyone’s issues, Sen. Lynn says” (Sept. 19, 2012, Gainesville Sun)

King was quoted in this article about the event, “Women, Work and Family in the 2012 Presidential Campaign,” held last week at UF Law. The discussion, which featured King, along with Sen. Evelyn Lynn, Sen. Nan Rich and UF political science lecturer Lynn Leverty, focused on issues related to opportunities for women in politics.

Sharon E. Rush
Associate Dean for Faculty Development, Irving Cypen Professor of Law

Sharon Rush participated on a national panel as part of the Constitution Day celebration at the Lou Frey Institute of Politics and Government at the University of Central Florida.