Photo by Marcela Suter

The University of Florida Levin College of Law’s Graduate Tax Program welcomed distinguished members of the global tax community for the eighth annual International Tax Law Symposium on Friday, Oct. 19.

There were around 100 attendees at the symposium, which is geared toward educating interested students, faculty and alumni on important topics revolving around current and future international tax policy.

This year’s presenters and topics were:

• Willard B. Taylor, of counsel at Sullivan & Cromwell in New York: “Suppose FIRPTA was Repealed?” which examines the Foreign Investment in Real Property Tax Act.
• Luis Eduardo Schoueri, chair of tax law at the Department of Economic, Financial and Tax Law at the Law School of Sao Paul University: “Trends and Challenges of the International Tax Law in the Dawn of the 21^st Century and the Non-Regression Principle as a New Approach Towards Tax Treaty Termination.”
• Susan C. Morse, associate professor of law at the University of California Hastings College of Law: “Startup, Ltd.: Tax Planning and Initial Incorporation.”

The symposium also featured commentary by UF Law Professor Yariv Brauner, Omri Y. Marian and Martin J. McMahon.

A webcast of the symposium can be viewed here.

Bill Moore of Brigham Moore, LLP presents an oral argument during the 1st District Court of Appeal hearings held Oct. 25 at the Martin H. Levin Advocacy Center Courtroom. (Photo by Marcela Suter)

By Felicia Holloman (3L)

When some think about the work of lawyers in a courtroom, they may conjure up images of attorneys giving impassioned speeches to a jury. But there is another side of courtroom lawyering in the form of appellate proceedings.

The 1st District Court of Appeal made its annual visit to UF Law for oral arguments on Oct. 25. The visit is coordinated by the legal skills department in the hopes of better educating first-year students about their chosen field.

Legal Skills Professor Diane Tomlinson believes the opportunity to watch oral arguments is novel for students who have likely never witnessed an appellate-level courtroom.

“The solemnity of a court proceeding, I think, is one of first impression for students preparing to become members of the legal profession.”

Tomlinson also considers the officers and practitioners of the 1st District Court to be the ideal illustration of legal professionalism for students.

“Our 1st District judges are such a fine example of a bench that knows the record, gets right to the legal issues, and respects the lawyers that appear before them. The lawyers that appear are likewise a fine example of officers of the court, as lawyers are sworn, first, to be advocates for their clients.”

UF Law alumnus and founder of the Journal of Law and Public Policy Judge Scott Makar (JD 87), Judge Philip Padovano, and Judge Stephanie Ray presided over four cases in the Martin H. Levin Advocacy Center Courtroom.

The cases covered various areas of law, from divorce and defamation to takings and wills.

Alachua Land Investors v. City of Gainesville garnered the highest attendance and concerned whether the appellant had notice of a zoning restriction on his property that prohibited him from building on a piece of the land. Bill Moore of Brigham Moore, LLP and Timothy J. McDermott of Akerman Senterfitt argued for the appellant and appellee, respectively.

After the arguments, the judges answered questions from students and offered opinions on the importance of oral arguments in appellate courts.

“No matter how much you study or prepare, you always should be open, I think, and I am, to have somebody show you that there is another way to look at this issue,” Makar said.

Sarah Papadelias (1L) volunteers for Puppy Hill Farm at PetSmart as part of JMBA’s community service event benefiting local organizations.

By Francie Weinberg
Student writer   

The John Marshall Bar Association’s annual community service week Oct. 8-14 gave students at the University of Florida Levin College of Law an easy and fun to way to give back to the community.

The week began on Monday, Oct. 8, with Canned Immunity, a canned food drive that donates directly to St. Francis House, a homeless shelter and soup kitchen in downtown Gainesville.

For the second year in a row, students of Professors John Stinneford, Lyrissa Lidsky, Mark Fenster, Lea Johnston, Lee-ford Tritt and Jason Nance who brought cans to class were granted “immunity,” and were not called on for the day. Students also brought cans to the JMBA table. Approximately 650 cans were donated.

“I required students to bring at least two cans to class to get immunity,” Stinneford said. “When calling on students, I generally did not look to see whether they had the cans so they could claim immunity in front of the class and hopefully motivate classmates to bring their own cans the next day. I even let one unprepared student claim retroactive immunity by bringing his cans the following day. It was definitely a good time, and I’m glad to hear it was successful in gathering food for the needy.”

On Oct. 11, JMBA hosted a community service social at Mother’s Pub and Grill. Proceeds went to Caiti Pomerance, a second-year law student who will be biking from Maryland to California next summer in the 4K for Cancer benefiting the Ulman Cancer Fund for Young Adults.

Along the way, Pomerance and her bike group will participate in cancer-related service projects, including visiting cancer centers, cooking dinner at Hope Lodges and participating in Pedal Pals. Pomerance brought her journal to Mother’s to allow attendees to write down names of anyone they knew who were affected by cancer so she could ride in honor or memory of them. The social raised $820 and JMBA donated $180 to make it an even $1,000.

Law students groomed and fed horses at the Retirement Home for Horses at Mill Creek Farm in Alachua  as part of JMBA community service week earlier this month.

Throughout the weekend, the JMBA general board participated in onsite community service at four different organizations — The Retirement Home for Horses, Puppy Hill Farm, Hospice Attic Resale Store and Al’z Place.

The horses are no longer ridden or required to work. Eight law school volunteers helped to groom and feed them. An additional 12 volunteers helped adoptions at PetSmart with Puppy Hill Farm by walking, cleaning and attending to the dogs and cats at the store.

Puppy Hill Farm rescues animals from “kill shelters” and helps to adopt or obtain foster homes for them. Seven members helped sort through and clean items at Hospice Attic Resale Store, which donates proceeds to Haven Hospice.

Finally, 10 members volunteered at Al’z Place on Oct. 19 by going to music class and playing games with the day clinic’s attendees affected by Alzheimer’s disease.

“I was nervous people would be reluctant to help just because, as law students, a lot of times we get caught up,” said Kelly Wicker, vice president of community service for JMBA. “People really want to help; they just have to have people who are willing to get them out there.”

One of Wicker’s favorite community service events is making food baskets of full Thanksgiving dinners. Representatives will be coming around to classes to explain how students can participate starting in November.

Harvard Law Professor Janet Halley discussed Oct. 18 the current approach to same-sex marriage during the seventh annual Weyrauch Distinguished Lecture in Family Law. (Photo by Haley Stracher)

By Matt Walker
Senior writer

A “train wreck” is how Harvard Law Professor Janet Halley describes the legal regime prevailing for same-sex couples.

Until same-sex marriage is recognized and protected on a federal level, gay couples will continue to face potential legal complications due to varying degrees of recognition of civil unions and gay marriage from state to state, Halley said at the seventh annual Weyrauch Distinguished Lecture in Family Law.

In her Oct. 18 lecture, “Traveling Marriage: Why the Campaign for Same-Sex Marriage Cases Gets Marriage Wrong,” Halley discussed how relationships can be damaged and numerous legal problems can arise from the “flickering” of gay marriages.

“What happens with same-sex marriages and civil unions that are valid where formed, and they move to a DOMA (Defense of Marriage Act) state, is that they do what I call a flicker,” Halley said. “They are valid in one location and they are invalid in another location and will not be given legal recognition there.”

“The possibility that you’re forming a same-sex marriage in Massachusetts or some other state where it’s valid to do so means you’re handing over to your spouse the power to move to a DOMA state and do serious legal damage in the relationship because you can induce non-recognition of the relationship,” Halley said.

While states should recognized marriages formed in other states, some states use the Defense of Marriage Act to get around this by declaring same-sex marriages morally repugnant, she said.

Halley said ultimately same-sex marriage will need to be federalized to prevent these types of situations, but she said she’s not putting her hopes on the Supreme Court at this time because it is a conservative court that’s becoming even more conservative.

The current approach to gay marriage is heavily influenced by the traditional view established in the 19^th century that marriage falls under status law, which reflects the will of the state, rather than contract law, which reflects the will of the parties, she said.

“My advocacy is that we should really look at marriage not as status, which is what you do if you’re going to constitutional court,” Halley said. “We should look at it as its effects. And we should be ready for a long, long haul of very painful flickering.”

Halley teaches courses in family law, comparative family law and sexuality, and legal theory. 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 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.

The Weyrauch Distinguished Lecture in Family Law was established in honor of Professor Walter O. Weyrauch, internationally known for his work in foreign and family law. Weyrauch joined the UF Law faculty in 1957 as associate professor. He became professor in 1960, was Clarence J. TeSelle Professor 1989-1994, and became Stephen C. O’Connell Chair in 1994 and distinguished professor in 1998. A reception will follow the lecture.

Professor Lee-ford Tritt will discuss career opportunities in the area of estate planning, charitable giving and fiduciary administration today at noon in the Faculty Dining Room. He will also discuss why an estates & trusts certificate may be important to you and your future employment. There will be opportunity to apply for the certificate program and complete the priority registration form. And the officers of the Trusts & Estates Law Society will talk about the organization and why you should get involved. Lunch from Jason’s Deli will be provided.

Actor to teach art of persuasion class today

Today at 10 a.m., actor Paul Morella of Washington, D.C., will teach “The Art of Persuasion: Exploring Performance Philosophies in the Court Room” in the Martin H. Levin Advocacy Center. The class is free and open to the public. Morella has performed professionally in regional theater, film, television, and radio for more than 30 years, establishing a reputation as one of the more respected, versatile, and acclaimed actors in the Washington, D.C., metropolitan area. As a member of American University’s Washington College of Law Trial Advocacy Program, Morella has continued to explore the relationship between theatre and law, particularly in terms of how the techniques and philosophies of performance inform the communication between trial lawyers and the juries. At American University, he was Artist-in-Residence for the drama department, teaching acting classes, and conducting workshops. In addition, Morella has taught basic and advanced acting at Montgomery College, the Bethesda Academy of Performing Arts, and was professional Artist-in-Residence for Signature Theatre’s outreach program, Signature in the Schools.

Morella will also perform a one-man show as the famed trial attorney Clarence Darrow. The show is at The Hippodrome Theatre from 7 to 9 p.m. As a trial lawyer, Darrow won cases that seemed hopeless. Darrow is known as more than a lawyer. He is known as an orator, a philosopher and a champion of the poor. Tickets for the show are $50 and can be purchased at thehipp.org.

Deadline today to create a video about Fourth Amendment issues for chance to win $500

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. Please note:

The winner will receive a $500 cash prize and dinner with Professors Monique Haughton Worrell and George Dekle. The second place winner will receive a $350 cash price and the third place winner will receive $150. The winning entry will also be shown, along with other honorable mention entries, at a viewing party at the law school. At the discretion of the review committee, the winning entry may be selected to be aired on GatorVision network.

All law students enrolled at the Levin College of Law are eligible to enter. Deadline for submissions is today. Winners will be announced 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 on the CJC website (www.law.ufl.edu/academics/centers/cjc) or can be obtained from Eva Achero in Room 100, Bruton-Geer Hall.

CCD speaker Tuesday to discuss obtaining legal jobs in tight market

The Center for Career Development, along with co-sponsors the 8th Judicial Circuit Law Student Association and the UF Law Chapter of the Young Lawyer Division of The Florida Bar, host Pamela Spalter, Esq. for a presentation, “Identifying, Pursuing and Obtaining Legal Positions in a Tight Market.” The discussion is tomorrow at noon in the Martin H. Levin Advocacy Center courtroom. Spalter is a legal career consultant with more than 20 years of experience and will speak about how students can develop an action plan to land a job.

CCD welcomes 1Ls with events Thursday

The Center for Career Development is hosting a series of “1L Open House Sessions” on Thursday designed to inform students how to take advantage of CCD services. These mandatory sessions are organize by section time (Section 1- 10 a.m.; Section 2- 2 p.m.; Section 3- 1 p.m.) and will take place in the Chesterfield Smith Ceremonial Classroom, HOL 180. Students should plan to attend the “Application Documents Workshop” taking place at the same time on Thursday, Nov. 8. Students with conflicts are encouraged to email careers@law.ufl.edu.

Ninth Annual Minority Law Student Picnic set for Nov. 10

The Ninth Annual Minority Law Student Picnic will be held on Saturday, Nov. 10, in Hialeah, Fla. In the past, UF Law alumnus and U.S. District Judge Paul Huck (JD 65) has assisted with connecting Florida Law students with a mentor. If you are interested in having a mentor, complete the student application. Each year many UF law students attend this picnic by traveling themselves or on the bus provided by the law school. The trip to Hialeah will take approximately five hours, and the bus will depart from Gainesville at approximately 7 a.m. The bus will begin the return trip around 4:15 p.m. If you are interested in attending the picnic and riding on the bus, sign up at the Student Affairs Office front desk by Monday, Oct. 29, at 5 p.m. and complete the release form to ride the bus.

LIC Notes: Billable Hours LexisNexis Surveys

Two recent LexisNexis law firm surveys attempt to understand better the gap between hours billed and actual hours worked. The first study, “Billable Hours,” asks “Does the ability to bill more of the time worked vary by state and size of firm?” The second survey, “Non-Billable Hours,” digs deeper to attempt to answer questions such as “What types of activities eat up the time attorneys work but don’t bill to clients?” and “Do attorneys at larger firms more effectively bill hours than their colleagues at smaller firms, or is billing efficiency more related to practice area versus firm size?” While neither study solves the issue, both produce interesting results that can lead to more robust conversations among and with students.

Two positions are now available at the Florida Supreme Court for the Spring 2012 semester. They are each a five-credit externship, running Jan. 14 – April 26, 2013, and require 20 hours per week. You must have a clearance letter from The Florida Bar to participate. For more information or to apply, contact Tim McLendon in CGR in 230 Bruton-Geer, by email at mclendon@law.ufl.edu, or by phone at 273-0835.

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.

Spring Semester Foreign Enrichment Course and Spring Break Field Course will feature International Development Law and Policy

The UF Levin College of Law Environmental and Land Use Law Program will offer the following conservation and development practice related courses for Spring 2013 Semester:

• Contemporary International Development: Law, Policy and Practice (1 credit) (Spring semester on campus)
• Sustainable Development Field Course: Law Policy and Practice (2 credits) (Spring Break in Belize)

Students are eligible to enroll in either or both. Course descriptions and further information provided below.

Contemporary International Development: Law, Policy and Practice (1 credit) addresses the international and comparative law framework within which international development is carried out. The course will explore models of international development and development assistance as these have evolved since the Post-WWII Breton Woods accords that created the World Bank Group and regional progeny.  Topics that will be addressed include, but are not limited to free and fair trade, environmental security, human rights and global health.  The course will be coordinated by UF Law faculty and taught by law and policy practitioners from Costa Rica, Argentina and Jamaica.  Course instructors include Otton Solis, a Costa Rican development economist, former minister of the economy and presidential candidate; Oscar Avalles, an Argentinean attorney and World Bank country director for Guatemala; and Danielle Andrade, a Jamaican environmental and human rights attorney with the Jamaica Environment Trust.  The one-credit course will meet for one hour on Tuesday and Wednesday at 9 a.m. and conclude on Feb. 27 before spring break.

SPRING BREAK FIELD COURSE IN BELIZE

Sustainable Development Field Course: Law Policy and Practice (2 credits) will provide students with an on-site, interdisciplinary understanding of the law and policy challenges associated with “sustainable development” in a developing country.  Students will travel to and within Belize over Spring Break and delve into international and domestic law issues concerning protected areas, indigenous land rights, intellectual property in biological diversity, water, mining and energy development, fisheries and coral reef conservation – all within the context of national pressures for human development.  In addition to domestic Belizean law and international development policy, students will be exposed to the unique legal framework of the commonwealth Caribbean. The course will include skills exercises based around ongoing projects of the UF Law Conservation Clinic.   The course includes a Program fee that will cover in-country expenses and students must make their own international travel arrangements.  Enrollment is capped at 12 students.  Preference in given to students enrolled in the college of law’s Environmental and Land Use Law Program, but others may apply on a space-available basis.

Students interested in either course can contact Professors Tom Ankersen (ankersen@law.ufl.edu) Mary Jane Angelo (angelo@law.ufl.edu) or Research Assistant and Joint J.D./M.D.P candidate Gentry Mander (Gentry.Mander@gmail.com )

John DeVault

By Francie Weinberg
Student writer

John DeVault III (JD 67) had no connection to lawyers growing up, but what he did have was books. He read about Clarence Darrow, Thurgood Marshall and other great lawyers.

“Those were life-changing events in our world, and seeing that lawyers had the ability to have that kind of impact really made an impression on me,” DeVault said. “I thought what lawyers did was go to court. Arguing in court was exciting to me so that’s always what I wanted to do and what I’ve always done.”

As a journalism major at the University of Florida, DeVault spent much of his time traveling the country with the Debate Team. He was also active in Florida Blue Key. In law school, he joined the moot court team and was executive editor of the Florida Law Review. He excelled in trial practice.

DeVault took ethics classes in the evenings, during which lawyers and judges from around the state would come to talk to students. He remembers one night in particular when Judge Tyrie Boyer from Jacksonville visited his class.

“I remember him saying, ‘there’s one firm that appears before me and every time they appear I know they will be well-prepared,’” DeVault recalls. “After that class, I went up to him and I said, ‘Judge Boyer, if you don’t mind, would you tell me who that firm is? Because that’s where I want to go to work.’ So I did everything I could to become an associate at that firm and fortunately I was lucky enough to get a job there and I’ve been here ever since.”

DeVault is now managing partner of the Bedell Firm in Jacksonville, the oldest law firm in Florida. He is dedicated solely to litigation matters and supervises the activities of the firm and its 14 lawyers.

DeVault also served as president of The Florida Bar from 1995 to 1996 where he promoted professionalism among lawyers. He has handled a variety of cases such as a child abuse case against the city, a commercial damages case against David Boies and arguing a criminal conspiracy appeal in the U.S. Supreme Court. Most recently, he represented three Florida Supreme Court justices as they fought the removal of their names from the November merit retention ballot.

But the most rewarding part of his job? Successfully defending a person charged with a federal crime who faces the possibility of years in prison.

“The big verdicts are nice, but seeing someone walk out of the courtroom free of federal criminal charges is the most satisfying,” he said.

DeVault also enjoys raising thoroughbred horses in Ocala with his wife, Sue, traveling and reading.

Despite the growing number of small firms merging into larger firms, DeVault still has hope for firms like Bedell.

“I like to think that a firm like ours that specializes in a particular area and does it well continues to have a place in the legal community,” he said.

He also sees bright futures for students who wish to practice law, especially those graduating from the Levin College of Law.

“I know for law students the job market is really difficult and a lot of people discourage students from going to law school,” DeVault said. “But I think if you go and excel at a law school that gives a good education and is well-regarded, such as University of Florida, that despite the job market and the prospects, individuals will be successful.”

He encourages students to be open to different opportunities and experiences. The more areas of the law that they can work in before settling into a career, the better. He also suggests that every student find a mentor that they can trust and be inspired by, as he was by Chester Bedell. Most importantly, though, DeVault encourages students to be prepared.

“What sets good lawyers apart from mediocre lawyers is preparation,” DeVault said. “If you know what to expect and you’re ready for it, you’ll come out better. Assume every lawyer that’s on the other side is smarter than you and that you need to work hard to overcome that.”

“Kindle users could get refunds on e-books” (Oct. 18, 2012, The Alligator)

A judge is looking to approve a settlement that says that Kindle users will get 30 cents back to each $1.32 spent on e-books due to the inflated price of books.

From the article:
Jonathan Cohen, a UF law professor, said a judge has grounds to sign this order because both parties have worked at a settlement, and it is enforceable. In this case, he said, it’s the court’s decision.

George “Bob” Dekle
Director, Criminal Prosecution Clinic; Assistant Director, Criminal Justice Center, Master Lecturer

“Trayvon Martin shooting: Should victim’s high school file be made public?” (Oct. 19, 2012, The Christian Science Monitor)

This article discusses the changes that will be made in the Trayvon Martin case as a new judge presides over the hearings. The final trial date was set, leading to questions surrounding whether or not it is acceptable to make Martin’s high school files open to the public.

From the article:
Currently, Nelson is dealing with practical legal questions as well as the deeper moral and ethical dilemmas the trial is likely to present, says law professor George “Bob” Dekle of the University of Florida. “Right now, she’s likely playing catch-up, trying to get up to speed on what the case really involves,” he says.

“Unnecessary does not mean unlawful, and just because somebody whose stupidity or an excess of testosterone puts himself in a situation where he has to use deadly force, the defense argument is that he still has a right to defend himself, and that is a justifiable argument that could be made in this situation,” says Professor Dekle.

“Let’s say you walk up to somebody and slap him in the face and he turns around and decides to try to use deadly force against you,” he adds. “Because you provoked that situation, under the law you don’t have a right to stand your ground, but under preexisting law, if you get backed into a corner, where you cannot retreat anymore, you still have a right to defend yourself, and use deadly force doing it.”

“Of course I can’t say anything specifically about this judge, but I have seen judges in similar situations initially deny [self-defense] motions, let the jury decide, and then come back and review the decision after the conviction and then revisit the immunity issue and dismiss the case,” says Dekle. “There could be a stimulus on the part of the judge in a situation like this to see if the jury will take care of it for them.”

Paul R. Gugliuzza
Visiting Assistant Professor

The Georgetown Law Journal recently published two online responses to Gugliuzza’s article, “Rethinking Federal Circuit Jurisdiction,” as well as Gugliuzza’s reply, “Pluralism on Appeal.”  You can find the entire discussion here:  http://georgetownlawjournal.org/ipsa-loquitur.

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Florida Supreme Court discuss merit retention” (Oct. 19, 2012, The Alligator)

Dean Mills introduced the four justices who came to discuss the importance of an independent judiciary. They discussed merit retention decided through voter election as a threat to a fair and balanced judicial system.

From the article:
UF adjunct law professor Carl B. Schwait began the event, and Dean Jon L. Mills introduced the justices.

“We take for granted what the Constitution did for an independent judiciary,” Mills told the crowd.

Jason P. Nance
Assistant Professor of Law

Nance presented a working paper titled “An Analysis of Strict Security Measures in Public Schools: Evidence of Racial Disparities” at the Southeast Law School’s faculty workshop held at Tulane Law School.