Would you like to work with a federal judge this summer? How about a government agency like the SEC, USPTO or the EPA? Would you like to earn credit while you work? On Wednesday at 5 p.m. in the Chesterfield Smith Ceremonial Classroom (HOL 180), learn about Summer 2013 externship opportunities and early deadlines.

Spring Supreme Court Externships

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 conservation and development practice related courses for spring semester. Students are eligible to enroll in either or both:

• 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)

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 Argentine 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 )

Mike Panella (3L) has a motto: “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy.” Proverbs 31:8-9.

Earlier this year, Panella witnessed the intense media attention on the Trayvon Martin shooting, which unfolded into the George Zimmerman case. True to his motto, he became determined to be a part of Zimmerman’s defense team, headed by Mark O’Mara.

“When I first heard of the tragic events of Feb. 26th, 2012, I was appalled.  However, after I started learning that we may not have gotten the whole story initially, and saw the way Mark was handling this case, I knew I needed to be a part of it,” Panella said.

Zimmerman, a Hispanic neighborhood watch leader, shot and killed the unarmed teenager, who is black, on Feb. 26, 2012, in Sanford, Fla. Zimmerman is charged with second-degree murder and is claiming self-defense. A Self-Defense/Immunity Hearing is expected in April 2013.

Over the course of a month, Panella sent certified letters, made numerous calls, and finally showed up in front of O’Mara’s Orlando office one Saturday evening for an impromptu interview. Less than a week later, he landed a summer internship.

But what was to be a summer internship became a year-long journey into one of the most talked about criminal cases in the United States. To continue working on Zimmerman’s case, Panella moved to Orlando with his wife to become a transient student at Florida A&M University for his last year of law school.

Panella is now part of an eight-person defense team including, in addition to O’Mara, several interns, a media consultant, and Defense Attorney Don West. Since joining, Panella had the opportunity to be a part of many strategic decisions, such as drafting both a motion for recusal, and ultimately a successful petition for writ of prohibition to the 5th District Court of Appeal.

“I remember some nights being in the office until 11 p.m. putting together the over 400-page appendix that accompanied our petition,” Panella said.

Zimmerman’s case, unlike most criminal cases, has the added complication of intense social and cultural components, which brings heightened media scrutiny.

“I have had a unique, inside opportunity to learn how powerful and, indeed in this case, how devastating an effect the media can have on the public perception of a defendant,” Panella said.

According to Panella, Zimmerman’s case is so unusual that the defense team sometimes “considers doing the opposite of a normal case.” Thus, an everyday request for discovery may include an in-depth analysis into repercussions, such as public records requests that might be forthcoming from the media.

“It is a real battle,” Panella said. Although there is concern for how the publicity will affect the selection of an impartial jury, Panella remains hopeful.

“I am in good company with the Supreme Court in thinking jurors have the ability to be impartial,” Panella said.

Despite the worries that accompany a high profile case, Panella feels fortunate to work for O’Mara, who is a specialist in his field.

“Mark has done an incredible job of incorporating all members of our small ‘team’ into the defense strategy. He has included me in many, if not most of the decisions we make,” Panella said.

The desire to work on Zimmerman’s case emanated from Panella’s life-long passion for the law and the unique ability a lawyer has to protect the innocent. Panella credits a change in his perception of criminal defense to the federal public defenders he spoke to before attending law school.

“It was giving a voice to the voiceless, and seeing a situation in a different light – that many times you, as the lawyer, are the only thing that stands between your client and an overbearing government,” Panella said.

Since his first year of law school, Panella devoted much of his time to working with criminal defense attorneys in Gainesville. According to Panella, these experiences helped to develop his passion.

As for what the future may bring, Panella hopes to see Zimmerman’s case to the end and use the knowledge he gained from the experience to continue practicing criminal defense after graduation.

“If I can be a part of helping to bring this thing to a peaceful resolution, then this case has absolutely solidified my desire to honestly help those who may not be in the position to defend themselves.”

W. George Allen (JD 62), front center, UF and UF Law’s first black graduate, was honored Sept. 12 in celebration of 50 years since his graduation. (File photo)

By Marcela Suter

The importance of diversity and declining black law student enrollment were among the topics of a panel discussion, “50 Years, Now What? The State of the Black Student at UF Law,” sponsored by the W. George Allen Chapter of the Black Law Students Association Oct. 23 in the Chesterfield Smith Ceremonial Classroom. The panel included Professor Kenneth Nunn, Professor Michelle S. Jacobs, Dean Robert Jerry, and Assistant Dean for Admissions Michelle Adorno.

In 2012, UF Law admitted 38 black law students, but only 10 accepted in a class of 287. BLSA President Brandon Campbell (2L) contacted some individuals who did not accept admission to UF, and the primary reason cited by black students who enrolled elsewhere was that other law schools offered them better financial aid packages.

Dean Jerry noted the same thing in other data assembled by the UF Law Admissions Office.

“There are many factors in a student’s decision about where to go to law school, but the primary reason African-American enrollment declined this year at UF Law was insufficient financial aid,” Dean Jerry said. “The relative lack of scholarship resources at UF Law, when compared to other law schools with which we compete, affects all students, but we see in the data that too many African-American students whom we admitted and wanted to enroll at UF chose to go to other schools that were able to create larger financial aid packages.”

According to BLSA and Office of Admissions data, black law student enrollment decreased significantly from 2010 to 2012. From 2007 to 2010, total enrollment at the law school declined by 19 percent, but because African-American enrollment declined 6 percent in that same time period, the percentage of blacks enrolled at the college increased from 5.9 percent in 2007 to 6.8 percent in 2010. But a significant decline in enrollment in 2012 has caused the percentage of blacks enrolled in the college to decline to 4.8 percent, even though the percentages of racial and ethnic minority students enrolled in the college from 2010 to 2012 are the law school’s largest since 2002.

“Because we had a relatively large black graduating class in the spring of 2012, the low fall 2012 enrollment has led to a significant decline in overall black enrollment,” Jerry explained. He said the proportion of blacks in the college exceeded 6 percent in 2009, 2010, and 2011, largely due to black entering class enrollment exceeding 8 percent in 2009 and 2010. “Those two years were among the highest for black entering class enrollment since One Florida.“

Dean Jerry has created the Diversity and Admissions Task Force to identify short-term and long-term strategies to help boost black enrollment and improve the diversity of the J.D. applicant pool. It is co-chaired by Professor Sharon Rush and Florida Bar President-elect Eugene Pettis (JD 85), the first black elected to lead The Florida Bar. The committee consists of faculty, students and alumni.

“Diversity is important in the law school – and in legal education generally – because without it, we cannot achieve diversity in the legal profession, which is of vital importance to our justice system, our democracy, and ultimately our country,” Jerry said.

Event co-organizer Miaya McCray (3L), immediate past president of BLSA and director of community service for the southern regional board of BLSA, which includes nine states in the South, believes that in order to recruit more black students there will have to be a collaborative and transparent effort between the administration, students and alumni.

“Financial aid is of grave importance in retaining new black students but it is only a piece of the puzzle. Reputation among current students and black alumni is extremely important to students when choosing schools as well. To that end, administration should work to facilitate teamwork among currently enrolled students and the Office of Alumni Affairs in reaching out to black alumni who can serve as supplemental resources to the efforts of the administration in recruitment and securing more scholarship funds.” McCray said. “As a heralded flagship institution in the state of Florida, 10 just won’t do.”

Increasing or even maintaining black enrollment is a challenge for law schools nationwide. The number of black law school applicants in the southeastern U.S. declined 21 percent between 2010 and 2012, and nationwide declined 14.5 percent over the same period. On Being a Black Lawyer magazine compiles a list of what it considers the “Top 25 National Law Schools for Black Students.” In terms of black student enrollment, its top 25 ranges from Howard, a traditionally black university in Washington, D.C., with 82.2 percent African-American enrollment, to the University of Texas in Austin, with 4.8 percent black enrollment, with only Rutgers and Harvard Law cracking 10 percent. University of California at Berkeley comes in at 5.4 percent, for example, and Emory at 5.2. The magazine ranks UF Law one of the top six schools for blacks in the South, along with the University of Arkansas at Little Rock, Florida State University, University of Georgia, Georgia State University and Louisiana State University.

Tabitha Taylor (2L) is a Hispanic student and vice president of BLSA, who organized the panel discussion. She joined BLSA because of the values and principles that it represents.

“While BLSA focuses its efforts on the black student population, the issues are applicable to all minority students,” Taylor said. “BLSA is a very welcoming organization that encourages students of all colors and backgrounds to join.”

Taylor believes that diversity in an educational setting will benefit all students.

“When you are a 1L in a section of 99 peers and they all have the same perspective as you, you’re not going to see things differently, and you’re not going to be able to analytically approach a situation from multiple aspects,” Taylor said.

Taylor says students benefit from a diverse law school as they embark on their legal careers.

“We’re not entering a world where all our clients are the same, or all of our co-coworkers are the same,” Taylor said. “You never know what kind of client you’re going to get or what kind of co-workers you’re going to be placed with and it’s really important that law students are exposed to that and acclimate to that.”

Campbell shares Taylor’s view of the importance of diversity.

“There are some aspects of other cultures that you don’t know and in order for you to learn that, someone has to tell you,” Campbell said. “If you don’t have enough diversity in a room, discussions tend to go without having that extra knowledge there.”

Dean Robert Jerry will once again be performing at this year’s Gator Growl on Friday at 7 p.m. where his band, in crisis, will kick out the jams, playing rock hits from the ’50s through the ’80s. Jerry plays the electric piano and synthesizer in the group, which is also comprised of College of Design, Construction and Planning Dean Chris Silver, School of Architecture Director Martin Gold, School of Architecture Assistant Director John Maze, Architecture Adjunct Professor Mick Richmond and Computer Programmer-Analyst Andy Shivers. In crisis will be the opening act for comedians Josh Turner and Tracy Morgan. Last year, the band opened for the Goo Goo Dolls. Other homecoming weekend activities will include UF’s Homecoming and Alumni Barbecue, which will begin at 10 a.m. on Nov. 10, and last until kickoff. The barbecue features games, contests and more. Ticket information for the both events can be found at http://gatorgrowl.org/buy-tickets/.

JMBA hosts Town Hall meeting Nov. 13

JMBA will host a Town Hall meeting Tuesday, Nov. 13, from noon to 1 p.m. in the Chesterfield Smith Ceremonial Classroom (HOL 180). Students can submit questions to jmba.townhall@gmail.com or at the JMBA table. (Note: This is not the Town Hall meeting hosted by the administration, which has been postponed to the spring semester).

Antitrust expert from Georgetown to speak at Heath Lecture

On Nov. 16 at 10 a.m. Georgetown Law Professor Howard Shelanski will present “Information, Innovation, and Competition Policy for the Internet” as this year’s Bayard Wickliffe Heath Memorial Lecture Series in the Martin H. Levin Advocacy Center courtroom. Shelanski has been on leave from Georgetown to serve as director of the Bureau of Economics at the Federal Trade Commission since July 2012. Read more about him here.

The Heath Memorial Lecture Series is made possible by a gift from Inez Heath, Ph.D., widow of Bayard “Wick” Heath. Before his death in 2008, Heath was the senior competition consultant with Info Tech, a Gainesville firm specializing in statistical and econometric consulting, expert witness testimony and antitrust law.

Annual Professor Auction goes live Wednesday

The annual Law Association for Women Professor Auction started Nov. 1 and will go live at 3 p.m. on Wednesday in the courtyard. Silent bids are binding if not outbid during the live auction. Dozens of items have been donated, including lunch, dinner and desserts around Gainesville and activities such as mini-golf, yoga, biking, bowling and a beach weekend. Kaplan and BARBRI have also offered discounted Bar prep courses. All proceeds benefit PACE Center for girls, a Florida-based, nationally recognized nonprofit organization that provides non-residential, prevention, intervention, and diversion services for at-risk girls and young women ages 12 to 17. Representatives from the organization will be in attendance. Bring cash or check to the live auction.

Ninth Annual Minority Law Student Picnic set for Saturday

The Ninth Annual Minority Law Student Picnic will be held Saturday 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.

LIC Notes: Welfare drug testing case heard before the 11th Circuit

Last year, Florida passed a controversial law (Laws of Florida 2011-81 (codified at Fla. Stat. § 414.0652)) providing for universal drug testing for applicants for Temporary Cash Assistance under Florida’s Temporary Assistance for Needy Families program. On Nov. 1, 2012, oral arguments before the United States 11^th Circuit Court of Appeals in the case of Lebron v. Secretary, Florida Department of Children and Families, No. 11-15258, challenged the constitutionality of TANF’s universal drug testing requirement. To track this case or read the pleadings, Bloomberg Law provides free access to federal filings for UF Law faculty, staff and students. If you would like access, contact Jennifer Wondracek at wondracekj@law.ufl.edu. All others may use the PACER system to track the docket.

Matthew Goodwin (2L) and Will Anderson (3L) competed in the Florida/Georgia moot court competition Oct. 26 with the help of their student coach, Bob O’Linn (3L), center.

By Felicia Holloman (3L)

The UF Law Moot Court team had a busy October, sending competitors to three competitions around the state.

Joey Posey (2L) and Alfredo Ferrer (2L) competed at the Puerto Rican Bar Association Moot Court competition in St. Augustine, where they won the award for best brief and were less than a point away from winning the competition.

Posey and Ferrer argued constitutional issues regarding the voting rights of citizens in United States territories and whether a democratic style of government must be provided to the territories.

“Puerto Ricans are United States citizens with no representative in Congress and no voice in the presidential election,” explained Posey.

While the future rights of citizens in U.S. territories will continue to be debated, both competitors agreed that the competition was a success.

“It was great to see the city of St. Augustine, and to meet so many passionate and dedicated persons to the Puerto Rican cause,” Ferrer said.

Posey believes the competition has a potential impact.

“The Puerto Rican Bar Association Moot Court Competition had the modest goal of starting a national dialogue over voting rights for residents of Puerto Rico,” he said. “Their goal was achieved, and the seeds of change were planted.”

Meanwhile, Chelsey Clements (2L), Kevin Stone (2L), Danielle Tamir (2L), and Kristina Gandre (2L) competed at the Thomas Tang Moot Court competition regional qualifier in Jacksonville. Both teams wrote briefs and argued on the issue of bringing suit in the U.S. against individuals or corporations violating international law.

“I learned a lot at this competition about how moot court works in general. I am looking forward to taking this new knowledge with me to future competitions and sharing it with the rest of the moot court team,” Clements said.

The Hulsey-Gambrell Florida Georgia Moot Court Cup was the final competition of the month. Matthew Goodwin (2L) and Will Anderson (3L) argued against a University of Georgia moot court team before five judges in Jacksonville a day before the football teams kicked off.

Although the team came up short, Judge Tjoflat joked, “If the court issued an opinion on this case, there would have been a heated and passionate dissent in favor of the Gators.”

-Robert O’Linn (3L) contributed to this report

Have you ever considered trying to suppress an emotion to better convey it or using upward inflections at the end of a thought to draw in an audience?

Paul Morella, an actor in Washington, D.C., challenged a crowd of University of Florida College of Law students on Oct. 29 to channel their inner actors during trial.

In Morella’s presentation, “Art of Persuasion,” he discussed a number of acting techniques that may help lawyers better communicate with a jury.

For example, to convey passion to the audience, Morella suggests acting as if the issue at trial happened to someone you know.

“If it is personal to me, it resonates with the audience,” Morella said.

When asked about overcoming stage fright, Morella advised students to focus on tasks to avoid self-consciousness. “Stage fright is energy. The question is how do you channel it?”

Morella considers speaking too fast a frequent pitfall of law students. Silence, he believes, can be a powerful instrument in emphasizing a point to the jury.

“It takes a lot of confidence to trust that the silence will be filled,” Morella said after taking a long pause.

To avoid a monotone delivery of an opening statement or closing argument, Morella told students to try suppressing an emotion.

“A drunk does not try to be drunk; he tries to be sober,” Morella said. According to Morella, through the act of masking one’s emotion or state of mind, individuals often inadvertently publicize their feelings.

But Morella insists that using acting techniques in trial need not be disingenuous or manipulative.

“Acting actually is channeling a particular character through who you really are,” Morella said.

Morella’s lecture is part of a class he teaches at the Washington College of Law. When he is not teaching, Morella is a stage actor. He recently starred as Clarence Darrow at the Hippodrome Theater in Gainesville and has portrayed many famous lawyers in plays throughout the years.

“Darrow is probably the most famous trial lawyer of the 20th century,” Morella said.

The presentation was hosted by the UF Law Trial Team and the Southern Legal Counsel.

Top Washington, D.C., experts discussed the implications of the “fiscal cliff” during the third annual Ellen Bellet Gelberg Tax Policy Lecture Oct. 26. Lindy Paull (JD 79, LLMT 80) addresses the crowd as Thomas Barthold, far left, Lily Batchelder and Mark Prater (LLMT 87) look on. (Photo by Haley Stracher)

By Francie Weinberg
Student writer

A panel discussion by Capitol Hill insiders about the expiring tax cuts and across-the-board spending cuts known in Washington, D.C., as the “fiscal cliff” attracted more than 150 guests Oct. 26 to an annual lecture at the University of Florida Levin College of Law.

The third annual Ellen Bellet Gelberg Tax Policy Lecture drew a crowd of students, faculty and staff to the Chesterfield Smith Ceremonial Classroom. Panelists were Mark Prater (LLMT 87), deputy staff director and chief tax counsel of the Republican staff, Senate Finance Committee; Thomas Barthold, chief of staff of the Joint Committee on Taxation; and Lily Batchelder, chief tax counsel of the Senate Finance Committee. The discussion was moderated by Lindy Paull, (JD 79, LLMT 80) co-managing partner at PricewaterhouseCoopers LLP and former Joint Committee on Taxation chief of staff.

The panelists explained their perspectives on the tax cuts set to expire at the end of the year, which will trigger higher average tax bills of almost $3,500 across all households in the U.S., and $2,000 for middle-income households, resulting in unprecedented tax hikes that could result in a major economic slowdown unless the current rates are renewed.

The panelists shared quips about the “glamorous” life of tax lawyers and maintained a high level of respect for each other despite diverse political views. Subjects of the discussion ranged from the environment to jobs to short-term tax policy and the election and finished with a question and answer session.

“Tax reform is a complicated process,” said Professor Dennis Calfee. “These are all the people that are dealing with it on a day-to-day basis and have for 20 years. This is an opportunity for students to become better citizens in the future and be more informed now.”

Students like Jang Hahm, a U.S. and South Korean citizen earning his LL.M. in Taxation, understands the importance of events like these. He said they give him insight into the logic behind tax reform.

“I think this helps me learn how the legislature works in making changes,” Hahm said. “I can understand the whole framework in a way that I could not in a classroom. I cannot learn the effects of their changes sitting in class.”

The Ellen Bellet Gelberg Tax Policy Lecture Series is an endowed lecture series that examines tax policy and how its implementation affects the economy and people’s lives. Gelberg, who holds a J.D. and LL.M. in Taxation from UF Law, established the lecture series to bring distinguished lecturers to the college each year to speak on tax policy topics to students and faculty, and provide a special opportunity for reflection on the policies supporting the U.S. tax structure.

“Employers hold the hammer when it comes to office politics” (October 31, 2012, Reuters)

This article points out that in most states employers can fire their employees based on a number of reasons, including disagreeing with their political views. This issue recently arose in Florida when Westgate Resorts owner David Siegel said employees would lose their jobs if Barack Obama is re-elected.

From the article:
In Florida, as in most states, private-sector employees can be fired for anything from their political beliefs to the kind of clothing they wear. Most private companies are protected by a statute called “employment at will,” said Joseph Little, professor of law emeritus at the University of Florida.

While the First Amendment protects a public-sector employee’s freedom of speech, private-sector workers are “at the whim of the employer,” insisted Little.

“The employer, in the absence of a contract of any kind, is able to say I want only republicans in my employment and if you’re not a republican you’re finished.”

Martin J. McMahon Jr.
Stephen C. O’Connell Professor of Law

McMahon presented Oct. 26 at the University of Montana School of Law 60th Annual Tax Institute in Missoula, Mont., on “When Subchapter S Meets Subchapter C” with Prof. Daniel Simmons.

McMahon presented Oct. 15 at the 46th Annual Southern Federal Tax Institute in Atlanta, Ga., on the “Recent Developments in Federal Income Taxation” with Prof. Ira Shepard.