DeeDee Scheller (2L), left, Ryan Gilbert (3L) and Jessica Clements (2L) will represent the petitioner for the Florida Moot Court Team in the Raymer F. Maguire, Jr. Moot Court Competition, sponsored by Holland & Knight LLP. (Photo by Elise Giordano)

By Matt Walker
Senior writer

The current members of the Florida Supreme Court will once again visit the University of Florida Levin College of Law to hear oral arguments in the 29th annual Raymer F. Maguire Jr. Appellate Advocacy Competition this Thursday at 10 a.m. in the Martin H. Levin Advocacy Center courtroom. The event is free and open to the public.

The competition will feature two teams of skilled advocates from the Florida Moot Court Team, who will later compete in the American Bar Association competition. Jessica Clements (2L), Ryan Gilbert (3L), and DeeDee Scheller (2L) will represent the petitioner. Ian Dankelman (2L), Danielle Grundt (3L), and Brandon White (3L) will represent the respondent.

“The Maguire event is an annual exhibition of our team’s oral advocacy skills and what better panel to act as judges, than the Florida Supreme Court,” said Moot Court President Dylan Shea (3L). “Any time the student body has the opportunity to interact with such esteemed members of the judiciary it is both an honor and a tremendous opportunity, and this year is no exception.”

Ian Dankelman (2L), left, Danielle Grundt (3L) and Brandon White (3L) will represent the respondent in the upcoming moot court competition. (Photo by Elise Giordano)

The competitors will present legal arguments based on questions about a police detective’s qualified immunity from a civil liability arising out of the arrest of an innocent man for a sex offense. The competitors will argue this case in the regional round on Feb. 14, in Las Vegas, Nev. If they win the regional round they will advance to the national round.

At the Maguire competition, the Florida Supreme Court will remember the life of former Justice Ben Overton who passed away in Gainesville on Dec. 29. Overton was a double gator and served UF Law as an adjunct professor until his passing. For more on Overton, visit http://www.law.ufl.edu/history/ben-overton-in-memoriam.

“This year’s competition is partly clouded by the sadness of Justice Overton’s recent passing,” Shea said, “however, we plan to use the opportunity to honor his memory and acknowledge his achievements. He is an example of how members of the Florida Supreme Court have consistently shown a commitment to foster the learning experiences of law students who will shortly enter the legal profession.”

One of the foremost national moot court teams, the Florida Moot Court Team competes each year at over a dozen tournaments throughout the country. The team has been a fixture at UF Law since 1909 when the college was founded, but was organized into its current form in 1961.

At that time, the Maguire Appellate Advocacy Competition was sponsored by the Orlando law firm of Maguire, Voorhis & Wells, P.A. The competition is named after Raymer F. Maguire, Jr., son of the founder of Maguire, Voorhis & Wells, P.A., managing partner of the firm, and UF Law alumnus. In the summer of 1998, Maguire, Voorhis & Wells, P.A. merged with the law firm of Holland & Knight LLP, who also became a proud sponsor of the competition.

The Communications Office at UF Law seeks a talented writer to assist with covering news, events and feature stories for its weekly publication, FlaLaw Online. Stories may also be considered for publication in UF Law eNews and UF LAW magazine for alumni. Students are welcome to apply for this fun and flexible position. Organization and ability to meet deadlines are a must. Knowledge of AP Style is preferred. Approximately 10-15 hours per week. Send writing samples and resume to FlaLaw Editor Whitney Smith at smithw@law.ufl.edu.

Paid research assistant position available

Dean Emeritus Jon Mills is accepting applications for a paid research assistant position for the spring semester working for up to 10 hours per week. The position is open to second- and third-year law students. Mills’ research interests include: First Amendment law, cyberlaw and the legal implications for privacy in the digital age. Interested students should send a resume and a legal writing sample (i.e. journal note, 1L memo, etc.) to Lenny Kennedy at lkennedy@law.ufl.edu by Friday, Feb. 1.

Introduction to Law School and the Profession (ILSP) 2013 Ambassador Program

Ambassadors are current students who are selected for their interest in helping new students prior to, during, and even after the ILSP. If you are interested in being a part of the Ambassador team, submit an application(s) and resume to the Office of Student Affairs and sign up for an interview.

Visit the webpage, which further explain the process:

• Program Overview
• Frequently Asked Questions
• Coordinator Application
• Ambassador Application
• Returning Ambassador Application

Coordinator application packets are due by Friday, Jan. 25, at noon. Ambassador application packets are due by Wednesday, Feb. 6, at noon. Contact Michelle Ocepek in Student Affairs for more information at ocepek@law.ufl.edu or 352-273-0620.

Students may pick up tickets in the Office of Student Affairs and faculty and staff may pick up tickets from Doris Perron in the dean’s suite. In the event of rain, Stevens’ talk will be moved to the Chesterfield Smith Ceremonial Classroom (HOL 180), and the first 200 people who pick up tickets will be allowed into the classroom to watch the discussion. No book bags or other large bags will be allowed through the security point. No re-entry into the courtyard will be permitted.

A new video highlights the ways UF Law is growing and improving despite economic challenges. New facilities, elite speakers, improved student services, conferences and endowed chairs and professorships mean a stronger Levin College of Law.

LIC Notes: Florida Land Use Case before U.S. Supreme Court

On Tuesday, Jan. 15, the United States Supreme Court heard arguments in the Florida land use case of Koontz v. St. Johns River Water Mgmt. Dist., Docket No. 11-1447. Koontz applied for permits to develop 3.7 acres of his Orange County property in 1994 but was denied when he refused to improve additional wetlands that he owned in exchange for the permits. The questions presented in the case were:

• Whether the government can be held liable for a taking when it refuses to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994); and
• Whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use.

http://www.supremecourt.gov/qp/11-01447qp.pdf (full facts omitted).

The full briefs of the petitioner and the respondent are available on the ABA website.

Of special note is the work of Professor Mark Fenster, Cone, Wagner, Nugent, Hazouri & Roth Tort Professor of Law at the Levin College of Law, in the preparation of the amicus curiae brief on behalf of the National Governors Association, National Conference of State Legislatures, Council of State Governments, National League of Cities, National Association of Counties, International City/County Management Association, and International Municipal Lawyers Association in support of the respondent. Fenster was cited in the Orlando Sentinel article “U.S. Supreme Court hears arguments in Central Florida land-development case” by Kevin Spear, which appeared on the newspaper’s website on Jan. 13. The article may be accessed here.

Costa Rica 2013 summer abroad informational meeting today at noon

Students with an interest in participating in UF Law’s 2013 Costa Rica program are encouraged to attend an informational meeting Tuesday at noon in HOL 382. 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. Students who attended the fall informational meeting are also encouraged to attend.

The UF Law Costa Rica Program emphasizes interdisciplinary learning that includes skills training in a cross-cultural, practice-oriented environment. The program offers 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 including course descriptions, syllabi, field trips, photos and budgets, etc. can be found on the program website.

Learn about summer externships Wednesday

Students interested in applying for 2013 summer externship opportunities are encouraged to attend an informational meeting Wednesday at 5 p.m. in the Chesterfield Smith Ceremonial Classroom (HOL 180).

The UF Law externship program offers students the opportunity to earn academic credit while working in a variety of legal settings. Externships are offered in Florida and throughout the United States and include positions in government agencies, state and federal courts, non-profit organizations and corporations. Externships are offered in areas such as family law, criminal law, health care, local government and higher education law, just to name a few. In this meeting, directors will discuss the program requirements, the application process, application deadlines, required documentation and much more.

For general information about the program and to view the Summer Externship Guide – Part 1, visit http://www.law.ufl.edu/academics/academic-programs/externships.

Multicultural & Diversity Affairs showcases annual MLK celebration

Multicultural & Diversity Affairs is proud to showcase the annual University of Florida Martin Luther King, Jr. Celebration 2013. UF celebrates King’s legacy and his commitment to social justice through a collaborative campus-wide celebration of educational programs, social events and service initiatives designed to empower participants to use their strengths, passions, and talents to better the lives of others and impact their community. This year’s celebration began Monday and goes through Thursday, Jan. 31. Visit www.UFMLK.org for more information.

Nelson Symposium examines conflicts between state and federal laws Feb. 8

Preemption — the subject of the 12th Annual Richard E. Nelson Symposium taking place Feb. 8 at the Hilton Conference Center in Gainesville — is a matter of concern to lawyers in the public and private sectors and to government officials at all levels. UF Law has assembled an outstanding group of national and state experts to examine the serious puzzles posed by federal and state preemption of local regulatory activity in five provocative areas: firearms, hydrofracking, immigration, renewable energy and agriculture. Clear guidance from state and federal courts is rare in this area, which means that lawyers struggle with locating the legally defensible “comfort zone” for state and local statutes, ordinances, permitting, and regulation.

Speakers are:

John R. Nolon, professor of law, Pace University School of Law
Michael O’Shea, professor of law, Oklahoma City University School of Law
Rick Su, Associate professor, SUNY Buffalo Law School
Hannah Wiseman, assistant professor, Florida State University College of Law
Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law, University of Florida Levin College of Law

Respondents are:

Dave Mica, executive director, Florida Petroleum Institute
Amy T. Petrick, senior assistant county attorney, Palm Beach County
Robert N. Hartsell, Fort Lauderdale

Law student presenters are:

Samantha Culp and Eric Fisher

Click here to register for the conference. Click here to download the symposium brochure. UF Law students and faculty are invited to attend free of charge.

William Reece Smith Jr., a powerful force in the legal world and one of five University of Florida Law graduates to serve as president of the American Bar Association, died Jan. 11. He was 87.

Smith (JD 49) – whose legal career covered six decades – also served as president of The Florida Bar and was the first American to be elected president of the International Bar Association. He was attorney for the city of Tampa and president of the Greater Tampa Chamber of Commerce.

“That Reece Smith is a graduate of UF Law is something in which all of us take great pride,” UF Law Dean Robert Jerry said. “His impeccable leadership skills, community service record and enduring quest for social justice set an example for all of us to follow.”

Smith decided to attend law school at UF Law under the G.I. Bill in 1946 after a stint in the Navy. While in law school he served as president of the Student Bar Association and was a member of Florida Blue Key. After earning his JD, Smith was selected as a Rhodes Scholar and would become a member of the UF Law faculty upon his return from studying at Oxford.

“His passion for professionalism was profound, and he certainly modeled that throughout his legal career,” Jerry said. “The lawyers whom he mentored, and there were a great many through the years, know this very well.”

In 1953, Smith went to work for the Carlton Fields law firm in Tampa where he would join the American Bar Association the following year. Smith visited his office daily until just recently.

A socially conscious lawyer, Smith always strived to help those in less fortunate positions. During his term as ABA president, Smith successfully led opposition to a proposal to eliminate the Legal Services Corporation, which provides legal services to the poor across the country. He has also been an influential advocate of pro bono work over the years. While ABA president, Smith established the ABA Pro Bono Center, which helped increase voluntary projects from 50 to 1,000 over a 10-year period. He also played a key role in establishing Florida Legal Services, Inc. – a non profit that provides civil legal assistance to those who would not otherwise be able to afford legal representation.

“If not for William Reece Smith, legal services to the poor would probably not exist in this country,” Dick Woltman, president and CEO of Bay Area Legal Services, told The Tampa Tribune. “Reese was one of the great supporters of legal services for the poor both nationally and locally.”

Shortly before his death, he was honored with the Florida Supreme Court’s Lifetime Achievement Award. A biography of his life and career entitled, “A Consummate Lawyer,” by Stetson Law Professor Emeritus Michael Swygert, was published in 2010.

Smith was born Sept. 19, 1925, in Athens, Tenn., and grew up in Plant City, Fla. He is survived by his son, William Reece Smith III; daughter-in-law, Rachel-Anne Winter Smith; his grandson, William Reece Smith IV, (Liam); his cousins, Mr. and Mrs. Edward Lee Smith of Marietta, Ga. and their children and grandchildren; a number of cousins, who are descendants of his mother’s oldest brother, Thomas Edwin Moody of Plant City; and his dear friend and former wife, Marlene Medina Smith. The family expresses its gratitude to the caregivers at Senior Solutions, who lovingly cared for Smith in his final days. Besides his family, Smith is also survived by millions of people in this country and across the world who have benefited from the pro bono services they received as a result of his efforts.

View or share his In Memoriam page.

Marian just published his paper “Meaningless Comparisons: Corporate Tax Reform Discourse in the United States” at Virginia Tax Review. The cite is 32 Va. Tax. Rev. 133 (2012).

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

McMahon published the 2013-1 Supplement to Bittker, McMahon & Zelenak, Federal Income Taxation of Individuals, Third Edition (Warren, Gorham & Lamont, 2002) (with Lawrence A. Zelenak).

McMahon presented at the University of Texas School of Law 60th Annual Taxation Conference in Austin, Texas, on Dec. 5, 2012. Topic: “Recent Federal Income Tax Developments” (jointly with Prof. Ira Shepard).

Carl B. Schwait
Adjunct Professor 

Schwait was recently re-elected to his fifth two-year term (starting June 2013) as the singular representative for the 8th Judicial Circuit to The Florida Bar Board of Governors, the governing board of The Florida Bar. He is currently serving his second year as the chair of the Board Review Committee on Professionalism and Ethics, having also served previously  two terms as co-chair of the board’s Disciplinary Review Committee, the board’s largest committee.  In 2011, Schwait received one of The Florida Bar’s highest awards, the President’s Award of Merit, for his overseeing the restructuring and rewriting of the advertising rules of Florida, which was recently argued before the Florida Supreme Court.