On Jan. 29, Florida Sen. Jeff Clemens submitted a proposed amendment for the State Constitution. He recommends that rather than a 60-day regular legislative session, the Florida Legislature should meet year-round. A summary of Clemens’ plans can be found in the news story by Michael Peltier published in the Jax Daily Record on Jan. 30, 2013, http://www.jaxdailyrecord.com/showstory.php?Story_id=538647

The text of the proposed amendment is available at: http://www.flsenate.gov/Session/Bill/2013/0512/BillText/Filed/PDF

Dean hosts Music Night March 17

Got a hidden musical talent? Show it off at the upcoming Music Night 2013 to be held Sunday, March 17, at 7 p.m. at the home of Dean Bob Jerry and his wife, Lisa. All students and faculty are invited – but the “ticket” to attend is that you must bring a dessert and agree to perform a musical piece (play an instrument or sing a song). A piano will be available. Each participant can bring one guest. Space is limited, so sign up is on a first-come, first-serve basis. To register, stop by the Dean’s Office and see Doris Perron.

32nd Annual Dunwody Distinguished Lecture in Law

The Florida Law Review welcomes Professor Randy Barnett as the 32nd Annual Dunwody Distinguished Lecturer in Law. Barnett, the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, will discuss the recent United States Supreme Court decision upholding the Patient Protection and Affordable Care Act at 10 a.m. on Friday, March 22, in the Martin H. Levin Advocacy Center. The event is free and open to the public.

Barnett has written and commented extensively on the Affordable Care Act and represented the National Federal of Independent Businesses as their case against the ACA was presented before the Supreme Court last spring. Barnett will discuss the general implications of the court’s landmark decision, as well as fundamental misunderstandings he perceives among the legal academic community regarding the decision’s import. Barnett’s lecture, “Who Won the Obamacare Case (and Why Did So Many Law Professors Miss the Boat)?” precedes an article of the same name to be published in an upcoming edition of the Florida Law Review.

For additional information, contact the Florida Law Review at www.FloridaLawReview.com or 352-273-0670.

Electronic Discovery for the Small and Medium Case April 4-5

The University of Florida Levin College of Law and Electronic Discovery Reference Model are pleased to announce the first-of-its-kind conference devoted to “Electronic Discovery for the Small and Medium Case.” The conference will be held April 4 and 5, 2013, at the University of Florida Law School campus and also will be broadcast live.

The conference will focus on solutions to the difficulties, issues, and decisions that attorneys face in competently and cost-effectively handling e-discovery in small and medium cases. The conference will feature demonstrations of a new generation of right-sized e-discovery software and tools for each phase of the e-discovery process in small and medium sized cases and include starter e-discovery toolkits for each in-person attendee.

For more information:

• Conference Website
• About ICAIR & the E-Discovery Project
• Conference Agenda

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 includes further explanation of the process:

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

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

Professor King seeks research assistant

Professor Shani King is looking to hire a research assistant for a short-term project with the potential for more work in the future. Interdisciplinary work is a plus, as the project involves law, history, sociology, and political science. Of particular interest are individuals who have expertise in critical legal studies, organizational, structural and institutional discrimination, and LGBT legal studies. Submit a resume and cover letter and the name of two references (preferably one of whom is a UF law professor) to kings@law.ufl.edu.

Gubernatorial Fellowship program director on campus Thursday

The director of the Florida Gubernatorial Fellowship program will be on campus on Thursday 5-5:50 p.m. in the Chesterfield Smith Ceremonial Classroom, HOL 180, to recruit UF Law students. UF Law students have been strongly represented in this selective and non-partisan program over the past few years. Whitney Smith, a 3L, is currently serving as a Gubernatorial Fellow, and over the past three years, four UF Law students have been selected as Gubernatorial Fellows.

In addition to the professional and networking opportunities, fellows receive a tuition waiver for the year they serve in Tallahassee.

Students can visit www.floridafellows.com to learn about the expectations and requirements of the program, as well as read testimonials from alumni. Interested students must apply online.

Applications are due by Friday, March 8. The fellowship will follow the university calendar starting in August 2013 and ending in May 2014. The governor’s screening and selection committee will announce the program participants in June.

Applications now being accepted for summer externships

Externships offer students for-credit, semester-long opportunities to leave the traditional classroom setting and assist lawyers and judges in the practice of law and the administration of justice. Externs earn course credit while working for judges, government agencies, public interest organizations and corporations.

Applications are now being accepted for summer externships. To apply go to the UF Gator Jobs homepage at https://jobs.ufl.edu. Applications for several externships are reviewed on a rolling basis so it is best to apply early. The application deadline for most externships is Feb. 22 at midnight. See the Summer Externship Program Guide, Part 2 on the UF Law Externship web page for more information.

Contact Julie Barnes in the Center for Career Development with questions.

State and national legal experts at the University of Florida Levin College of Law’s 12th annual Richard E. Nelson Symposium in Law will attempt to pull apart some of these preemption puzzles brought about by cases in which federal, state or local laws may conflict.

The symposium, “Preemption Puzzles: Firearms, Fracking, Foreigners, Fuels and Farming,” is Friday at the Hilton UF Conference Center in Gainesville from 8:30 a.m. – 4:30 p.m. The symposium is co-sponsored by The Florida Bar City, County and Local Government Law Section and Environmental and Land Use Law Section.

Preemption is a matter of concern to lawyers in the public and private sectors and to government officials at all levels. And clear guidance from state and federal courts is rare in the area of preemption, which means that lawyers struggle with locating the legally defensible “comfort zone” for state and local statutes, ordinances, permitting, and regulation.

“The rules courts use to decide under what conditions federal law overrides state law and state law overrides local law appear to be straightforward,” said UF Law Professor Michael Allan Wolf, the Richard E. Nelson Chair in Local Government Law, “but in this instance, as in so many others in American law, appearances are very deceiving. This is a crucial field of law that is fraught with ambiguity.”

Each of the five areas to be explored have been frequent topics in the national media recently. Fracking – the controversial practice of using pressurized fluid to release valuable resources like natural gas from layers of rock – is the topic of the recent Matt Damon movie, “Promised Land.” Gun control has been on the lips of many cable news commentators in the wake of mass shootings across the nation, and the political battles over immigration reform are at high pitch.

Speakers at this year’s symposium include Professor John R. Nolon, Pace University School of Law; Professor Michael O’Shea, Oklahoma City University School of Law; Associate Professor Rick Su, SUNY Buffalo Law School; Assistant Professor Hannah Wiseman, Florida State University College of Law; Amy T. Petrick, senior assistant county attorney, Palm Beach County; environmental and land use law attorney Robert N. Hartsell, Fort Lauderdale; Dave Mica, executive director, Florida Petroleum Council; Samantha Culp and Eric Fisher, J.D. candidates, UF Law; and Wolf.

The symposium is named in honor of Richard E. Nelson, who served with distinction as Sarasota County attorney for 30 years, and his wife, Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which is responsible for the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

Conference registration is $100 (there is no charge for UF law students and faculty) and includes all program activities (including reception, continental breakfast, breaks, lunch). The registration deadline is Tuesday. For online registration and payment, visit http://conferences.dce.ufl.edu/SSP/section.aspx?s=1400037630. To download the symposium brochure with registration form to send via mail, visit http://www.law.ufl.edu/_pdf/communications/2012/NelsonSymposium2013.pdf.

From left, Professor Steven J. Willis, Visiting Assistant Professor Yolanda Jameson, LL.M. Tax Candidate Adam Smith, Paul D’Alessandro, Jr. (3L), Stephanie Malen (3L), Sara Heuer (3L) and KaLynn Ryker (3L). (Photo by Maggie Powers)

By Francie Weinberg
Student writer

The University of Florida Levin College of Law can proudly display its new trophy after two victories at the American Bar Association Law Student Tax Challenge. UF Law students placed first and third in the Orlando competition, held the last weekend of January, during which a total of 88 teams from 46 schools around the nation brought their best orators to compete.

According to the American Bar Association, the Law Student Tax Challenge (LSTC) is a national tax planning competition sponsored by the Young Lawyers Forum of the Section of Taxation. The LSTC offers students the opportunity to demonstrate their acquired knowledge and interact with experienced practitioners and potential future employers. In the competition’s 12-year history, the LSTC has become one of the largest tax competitions for law students in the U.S. with both LL.M. and J.D. divisions.

UF Law had two of the six teams chosen to participate in the J.D. semi-finals and two of the three teams chosen to advance to the finals. Among the competition in Orlando included law schools of William & Mary, Harvard, Columbia, University of Oregon, Syracuse, Northwestern, Georgetown and the University of Virginia. Despite Harvard’s first place in the written portion, the team did not advance to the finals.

Top prize went to Stephanie Malen (3L) and Paul D’Alessandro, Jr. (3L), coached by Madison Felder and Adam Smith, both LL.M. students, and Professor Steven J. Willis. The third place team was comprised of Sara Heuer (3L) and KaLynn Ryker (3L), and was coached by Professor Yolanda Jameson. Every member took home a trophy.

UF Law did not compete in the LL.M. division of the ABA Student Tax Challenge this year, but next year could produce a formidable LL.M. team. Malen and D’Alessandro plan to enroll in the UF Law LL.M. Graduate Tax program and Heuer and Ryker are seriously considering it.

Willis is also the coach of the moot court team. He and Dean Robert Jerry are proud of the four competitors and their coaches.

“Congratulations to our four competing students, our LL.M. student-coaches, Yolanda Jameson, and Steve Willis on these excellent results,” Jerry said.

Florida Supreme Court justices to visit UF today (Jan. 24, 2013, The Alligator)

This article was about all seven Florida Supreme Court justices coming to UF Law to judge the moot court competition.

From the article:
Mary Adkins, the team’s faculty adviser, said it was an accomplishment that all seven justices were coming to the exhibition.

“They are usually busy listening to real cases in Tallahassee,” she said.

Bob Dekle
Master Legal Skills Professor

“Settlement possible after NCAA admits misconduct in UM probe” (Jan. 24, 2013, The Miami Herald)

The NCAA admitted misconduct when working with Nevin Shapiro to find out information about how he gave gifts and money to University of Miami football stars. The NCAA could either restart the investigation from scratch or it could cut a deal with UM.

From the article:
“Just because someone has obtained evidence through chicanery doesn’t mean the evidence is not admissible,” said Dekle, a former state prosecutor. “I don’t see any legal bar to the NCAA using this evidence.”

Then he added: “I’m sure the NCAA is looking for a way to bring the matter gracefully to a conclusion with a limited amount of egg on their face. It’s more a matter of perception than reality about the admissibility of improper evidence. The NCAA is displaying an excess of concern about image, it looks like to me.”

Larry A. DiMatteo
Affiliated Professor of Law

DiMatteo has three books in press relating to international sales law, international contract law, and comparative law.  All three books will be published in the current year: Global Challenge of International Sales Law (Larry DiMatteo ed. Cambridge University Press 2013); Commercial Contract Law: Transatlantic Perspectives (Larry DiMatteo, Qi Zhou & Severine Saintier eds., Cambridge University Press 2013); and International Contracting:  Law & Practice (3^rd ed., Wolter/Kluwer 2013). Global Challenge of International Sales Law contains contributions from 44 international sales law scholars from 19 countries. The papers were presented at a conference at the University of Florida, which was co-sponsored by the Levin College of Law. Commercial Contract Law: Transatlantic Perspectives was the product of a conference held at the University of Sheffield, UK. The conference paired law professors from the UK and the United States to study comparative issues in the development of English and American common law.

Mark Fenster
Professor of Law ; Cone, Wagner, Nugent, Hazouri & Roth Tort Professor

U.S. Supreme Court hears arguments in Central Florida land-development case (Jan. 30, 2012, Orlando Sentinel)

This article is about the U.S. Supreme Court hearing arguments about a Central Florida property-rights case that began two decades ago when the owner of some land along State Road 50 in east Orange County sought permission to fill in some wetlands so he could build on the property. The Supreme Court must decide whether government agencies, when landowners seek permits to develop their acreage, may demand anything in return that doesn’t bear directly on the property.

From the article:
“That’s not very good government, and that’s not very good for property owners,” said Mark Fenster, a professor of land-use law at the University of Florida.

“What might likely happen is that government would be willing to engage in negotiations with a few players, like the big developers, who they know they can trust not to turn around and sue them,” Fenster said.

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

Germain served on an ABA Accreditation Site Visit team at the University of California Irvine School of Law Nov. 3-7, 2012.

She was an invited speaker and moderator at a conference in Paris on E-Justice, held at the House of the Paris Bar in late November. “E-Justice” refers to all the activities that aim to harmonize the dissemination and the use of judiciary and legal paperless procedures among the European Union member states. The topic of her panel was: “Are specialized social media professional networks for lawyers and legal professionals ‘walled gardens’ or open access collaborative networks?”

Read more: http://www.legalaccess.eu/?Flyer&lang=en

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

McMahon presented “Recent Income Tax Developments” jointly with Professor Ira B. Shepard at the American Bar Association Tax Section Midyear Meeting in Orlando on Jan. 26, 2013.

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

Stinneford just published “Punishment Without Culpability” in the Journal of Criminal Law & Criminology.

Only a few years out of the University of Florida Levin College of Law, Ilan Kaufer (JD 08) is making a name for himself in South Florida.

Kaufer is a principal regulatory affairs analyst for Florida Power and Light (FPL) and serves as the primary liaison between FPL’s regulatory affairs and customer service business units. He is responsible for Florida Public Service Commission activities, testimony development, discovery coordination, logistical support at hearings, and the analysis of state utility commission and legislative proceedings concerning customer service issues, among other tasks.

In addition to his public work at FPL, Kaufer was also recently elected to the Jupiter Town Council and will be serving a three-year term in April.

As one of five town council members, Kaufer will be tasked with setting policy, approving the town’s budget (of approximately $80 million), setting the tax rate, and approving local ordinances.

“My wife and I chose to live in Jupiter for many reasons, including the beautiful beaches and natural areas, top public schools, and the sense of community Jupiter provides. I want to ensure that Jupiter remains a model for other communities, and a town where government works efficiently and cost-effectively to provide exceptional public services,” Kaufer said.

Kaufer is particularly passionate about environmental and energy-related issues, which is apparent through his academic focus. He holds bachelor’s degrees in politics and environmental sciences from the University of Virginia, as well as a master of forest resources and conservation from UF.

“I have always had an interest in environmental policy. I grew up in a coastal community in North Carolina and believe that a community can successfully grow economically while preserving its natural resources,” he said.

Although not a Florida native, Kaufer was attracted to Florida because of UF’s reputation.

“As the most established university in Florida, I knew that UF would provide me with the educational and leadership opportunities I needed to accomplish my professional goals,” he said.

Kaufer enrolled in a joint JD and master degree program at UF in 2005. His experiences for the next three years at UF Law and the College of Agriculture and Life Sciences convinced him to stay in the state.

“I loved Florida so much that I never left,” Kaufer said.

At UF Law, Kaufer was involved with various student groups. He was president of the Jewish Law Student Association, an associate justice on the UF Student Supreme Court, cabinet secretary of finance and fees for student government, a member of the executive board of the Law College Council, and a law school student ambassador. Kaufer also currently serves on the Florida Bar’s Committee for Student Education and Admissions to the Bar, which evaluates whether law schools are adequately preparing their students for the practice of law.

Kaufer credits a number of professors in helping him throughout his time at UF Law, including Alyson Flournoy, Michael Seigel, Fletcher Baldwin, and Associate Dean Rachel Inman. He noted that Professor Mary Jane Angelo had a particular impact on his current career path.

“Professor Angelo was a member of my master degree committee and greatly influenced the direction of my law career. Her passion for environmental law and her efforts in assisting me with my dual degree program were invaluable,” he said.

When Kaufer was not busy with extracurricular activities and completing his dual degree requirements, he was a law clerk with Roberts, Reynolds, Bedard, and Tuzzio, and, in his last semester, an intern with the Florida Department of Environmental Protection.

The decision to intern with a government agency is what Kaufer believes led him to his position at FPL. For students who would like to work in environmental or energy law, Kaufer suggests that straying from a typical job can also lead to a rewarding career.

“Do not be afraid to break away from the traditional law firm path when it comes to clerkships and internships. Taking an internship with FDEP that paid $10 an hour for a 40 hour week is probably the best decision I have made for my career, as it provided me with the experience and contacts which enabled me to get a job with FPL,” he said.

He also stressed the importance of diligent work and professionalism at every step of one’s career. “The best advice I can give current law students is to never burn a bridge. You never know what doors will open in the future, and what people will be able to assist you in walking through those doors if they remember you as a hard-working, professional individual.”

Students tickets are available in 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 180 people who pick up tickets will be allowed into the classroom to watch the discussion. The event will also be available as a live webcast here: http://video.ufl.edu/service2/public/pub_showMain.php?id=41294. The advocacy center will be made available for the streamed event.

No book bags or other large bags will be allowed through the security point. No re-entry into the courtyard will be permitted.