Electronic discovery is increasingly becoming a fact of life for all litigators and this conference will feature a wide array of national experts discussing how to competently and cost-effectively handle e-discovery in small and medium cases. The conference will also shed light on the latest developments in Florida and federal e-discovery rules and will feature demonstrations of the latest e-discovery software and tools for each phase of the e-discovery process, for matters ranging from the most humble lawsuit to the largest mega-case.

The conference is part of UF Law’s E-Discovery Project, and is underwritten by the International Center for Automated Information Research, a University of Florida foundation established to promote innovation in information technology. Attendees will be eligible to receive 11.5 CLE credits.

The conference is free for full-time law students and UF faculty and staff. For registration and further information, visit the E-Discovery for the Small and Medium Case website.

Georgetown Law Professor Randy Barnett discusses the Affordable Care Act at the 32nd annual Dunwody Distinguished Lecture in Law on March 22. (Photo by Haley Stracher)

By Matt Walker

Although the Supreme Court did not reach the overall decision on the Affordable Care Act that he would have liked, Georgetown Law Professor Randy Barnett said victory was achieved “by the constitutional theories we prevented from being adopted by the Supreme Court.”

Barnett, who represented the National Federation of Independent Business in its case against the Affordable Care Act spoke on “Who Won the Obamacare Case (and Why Did So Many Law Professors Miss the Boat)?” at the 32nd annual Dunwody Lecture in Law on March 22.

The Carmack Waterhouse Professor of Legal Theory at Georgetown University Law Center said he became involved in the case because of two issues.

“One was saving the country from Obamacare, which I think is disastrous public policy, and we’re all going to have to find out how disastrous it is shortly,” Barnett said. “And the second thing was saving the Constitution for the country.”

He said that although they lost in the first point, he was relieved that they won the second point – five of the justices affirmed his views of the Commerce, and Necessary and Proper clauses.

The clauses, which give Congress the power to regulate commerce and “to make all laws which shall be necessary” to carry out its powers, were upheld when the Affordable Care Act’s individual mandate was struck down by the court, according to Barnett.

He said rather than a mandate requiring individuals to purchase health insurance, individuals will have the option to purchase insurance or pay a tax penalty. Analysts say that people who decline to purchase health insurance will see no difference whether it is called a “mandate” or a “tax.”

Barnett said the ruling makes bad law in two ways, but made constitutional law better in more important ways.

“First (Chief Justice John Roberts) claimed the power to rewrite a law by giving it a saving construction to uphold it even though that construction is not the most natural reading of the statute,” he said. Additionally, “the chief justice allowed that Congress may impose an unprecedented tax on inactivity.”

Barnett said as a result of the ruling, “Congress has the unprecedented and potentially dangerous power to tax inactivity without apportioning the incidence of such tax equally among the states.”

Despite those losses, Barnett emphasized several points on which he said his side was victorious: Denying the government the power to force citizens into economic activity, preventing the Supreme Court from adopting a stance that would give Congress more power to regulate the national economy, and upholding that conditions on federal spending are unconstitutional.

“While our failure to prevent the egregious Affordable Care Act from taking effect remains a bitter disappointment and one I have not gotten over yet, this should not be allowed to detract from all we have accomplished,” Barnett said. “Only time will tell who really won the Obamacare case, but for now the constitutional scheme of limited and enumerated powers lives to fight another day.”

The Florida Law Review Dunwody Distinguished Lecture in Law series was established by the U.S. Sugar Corporation and the law firms of Dunwody, White, & Landon, P.A. and Mershon, Sawyer, Johnston, Dunwody & Cole in honor of Elliot and Atwood Dunwody. The honorees were brothers who dedicated their lives to the legal profession and who set a standard of excellence for The Florida Bar. As graduates of the University of Florida College of Law, they labored long, continuously and quietly to better the social and economic conditions in Florida.

The series is intended to perpetuate the example set by the Dunwody brothers by providing a forum for renowned legal scholars to present novel and challenging ideas.

An archived video of the Dunwody Lecture is available at www.floridalawreview.com.

Albie Sachs, a former justice for the Constitutional Court of South Africa who has fought for human rights, spoke at UF Law on Tuesday about gay marriage. (Photo by Maggie Powers)

By Jenna Box (3JM)
Student Writer

A quiet hum of voices filled the Chesterfield Smith Ceremonial Classroom, HOL 180, at about noon on Tuesday. Albie Sachs sat on a table at the front of the room, wearing a gold-patterned shirt and a calm expression. His right sleeve hung empty beside his body—a symbol of the lifelong battle he’s fought for human rights.

The 78-year-old former justice of the Constitutional Court of South Africa spoke about gay marriage. It was also the opening day of the U.S. Supreme Court’s hearing of arguments about two cases involving same-sex marriage.

Even before he served on the Constitutional Court, Sachs was known as an advocate against racism, repression and apartheid. He was imprisoned, tortured and banned for his freedom fighting, but he wasn’t silenced.

In 1988, a car bomb placed by South African security agents blew up when he opened his door, causing him to lose his right arm and vision in one eye.

On Tuesday, Sachs shared stories from his experience on the Constitutional Court and his thoughts about the opinion he wrote in a case that legalized same-sex marriage in South Africa in 2005.

“Probably the strongest statement to appear in any judgment or opinion in recent years about the importance of religion in public life for millions and millions of people all around the world came from my pen in that judgment,” he said. “The very constitution that protects the rights of same-sex couples to express their love and intimacy and commitment in the same way heterosexual couples do protects the rights of faith communities to follow their faiths in the way that they want to do.”

Far too often, differences have been used as a weapon to separate, he continued. Cultural wars arise from people imposing their world views on others, instead of showing respect. What could be more important, he asked, than to allow people to be who they are?

“What do I think the U.S. Supreme Court will do?” he said. “I think they will give an opinion.”

The audience laughed.

“I imagine all the talents or otherwise of the nine justices are going to be challenged and tested now,” he said.

After the talk, Sachs signed copies of two of his books, which are still available for purchase in the UF Law Bookstore.

“I thought the talk was a great success. Albie related the issue of gay marriage to his own life experiences in a way that brought home the important dignity interests at stake, not only for gay and lesbian couples, but also for those who oppose gay marriage on religious grounds,” said UF Law Senior Legal Skills Professor Joseph Jackson, who introduced Sachs. “He’s had a truly remarkable life, full of courage and commitment in the face of great adversity, and it was inspiring to hear him speak.”

“Gay Marriage and the Promise of Equality” was co-sponsored by UF Law’s Center on Children and Families and UF’s Center for African Studies.

Kara Carnley, editor of the Journal of Law and Public Policy, introduces panelists at the March 14 JLPP Media Law Symposium in the Martin H. Levin Advocacy Center courtroom. (Photo by Elise Giordano)

By Lindsey Tercilla
Student writer

The protection of false factual statements under the First Amendment in the case of United Sates v. Alvarez was the topic of a panel discussion at the Journal of Law and Public Policy’s Media Law Symposium on March 14 in the Martin H. Levin Advocacy Center.

In 2012, the United States Supreme Court overturned the Stolen Valor Act, which attempted to criminalize lying about receiving a military medal.

A new version of the act was passed in September that created penalties for individuals who lied about receiving military medals and profited from their deception.

Panelists included UF Law Professor Lyrissa Lidsky; First Amendment and media law attorney Craig D. Feiser, attorney Kristen Rasmussen, who authored the amicus brief presented to the U.S. Supreme Court for the Reporters Committee for Freedom of the Press; and Col. Michael L. Smidt, staff judge advocate of U.S. Special Operations Command.

Professor Lidsky lead the discussion by posing the question: “Does the Alvarez case protect lies?”

When making the decision, the Justices asked themselves two questions, Lidsky said. The first was if the speech was valuable, and the second was did the speech cause harm? Six of the justices said they started with the harm question, she said.

“How you come out on this case depends on which one you ask first,” Lidsky said. “These lies muddy the message of military medals, and that pollutes public disclosure.”

While these lies dilute the value of the Congressional Medal of Honor, the majority decided that the Stolen Valor Act violated the First Amendment by prohibiting people from making false statements.

Craig D. Feiser spoke about the history of false factual statements with regards to media law.

Kristen Rasmussen expressed the important not-so-obvious interests of the news media in the Alvarez case. This included a discussion of what animated the Reporters Committee’s decision to get involved in the case via an amicus effort.

This symposium was sponsored by the Florida Free Speech Forum and the American Bar Association Law Student Division at UF Law.

The Legal Writing/Appellate Advocacy department is accepting applications for teaching assistants. Interested students can pick up applications in the department office on the second floor of the Martin H. Levin Advocacy Center or ask their appellate advocacy professor. The deadline to submit applications is today.

Larry Singleton (JD 12), left, and Daniel Weiss (JD 12) formed Singleton Weiss Financial Services, Inc., in October 2012.

By Felicia Holloman (3L)

Ask Larry Singleton (JD 12) and Daniel Weiss (JD 12) what they have in common, and they will list their accounting degrees from Florida State University, interest in all things business-law related and love of racquetball.

Perhaps the last thing anyone would guess is their 36-year age difference.

They met during first year orientation at UF Law, when Singleton was 59 years old and Weiss was 23. They quickly realized their commonalities, leading to a friendship that saw them to the end of law school, through numerous games of racquetball and to the beginnings of a company.

In October they formed Singleton Weiss Financial Services, Inc., a company offering corporate restructuring and financial advisory services nationwide. Although their company does not offer legal services, Singleton and Weiss expect their legal knowledge will be useful in their pursuit of customers and ultimately providing invaluable financial services.

“Our law degrees have already provided us with valuable credibility in marketing ourselves to attorneys and other business people in the restructuring industry. Attorneys especially realize the benefit of working with financial specialists who also have an understanding of bankruptcy law,” said Singleton.

Singleton’s years of experience as a financial restructuring adviser give leverage to this statement. Singleton began his career as a Certified Public Accountant for KPMG in 1972. In 1979, he was recruited to serve as tax planning director for The Charter Company, a $3 billion diversified holding company.

While working at Charter, Singleton applied in 1983 and was accepted to UF Law. However, Charter was experiencing financial stress, and Singleton was asked to delay law school to help restructure the company. This undertaking landed him as Charter’s CFO in an especially complex and successful Chapter 11 reorganization.

The Charter experience launched Singleton into a successful career as a corporate restructuring and turnaround specialist to over 18 different businesses. In the past 25 years, Singleton worked as CEO for Raytech, a $225 million manufacturer of specially engineered transmission components; CFO for Safety-Kleen, a $1.6 billion hazardous waste disposal company; and an adviser to the Central Bank of the Czech Republic, to assist the government in restructuring industrial companies in anticipation of entering the European Union.

But Singleton never lost the desire to attend law school. In 2009, Singleton enrolled in UF Law, which he believed to be “the best law school in Florida.”

While enrolled full-time at UF Law, Singleton maintained his position as CEO for Raytech. Despite the challenge, Singleton found coming back to school rewarding.

“In most classes, I was able to draw on my prior work experiences to better understand the objectives of the law course and to appreciate what the law was really trying to accomplish,” Singleton said.

After graduating from FSU, Weiss spent a year working for an accounting firm.

“My experience made me realize that I wanted to pursue something entrepreneurial and pave my own way, rather than follow a traditional path,” said Weiss.

It was clear to both Singleton and Weiss that they had a shared “entrepreneurial spirit.” After discussing their aspirations, they began to focus on business law-related classes in anticipation of starting their own company. Both men discussed their career goals with faculty members.

“I was influenced by Professor Jeff Davis from whom I took five classes. I met with Professor Davis often and discussed past restructuring experiences and new avenues of pursuit,” said Singleton. Singleton also noted that Professor Robin Davis taught him the importance of mediation in business matters.

Weiss was influenced by Professor Leslie Knight, whom he turned to for advice about his career path. “Professor Knight encouraged me to go after what made me happy, and if that meant pursuing a non-legal career, I should go for it,” said Weiss.

With the future now in sight, the two seek to expand Singleton Weiss Financial Services, Inc. both in scope and employees.

“We hope to grow Singleton Weiss into a boutique restructuring firm of approximately six to eight professionals who service multiple clients throughout the country, employing individuals with both a legal and financial background,” said Singleton.

In advising law students looking to branch away from the norm and become an entrepreneur, Weiss spoke from his own experience.

“Take the time to connect with as many people as possible and fully pursue any opportunity, no matter how small. Identify someone who has experience in the field you are interested in and don’t be afraid to target them as a partner or mentor,” said Weiss.

You may also find a life-long friend and racquetball partner.

Nancy Dowd
Professor of Law; David H. Levin Chair in Family Law; Director, Center on Children & Families

Dowd recently finished the first phase of a guest professorship on the law faculty of Lund University in Sweden. She spent a little less than a month doing an informal collaboration with a range of faculty and formal presentations including collaborative law, the interrelation of family and employment law, juvenile justice, elder law and a presentation of her current research on gender, race and juvenile justice. She will return for a shorter, final visit in mid-June to complete her guest professorship in conjunction with a conference co-sponsored by Emory University School of Law on privatization and globalization.

Dowd will also give a talk on her research at Indiana University (Bloomington) on April 5 at the inaugural symposium of their Indiana Journal of Law and Social Equality.

Joseph Jackson
Senior Legal Skills Professor

“Human rights activist to speak at law school” (March 26, 2013, The Alligator)

Jackson commented in this article in advance of South African Constitutional Court Justice Albie Sachs’ visit to UF Law last week, where Sachs spoke on marriage.

From the article:
Sachs will discuss his role in the legalization of same-sex marriage in South Africa and his beliefs on human rights, said Joseph Jackson, UF Law senior legal skills professor.

“He believes in a right to be different,” he said. “That society has an obligation to respect people for who they are.”

“Supreme Court same-sex marriage rulings could affect Florida law” (March 26, 2013, The Alligator)

This article discusses the two cases that were before the Supreme Court last week that challenged laws against gay marriage. Jackson weighed in on the issue.

From the article:
Jackson said the case regarding the Defense of Marriage Act has the potential to affect all 50 states. The provision of the act present in the case only affects federal laws and would not directly affect Florida’s laws.

A decision against the marriage act would only impact same-sex couples legally married under state law, Jackson said. They would be treated as married in federal law, meaning they could receive benefits like joint tax returns or Social Security.

Lea Johnston
Associate Professor of Law; Assistant Director, Criminal Justice Center

Johnston presented her paper, “Humane Punishment for Seriously Disordered Offenders,” at a Junior Scholars’ Conference hosted by UF Law’s Criminal Justice Center on March 21-22.

She also published an article, “Vulnerability and Just Desert: A Theory of Sentencing and Mental Illness,” in Northwestern’s Journal of Criminal Law and Criminology. The cite is “Vulnerability and Just Desert: A Theory of Sentencing and Mental Illness” (Northwestern’s Journal of Criminal Law and Criminology).

Christine A. Klein
Chesterfield Smith Professor of Law; Director, LL.M. Program in Environmental & Land Use Law

 Klein’s article “Water Bankruptcy” was published in the Minnesota Law Review. The cite is 94 Minn. L. Rev. 560 (2012). “Water Bankruptcy” (Minnesota Law Review).

Klein also published “Compartmentalized Thinking and the Clean Water Act” in the George Washington Journal of Energy & Environmental Law. The cite is 4 GW J. Energy & Envtl. L. 38 (2013). “Compartmentalized Thinking and the Clean Water Act” (George Washington Journal of Energy & Environmental Law).

Tom Lin
Assistant Professor of Law; Assistant Director, Criminal Justice Center

Lin presented his paper, “The New Financial Industry,” at a Junior Scholars’ Conference hosted by UF Law’s Criminal Justice Center on March 21-22.

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

McMahon participated in a panel discussion and presented a paper, “Aspirational Tax Reform,” at the 2013 University of Virginia School of Law Tax Study Group Meeting on March 22.

Jason Nance
Assistant Professor of Law; Associate Director, Center on Children and Families

Nance presented his paper, “Students, Security and Race,” at a Junior Scholars’ Conference hosted by UF Law’s Criminal Justice Center on March 21-22.

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

Stinneford presented his paper, “The Illusory Eighth Amendment,” at a Junior Scholars’ Conference hosted by UF Law’s Criminal Justice Center on March 21-22.