Coker, a Florida 8th Judicial Circuit Court judge, tells a room of attorneys and future lawyers what helps keep her grounded behind the bench.

It’s a scripture passage she never reads aloud. She reads it to herself, reminding her of what should be guiding her day after day as she makes decisions about so many families’ fates.

“Act justly and love mercifully,” the passage begins.

In a few words, that’s what hundreds of Florida lawyers and University of Florida law students came together to learn about at the 2012 Professionalism Symposium on April 6: understanding justice, civility and professional responsibility that can’t be learned in a textbook.

And after living in a world where players don’t always follow the rules, the Florida Supreme Court added a “civility clause” to the state Bar’s oath of admission in September 2011, according to The Florida Bar News, that now requires all lawyers to pledge “fairness, integrity, and civility, not only in court, but also in all written and oral communications.”

“We should all treat each other with professionalism and civility. It should be understood,” Robert Cole, former president of the Florida Board of Trial Advocates, told The Florida Bar News in 2011. “But I think it’s just reacting to the lack of civility that is going on in our society as a whole.”

But this new clause doesn’t sit well with Florida State University law professor Rob Atkinson, this year’s symposium keynote speaker. While civility is certainly a great quality, the new Florida Bar oath misses the mark on the most important legal trait, he told the ballroom-sized crowd.

“Incivility is by no means the greatest problem. That problem is injustice,” Atkinson said. “Only when we commit ourselves to justice can we understand civility.”

And in a 45-minute keynote address that focused on the concepts of justice, professionalism and civility, Atkinson tried to define the nebulous, intangible concept of justice and explain how to best gauge their professionalism.

“Bottom line: think what your momma taught you,” Atkinson told the crowd with a smile. “Would she be proud of that?”

The event, sponsored in part by the UF College of Law, David Mishael (JD 83) and Florida’s 8th Judicial Circuit Bar Association, this year’s Professionalism Symposium brought together Atkinson and a panel that also included UF Law professors Joe Little and Amy Mashburn and 8th Circuit Court chief judge Robert Roundtree Jr. Small groups broke off to discuss how professionalism, civility and justice all play a part in their careers.

Others seem to agree with Atkinson.

“The (Supreme) Court has, in effect, submerged justice to incivility,” Little said of the change to the Florida Bar’s oath of admission.

Atkinson brought the symposium’s panel to a close with a challenge to UF Law students.

“We can talk ’til we’re blue in the face about what you’re supposed to do,” he said. “Seeing it in action is a different story.”

Students, faculty and other members of the UF Law community gather March 29 to enjoy pieces at the Art Law Society's annual Art Show in the Legal Information Center. (Photo by Nicole Safker)

The University of Florida Levin College of Law’s Art Law Society hosted its 10th annual art show, which featured more than 40 pieces of artwork created by students and faculty members.

On opening night March 29 in the Lawton Chiles Information Center, more than 30 students and faculty members enjoyed the gallery and hors d’oeuvres with wine pairings. For those who could not attend the reception, the gallery was featured in the library from April 2 through April 6.

The submitted pieces came in various forms, including photographs, collages, paintings, drawings and jewelry. Some of the artwork even reflected law school woes, such as a piece entitled, “Keep Calm and Lawyer On,” submitted by Jennilyn Thiboult (3L).

James Ayres (3L), president of the Art Law Society, helped to collect artwork and organize the reception. Ayres provided two digital illustrations for the event that were originally created for a Canadian band’s upcoming album.

“(The art show) is a tradition,” he said. “Some people say it is their favorite event of the year.”

The show is presented by the Art Law Society as a creative outlet for the legal community. Additionally, the show provides an opportunity for students to better understand their classmates and faculty, who can showcase their often-hidden talents through artwork.

Founded in 2001, the UF Law Art Law Society generally seeks to promote interest in art law and related topics. Art law covers numerous legal issues within the art world, including ownership disputes, forgery and cultural reparation.

According to Ayres, the Art Law Society also brings together like-minded individuals in a “niche-topic,” helping members network with potential clients.

This year the society was busy raising awareness of art law by creating a website to showcase art around the UF Law campus. Before the end of the spring semester, the society will hold an art law movie-watching party. For more information about the Art Law Society and its events, visit https://www.facebook.com/UFArtLawSociety.

3Ls Christina Vilaseca, left, and Amy Levenberg, showed their support for equality at OUTLaw's Marry-In event Tuesday. Max Wihynk (2L) acted as officiator. (Photo by Maggie Powers)

By Maggie Powers

OUTLaw, the University of Florida Levin College of Law’s Gay-Straight Alliance group, held its third annual Marry-In event in the Marcia Whitney Schott Courtyard Tuesday.

The event aimed to bring awareness to marriage inequality by holding symbolic marriage ceremonies between people who wanted to show support.

The event welcomed anyone to marry, regardless of gender or sexual orientation, said OUTLaw President Max Wihnyk (2L), and took place from 10 a.m. until 2 p.m. with the “marriage” of seven couples. Wihnyk acted as officiator and participants exchanged Ring Pops and Hersey’s Kisses as representations of traditional wedding tokens.

Wihnyk said he thinks the traditions of the legal community influence professionals’ ability to openly be part of the LGBT community. As an openly gay man, he said he wants to work at a place where he can be himself. He emphasized the importance of addressing the imbalance of rights immediately.

“We need to make sure that the issue of equality is getting raised here-and-now when we’re learning the law and ethics of being an attorney or representing somebody,” he said. “It’s important to get that down now.”

Best friends and 3Ls Christina Vilaseca and Amy Levenberg symbolically married each other to express their distaste for martial inequality. Both women are straight and they believe that members of the LGBT community should have the same martial rights that they enjoy. The two have participated in the event every year since its beginning.

“It is a deprivation of rights, and our country is founded on upholding those rights,” Vilaseca said. “It’s really frustrating.”

Levenberg had similar sentiments.

“I think it’s a disgrace that our political system treats certain people as inferior,” she said.

Held at University of Florida President Bernard Machen’s home, the reception celebrated Mickle’s attainment of senior status. He has served as a federal judge for the Northern District of Florida since 1999, working as chief justice from 2009 to 2011. In addition to being the first black federal court judge of Florida’s Northern District, Mickle was also the first African-American to establish a private law practice in Gainesville, the first African-American county judge of Alachua County, the first African-American circuit court judge of the 8th Judicial Circuit, and first African-American 8th circuit court judge to be appointed to the Florida 1st District Court of Appeals.

As distinguished guests assembled around Mickle’s veiled portrait, prominent speakers including Chief United States District Judge of the Northern District of Florida Casey Rogers, North Central Florida Chapter of the Federal Bar Association President Gilbert A. Schaffnit, 8th Judicial Circuit Bar Association President James H. “Mac” McCarty Jr., and UF Law Dean Robert Jerry, gave remarks on Mickle’s life and career. Each speaker celebrated Mickle’s success in the face of racial adversity, his selfless contributions to Florida’s judicial system, and his compassionate practice of law.

“I’m proud to be part of this well-deserved recognition of Federal Judge Stephan Mickle and to see his family and friends be able to share in the recognition of his role in the community,” said Alachua County Sheriff Sadie Darnell.

As Judge Mickle’s closest family members pulled away the cloth covering the portrait, a rendition of “America the Beautiful” performed by Ray Charles swelled over the applause of the audience of family and friends. As the song approached its chorus, audience members spontaneously sang along, celebrating both Mickle’s accomplishments and the country that grew to accept them.

The reception was sponsored by the Federal Bench and Bar Fund for the Northern District of Florida, the North Central Florida Chapter of the Federal Bar Association, the 8th Judicial Circuit Bar Association, and the University of Florida Levin College of Law.

Considering the obstacles, you might call it a modern miracle. In the face of dwindling state support and increasingly tough times for higher education as state revenues plummeted in the wake of the Great Recession, the University of Florida Levin College of Law has rallied its alumni and friends during the past decade in a $30 million effort to completely transform, enlarge and upgrade its facilities and offer more scholarship and faculty support.

“We’ve had to manage our money very carefully,” said UF Law Dean Robert Jerry. “But we’ve been able to continue to move forward when other schools have not thanks to the generosity and foresight of our graduates and their families as well as others who believe in the value of what we do here. This facility wraps up a decade of transformation for our law school, particularly in its physical facilities.”

The college will formally dedicate its newest building, the Martin H. Levin Advocacy Center, March 30, with its presentation to UF President Bernie Machen. Another surprise is that the sleek 19,500 square-foot building with its dramatic, two-story curved glass foyer has earned the gold LEED rating for its energy efficient and environmentally friendly design, a tribute to its architects. The rating is based on features such as the use of low-flow faucets, waterless urinals, reflective building materials and designs to optimize energy performance. According to the March 14, 2011, LEED report, 1.5 tons of construction waste water was diverted from landfills during the building’s construction and potable water use has been reduced by 55 percent from fittings and fixtures. Energy efficiency measures include high efficiency glazing, reduced interior lighting power density, occupancy sensors and a district chilled water system. The Leadership in Energy and Environmental Design Rating System was designed by the U.S. Green Building Council to encourage more environmentally sustainable buildings.

Proud participants at the dedication will be the Levin family, who made the building – as well as numerous other improvements at the school – possible.

Machen noted that Fredric G. Levin (JD 61) donated $10 million to the law school in 1999. At the time it was the largest gift ever given to UF.

“When the history of this law school is recounted 50 or 100 years from now, Fred Levin will be known as a transformative force,” Machen said.

The center is named after Fredric’s son, Martin Levin (JD 88), who serves as general counsel for the Washington, D.C.-based Robert F. Kennedy Center for Justice and Human Rights. He illuminated what has driven his father to become the prime benefactor of UF Law in general and the advocacy center in particular when the opening of the center’s 4,000-square-foot courtroom was celebrated last year.

He said his father believes that advocacy is a way of arriving at conclusions that instill confidence in the advocate to speak even if the point of view is unpopular. The meticulous research and critical thinking upon which advocacy relies allows conclusions based on reality rather than self-interest, Martin Levin said.

“It’s very simple. Dad honestly believes that advocacy is the single-most important action that can sustain this country’s greatness and, certainly, sustain justice,” said Martin Levin, who finished first in his class at UF Law and holds two advanced degrees from Harvard as well as an undergraduate degree from Stanford.

Martin Levin said his father has done this regularly during his 50-year career. “He spoke out no matter what the consequences were going to be to him. He never backed down.”

“I’m very privileged and honored to do this for Allen and to live the legacy of this incredible family,” Teri Levin announced at the courtroom dedication. Her $1 million donation in the name of her late husband, Allen Levin, a Pensacola developer, allowed the Teri and Allen Levin Advocacy Center Suite on the second floor, which includes two new multipurpose courtroom classrooms and offices for Legal Research and Writing faculty and practice areas for student trial and moot court teams, to be completed this summer.

Teri Levin noted that she gave the money for the advocacy center at the guidance and encouragement of her brother-in-law Fredric G. Levin, who also donated $2 million for construction of the advocacy center.

“I hope with the facility here, the advocacy center, that it will become the go-to place for young law students who want to become trial lawyers and they certainly have the facility to do it,” said Fredric Levin, a renowned trial lawyer. “I have tried cases all over the country. I’ve never seen a more beautiful courtroom or a more well-equipped courtroom.”

Architect Sol J. Fleischman Jr., A.I.A., CEO of Tampa-based FleischmanGarcia, said the courtroom is geared to its teaching function through monitors, data, phone and Internet connections, and especially the tiered seating giving students a clear view of the proceedings. The cherry-paneled walls and leather chairs give it the stately grace appropriate for Florida’s flagship law school.

The Judge John J. Parker Distinguished Professor of Law will present a lecture titled, “Slavery, Secession and the Constitution,” at the ninth annual UF Levin College of Law Center for the Study of Race and Race Relations Spring Lecture Wednesday, March 21, at noon at the University of Florida Levin College of Law, Room 345. The lecture is free and open to the public.

“While everyone understands that slavery was at the center of the South’s secession, what I’m interested in is how southern politicians, lawyers and professors used constitutional ideas – like the Constitution’s protection of slavery – to argue for secession,” Brophy said.

Brophy said while today we see the Constitution as a guarantee of equal rights, before the Civil War, southerners used the same document to protect slavery, even at the cost of a united nation. This presentation is the culmination of years of work analyzing southern academics and their defense of slavery, and “how ideas about slavery, history and economy were used to gin up support for a proslavery interpretation of the Constitution and separate Confederate nation.”

Brophy is the author of Reconstructing the Dreamland: The Tulsa Race Riot of 1921 (Oxford University Press, 2002) and Reparations Pro and Con (Oxford University Press, 2006), and is the co-author of Integrating Spaces: Property Law and Race (Aspen, 2011). He is completing a study of jurisprudence in the old South tentatively titled University, Court, and Slave and is starting a study of the idea of equality among African American intellectuals in the early twentieth century and the road to Brown, tentatively titled Reading the Great Constitutional Dream Book.

The University of Florida Levin College of Law Center for the Study of Race and Race Relations is committed to fostering communities of dialogue on race. The center creates and supports programs designed to enhance race-related curriculum development for faculty, staff and students in collegiate and professional schools. Of the five U.S. law schools with race centers, the CSRRR is uniquely focused on curriculum development.

Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern University School of Law, will present the lecture “Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a ‘Controlled Activism’ Alternative” Friday March 23, at 10:30 a.m. in UF Law’s Chesterfield Smith Ceremonial Classroom, HOL 180. The lecture is free and open to the public.

Redish was recently listed in a study conducted by William S. Hein & Company as the sixteenth most cited legal scholar of all time. He has also been consistently recognized by the Institute for Scientific Information for being among the most highly cited researchers worldwide.

Redish has also appeared as an expert witness before numerous congressional committees. In addition, he has made frequent appearances in the national media, including the Today Show, ABC and NBC National News, CNN, Court TV, CSPAN and National Public Radio.

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.

The event is CLE accredited and will be available via live webcast atwww.floridalawreview.com.

Vicki L. Been, Boxer Family Professor of Law at New York University School of Law, addresses UF Law as the Wolf Family Lecture speaker Feb. 28. (Photo by Nicole Safker)

Since New York City Mayor Michael Bloomberg took office in 2002, the city has engaged in the rezoning of about 11,000 lots within its limits, which equals about one-quarter of its total land area. Even for one of the world’s largest cities, this is an unusually high level of rezoning, according to Vicki L. Been, Boxer Family Professor of Law at New York University School of Law.

As the guest lecturer for the fifth annual Wolf Family Lecture on American Law of Real Property, Been — who is also the director of the Furman Center for Real Estate and Urban Policy at NYU Law — examined this peculiar situation with her presentation, “Who Controls Land Use Regulation: The Urban Growth Machine versus Homevoters,” Feb. 28 at UF Law.

Been conducted an empirical study that attempted to gain insight into the reasons for such a high rate of rezoning in the past decade in New York City.

“There’s a wide variety of views about what motivates the people who make land use decisions,” Been said at the lecture. “These are members of the planning commission, or the members of the city council that has to vote on planning commission proposals, the mayor, or administrative agencies like the zoning board of appeals.”

These ideas about decision makers’ motivation are usually categorized into several land use theories, Been said. In her study, she chose to focus on two of the most developed and potentially revealing theories: the Urban Growth Machine theory, which is “a sort of unmitigated attempt to grow the city or grow the community,” and the Homevoters theory, which is about “the control that the homeowners have over the land use decisions.”

Been looked at a selection of 100 lots that were rezoned between 2003 and 2009 and compared a number of factors, including whether the lots were “downzoned” (more restrictive), “upzoned” (less restrictive) or “non-FAR zoning” (no major changes in floor-area ratio). The non-FAR zoned areas often required any new construction to be consistent in looks with existing structures.

The study revealed that there was about a 2 percent increase in the housing capacity in New York City, which could accommodate approximately 230,000 people in the next decade, but it is projected that the city will need to be able to accommodate about 1 million people during that time.

The overall results of Been’s study did not reveal a clear-cut conclusion about which theory may be driving the rezoning decisions in New York City. Results show some support for the Urbam Growth Machine theory, while other results lean more toward the Homevoters theory than was anticipated for a city of New York’s size.

Been said the results reveal the difficulties in articulating how theories involving land use politics will play out in practice and caution against any kind of broad presumptions about motivations behind land use decisions.

The Wolf Family Lecture Series was endowed by a gift from UF Law Professor Michael Allan Wolf, who holds the Richard E. Nelson Chair in Local Government Law, and his wife, Betty. Professor Wolf is the general editor of a 17-volume treatise, Powell on Real Property. The treatise is the most referenced real property treatise in the country and is cited regularly by the courts, including several citations in the U.S. Supreme Court.

The Wolf family’s strong ties to the University of Florida date back to the 1930s, when Professor Wolf’s father, Leonard Wolf, was a UF undergraduate. Since that time, two more generations of his descendants have made their way to Gainesville to study and work.

Past scholars who have delivered the Wolf Family Lecture in the American Law of Real Property include Thomas W. Merrill, Charles Evans Hughes Professor of Law at Columbia Law School; Gregory S. Alexander, A. Robert Noll Professor of Law at Cornell Law School; Lee Fennel, Max Pam Professor of Law at the University of Chicago; and Joseph William Singer, Bussey Professor of Law at Harvard Law School.

Vicki L. Been, Boxer Family Professor of Law and director of the Furman Center for Real Estate and Urban Policy at New York University School of Law will present the Wolf Family Lecture Tuesday at 11 a.m.

The fifth annual Wolf Family Lecture on the American Law of Real Property will explore pertinent issues facing land use regulation tomorrow.

Vicki L. Been, Boxer Family Professor of Law and director of the Furman Center for Real Estate and Urban Policy at New York University School of law will present, “Who Controls Land Use Regulation: The Urban Growth Machine versus Homevoters,” Tuesday at 11 a.m. in Martin H. Levin Advocacy Center at the University of Florida Levin College of Law.

“Professor Been is a leading land use scholar whom we’re fortunate to have as our Wolf Family Lecture speaker,” said Senior Associate Dean for Academic Affairs Alyson Flournoy. “Her topic is one that has particular resonance here in Florida where the debate over growth management and citizen participation in the process has been so prominent.”

Been’s Furman Center recently received the MacArthur Foundation Award for Creative and Effective Institutions. The prestigious award recognizes the Furman Center as being one of the leading institutions addressing land use and housing issues in progressive and creative ways. Been specializes in land use regulation, property, and state and local governments.

The Wolf Family Lecture Series was endowed by a gift from UF Law Professor Michael Allan Wolf, who holds the Richard E. Nelson Chair in Local Government Law, and his wife, Betty. Professor Wolf is the general editor of a 17-volume treatise, Powell on Real Property. The treatise is the most referenced real property treatise in the country and is cited regularly by the courts, including several citations in the United States Supreme Court.

The Wolf family’s strong ties to the University of Florida date back to the 1930s, when Professor Wolf’s father, Leonard Wolf, was a UF undergraduate. Since that time, two more generations of his descendants have made their way to Gainesville to study and work.

Past scholars who have delivered the Wolf Family Lecture in the American Law of Real Property include Thomas W. Merrill, Charles Evans Hughes Professor of Law at Columbia Law School; Gregory S. Alexander, A. Robert Noll Professor of Law at Cornell Law School; Lee Fennel, Max Pam Professor of Law at the University of Chicago; and Joseph William Singer, Bussey Professor of Law at the Harvard Law School.

The Wolf Family Lecture is free and open to the public.

Carol Browner (JD 79) spoke of her work experiences under the Clinton and Obama Administration and of the importance to protect the environment during her keynote address at PIEC Friday. (Photo by Marcela Suter)

Forty years ago, drivers could buy a gallon of gasoline with just a few coins, the Cuyahoga River smoldered rather than flowed and the two most significant water laws in our state and nation — the Florida Water Resources Act and the Clean Water Act — took effect.

“No question. The waters are cleaner. We’re closer to the goals of the Clean Water Act,” said Jonathan Cannon, a PIEC panelist and former Environmental Protection Agency general counsel, said. “But we seem to have hit a plateau.”

More than 300 registrants attended panels and events held Thursday through Saturday at UF Law’s 18th annual Public Interest Environmental Conference, “Fishable, Swimmable? 40 Years of Water Law in Florida and the United States.” The conference brought together land use lawyers, journalists, legislators, authors, historians and water warriors from across the nation.

Speaker after speaker, including keynote addresses from Richard Ausness (JD 68) and longtime federal environmental policymaker Carol Browner (JD 79), came together for a weekend with one unified message: We’re not swimming; we’re sinking.

“It’s sort of like a midlife crisis,” said Richard Hamann, another PIEC panelist and assistant director of UF Law’s Center for Governmental Responsibility. “That’s where we’re at now.”

In celebration of the 40th anniversary of former UF Law Dean Frank Maloney drafting the Florida Water Resources Act (FWRA), an act that created a statewide system of five water management districts to govern the Sunshine State’s water, this year’s PIEC fell smack dab in the middle of a political whirlpool over what to do with the state’s water.

In what would be the largest change to the FWRA in 40 years, the Florida Legislature is debating a bill that would redefine state water rights.

Florida law subjects all state waters to permitting based on “beneficial use in the public interest.” The bill before the Legislature would remove reclaimed water, wastewater that is treated for reuse, from consideration as a “water of the state” and give ownership of that water to the utility companies who control its distribution. The water management districts would, if the bill passes, lose control over reclaimed water.

In most states, the issue of who owns cleaned sewage would be a rather unimportant question. But for Florida, the state leading the nation in reclaimed water use with 10 percent of the state’s daily water needs, a state often plagued by droughts and saddled with watering restrictions, the issue of who owns sewage is vital.

“The decision makers have lost sight of what doctors take an oath on, and that’s ‘Do no harm,’” said Daniel Fernandez (JD 76), an assistant professor at Florida Gulf Coast University’s Lugert School of Business.

And in the nation’s fourth-most-populous state with a population that’s nearly tripled since the Clean Water Act and the FWRA became law, the issue of water has only grown in importance over the years.

“We have three times as many people as we did 40 years ago. We have to create all this water,” said Henry Dean, former executive director of both the St. John’s River Water Management District and the South Florida Water Management District. “You can’t make chicken salad out of chicken feathers.”

Even Browner, one of the conference’s keynote speakers, a former secretary of Florida’s Department of Environmental Regulation, EPA administrator during the entire 1990s and White House Office of Energy and Climate Change Policy director during the first half of the Obama administration, had a sobering view of Florida’s watery narrative.

“Water is Florida’s lifeblood; it’s what our economy is based on,” she said in her keynote address. “Imagine if Texas was treating its oil like we treated our water. We’d be horrified.”

But Browner also provided hope to conference attendees at the annual PIEC banquet.

“The responsibility of environmental protection is one that will always be with us,” she said. “We must rededicate ourselves to solve these challenges. I’m not suggesting that this will be easy, but we have to get started.”