Students ask questions and voice concerns at the April 9 John Marshall Bar Association Town Hall meeting. (Photo by Maggie Powers)

By Jenna Box
Student writer

On April 9, the John Marshall Bar Association hosted UF Law’s latest Town Hall Meeting with four UF Law deans. Historically these meetings have led to updates like the study lounge and more swipe card entries.

Dean Robert Jerry; Alyson Flournoy, senior associate dean for academic affairs; Rachel Inman, associate dean for students; and Deb Staats, associate dean for administrative and fiscal affairs, listened and addressed concerns from students on various topics.

“It’s been really encouraging to see the administration is really taking our suggestions, our wishes and our needs into consideration,” said a JMBA representative who introduced the panel. “They’ve really done a lot to help us as a student body going forward.”

Discussion highlights included:

Facilities

New water fountains, waterless urinals, better cleanliness and an increased number microwaves in the cafeteria were among suggestions and topics of question.

Staats urged students to snap photos of cleanliness issues when spotted. She said these could be used by the custodial team to target problem areas. She also encouraged students to take advantage of the two new microwaves in the cafeteria that will soon arrive and the cleaning products — such as Sani-wipes — that will be nearby.

Library Hours

Students expressed concern about library hours during football games and exam week. Currently, the library is closed during home football games.

Jerry empathized with students on this issue and said that options to make sports-infused weekends more study-friendly would be pursued, but he said that tailgating near the law school on game days poses a risk to the interior of the building if it were to be open, based on recent experiences with the restrooms that have been open on game days.

Students also requested later hours for a longer period near exam weeks and in general.

According to figures recorded by the library during past extended hours, on average only up to 10 people were in the library at the 4 a.m. hour, and about 20 during the 2 a.m. hour, said Claire M. Germain, associate dean for legal information. She also noted that staffing the library during these hours posed a problem.

For those who prefer to study late, space is currently available via swipe entry in Bruton-Geer Hall, Jerry said, and the possibility of extra classroom space will also be considered.

The planned extended hours — 7:30 a.m. to 2 a.m. — for the library began April 12, and will continue through May 2.

Curriculum and Registration

Regarding recent registration concerns, the course schedule is currently available in an Excel spreadsheet and in a PDF on the website, Flournoy said.

Flournoy also mentioned the possibility of online career guides that would list courses available to students who want to pursue a specific legal path, such as construction real estate law or sports law. Oftentimes, classes that benefit a certain type of law study aren’t necessarily labeled in a way that makes it obvious, she said.

The valuable Pretrial Practice class will be evaluated to decide if it should be expanded to a four-credit course, as students had suggested, or whether the topic warranted more than one course.

Finally, where students identify class conflicts involving a registration priority course, she advised checking both fall and spring schedules during registration. The schedules have been designed to include multiple sections of these classes.

Externships

Currently, law firms are not allowed as externships at UF Law. Jerry called this rule “a relic of the past,” even though, he said, a majority of law schools currently have the same rule as UF.

Because the externship has become a stepping stone to the job market, this is something the administration and faculty will need to look at to provide opportunities to connect new forms of skills training with the private sector, Dean Jerry said.

All input is appreciated by the administration, and students are encouraged to pass along further questions or concerns to the JMBA office.

Ian (JD 07) and Lauren Alperstein (JD 08) are full-time attorneys with Laufer & Laufer, PA and Boies, Schiller & Flexner LLP, respectively. Ian represents insurance carriers, while Lauren works in family and matrimonial law.

They have also picked up another job as parents to a son born in January.

Lauren is currently on maternity leave, but will return to work this month. Her work includes counseling and defending clients, as well as volunteering with the family law section of The Florida Bar and the Broward County Bar Association, and the young lawyers section of the Broward County Bar Association.

While balancing her busy schedule and family life has not been easy, Lauren said the balance is made possible with the support of her firm.

“I love the people I work with. I am really fortunate to be part of a great firm and a great office. We are one big family working to better our clients’ lives,” she said.

Ian is busy as a litigator for insurance carriers in first-party insurance disputes. His daily practice involves representing clients through the court process — work that continually keeps him interested in the nuances of insurance law.

“Each day presents a new opportunity and new tasks that challenge me and broaden my area of expertise in my area of practice,” said Ian.

But prior to law school, neither Ian nor Lauren expected to be working in their present fields.

Lauren earned a bachelor’s degree in political science and international affairs from George Washington University in 2005. But at UF Law, she was drawn to family law.

“Given my personal background — my parents got divorced when I was in elementary school — I always was interested in family law. In law school, however, I was torn between international business law and family law,” she said. She credits Professor Nancy Dowd’s family law class, her externship with the family law judges at the Alachua County courthouse, and her involvement with Gator TeamChild for solidifying her decision to pursue a professional career in family law.

Meanwhile, Ian received his bachelor’s in economics from UF in 2000. And when he came to UF to study law, he did not plan to become a litigator.

“I went to law school thinking I would become a transactional attorney. However, the classes I enjoyed the most in law school involved litigation,” he said.  Ian listed trial practice, evidence, civil procedure, and insurance law class as the inspirations for his current career path.

Despite their differing career interests, Ian and Lauren met at UF Law through their involvement with the Jewish Law Students Association.

“We both attended a Jewish Law Students Association function and then kept on bumping into each other in the reading room of the library,” said Ian. “One thing led to another, and we started dating.”

After dating throughout law school and into their first few years as new attorneys, the couple married in 2010. Since then, the Alpersteins have balanced their busy schedules with their expanding family.

“Given the demands and stressors of our jobs, it can be hard and challenging at times,” she said. “However, we both understand the demands expected of us and really value the time we have together at home. We make it a point to try our best not to talk about work when we come home, but understand when we each have to work late at night or on the weekends to complete our tasks.”

While both admit that finding time to work as an attorney and have a family is a challenge, Lauren maintains that a balance can be struck with a goal in mind.

“Take it one step at a time,” said Lauren. “Do not worry about what everyone else is doing.”

Photo submitted by James Grippando. Taken by Jeffrey Camp.

By Jenna Box
Student writer

It was 1994 when a newly published author paced the floors of his local bookstore in South Florida. He grabbed a James Grippando novel from the shelf and walked toward the counter with the thriller, titled The Pardon.

“That’s my book, you know,” he told the sales clerk as he laid it on the counter.

“Yes, it is once you’ve paid for it,” she responded with a puzzled expression.

He held back the urge to whip out his license to prove his identity.

“Best $23 I’ve ever spent,” he said as he gave her the cash.

She pointed at the book, “James Gri…Grippa…Grippa-na-nando. Never heard of him. Any good?”

“No,” he said, “just lucky.”

Ten years and 20 books earlier, Grippando (JD 82) was a trial lawyer who couldn’t shake his childhood dream of becoming a writer. Today, he’s a New York Times bestselling author. His luck has yet to run out.

The double-Gator was once the editor of Florida Law Review, the general chairman of Gator Growl and a standout student.

Fresh out of law school, Grippando served a judicial clerkship immersed in death penalty cases on the 11th U.S. Circuit Court of Appeals. It was from this experience he drew inspiration for The Pardon.

“I was not one of those lawyers who started writing because I hated the practice of law,” Grippando wrote in an email. “I enjoy it. But it was hard to find a way to do both law and writing at a high level.”

During the height of his legal career, TV shows like “Law & Order” and writers like John Grisham started to become popular. He knew he could write like that, too, he said.

Grippando was right. His latest novel, Blood Money, came out in January, capturing the attention of readers with its stark similarity to the Casey Anthony trial. Grippando’s books are known for drawing from current real-life issues to create gripping realistic fiction.

Grippando said UF Law set him up for success in every way, from his first job as a clerk to his 12 years as a trial lawyer. Although he stepped away from the legal field for a time, he now serves as counsel at Boies Schiller & Flexner thanks to telecommuting.

Lawyer-bashers might say that the connection between being a lawyer and a fiction writer is simple, “either way, you’re making things up,” he said.

“The less cynical view is that both are story tellers,” he said. “A trial lawyer, like a novelist, needs to make his client (the protagonist) sympathetic and the adversary (the antagonist) dislikable; needs to know which facts are important to get into evidence (editing); can’t make the story overly complicated (plotting); and needs to know his judge or jury (the audience).”

For this reason, he’s not surprised so many lawyers transition easily into writing. But Grippando’s knack for storytelling wasn’t the only contribution to his success. His mother was also a published writer.

“Somehow she managed to raise five kids, work, and take courses on the side to get a doctorate degree in education,” Grippando said of his mother. “Her dissertation was later published and became one of the top textbooks in the country for nursing students. More than a quarter-century later it was still going strong in its sixth edition. I hope I can have a run like that.”

After being introduced through a mutual friend on the moot court team in the fall of 1988 at the University of Florida Levin College of Law, Marc Chapman (JD 89) and Tracy Duda Chapman (JD 90), became friends right away.

But it wasn’t until they worked at the same law firm in Orlando that they started dating.

“They didn’t have policy against it,” Tracy said of their relationship at the firm. “But we both were concerned over whether or not that was a smart thing to do.”

Fast-forward to 2013. The Chapmans now have two daughters, aged 12 and 15, and have been married for 19 years.

Tracy is the senior vice president and general counsel of A. Duda & Sons, Inc., a diversified land company with operating divisions and subsidiary companies in agriculture, real estate development and related businesses. She is also the CEO of The Viera Company, a subsidiary of DUDA that manages the commercial and residential development of DUDA’s non-agricultural property in Florida, and is the master developer of the master-planned town of Viera in Brevard County, Fla.

In February, Marc was elected president of Dean Mead, a full service business law firm based in Orlando with three other offices around the state (Ft. Pierce, Viera and Gainesville) and nearly 50 attorneys. He practices in the area of commercial litigation, including banking, construction, real estate, commercial landlord/tenant and probate litigation, as well as creditors’ rights and non-compete/trade secret enforcement.

As a couple of Gator grads with diverse paths in law, Marc and Tracy said passion for a chosen field is recipe for success.

“You have to enjoy and like what you do,” Tracy said. “If you choose a field that you’re interested in, it makes going to work a lot better.”

While Tracy is passionate about agriculture law, working for her family’s company makes her strive even harder for success.

“I have stock in the company. My daughters have stock in the company. So I have a vested interest in its success,” she said. “You feel like you’re continuing the legacy of passing on the business to future generations.”

Tracy also recommends that students continuously seek knowledge outside of their chosen career path as a means of broadening their horizons and as preparation to take on unexpected jobs.

Marc adds that students interested in commercial litigation should take a number of business classes.

“In addition to the litigation issues, you’re going to advise clients on some type of corporate, tax or other business issue impacted by the litigation in most cases,” he said. “You need to at least recognize the business issues so you can refer your client to the appropriate advisor.”

He also gives a simple but crucial piece of advice to law students and recent graduates: Be a good listener. It is the only way to really figure out what a client wants and actually needs, he says.

Marc and Tracy say they have been fortunate for the ability to participate in many philanthropic events. Together they’ve donated to the St. Luke’s Lutheran Church and School, the HOPE Foundation and UF Law, among many others.

They enjoy traveling and taking their daughters to the Keys every summer, which presents Marc a perfect place to enjoy his hobby of fishing and Tracy a lush landscape as family photographer.

They are also huge football fans. Marc, a seven-year Gator, is a Champions Club season ticket holder, and Tracy spends many football weekends at the University of Alabama, her undergraduate alma mater.

“We don’t see each other much on football weekends,” Marc said. “And when the Gators play Alabama, we sit on opposite sides of the stadium.”

Blair’s paper, co-authored with Christine Durrance, “Restrains on Quality Competition,” was accepted for publication in the Journal of Competition Law and Economics.

Jonathan R. Cohen
Professor of Law

On April 5, Cohen spoke on two panels at the American Bar Association Section on Dispute Resolution’s Annual Meeting in Chicago.

Bob Dekle
Director, Criminal Prosecution Clinic; Assistant Director, Criminal Justice Center; Master Lecturer

“Linguist: Accused shooter didn’t really mean man ‘begged’ to be shot” (April 2, 2013, The Daytona Beach News-Journal)

In the case of Paul Miller shooting his neighbor about an argument revolving around barking dogs, a linguist stated that statements from Miller, who is from the mountains of Tennessee, could be misconstrued because of dialect and colloquialisms.

From the article:
University of Florida Law Professor George Dekle said some defense attorneys don’t go that route in part because the burden of proof at such a hearing is on the accused while at a trial the burden of proof is on the prosecution.

“Why assume a burden of proof and tip your hand on what your defense is going to be, give the prosecution an opportunity to prepare for it at trial?” Dekle said.

Larry A. DiMatteo
Huber Hurst Professor of Contract Law & Legal Studies; Warrington College of Business Administration; Affiliated Professor, Levin College of Law

On April 10, DiMatteo was among several announced winners of the 2013 SEC Faculty Achievement Awards. The award recognizes professors from the 14 SEC-member universities who have praiseworthy records in teaching and scholarship and who serve as role models.

Alyson Flournoy
Senior Associate Dean for Academic Affairs and UFRF Professor and Alumni Research Scholar

Flournoy was selected by the Center for Law, Environment, Adaptation and Resources (CLEAR) at UNC-Chapel Hill as its highlighted “Scholar of the Week” for the week of Feb. 18.

William Hamilton
Adjunct Professor; Executive Director of ICAIR and the E-Discovery Project

Six Big E-Discovery Blunders (April 8, 2013, Law.com)

This article, written by Hamilton, discusses the recent e-discovery conference at UF Law, and the six biggest mistakes when using e-discovery and how to banish them for good.

From the article:

Our Florida conference also busted traditional conference boundaries. We had 82 in-person registrants, and 150 participants live online (that number, however, includes organizations that aired the program in conference rooms, so the “body count” for online attendees is actually higher). We streamed the entire conference live, and online attendees could ask questions of panelists via email. Most panels became engaged debates. The conference also was recorded, users who sign up for the recorded version can download all tools and resources. (Registration: www. law.ufl.edu/academics/ediscoveryconference. Fee: $99.)

Berta Esperanza Hernández-Truyol
Levin Mabie & Levin Professor of Law

Hernández-Truyol was appointed to the board of Southern Legal Counsel in Gainesville.

Robert H. Jerry II
Dean and Levin Mabie & Levin Professor of Law

 Dean Jerry’s essay, “Leadership and Followership” was part of the Leadership in Legal Education Symposium XII and was published in the Toledo Law Review. The cite is 44 Toledo L. Rev. 345 (2013). “Leadership and Followership,” (Toledo Law Review).

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

Johnston presented her work-in-progress, “Resentencing Prisoners with Serious Mental Illnesses,” at the Finality in Sentencing Symposium at Wake Forest School of Law on April 5.

Lyrissa Lidsky
Professor of Law; Stephen C. O’Connell Chair 

“Fiddler’s Creek suits become latest in libel, slander cases involving bloggers” (April 8, 2013, Naples Daily News)

Bloggers and Internet critics are increasingly becoming the target of slander and libel lawsuits after posting bad reviews or negative comments. An example of this is a 14-year resident of a Naples residential community.

From the article:
Consumers are increasingly turning to online reviews before purchasing products or services, prompting businesses to take negative reviews seriously, said Lyrissa Lidsky, a University of Florida Levin School of Law professor.

“Suing one’s critics, however, is a risky strategy,” said Lidsky, who specializes in defamation, First Amendment law and Internet speech. “It may be bringing more attention to the negative publicity and may even produce a backlash if it appears to be a frivolous lawsuit designed to intimidate one’s critics into silence.”

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

“Silicon Valley’s Mouthwatering Tax Break” (April 7, 2013, The Wall Street Journal)

Many Silicon Valley companies like Google and Facebook provide free lunches for their employees, which is causing some controversy among tax experts – some say these perks should be taxed.

From the article:
“I clearly think it ought to be taxable income,” said Martin J. McMahon, Jr., a tax-law professor at the University of Florida, who argues that in most cases the meals are really part of a compensation package.

“I buy my lunch with after-tax dollars,” said Mr. McMahon, the University of Florida professor. “And I have to pay taxes to support free meals for those Google employees.”

“Google, Facebook Workers Could Owe Taxes On Their Free Lunches” (April 8, 2013, The Huffington Post)

This article also looks at the debate over whether free lunches for employees should be a taxable fringe benefit.

From the article:
According to Professor McMahon, companies like Facebook and Google report these meals as tax-free fringe benefits, when they should be considered taxable fringe benefits. The cost of these meals, McMahon explains, should be considered a part of the employee’s salary. “Let’s say that an employee gets $2,000 in free meals and makes $50,000 a year. The company should report to the IRS that it paid the employee $52,000 in compensation on which the employee would be taxed,” McMahon says.

As Professor McMahon explained to us: “A company cannot provide tax-free meals if workers commute from home and have the ability to bring their lunches with them.”

McMahon’s paper, co-authored by Ira Shepard and Daniel Simmons, “Recent Developments in Federal Income Taxation: The Year 2012,” was published in Florida Tax Review. The cite is 13 Florida Tax Review 503-721 (2013). “Recent Developments in Federal Income Taxation: The Year 2012,” (Florida Tax Review).

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

Winston Nagan
Samuel T. Dell Research Scholar Professor of Law 

Nagan’s article, co-authored with Joshua Root, “The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the U.N. Charter, and the Application of Modern Communications Theory,” was published in the North Carolina Journal of International Law & Commercial Regulation. The cite is 38 N. C. J. of Int’l L. & Commercial Reg. 375 (2013). “The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the U.N. Charter, and the Application of Modern Communications Theory,” (North Carolina Journal of International Law & Commercial Regulation).

Nagan also recently published “Eruditio, Issue 2, Part 1,” which is the E-Journal of the World Academy of Art & Science for which Nagan serves as editor-in-chief.

Kenneth Nunn
Professor of Law; Associate Director, Center on Children and Families; Assistant Director, Criminal Justice Center 

“Body image forum promotes open discussion” (April 2, 2013, The Gainesville Sun)

Students gathered at the Institute of Black Culture Tuesday night to discuss body issues and race issues, and how those two often go hand-in-hand.

From the article:
Nunn, a UF law professor, said he spoke at the forum because students are his No. 1 priority.

“I want to make sure the next generation of scholars we need in this country and community are well-prepared,” he said in an interview.

Nunn spent a lot of his presentation discussing relationships and family structure.

“It’s really healthy for the African-American community both inside and outside of the community to encourage healthy relationships,” he said.

Meshon Rawls
Master Legal Skills Professor

Rawls played a leadership role in the Law and Justice Conference, held at UF Law on Feb. 27. About 85 high school students attended, and WCJB-20 covered the event.

Danny Sokol
Assistant Professor of Law

Sokol was named chairman of the Hispanic National Bar Association’s new Law Professor Committee.

Roger Blair
Chairman of Economics Department and UF Law Affiliate Professor

Blair was cited in the March 27 Supreme Court decision in the Comcast Antitrust Case. It is the fifth time Blair has been cited by the Supreme Court.

Deborah Cupples
Legal Skills Professor

Cupples’ and Temple-Smith’s book Legal Drafting: Litigation Documents, Contracts, Legislation, and Wills is now available in print. Their other co-authored manuscript Grammar, Punctuation, and Style: A Quick Guide for Lawyers and Other Writers is scheduled to be available within the next few months.

Lyrissa Lidsky
Professor of Law

Lidsky’s article, “Not a Free Press Court?” was published in the Brigham Young Law Review. The cite is 2012 B.Y.U. L. Rev. 1819 (2012).  “Not a Free Press Court?” (Brigham Young Law Review)

Margaret Temple-Smith
Senior Legal Skills Professor

Temple-Smith’s and Cupples’ book Legal Drafting: Litigation Documents, Contracts, Legislation, and Wills is now available in print. Their other co-authored manuscript Grammar, Punctuation, and Style: A Quick Guide for Lawyers and Other Writers is scheduled to be available within the next few months.

Marathon runner, mother, wife, leader, writer and avid reader.

Alexa Sherr Hartley (JD 02) is also the founder and president of Premier Leadership Coaching, LLC — a business that coaches legal professionals to be the best at what they do.

But, you may ask, why do lawyers and attorneys need coaching? Isn’t that what law school is for?

“You have to have IQ to get into law school,” she said, but EQ — or emotional intelligence — is a necessary skill for lawyers and attorneys to become “outstandingly great.”

This skill was never taught while she was at UF Law, but rather it was demonstrated by many of the faculty and staff whom she engaged with, she said.

Before Hartley became an entrepreneur, she practiced commercial and business litigation for eight years with Greenberg Traurig. During this time, she often found herself engaged in conversations with coworkers about steps they could take to solve professional problems.

“I am authentically interested in people and their stories,” she said. “I really do enjoy interacting with people. I like being a problem solver.”

She eventually realized the best use of her skills was not litigating. In the midst of not-so-favorable economic conditions and a skeptical target audience, Hartley established her coaching business.

At the time, executive coaching was new to legal professionals, she explained, so there was some resistance from her prospective customers. Some even asked her why she didn’t apply her ability to coach professionals in a different field.

But she insisted lawyers needed these soft skills, too.

“Lawyers are my people,” Hartley said. “I’ve been inside that fishbowl, I’ve seen those struggles and I know coaching is the way to overcome.”

Legal professionals often think of emotional intelligence as “nice,” she said.

“Throw ‘nice’ out the window — it’s imperative to build emotional intelligence muscles not for a feel-good thing. It makes you a more effective advocate, it makes you more profitable and it makes you a better asset … It makes good business sense. ”

Hartley teaches her clients positive conflict resolution tactics, how to be inspirational leaders and how to be more self-aware. She will contribute to The Florida Bar Leadership Academy, which begins in June.

“Alexa’s skills and experience as a lawyer have helped me to better manage my practice and clarify my career objectives,” wrote Dori Foster-Morales (JD 89), member of The Florida Bar Board of Governors. “Law school taught me how to be a lawyer, but not really how to manage the complexities of a legal practice. While I’m a work in progress (aren’t we all?), Alexa has really helped me to focus on items in my practice that I simply would not otherwise prioritize.”

Hartley runs marathons, raises her three children and blogs biweekly for Westlaw, a legal solutions blog, as a way to provide coaching for those who cannot afford it. She said her husband is the one who helps her do it all.

Despite all that’s on her plate, Hartley said she is happy to manage it all because she loves what she does.

“I walk the walk, talk the talk and walk the talk,” she said. “I push myself hard to be outstandingly great. I have to practice what I preach.”

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.

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.