Andrei Boyarshinov, adjunct professor and associate general counsel for Shands HealthCare, engaged in a discussion with UF Law Professor Steven Willis Sept. 17 regarding the constitutionality of the health care reform act. (Photos by Marcela Suter)

Health care reform and the Constitution collided in the Supreme Court this year and President Barack Obama’s premier domestic initiative emerged largely intact. But could it be that the decision was merely a stopgap, as the conservative chief justice who sided with the court liberals to uphold the law merely bides his time until provisions of the law have taken effect?

On the occasion of Constitution Day Sept. 17, this question was debated at UF Law. On one side was UF Law Professor Steven Willis, who briefed the Supreme Court and lower courts, advising them on the unconstitutionality of the The Affordable Health Care Act. On the other was Andrei Boyarshinov (JD 07), a UF Law adjunct professor and associate general counsel for Shands HealthCare.

Students, faculty and staff gathered in the Martin H. Levin Advocacy Center Courtroom for “The Affordable Care Act: The U.S. Constitution Meets Health Care Reform.”

Boyarshinov is senior attorney for managed care and network development, commercial transactions, and risk management for UF and Shands.

Willis has been a member of the UF Law faculty for 31 years and specializes in tax law. He wrote an amicus brief for the U.S. Supreme Court on the Affordable Care Act and published three related law review articles.

Dean Robert Jerry acted as moderator, and began the discussion by summarizing the history of the Constitution and the health care debate.

“(Health care) was a topic that was discussed as early as the presidency of Theodore Roosevelt,” Jerry said.

The question posed to the speakers was whether the government could use its powers to require individuals to buy health care.

Boyarshinov presented an overview of the act, highlighting the problems with today’s health care system and how the act seeks to fix those problems.

“The U.S. spends more on health care than it does on its defense,” he said. According to Boyarshinov, the act seeks to decrease the cost of health care and simultaneously broaden health care availability through delivery system and insurance reform.

However, to effectuate the changes, individuals are required to either have insurance or pay a tax penalty.

“The glue through (the Affordable Health Act) is the individual mandate,” he said.

The act met with opposition by 26 states, but was recently declared constitutional by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius. Although the case was a challenge of Congress’s commerce power, the Court upheld the act under taxing power.

Meanwhile, Willis’s recalled that his initial response to the ruling was dismay.

“And when that decision came down, and I read it… needless to say, I was disappointed,” Willis said.

However, upon reflection, Willis realized, “we have a truly brilliant chief justice of the Supreme Court.”

Willis used Chief Justice John Roberts’ opinion to argue that the act will be challenged in 2014 on tax grounds and ultimately found unconstitutional. Willis said Roberts’ opinions lays out a “roadmap” for that result.

-Felicia Holloman (3L)
Law student writer

The UF Law Externship Program offers students the opportunity to earn academic credit while working in a variety of legal settings. Externships are offered in Florida and throughout the United States and include placements such as government agencies; state and federal courts, non-profit organizations, and corporations. Externships are offered in areas such as family law, criminal law, health care, local government, and higher education law, just to name  a few.

Today at 5 p.m. in HOL 345, learn about the externship program requirements, the application process for Spring externships, deadlines for applications, required documentation and much more. If you are interested in applying for these valuable opportunities, it is very important that you attend this meeting.

Legal Careers with the Navy JAG Corps

Thursday from 1 to 1:50 p.m. in HOL 285D.

Join Naval JAG Officer Matt Kozyra to learn about:

• The Benefits of Navy JAG Legal Careers
• The Commissioning Process
• Internship Opportunities\

Gerald T. Bennett American Inn of Court

The Gerald T. Bennett American Inn of Court is accepting applications from second- and third-year law students.  The Bennett Inn, co-sponsored by the University of Florida Levin College of Law, is dedicated to improving the skills, professionalism and ethics of the bench and bar through the assessment of cutting edge legal trends, innovation and technology.  Last year’s meeting topics included “Presenting Your Online Self:  Safely and Ethically Using Online Advertising and Social Media,” “E-Discovery Practice,” “Using Social Media in Litigation,” and “Use of Technology in Trial Preparation and Presentation.”

The Bennett Inn will host a champagne and cupcake reception Tuesday at 5:30 p.m. in HOL 180 or the Courtyard (depending on weather). All are welcome to come and learn about the Bennett Inn and meet current members. The student application for membership can be found at Bennettinn.org. Applications are due by 9/18 to Membership Chair Mary K. Wimsett, mkwimsett@adoptionlawfl.com.  You may also direct any questions about the reception to her, or to your 2012 Board Members, Bryan Griffin  bryandgriffin@gmail.com or Michael Hacker mike814@ufl.edu.

The Bennett Inn is a chartered member of the American Inns of Court, America’s oldest, largest and fastest growing legal mentoring organization.  The Bennett Inn is a cooperative learning Inn, which distinguishes it from other Inns in Florida because student members sit on the Executive board and each group has a student leader coupled with a master/barrister to engage in true cooperative learning with a strong mentoring component. Members join with local judges and lawyers dedicated to restoring the nobility and ideals of the legal profession in a hands-on, practical way.  The Bennett Inn meets approximately once a month during both semesters on Tuesday evenings from 5:30 to 7:30 in the Faculty Dining Room.

Constitution Day at UF

The University of Florida celebrates this year’s Constitution Day with “The Affordable Care Act: The U.S. Constitution Meets Health Care Reform,” featuring talks and a discussion from UF Law Professor Steven Willis and Associate General Counsel at Shands Teaching Hospital and Clinics, Inc., Andrei Boyarshinov. The discussion will be Sept. 17 at 10 a.m. in the Advocacy Center courtroom. For complete details, read the press release here: http://www.law.ufl.edu/news/2012/09/04/constitution-day-celebration-examines-health-care-reform/.

‘Women, Work, and Family in the 2012 Presidential Campaign’ roundtable Sept. 19 at UF Law

The Center for Women’s Studies and Gender Research and the League of Women Voters of Alachua County will present Sept. 19 a roundtable to discuss “Women, Work and Family in the 2012 Presidential Campaign” at 6:30 p.m. in the Chesterfield Smith Ceremonial Classroom, HOL 180.

This discussion and community event will feature Lynn Leverty, UF Department of Political Science; UF Law Professor Shani King; state Sen. Nan Rich, D-Weston; state Sen. Evelynn Lynn, R-Daytona; with moderator Pegeen Hanrahan, former mayor of Gainesville. The panelists will focus on representations of gender and sexuality during this electoral season.

The event is presented with support from the Levin College of Law, the Bob Graham Center for Public Service and Association for Academic Women.

ELULP hosts potluck reception Sept. 20

A potluck reception for all students and faculty with an interest in environmental and land use law will be held at the home of Professor Mary Jane Angelo on Thursday, Sept. 20,at 6 p.m. Bring your favorite dish and get to know some students and faculty who share your interests.

RSVP to Lenny Kennedy at lkennedy@law.ufl.edu and let her know if you need directions to Professor Angelo’s home.

Center for the Study of Race and Race Relations (CSRRR) hosts open house

The CSRRR will host an open house Wednesday, Oct. 3, from 12:30 – 1:30 p.m. in the CSRRR meeting room, HOL 370D.

The University of Florida will take a closer look at the health care reform issue in celebration of this year’s Constitution Day with a discussion, “The Affordable Care Act: The U.S. Constitution Meets Health Care Reform.” The event is Monday, Sept. 17, from 10-11 a.m. at the UF Levin College of Law’s Martin H. Levin Advocacy Center courtroom. It is free and open to the public.

The discussion will feature UF Law Professor Steven Willis and Andrei Boyarshinov, Shands HealthCare associate general counsel and UF Law adjunct professor, representing opposing viewpoints regarding the Affordable Care Act.

Willis is a longtime member of UF Law’s top-ranked Graduate Tax faculty. He wrote an amicus brief for the U.S. Supreme Court regarding the Affordable Care Act, and has published three law review articles on the case: “Of Constitutional Decapitation and Healthcare” and “Oy Yes, the Healthcare Penalty is Unconstitutional” in Tax Notes, and “No Health Care Penalty? No Problem: No Due Process” in the American Journal of Law & Medicine.

Boyarshinov is a senior attorney for managed care and network development, commercial transactions and risk management for the $1.5 billion health system closely affiliated with the UF Health Science Center, including two major academic centers, Shands at the University of Florida and Shands at Jacksonville, both advanced acute care teaching facilities, three hospital joint ventures, one behavioral health hospital and one comprehensive medical rehabilitation hospital. He teaches Health Care Finance and Delivery at UF Law.

Attendees will receive complimentary cake, lemonade and a U.S. Constitution app for iPhone or Android phones.

UF’s Constitution Day Program continues with two open-mic readings of the U.S. Constitution, one 11 a.m.–noon in the foyer of the Advocacy Center, and the second by Smathers Libraries noon-1:30 p.m. on the Plaza of the Americas outside Library West with complimentary cake, lemonade and pocket copies of the Constitution.

Constitution Day commemorates the signing of the U.S. Constitution in 1787, and each year the University of Florida – along with other publicly funded universities – celebrate the day with special programs and activities. This year’s events are sponsored by the University of Florida, with support from the UF Levin College of Law, Smathers Libraries and the Graham Center.

- Matt Walker
Senior writer

George H. Starke, Jr. admires a plaque erected in front of a Magnolia tree planted at the entrance to the Levin College of Law to commemorate the 50th anniversary of desegregation at the University of Florida.

The University of Florida Levin College of Law celebrated Constitution Day on Sept. 17 by honoring the civil rights pioneers responsible for changing the course of history for minority students.

“Today we start a new year-long effort to remember and archive the struggle for desegregation,” said Pedro Malavet, UF College of Law professor and chair of the Constitution Day planning committee. “We can not possibly understand the significance of our current, diverse student body unless we remember and acknowledge the truly heroic individual struggle these men and women endured.”

The program featured a presentation by Harley Herman, Esq. of de Beaubien, Knight, Simmons, Mantzaris & Neal, on the life and legacy of Virgil Hawkins.

In addition, a panel discussion was held on the federal constitutional issues in law school desegregation with Kenneth Nunn, Professor of Law; Harley Herman, Esq., de Beaubien, Knight, Simmons, Mantzaris & Neal; Juan Perea, Cone Wagner Nugent Johnson, Hazouri and Roth Professor of Law; and Stephan P. Mickle, U.S. District Judge, U.S. District Court, Northern District of Florida.

In 1949, Virgil Hawkins applied to the UF University of Florida’s law school and was denied entry based on the color of his skin. After nine years of legal battles, Hawkins entered into an agreement with the state to withdraw his application in exchange for a court order to desegregate UF’s graduate and professional schools. This opened the door for George Starke Jr., the first African-American to be admitted to the law school, and the Hon. Stephan Mickle, the first African-American to earn an undergraduate and law degree from the University of Florida.

“In reality, Virgil Hawkins never expected to be the Rosa Parks of Florida or his admission to the UF’s College of Law to be the Ft. Sumter of civil liberties,” said Harley Herman, a UF College of Law graduate, and the attorney who laid the ground work to recognize and honor Hawkins.

On hand for the commemoration, George Starke Jr. told the audience that even though he had never met Virgil Hawkins, he appreciates the sacrifice he made. “Virgil Hawkins made it possible for me to attend law school,” Starke said. “He made it all possible.”

Hawkins’ niece also addressed the audience telling them that Hawkins’ faith provided him with patience and perseverance. “Only those who see the invisible can do the impossible,” said Harriet Livingston. “Virgil Hawkins taught us not to judge a person by the color of their skin, but by the content of their character.”

With the legal assistance of future Associate Justice of the United States Thurgood Marshall, it took nine years, five Florida Supreme Court and four U.S. Supreme Court rulings before Hawkins broke the color barrier for students at the University of Florida. As a result, more than 12,000 African-Americans have since earned degrees at the University of Florida.

“Virgil Hawkins and the other students of color who followed demonstrated remarkable personal courage and persistence,” said Robert Jerry, dean and a Levin, Mabie and Levin professor of law. “Today, UF has a more diverse student body, one that more closely matches the population of Florida and the nation.”

Hawkins’ efforts opened the door for others, including George H. Starke Jr. who in 1958 was the first African-American to be admitted to UF’s College of Law; W. George Allen, who in 1962 was the first African-American to graduate with a UF Law degree; and the Hon. Stephan Mickle one of the first African-American students to be admitted to UF for an undergraduate degree.

To commemorate UF’s desegregation and its positive effects on education, the public is invited to attend the 50th Anniversary of desegregation during UF’s Constitution Day Program at the Levin College of Law on Sept. 17, 2008.

The event will take place in the Chesterfield Smith Ceremonial Classroom 180 from 10 a.m. to 1 p.m. The commemoration will include George H. Starke Jr. and relatives of the late Mr. Hawkins and prominent alumni of the College of Law, including the Hon. Stephan Mickle, United States District Judge, Northern District of Florida. College faculty will provide an academic perspective on the legal process of desegregation.

Parking restrictions at the college will be lifted for the day.

Fast Facts:

• In fall 2007, 51,725 students were enrolled at the University of Florida, including approximately 4,300 African-Americans, 6,000 Hispanics and 3,800 Asian-Americans.
• 2008 Levin College of Law minority representation: 25.4 percent. This includes Asian, 8.56 percent; African-American, 5.79 percent; Hispanic 10.57 percent; and Native American 0.5 percent.
• 1946-1958 – 85 African-American students apply to the University of Florida and are denied admission.
• 1949 – Virgil Hawkins and William T. Lewis are denied admission to UF College of Law.
• 1954 – Brown v. Board of Education decided by the U.S. Supreme Court. In a companion decision, the court orders the University of Florida is ordered to admit Virgil Hawkins. The state resists the ruling. Virgil Hawkins brings his case before the Florida Supreme Court five times and the U.S. Supreme Court four times.
• 1957 – Florida Supreme Court upholds Virgil Hawkins’ denial of admission. Justice Stephen O’Connell, who later served as UF’s president, concurs in the decision.
• 1958 – Hawkins withdraws his application to the UF College of Law in exchange for the desegregation of UF graduate and professional schools.
• 1958 – George Starke is the first African-American to be admitted to UF’s College of Law.
• 1959 – College of Law celebrates 50th anniversary.
• 1962 – W. George Allen is the first African-American to receive a degree from the UF College of Law.
• 1965 – Stephan Mickle is the first African-American to earn an undergraduate degree from UF, later earning his law degree from UF in 1970.

Recent news reports have been replete with accounts of secret government programs designed to monitor not only the communications of foreign nationals but also of American citizens. Less well known are government efforts, particularly prolific in the wake of 9/11, to obtain vast amounts of information about everyday transactions of Americans and mine it for information, and to observe, through digital cameras and other surveillance devices, our physical activities. How much of this surveillance, if any, is governed by the Constitution and, if it isn’t, should it be? Professor Slobogin will address these and related issues at a level that is accessible—and interesting—to the campus community and the general public.

Slobogin said his talk will focus on the Fourth Amendment, a topic that has grabbed many news headlines recently.

“The Bush Administration’s wiretapping, camera surveillance and data mining programs may not violate the prohibition against unreasonable searches and seizures, but they stretch the definition of what is reasonable to the limit, which is worth discussing on the day we officially celebrate the Constitution,” Slobogin said.

Professor Slobogin occupies the Stephen C. O’Connell chair at the UF Fredric G. Levin College of Law. He has authored or co-authored over 70 articles, books and chapters on mental health law, criminal procedure and evidence law. He recently published Minding Justice: Laws that Deprive People with Mental Disability of Life and Liberty, with Harvard University Press, and Proving the Unprovable: The Role of Law, Science and Speculation in Assessing Culpability and Dangerousness with Oxford University Press, and his book, Privacy at Risk: The New Government Surveillance and the Fourth Amendment, will soon be published by the University of Chicago Press. He has appeared on Good Morning America, Nightline, the Today Show, National Public Radio, and many other media outlets, and has been cited in over 1,000 law review articles and close to100 judicial opinions, including three Supreme Court decisions. He has written extensively on the Constitution and law enforcement issues.