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	<title>FlaLaw &#187; Joseph Little</title>
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	<link>http://www.law.ufl.edu/flalaw</link>
	<description>University of Florida Levin College of Law</description>
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		<title>Faculty Scholarship &amp; Activities: Nov. 13, 2012</title>
		<link>http://www.law.ufl.edu/flalaw/2012/11/faculty-scholarship-activities-nov-13-2012/</link>
		<comments>http://www.law.ufl.edu/flalaw/2012/11/faculty-scholarship-activities-nov-13-2012/#comments</comments>
		<pubDate>Tue, 13 Nov 2012 15:39:27 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Elizabeth Rowe]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[omri marian]]></category>

		<guid isPermaLink="false">http://www.law.ufl.edu/flalaw/?p=7261</guid>
		<description><![CDATA[Professor Marian made a presentation in Kentucky, Professor Little was quoted in the media and Professor Rowe served as a panelist at an annual AIPLA meeting in Washington, D.C. ]]></description>
				<content:encoded><![CDATA[<p><strong>Omri Y. Marian<br />
</strong><em>Assistant Professor of Law<br />
</em></p>
<p>Marian recently presented “Jurisdiction to Tax Corporation” at the University of Kentucky College of Law as part of the faculty workshop series.</p>
<p><strong>Joseph Little<br />
</strong><em>Emeritus Professor</em></p>
<p><a href="http://www.naplesnews.com/news/2012/nov/05/undercover-mother-lee-mom-seeks-teachers-true/">“Undercover mother: Lee mom seeks teachers’ ‘true colors’ with secret recording” (Nov. 5, 2012, Naples News)</a></p>
<p>This article is about a Fort Myers woman who secretly recorded teachers in the classroom to find out why her autistic son was so miserable at school. It brings up the controversy of whether parents have the right to hear what happens in the classroom without the teacher’s consent.</p>
<p>From the article:<br />
In Florida, all parties must consent to audio recordings if there is a reasonable expectation of privacy. It comes down to whether the teachers have that expectation in the classroom, said Joseph Little, a University of Florida law professor. And that could be argued either way.</p>
<p><strong>Elizabeth A. Rowe<br />
</strong><em>Feldman Gale Term Professor in Intellectual Property; UF Research Foundation Professor of Law; Director, Program in Intellectual Property Law</em></p>
<p>Rowe served as a panelist discussing the theft of intellectual property through cyber attacks at the American Intellectual Property Law Association’s annual meeting in Washington, D.C.</p>
]]></content:encoded>
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		<item>
		<title>Faculty Scholarship &amp; Activities: Nov. 5, 2012</title>
		<link>http://www.law.ufl.edu/flalaw/2012/11/faculty-scholarship-activities-nov-5-2012/</link>
		<comments>http://www.law.ufl.edu/flalaw/2012/11/faculty-scholarship-activities-nov-5-2012/#comments</comments>
		<pubDate>Mon, 05 Nov 2012 15:19:20 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[Martin McMahon]]></category>

		<guid isPermaLink="false">http://www.law.ufl.edu/flalaw/?p=7180</guid>
		<description><![CDATA[Professor Little is quoted in the media and Professor McMahon gave presentations in Georgia and Montana. ]]></description>
				<content:encoded><![CDATA[<p><strong>Joseph Little</strong><br />
<em>Professor Emeritus</em></p>
<p><a href="http://blogs.reuters.com/small-business/2012/10/31/employers-hold-the-hammer-when-it-comes-to-office-politics/">“Employers hold the hammer when it comes to office politics” (October 31, 2012, Reuters)</a></p>
<p>This article points out that in most states employers can fire their employees based on a number of reasons, including disagreeing with their political views. This issue recently arose in Florida when Westgate Resorts owner David Siegel said employees would lose their jobs if Barack Obama is re-elected.</p>
<p>From the article:<br />
In Florida, as in most states, private-sector employees can be fired for anything from their political beliefs to the kind of clothing they wear. Most private companies are protected by a statute called “employment at will,” said Joseph Little, professor of law emeritus at the University of Florida.</p>
<p>While the First Amendment protects a public-sector employee’s freedom of speech, private-sector workers are “at the whim of the employer,” insisted Little.</p>
<p>“The employer, in the absence of a contract of any kind, is able to say I want only republicans in my employment and if you’re not a republican you’re finished.”</p>
<p><strong>Martin J. McMahon Jr.</strong><br />
<em>Stephen C. O&#8217;Connell Professor of Law</em></p>
<p>McMahon presented Oct. 26 at the University of Montana School of Law 60th Annual Tax Institute in Missoula, Mont., on &#8220;When Subchapter S Meets Subchapter C&#8221; with Prof. Daniel Simmons.</p>
<p>McMahon presented Oct. 15 at the 46th Annual Southern Federal Tax Institute in Atlanta, Ga., on the &#8220;Recent Developments in Federal Income Taxation&#8221; with Prof. Ira Shepard.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Faculty scholarship and activities</title>
		<link>http://www.law.ufl.edu/flalaw/2012/04/faculty-scholarship-and-activities-19/</link>
		<comments>http://www.law.ufl.edu/flalaw/2012/04/faculty-scholarship-and-activities-19/#comments</comments>
		<pubDate>Mon, 02 Apr 2012 15:48:02 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Bob Dekle]]></category>
		<category><![CDATA[Jon Mills]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[Katheryn Russell-Brown]]></category>
		<category><![CDATA[Kenneth Nunn]]></category>
		<category><![CDATA[Leonard L. Riskin]]></category>
		<category><![CDATA[Lyrissa Lidsky]]></category>
		<category><![CDATA[Michael Seigel]]></category>
		<category><![CDATA[Michelle Jacobs]]></category>
		<category><![CDATA[Scholarship and Activities]]></category>
		<category><![CDATA[Volume XVIII Issue 12]]></category>

		<guid isPermaLink="false">http://www.law.ufl.edu/wpflalaw/?p=4400</guid>
		<description><![CDATA[Bob Dekle Legal Skills Professor &#8220;&#8216;Stand Your Ground&#8217; Under Microscope&#8221; (March 21, 2012, WCJB TV-20), Dekle, along with several UF Law students, contributed to this segment from TV-20 News. Dekle [...]]]></description>
				<content:encoded><![CDATA[<p><strong>Bob Dekle</strong><br />
<em>Legal Skills Professor</em></p>
<p><a href="http://www.wcjb.com/local-news/2012/03/stand-your-ground-under-microscope">&#8220;&#8216;Stand Your Ground&#8217; Under Microscope&#8221; (March 21, 2012, WCJB TV-20),</a></p>
<p>Dekle, along with several UF Law students, contributed to this segment from TV-20 News. Dekle said Florida&#8217;s &#8220;Stand Your Ground&#8221; law would be better described as the &#8220;get away with murder law,&#8221; and that it adds unnecessary layers of litigation and hoops to jump through in order to prosecute somebody.</p>
<p><a href="http://www.tampabay.com/news/legal-experts-weigh-in-on-soundness-of-lindsey-defense-strategy/1221182">&#8220;Legal experts weigh in on soundness of Lindsey defense strategy&#8221; (March 22, 2012, Tampa Bay Times)</a></p>
<p>The lawyer representing a teenager who shot a St. Petersburg police officer is saying the teenager, Nicholas Lindsey, did in fact kill the office – he just didn&#8217;t mean to do it. The defense is focusing on the issue of intent to possibly reduce the teenager&#8217;s sentence from life to several decades. Dekle weighed in on the strategy.</p>
<p>From the article:<br />
&#8220;It ain&#8217;t the only possible strategy,&#8221; said University of Florida law professor Bob Dekle. &#8220;But it sounds like the only viable strategy.&#8221;</p>
<p><a href="http://www.naplesnews.com/news/2012/mar/25/collier-county-deputy-grow-house-search-appeal-dca/">&#8220;Appeal court ruling in Collier case frees man accused of operating a grow house&#8221; (March 25, 2012, Naples Daily News)</a></p>
<p>Dekle reinforced an appeals court decision, which ruled that although a man who was accused of operating a grow house allowed police into his backyard to speak with him, he didn&#8217;t consent for them to further search his yard, which eventually led to the discovery of a grow house.</p>
<p>From the article:<br />
George R. Dekle Jr., professor at the University of Florida Levin College of Law, agreed search and seizure issues are &#8220;heavily driven&#8221; by the facts of each case.</p>
<p>&#8220;The officers had consent to come onto the property to speak with the defendant,&#8221; Dekle said. &#8220;When they left his presence and started roaming around the property, they obviously weren&#8217;t talking to the defendant and had no right to be where they were when they smelled the marijuana.&#8221;</p>
<p><strong>Michelle Jacobs</strong><br />
<em>Professor of Law</em></p>
<p><a href="http://www.alligator.org/news/campus/article_fa94ad9c-73d9-11e1-a8bb-0019bb2963f4.html">&#8220;Students react to the death of Trayvon Martin&#8221; (March 22, 2012, The Alligator)</a></p>
<p>Jacobs weighed in on the Trayvon Martin shooting in this article that also addresses some student reactions to the 17-year-old&#8217;s death.</p>
<p>From the article:<br />
UF law professor Michelle Jacobs said she&#8217;s not surprised Zimmerman hasn&#8217;t been charged.</p>
<p>&#8220;When a black person gets killed in questionable circumstances by a white person, no one should be surprised that law enforcement was slow to launch an investigation,&#8221; she said.</p>
<p><a href="http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/03/inside-the-trayvon-martin-tragedy/">&#8220;Inside the Trayvon Martin Tragedy&#8221; (March 28, 2012, Legal Talk Network)</a></p>
<p>Jacobs, along with University of Missouri-Kansas City Criminal Justice Department Chair Kenneth Novak, participated in an in-depth discussion on this podcast about issues surrounding the Trayvon Martin shooting, including Florida&#8217;s &#8220;Stand Your Ground&#8221; law, neighborhood watches and racial profiling.</p>
<p><strong>Lyrissa Lidsky</strong><br />
<em>Stephen C. O&#8217;Connell Chair &amp; Professor of Law</em></p>
<p><a href="http://www.alligator.org/news/local/article_77f22632-7891-11e1-8ea2-001871e3ce6c.html">&#8220;Facebook advises users not to give out passwords to prying employers&#8221; (March 28, 2012, The Alligator)</a></p>
<p>Lidsky addressed the legality of potential employers asking job candidates for the their Facebook login information, following a warning from Facebook about the growing trend.</p>
<p>From the article:<br />
It is legal to ask for Facebook login information, said Lyrissa Lidsky, professor at Levin College of Law.</p>
<p>She said giving the information isn&#8217;t the best idea, though.</p>
<p>&#8220;The consent is economic coercion, in a sense,&#8221; Lidsky said.</p>
<p>It is tough to say no to an interviewer, she said, especially in a tough economy.</p>
<p>&#8220;A lot of things we consent to we consent to because of social pressures,&#8221; she said.</p>
<p><strong>Joseph Little</strong><br />
<em>Professor Emeritus</em></p>
<p><a href="http://www.naplesnews.com/news/2012/mar/25/collier-commission-aides-overtime-hillier-coletta/">&#8220;Collier commission aides amassed two months worth of overtime in 2011&#8243; (March 25, 2012, Naples Daily News)</a></p>
<p>This article looks into Collier County employees who have worked over 40 hours a week and are opting to take comp time rather than the mandated time-and-a-half overtime pay.</p>
<p>From the article:<br />
Joseph Little, a law professor at the University of Florida in Gainesville, said the state follows the federal Fair Labor Standards Act for county employees.</p>
<p>&#8220;Ordinarily, it requires time and one-half for overtime,&#8221; he wrote in an email. &#8220;It does permit compensatory time for employees of state public agencies.&#8221;</p>
<p><strong>Jon Mills</strong><br />
<em>Dean Emeritus; Director, Center for Governmental Responsibility</em></p>
<p><a href="http://www.wuft.org/news/2012/03/23/legal-questions-raised-over-new-practice-by-employers-seeking-facebook-access-of-applicants/">&#8220;Legal questions raised over new practice by employers seeking Facebook access of applicants&#8221; (March 23, 2012, WUFT 89.1 FM)</a></p>
<p>WUFT spoke with Mills in this radio interview about it is increasingly more common for employers to ask for potential employees&#8217; Facebook login information so they can see the applicant&#8217;s personal Facebook account. Mills said it is important for individuals to be aware of how much personal information they put online, and said although it is legal in the U.S. it is not allowed in some other countries.</p>
<p><strong>Kenneth Nunn</strong> <em><br />
Professor of Law</em></p>
<p><a href="http://www.nytimes.com/roomfordebate/2012/03/21/do-stand-your-ground-laws-encourage-vigilantes/racism-is-the-problem-not-the-stand-your-ground-laws">&#8220;Racism Is the Problem Here&#8221; (March 21, 2012, The New York Times)</a></p>
<p>Nunn contributed an editorial piece as part of New York Times&#8217; &#8220;Room for Debate&#8221; column, which was comprised of arguments from experts in various disciplines exploring different angles of the Trayvon Martin shooting case.</p>
<p>From the article: Stand Your Ground statutes may be problematic for a number of reasons. But if we really want to save lives and prevent future miscarriages of justice, we will have to confront the reality of race.</p>
<p><strong>Leonard Riskin</strong><br />
<em>Chesterfield Smith Professor of Law</em></p>
<p>Riskin gave a presentation for students, faculty and alumni of at UCLA School of Law entitled &#8220;The &#8216;Negotiation&#8217; Within: Connecting and Managing Inner and Outer Conflict&#8221; in March.</p>
<p>Last semester, he conducted a workshop on &#8220;Mindfulness and Conflict for the Chicago Center for Conflict Resolution.&#8221;</p>
<p><strong>Katheryn Russell-Brown</strong><br />
<em>Chesterfield Smith Professor of Law; Director, Center for the Study of Race and Race Relations</em></p>
<p><a href="http://articles.orlandosentinel.com/2012-03-24/news/os-trayvon-martin-racial-view-20120325_1_blacks-jennifer-kesse-outrage">&#8220;Outrage unites people of all colors, but divide still exists&#8221; (March 24, 2012, Orlando Sentinel)</a></p>
<p>In this article that examines some of the racial issues tied into the Trayvon Martin case, Russell-Brown discussed how people relate to crime victims through race.</p>
<p>From the article:<br />
Katheryn Russell-Brown, director of the University of Florida&#8217;s Center for the Study of Race and Race Relations, said it&#8217;s natural for people to view crime through the lens of their own race and identify with victims who look most like them.</p>
<p>Whites might not understand the depth of the black community&#8217;s outrage over Trayvon Martin&#8217;s death any more than blacks understood the national obsession with Natalee Holloway or the disappearance of Jennifer Kesse, or the time, money and attention devoted to the Casey Anthony case.</p>
<p>&#8220;It&#8217;s who you see as a family member, who you could step into their shoes and it could be you,&#8221; Russell-Brown said.</p>
<p><strong>Michael Seigel</strong><br />
<em>University of Florida Research Foundation Professor of Law; Director, Criminal Justice Center</em></p>
<p><a href="http://www.mygtn.tv/story/17214033/uf-professor-breaks-down-stand-your-ground-law">&#8220;UF Professor Breaks Down &#8216;Stand Your Ground&#8217; Law&#8221; (March 21, 2012, GTN News),</a></p>
<p>In this television interview, Seigel explains Florida&#8217;s &#8220;Stand Your Ground&#8221; law and the ideas behind the law when it was established in 2005. Seigel said the logic behind the law was shaky from the beginning and people didn&#8217;t realize how powerful the law could be.</p>
<p><a href="http://www.google.com/hostednews/ap/article/ALeqM5jGvt4B1k3oYa22McRcMZW59i8b0w?docId=c220cf9300364978aaf2b5e9ed3ca1b4">&#8220;&#8216;Stand Your Ground Law&#8217; at center of Fla. Shooting&#8221; (March 22, 2012, Associated Press)</a></p>
<p>Seigel commented on the Trayvon Martin shooting, saying that the Sanford police should have done more thorough investigation into the events before deciding not to bring charges to shooter George Zimmerman.</p>
<p>From the article:<br />
&#8220;The law has definitely shifted and given a signal to law enforcement to be more careful,&#8221; he said. &#8220;But in a case where the self-defense claim is weak, you would think they would do their job.&#8221;</p>
<p><a href="http://www.theledger.com/article/20120325/NEWS/120329487/1134?p=all&amp;tc=pgall">&#8220;Federal Prosecutors Won&#8217;t Retry Polk Bribery Case&#8221; (March 25, 2012, The Ledger)</a></p>
<p>A bribery case will not be pursued again by federal prosecutors after the case fell apart because of a wording error in the grand jury&#8217;s indictment. The indictment references &#8220;Polk County&#8221; but should have referenced the &#8220;Polk County School Board,&#8221; as employing a man accused of accepting bribes from a construction company.</p>
<p>From the article:<br />
Seigel described the indictment&#8217;s wording as &#8220;a serious oversight&#8221; and a &#8220;major catastrophe&#8221; for federal prosecutors.</p>
<p>&#8220;There is no way to really sugarcoat it,&#8221; Seigel said. &#8220;It&#8217;s a major error on behalf of the prosecution. They did not do their homework.&#8221;</p>
<p>The indictment&#8217;s poor wording wasn&#8217;t a small error and touches on an important constitutional right, he said.</p>
<p>The Fifth Amendment includes the right that defendants know clearly and specifically what allegations they are facing, he said.</p>
]]></content:encoded>
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		<item>
		<title>Faculty scholarship and activities</title>
		<link>http://www.law.ufl.edu/flalaw/2012/03/faculty-scholarship-and-activities-18/</link>
		<comments>http://www.law.ufl.edu/flalaw/2012/03/faculty-scholarship-and-activities-18/#comments</comments>
		<pubDate>Mon, 26 Mar 2012 15:22:19 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News Briefs]]></category>
		<category><![CDATA[Berta Hernández-Truyol]]></category>
		<category><![CDATA[Bob Dekle]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[Kenneth Nunn]]></category>
		<category><![CDATA[Lyrissa Lidsky]]></category>
		<category><![CDATA[Michael Allan Wolf]]></category>
		<category><![CDATA[Michael Seigel]]></category>
		<category><![CDATA[Scholarship and Activities]]></category>
		<category><![CDATA[Volume XVIII Issue 11]]></category>

		<guid isPermaLink="false">http://www.law.ufl.edu/wpflalaw/?p=4380</guid>
		<description><![CDATA[Bob Dekle Legal Skills Professor &#8220;Experts: Hazing case could be tough&#8221; (March 17, 2012, St. Augustine Record) This article looks at challenges prosecutors are facing in the hazing death of Florida [...]]]></description>
				<content:encoded><![CDATA[<p><strong>Bob Dekle</strong><br />
<em>Legal Skills Professor</em></p>
<p><a href="http://staugustine.com/denise-marie-balona/2012-03-17/experts-hazing-case-could-be-tough">&#8220;Experts: Hazing case could be tough&#8221; (March 17, 2012, <em>St. Augustine Record</em>)</a></p>
<p>This article looks at challenges prosecutors are facing in the hazing death of Florida A&amp;M student Robert Champion last November. Dekle discussed how some witnesses might be uncooperative and difficult to work with in a case like this.<span id="more-4380"></span></p>
<p>From the article:<br />
There could be potentially dozens of versions of what happened on the bus. Some witnesses will likely be reluctant to cooperate because they don&#8217;t want to be implicated or because they feel sympathy for, or an alliance with, the individuals who are considered most culpable, said professor Bob Dekle, who teaches legal skills at the University of Florida&#8217;s law school in Gainesville.</p>
<p>&#8220;Reluctant witnesses can sometimes be difficult to handle and difficult to get to court and difficult to answer questions on the witness stand,&#8221; said Dekle, a retired assistant state attorney. &#8220;Just because a crime has occurred, that doesn&#8217;t mean you can prove it — and being able to prove it depends in large measure on witnesses.&#8221;</p>
<p><strong>Berta Hernandez-Truyol</strong> <em><br />
Levin Mabie &amp; Levin Professor of Law</em></p>
<p><a href="http://www.alligator.org/news/local/article_94cfdefa-7244-11e1-a331-0019bb2963f4.html">&#8220;Gainesville city officials take stand against Arizona illegal immigration law&#8221; (March 20, 2012,<em> The Alligator</em>)</a></p>
<p>This article reports hat Gainesville has joined a legal brief to oppose an Arizona immigration law that gives police officers the right to stop or arrest anyone who they suspect might be an illegal immigrant.</p>
<p>From the article:<br />
The federal government, not individual states, has the right to pass immigration laws, said Berta Hernandez-Truyol, a UF law professor and expert in human rights law. However, states can pass laws that deal indirectly with immigration.</p>
<p>Briefs like this one are filed by parties that are not involved in the case but would like to express their support for one side, she said.</p>
<p>&#8220;This clearly signals that Gainesville believes we should treat people fairly and not single out a certain population,&#8221; Hernandez-Truyol said.</p>
<p><strong>Lyrissa Lidsky</strong><br />
<em>Stephen C. O&#8217;Connell Chair &amp; Professor of Law</em></p>
<p><a href="http://www.wuft.org/news/2012/03/20/professor-discusses-potential-impact-of-media-coverage-before-trayvon-martin-trial/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=professor-discusses-potential-impact-of-media-coverage-before-trayvon-martin-trial">&#8220;Professor discusses potential impact of media coverage before Trayvon Martin trial&#8221; (March 20, 2012, <em>WUFT</em>, 89.1)</a></p>
<p>This radio segment points out that as news unfolds in the Trayvon Martin case, many news outlets have been issuing corrections to stories that included incorrect information. Lidsky discusses how prior knowledge of a case may or may not impact a jury&#8217;s decision in a case, and said the call for further investigation is warranted.</p>
<p>From the interview:<br />
&#8220;There definitely are procedures in place to try to make sure that errors in pretrial publicity don&#8217;t prejudice the outcome of criminal trials.&#8221;</p>
<p><strong>Joseph Little</strong><br />
<em>Professor Emeritus</em></p>
<p><a href="http://www.wuft.org/news/2012/03/16/tuition-rate-setting-debate-goes-to-higher-court/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=tuition-rate-setting-debate-goes-to-higher-court">&#8220;Tuition rate setting debate goes to higher court&#8221; (March 16, 2012, <em>WUFT</em>, 89.1)</a></p>
<p>This radio segment looks at questions and background surrounding the ongoing debate about who should set tuition rates at state universities, a case which the Florida Supreme Court recently decided to hear. Little explained that the basis of the debate is whether the Board of Governors or Legislature should set tuition rates. After the Board was granted control, an appellate court then ruled that the Legislature should have that power. Little said this next decision should settle it once and for all.</p>
<p><strong>Kenneth Nunn</strong> <em><br />
Professor of Law</em></p>
<p><a href="http://articles.orlandosentinel.com/2012-03-20/news/os-trayvon-martin-doj-investigation-20120320_1_shooting-sanford-church-sanford-officials">&#8220;Trayvon Martin: Sanford officials, Rep. Corrine Brown, meet with Justice officials in Washington&#8221; (March 20, 2012, <em>Orlando Sentinel</em>),</a></p>
<p>In this article, which recounts the latest news in the Trayvon Martin case, Nunn addressed the likelihood of the Justice Department charging shooter George Zimmerman with any civil rights violations.</p>
<p>From the article:<br />
Kenneth Nunn, a civil rights expert on the faculty at the University of Florida Levin College of Law, said Tuesday that the Department of Justice seldom charges people with civil rights violations and that those charges are unlikely in this case, unless investigators come up with compelling new evidence.</p>
<p>They will look for signs that Zimmerman intentionally set out to deprive Trayvon of his right to life, Nunn said.</p>
<p>&#8220;You have to show that it&#8217;s willful,&#8221; said Nunn. &#8220;You can&#8217;t show that it was negligence or stupidity. You have to show it was intentional.</p>
<p>Also appeared in: <a href="http://www.wsbt.com/news/os-trayvon-martin-doj-investigation-20120320,0,4710790,full.story">http://www.wsbt.com/news/os-trayvon-martin-doj-investigation-20120320,0,4710790,full.story</a></p>
<p><strong>Michael Seigel</strong><br />
<em>University of Florida Research Foundation Professor of Law; Director, Criminal Justice Center</em></p>
<p>On March 2, Seigel gave a lecture entitled &#8220;Criminal Evidence Update, State and Federal Courts&#8221; at the Topics in Evidence Seminar sponsored by The Florida Bar Continuing Legal Education Committee, Code &amp; Rules of Evidence Committee, Criminal Law Section, and Trial Lawyers Section. The lecture took place in Tampa.</p>
<p><a href="http://www.scpr.org/programs/airtalk/2012/03/20/25683/trayvon-martin">&#8220;Stand your ground&#8221; laws and the Trayvon Martin case&#8221; (March 20, 2012, 89.3 <em>KPCC</em>, NPR affiliate in Los Angeles)</a></p>
<p>Seigel was a guest panelist on this radio program that looked at the Trayvon Martin case and Florida&#8217;s &#8220;Stand Your Ground&#8221; law, which allows a person to use deadly force if he or she feels physically threatened in a public space. Seigel offered some background on the law and how it replaced the previous &#8220;Duty to Retreat&#8221; law.</p>
<p>From the interview:<br />
&#8220;If the judge believes you were defending yourself lawfully, he or she can dismiss the case and not even allow it to go to a jury.&#8221;</p>
<p><strong>Michael Allan Wolf</strong><br />
<em>Richard E. Nelson Chair in Local Government Law</em></p>
<p>On March 14, Wolf made a presentation on &#8220;How to Make Sea-Level-Rise Adaptation Strategies Takings-Proof&#8221; at the Environmental Law Distinguished Lecture 25th Anniversary Symposium at the FSU College of Law.</p>
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		<title>Faculty scholarship and activities</title>
		<link>http://www.law.ufl.edu/flalaw/2012/03/faculty-scholarship-and-activities-16/</link>
		<comments>http://www.law.ufl.edu/flalaw/2012/03/faculty-scholarship-and-activities-16/#comments</comments>
		<pubDate>Mon, 12 Mar 2012 14:25:21 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News Briefs]]></category>
		<category><![CDATA[Daniel Sokol]]></category>
		<category><![CDATA[Jeff Wade]]></category>
		<category><![CDATA[Jeffrey Davis]]></category>
		<category><![CDATA[Jon Mills]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[Leonard L. Riskin]]></category>
		<category><![CDATA[Lyrissa Lidsky]]></category>
		<category><![CDATA[Michael Allan Wolf]]></category>
		<category><![CDATA[Scholarship and Activities]]></category>
		<category><![CDATA[Tom C.W. Lin]]></category>
		<category><![CDATA[Volume XVIII Issue 9]]></category>

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		<description><![CDATA[Jeffrey Davis Professor of Law; Gerald A. Sohn Research Scholar &#8220;Golden Hills seeking bankruptcy protection&#8221; (Feb. 28, 2012, Ocala Star-Banner) With the Golden Hills Golf and Turf Club filing for bankruptcy [...]]]></description>
				<content:encoded><![CDATA[<p><strong>Jeffrey Davis</strong><br />
<em>Professor of Law; Gerald A. Sohn Research Scholar</em></p>
<p><a href="http://www.ocala.com/article/20120228/ARTICLES/120229717?tc=ar">&#8220;Golden Hills seeking bankruptcy protection&#8221; (Feb. 28, 2012, <em>Ocala Star-Banner</em>)</a></p>
<p>With the Golden Hills Golf and Turf Club filing for bankruptcy in February, this article looks at the causes and implications of the filing. Davis offered insight into what it means for a business to file for Chapter 11 bankruptcy.</p>
<p>From the article:<br />
Chapter 11 bankruptcy isn&#8217;t the end for Golden Hills. They can still conduct business, but still owe some of their creditors money.</p>
<p>&#8220;Chapter 11 is known as business reorganization,&#8221; said Jeffrey Davis, a law professor at the University of Florida Levin College of Law. &#8220;The goal is to arrive at a plan that over time pays the secured creditors and the unsecured creditors under the terms.&#8221;</p>
<p><strong>Lyrissa Lidsky</strong><br />
<em>Stephen C. O&#8217;Connell Chair &amp; Professor of Law</em></p>
<p>Lidsky&#8217;s article &#8220;Incendiary Speech and Social Media,&#8221; was just published in <em>Texas Tech Law Review</em>.</p>
<p>Lidsky traveled to Florida Coastal School of Law on March 2 to give a presentation at the Law Review&#8217;s Cyber Law Symposium.</p>
<p><strong>Tom C.W. Lin</strong><br />
<em>Assistant Professor of Law</em></p>
<p>Lin recently published &#8220;The Corporate Governance of Iconic Executives&#8221; in 87 <em>Notre Dame L. Rev.</em> 351 (2011).</p>
<p><strong>Joseph Little</strong><br />
<em>Professor Emeritus</em></p>
<p><a href="http://www.orlandosentinel.com/business/os-kel-firm-sues-better-business-20120222,0,540526.story">&#8220;KEL law firm sues Better Business Bureau over rating system dispute&#8221; (Feb. 21, 2012,<em>Orlando Sentinel</em>)</a></p>
<p>KEL law firm in Orlando is suing the Better Business Bureau after the organization gave the law firm a rating of &#8220;F&#8221; because of client complaints. The law firm is claiming the bureau&#8217;s rating system is biased and flawed. Little stated that as long as the Better Business Bureau can back up its rating system and claims, its conclusions about businesses are protected speech.</p>
<p>From the article:<br />
Still, a BBB agency can&#8217;t just publish information without proper due diligence to verify it, said Joseph W. Little, a professor emeritus at the University of Florida&#8217;s Levin College of Law. The burden would be on KEL to prove reckless negligence by the BBB, he said.</p>
<p>&#8220;The BBB has common law right to express fair comment and honest opinion based on true facts,&#8221; Little said. &#8220;If it does that, then it is protected speech and opinion, even though it is not the opinion the law firm would want them to have.&#8221;</p>
<p><a href="http://www.news-press.com/article/20120302/NEWS0120/303020049/0/NEWS01/House-passes-random-drug-testing-bill?odyssey=nav|head">&#8220;House passes random drug testing bill&#8221; (March 2, 2012, <em>Associated Press</em>)</a></p>
<p>The article addresses questions raised after the Florida House passed a bill that would allow state employees to submit to random drug tests. Little discussed the constitutionality if the bill were to become a law.</p>
<p>From the article:<br />
For the plan to be constitutional, the state&#8217;s interest in testing employees for drugs must outweigh the employees&#8217; right to privacy, said Joseph Little, a professor emeritus of constitutional law at the University of Florida&#8217;s Levin College of Law.</p>
<p>&#8220;There has to be something special about the employment, though, like law enforcement officers or those with a security clearance,&#8221; Little said. &#8220;But if there&#8217;s no special need, you probably can&#8217;t do it.&#8221;</p>
<p><strong>Jon Mills</strong><br />
<em>Dean Emeritus; Director, Center for Governmental Responsibility</em></p>
<p><a href="http://www.miamiherald.com/2012/02/29/2668053/justices-seek-input-on-how-to.html">&#8220;Justices seek input on how to handle new redistricting rules&#8221; (Feb. 29, 2012, <em>The Miami Herald</em>)</a></p>
<p>The Florida Supreme Court questioned lawyers representing Democrats and Republicans about how to interpret Florida&#8217;s new redistricting rules last month. Mills was on-hand to represent the Democrats and was quoted in the article.</p>
<p>From the article:<br />
&#8220;You are the ultimate authority,&#8221; said Jon Mills, a University of Florida law professor and former House speaker arguing for the Florida Democratic Party. The Legislature&#8217;s interpretation &#8220;may be interesting but your interpretation is binding.&#8221;</p>
<p><strong>Leonard Riskin</strong><br />
<em>Chesterfield Smith Professor of Law</em></p>
<p>During the fall semester of 2011, Riskin was a visiting professor at Northwestern University School of Law. While there, he received a Dean&#8217;s Teaching Award for 2011-2012 (awarded by the dean, based on student evaluations).</p>
<p>In October, he gave two plenary presentations on &#8220;Managing and Connecting Inner and Outer Conflict: Integration of IFS and Conflict Resolution Theory and Practice,&#8221; at the international Conference of the Center for Self-Leadership in Boston and the Pre-Conference Workshop.</p>
<p>He also moderated a panel presentation on The Chicago Mortgage Foreclosure Mediation Program, sponsored by the Northwestern Law Hispanic Student&#8217;s Association and the John Marshall Law School Mediation Program.</p>
<p><strong>Daniel Sokol</strong><br />
<em>Associate Professor of Law</em></p>
<p>Sokol presented his early work &#8220;A Transaction Cost Economics Explanation of Law and Entrepreneurship Vertical Contracting&#8221; at IU Bloomington Mauer School of Law.</p>
<p><strong>Jeff Wade</strong><br />
<em>Director of Environmental Division, Center for Governmental Responsibility</em></p>
<p>On Feb. 17-18, Wade participated in a conference as part of the run-up to the UN Rio+20 Conference on Sustainable Development, scheduled for June of this year. The conference, titled &#8220;Contribution of International Environmental Law to Sustainable Development: Global and National Perspectives,&#8221; was held at the University of Delhi Faculty of Law in New Delhi, India. Wade presented a paper, &#8220;Coastal Development in an Unstable Climate: Precaution, Adaptation and Resilience,&#8221; and moderated a panel on marine pollution and coastal regulation.</p>
<p><strong>Michael Allan Wolf</strong><br />
<em>Richard E. Nelson Chair in Local Government Law</em></p>
<p>Wolf made a presentation on judicial takings with Bill Treanor (Georgetown) at the Third Annual Meeting of the Association for Law, Property and Society, at Georgetown University Law Center in Washington, D.C., on March 2.</p>
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		<title>Faculty scholarship and activities</title>
		<link>http://www.law.ufl.edu/flalaw/2010/10/faculty-scholarship-and-activities-3/</link>
		<comments>http://www.law.ufl.edu/flalaw/2010/10/faculty-scholarship-and-activities-3/#comments</comments>
		<pubDate>Mon, 11 Oct 2010 15:33:10 +0000</pubDate>
		<dc:creator>wsmitty@ufl.edu</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Alyson Flournoy]]></category>
		<category><![CDATA[Fletcher Baldwin]]></category>
		<category><![CDATA[Gabriela Ruiz]]></category>
		<category><![CDATA[Jon Mills]]></category>
		<category><![CDATA[Joseph Little]]></category>
		<category><![CDATA[Lyrissa Lidsky]]></category>
		<category><![CDATA[Mary Jane Angelo]]></category>
		<category><![CDATA[Michael Seigel]]></category>
		<category><![CDATA[Michael Siebecker]]></category>
		<category><![CDATA[Nancy Dowd]]></category>
		<category><![CDATA[Scholarship and Activities]]></category>
		<category><![CDATA[Shani King]]></category>
		<category><![CDATA[Volume XV Issue 7]]></category>
		<category><![CDATA[Winston Nagan]]></category>

		<guid isPermaLink="false">http://www.law.ufl.edu/wpflalaw/?p=3292</guid>
		<description><![CDATA[Mary Jane Angelo ProfessorMary Jane Angelo presented &#8220;Environmental Practice Before Administrative Law Judges: A Federal/State Comparison&#8221; at the ABA Environment, Energy and Resources Meeting in New Orleans, LA.&#160; Alyson Flournoy [...]]]></description>
				<content:encoded><![CDATA[<div id="content"><strong>Mary Jane Angelo</strong><br />
<em>Professor</em>Mary Jane Angelo presented &#8220;Environmental Practice Before Administrative Law Judges: A Federal/State Comparison&#8221; at the ABA Environment, Energy and Resources Meeting in New Orleans, LA.&nbsp;</p>
<p><strong>Alyson Flournoy</strong><br />
<em>Professor of Law</em>,<br />
<em>Director, Environmental &amp; Land Use Law Program</em><br />
Flournoy coordinated and served as editor for a report that was released recently on regulatory failures in the Deepwater Horizon oil spill and how to avoid future catastrophes. The report – &#8220;Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible and How the System Can Be Fixed to Avoid a Recurrence&#8221; – was written under the auspices of the Center for Progressive Reform and can be found <a href="http://www.progressivereform.org/articles/BP_Reg_Blowout_1007.pdf">here</a>.</p>
<p><a href="http://inhabitat.com/2010/09/30/study-shows-bp-oil-spill-could-have-been-prevented-by-regulation/">&#8220;Study shows BP oil spill could have been prevented by regulation&#8221; (Sept. 30, 2010, Inhabitat.com)</a></p>
<p>The oil spill regulations report coordinated and edited by Flournoy was used as the basis for this article, which presents some of the report&#8217;s findings.</p>
<p>From the article:<br />
&#8220;&#8216;BP is responsible for this disaster, without question,&#8217; said study co-author Alyson Flournoy, CPR Member Scholar and law professor at the University of Florida. &#8216;But the Minerals Management Service&#8217;s permissive approach to its regulatory responsibilities together with inadequate legislative mandates for safety and environmental protection, and Congress&#8217;s inadequate funding of MMS created an environment that allowed BP to take shortcuts with safety, with disastrous results.&#8217;&#8221;</p>
<p><a href="http://www.examiner.com/environmental-news-in-new-orleans/greater-oversight-from-feds-needed-to-avoid-another-bp-oil-spill"> &#8220;Greater oversight from feds needed to avoid another BP oil spill&#8221; (October 4, 2010, The Examiner)</a></p>
<p>Flournoy was interviewed about the CPR study that was released last week about the ideas presented in the study.</p>
<p>An excerpt from the interview:<br />
&#8220;So, to another point cited in the report, why in the world is the big business of oil so cozy with those who regulate the industry? And while CPR is calling for changes now, why didn&#8217;t they occur sooner?&#8221;<br />
&#8220;Flournoy laughed heartily. It seemed so obvious, and yet she said &#8216;the sad fact is when you read the current statute that governs drilling for oil and gas &#8212; our public natural resources &#8212; there is very, very little attention to health, safety or environmental protection &#8230;And over time that helped to create an environment with a weak agency with little or inadequate funding and lack of a mandate to protect the public, and the environment became a captive of industry and dependent on industry. So now, it is abundantly and sadly, tragically obvious that we need this kind of independence.&#8217;&#8221;</p>
<p><strong>Fletcher N. Baldwin, Jr.</strong><br />
<em>Emeritus Professor</em><br />
Baldwin is currently on a three-week lecture series on the subject of international financial crimes and money laundering at Beijing University and the University of Shanghai.</p>
<p><strong>Nancy Dowd</strong> <em><br />
David H. Levin Chair in Family Law and Director, Center on Children &amp; Families<br />
</em>Dowd just received reprints for her recently published article, &#8220;The &#8220;F&#8221; Factor: Fineman as Method and Substance&#8221; for a colloquim celebrating the 25th anniversary of the Feminism and Legal Theory Project, 59 Emory Law Journal 1191 (2010).</p>
<p><strong>Shani King</strong> <em><br />
Associate Professor</em><br />
King presented &#8220;The Ethics of Representing Children&#8221; with adjunct professor Gabriela Ruiz to the Children&#8217;s Legal Services Grantees Conference, a statewide conference of children&#8217;s legal services advocates. The intent was to explore some of the complex ethical issues that arise in the legal representation of children.</p>
<p><strong>Lyrissa Lidsky</strong><br />
<em>Stephen C. O&#8217;Connell Chair</em><br />
<a href="http://www.news-journalonline.com/news/local/west-volusia/2010/10/04/deltona-gigolo-says-his-online-ads-are-legal.html">&#8220;Deltona &#8216;gigolo&#8217; says his online ads are legal&#8221; (Oct. 4, 2010, Daytona Beach News-Journal)</a></p>
<p>Lidsky commented on an article about online ads on websites like Craigslist.org and Backpage.org where escort services are advertised. Although <a href="http://www.craigslist.org/">Craigslist.org</a> has banned the ads, <a href="http://www.backpage.com/">Backpage.com</a> has not; and they are not screening the ads.</p>
<p>From the article:<br />
&#8220;Lyrissa Lidsky, a professor of law at the University of Florida, said commercial speech proposing a transaction gets less protection than other types of speech.&#8221;<br />
&#8220;&#8216;(An ad) has to be lawful. It has to propose a lawful transaction,&#8217; she said. &#8216;It seems to me if these are transparently ads for illegal activities, then the First Amendment protection is not there.&#8217;&#8221;<br />
&#8220;The question of what liability media outlets incur when publishing ads suggestive of illegal behavior remains open, Lidsky said, pointing to two pre-Internet cases involving the magazine Soldier of Fortune. In the 1980s, the magazine published classified ads for mercenaries that led to two cases that resulted in murders.&#8221;</p>
<p><strong> Joseph Little</strong> <em><br />
Emeritus Professor</em><a href="http://www.news-journalonline.com/news/local/east-volusia/2010/10/03/law-shields-volusia-from-beach-driving-suits.html">Law shields Volusia from beach-driving suits&#8221; (Oct. 3, 2010, The Daytona Beach News-Journal)</a></p>
<p>Little comments in this article that examines cases where pedestrians have been hit or killed by cars driving on the beach in Volusia County, and why there have been few cases of the county facing lawsuits because of it. One main reason is the doctrine of sovereign immunity, which in Florida, extends to planning-level decisions, but not operational-level actions.</p>
<p>From the article:<br />
&#8220;&#8216;Whether or not to put up a traffic light at a particular intersection is a planning-level decision,&#8217; explained Joseph Little, emeritus professor at the University of Florida&#8217;s Levin College of Law. &#8216;Once you put it up and, say, the light burns out, and the city fails to replace the light &#8230; and a crash occurs, that would be operational.&#8217;&#8221;<br />
&#8220;Ironically, Little pointed out, those signs [the county has recently put on the beach] could actually make the county liable.&#8221;<br />
&#8220;&#8216;If you put up a sign that people begin to rely upon, and someone knocks it down, and the county doesn&#8217;t put it back up again in a reasonable amount of time &#8230; there could be certain risks,&#8217; he said.&#8221;</p>
<p><strong> Jon Mills</strong> <em><br />
Dean Emeritus Director, Center for Governmental Responsibility </em><a href="http://www.orlandosentinel.com/news/local/orange/os-internet-voyeurism-20101001,0,832595.story">Rutgers University case highlights how advancing technology can easily be misused&#8221; (Oct. 4, 2010, Orlando Sentinel)</a></p>
<p>Mills commented on privacy in the digital age in an article that looks at technology and the law in relation to the case of the Rutgers University student who committed suicide.</p>
<p>From the article:<br />
&#8220;&#8216;The core problem is the technology has gotten so far ahead of our culture that we don&#8217;t realize collectively the impact,&#8217; said Jon Mills, a law professor at the University of Florida, and nationally known expert on privacy. &#8216;It&#8217;s so easy to intrude &#8230; that intrusions are going to happen. We have to both realize that and we have to learn to punish too.&#8217;&#8221;<br />
&#8220;Mills and prosecutors weren&#8217;t aware of any proposals to toughen the law in Florida.&#8221;</p>
<p><strong> Winston Nagan</strong> <em><br />
Samuel T. Dell Research Scholar Professor of Law Founding Director, Institute for Human Rights and Peace Development</em><a href="http://www.gainesville.com/article/20101006/NEWS/101009662">Marco Rubio&#8217;s Tea Party: A blank check&#8221; (Oct. 6, 2010, The Gainesville Sun)</a></p>
<p>Nagan contributed an op-ed article where he criticized Republican senatorial candidate Marco Rubio&#8217;s seeming lack of fresh ideas or willingness to express his position on issues. Nagan also criticized the Tea Party movement, citing racist motivations and misguided ideas about governance.</p>
<p>From the article:<br />
&#8220;In the hope of finding something fresh in Rubio&#8217;s ideas, alas, I listened as he recited some old hackneyed phrases from the GOP headquarters in Washington. He was incredibly disappointing. So I wonder what it is that has energized the Tea Party community in their ardent support of him. I take three of the points he has made and try to show that candidate Rubio has almost no sense of what&#8217;s going on.&#8221;</p>
<p><strong>Gabriela Ruiz</strong><br />
<em>Adjunct Professor</em><br />
Ruiz presented &#8220;The Ethics of Representing Children&#8221; with Professor Shani King to the Children&#8217;s Legal Services Grantees Conference, a statewide conference of children&#8217;s legal services advocates. The intent was to explore some of the complex ethical issues that arise in the legal representation of children.</p>
<p><strong> Michael Seigel</strong> <em><br />
Professor</em><a href="http://www.securitymanagement.com/news/lawmakers-seek-close-corruption-loophole-007692?page=0%2C0">&#8220;Lawmakers seek to close corruption loophole&#8221; (Oct. 1, 2010, Security Management)</a></p>
<p>Seigel&#8217;s testimony during the Senate Judiciary Committee&#8217;s hearing regarding the Supreme Court&#8217;s decision in <em>Skilling v. United States</em> was referenced in an article examining the case. The hearing was to discuss legislation regarding honest services mail and wire fraud.</p>
<p>From the article:<br />
&#8220;Michael L. Seigel, University of Florida Research Foundation Professor of Law, agreed with Breuer, but also noted that Congress should make the new law specific in establishing what conduct would be illegal. Such precise language is necessary, said Seigel, to prevent erroneous interpretation.&#8221;</p>
<p><strong>Michael Siebecker</strong><br />
<em>Associate Professor </em><br />
Recently presented &#8220;Corporate Social Responsibility and a New Discourse Theory of the Firm&#8221; at the EABIS 9th Annual Colloquium on Corporate Responsibility and Emerging Markets at St. Petersburg State University Graduate School of Management (Russia).</p>
<p>He also presented &#8220;Corporate Social Responsibility and the Law: An Alternative Career Path for Lawyers&#8221; for the Corporate and Securities Litigation Group and Association of Law &amp; Business at the Levin College of Law.</p>
</div>
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