Amy T. Petrick (JD 00), senior assistant county attorney for Palm Beach County, and Michael O’Shea, professor of law at Oklahoma City University School of Law, discuss firearms regulation at the 12th Annual Richard E. Nelson Symposium on Feb. 8. (Photo by Haley Stracher)

By Richard Goldstein

Its 19^th century provenance is “sordid;” it is employed today in the service “political bullying;” and the best that a lawyer can hope for is to embrace “ambiguity,” while navigating this legal realm.

Such was the abuse heaped on the seemingly mild-mannered legal doctrine of preemption during UF Law’s Feb. 8 Nelson Symposium at the UF Hilton Conference Center.

“Preemption Puzzles: Firearms, Fracking, Foreigners, Fuels and Farming” explored some of the hottest legal and political issues as they sift through.

Preemption is the doctrine for establishing which level of law takes precedence – local, state or federal – when they come into conflict.

UF Law Professor Michael Allan Wolf, host of the Nelson Symposium and the Richard E. Nelson Chair in Local Government Law, noted that the history of preemption tends to involve early 20^th century railroads when sorting out when the federal government’s authority overrides that of states. A railroad gets out of safety standards for cabooses because the caboose was a mail car and the Supreme Court ruled in 1919 that the federal rules overrode the state’s (Pennsylvania Rail Road Co. v. Public Service Commission). In a 1917 case, a man had to pay back his railroad worker’s compensation award because the federal government didn’t cover cases in which negligence played no part even though the state allowed for such compensation (New York Central Rail Road Company v. Winfield).

But the granddaddy of all preemption cases, and the reason Wolf calls the history a sordid one, was the 1842 Prigg v. Pennsylvania in which the Supreme Court ruled that the state could not prosecute a man who captured and returned a black woman to the heirs of her original slave owner. She had been living as a free woman in Pennsylvania and was returned to slavery in Maryland after her owner died. The state convicted the man who transported her against her will to Maryland. But the court ruled that Congress had preempted the authority of the state to prosecute people under its fugitive slave law. The Congress had legislated slaves as property under federal law and in accordance with the U.S. Constitution.

Much of the conference focused on the collision between local law and state laws. Amy T. Petrick (JD 00), senior assistant county attorney for Palm Beach County, explained the difficulties that local officials in Palm Beach County have encountered as the Legislature has attempted to enforce preemption of local firearm regulations by threatening local officials with fines and removal from office. Petrick is lead counsel in a case pending in Leon County, Marcus v. Scott, which challenges the Legislature’s ability to punish local officials for passing laws regulating firearms. Commissioners can be fined $5,000 and removed from office by the governor

Petrick called the law “political bullying with no proper purpose.”

The 2011 state law came in part as a response to the county’s attempt to ban high-capacity magazines. Petrick said the commission put that idea on the shelf after Gov. Rick Scott signed the legislation into law in 2011. But in response, Palm Beach County sued the Florida governor, the Florida Legislature as well as Attorney General Pam Bondi, saying that the effect of the law was to “chill” commissioners’ lawmaking. Petrick said the threatened penalties has led her to advise commissioners to steer clear of even some zoning questions because of uncertainty about what precisely remains under local authority.

More conflicts between local and state government were brought out by Professor John R. Nolon, of Pace University School of Law in White Plains, N.Y. He described attempts by state governments in Pennsylvania and Ohio to preempt local government zoning when it pertained to fracking, the method of extracting gas using high pressure streams of water. Courts in both states have sided with local governments’ rights to dictate the location of industrial operations within their jurisdictions.

Nolon argued that state and local governments should cooperate in the decision-making on the use of the technology so that fracking can proceed and its benefits to society in the form of energy generation are realized even as local interests are taken into account.

Uncertainty, or “ambiguity,” as Wolf put it, was a theme of the conference. Wolf advised law students and lawyers to get used to it.

Surveying recent cases, Wolf noted that preemption cases can fall on either side of the political divide or even divide the same side. For example, the Republican-dominated Chamber of Commerce called for federal law to preempt Arizona immigration law, while the state’s elected Republican administration fought against preemption.

“Maybe we can actually have a level playing field because ideology … doesn’t point us in the direction of preemption or non-preemption.” The solution, said Wolf, is to embrace ambiguity.

Speakers at the symposium included Professor Michael O’Shea, Oklahoma City University School of Law; Associate Professor Rick Su, SUNY Buffalo Law School; Assistant Professor Hannah Wiseman, Florida State University College of Law; environmental and land use law attorney Robert N. Hartsell, Fort Lauderdale; Dave Mica, executive director, Florida Petroleum Council; as well as Samantha Culp (3L) and Eric Fisher (3L).

The symposium is named in honor of Richard E. Nelson, who served with distinction as Sarasota County attorney for 30 years, and his wife, Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which is responsible for the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

“Jordan Davis killed for loud music: mirror image of the Martin case?” (Nov. 30, 2012, Christian Science Monitor)

An unarmed black teenager was killed outside of a convenience store in Jacksonville when he was shot by a man following an argument in which the man said the teenager’s music was too loud. At the time, the shooter claimed Florida’s “Stand Your Ground” law as his defense, drawing comparisons to the Trayvon Martin shooting earlier in the year. The man has since been charged with first degree murder to which he pled not guilty.

From the article:
Two weeks ago, a state task force deemed that the stand your ground law is, on the whole, sound and needs no major legislative reform. Florida has seen a growing number of “stand your ground” claims, even in prosecutions with minor injuries, says University of Florida law professor Bob Dekle. Stand your ground claims are successful about 70 percent of the time, according to a recent St. Petersburg Times analysis.

Omri Y. Marian
Assistant Professor of Law

In early December, Marian returned from Beijing where he actively participated in the seventh Sino-U.S. International Tax Forum. As part of the forum he participated in round-table discussions on trends in international taxation at Peking University Law School, Tsinghua University Law School, Renmin University Law School and at the Central University of Finance and Economics, all in Beijing. He also presented his paper, “Jurisdiction to Tax Corporations,” at the China Youth University of Political Science who hosted the forum.

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“UF launches human rights collaboration in Colombia” (Nov. 28, 2012, Law.com)

UF Law, along with the Center for Latin American Studies and the College of Education, will receive nearly $757,200 from the U.S. Agency for International Development through Higher Education for Development to create the Colombian Caribbean Human Rights Center. Over the next three years, UF will work with two universities in Colombia to enhance the human rights programs at their law schools. Mills quotes from the press release were used in the article.

From the article:
“Respect for the rights of individuals, especially vulnerable populations, is vital to the development of the democracy and economy of a nation,” said Jon Mills, who heads the law school’s Center for Governmental Responsibility and will help direct the new project. “We are honored to have this opportunity to work with two distinguished Colombian universities on such an important priority for the U.S. government.”

“Gainesville funeral service Saturday for former Chief Justice Ben Overton” (Jan. 2, 2013, Gainesville Sun)

This article remembers UF Law graduate, adjunct professor and former Florida Supreme Court Justice Ben Overton, who passed away on Dec. 29.

From the article:
“He is the profile of what you would expect a judge to be. He was smart, fair. He wrote some terrifically important opinions in education, privacy and a broad number of constitutional areas,” said UF Levin College of Law dean emeritus Jon Mills. “He was an independent thinker. When he was on the bench, he could look pretty fearful.”

Mills, also a former speaker of the Florida House of Representatives, said he had several cases before Overton when Overton was on the court but got to know him better once he started teaching at UF.

Overton cared deeply about teaching and would take his students to oral arguments at the Supreme Court, Mills said, adding the justices often would have lunch with Overton and the students.

Michael Allan Wolf
Professor of Law; Richard E. Nelson Chair in Local Government Law

The Public Trust awards “Halos” and “Horns” each month in its e-newsletter and Wolf was awarded December’s “Halo” for his book, The Supreme Court and the Environment  –The Reluctant Protector.  Wolf has joined a list that includes Bob Graham, Nathaniel Reed, and Robert Kennedy, Jr. Click here for a link to this month’s e-newsletter.

“Experts: Hazing case could be tough” (March 17, 2012, St. Augustine Record)

This article looks at challenges prosecutors are facing in the hazing death of Florida A&M student Robert Champion last November. Dekle discussed how some witnesses might be uncooperative and difficult to work with in a case like this.

From the article:
There could be potentially dozens of versions of what happened on the bus. Some witnesses will likely be reluctant to cooperate because they don’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’s law school in Gainesville.

“Reluctant witnesses can sometimes be difficult to handle and difficult to get to court and difficult to answer questions on the witness stand,” said Dekle, a retired assistant state attorney. “Just because a crime has occurred, that doesn’t mean you can prove it — and being able to prove it depends in large measure on witnesses.”

Berta Hernandez-Truyol 
Levin Mabie & Levin Professor of Law

“Gainesville city officials take stand against Arizona illegal immigration law” (March 20, 2012, The Alligator)

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.

From the article:
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.

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.

“This clearly signals that Gainesville believes we should treat people fairly and not single out a certain population,” Hernandez-Truyol said.

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

“Professor discusses potential impact of media coverage before Trayvon Martin trial” (March 20, 2012, WUFT, 89.1)

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’s decision in a case, and said the call for further investigation is warranted.

From the interview:
“There definitely are procedures in place to try to make sure that errors in pretrial publicity don’t prejudice the outcome of criminal trials.”

Joseph Little
Professor Emeritus

“Tuition rate setting debate goes to higher court” (March 16, 2012, WUFT, 89.1)

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.

Kenneth Nunn 
Professor of Law

“Trayvon Martin: Sanford officials, Rep. Corrine Brown, meet with Justice officials in Washington” (March 20, 2012, Orlando Sentinel),

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.

From the article:
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.

They will look for signs that Zimmerman intentionally set out to deprive Trayvon of his right to life, Nunn said.

“You have to show that it’s willful,” said Nunn. “You can’t show that it was negligence or stupidity. You have to show it was intentional.

Also appeared in: http://www.wsbt.com/news/os-trayvon-martin-doj-investigation-20120320,0,4710790,full.story

Michael Seigel
University of Florida Research Foundation Professor of Law; Director, Criminal Justice Center

On March 2, Seigel gave a lecture entitled “Criminal Evidence Update, State and Federal Courts” at the Topics in Evidence Seminar sponsored by The Florida Bar Continuing Legal Education Committee, Code & Rules of Evidence Committee, Criminal Law Section, and Trial Lawyers Section. The lecture took place in Tampa.

“Stand your ground” laws and the Trayvon Martin case” (March 20, 2012, 89.3 KPCC, NPR affiliate in Los Angeles)

Seigel was a guest panelist on this radio program that looked at the Trayvon Martin case and Florida’s “Stand Your Ground” 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 “Duty to Retreat” law.

From the interview:
“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.”

Michael Allan Wolf
Richard E. Nelson Chair in Local Government Law

On March 14, Wolf made a presentation on “How to Make Sea-Level-Rise Adaptation Strategies Takings-Proof” at the Environmental Law Distinguished Lecture 25th Anniversary Symposium at the FSU College of Law.

“Golden Hills seeking bankruptcy protection” (Feb. 28, 2012, Ocala Star-Banner)

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.

From the article:
Chapter 11 bankruptcy isn’t the end for Golden Hills. They can still conduct business, but still owe some of their creditors money.

“Chapter 11 is known as business reorganization,” said Jeffrey Davis, a law professor at the University of Florida Levin College of Law. “The goal is to arrive at a plan that over time pays the secured creditors and the unsecured creditors under the terms.”

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

Lidsky’s article “Incendiary Speech and Social Media,” was just published in Texas Tech Law Review.

Lidsky traveled to Florida Coastal School of Law on March 2 to give a presentation at the Law Review’s Cyber Law Symposium.

Tom C.W. Lin
Assistant Professor of Law

Lin recently published “The Corporate Governance of Iconic Executives” in 87 Notre Dame L. Rev. 351 (2011).

Joseph Little
Professor Emeritus

“KEL law firm sues Better Business Bureau over rating system dispute” (Feb. 21, 2012,Orlando Sentinel)

KEL law firm in Orlando is suing the Better Business Bureau after the organization gave the law firm a rating of “F” because of client complaints. The law firm is claiming the bureau’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.

From the article:
Still, a BBB agency can’t just publish information without proper due diligence to verify it, said Joseph W. Little, a professor emeritus at the University of Florida’s Levin College of Law. The burden would be on KEL to prove reckless negligence by the BBB, he said.

“The BBB has common law right to express fair comment and honest opinion based on true facts,” Little said. “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.”

“House passes random drug testing bill” (March 2, 2012, Associated Press)

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.

From the article:
For the plan to be constitutional, the state’s interest in testing employees for drugs must outweigh the employees’ right to privacy, said Joseph Little, a professor emeritus of constitutional law at the University of Florida’s Levin College of Law.

“There has to be something special about the employment, though, like law enforcement officers or those with a security clearance,” Little said. “But if there’s no special need, you probably can’t do it.”

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Justices seek input on how to handle new redistricting rules” (Feb. 29, 2012, The Miami Herald)

The Florida Supreme Court questioned lawyers representing Democrats and Republicans about how to interpret Florida’s new redistricting rules last month. Mills was on-hand to represent the Democrats and was quoted in the article.

From the article:
“You are the ultimate authority,” said Jon Mills, a University of Florida law professor and former House speaker arguing for the Florida Democratic Party. The Legislature’s interpretation “may be interesting but your interpretation is binding.”

Leonard Riskin
Chesterfield Smith Professor of Law

During the fall semester of 2011, Riskin was a visiting professor at Northwestern University School of Law. While there, he received a Dean’s Teaching Award for 2011-2012 (awarded by the dean, based on student evaluations).

In October, he gave two plenary presentations on “Managing and Connecting Inner and Outer Conflict: Integration of IFS and Conflict Resolution Theory and Practice,” at the international Conference of the Center for Self-Leadership in Boston and the Pre-Conference Workshop.

He also moderated a panel presentation on The Chicago Mortgage Foreclosure Mediation Program, sponsored by the Northwestern Law Hispanic Student’s Association and the John Marshall Law School Mediation Program.

Daniel Sokol
Associate Professor of Law

Sokol presented his early work “A Transaction Cost Economics Explanation of Law and Entrepreneurship Vertical Contracting” at IU Bloomington Mauer School of Law.

Jeff Wade
Director of Environmental Division, Center for Governmental Responsibility

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 “Contribution of International Environmental Law to Sustainable Development: Global and National Perspectives,” was held at the University of Delhi Faculty of Law in New Delhi, India. Wade presented a paper, “Coastal Development in an Unstable Climate: Precaution, Adaptation and Resilience,” and moderated a panel on marine pollution and coastal regulation.

Michael Allan Wolf
Richard E. Nelson Chair in Local Government Law

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.

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

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

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

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

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

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

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

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

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

“It’s a buyer’s market for young legal talent” (Feb. 2, 2012, Florida Trend)

Bishop addressed the legal job market and current hiring process in the current economy.

From the article:
“They want the security of having a job at graduation, but the market is making them wait,” Bishop says. More often, only the top-ranked graduates are offered law jobs within the first six months of receiving their degree, and Bishop says more are looking at using their law degrees in alternate careers.

Paul R. Gugliuzza
Visiting Assistant Professor

Gugliuzza presented his paper “Rethinking Federal Circuit Jurisdiction” at the Junior Faculty Federal Courts Workshop in Miami.

Diane Mazur 
Professor of Law

The Fordham International Law Journal published an article reviewing Mazur’s book A More Perfect Military: How the Constitution Can Make Our Military Stronger. An excerpt is available here.

Daniel Sokol
Associate Professor of Law

Sokol presented his working paper on cartels and corporate monitors at a conference sponsored and hosted by NYU School of Law.

Michael Allan Wolf
Richard E. Nelson Chair in Local Government Law

Wolf recently published “A Yellow Light for ‘Green Zoning’: Some Words of Caution About Incorporating Green Building Standards into Local Land Use Law” 43 URBAN LAWYER 949 (2011).

J. Peter Byrne, professor of law and director of the Environmental Law and Policy Institute at Georgetown University Law Center, and William Rodgers, Stimson Bullitt Professor of Law at University of Washington School of Law, delivered a lecture entitled “Global Warming and its Newest Challenges: Mitigation and Acidification.”

Professor Byrne discussed possible ways humans can adapt to sea-level rise while also attempting to mitigate climate change’s effects. He predicted that we will have to re-evaluate our existing legislation to deal with climate change issues.

“The road of legal adaptation to the sea-level rise will be long and tortuous,” Professor Byrne said. “Creativity and experimentation,” he said, would provide the proper balance between private property rights with the predicted sea-level rise.

Professor Rodgers added that the “integration of science with the law is a big part of environmental law.” Successful environmental lawyers “can’t be intimidated by the science.”

Other presenters included Sarah Chasis, Natural Resources Defense Council; Cynthia Drew, University of Miami; Florida Solicitor General Scott Makar; Buzz Thompson, Stanford Law School; and Michael Allan Wolf, University of Florida Levin College of Law. The symposium also included presentations from UF Law students Tony Bajoczky and Celia Thacker.

The presentations focused on sea-level rise mitigation, oil spill litigation, the drilling moratoria, the U.S. Supreme Court’s 2010 decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ocean acidification and judicial takings.

“Regardless of whether you are a lawyer, all Floridians will likely be involved with environmental or land use issues at some point, and this symposium gives people a great opportunity to hear and learn about relevant issues both in our state and nationally,” Bajoczky (3L) said.

Bajoczky’s presentation focused on policy issues surrounding the oil spill in the Gulf of Mexico and the difficult task of striking a balance between protecting natural resources and the demand for oil and gas.

The Florida Bar Environmental and Land Use Law Section and the Florida Bar City, County, and Local Government Section co-sponsored the event.

Attila Andrade Jr.

Visiting ProfessorAndrade has conceived a new formula according to which moral damages and abstract pain can be calculated in law suit cases. His formula is explained in volume II of his book “Comments on Brazil’s New Civil Code” published by Companhia Editora Forense in 2003. His purpose is to avoid judge’s uncertainties and ambiguities in issuing money judgments for these kinds of law suits.

Bob Dekle

Legal Skills Professor“Robbery suspects face life” (Sept. 29, 2010, The News-Press)

Two men connected with the robbery of a McDonald’s restaurant in Fort Myers could face life in prison. The ordeal resulted in the death of one police dog and one robbery suspect. The charges will not be in connection with the dog’s death, however, because the dog’s shooter was already shot and killed by the police.

From the article:
“University of Florida law professor Bob Dekle said even though prosecutors haven’t charged Amaya and Fermin with Rosco’s death, it wasn’t a foreseeable crime and one that was furthered of the armed robbery.”

“‘It is an area of the law where reasonable people can disagree about what is foreseeable,’ Dekle said.”

Teresa Drake

Director, Intimate Partner Violence Assistance Clinic (IPVAC)
Drake lectured at the Advanced Institute for the Prosecution of Domestic Violence, sponsored and produced by the Office of Violence Against Women, Aequitas and The Battered Women’s Justice Project in August in Washington, D.C. Her topic was interviewing victims of domestic violence.

Drake spoke at The Battered Women’s Justice Project conference “Addressing the Impact of Domestic Violence on Children” in Providence, R.I., last month. Her topic was interviewing and preparing children to testify.

Joseph Jackson

Legal Skills ProfessorTV interview (Sept. 24, 2010, WCJB TV-20), link not available at this time

Jackson commented on the recent 3rd District Court of Appeal ruling, which overturned Florida’s ban on gay adoptions. Jackson was the primary author of an amicus brief submitted to the court regarding the case.

Martin J. McMahon Jr.

Stephen C. O’Connell Professor of LawMcMahon presented “Recent Developments in Federal Income Taxation” with University of Houston Law Center Professor Ira Shepard at the 45th annual Southern Federal Tax Institute last month in Atlanta.

McMahon presented “Litigating The Application Of Anti-Tax Avoidance Statutes: Learning From The Canada Experience” with the Honorable Patrick Boyle, Richard Sapinski, Nathalie Goyette, and Henry Schneiderman at the Court Procedure and Practice Committee Program, American Bar Association, Tax Section, Fall Meeting, in Toronto last month.

McMahon also presented “How Canada’s Experience with the General Anti-Abuse Rule Might Inform US How to Live with the Codified Economic Substance Doctrine” with the Honorable Donald Bowman, former Chief Judge of the Tax Court of Canada at the Joint Meeting of Partnerships & LLCs and Real Estate Committees, American Bar Association, Tax Section, Fall Meeting in Toronto last month.

Diane Mazur

Professor
“Gay activists look to the courts to end ‘don’t ask, don’t tell’” (Sept. 22, 2010, The Washington Post)

While the debate over the military’s “don’t ask, don’t tell” policy continued to unfold in Federal courts, Mazur discussed arguments in favor of repealing the law.

From the article:
“Gay rights groups said the government has no obligation to appeal. Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that is devoted to repealing ‘don’t ask, don’t tell,’ cited a 2003 Supreme Court decision that struck down a Texas sodomy law because it restricted a person’s right to sexual privacy.”

“‘Judge Phillips recognized that “don’t ask, don’t tell” can no longer be justified under current constitutional doctrine, and President Obama is not required to argue otherwise,’ Mazur said. ‘He need not defend laws that are based on old, discredited constitutional assumptions.’”

“Witt decision offers preview of post-’don’t’ ask, don’t tell’ world” (Sept. 27, 2010, San Diego Gay and Lesbian News)

Mazur commented on the recent U.S. District Court ruling in Washington in favor of Air Force Major Margaret Witt regarding the military’s “don’t ask, don’t tell” policy.

From the article:
“Diane Mazur, Palm Center legal co-director and University of Florida law professor, also responded to Judge Leighton’s written opinion in Witt.”

“‘Witt and Log Cabin were the first challenges requiring the government to produce evidence that “don’t ask, don’t tell” improved military readiness, and in both cases the government was unable to do so,’ Mazur said. ‘The government pointed to an earlier case upholding the policy, Cook v. Gates, but there the court barred the plaintiffs from introducing evidence that “don’t ask, don’t tell” harms the military and excused the government from producing any evidence at all. Once the policy is put to a test of fact, it fails.’”

Kenneth Nunn

Professor“Panel hears from the wrongly convicted” (Oct. 1, 2010, The Florida Bar News)”

As a member of the new Innocence Commission in Florida – which examines the causes behind wrongful convictions to avoid future wrongful convictions – Nunn weighed in on a debate over the wording of the commission’s mission statement. The phrase in question was: “exoneration cases in Florida based on DNA testing.” The sentence was eventually removed altogether.

From the article:
“University of Florida College of Law Professor Kenneth Nunn added: ‘We are not saying these are individuals who are angels of the Lord, shall we say. But we are saying they are entitled to rely on the presumption of innocence that all American citizens are entitled to,’ because they have not been proven guilty. Exoneration, Nunn said, ‘is the correct legal term for the status of affairs we are talking about.’”

“Professor Nunn offered a friendly amendment to replace ‘exoneration’ with ‘cases in Florida where convictions have been reversed based on DNA testing.’”

Elizabeth Rowe

Associate ProfessorRowe’s article “Contributory Negligence, Technology, and Trade Secrets,” originally published in the George Mason Law Review in 2009, has been republished in the Defense Law Journal.

“UF takes on high schools to protect logo” (Sept. 21, 2010, The Gainesville Sun)

In an effort to protect its logo and identity, the University of Florida and the licensing company that represents the school is cracking down on several schools around the country who are using similar logos as the Gators.

From the article:
“Under trademark law, universities essentially have a legal obligation to police the use of their marks, said Elizabeth Rowe, associate professor of law and director of the program in intellectual property law at UF. Failing to do so could mean giving up the right to stop unauthorized uses, she said.”

“The issue is becoming more significant as college football becomes increasingly lucrative, she said. But she said the issue is somewhat different when dealing with high schools that might send students to the universities.”

“‘With sports you have the argument, “We’re using the mark to support you,”‘ she said.”

Michael Seigel

ProfessorUpon invitation by Chair of the Senate Judiciary Committee Sen. Patrick Leahy, Seigel testified as an expert witness last week in Washington, D.C. regarding honest services mail and wire fraud in light of the Supreme Court’s recent decision in Skilling v. United States.

Seigel presented a lecture titled, “Ethical Lessons Learned from the Duke Lacrosse (Non)Rape Case,” to the faculty of the Saint Louis University School of Law on Sept. 16.

Michael Allan Wolf

Richard E. Nelson Chair in Local Government Law“Florida voters enter battle on growth” (Sept. 27, 2010, The New York Times)

Wolf commented on the debate in Florida surrounding Amendment 4 on the November ballot, which would allow citizens to vote on state-mandated plans regarding land development and growth in counties and municipalities.

From the article:
“‘Most planning advocates would love to have the structure we have in Florida, but most Floridians know that the structure doesn’t work,’ said Michael Allan Wolf, a University of Florida law professor. ‘Amendment 4 suggests that, on the ground, this system is really broken.’”

Land Use Planning and the Environment, designed primarily for the classroom, takes a comprehensive approach to the instruction of planning and zoning law, regulatory takings, and environmental topics. The casebook is authored by Charles M. Haar, Louis D. Brandeis Professor of Law, emeritus, Harvard University and visiting member, Institute for Advanced Study, Princeton University, and Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law, University of Florida Levin College of Law and general editor of Powell on Real Property, the leading treatise on real property.

“The casebook does an impressive job of exploring the evolving, broad, and nuanced landscape of land use law,” said Tony Arnold, Boehl Chair in Property and Land Use, University of Louisville Louis D. Brandeis School of Law. Arnold also served as a visiting professor at UF College of Law last fall. “It will be quite useful in educating the thoughtful and versatile land use lawyer of today and the future because of its rich and balanced approach. It will also be quite accessible to planning students and other non-law students taking a course in land use law.”

• “Florida schools rated eighth” (Jan. 14, 2010, St. Pete Times)
  Mills explains that while Florida schools have moved up in the rankings, it doesn’t mean there is not room to improve. Getting better, though, doesn’t mean good enough, said Jon Mills, a University of Florida law school dean who helped file a lawsuit in November that charges Florida with violating the state constitution by not providing high-quality schools. “We may be one of the most improved in the country,” said Mills, a former Democratic speaker of the House. “But if we move from No. 50 to No. 40, that still isn’t high quality.”
• Mills moderated “Social Media: Promises, Pitfalls & Perils” on Jan. 22 as part of the Strategic Communications Seminar Series.