“‘Stand Your Ground’ Under Microscope” (March 21, 2012, WCJB TV-20),

Dekle, along with several UF Law students, contributed to this segment from TV-20 News. Dekle said Florida’s “Stand Your Ground” law would be better described as the “get away with murder law,” and that it adds unnecessary layers of litigation and hoops to jump through in order to prosecute somebody.

“Legal experts weigh in on soundness of Lindsey defense strategy” (March 22, 2012, Tampa Bay Times)

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’t mean to do it. The defense is focusing on the issue of intent to possibly reduce the teenager’s sentence from life to several decades. Dekle weighed in on the strategy.

From the article:
“It ain’t the only possible strategy,” said University of Florida law professor Bob Dekle. “But it sounds like the only viable strategy.”

“Appeal court ruling in Collier case frees man accused of operating a grow house” (March 25, 2012, Naples Daily News)

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’t consent for them to further search his yard, which eventually led to the discovery of a grow house.

From the article:
George R. Dekle Jr., professor at the University of Florida Levin College of Law, agreed search and seizure issues are “heavily driven” by the facts of each case.

“The officers had consent to come onto the property to speak with the defendant,” Dekle said. “When they left his presence and started roaming around the property, they obviously weren’t talking to the defendant and had no right to be where they were when they smelled the marijuana.”

Michelle Jacobs
Professor of Law

“Students react to the death of Trayvon Martin” (March 22, 2012, The Alligator)

Jacobs weighed in on the Trayvon Martin shooting in this article that also addresses some student reactions to the 17-year-old’s death.

From the article:
UF law professor Michelle Jacobs said she’s not surprised Zimmerman hasn’t been charged.

“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,” she said.

“Inside the Trayvon Martin Tragedy” (March 28, 2012, Legal Talk Network)

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’s “Stand Your Ground” law, neighborhood watches and racial profiling.

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

“Facebook advises users not to give out passwords to prying employers” (March 28, 2012, The Alligator)

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.

From the article:
It is legal to ask for Facebook login information, said Lyrissa Lidsky, professor at Levin College of Law.

She said giving the information isn’t the best idea, though.

“The consent is economic coercion, in a sense,” Lidsky said.

It is tough to say no to an interviewer, she said, especially in a tough economy.

“A lot of things we consent to we consent to because of social pressures,” she said.

Joseph Little
Professor Emeritus

“Collier commission aides amassed two months worth of overtime in 2011″ (March 25, 2012, Naples Daily News)

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.

From the article:
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.

“Ordinarily, it requires time and one-half for overtime,” he wrote in an email. “It does permit compensatory time for employees of state public agencies.”

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Legal questions raised over new practice by employers seeking Facebook access of applicants” (March 23, 2012, WUFT 89.1 FM)

WUFT spoke with Mills in this radio interview about it is increasingly more common for employers to ask for potential employees’ Facebook login information so they can see the applicant’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.

Kenneth Nunn 
Professor of Law

“Racism Is the Problem Here” (March 21, 2012, The New York Times)

Nunn contributed an editorial piece as part of New York Times’ “Room for Debate” column, which was comprised of arguments from experts in various disciplines exploring different angles of the Trayvon Martin shooting case.

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.

Leonard Riskin
Chesterfield Smith Professor of Law

Riskin gave a presentation for students, faculty and alumni of at UCLA School of Law entitled “The ‘Negotiation’ Within: Connecting and Managing Inner and Outer Conflict” in March.

Last semester, he conducted a workshop on “Mindfulness and Conflict for the Chicago Center for Conflict Resolution.”

Katheryn Russell-Brown
Chesterfield Smith Professor of Law; Director, Center for the Study of Race and Race Relations

“Outrage unites people of all colors, but divide still exists” (March 24, 2012, Orlando Sentinel)

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.

From the article:
Katheryn Russell-Brown, director of the University of Florida’s Center for the Study of Race and Race Relations, said it’s natural for people to view crime through the lens of their own race and identify with victims who look most like them.

Whites might not understand the depth of the black community’s outrage over Trayvon Martin’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.

“It’s who you see as a family member, who you could step into their shoes and it could be you,” Russell-Brown said.

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

“UF Professor Breaks Down ‘Stand Your Ground’ Law” (March 21, 2012, GTN News),

In this television interview, Seigel explains Florida’s “Stand Your Ground” 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’t realize how powerful the law could be.

“‘Stand Your Ground Law’ at center of Fla. Shooting” (March 22, 2012, Associated Press)

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.

From the article:
“The law has definitely shifted and given a signal to law enforcement to be more careful,” he said. “But in a case where the self-defense claim is weak, you would think they would do their job.”

“Federal Prosecutors Won’t Retry Polk Bribery Case” (March 25, 2012, The Ledger)

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’s indictment. The indictment references “Polk County” but should have referenced the “Polk County School Board,” as employing a man accused of accepting bribes from a construction company.

From the article:
Seigel described the indictment’s wording as “a serious oversight” and a “major catastrophe” for federal prosecutors.

“There is no way to really sugarcoat it,” Seigel said. “It’s a major error on behalf of the prosecution. They did not do their homework.”

The indictment’s poor wording wasn’t a small error and touches on an important constitutional right, he said.

The Fifth Amendment includes the right that defendants know clearly and specifically what allegations they are facing, he said.

“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.

Professor Stuart R. Cohn, left, is stepping down as associate dean of international studies and passing the torch to Professor Michael L. Seigel.

Professor Stuart R. Cohn is a major developer of the international study programs offered at the University of Florida Levin College of Law. However, in August, Cohn is stepping down from his position as associate dean of international studies and passing the torch to Professor Michael L. Seigel.

Cohn, John H. & Mary Lou Dasburg Professor of Law, has been responsible for the supervision and development of the many international law programs found at UF Law, expanding international legal connections for UF Law with over 30 countries.

Dean Robert Jerry explained Cohn’s contribution via e-mail.

“We now have 11 semester-exchange opportunities for our students on four continents, three summer-abroad programs (and a pilot forthcoming in China), the foreign-enrichment-class program, which brings nine to twelve foreign scholars for residential teaching annually, five faculty exchange programs (Germany, Poland, Brazil, South Africa, China), the Warsaw program, the LL.M. in Comparative Law, and a steady stream of visiting foreign teachers and research scholars,” Jerry said.

While Cohn leaves the responsibilities of associate dean and continues his full teaching load, there are perks to the position he will miss.

“I will miss the personal interactions with students who go abroad,” said Cohn about the satisfaction he gets from students reaping the benefits of study-abroad programs.

After 11 years of leadership, Cohn’s work through UF Law’s International Studies program has also earned him praise from around the world.

“His scholarship, his loyalty and warm personality have made him well known in Brazil and throughout the world,” said Professor Attila Andrade Jr., a visiting law professor with the Foreign Enrichment Program.

Meanwhile, Seigel expressed his excitement about taking over in August as associate dean.

“I am honored that Dean Jerry has asked me to take on the role,” said Seigel. He is currently shadowing Cohn to prepare for the demands of the position.

Seigel plans to continue expanding the International Studies Program with the world’s economic climate in mind, including a possible expansion into Latin America and other countries that have close economic ties to the United States.

“I do not have any question that he will do a great job,” said Cohn about Seigel’s impending succession to associate dean.

Associate Professor D. Daniel Sokol stands in the Marcia Whitney Schott Courtyard with Zhu Li, a judge in the Intellectual Property Division of the Supreme People's Court of China. Li visited the college of law during the summer to study antitrust law with Sokol. (Photo by Nicole Safker)

In law, as in life, China’s influence is on the rise. With its torrid rate of growth and a mega-population of 1.3 billion, China is on pace to eclipse the United States as the world’s largest economy within the decade.

UF Law has taken notice, branching out from programs in Europe, Latin America and Africa, the college of law will sponsor its first study-abroad program in China this summer. UF Law professors are making teaching sojourns to its shores and turning their intellectual firepower toward explaining China’s legal and economic practices. At the same time, a Chinese judge, professors, and Ph.D. students are making their presence felt in Gainesville.

“We have ongoing relationships in China. It’s part of the broadening scope of what international means at the law school,” explained Associate Professor D. Daniel Sokol, whose antitrust research is increasingly focused on Chinese business and regulatory practices.

Sokol notes that China has become one of the three hubs of international business. That means multinational companies must take Chinese government merger and antitrust law into account just as they must account for U.S. and European Union decisions.

The study-abroad program in China will be hosted by Beijing’s Renmin University of China School of Law, which is among China’s top three law schools. UF Law Assistant Professor Wentong Zheng, a native of China who holds bachelor’s and a master’s degrees from Renmin, will teach a one-credit Introduction to Chinese Law and the two-credit Comparative Contract Law at Renmin. For more information see the brochure or contact Michele Ocepek, director of student programs, at ocepek@law.ufl.edu. The application deadline is Feb. 15.

In a tough legal jobs market, Zheng says the growing economic power of China makes experience with the country invaluable. Before entering the legal academia, Zheng practiced international trade law at Steptoe & Johnson in Washington, D.C., and was involved in the firm’s China practice. He said China is a growing area for most U.S.-based international law firms and many American lawyers are going so far as moving to China as a career strategy.

“If you want to have an edge in the legal marketplace that (study-abroad) experience is going to be very important. Also, it’s going to be fun,” Zheng said.

The itinerary features field trips to Chinese courts and law firms, and trips to major historical sites including The Great Wall and The Forbidden City. Depending on student demand, the program will sponsor extracurricular events for UF Law students and students from the host school. The program will also help UF Law students submit their resumes to international or Chinese law firms in Beijing for summer law clerk positions.

University of Florida President Bernie Machen talks of “a university that sees its mission in the global arena.” UF Law’s Chinese connections are extending that mission.

Last summer, Zhu Li, a judge in the Intellectual Property Division of the Supreme People’s Court of China, studied with Sokol under a program sponsored by USAID, a federal agency. Li said a new Chinese law against monopoly practices convinced him that he should come to America to learn from a country that has been enforcing antitrust laws since the 19th century.

Last spring, Sokol co-organized a conference on Competition and the Role of the State at the University of Hong Kong and co-edited a forthcoming book on the same topic. Li said Sokol’s reputation in Asia as a global antitrust expert drew him to campus. While in Gainesville, Li delivered a presentation for faculty from other campus departments and for business leaders from Central Florida on how intellectual property rights are enforced in China.

This summer, Sokol will go to Beijing to train Li’s colleagues on the Supreme People’s Court on antitrust law. Meanwhile, Sokol is working on a survey of how merger decisions are made by the Chinese government.

Under an exchange with the Central University for Finance and Economics in Beijing set up by Stuart Cohn, associate dean for international studies, Jiaxian Zhu was the first Chinese professor to teach at UF Law. She taught a course on carbon trading during the fall semester.

Michael Seigel, University of Florida Research Foundation Professor of Law, will return the favor with a month-long course starting in April. The teaching stint for Seigel, who will take over from Cohn next year as associate dean for international studies, illustrates the growing depth of U.S.-China commercial relations.

Seigel, a former federal prosecutor and expert on white collar crime, will teach Chinese students how to give their Chinese clients advice that keeps them out of trouble, or even jail, while doing business in the U.S.

“White collar crime is the dark side, I would say, of business law,” Seigel said. “It’s teaching where that line is between regulatory compliance and … criminal behavior. The line between regulatory noncompliance and criminal behavior is very, very thin.”

Elizabeth Dale
Affiliated Associate Professor of Law
Dale presented a paper to the American Bar Foundation/Illinois Legal History Seminar Oct. 18. The paper is “Putting ‘Liberty’ in its Place: Discussions of ziyou, Slavery, and Sovereignty in Turn-of-the-Century China.”

Robert Jerry
Dean, UF Law and Levin Mabie & Levin Professor of Law “UF-sponsored health plan costs $300 more this year” (Oct. 15, 2010, The Independent Florida Alligator)

Because of a change in providers this fall, UF students saw an increase of almost $300 in the cost of their school-sponsored insurance plans, with a very similar plan to what was already in place. The director of the Student Health Care Center said they changed providers to avoid an even bigger increase in rates.

From the article:
Robert Jerry, dean of the Levin College of Law, said he is not surprised that student plans are increasingly expensive. The student population is healthier than most demographics, so student insurance is priced to make more profit than other insurance products, he said.

Jerry believes the new health care legislation passed by Congress may also have an effect on student health care plans. The new law states that full-time students can be covered by their parents’ insurance up until age 26.

There are ways to bring insurance costs down for students, but it’s not in the hands of the university, Jerry said. If the state and federal governments team up to regulate insurance and provide everyone with some degree of health care, costs would go down.

“We ought to have a system where everybody has some kind of access to basic health care,” he said.

Lyrissa Lidsky
Stephen C. O’Connell Chair, Professor of Law
“Wannabe warriors an ‘insult’ to their bravery” (Oct. 17, 2010, Pensacola News Journal)

The Stolen Valor Act of 2005 has been gaining some attention lately with two cases involving the act in federal appeals courts. The act made it a federal offense to wear a military medal or for a person to say he or she earned a military medal if the person did not in fact earn a medal. Opponents of the act say it violates the First Amendment and is unconstitutional, but admit the speech it would protect in this case is reprehensible.

From the article:
Lidsky said it is constitutional to punish people for making false statements in certain contexts — such as fraud, defamation, lying under oath or shouting “Fire!” in a crowded theater — but the Stolen Valor Act is tricky because it doesn’t show clear damages to a victim.

“It’s making it a crime to tell a lie, but it’s making it a crime to tell a relatively harmless lie,” Lidsky The authors of the law contend that the lies erode the true value of military honors, but Lidsky asked, “Is there any evidence that that has had any effect on the morale of the troops?”

Joseph Little
Emeritus Professor
“Elect or appoint judges?” (Oct. 17, 2010, Orlando Sentinel)

Little commented on the benefits of having a system where voters can elect trial judges.

From the article:
Those who favor election, including Professor Joseph W. Little of the Levin College of Law at the University of Florida, say it protects the public by making judges more accountable.

Diane Mazur
Professor of Law
“How Does the Military Prove That Someone is Gay?” (Oct. 13, 2010, Slate)

Mazur is thanked as a source at the end of this article, which looks at the various methods the military has used to determine if a member of the military is gay. The determination and discharge proceedings usually focus on the actions of the person under scrutiny, rather than his or her actual sexual preferences.

“There is no legal reason to appeal DADT ruling” (Oct. 18, 2010, San Marcos Mercury)

The column looks at the recent ruling that found the military’s “don’t ask, don’t tell” policy unconstitutional and presents an argument about why there is no legal obligation to appeal the ruling. The article references a memorandum Mazur wrote on the topic.

From the article:
Diane Mazur, a professor of law at the University of Florida College of Law, has laid out in a legal memorandum the basics about executive discretion to decline to appeal laws held to be unconstitutional. Mazur’s primary areas of research include civil-military relations and military law generally. In her memorandum, she explains that the usual expectation is that the Justice department “will defend federal laws from constitutional challenge.” However, the usual practice is not mandatory: “There are well-recognized, standard exceptions that give the executive branch discretion in deciding whether or not to defend a law in some circumstances, and they would apply in deciding whether to appeal a court ruling finding that (DADT) is unconstitutional.”

Michael Seigel
Professor of Law
“Should authorities need a warrant to put a GPS tracking device on your car?” (Oct. 17, 2010, St. Petersburg Times)

The 9th U.S. Circuit Court of Appeals recently ruled that law enforcement can use Global Positioning System (GPS) technology to track suspected criminals – without obtaining a warrant. The court also indicated that police could also go onto private property in order to install a GPS device. Seigel commented on Florida’s laws pertaining to the use of GPS.

From the article:
To use GPS tracking, they simply must convince a judge that it’s “relevant” to their investigation, said University of Florida law professor Michael L. Seigel.

“It’s a much lower standard,” he said. “It’s not requiring them to show any suspicion about an individual’s guilt.”

There’s also an easy way around state law. Local agencies could just ask the federal government for help. Federal agents don’t need a warrant to use GPS tracking devices in Florida, Seigel said.

Alyson Flournoy
Professor of Law,
Director, Environmental & Land Use Law Program
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 – “Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible and How the System Can Be Fixed to Avoid a Recurrence” – was written under the auspices of the Center for Progressive Reform and can be found here.

“Study shows BP oil spill could have been prevented by regulation” (Sept. 30, 2010, Inhabitat.com)

The oil spill regulations report coordinated and edited by Flournoy was used as the basis for this article, which presents some of the report’s findings.

From the article:
“‘BP is responsible for this disaster, without question,’ said study co-author Alyson Flournoy, CPR Member Scholar and law professor at the University of Florida. ‘But the Minerals Management Service’s permissive approach to its regulatory responsibilities together with inadequate legislative mandates for safety and environmental protection, and Congress’s inadequate funding of MMS created an environment that allowed BP to take shortcuts with safety, with disastrous results.’”

“Greater oversight from feds needed to avoid another BP oil spill” (October 4, 2010, The Examiner)

Flournoy was interviewed about the CPR study that was released last week about the ideas presented in the study.

An excerpt from the interview:
“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’t they occur sooner?”
“Flournoy laughed heartily. It seemed so obvious, and yet she said ‘the sad fact is when you read the current statute that governs drilling for oil and gas — our public natural resources — there is very, very little attention to health, safety or environmental protection …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.’”

Fletcher N. Baldwin, Jr.
Emeritus Professor
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.

Nancy Dowd
David H. Levin Chair in Family Law and Director, Center on Children & Families
Dowd just received reprints for her recently published article, “The “F” Factor: Fineman as Method and Substance” for a colloquim celebrating the 25th anniversary of the Feminism and Legal Theory Project, 59 Emory Law Journal 1191 (2010).

Shani King
Associate Professor
King presented “The Ethics of Representing Children” with adjunct professor Gabriela Ruiz to the Children’s Legal Services Grantees Conference, a statewide conference of children’s legal services advocates. The intent was to explore some of the complex ethical issues that arise in the legal representation of children.

Lyrissa Lidsky
Stephen C. O’Connell Chair
“Deltona ‘gigolo’ says his online ads are legal” (Oct. 4, 2010, Daytona Beach News-Journal)

Lidsky commented on an article about online ads on websites like Craigslist.org and Backpage.org where escort services are advertised. Although Craigslist.org has banned the ads, Backpage.com has not; and they are not screening the ads.

From the article:
“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.”
“‘(An ad) has to be lawful. It has to propose a lawful transaction,’ she said. ‘It seems to me if these are transparently ads for illegal activities, then the First Amendment protection is not there.’”
“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.”

Joseph Little
Emeritus ProfessorLaw shields Volusia from beach-driving suits” (Oct. 3, 2010, The Daytona Beach News-Journal)

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.

From the article:
“‘Whether or not to put up a traffic light at a particular intersection is a planning-level decision,’ explained Joseph Little, emeritus professor at the University of Florida’s Levin College of Law. ‘Once you put it up and, say, the light burns out, and the city fails to replace the light … and a crash occurs, that would be operational.’”
“Ironically, Little pointed out, those signs [the county has recently put on the beach] could actually make the county liable.”
“‘If you put up a sign that people begin to rely upon, and someone knocks it down, and the county doesn’t put it back up again in a reasonable amount of time … there could be certain risks,’ he said.”

Jon Mills
Dean Emeritus Director, Center for Governmental Responsibility Rutgers University case highlights how advancing technology can easily be misused” (Oct. 4, 2010, Orlando Sentinel)

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.

From the article:
“‘The core problem is the technology has gotten so far ahead of our culture that we don’t realize collectively the impact,’ said Jon Mills, a law professor at the University of Florida, and nationally known expert on privacy. ‘It’s so easy to intrude … that intrusions are going to happen. We have to both realize that and we have to learn to punish too.’”
“Mills and prosecutors weren’t aware of any proposals to toughen the law in Florida.”

Winston Nagan
Samuel T. Dell Research Scholar Professor of Law Founding Director, Institute for Human Rights and Peace DevelopmentMarco Rubio’s Tea Party: A blank check” (Oct. 6, 2010, The Gainesville Sun)

Nagan contributed an op-ed article where he criticized Republican senatorial candidate Marco Rubio’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.

From the article:
“In the hope of finding something fresh in Rubio’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’s going on.”

Gabriela Ruiz
Adjunct Professor
Ruiz presented “The Ethics of Representing Children” with Professor Shani King to the Children’s Legal Services Grantees Conference, a statewide conference of children’s legal services advocates. The intent was to explore some of the complex ethical issues that arise in the legal representation of children.

Michael Seigel
Professor“Lawmakers seek to close corruption loophole” (Oct. 1, 2010, Security Management)

Seigel’s testimony during the Senate Judiciary Committee’s hearing regarding the Supreme Court’s decision in Skilling v. United States was referenced in an article examining the case. The hearing was to discuss legislation regarding honest services mail and wire fraud.

From the article:
“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.”

Michael Siebecker
Associate Professor
Recently presented “Corporate Social Responsibility and a New Discourse Theory of the Firm” at the EABIS 9th Annual Colloquium on Corporate Responsibility and Emerging Markets at St. Petersburg State University Graduate School of Management (Russia).

He also presented “Corporate Social Responsibility and the Law: An Alternative Career Path for Lawyers” for the Corporate and Securities Litigation Group and Association of Law & Business at the Levin College of Law.

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.’”

Atilla Andrade

ProfessorAndrade will be speaking to the members of the Home Builders Association of Florida on the new opportunities for Florida builders in his home country of Brazil.

Nancy Dowd

Professor; David H. Levin Chair in Family Law; Director, Center on Children & FamiliesDowd presented “Barriers to Redefining Fatherhood: Masculinities and Nurture,” as part of a panel on “Redefining Parenthood” at the National People of Color Conference at the Seton Hall University School of Law. The talk focused on how dominant social and cultural concepts of masculinities, as well as public policy founded on an economic definition of fatherhood, operate as barriers to redefining fatherhood around men nurturing their children.

Paul Gugliuzza

Legal Skills ProfessorGugliuzza co-authored and published “Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know,” in American University Law Review, with Miguel F. Eaton and Sumon Dantiki.

Berta Esperanza Hernández-Truyol

Levin Mabie & Levin Professor of LawHernández-Truyol presented “On Post-Racial and Post-Other Isms: A Human Rights Approach to Justice” at the National People of Color Conference at the Seton Hall University School of Law.

Shani King

Associate Professor; Co-Director, Center on Children and FamiliesKing presented “The Family Law Canon in a (Post?) Racial Era” at the National People of Color Conference at the Seton Hall University School of Law. He argued that the canon of family law inaccurately describes a race-neutral or post-racial state for family law and that the canon should correct its colorblindness so that legal authorities can address the problems that structural racism creates for African-American families. The article was the first to engage the canon’s relationship to race, or more specifically, to African-Americans in an in-depth and sustained way.

JoAnn Klein

Development Director, Center for Governmental ResponsibilityTim McLendon and JoAnn Klein, both of CGR, have just completed and published a two-year study on “Economic Impacts of Historic Preservation in Florida, Update 2010.” This was a joint CGR project with the Center for Urban Policy Research at Rutgers University in New Jersey and also involved UF Emeritus Professor of Law Jim Nicholas. The study was funded by a grant from the Florida Dept. of State Division of Historical Resources.

Joseph Little

Professor Emeritus“Health reform amendment thrown off Florida ballot” (Sept. 13, 2010, American Medical News)

Little commented on the Florida Supreme Court’s decision not to include a challenge to the national health care reform bill on November’s ballot on the grounds that it was not worded to accurately represent the amendment’s impact.

From the article:
“The Florida Supreme Court has denied several proposed amendments because they were inaccurately worded, said Joseph W. Little, professor of law emeritus at the University of Florida Levin College of Law in Gainesville. Often the authors try to insert confusing wording to make the proposal sound like something more attractive than it is.” “‘My guess is the Legislature was attempting to create votes for this [amendment],’ Little said.”

Pedro Malavet

ProfessorTV interview (Sept. 15, 2010, WCJB TV-20)
Malavet commented about UF Law being ranked no. 5 for Hispanic students by Hispanic Business magazine.

Tim McLendon

Staff Attorney, Center for Governmental ResponsibilityTim McLendon and JoAnn Klein, both of CGR, have just completed and published a two-year study on “Economic Impacts of Historic Preservation in Florida, Update 2010.” This was a joint CGR project with the Center for Urban Policy Research at Rutgers University in New Jersey and also involved UF Emeritus Professor of Law Jim Nicholas. The study was funded by a grant from the Florida Dept. of State Division of Historical Resources.

Don Peters

Professor; Trustee Research FellowDon Peters, along with his co-author Catherine Ross Dunham, professor and associate dean at Elon Law School has published “Civil Procedure: Skills and Values” in the new LexisNexis Skills and Values series.

Sharon Rush

Irving Cypen Professor of LawRush presented a paper at a conference in Athens, Greece in July that was sponsored by the Athens Institute on Education and Research. Her paper focused on what the U.S. and South Africa can learn from each other about fixing a problem we share: the existence and persistence of racially identifiable and unequal schools.

Michael Seigel

UF Research Foundation Professor“Granting of transfer requests ‘rare’” (Sept. 13, 2010, Ocala Star-Banner)

A federal judge recently denied Lee Farkas’ motion to have his case moved from Virginia to Florida. The former chairman of Taylor, Bean & Whitaker Mortgage Corp. was indicted on fraud charges earlier this year.

From the article:
“‘To move a case because it presents an inconvenience to the defendant is…an extremely rare event,’ said Mike L. Seigel, a law professor specializing in criminal law and white collar crime at the University of Florida Levin College of Law. To actually succeed in moving a trial, moreover, a case must be ‘really, really high profile and very emotional, typically,’ Seigel added.”

Danny Sokol

Assistant ProfessorSokol presented his research at the Latin American Competition Forum in San Jose, Costa Rica. The event was organized by the Organisation for Economic Co-operation and Development, Inter-American Development Bank, the Comisión para Promover la Competencia (COPROCOM) and the Ministry of Economy, Industry and Commerce of Costa Rica.

Sokol’s article “Antitrust, Institutions and Merger Control” was published in the George Mason Law Review.

• “Can health care suit make headway?” (March 23, Florida News Network)
  Baldwin told the Florida News Network that the proposed lawsuit by Florida Attorney General Bill McCollum is on shaky ground when it comes to the commerce clause in the U.S. Constitution. “The only issue that the court would look at (would be to) see if the Congress has the constitutional authority to enact this legislation,” he said. “And all they would have to look at is Article I, Section 8.”

Lawyers Crossing Lines is a collection of true stories about lawyers from all segments of the legal profession. The authors, Michael L. Seigel, University of Florida Research Foundation Professor of Law at the University of Florida Levin College of Law and former first assistant U.S. Attorney for the Middle District of Florida, and James L. Kelley, who prior to his death, practiced law for more than 30 years and taught professional responsibility at Georgetown University Law Center, chronicle those who have transgressed ethical boundaries in a big way.

The book’s 10 chapters reveal in rich detail some of America’s most infamous trials and legal personalities. Chapter titles include, “The Ironic Road to Club Fed,” “The Legal Doctor Kevorkian,” “The Case of Casanova and His Clients,” and “Vegas Judge Gone Wild.” Comments and questions designed to explore the issues in greater depth follow each tale.

Here’s what the legal profession has to say about Lawyers Crossing Lines.

“Students learn more from real life than they will ever learn from just reading cases and codes,” said Laurie L. Levenson, David W. Burcham Chair of Ethical Advocacy and professor of law, Loyola Law School. “This book provides an opportunity for students to learn the critical lessons of ethical practice by carefully examining situations where lawyers crossed the line. These are lessons that will stick with them forever.”

“I use Lawyers Crossing the Lines, in a required first-year course on professionalism,” said Patrick E. Longan, William Augustus Bootle Chair in Ethics and Professionalism, Mercer University Walter F. George School of Law. “The stories make it possible for the students to see problems of ethics and professionalism from the perspectives of real lawyers dealing with real situations. They learn more from discussions about the stories than they could possibly learn from just studying abstract principles.”

“The stories contained in this work are compelling, instructive and witty,” said Paul Byron, partner, Overchuck, Byron, Overchuck P.A., Winter Park, Fla. “I had the pleasure of working with Professor Seigel when he was second in command at the U.S. attorney’s office. Mike leads by example, and his message was clear – always take the high road and never short cut ethics. This is a lesson for lawyers, young and not-so-young, to live by.”

To order Lawyers Crossing Lines: Ten Stories, 2nd Edition, visit www.cap-press.com/isbn/9781594606847.