“‘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.

“Blood-alcohol tests under fire in DUI cases” (March 11, 2012, Orlando Sentinel)

An Orlando woman suffered mental and physical injuries after her vehicle was struck by a woman charged with drunk driving. Defense attorneys are attempting to have the driver’s blood alcohol test dismissed. Dekle commented on the issue.

From the article:
Emboldened by the success they’ve found in quashing breath-test results, defense attorneys may be looking to employ the challenges in more cases, said longtime prosecutor Bob Dekle of the University of Florida School of Law.

“A defense attorney is going to attack the evidence even if it came down from Mount Sinai on two tablets written by the hand of God,” Dekle said. “That is what they do.”

But if there is a trend of increasing success for defense attorneys, he said it’s likely because DUI prosecutors are among the least-experienced in the State Attorney’s Office.

“They quite frequently confront the big guns: the most experienced, highly prestigious defense attorneys,” he said.

Lea Johnston
Assistant Professor of Law

Johnston’s article “Theorizing Mental Health Courts” was published by the Washington University Law Review. Johnston also presented her current work in progress, titled “Vulnerability and Desert: A Theory of Sentencing the Mentally Ill” to faculty at the University of Georgia.

Shani King
Co-Director, Center on Children and Families; Associate Professor of Law

Professors Ruiz and King presented “Essential Ethics for Advocates: Avoiding the Unauthorized Practice of Law” at The Annual COPAA (Council of Parent Attorneys and Advocates) in Miami on March 10.

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

“Cincinnati Engineer Sued for Tweet: Do You Fact Check your Tweets?” (March 8, 2012, The Take Away)

In this radio interview, Lidsky was part of a conversation about a Cincinnati man who was sued for making false statements via Twitter about taxpayer money being used for a new municipal project. The lawsuit was dropped when it was ruled the man wasn’t lying. Lidsky said the question here is whether the government could punish someone whose lies aren’t directly harming an individual.

Elizabeth A. Rowe
Professor of Law; Director, Program in Intellectual Property Law

On Feb. 28 Rowe delivered a lecture on the “Basic Principles of Patent Law” to United Nations diplomats at the World Intellectual Property Organization in New York.

Daniel Sokol
Associate Professor of Law

“Apple’s market clout likely to draw more scrutiny” (March 12, 2012, Associated Press)

The U.S. Justice Department is considering filing a lawsuit against Apple based on evidence of the company working with five publishing companies in a scheme to raise the price of electronic books. Sokol commented on why Apple might not have had as much scrutiny in the past as companies such as Microsoft and Google.

From the article:
Apple may simply behave better than some of its rivals, or it may be doing business in areas that are so new that government regulators are still learning how those nascent markets function, says D. Daniel Sokol, an associate law professor who focuses on antitrust issues at the University of Florida.

“To attract antitrust attention, you have to be more than just big. You have to be big and bad,” Sokol says. “It was only 2007 when Apple released the iPhone, and only 2010 when it released the iPad. The company hasn’t had that long to be bad yet, if it is indeed bad.”

“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.

“Law School Transparency to provide info about law schools” (Feb. 14, 2012, The Alligator)

Bishop spoke to the Alligator about when UF Law will submit information for Law School Transparency – a nonprofit organization that will provide detailed information about law school statistics.

From the article:
Pascale Bishop, assistant dean of the law school’s Center for Career Development, said UF will submit information about its 2011 graduates in late February or early March. The data for the class of 2010 was submitted in early January.

Bob Dekle
Legal Skills Professor

“No Trial in Sight in ’09 Murder Case; Progress Halted Because of Language Barrier” (Feb. 10, 2012, The Ledger)

A Guatemala native and illegal immigrant in Bartow was arrested in 2009 on murder charges, but the case hasn’t been able to move forward because the man speaks a mixture of a Mayan language and some Spanish. His limited understanding of Spanish has prevented him from communicating with his lawyers to understand how the Florida criminal justice system works.

From the article:
George “Bob” Dekle, a legal professor for the University of Florida, said Lemos’ situation calls attention to a fundamental right of all people in the criminal justice system.

“How can you put somebody through a process, and they don’t know what’s going on?” asked Dekle.

“It’s basic to any criminal justice system that the person who is being prosecuted have an understanding of what the charges are against him and what the process is whereby they’re going to be held accountable for it.”

“Inmate set to die for slaying of St. Pete woman” (Feb. 12, 2012, The Associated Press)

A Florida inmate was scheduled to be executed after spending over 30 years on death row. Dekle addressed some of the reasons why it is not uncommon for death row inmates in Florida to remain in prison for such long periods of time before execution.

From the article:
University of Florida law professor George R. “Bob” Dekle, a former prosecutor who sent notorious serial killer Ted Bundy to death row, said Florida governors have rarely been forthcoming about the reasons they select one inmate over all the others for execution.

Dekle said appellate lawyers do their best to make sure it’s not an easy choice for the governor. They file whatever they can for as long as they can to keep their cases alive in the courts. New issues based on recent court rulings and changes in the law provide new fodder for appeals all the time, he said.

“It’s guerilla warfare,” Dekle said. “As long as you can put it off, as long as you can delay, as long as you can keep the thing going in any way, shape or form possible, that’s how much time you’ve got.”

Meshon Rawls
Legal Skills Professor

“The law is a friend, not a foe, youth told at UF conference” (Feb. 11, 2012, The Gainesville Sun)

Rawls, who is also the Josiah T. Walls Bar Association president, commented on the inaugural Law and Justice Youth Conference held at UF Law. The Walls Bar Association co-sponsored the event with the UF Law chapter of the ABA Young Lawyer Division.

From the article:
UF law professor and Walls Bar Association President Meshon Rawls said Saturday’s event was a condensed version of the Street Law program, a series of classes held in neighborhoods throughout Gainesville to introduce youngsters to the legal system.

Rawls said the one-day conference also enabled more kids to participate along with more attorneys and law students, who may not be able to attend Street Law classes when they are held after school.

“We turned a six-week program of one day a week into a one-day conference,” Rawls said. “We hope to make this an annual conference.”

Jennifer Zedalis
Legal Skills Professor

“1 administrator soon will oversee 2 hospitals for mentally ill” (Feb. 14, 2012, The Gainesville Sun)

The administrator of the Northeast Florida State Hospital in Macclenny will be the head of the Macclenny facility as well as the North Florida Evaluation and Treatment Center in Gainesville when Bill Baxter retires from the Gainesville location. The Gainesville facility serves “people who are incompetent to proceed to trial or who have been judged to be not guilty by reason of insanity.” There have been concerns raised about the effectiveness of one administrator running both facilities. Zedalis commented on the issue.

From the article:
But Jennifer Zedalis, a University of Florida law professor, said that the facility she regularly tours with her students is operating on a shoestring as it is.

“A forensic facility is charged with the awesome responsibility of handling individuals who have been found incompetent to stand trial,” she said, explaining that the state is legally obligated to restrict an individual as little as possible.

“There’s not much controversy associated with the North Florida Treatment Facility because of its dedicated staff,” she said. “I’m not sure we should be lumping these two facilities together under one umbrella.”

“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).

The Supreme Court of California, in addressing what standard to adopt for competence for self-representation at a criminal trial, favorably cited Johnston’s article. The court did not mandate that lower courts adhere to Johnston’s proposed standard, but it detailed her proposal and characterized it as “plausible” and “helpful to the extent (it) suggest(s) relevant factors to consider.” The court then stated, “Experts asked to examine defendants for this purpose, and trial courts called on to make these rulings, may consider these factors (identified in part by Johnston) in their examinations and rulings.”

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

On Jan. 26, Lidsky presented a paper entitled “Not a Free Press Court?” at a conference at Brigham Young University Law School on The Supreme Court and the Press that included legal journalists, media law professors, and political scientists.

“Legal targets emerging from the I-75 wreckage” (Jan. 31, 2012, Gainesville Sun)

Following the tragic traffic accidents and deaths just south of Gainesville due to low visibility from brush fires on Paynes Prairie, questions have been raised about where to lay blame and possibilities of pursuing legal action. Lidsky commented on the various potential targets of lawsuits, including the Florida Highway Patrol, trucking companies whose trucks were involved in the accidents, and possibly the person(s) who started the fire at Paynes Prairie.

From the article:
Lidsky said trucking companies might be sued because of their insurance and could be found negligent if their drivers’ actions were shown to be unreasonable.

“It doesn’t necessarily absolve all of these drivers of responsibility” if the highway patrol re-opened the road, she said.

A remaining target of a possible civil lawsuit is the person responsible for the fire, if one is identified. Lidsky said negligence is limited to foreseeable harm, but that courts have been willing to stretch the concept when faced with an intentional action such as arson.

“It doesn’t seem utterly unforeseeable that (a fire) would affect roadway visibility,” she said.

Joseph Little
Professor Emeritus

“Bus attack questions? We have answers” (Jan. 26, 2012, Ocala Star-Banner)

This article addresses questions raised after an attack was captured on film of a Marion County student by other students on a school bus. Little discussed the possibility of a lawsuit against the Marion County school system because some said the bus driver did not do enough to prevent the fight from occurring.

From the article:
The victim in the case could have the basis for a lawsuit against the school district, according to Joseph W. Little, professor of law emeritus at the University of Florida Levin College of Law. He said the victim could argue “the driver was negligent (in) not coming to the assistance of the person at risk, or that the school district was negligent in training the driver,” or both.

Rachel Rebouché
Assistant Professor

In January, Rebouché gave the lecture on prenatal genetic testing for the monthly seminar series at Johns Hopkins Berman Institute of Bioethics and presented a paper on comparative abortion law at the feminist legal workshop at George Washington School of Law.

Elizabeth Rowe
Professor of Law; Director, Program in Intellectual Property Law

“Ten Top U.S. Intellectual-Property Verdicts Doubled to $4.6 Billion in ’11″ (Jan. 31, 2012, Bloomberg Businessweek)

Last year saw the largest increase “in the size of intellectual-property jury awards” in the history of the United States, partially due to two major lawsuits by DuPont Co. and St. Jude Medical Inc. in an attempt to protect trade secrets. Rowe said this practice by large companies is becoming more common.

From the article:
“Companies are becoming more aggressive and more willing to pursue these cases,” said Rowe, who teaches intellectual- property law at the University of Florida. “As more and more of these cases go to trial, it encourages people to bring them. You have a growing body of precedents,” she said.

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.

Nancy Dowd
David H. Levin Chair in Family Law and Director, Center on Children & Families “Rick Scott dodges answers by invoking Fifth Amendment, Democrats claim in ad” (Oct. 12, 2010, PolitiFact Florida)

A new ad from Alex Sink’s gubernatorial campaign points out that GOP candidate Rick Scott invoked his Fifth Amendment right 75 times in a deposition regarding fraud allegations aimed at his hospital chain, Columbia/HCA.

From the article:
“The Fifth Amendment is not a shield against fishing expeditions,” said Nancy Dowd, a UF Levin College of Law professor. “If you want to cloak yourself in the protection of the Fifth Amendment, it has to be for the reason that your answer could result in criminal liability.”

Teresa Drake
Director, Intimate Partner Violence Assistance Clinic (IPVAC)
TV interview – “Family Spotlight” on IPVAC Clinic (Oct. 7, 2010, WCJB-TV 20)

Drake discussed intimate partner violence crimes as well as the new Intimate Partner Violence Asisstance Clinic – of which she is the director – in this TV 20 spotlight.

Thomas Hurst
Professor Emeritus and Sam T. Dell Research ScholarHurst presented a paper entitled “The Use of Clawbacks to Recoup Excessive Executive Compensation After the Worldwide Financial Crisis” at the Cambridge Symposium on Economic Crime at Jesus College, Cambridge University in September.

Clifford Jones
Associate In Law and Lecturer “Ambler’s suit to knock Norman off ballot goes to trial Tuesday” (Oct. 11, 2010, The Tampa Tribune)

State Rep. Kevin Ambler filed a lawsuit seeking to disqualify Hillsborough County Commissioner Jim Norman for running for state senate and remove him from the November ballot. The lawsuit claims Norman failed to report a house in Arkansas owned by his wife, mostly paid for by a former friend and political supporter.

From the article:
State law says disqualification is an appropriate penalty if a candidate deliberately fails to list assets on state financial disclosure forms, said Clifford Alan Jones, a professor at the University of Florida law school.

“But it is not clear to me if a court would order (disqualification) prior to completion of an Ethics Commission hearing,” Jones said.

Diane Mazur
Professor “Congress, not courts, may have final word on ‘don’t ask, don’t tell’” (Oct. 11, 2010, Law.com)

Mazur commented on the recent federal court rulings regarding the military’s “don’t ask, don’t tell” policy and the previous court cases they cited in their decisions.

From the article:
“Although these Don’t Ask, Don’t Tell cases are not criminal prosecutions, not sodomy prosecutions, the courts in both Witt and Log Cabin said, ‘We’re still talking about the same constitutional liberty,’ ” said Diane Mazur, a professor at the University of Florida Levin College of Law and legal co-director of the Palm Center at the University of California, Santa Barbara, which focuses on military issues including Don’t Ask, Don’t Tell.

Judge orders ‘don’t ask, don’t tell’ injunction” (Oct. 12, 2010, Associated Press)

Last week a federal judge issued an injunction to stop the enforcement of the military’s “don’t ask, don’t tell” policy, to be effective immediately. Mazur commented on the president’s position on the issue.

From the article:
“The president has taken a very consistent position here, and that is: ‘Look, I will not use my discretion in any way that will step on Congress’ ability to be the sole decider about this policy here,’ ” said Diane H. Mazur, legal co-director of the Palm Center, a think tank at the University of California at Santa Barbara that supports a repeal.

The article ran in a number of media outlets, including The New York Times.

Mazur was quoted in AP’s “Quotations of the day.” ”The whole thing has become a giant game of hot potato. There isn’t anyone who wants to be responsible, it seems, for actually ending this policy. The potato has been passed around so many times that I think the grown-up in the room is going to be the federal courts.” – Diane H. Mazur, a legal expert at a think tank at the University of California at Santa Barbara in comments after a federal judge ordered the military to immediately stop enforcing its ban on openly gay troops.

Jon Mills
Dean Emeritus Director, Center for Governmental Responsibility
Animal activists mount protests of UF researcher” (Oct. 8, 2010, Gainesville Sun)

A UF researcher has been the target of animal rights activists because of a connection to research done relating to experimentation on primates. A website has been created with the researcher’s address and a picture of his home on it and protests have been planned in Gainesville and in the researcher’s neighborhood in the future. The approach indicates a shift in animal rights activists’ tactics, focusing on individuals involved or related to research rather than the larger entities who sponsor it. Currently the situation appears to be a protest rather than a threat, according to UF police.

From the article:
The courts typically have given wide latitude to free-speech rights in such cases, said UF law professor Jon Mills, who wrote a recent book on privacy. But he said a civil case is possible if someone is being slandered with false information, and other legal action also could be taken in the case of a threat. “People can say a lot of things online if it falls short of actual slander, but one thing that the courts get nervous about is if they say or imply actual threats,” he said.

“Summary of 6 statewide constitutional amendments and one nonbinding referendum” (Oct. 12, 2010, Gainesville Sun)

With six proposed changes in the Florida Constitution on the November ballot, Mills addressed the issue of Florida Supreme Court’s language standards that can sometimes make the wording of amendments confusing to some voters.

From the article:
“The language has to be less than 75 words and explanatory of everything (the amendment) does and be approved by the Supreme Court,” said Jon Mills, a University of Florida law professor. If it’s not in the title, “it would be considered deceptive. The Supreme Court has taken several initiatives off the ballot for being misleading,” he said. Nonetheless, initiatives and constitutional amendments are one of the people’s rights and one that should be taken seriously, Mills said. “They are there permanently,” Mills said. “Putting something in the constitution is hard, and getting it out is even harder.”

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.