Faculty Scholarship & Activities: Oct. 29, 2012

Published: October 29th, 2012

Category: News

Jonathan Cohen
Professor of Law

“Kindle users could get refunds on e-books” (Oct. 18, 2012, The Alligator)

A judge is looking to approve a settlement that says that Kindle users will get 30 cents back to each $1.32 spent on e-books due to the inflated price of books.

From the article:
Jonathan Cohen, a UF law professor, said a judge has grounds to sign this order because both parties have worked at a settlement, and it is enforceable. In this case, he said, it’s the court’s decision.

George “Bob” Dekle
Director, Criminal Prosecution Clinic; Assistant Director, Criminal Justice Center, Master Lecturer

“Trayvon Martin shooting: Should victim’s high school file be made public?” (Oct. 19, 2012, The Christian Science Monitor)

This article discusses the changes that will be made in the Trayvon Martin case as a new judge presides over the hearings. The final trial date was set, leading to questions surrounding whether or not it is acceptable to make Martin’s high school files open to the public.

From the article:
Currently, Nelson is dealing with practical legal questions as well as the deeper moral and ethical dilemmas the trial is likely to present, says law professor George “Bob” Dekle of the University of Florida. “Right now, she’s likely playing catch-up, trying to get up to speed on what the case really involves,” he says.

“Unnecessary does not mean unlawful, and just because somebody whose stupidity or an excess of testosterone puts himself in a situation where he has to use deadly force, the defense argument is that he still has a right to defend himself, and that is a justifiable argument that could be made in this situation,” says Professor Dekle.

“Let’s say you walk up to somebody and slap him in the face and he turns around and decides to try to use deadly force against you,” he adds. “Because you provoked that situation, under the law you don’t have a right to stand your ground, but under preexisting law, if you get backed into a corner, where you cannot retreat anymore, you still have a right to defend yourself, and use deadly force doing it.”

“Of course I can’t say anything specifically about this judge, but I have seen judges in similar situations initially deny [self-defense] motions, let the jury decide, and then come back and review the decision after the conviction and then revisit the immunity issue and dismiss the case,” says Dekle. “There could be a stimulus on the part of the judge in a situation like this to see if the jury will take care of it for them.”

Paul R. Gugliuzza
Visiting Assistant Professor

The Georgetown Law Journal recently published two online responses to Gugliuzza’s article, “Rethinking Federal Circuit Jurisdiction,” as well as Gugliuzza’s reply, “Pluralism on Appeal.”  You can find the entire discussion here:  http://georgetownlawjournal.org/ipsa-loquitur.

Jon Mills
Dean Emeritus; Director, Center for Governmental Responsibility

“Florida Supreme Court discuss merit retention” (Oct. 19, 2012, The Alligator)

Dean Mills introduced the four justices who came to discuss the importance of an independent judiciary. They discussed merit retention decided through voter election as a threat to a fair and balanced judicial system.

From the article:
UF adjunct law professor Carl B. Schwait began the event, and Dean Jon L. Mills introduced the justices.

“We take for granted what the Constitution did for an independent judiciary,” Mills told the crowd.

Jason P. Nance
Assistant Professor of Law

Nance presented a working paper titled “An Analysis of Strict Security Measures in Public Schools: Evidence of Racial Disparities” at the Southeast Law School’s faculty workshop held at Tulane Law School.