Faculty Scholarship & Activities: Feb. 18, 2013

Published: February 18th, 2013

Category: News

Darren Hutchinson
Visiting Professor of Law

Hutchinson presented as a plenary panelist Feb. 8-9 at the 2013 Critical Race Theory Conference at Yale Law School on “The Future of Race in Law School Curriculum.”

“Boy Scouts Delay Decision on Admission of Gay Scouts Until May,” (Feb. 6, 2013, The Hill)

Hutchinson offered commentary on the The Boy Scouts of America’s recent delay in a decision that would have allowed local troops to decide whether to allow gay scout members.

From the article:
Darren Hutchinson, a professor at American University who worked as a lawyer on the original case, said a challenge could split either way. He believes a decision by the national organization to allow troops to admit gays could “basically nullify” the protections granted by the Supreme Court, but acknowledged local chapters could argue their own “discretion to set local values.”

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

“Florida justices side with bank in foreclosure fraud case” (Feb. 7, 2013, Palm Beach Post)

The Florida Supreme Court “upheld a rule allowing lenders to voluntarily dismiss cases as a tactic to avoid being penalized for filing fraudulent documents,” according to the article. Wolf commented on the actions of the justices in this case.

From the article:
Michael Allan Wolf, a University of Florida law professor, said although the justices supported current rules of civil procedure, they did address other penalties that could be invoked if fraudulent documents are filed. Those include referring an attorney to the Florida Bar and asking the bank to pay court costs and attorney fees if a case is voluntarily dismissed.

The court also asked for a recommendation from a rules committee on whether explicit sanctions should be allowed after a case is voluntarily dismissed. The opinion addressed civil procedures in general and not specific foreclosure-related actions.

“In a sense, this was theoretical fraud, not actual fraud, because the bank withdrew the lawsuit early enough,” Wolf said. “I think (the justices) were reading the rules and statutes in a common-sense fashion.”

“Gun regulations? Sometimes, federal law doesn’t work” (Feb. 13, 2013, GTN News)

In this televised piece, GTN News focused on gun control issues in relation to UF Law’s Nelson Symposium, which looked at the relationship between federal, state and local laws.

From the article:
During the University of Florida law symposium, Wolf said preemption law comes into play. “We have a very strong state preemption of local firearms regulations. So strong that local officials can be sued if they pass regulations regulating firearms.”