UFUNIVERSITYU NIVERS ITY OOFF FLFLORIDAO RIDA FREDRIFREDRIC CLAW GG.. LEVIN COCOLLEGELLEG E OOFF LAW • SSPRINGPRING 2008

Growing competition over shared water resources puts Florida’s water law to the test.

ALSO IN THIS ISSUE: NOW I LAY ME DOWN TO SLEEP • KEEPING YOU CLEAN LETTER FROM LINDY

This issue of UF LAW is my fi rst as editor for the magazine. I hope you enjoy it! Pulling this publication together has been a daunting task, mainly because my predecessor, Kathy Fleming, left some big shoes to fi ll when she moved on to become a corporate VP last fall. Now, my job is to carry on the tradition she established of producing a magazine that is colorful, vibrant and interesting. The ultimate goal for UF LAW is to be a good read. Fortunately, UF LAW never runs out of great story topics. Our alums are important professional participants in every aspect of society, and each issue of UF LAW often has more superb stories than pages on which masthead to print them. trustees To make sure we continue to include the news you enjoy, we’ve added “Letters to the Editor” to publish your feedback on articles, topics, issues and other items covered in UF LAW. “Letters to the Editor” is a direct connection to assure your magazine includes the content you value. Send your letter to the editor — bearing in mind submissions will be edited for style, grammar and length — to Lindy Brounley, UF LAW Editor, UF Law Communications, P. O. Box 117633, Gainesville, FL 32611-7633, or e-mail it to [email protected]fl .edu.

LINDY BROUNLEY (JM 88) UF LAW Editor Editor Associate Director of Communications Lindy Brounley Director of Communications Debra Amirin, APR Communications Coordinator Katie Blasewitz Editorial Assistants Rachel Attal CONTENTS Aline Baker UF LAW Vol. 44, Issue 2 Spring 2008 Photographers Tristan Harper Joshua Lukman Chen Wang Design JS Design Studio Printer The Hartley Press, Inc. Correspondence and Address Changes fl [email protected]fl .edu University of Florida Levin College of Law P. O. Box 117633 Gainesville, FL 32611-7633 Telephone Numbers www.law.ufl .edu/about/contact.shtml UF LAW CENTER ASSOCIATION, INC. 2007-2008 Troubled Keeping You Now I Lay Me Bruce Bokor (JD 72) Chairman 16 28 34 Peter Zinober (JD 69) Vice Chair Waters Clean Down to Sleep W.C. Gentry (JD 71) Immediate Past Chair Growing competition over Charles Intriago helps Planning ahead for end-of-life Dennis A. Calfee (JD 75) Treasurer shared water resources puts banks wring-out money eases health crises for patients Ladd Fassett (JD 79) Secretary Florida’s water law to the test. laundering schemes. and their families. Active Members Charles W. Abbott (JD 53), Jacqueline Allee Smith (JD BY LINDY BROUNLEY BY JAMES HELLEGAARD BY LINDY BROUNLEY 78), Cesar Alvarez (JD 72), Mark A. Avera (JD 89), Jean Bice (JD 75), Bruce H. Bokor (JD 72), Leslie W. Burke (JD 68), J. Thomas Cardwell (JD 66), Lawton M. Chiles, III, Richard B. Comiter (JD 80), Charles E. Commander (JD 65), Barry R. Davidson (JD 67), John A. DeVault, III (JD 67), John H. Dyer, Jr. (JD 87), Ladd H. Fassett (JD 79), Andrew Fawbush (JD 74), Michael L. Ferguson (JD 89), Betsy E. Gallagher (JD 76), Ellen Bellet Gelberg NEWS (JD 76), W. C. Gentry (JD 71), Ellen R. Gershow (JD 83), Linda R. Getzen (JD 82), Gene K. Glasser (JD 72), Robert Glennon (JD 74), K. Lawrence Gragg (JD 74), 4 DEAN’S MESSAGE 42 ALUMNI NEWS Scott G. Hawkins (JD 83), Michael Heekin (JD 78), Dean Jerry Speaks on Legal Education • Class Notes Elizabeth M. Hernandez (JD 83), Elizabeth A. Jenkins (JD 76), Kimberly L. Johnson (JD 81), Hal H. Kantor • Walbolt honored for pro bono work (JD 72), Frederick Wayne Leonhardt (JD 74), Christine N. Markussen (JD 72), Clifton A. McClelland, Jr. (JD 6 NEWS BRIEFS • Mickle celebrates 10 years on the federal bench 69), Donald Middlebrooks (JD 72), Michael D. Minton • Madeleine Albright outlines presidential (JD 81), James Moody, Jr. (JD 72), Brian M. O’Connell • Ervin and a lifetime of service (JD 79), Lindy Paull (JD 80), S. Austin Peele (JD 63), challenges ahead F. Wallace Pope, Jr. (JD 69), Becky A. Powhatan-Kelley (JD 76), Mark Proctor (JD 75), Gerald F. Richman (JD • Florida Attorney General Bill McCollum 52 NOTAS BENE 64), Jesse W. Rigby (JD 77), Juliet M. Roulhac (JD 87), shares his vision on shaping public policy Oscar Sanchez (JD 82), Everett J. Santos (JD 66), Ernest • Faculty Scholarship A. Sellers (JD 62), Lawrence E. Sellers, Jr. (JD 79), • Martin Levin Advocacy Center set to break Linda L. Shelley (JD 77), W. Crit Smith (JD 78), Mark A. ground this summer • Awards Somerstein (JD 82), Laura J. Thacker (JD 87), Marjorie Bekaert Thomas (JD 76), Frank D. Upchurch, III (JD 74), • UF Law and Journalism students observe John J. Upchurch, IV (JD 68), George A. Vaka (JD 83), Florida Supreme Court consideration of 62 FACULTY NEWS William A. Weber (JD 76), Peter W. Zinober (JD 69) false light cases • Farewells: Jerold Israel, Michael Gordon, Ex-Offi cio Joseph Little J. Bernard Machen, Paul A. Robell, Robert H. Jerry II, Rahul Patel 12 CONFERENCES • Welcome new faculty members LAW ALUMNI COUNCIL EXECUTIVE COMMITTEE From family law to sports and music law, 2007-2008 Rahul Patel (JD 97) President UF Law enjoyed a well-rounded spring 64 BOOK ROUND UP Mark Klingensmith (JD 85) Immediate Past President conference schedule Gary L. Printy (JD 82) President-Elect Fill your bookshelves with literary works Carter Andersen (JD 98) Secretary penned by faculty and alumni At Large Members 40 PARTNERS Tim Cerio (JD 95) C. Randolph Coleman (JD 78), • New scholarship fosters diversity Jeffrey D. Feldman (JD 81), Gregory Harrell (JD 99), 66 CAREER SERVICES Joseph C. Mellichamp, III (JD 70), Matthew N. Posgay • Gift funds summer fellowship with Find new associates or post your job openings (JD 94), Cecil D. Rolle (JD 03), Sarah Elizabeth Anti-Defamation League Rumpf (JD 03), Misty Chaves-Taylor (JD 95) • Recent gifts and pledges 67 UP AND COMING State “Son of Sam” laws at risk of being struck down as unconstitutional 5 QUESTIONS

approach, that is, a large number of students being taught by a relatively small number of instructors. Most public law schools, and this is especially true of Florida, have not had the resources to support clinical and small-group skills programs in the style that the medical profession provides training to its students. If we were to mimic that approach, we would have law school faculties form their own law fi rms and go out and compete for clients and administer legal services to those clients to generate revenue to pay for the costs of small group instruction. That’s where we see a profound cultural difference between the medical and legal professions — it’s diffi cult to imagine law schools engaging in direct competition for paying clients with the non-academic legal profession. DEAN Dean Jerry Speaks on So, in legal education today we grapple with how ROBERT to pay for many of these skills training programs that JERRY are delivered in small-class settings with a very low Levin, Mabie Legal Education student-faculty ratio. & Levin Q. Can you speak on today’s challenges for Professor legal education? Q. How is UF Law at training students to succeed of Law A. Twenty-fi rst century legal education has its roots in private practice? in a choice our predecessors made in the late 19th A. We do a very good job here, but we continuously century when legal education stood at a crossroads. strive to improve the quality of our programs. As a One of the available paths was similar to the route large school that needs more funding, we do extremely taken by the medical profession, and would have well with what we have. Thus far, we provide a made heavy use of clinical training provided to small clinical experience or a major skills simulation groups of students in live practice settings. That was training experience (such as trial practice, negotiation, a more expensive choice, and the medical profession counseling, or mediation) to every student who wants made it work by setting up clinical practices that it. I mentioned our legal drafting program — we’re earned revenue and essentially competed with medical fairly unique among all law schools in this regard professionals who were not a part of the teaching — where every student must complete, in addition establishment. to the required legal research and writing course, an Law schools took a different path, largely under intensive course on drafting legal documents that the infl uence of Langdell at Harvard, and adopted a advances those skills in very practical, real-life ways. model of one instructor leading large classes of 100 One of our success stories is an advanced business or more students in a setting that looked more like documents legal drafting course in the corporate a traditional classroom. That model persisted as the area, where Professor Stu Cohn works with a team norm for nearly 100 years until a number of lawyers of adjuncts led by Dan Aronson to provide intensive, and some academics put forward the proposition that in-depth skills training. A number of other courses are legal education would be improved if skills training heavily oriented toward preparing students to manage had a greater role. The critique of legal education sophisticated aspects of specialized practice areas. stuck, and beginning in the 1970s and with the impetus of the McCrate report in 1992, almost all Q. What are some continuing challenges for higher law schools added a signifi cant skills component education in general in Florida, and specifi cally for to their curriculum, including both clinical training this law school? opportunities and simulation courses. UF Law was A. Unfortunately, the trying economic times facing no exception and we offer eight clinics, a number our country generally, and Florida specifi cally, have of externships, and a rich array of skills simulation led to reductions in funding for nearly all government courses, including a mandatory upper-class legal agencies, including those that deliver educational drafting requirement. services. Over the long haul, I hope our state’s budget The challenge for legal education today is that fortunes will turn around so that new revenues can the economic model we use to pay for what we lead to new investments in our academic program. It do continues to be driven by the ancient Langdell is inevitable that increases in tuition will supply some

4 UF LAW of those new revenues, given that our tuition is among support. Private support makes most of our faculty the very lowest of the nation’s 200 ABA-accredited law research assistant positions possible, and this program schools. If you look for other large public law schools is a classic win-win — the student gets a one-on-one affi liated with the nation’s top universities, you’ll fi nd educational experience with a faculty member, the what are widely regarded as the seven or eight best student gets fi nancial support to help pay for his or her public law schools in the United States — and when tuition or living expenses, and the faculty member gets compared to that group, you’ll fi nd that UF Law spends help with his or her research. When we bring in outside less than half per student in providing an education as speakers to the college and make them available to the average of those other law schools. interact with students and faculty, it’s private support The bottom line is that UF Law provides a really that makes those visits possible. We’re about to have high quality education for the dollar, but we’re not two more United States Supreme Court justices visit going to be able to deliver the kind of academic the law school, which is a wonderful experience for our program Florida citizens deserve if we have to go students, and it is private support that will make those through an extended time period where those other visits possible. It’s also important to realize that alumni schools outspend us two to one in direct educational help us not just through their gifts, but also through their expenditures. We’ll have to change that through a time and their advocacy for the law school’s future. combination of state support, increased tuition, and There’s really no substitute for that kind of support, and increased private support from our alumni. That’s our alumni have been wonderful in providing it. really the only alternative if we’re going to provide Florida residents with a premier legal education. Q. What do you see in the Levin College of Law’s future? Q. How could public or private investments A. We have a great tradition at UF Law of preparing improve the academic program? leaders for our workplaces, our profession, the A. Our student-faculty ratio is getting better, but we judiciary, state and national government, our still lag behind our peers. We need to appoint additional communities and society. We are all familiar with faculty. For a law school of our size, we need more countless examples of UF Law alumni making a student affairs professionals, including career services profound difference in all of those venues, and it is support. We need to improve the library’s collection hard to imagine what our communities, our state, or and its array of electronic databases. Having more our profession would be like without the efforts and resources to invest in adjunct faculty would improve contributions of those alumni. I see our law school our curriculum, and we could do more to support our building on this tradition and projecting it into the co-curricular activities, such as the journals, moot future. It’s an exciting future to imagine, and I hope court, and trial team. We have an excellent program we can all work together to achieve it. — make no mistake about that. But we have the potential to be better, and I believe the citizens of our state deserve a law school of the very highest caliber. “Private support makes most of our If, however, we go through a sustained era of resource deprivation, our current quality will defi nitely be at faculty research assistant positions risk. possible, and this program is a classic

Q. What can our alumni do to help us through this win-win.” time? A. Our alumni have been terrifi c. We would never expect them to provide for all our fi nancial needs, and that’s not what we’re asking them to do. But alumni provide the real margin of excellence for the college. Our college’s endowment is very strong and getting stronger, and annual giving has been growing year by year. We have been able to leverage those dollars through state matching gift programs and wise fi nancial management, and we use those resources to fi ll in areas where state support stops. For example, our extracurricular activities, moot court, trial team and student journals are exclusively funded by private

SPRING 2008 5 NEWS BRIEFS

globalization, restoring the good Former U.S. Secretary of State name of democracy, dealing Madeleine Albright Visits UF Law with environmental issues, and managing two wars. ormer U.S. Secretary of from thinking about the power of Albright spoke of the “hot State Madeleine Albright the American presidency while wars” in Afghanistan and Iraq Fspoke on March 26 to a watching former presidents and and the task of the president to packed classroom of UF Law President George W. Bush interact deal with each war’s unintended students, faculty and staff about at former President Gerald consequences. Afghanistan’s the diffi culties the next president Ford’s funeral at the Washington unintended consequence is will face. National Cathedral. Albright Pakistan, she said. “Pakistan is a Albright discussed the state spent much time researching country that has every element of of the presidency and her new how former presidents had what gives you an international book, Memo To The seen the offi ce. migraine. They have nuclear Albright’s President Elect: The former U.S. Secretary of weapons, terrorism, extremism, book centers How We Can Restore State spoke mostly of the “horrors poverty and corruption.” around the America’s Reputation of the world” that the next But “Iraq is going to go fi ve big issues and Leadership. president will have to combat. down in history as the greatest “It was written for “I think this is going to be one disaster in American foreign that the next the president elect of the hardest presidencies that policy,” in terms of unintended president to read on election we have seen in a very, very consequences. Albright compared will have to night, but it’s out long time,” Albright said. the war in Iraq to billiards. “With confront. now, so it’s basically The book centers around a bunch of balls in the middle for Americans fi ve big issues that the next of the table, you hit the ball, primarily, some foreigners, in order president will have to confront, hope it will get into the pocket to see what I think are the major including fi ghting terrorism on the other side, but on the way national security issues for the next without creating more terrorists, it hits a lot of other balls – it’s president to confront,” she said. mitigating the threat of nuclear very horizontal and dynamic,” The idea of the book stemmed powers, reducing the effects of she said.

6 UF LAW “The next president has a huge agenda, and is going to have to operate in some other way realizing that we have to work Florida Attorney General Bill McCollum with other countries,” Albright said. “The Speaks at 20th Anniversary of Florida next presidency is going to be a very, very diffi cult one.” Journal of Law and Public Policy Albright was the 64th secretary of state of the United States. In 1997, she lorida Attorney General was named the fi rst woman secretary of Bill McCollum (JD 68) state and became, at that time, the highest Fdiscussed the role of the ranking woman in the history of the U.S. Offi ce of Attorney General of government. Albright visited the Levin Florida at the University of College of Law upon the invitation of UF Florida Journal of Law and Law Professor and Dean Emeritus Jon Public Policy’s 20th Anniversary Mills (JD 72), director of the Center for Celebration on March 28. Governmental Responsibility. McCollum said he truly Albright is a principal of The Albright enjoyed his days as a U.S. Group LLC. She is the fi rst Michael and congressman because of the Virginia Mortara Endowed Distinguished new challenges he faced every Professor in the Practice of Diplomacy day, but as the chief legal at the Georgetown University School offi cer of the state, McCollum of Foreign Service. She chairs both said his role is very different the National Democratic Institute for but still exciting. “You are in International Affairs and the Pew Global the executive branch, you have Attitudes Project and serves as president to make tough policy decisions, of the Truman Scholarship Foundation. and you are able to really get Albright co-chairs the UNDP’s things done. The pay isn’t very Commission on Legal Empowerment of good, but you are doing good the Poor, serves on the board of directors every day,” McCollum said. of the Council on Foreign Relations, the The “Double-Gator” credited board of trustees for the Aspen Institute his passion for public policy and the board of directors of the Center as beginning as a UF Law for a New American Security. student. McCollum’s lecture UF Law alumni Carol M. Browner was centered on the discussion and Janet R. Studley were instrumental in of important policy issues, arranging the visit. Browner (JD 79) is a including the right of free speech principal of The Albright Group LLC, a and consumer protection. global strategy fi rm, former head of the U.S. He spoke of the importance Environmental Protection Agency and a of the right to free speech member of President Bill Clinton’s cabinet around the world. At the heart for eight years. Studley (JD 76) is a partner of public policy is free speech, with Holland & Knight in Washington McCollum said. “It’s just not While speaking to the D.C. and past chair of Holland & Knight’s right to deny free speech; that future lawyers in the room, Government Law Section. Studley also is so fundamental to us.” He McCollum said, “you are the served as chief counsel to the Subcommittee expressed that the Offi ce of protectors of these freedoms, on Federal Spending Practices and Open Attorney General of Florida has but there’s balance. The Government of the United States Senate a lot of important public policy constitution and the scales of Governmental Affairs Committee, chaired issues, but “there is nothing justice are one in the same. by the late Senator Lawton Chiles. more important than free Your job and my job is to do Visit www.law.ufl .edu/Albright to hear speech.” our very best to get it right.” Albright’s complete presentation. —Rachel Attal

SPRING 2008 7 From Left: Stacy Scott, Esq., Justin Stevens (3L), Alicia Philip (3L), Frank Gaulden (3L), Jessica Anderson (3L), The Honorable David Gersten.

college dorm director. After UF Trial Team Brings Home National weeks of practicing the team is very proud of the victory. Civil Rights Trial Competition Title “We only had four weeks but everyone worked extremely F Trial Team brought accusing his college of violating hard day in and day out and in home a national title at his due process and free speech the end it all paid off,” Philip Uthe St. John’s University rights in the way in which the said. “I’m so proud of the effort National Civil Rights Trial school sanctioned him after my teammates put in and we Competition in Jamaica, N.Y. he was accused and found couldn’t have done it without After an intense three-day responsible for harassing a our coaches.” competition Oct. 18-20, team members Jessica Anderson (3L), Frank Gaulden (3L), Alicia Philip (3L) and “We only had four Justin Stevens weeks but everyone (3L) defeated worked extremely 15 teams from across hard day in and day the country, out and in the end including Pace, it all paid off. “ Arizona State, and Emory. The team was coached by Stacy Scott, Esq. (JD 95) and the Hon. David Gersten (JD 75), chief judge of Florida’s Third Moot Court in the Elite Eight District Court of Appeals in Miami. Presenting the plaintiff’s he Justice Campbell Thornal Moot Court Board team fi nished in case, Gaulden and Stevens the “Elite Eight” at the American Bar Association Law Student defeated Temple University in TDivision National Appellate Advocacy Competition National Finals the semifinals, and presenting in Chicago April 3-4. As one of only 26 regional champions to advance the defense’s case, Anderson to the National Finals, the team of Elizabeth Faist, Michael Schuster and Philip defeated Washburn and Jennifer Jones beat out Michigan State to reach the quarterfi nals. University School of Law in The ABA NAAC is the largest and most prestigious moot court the final round. The civil competition in the United States. rights case concerned a student

8 UF LAW NEWS BRIEFS

Martin Levin Law Advocacy Center to Break Ground This Year hanks to support from Levin College of Law alumni and Tfriends, UF law faculty, staff and students will soon enjoy a legal advocacy center second to none. The Martin Levin Law Advocacy Center, the core of a $5.2 million construction project scheduled to break ground this year, will expand legal advocacy education and provide state- of-the-art trial facilities for the college. Named in honor of Martin H. Levin, son and former Levin is well known as one gomery, Jr. & Associates in West The Martin Levin Law Advocacy Center colleague of Pensacola attorney of the most successful trial Palm Beach, and Robert Kerrigan will feature spacious, and college namesake Fredric attorneys in the country. In 1999 of Kerrigan, Estess, McLeod state-of-the-art courtroom facilities. G. Levin, the center will put UF he provided a $10 million cash & Thompson in Pensacola and Law at the forefront of major law gift that, with $10 million in the Baynard Trust. Montgomery colleges providing students with state matching funds, moved the and Kerrigan have exceptional sophisticated facilities and services. college’s endowment into the top trial records and were instrumen- The impressive stand- 10 of all public law schools in tal in representing the State alone 20,000 sq. foot center the nation. of Florida in its $13 billion will boast a two-story grand Other donors included Robert settlement against the tobacco foyer and glass entry with an Montgomery of Robert M. Mont- industry. open staircase that will rise south of Bruton-Geer Hall. It will house a fully functional 2008 NALSC Freedom Fellowship trial and appellate courtroom on the first floor with a 98- he National Association of Legal emphasis on education, community seat gallery, bench for seven Search Consultants is awarding the outreach and the framing of domestic civil judges, a jury box and attorneys’ T“NASLC Freedom Fellowship” to liberties in an international human rights tables. The courtroom also will University of Florida Levin College of Law framework. accommodate judge’s chambers fi rst-year student Ghulam Tariq Khan. Khan’s dedication to community and a jury deliberation room. Khan will be a volunteer law clerk with the service is exceptional. He spearheaded Fred Levin, a 1961 alumnus of American Civil Liberties Union of Georgia a local organization called “Project the UF law school, contributed $2 on its National Security and Immigrant Downtown,” which provides weekly Rights Project. As part of this summer hot meals and hygiene products to the million for the center as the lead program, Khan also will be assisting in homeless in downtown Gainesville, Fla. gift to the University of Florida monitoring the conditions at Georgia Additionally, Khan has volunteered in Levin College of Law. In addition immigration detention facilities, as well as fl ood relief efforts for the Pakistan Red to signifi cant gifts from others, conducting community outreach. Crescent, a counterpart to the Red Cross. Levin’s gift was matched by the This project was recently created to UF Law applauds Khan’s commitment to State of Florida Alec P. Courtelis address the erosion of the civil liberties the public interest and immigration issues Facilities Enhancement Challenge of various immigrant communities in and we wish him much success in his Grant Program to bring the total Georgia post-9/11. There will be a special summer endeavors. contribution to $5.2 million.

SPRING 2008 9 NEWS BRIEFS

Strengthening Faculty Among Most Cited Law Ties Between Professors in the Country Students and everal UF Levin College Procedure; Professor Lawrence of Law professors are Lokken, Hugh F. Culverhouse Professionals Samong those recognized Eminent Scholar in Taxation, Statutory Slayers lorida Supreme Court as the most cited in the country who is 9th in Tax; Cone Wagner Knock-out the in the latest rankings from Nugent Johnson, Hazouri and Justice Raoul G. Cantero, Corporate Kickbacks University of Texas Law Professor Roth Professor Juan Perea, who 7-4 Second-year law III (above left) engaged UF students enrolled in F Brian Leiter. Leiter’s ranking of is 24th in Critical Theories; and Law students in a round-table Professor Lee-ford Most Cited Law Professors by Professor Christopher Slobogin, Tritt’s Estates and discussion in the college’s Rare Specialty, 2000-2007 includes Stephen C. O’Connell Chair, who Trusts and Professor Book Room during his visit the following members of the is 11th in Criminal Law and Michael Siebecker’s to the Levin College of Law Corporations classes UF Law faculty: Professor Jerold Procedure. Earlier this fall, Leiter spent an afternoon on April 16. Justice Cantero, Israel, Ed Rood Eminent Scholar ranked the UF Law faculty among testing their skills in accompanied by Carl Zahner, in Trial Advocacy & Procedure, the Top 35 Law Faculties Based the 5th Annual Kickball director of the Florida Bar Tournament held on who is 25th in Criminal Law and on Scholarly Impact for 2007. the softball fi eld at Association’s Henry Latimer Southwest Recreation Center for Professionalism, and Center on Nov. 9. John Berry, also of the Florida nation’s nearly 200 accredited that should be important to anyone Serving as the neutral law schools. The Graduate Tax trying to compare them. The U.S. party and referee, Bar Association, met with faculty Associate Dean for and students to discuss ways to Program was again rated fi rst News and World Report ranking Students Rachel Inman strengthen implementation of among public law schools and methodology is, in my opinion, kept the competitors in line. To see more professionalism in law school second overall, with only New an extremely inexact measure of photos of the game, classrooms and curriculum. York University ranking higher. an institution’s true quality. But visit the UF Law online The law school also was ranked the reality is that many people photo gallery at http:// www.law.ufl .edu/ 13th overall and 6th among public use such rankings, and it would kickball07. U.S. News schools for environmental law. UF therefore be poor judgment for Rankings Law Dean Robert Jerry said, “First us simply to ignore them. Having let me emphasize, as detailed in said that, we are still pleased that he Levin College of Law rose a letter I have endorsed along the exceptional quality of our a spot in recent U.S. News with about 170 other law school graduate tax program continues Tand World Report rankings deans in the nation, that ranking to be recognized, as is our status to place in the top 25 public law systems are an unreliable guide to as one of the country’s best public schools and 46th overall of the the differences among law schools law schools.”

10 UF LAW False Light

oarding a bus for Tallahassee at 5:15 a.m. Bwas no obstacle for 50 law and journalism graduate and undergraduate students who traveled to the Florida Supreme Court March 6. The students heard arguments in two signifi cant false light cases, Jews for Jesus, Inc. v. Edith Rapp and Joe Anderson, Jr. v. Gannett Co., Inc. Both are cases of fi rst impression on appellate review. The outcome will decide whether Florida will recognize the privacy tort of false light. “The Anderson case is incredibly important for the UF faculty and state’s new media,” said “I would like to think that “We got to hear from the students on the Professor Sandra F. Chance our presence in the court room fighters right out of the boxing steps of the Florida Supreme Court. (JD 90), who teaches media law demonstrated to the judges how ring,” Hering said of the panel. at the College of Journalism signifi cant the false light issue is The panel discussed the and Communications and was to future journalists and media issues surrounding the torts one of two faculty members on lawyers,” Hering said. of false light, defamation and the trip. “This case involved UF law students took up how those issues affect the an investigative news story, nearly two-thirds of the court media. where both parties agreed that room and were acknowledged To end the day, students all the facts were true, yet the by Chief Justice R. Fred Lewis heard from Florida Supreme jury awarded the plaintiff more before arguments began. Court Public than $18 million. That’s a direct “It was fascinating for Information “I would like to assault on the First Amendment students to see the kinds of Officer Craig think that our pres- and journalists and media lawyers questions the justices asked,” Waters (JD ence in the court- everywhere are watching this said Professor Lyrissa Lidsky, 86). Waters is room demonstrated case.” a professor at the College of instrumental in Law who also attended the the court’s online to the judges how The event was coordinated signifi cant the false by Ana-Klara Hering and trip. “The Justices clearly court system, Kristen Rasmussen, both had thought about the First which was light issue is to fu- second-year UF Law students. Amendment implications of recognized as ture journalists and Hering and Rasmussen are part their decision.” one of the best media lawyers...” of the joint degree program After oral arguments, the in the nation. in media law and policy with students participated in a panel The trip was sponsored the College of Journalism discussion with plaintiffs’ by the College of Journalism and Communications, where and defendants’ counsel from and Communications and the Hering is a doctoral candidate both cases. Professor Chance Gainesville Professional Chapter and Rasmussen is pursuing her participated in the panel and of the Society of Professional masters. Professor Lidsky moderated. Journalists. —Adrianna C. Rodriguez

SPRING 2008 11 CONFERENCES attending the conference were past directors Jason Gordon (JD 04) and Andrew Kanter (JD 06). Whether the panelists were attorneys, musicians or businesses executives, it was clear that their passion for protecting and creating music was a driving force. All of the panelists emphasized the importance of networking, establishing relationships and not being afraid to take chances. “It’s the people you know who will get you the jobs,” said Frankel, who is an attorney working in Washington, D.C. and past director of the 2007 Music Law Conference. He emphasized the importance of location in the industry and getting involved with volunteering. Frankel said the most important piece of advice is to learn to barter with clients stating, “getting paid is not nearly as important as getting known.” Music Law Conference Director Gerard Kardonsky said he was very pleased with hen Brian Mencher music business is integrated with the turnout, which attracted an (JD 02) organized the everything from fi lm, television excellent crowd from diverse Winaugural Music Law and changing technologies to backgrounds. “I am sure that Conference, he was just like any music sharing and merchandising. everyone, regardless of whether other law student The Live Music Showcase they are musicians, business “I am sure that trying to make a hosted on Friday night at Side owners, lawyers or students all everyone regardless difference. After Bar, a local club, gave everyone left a little bit more prepared being rejected involved with the conference a to deal with their futures in of whether they are three times from chance to sit back and mingle with entertainment,” he said. “The musicians, business UF Law, he made a people from the industry while panels were extremely stimulating owners, lawyers or promise to himself enjoying different genres and provocative this year.” students all left a little that he would of music. Director of Legal and bit more prepared to graduate in the The conference, titled, “Music Business Affairs for EMI deal with their futures top 3 percent of & Mixed Media,” was organized Televisa Music Oswaldo Rossi in entertainment.” his class and leave into fi ve panels that focused served as the keynote speaker his mark with the on entertainment markets, for this year’s conference. school. Well, he accomplished ethics, protecting rights, new Nick Nanton (JD 04), an both of these goals and set the distribution and commercial award-winning songwriter, also foundation for one of the largest markets. Two of the fi ve past served as a panelist for “New conferences held at the Levin Music Law Conference directors Distribution.” Dean Robert Jerry, College of Law. served on these panels. Brian Associate Dean Kathie Price, LTI The Sixth Annual UF Music Frankel (JD 07) and Mencher Director Andy Adkins, Associate Law Conference, held on Feb. 16 discussed the entertainment Dean Rachel Inman and in the Chesterfi eld Ceremonial markets and ethics involved Associate Professor Elizabeth classroom, explored 360 degrees with being a successful young Rowe served as moderators for of the music industry and how the lawyers in the business. Also the panels.

12 UF LAW Weyrauch Lecture Sports Law Symposium

Revisits the he University of Florida Entertainment and Sports Law Society’s American Family inaugural Sports Law Symposium, “From the Locker Room to the TBoard Room,” drew a diverse crowd to UF’s Reitz Union Auditorium tephanie Coontz, a professor at Feb. 8 for a series of discussions involving players, coaches, agents and Evergreen State College and director executives. Sof research and education of the The focus for this fi rst-ever symposium — held in conjunction with the Council on Contemporary Families, Law College Council, the Sports and Entertainment Business Society and delivered the second annual Weyrauch the Undergraduate Sports Management Club — was to take an in-depth Distinguished Lecture in Family Law look at each aspect of the world of sports. Marc Isenberg (at left in photo on March 26 in the Chesterfi eld Smith below), author of Money Players: A Guide to Success in Sports, Business Ceremonial Classroom. & Life for the Current and Future Pro Athletes, served as the morning keynote speaker and moderated the panel of student-athletes. During the afternoon, former vice president of the New Orleans Saints and current city councilman of New Orleans Arnie Fieklow spoke on the different aspects of management in professional sports while also moderating the panel with executives. Panelists included Jai Lucas, UF Men’s Basketball player; Travis McGriff, former UF and NFL player and currently a member of Team Florida’s All-American Football League; Shane Mathews, head coach of the AAFL who played in the NFL for 14 years; Paul Vance, senior vice president of the Jacksonville “The transition from college ball Jaguars; and Glenn to pro-ball forces you to quickly Schwartzman, CEO realize it is a business and you COONTZ of Alliance Sports are an investment as a player...” Coontz, a social historian who is Management and nationally known for her work on the agent for several history of marriage, has been deeply professional athletes. Many participants emphasized the importance of involved in the litigation and public maintaining relationships in this businesses, while every professional debate over same-sex marriage. She athlete recognized the importance of player-agent relationships. is perhaps best known for her book, “The transition from college ball to pro-ball forces you to quickly realize The Way We Never Were: American it is a business and you are an investment as a player,” said Darren O’Day, Families and the Nostalgia Trap. She former UF baseball star now playing in the minor leagues most recently published Marriage, A for the Anaheim Angels. “We hope that we’ve laid the History: From Obedience to Intimacy, groundwork for something important here at the or How Love Conquered Marriage. The University of Florida,” said Scott Ehrlich, president title of her lecture was “Courting Disaster: of EASLS. “Next year, we would like to get The Historical Revolution in Marriage.” even more student involvement. We Presented by the Center on Children hope that the University of Florida and Families, the lecture is named in Sports Symposium will become as honor of Professor Walter O. Weyrauch, synonymous with Florida sports as internationally known for his work in winning national championships.” foreign and family law. Weyrauch came to the United States from Germany in 1952 and joined the UF law faculty in 1957 as an associate professor of law. Before retiring this year, he was a distinguished professor of law and Stephen C. O’Connell Chair.

SPRING 2008 13 CONFERENCES

Bahar Armaghani (at right) speaks with Nelson Symposium attendees. Nelson Symposium Examines “Green Building”

F Law students and fac- Pitfalls for Local Governments,” it is important for government ulty, state and local gov- examined topics including the agencies to be on the cutting Uernment agency represen- legal landscape of green build- edge. Kristen Engel, University tatives and building contractors ing, Leadership in Energy and of Arizona James E. Rogers gathered to discuss the many Environmental Design (LEED) College of Law professor, implications of “Going Green” and other certification programs, urged government agencies to to improve the the state of Florida’s climate be proactive in the race to “State and local environmen- change initiatives and private become green. tal landscape environmental lawmaking. “State and local govern- governments don’t for future Green building construction is ments don’t just need to reduce just need to reduce generations. an integrated design that is envi- emissions, they need to push emissions, they The Seventh ronmentally responsible, profi t- ahead of technology,” she said. need to push ahead Annual Rich- able in the long term and creates “State governments should ard E. Nelson a healthy place to live and work. mandate the adoption of better of technology…” Symposium, This high performance build- technologies.” held Feb. ing construction helps alleviate This is the seventh sympo- 15, featured a diverse panel of our carbon footprint caused by sium honoring Richard E. Nel- speakers from law and related making everyday decisions that son — who served with distinc- fields to explore the construction increase greenhouse gas emis- tion as Sarasota County attorney of green building, its positive sions, Bahar Armaghani, assistant for 30 years — and Jane Nelson, impact on the environment and director at UF’s Facilities Plan- two UF alumni who gave more its implications for state and ning & Construction Division, than $1 million to establish local governments. said. the Richard E. Nelson Chair in The conference, titled When analyzing state and Local Government Law, which “Green Building: Prospects and local climate change initiatives sponsors the annual event.

14 UF LAW Public Interest American Law of Real Property olumbia University Law Professor Thomas W. Merrill cautiously encouraged the Environmental use of eminent domain to be determined by local referendum at the fi rst Wolf CFamily Lecture in the American Law of Real Property on Feb. 22. The lecture, Conference entitled “Populism and Public Use,” examined the role and consequences of popular constitutionalism in regards to deciding the use of eminent domain. he University of Florida Levin College Merrill examined the hostile public backlash concerning the U.S. Supreme Court’s of Law’s 14th Annual Public Interest decision in the Kelo v. City of New London case involving an economic development project. Environmental Conference (PIEC) The Supreme Court upheld the use of eminent domain because it determined that the T property qualifi ed as a public use and thus the use of eminent domain was permissible. was held Feb. 28 - March 1 at the UF Law Even though the decision caused an immediate uproar from the U.S. House of campus. The theme of this year’s conference Representatives, which passed a resolution condemning the decision the following day, was “Reducing Florida’s Footprint: Stepping Merrill thought the public outrage would soon cease. However, his assumption was Up to the Global Challenge.” The conference inaccurate and the consequences of the decision have continued. The public opinion focused on Florida’s role in global issues on of the use of eminent domain is that it has not been properly handled by the courts or state legislatures, Merrill said. As a result, many states have taken matters into their own energy, land use, biodiversity and water. The hands. PIEC was held place in conjunction with Opinion polls show that 80 to 90 percent of people disagreed with the Supreme Court’s the inaugural University of Florida Water decision; and as a result, there were 10 public referendums in various states during the Symposium, “Sustainable Water Resources: November 2006 election, and eight pure anti-Kelo measures passed by comfortable margins, Florida Challenges, Global Solutions.” Merrill said. “There is some evidence that the closer the decision is to the people via referendum, the more uniformly anti-Kelo, anti-eminent domain the response tends to be.” The public backlash gave a glimpse into the “The public backlash gave a possible use of popular glimpse into the possible use constitutionalism when deciding contested of popular constitutionalism…” constitutional issues. The argument entails that constitutional issues should not be decided by the courts or elected offi cials, but by the people themselves, Merrill said. Merrill discussed the confl icting principles of eminent domain. On one hand, eminent domain is crucial to help protect ecological sites and fi ght urban sprawl, but the dissenting opinion views eminent domain as unfair because it provides incomplete compensation for land and undermines general property rights. When trying to develop a plan to balance the two values, Merrill concluded it is a complicated task. “There is no clear right answer of how to balance these confl icting values.” As a result, Merrill cautiously advocates that this issue needs to be decided by the people at The PIEC opened with a pre- a local level. conference keynote speech by Sheila He said the experiment would be a risk but insists it’s worth it to decide the issue Watt-Cloutier, an Inuit climate change that has not been properly handled by the Supreme Court or state legislatures. Merrill believes that the eminent domain debate should be decided by local referenda, but and human rights activist and 2007 Nobel it is important to ensure the people making the decision are knowledgeable and well Peace Prize nominee. Co-sponsored informed regarding the issue. by the UF Office of Sustainability, the The lecture series was endowed by a gift conference was free for all UF students, from UF Law Professor Michael Allan Wolf faculty and staff. and his wife Betty. Wolf, the Richard E. Since its inception in 1994, this student- Nelson Chair in Local Government Law, is the general editor of a 17-volume treatise, organized conference has attracted top “Powell on Real Property,” the most practitioners, legal scholars and utilized scientists from around the state treatise and beyond to discuss Florida’s in the most pressing environmental country in the area. issues. Now in its 14th year, the PIEC has enjoyed a continual increase in Merrill (left) with reputation, attendance symposium sponsors and popularity. Michael and Betty Wolf.

SPRING 2008 15 Growing competition over shared water resources puts Florida’s water law to the test

BY LINDY MCCOLLUM-BROUNLEY

16 UF LAW n the year the Florida Water Resources Act became law, Billie Jean King cleaned up at Wimbledon, Carole King’s “You’ve Got a Friend” was a radio hit single, and the Democratic National Committee headquarters in the Watergate Hotel was burglarized. Oh, and a gallon of gas cost 55 cents. A lot has changed since 1972. Not the least of which has been an about-faceI in how we view a certain precious fl uid, and it isn’t gasoline.

The St. Johns’ placid surface belies a brewing storm over who can use its water. (PHOTO BY WILL DICKEY)

SPRING 2008 17 ater is of their various constituencies is a lot now the like water for elephants … there just resource never seems to be enough. IN THE PRESS on which Take the “water war” brewing in all future the St. Johns River Water Management growth District over its proposed approval of in the Seminole County’s request to siphon stateW of Florida hinges. Burgeoning 5.5 million gallons of water a day communities throughout the state from the St. Johns River. Critics are beginning to recognize the throughout North and Central Florida limits of sustainability for their have excoriated the intended decision, own groundwater supplies and are with some saying it will impact river casting jealous eyes on the seemingly ecology while others fretting it will plentiful, clean water of less- reduce the water available to supply developed neighbors. their own thirsty futures. As varying interests jockey for Challenged by environmental their cut of Florida’s water pie, citing watchdog organization the St. Johns © The Orlando Sentinel “local sources first” and “reasonable Riverkeeper, the city of Jacksonville beneficial use” to carve out their and St. Johns County, the matter claims, straightforward solutions to is now on the docket to be sorted the state’s complex water crises seem out during a Chapter 120 Formal increasingly unlikely. Municipal Administrative Hearing this October demand, which accounts for a third in Tallahassee. A recommended of all the water used in the state, is order is expected by the end of the projected to increase 50 percent by year. the year 2025 as Florida’s population “I don’t like the phrase, ‘water continues to swell. And agriculture war,’ ” said Kathryn Mennella (JD and industry cut their own mammoth 80), general counsel for the St. Johns slices out of Florida’s water River Water Management District. resources. “I think it represents a level of The water management districts divisiveness that doesn’t reflect the work hard to implement Florida’s reality of what so many people are water law, but the insatiable demand striving to achieve.” © Deland-Deltona Beacon

“What this debate will do is educate people about where their water comes from and about the water resource...”

—Kathryn Mennella (JD 80)

18 UF LAW © The Florida Times-Union

Groundwater Withdrawals by User 43% Public Supply

4% Domestic Self-Supplied (Residential wells) 4.5% Recreational Irrigation 1% Power Generation 8.5% Commercial/Industrial Self-Supplied

39% Agricultural Self-Supplied Source: Water Withdrawals, Use Discharge and Trends in Florida, 2000. Richard Marella USGS, 2004

SPRING 2008 19 The media has billed Seminole She says the district has proposed to pools and lush landscapes might be more County’s proposed withdrawal as slated approve a limited river withdrawal in easily said than done. for lawn irrigation. But Mennella points part to facilitate the county’s effort to use “From a big-picture perspective, the out that’s not entirely true. According to 100 percent of its treated wastewater for concern is if the growing part of the state the county’s permit application, most of irrigation, a proactive initiative consistent is not using water wisely, then we are just the water would be treated to meet future with the district’s regional water plan and being wasteful by feeding their addiction public supply demands — municipal one that relieves stress on limited ground by giving them more and more water, drinking water piped to homes and water that sustains lakes and springs. when they should really be doing other businesses — while less than 1 mgd of Despite the fi restorm of criticism things to curb their water use fi rst,” said the withdrawn water would supplement directed at her agency because of its Mary Jane Angelo (JD 87), a University the county’s reclaimed water system to proposed permit decision, Mennella is of Florida associate professor of law. increase effi ciency. confi dent in the law. Angelo has served in the general “It’s tricky for people to understand “I think this administrative law counsel offi ces of both the U.S. why you would need to augment the proceeding is, in many ways, a very Environmental Protection Agency and reclaimed water supply,” Mennella said. positive thing,” she said. “What this the St. Johns River Water Management “The primary reason is because people are debate will do is educate people about District. She noted that the Florida fl ushing their toilets about the same amount where their water comes from and about Legislature has expressed its “local all year round, so the amount of reclaimed the water resource. … In a way, the debate sources fi rst” preference with provisions wastewater is constant year-round, but has really raised the consciousness of so in the law that require consideration of peak demand for irrigation water occurs many people about how much water is other options — such as implementing during April, May and June.” needed, and that every water resource conservation measures and other If the reclaimed water system isn’t — whether it’s ground water, surface alternative sources — before looking to supplemented with river water during water, sea water, brackish water — has tap another part of the state. months of peak use, Mennella notes, not its limitations.” The St. Johns Water Management enough reclaimed water can be supplied Mennella believes the spirited District has estimated as much as 262 mgd for irrigation when customer demand discussion will lead to more diversifi ed of water may be available for withdrawal is greatest. When that happens, utilities community water portfolios that from the St. Johns River and its tributary, must limit the number of new customers emphasize use of reclaimed wastewater the Ocklawaha River. Although the using the reclaimed water system, leaving and increased conservation. But changing Seminole County withdrawal would some customers to irrigate year round the water habits of residents in a state benefi t people within the district, with municipal drinking water drawn that promotes itself as a tropical paradise some of the river water targeted for from high-quality ground water sources. with overfl owing fountains, swimming withdrawal by other proposed projects

“You’re either going to have to cut back or pay a lot of money for desalination or some other technology...”

—Mary Jane Angelo (JD 87) UF Associate Professor of Law

20 UF LAW in the district’s regional water supply plan could be used by counties and cities located at the district’s shared boundary with another water management district. As a result, there is potential that some water could be proposed for transfer for use within an adjoining district. “I think these water transfers are a bad idea, because if we keep giving people more and more water there is no incentive for them to cut back on wasteful water use or to stop using excessive amounts of water to irrigate landscaping and lawns,” Angelo said. “Whereas, if at some point, we said, ‘There is just “The problem is we’ve no extra cheap, easy water and you’re either going to have to cut back or pay drained off so much of it a lot of money for desalination or some other technology,’ then I think you’ll get and have lost much people’s attention.” of the resource...” THE WAY WE WERE —Richard Hamann (JD 76) With nearly 60 inches of annual UF Associate In Law rainfall, Florida’s long-term problem isn’t a shortage of water. It’s the diminishing supply of clean, inexpensive water from relies on more than 20 billion gallons of and assistant director of the Center for the aquifers underfoot. The deep Floridan water every day for residential, industrial Governmental Responsibility. “The aquifer and various shallow aquifers and agricultural uses. problem is we’ve drained off so much bordering the coast are the sources from “Basically, we’ve got the same of it and have lost much of the resource which 92 percent of Florida’s 18 million amount of water as we’ve ever had,” that would otherwise be available for residents drink. Each drop of the cool said Richard Hamann (JD 76), a UF consumptive use and for maintenance of liquid is a hot commodity in a state that Levin College of Law associate in law natural systems.”

Estimated Cost of Alternate Drinking Water Sources Desalination per 1,000 Gallons Sea Water

Reverse Osmosis Fresh Brackish Water Surface Fresh Water Groundwater

$0.60 - $1/ $1.50 - $2.50/ $2 - $4/ $3.50 - $4.50/ 1000 gallons 1000 gallons 1000 gallons 1000 gallons

Source: St. Johns River Water Management District (Cost of treatment only, does not include transmission.)

SPRING 2008 21 Hamann said thousands of drainage Walker (JD 74), a shareholder of Lewis, equitably allocate water. The districts canals carved into Florida’s landscape for Longman & Walker in Palm Beach also were charged with protecting the fl ood control and removal of water from County. environment, and they began establishing wetlands for development have resulted As general counsel for the South some of the fi rst assessments for minimum in compromised natural systems that Florida Water Management District fl ows and levels in water systems in an are unable to store and recharge water. until entering private practice in 1991, effort to balance preservation and recovery Increasing urbanization and continuing Walker was instrumental in negotiating of important natural systems with the agricultural demand place added stress the historic Everglades Settlement need to allocate water for benefi cial on already strained water systems. Agreement with the federal government. human uses. This juggling act sometimes “The basic, fundamental problem Also under his leadership, the legal achieved mixed results. is scarcity,” said Hamann, “yet as the framework was erected for the district’s “We’ve put ourselves into a situation resource becomes scarce greater demands regulatory initiatives under the Water where we have to engineer, if you will, are placed upon it, and those demands Resources Act, a framework that our way to a solution,” Walker said. “It’s are increasing because of population continues to guide water management in inordinately complex, because despite all growth.” the region. our efforts, we still don’t fully appreciate In 1976, the year Hamann graduated “I started work at the South Florida and understand the interrelationship from UF with his law degree, the state Water Management District in 1975,” between human decision making and was sparsely populated, home to 6.8 said Walker. “One of my fi rst jobs at the actions with the environment, and the million people. Orlando was a sleepy water management district was to take environmental consequences that might town better known for its cattle and these rules (established by the Water result in 15, 20 years from now.” citrus industries than tourism, and the Resources Act) and translate them into state’s Water Resources Act of 1972, tangible action items that can be applied CHANGING TIMES offspring of the Model Water Code by a permit reviewer to assure that the In the late 1990s, the environmental formulated in the early 1970s by Dean purpose and intent of the rules were consequences of human actions became Frank Maloney of the University of being followed and that we were getting painfully evident. Over-pumped well Florida College of Law, was in fl edgling the water resource results that the law fi elds in some parts of the state led stages of implementation. intended.” to saltwater intrusion, drops in land “I think we’re blessed with a very As a fi rst step, the state’s water elevation, bone-dry lakes and dwindling fl exible law in Chapter 373 of the Water management districts inventoried surface wetlands — a dramatic wake-up call for Resources Act, in that it anticipated and ground water systems within their Floridians, who, to their credit, sat up and most of the issues that would arise over boundaries and established rules and took notice. With the Water Resources the course of time,” said Stephen A. regulations designed to protect and Act as its core, Florida law evolved

“We’ve put ourselves into a situation where we have to engineer...our way to a solution...”

—Stephen A. Walker (JD 74)

22 UF LAW again to address the growing need to balance water supply for both growth and environmental sustainability. “The regional water supply planning statutes that were adopted in the late ’90s, which actually just refi ned those established by the Water Resources Act of 1972, called for water supply planning looking at a 20-year horizon, both for people and the environment,” said Elizabeth D. Ross (JD 85), senior specialist attorney for the South Florida Water Management District. “The regional water supply “These were followed by two landmark statutes passed in 2005; Senate planning statutes adopted bills 444 and 360,” said Ross. “Senate in the late ’90s...called Bill 444 primarily funded alternative water supply development and required for the water management districts to water supply identify appropriate projects for future planning looking at water supply development.” Under SB 444, which seeks to promote a 20-year horizon...” regional solutions to water supply issues, —Elizabeth D. Ross (JD 85) alternative water supply projects are identifi ed as options in regional water supply planning undertaken by the districts. Regional water supply plans are from the regional water supply plan, planning under Chapter 163. The formulated by a public process designed unless they want to propose their own combined force of the statutes requires to engage all the stakeholders, including alternatives that will meet their water communities to demonstrate in their local governments, agriculture, industry supply needs in a sustainable manner. comprehensive growth management and environmental advocacy groups. Senate Bill 360 shored up linkages plans that an appropriate 10-year water Local governments must select projects between water supply and land use supply for new land development has

Fresh Water Withdrawals Florida’s and Population by District, 2000 Five Water Management Districts Northwest Florida Water Management District 8% 1.22 million residents Suwannee River Water Management District 4% .25 million residents St. Johns River Water Management District 20% 3.89 million residents Southwest Florida Water Management District 19% 3.99 million residents South Florida Water Management District 49% 6.6 million residents

Total: 8,191,770,000 gallons/day Source: U.S. Geological Survey

SPRING 2008 23 & Knight partner based in the fi rm’s Orlando offi ce. During the past 10 years of Sims’ 33- year career, he’s seen water rise to the top “If the water isn’t there, then of the state’s list of planning priorities, right up there with transportation. The your comprehensive land Department of Community Affairs deems water supply to be such an urgent use change is not going issue that local comprehensive growth management plans are rejected if they to get approved...” fail to adequately address water supply —Roger W. Sims (JD 74) for new development consistent with the regional water supply development plans. “If the water isn’t there, then your comprehensive land use change is not going to get approved and they’ll tell you to go fi nd an alternative supply,” said Sims. “… the result is that it’s a win-win if you can fi nd the water, it’s just going to cost more.” Some of the alternative water supplies the state identifi ed in SB 444 to expand its been identifi ed consistent with their Florida now is a requirement under the water portfolio include those generated regional water development plans. The Comprehensive Planning Act, Chapter using reverse osmosis of brackish water, growth management plans are submitted 163, that local governments have to desalination of sea water, capture and to the relevant water management district plan for the expected demand of water storage of wet weather river fl ows, and for initial staff review, after which and they have to include specifi cs in reclaimed waste and storm water. they’re moved to the Florida Department their capital improvements elements as Projects to develop and treat these of Community Affairs for fi nal action. to how they’re going to get that water,” alternative water supplies will cost “What you have going on in said Roger W. Sims (JD 74), a Holland hundreds of millions of dollars. To meet

The Taylor Creek Reservoir is located in Orange and Osceola counties near the headwaters of the St. Johns River. (PHOTO COURTESY OF THE SJRWMD)

24 UF LAW economies of scale, projects will be cooperatively established by the three from the St. Johns River. The water regional in nature, pooling the shared water management districts in 2006 to would be stored in the Taylor Creek water and fi nancial resources of local more effectively manage shared water Reservoir near the river’s headwaters in municipalities, the water districts, and resources. a system similar to that of the successful state and federal governments. The water management districts Hillsborough River Reservoir in Tampa Ultimately, the costs of producing have determined ground water held by Bay. The idea is part of a larger regional drinking water from alternative sources the aquifer within the Central Florida water development plan put forth by the will be borne by the consumer. That’s Coordination Area is limited, under water management district. not likely to sit well with state residents stress and unable to sustain metropolitan Toho Water Authority isn’t counting used to getting water on the cheap, yet Orlando’s booming growth into the on the proposed St. Johns River/Taylor Florida’s situation has become one of future. No new or increased allocations Creek Reservoir project alone to meet pay now … or pay dearly later. will be permitted from the area to meet its future water demands. Wheeler and projected water demands after 2013. In a the authority’s governing board have CASE IN POINT little less than fi ve years, water utilities several options on the table, including “You’ve heard that saying, ‘Water, must have alternative sources of water the potential for a reservoir to capture water everywhere, but not a drop to in place to bridge that gap, and they are some of the wet weather fl ow from drink,’ ” said Brian Wheeler, director scrambling for options. the Kissimmee River, and additional of Toho Water Authority in Kissimmee. “Like a lot of utilities, we’ve got groundwater sources in Osceola County’s “That’s where we are in Central Florida multiple irons in the fi re. Nobody undeveloped south. right now — there’s water everywhere, has identifi ed a specifi c source that is “In conjunction with that, we’re but none of that cheap aquifer water. So, guaranteed, so we have a lot of utilities looking at extending the effi ciency we’re forced to go to the dirty water, the exploring multiple sources, and many of of the use of our reclaimed water expensive water.” these new sources are going to require system,” Wheeler said. “Half of our future As director of the Toho Water cooperative ventures to be affordable,” water demand, as it is for most utilities Authority, Wheeler oversees an Wheeler said. within Central Florida, is irrigation … organization that straddles three of Affordable, but in this case also which doesn’t require potable water. the state’s fi ve water management controversial, because the Toho Water So, if we can use reclaimed water for districts — the St. Johns, Southwest Authority is one of six Central Florida that purpose rather than potable water, Florida and South Florida. That has water utilities seeking to expand its then we have reduced our future demand placed Toho at ground zero within the water portfolio with a $250 million joint for potable water and maximized Central Florida Coordination Area, venture to withdraw as much as 40 mgd effi ciency.”

“There’s water everywhere, but none of that cheap aquifer water. So, we’re forced to go to the dirty water, the expensive water.”—Brian Wheeler

SPRING 2008 25 “Water-effi cient “Floridians rely more heavily than the SORTING IT OUT national average on ground water, and Choosing how best to conserve appliances, water somehow we’ve developed this myth that water, develop new sources of water there’s this 1,000,000-year-old drop of and preserve existing resources and the fi xtures and irrigation water stored in the Floridan aquifer just natural systems they support will not for me so I can run it through my toilet be easy, politically or otherwise. Those practices could save once,” said Christine Klein, a UF Levin involved say it will require enormous College of Law professor of natural amounts of foresight, cooperation and billions of gallons of resources, water and property law. “That’s money to achieve. conserved potable water not a sustainable water use.” Despite all the controversy, Florida’s But ground water use for residential water law seems to be working well. The irrigation, which accounts for as much process is bringing all of the stakeholders every day.” as 75 percent of municipal water used to the table and has elevated the issue during some periods of the year, could of water sustainability on the public A SHIFT IN MINDSET be replaced by reclaimed water. The radar. The fi nal outcome may involve Reclaimed water is a plentiful source same could be said for agricultural sacrifi ces and compromise. It may be of cost-effective alternative water, irrigation and water used to cool power expensive. And not everyone is likely to which together with conserved and plants. be satisfi ed. But, Klein believes the rule reallocated water, ranks among the Klein noted that water-effi cient of law will bring equitable resolution to most overlooked and diffi cult to sell to appliances, water fi xtures and irrigation this compelling issue that affects us all. the general public. Because wastewater practices could save billions of gallons “Our time has come to sort out our is 99.9 percent water, it’s also a of conserved potable water every day water issues,” Klein said. “The function guaranteed source — as long as people without a change in lifestyle. Take of law, of course, is to prevent a sort of fl ush toilets and send water down drains Denver, Colo., where a judge required self-help, free-for-all, where the water it will always be in steady supply — installation of low-fl ow toilets and other users at the head of the watershed would and it has been demonstrated to be conservation measures rather than allow get it all. safe and more affordable than other construction of a new dam. The savings? “Because we are a society of laws,” alternative sources such as reverse Another 20 years of water supply from she said, “I’d like to think we can be more osmosis or desalination. the city’s existing sources. sophisticated in our approach.” ■

“Floridians rely more heavily than the national average on ground water, and somehow we’ve developed this myth that there’s this 1,000,000-year- old drop of water stored in the Floridan aquifer just for me...”

—Christine Klein, UF Law Professor

26 UF LAW UF now offers nation’s fi rst environmental and land use law LL.M.

n a world grappling with critical shortages of changing legal landscape that may propel tradi- LL.M. candidates also must complete a water, increasing developmental pressures tional corporate lawyers to seek a broader under- written project in connection with a seminar or and the unknown but real threats of climate standing of environmental and land use law. the college’s Conservation Clinic. The Conserva- change, environmental and land use law “We need a new generation of environmen- tion Clinic focuses on non-litigation policy and Ipolicies and applications are changing almost as tal lawyers who focus on drafting instruments transactional projects, providing a superb hands- fast as the weather. and contracts that satisfy both environmental on learning laboratory for the college’s LL.M. To prepare a new generation of environ- and business concerns,” she said. “We are fi - students. A summer environmental law study mental lawyers to meet these challenges, the nally coming to grips with the fact that ‘business abroad program in Costa Rica is also offered. University of Florida Levin College of Law now as usual’ is unsustainable. Corporations, govern- “Florida’s new LL.M. program is at the offers a Master of Laws (LL.M.) in Environmen- ments and nongovernmental organizations will cutting edge of environmental legal education, tal and Land Use Law. The program, a one-year, need to hire new lawyers who blend traditional combining different specialties from within the post-Juris Doctor degree, is the nation’s fi rst to skills with a broader knowledge of environmental practice of law, like land use and environmental combine environmental and land use law. laws and policy.” law, and adding to that a non-law, interdisciplin- “The environmental problems we’re facing Flournoy said the LL.M. program will edu- ary component that includes science and engi- are so fundamental and serious that the laws and cate students on the historical and legal under- neering coursework,” said Wendy A. Wagner, the policies we will need to adopt are inevitably going pinnings of environmental and land use law poli- Joe. A. Worsham Centennial Professor of Law at to go beyond the bounds of what we have tradi- cies, and will encourage them to think creatively the University of Texas at Austin School of Law tionally thought of as environmental law,” said to innovate solutions to pressing environmental and a leading authority on the use of science by Alyson Flournoy, UF professor of law, research and related social issues. A major strength of environmental policy-makers. foundation professor and director of the college’s the program is the diversity of faculty, which has “Such a broad-based curriculum, coupled Environmental and Land Use Law Program. expertise in a wide array of fi elds covering en- with Florida’s prestigious environmental and “There will be corporate lawyers, many of vironmental law, water law, international trade, land use law faculty, should produce lawyers whom don’t currently think of themselves as land use law, natural resources law and others. who are well prepared to tackle the complex environmental attorneys, who will be seeking to In addition, the LL.M. program is unique issues at the interface of law and environmental learn more, to understand the environmental law in that six of the 26 required credit hours must policy,” Wagner said. regimes, the underlying environmental problems be from relevant courses that have substantial The University of Florida Levin College of and the policy and legal solutions that have been non-law content — either offered outside the Law LL.M. in Environmental and Land Use employed here and elsewhere to deal with these Levin College of Law or jointly by the law school Law Program is now accepting applications for issues,” she said. and another department. This broadens student the class entering in fall 2008. For application Flournoy points to emerging fi elds of envi- exposure to disciplines related to environmental instructions and detailed program information, ronmental law, such as the growing importance and land use law practice, such as wildlife ecol- contact Lena Hinson at (352) 273-0777 or of carbon markets and efforts to value and ogy, environmental engineering, urban and re- [email protected]fl .edu, or visit the Web at www. protect ecosystem services, as examples of the gional planning, and sustainable development. law.ufl .edu/elulp.

SPRING 2008 27 Keeping You

CleanCharlie Intriago helps banks wring-out money laundering schemes. BY JAMES HELLEGAARD

28 UF LAW harles A. Intriago (JD 66) is world renowned for his expertise in helping fi nancial institutions fi ght money laundering Cand other dangers that come with it. But if you want to understand who he really is, you should know he grew up a fan of the Brooklyn Dodgers. Before team owner Walter O’Malley broke the hearts of legions of fans and moved the club to sunny Los Angeles in 1957, the Dodgers, for all their success, embodied what it meant to be the underdog. Their fans were blue-collar types, immigrants and minorities — a tough-nosed bunch Charles A. Intriago that offered a great juxtaposition to the (JD 66) built an empire based on an idea business-like image of their greatest rejected by others. enemies, the pin-striped, baseball blue- bloods, the New York Yankees. © EL NUEVO HERALD Recalling those days more than a in the Garment District. The family the day of the decisive seventh game half a century later, the names of his lived in Washington Heights in upper of the 1955 World Series, Charlie heroes roll off Intriago’s tongue in Manhattan, just blocks from the Polo anxiously waited for school to let out quick succession — Pee Wee Reese, Grounds, where the Dodgers’ other before running to watch the end of the Jackie Robinson, Duke Snider, Gil great rival, the New York Giants, game on a television in a downtown Hodges, Roy Campanella and Don played ball. But it was the Dodgers, Miami deli. Newcombe. He remembers how the hundreds of blocks away and a long More than 52 years later, Intriago Dodgers won the National League subway ride across the East River at remembers every detail of the game as pennant fi ve times in 1941, 1947, Ebbets Field, who had Charlie’s heart. if it was yesterday. The players. The 1949, 1952 and 1953, only to fall to “I empathized with the Brooklyn pitches. The way the late afternoon their cross-town rivals the New York Dodgers. They broke the color sun and shadows in Yankee Stadium Yankees in the World Series every year. barrier with Jackie Robinson and lost made it diffi cult for the Yankees hitters For legions of long-suffering Dodgers the World Series every year to the to pick-up Dodgers’ pitcher Johnny fans “Wait ‘til next year!” became the Yankees,” Intriago recalled from his Podres “mean, mean change-up.” And unoffi cial team slogan. offi ce in downtown Miami. “You can of course, the ground ball the Yankees’ Intriago identifi ed well with the imagine my sadness every time they Elston Howard hit to Reese, who Dodgers. Born in Ecuador, Charlie was lost to the Yankees. I was a little kid threw to Hodges at fi rst base for the just a baby when his father contracted back then. And then came 1955, of fi nal out. tuberculosis. With no health insurance, course...” “Podres threw him an unbelievable the cost of treatment nearly wiped out Ah yes, 1955, the year “next year” change-up that faked Howard out of the family fi nancially. fi nally came to Flatbush. By then, his pants. He was so out of tempo that With little money and barely able Charlie and his family had moved to he hit a little weak ground ball to Pee to speak English, Intriago’s mother Miami, after his mother, widowed for Wee,” Intriago recalls as he happily brought Charlie and his sister to the many years, left her job in New York’s jumps from his offi ce chair to re-enact United States, settling in New York, Garment District to fi nd a better life for the play in moment-by-moment detail. where she found work as a seamstress her family in sunny South Florida. On “And Pee Wee…and I’m over there

SPRING 2008 29 around since Biblical times, reaches a new level. On the nightly news, Americans were introduced to Panamanian dictator Gen. Manuel Noriega, who U.S. law enforcement offi cials said was laundering billions of dollars in drug money through several fi nancial institutions, including a secretive organization known as Bank of Credit and Commerce International (BCCI), which had operations throughout Florida. Intriago learned more about BCCI through conversations with a friend, an ex-CIA agent in Miami, who shared with him an idea he had to start a company consulting banks who needed help to avoid getting tangled up in money laundering and the expensive government crackdown such problems would bring. While Intriago wasn’t particularly interested in being a consultant, he did begin looking at the laws the U.S. Congress was creating to fi ght money laundering, including the huge penalties against banks that were found guilty of cleaning up dirty money, which could reach $1 million. At the same time, another friend had tried to interest him in launching a newsletter on Latin American affairs. Intriago wasn’t interested in that idea either, fi guring the fi eld was already Charlie Intriago as a child in cluttered. But soon enough, the downtown Miami on his sec- ond day in the U.S. His family newsletter idea and the anti-money later moved permanently to laundering legislation ran into each Miami from New York. other in his head. (PHOTO COURTESY CHARLES INTRIAGO) “Boop, bingo,” is how Intriago describes the moment the idea for his praying ‘C’mon Pee Wee, get it’…he “Scarface” are offering Hollywood newsletter germinated. It seemed like comes in, throws it straight to Hodges. versions of the drug-fueled dramas a perfect idea, one that would allow him And then all hell broke loose.” occurring in the seamy underbelly of to pursue his entrepreneurial dreams Today, at age 65, Intriago appears South Florida. Miami is the entry point and avoid the private practice of law, to have won the World Series himself. of illegal drugs, most notably cocaine which he had not found to be satisfying. Starting from a simple printed from South America, which comes in He contacted a market research team newsletter in 1989, he constructed an on boats and planes and is transported and paid them $20,000 to look at the empire around a topic that not long ago up Interstate 95 on its way to virtually viability of the newsletter. seemed to have little if any commercial every town in the U.S. The drug trade He summarizes the voluminous interest — money laundering. produces piles of cash that kingpins and detailed market research report Flashback to Miami in the 1980s. of the illicit industry are pressed to this way: “Bad idea, buddy. Don’t even The popular television series “Miami move through banks. The practice of think about it. We know you’re hooked Vice” and the blood-splattered fi lm money laundering, which had been on it, but forget it.”

30 UF LAW “I was sitting at home, depressed Intriago may not have gone into Alexandra, now 11, Joy joined the over this news that these guys had the venture with any journalistic business. found, and probably with a stiff experience, but he did know a few She helped the company jump on scotch in my hand, and I might have things about marketing and public the Internet wave early, launching www. even resorted to smoking a cigarette,” relations. A copy of that fi rst issue moneylaundering.com in 1996 and www. Intriago said. “My nerves were jangled ended up in the hands of a reporter at lavadodinero.com in 1997. The Web sites from the prospect of having to practice The Wall Street Journal, who called allowed the company to deliver content at law for the rest of my life.” him and wrote a story about Intriago’s a premium price to subscribers. His gut told Intriago that the newsletter that appeared on the front At Joy’s suggestion, the Intriagos research report was wrong. From page of one of the paper’s sections. also developed a way to give credentials his previous experience — as a Subscribers quickly signed up as the to those people involved in anti- federal prosecutor, as counsel to a media coverage around the world, money laundering efforts who pass a Congressional oversight committee tough examination constructed by that oversaw the Department of What do 95 percent experts. They created a business Justice and other agencies involved model for an anti-money laundering in the anti-money laundering effort, “ or more of all the awareness and training organization and as special counsel on organized crimes in the world, called the Association of Certifi ed crime in Florida — Intriago knew Anti-Money Laundering Specialists the time was right. He looks back on no matter the country, (ACAMS). it as a revelation that came to him in have in common? Providing training and the form of a question. a standardized examination “What do 95 percent or more of The answer is developed by an independent testing all the crimes in the world, no matter agency, ACAMS now has 8,000 the country, have in common? The members in about 100 countries — answer is money!” he explains. “So I money!” including regulators, bankers and said to myself these guys are wrong, law enforcement offi cials. I’m right. I just happen to be a little One reason for that growth is bit ahead of the curve.” including CNN, Reuters, AP, The that money laundering isn’t just for As it turned out, Intriago’s instinct Financial Times and others, surged. drug money anymore. Since 9/11 was right on the money. With little Before long the newsletter evolved the regulatory focus has shifted staff or resources, Intriago launched into a corporation, Alert Global Media, increasingly to stemming the flow of Money Laundering Alert newsletter which grew into a small media empire, dirty money into the hands of terrorist in 1989 with the graphic design help spawning Web sites, books, seminars, networks and taking the property of his eldest daughter, Patricia, a training programs, and conferences through asset forfeiture of those who recent University of Pennsylvania around the world. foster or assist terrorism. Seven weeks graduate who had embarked on a In 1993, Intriago met his wife, Joy after the terrorist attacks, President successful career in New York as brand Intriago, a certifi ed public accountant George W. Bush signed into law administrator for a major company. He who had run businesses before. In The USA PATRIOT Act, commonly crossed his fi ngers that the market, 1996, at the same time she was expecting known as the Patriot Act (the acronym mostly bankers at the time, was ready the couple’s daughter, stands for “Uniting and Strengthening for what he was selling — information America by Providing on how to keep clean and clear from Appropriate Tools dirty money.

ACAMS conference attendees receive commemorative soap with money embedded in glycerin. SPRING 2008 31 Joy and Charlie Intriago in the Miami headquarters of Alert Global Media. © THE MIAMI HERALD

Required to Intercept and Obstruct the private equity fi rm Warburg Pincus. graduated from Archbishop Curley Terrorism Act of 2001”). The Act Fortent specializes primarily in the sale High School, and enrolled at Florida expanded the authority of U.S. law of software products to the fi nancial State University. enforcement and regulatory agencies community. Intriago admits he socialized a for the stated purpose of fighting Although the price Fortent paid for little too much as an undergrad and terrorism in the United States and Alert Global Media has never been consequently didn’t do nearly as well abroad, and broadened the fight published, according to an article in college as he should have. When he against money laundering. published in August 2007 in The followed that up with a disappointing “The Patriot Act had some Miami Herald, rumors are that Intriago LSAT score, his prospects for a unbelievably strong, far-reaching anti- received more than $20 million. successful legal career didn’t look very money laundering and asset forfeiture “We struck a nerve,” Intriago said good. He managed to get accepted into provisions that brought the whole world of his company’s success, “just got the University of Florida law school, but really under Uncle Sam’s thumb,” lucky.” was told by the admissions dean that his Intriago said. “It’s basically saying One could argue that Intriago grades and test score were an indication, this: If you want to do business in this created his own luck. He had come based on statistical studies, that he would country as a bank or as a customer, I a long way from the kid who shined only last four or fi ve semesters. don’t care what you are, you’re going shoes for 10 cents on Broadway and Knowing he could do better, to follow our rules, buddy.” 159th Street in Washington Heights, Intriago told him, “Well, I’m going to Today, there’s hardly an industry where he shared a one-room apartment try to prove you wrong.” that’s not touched by these regulations. with his mom and sister. It was a tough He worked hard and did well The increased focus on anti- life, which the family escaped in 1954 enough in his classes to be named money laundering efforts propelled when they put all their belongings editor-in-chief of Florida Law Review. Intriago’s business to a spurt of growth in cardboard boxes and boarded a On the afternoon he was elected to the that late in 2006 led to its sale to Fortent, Greyhound bus for Miami. Life did position, which required high grades a New York-based portfolio company of get better. Charlie did well in school, to be eligible, Intriago ran down to the

32 UF LAW admissions offi ce, knocked on the door Operations subcommittee, Intriago before Congress or speaking to the media of the dean who earlier had predicted accepted an offer from Florida Gov. about banks that complain about federal his academic downfall and said, “I Reubin Askew (JD 56) to work as regulations. He doesn’t lose any sleep just wanted to let you know that I was special counsel on organized crime. over those who disagree with him. just elected editor-in-chief of the law Intriago, who had investigated “I’m a New York guy,” Intriago review. So you might want to put a little organized crime in Washington under says. “Don’t forget, I’m the son of a asterisk on your statistical studies. Not Fascell, conceived the idea for and widowed mother. I’ve had to scrap all everybody falls into those categories.” wrote Florida’s statewide grand jury my life. And if I didn’t have a degree As editor-in-chief, Intriago scored law, which is still on the books, and of aggressiveness and ambition, and an a major coup with the coaching of introduced the idea of creating a in-your-face type approach — I hope his mentor, Professor Sanford N. statewide prosecutor, which was later softened every now and then by a good Katz, who now teaches law at Boston passed. sense of PR and fi nesse — I wouldn’t College. Intriago brought United After two years, Intriago moved have gotten very far, I don’t think.” States Supreme Court Justice William back to Miami, where after an There’s still a bit of that 11-year- J. Brennan, Jr., to speak at UF Law unsuccessful run at public offi ce, he old shoe-shine boy in Intriago, too. in 1966, the fi rst member of the U.S. became an assistant United States Having reached a level of success that Supreme Court to speak at the might lead some people to want University of Florida. Intriago to sit back and enjoy a well- still has the letter he received deserved retirement, Intriago is from Justice Brennan, one of “The Patriot Act now involved in creating a new the countless letters he has had some unbelievably business venture after having left exchanged with dignitaries the company he and Joy sold to and other important people strong, far-reaching anti- Warburg Pincus. He continues — baseball players included money laundering and asset to approach his work with the — over the years. The letters, boyish enthusiasm of a kid trying which he saves in various forfeiture provisions that to muster up enough kids for a folders in his offi ce, are a brought the whole world pick-up baseball game. strong testament to Intriago’s Hustling through his paces personality. If you want ..under Uncle Sam’s thumb.” in downtown Miami like a something, you have to be homerun hitter rounding the bold enough to ask for it. bases, Intriago frequently stops One such instance occurred early in attorney. As a federal prosecutor, he led to talk to friends and former employees, Intriago’s career when after a couple of the successful prosecution of former often in fl uent Spanish, and offers years practicing with an international Florida Insurance Commissioner words of encouragement. More than law fi rm in Miami he decided what Thomas O’Malley on corruption 1,300 attended the last international he really wanted to do was be a charges. In 1979, Intriago went back conference he hosted in March at the Congressional committee counsel in to practicing law, specializing as a Westin Diplomat in Hollywood, Fla. Washington, D.C. In 1968, he wrote to litigator and “rainmaker” for a large Showing his sense of humor, Intriago the late Congressman Dante B. Fascell, international fi rm where he became an gives visitors to his offi ce a bar of his who would become the most important equity partner. former company’s soap, which contains man in Intriago’s life. Pictures of the By the late 1980s, Intriago was ready a piece of embedded currency from two are all over the walls of Intriago’s for a new beginning. His fi rst marriage somewhere in the world and the slogan, offi ce. had ended, and he had found his work “Keeping you clean since 1989.” “I was able to get a job with him at the law fi rm less than satisfying. “Governments are going to continue by getting to him directly,” Intriago That’s when he began twirling the idea creating new laws and regulations, explains. “I didn’t realize that there for the money laundering newsletter international tensions keep heating was a procedure to follow. I just wrote around in his head. As it happens, the up,” he said. “The money laundering to him directly and he gave me an new idea was not only a well-timed issue’s never going to go away and interview. And it was love at fi rst sight. business venture but the perfect fi t for governments are going to continue to We loved each other and we just hit it off Intriago personally. require banks and others to train their tremendously. We worked magnifi cently While his mother may have pulled employees. I’m very proud of what we well together…. It taught me everything him away from the streets of New York did in this fascinating fi eld.” ■ I needed to know for this business.” decades ago, there’s a still a part of the Charlie invites anyone interested in After fi ve years of working city in Intriago today. He’s never shy in contacting him to e-mail intriago8@ with Fascell’s House Government giving his opinion, whether he’s testifying gmail.com

SPRING 2008 33 JOSE ORTEGA

34 UF LAW Now I Lay Me Down To BY LINDY MCCOLLUM-BROUNLEYSleep This is not a story about Terri Schiavo, although her case is central adult Americans do not have a living will, despite “virtually to our theme. This is not a story about death, although dying is universal” awareness of the fi nal chapter. This is a story about life, and how preparing living wills and their purpose. Interestingly, the number of ahead for the end can help us live it to its fullest measure. people who do have living wills has more than doubled “Getting old ain’t for sissies.” “We spend most of our lives since 1990, perhaps in part This statement amused me as a 20- ignoring our mortality. Even though because of the media coverage of the something woman hearing it for the fi rst we kind of abstractly know it, we fi nd Terri Schiavo case. time. Now 40-something, on the cusp ways to emotionally distance ourselves As the chairman of Shands of 50 — with stiffening joints, rising from it,” said William L. “Bill” Allen Hospital’s ethics committee, Allen blood pressure and the worry that the (JD 91), a UF College of Medicine has seen, fi rsthand, the painful Alzheimer’s dementia affl icting close associate professor and director of the consequences that arise when people relatives may predict my own fate — it Program in Bioethics, Law and Medical haven’t established advance directives just “ain’t” that funny. Professionalism. “Crisis situations or living wills and have not designated Getting old has gotten personal. force us to address it, but it’s better if a health surrogate. Even worse, some As the reality of aging sinks in, we do that in advance.” may have these instruments in place it has spurred serious but prickly Nonetheless, for many of us, but have not communicated their ponderings on what my twilight years planning for health crises and end- wishes to their physician or health care may bring. What level of care would I of-life calls for considering diffi cult providers. want should I become terminally ill? questions many of us would rather “When people go to be admitted What rights would I have as a patient ignore. According to a 2006 report into the hospital, their living will is to assure I receive that care? Who will issued by the Pew Research Center probably the last thing they’re thinking make decisions for me if I can’t? for People and the Press, 71 percent of about. If you forget to bring it with

SPRING 2008 35 some combination of those, even an incapacitated person doesn’t lose their constitutional right to refuse life- sustaining treatment,” Allen said. Prior to In re: Guardianship of Estelle M. Browning, State of Florida v. Doris F. Herbert (Fla. 1990), Florida statute under the Life-Prolonging Procedure Act of 1987 only allowed for refusal of life- sustaining treatment in cases of terminal illness where death was imminent. By the time the Browning case made its way to the Florida Supreme Court, Estelle Browning had already died, but the court chose to rule on it anyway, stating, “Although the claim is moot, we accept jurisdiction because the issue raised is of great public importance and likely to recur.” In its Browning ruling, the Florida Supreme Court reinforced a person’s constitutional right to privacy in refusing life-sustaining treatment regardless of whether the illness is terminal or otherwise, and confi rmed the role of the health surrogate in enforcing a patient’s choice to forego treatment in the event the patient is incapacitated, following a three-part test to demonstrate clear and convincing evidence of the patient’s wishes: • The surrogate must be satisfi ed that the patient executed any document knowingly, willingly and without undue infl uence, and that the evidence of the patient’s oral declarations is reliable. Bill Allen (JD 91) is a bioethicist familiar with • The surrogate must be assured that the painful consequences the patient does not have a reasonable families face when a loved one has not established a probability of recovering competency living will. so that the right could be exercised SARAH KIEWEL/UNIVERSITY OF FLORIDA directly by the patient. you, somebody should go home and establishing advance directives and • The surrogate must take care to assure bring it back. It shouldn’t just be in outlining in a living will the kinds of that any limitations or conditions the attorney’s offi ce. Your attorney is treatments a patient would want helps expressed either orally or in the probably not going to know when you family members accept it when the written declaration have been carefully go into the hospital emergency room,” patient receives that care — even if it considered and satisfi ed. Allen said. means withdrawing or withholding life- Under Florida law a patient’s spouse Allen also observes that the families prolonging treatment. becomes health surrogate if the patient of patients who have spoken openly about “The Browning case established has not previously identifi ed one, but the level of care they want to receive that either through a surrogate decision- Allen encourages people to make their experience less dissension when a health maker, durable power of attorney choice clear to family and friends, so crisis hits. Identifying a health surrogate, for health care or a living will, or the diffi cult decisions the surrogate may

36 UF LAW have to make are more readily accepted. “The absence of they’re going to live forever,” said the “If you don’t make your choice clear, Hon. George W. Greer (JD 66), the Sixth the burden of proof is on your spouse a living will... Judicial Circuit Court trial judge who if anybody challenges or argues with presided over the Schiavo case. “Clearly, them,” said Allen. “If you choose your spawned a furious Terri Schiavo didn’t have a living will. surrogate, they’re presumed to know So, you had to go on statements that she what you want, and anybody challenging controversy made during her lifetime about situations them would bear the burden of proof. You and extrapolate from those.” can recognize what a huge advantage pitting right-to-life During the week of Jan. 24, 2000, that is.” advocates against Greer’s court considered the petition of It was not one Terri Schiavo or Michael Schiavo, In re: The Guardianship her husband, Michael, enjoyed when Florida law and the of Theresa Marie Schiavo, to remove the Terri went into cardiac arrest in the feeding tube sustaining Terri. The case early morning hours of Feb. 25, 1990. state’s judicial system.” was quickly mired in a volatile mix of Deprived of oxygen for too long, Terri’s discord and ugly accusations regarding cerebral cortex, the part of her brain fate of her family and spawned a money and motives between Michael that formed the thoughts and feelings furious controversy pitting right-to-life and Terri’s parents, Bob and Mary that made her Terri, suffered profound advocates against Florida law and the Schindler. damage that left her in a persistent state’s judicial system. In the absence of a living will, the vegetative state at the age of 26. She court’s task was to wade through the didn’t have a living will and hadn’t NOT JUST FOR THE AGED acrimonious allegations and counter- designated a health surrogate — the “Generally, young people don’t allegations between the parties involved absence of which sealed the fractured express wishes about end of life because to consider the law, and only the law,

Supporters of the Schiavo family hold a vigil outside the Woodside Hospice where Terri Schiavo was being cared for in Pinellas Park, Fla., March 22, 2005. AP PHOTO/CHRISTOPHER MORRIS/VII PHOTO/CHRISTOPHER AP

SPRING 2008 37 in determining the scope of Terri’s severe structural brain damage and to a incapacity and in establishing what oral large extent her brain has been replaced declarations she may have made before by spinal fl uid….” her injury regarding end-of-life wishes. The court also heard testimony from In his ruling, Greer wrote: fi ve witnesses regarding statements “The court is called upon to apply the Terri made during her lifetime about law as set forth in In re: Guardianship of her end-of-life beliefs. Those she made Estelle M. Browning, supra, to the facts as a child to her mother and a family of this case. This is the issue before the friend were found by the court not to be court. All of the other collateral issues… refl ective of her adult wishes. Michael are truly not relevant to the issue which testifi ed Terri made statements to him the court must decide. That issue is set in the context of her grandmother’s forth in the three-pronged test established experience in intensive care that if she by the Florida Supreme Court in the “was ever a burden, she would not want Browning decision, supra.” to live like that,” and after watching a In the Schiavo case, Greer heard television show depicting patients on expert medical testimony from Terri’s life support she told him she would “not attending physician and a neurologist, want life like that.” Terri’s brother- and The Hon. George Greer (JD 66) presided and reviewed the report of court- sister-in-law testifi ed she made separate over the controversial Terri Schiavo case. appointed Guardian Ad Litem Richard statements to them that “she wanted it L. Pearse Jr., Terri’s medical chart and stated in her will that she would want rises to the level of clear and convincing CT scans. On the basis of this evidence, the tubes and everything taken out” if evidence to this court.” Greer wrote, “…the court fi nds beyond she were in a hopeless coma, and after a The combined weight of these fi ndings all doubt that Theresa Marie Schiavo family funeral, “if I ever go like that, just led the court to conclude Michael’s is in a persistent vegetative state or let me go. Don’t leave me there. I don’t petition to remove Terri’s feeding tube the same is (sic) defi ned by Florida want to be kept alive on a machine.” did meet the requirements outlined in Statues (sic) Section 765.101 (12)… Based on this testimony, the court the “controlling legal authority” of the the overwhelming credible evidence found “these statements are Terri Browning case, and the petition was is that Terri Schiavo has been totally Schiavo’s oral declarations concerning granted Feb. 11, 2000. unresponsive since lapsing into the coma her intention as to what she would want In the fi ve years after the judgment, almost ten years ago, that her movements done under the present circumstances Terri, without her knowledge or consent, are refl exive and predicated on brain and the testimony regarding such oral became the center of international media stem activity alone, that she suffers from declarations is reliable, is creditable and attention and the focus of national pro-

Physician-assisted suicide, on the other “Dying is every bit as hand, splits public sentiment right down the A Right to Die? middle. Although 60 percent of Americans complicated as living.” The Oregon Death with Dignity believe individuals have the moral right to commit suicide when suffering from illness Oregon is the only state with a law Act provides legal umbrella to with great pain and no hope of improvement, allowing physician-assisted suicide, and, only 46 percent approve of laws that would even then, only under highly regulated physician-assisted suicide allow doctors to assist in those deaths. circumstances. The state’s Death with Dignity Despite American Medical Association Act, passed by public referendum in 1997, he truth is, a person’s right to die in condemnation of physician-assisted suicide, allows physicians to write prescriptions America really isn’t that controversial. some physicians say they have helped for lethal drug doses to adult, terminally ill T In fact, 84 percent of Americans their terminally ill patients die. Nationwide patients to ingest at a time of their own choice. polled by the Pew Research Center for People about 6 percent of physicians anonymously To qualify, patients must be residents of and the Press supported the right of individuals surveyed admitted to hastening the death of Oregon, of sound mental state, terminally ill with to decide whether they want to be kept alive at least one terminally ill patient upon the no more than six months to live, and must have by artifi cial means, and 70 percent agreed patient’s request. These physicians said they two medical opinions confi rming their illness. To there are circumstances when people should either prescribed a fatal dose of drugs or receive the prescription, the patient must orally be allowed to die. pushed the plunger on a lethal injection. request the physician’s assistance followed by a

38 UF LAW “To Greer’s great credit, no court ever found any legal grounds to overturn his judgment in the Schiavo case...” many commended his adherence to the law despite its difficult emotional aspects. “Judge Greer is one of my heroes,” Allen said. “I am so thankful he took the courageous path that he took, and I think he’s the reason we were able to avoid a constitutional crisis, because he was faithful to the law.” Although publicly vilifi ed by impassioned pro-life activists and the life protests. During the time between the “Even though the court ordered target of three death threats, the judge at ruling and her death on March 31, 2005, removal of the feeding tube, the the center of the Terri Schiavo maelstrom, her feeding tube was removed three times governor ordered it not to happen and the true to his stoic Scots heritage, remains and replaced twice; her person was taken Legislature passed a law that essentially unmoved in his faith to the law. into state custody, then returned to her only applied to Terri Schiavo. That’s “Life support is withdrawn on a daily guardian’s care, under Gov. Jeb Bush’s unconstitutional right there. It’s a clear basis across this country, and very few orders acting as erstwhile parens patriae; violation of separation of powers,” Allen of those cases make it into court,” Greer the U.S. Supreme Court issued four denials said. “This one family disagreement said. “It’s only the highly unusual case of certiorari on the case; and, at different almost produced a constitutional crisis. that ever gets to court.” times, both the Florida House and U.S. I think that is remarkable.” “My role as a trial judge is to decide Congress unconstitutionally violated the To Greer’s great credit, no court ever matters of controversy and apply the law separation of powers principle in their found any legal grounds to overturn if there is law. Period,” he said. “It gets zeal to intervene. his judgment in the Schiavo case, and pretty tough sometimes, but that’s it.” ■

formal, written request signed by two witnesses. of a terminal disease since the law went When asked if an act like Oregon’s The physician’s responsibility to the patient is into effect in 1998, 541 patients requested might work in Florida, Bill Allen (JD to ensure the patient is making a fully informed prescriptions under the act for lethal doses of 91), a UF College of Medicine associate decision, with the understanding that the patient medications and 341 patients chose to use the professor and director of the Program in can rescind the request at any time. prescriptions to end their lives. Bioethics, Law and Medical Professionalism Because physician-assisted suicide is so In 2007, the last year for which data is somberly responded, “It has taken me controversial, many fear it could become a available, 85 prescriptions for lethal drug years of teaching and consulting in this “slippery-slope” leading to arbitrary euthanasia doses were written under the provisions of area and thinking about public policy to of the old and infi rm or those who can’t afford the act, and 46 patients died after taking come to this conclusion, but dying is every medical treatment. So careful tracking and the dose. Friends and family members bit as complicated as living. Because of reporting procedures are in place to record close to the patients reported primary technology we can keep people alive a lot the number, case details and outcomes of end-of-life concerns infl uencing patients’ longer but sometimes in circumstances they patients who requested physician-assisted decisions to ingest the prescriptions as being don’t value. … we’re beginning to get to the suicide under the act. The data are gathered loss of autonomy (100 percent), inability point that we have to make choices about, and reported each year, and include surveys of to participate in activities that made life not whether to live or die, but the timing family members and loved ones who provided enjoyable (86 percent) and loss of dignity (86 and the circumstances. That’s a hard thing end-of-life care to the patients. percent). All but four of the patients died at to do and it’s very complex. It’s worth some Of the 98,942 Oregonians who died home, mostly under the care of hospice. thought.”

SPRING 2008 39 PARTNERS

Pictured left to right: Kendall Moore (JD 95), Jim Theriac (JD 74) and Greg Francis (JD 94), will serve as lead fundraisers in developing the scholarship. New Scholarship Created by UF Law Alumnus

hanks to a generous on the student body and future friend Kendall Moore, is a promise $100,000 challenge practitioners. to match the fi rst $100,000 pledged Tpledge from Jim Theriac, Announced at the Black Law or donated to this scholarship the Theriac-Moore Families Students Association Alumni fund,” said Dean Robert Jerry. “I Scholarship Reunion Weekend in Orlando in hope that our alumni and friends Fund has March by Dean Robert Jerry and will rise to this challenge and take “This could been created BLSA President Jonathan Blocker advantage of this match — plus, become our largest to promote to the students, faculty and alumni we hope, an eventual state match as endowment to diversity among in attendance, the funds will be used well — to leverage their own gifts enhance diversity in the law student to establish an endowed scholarship to this important fund and purpose. the student body.” population. for students of the law school to This could become our largest Alumni Kendall increase and improve interaction endowment to enhance diversity in Moore (JD across social lines of gender, race, the student body.” 95) and Jim Theriac (JD 74) are generation, geography and class for For additional information, very enthusiastic about the project the college. please contact Vince PremDas in and hope this scholarship fund “Jim’s commitment, which the Offi ce of Development and will have an everlasting effect also honors the family of his good Alumni Affairs at (352) 273-0640.

Contact Us: In Recognition of Recent Gifts and Pledges ■ Mary Joan and Sam H. Mann Jr. Winslow Homer, valued at more ■ McLin & Burnsed, PA pledged Offi ce of Development (JD 51) pledged $375,000 to than $120,000, currently on $100,000 to create The McLin and Alumni Affairs establish the Mary Joan and Sam display in the Lawton Chiles Legal & Burnsed Scholarship Fund to Fredric G. Levin H. Mann Jr. fund through their Information Center. honor the fi rm’s two founding College of Law estate plans. partners, Walter S. McLin III (JD

University of Florida ■ Sidney A. Stubbs Jr. (JD 65) made an 62) and R. Dewey Burnsed (JD ■ Joan K. and John H. Moore II (JD unrestricted pledge of $100,000. 65), both of whom passed away P.O. Box 117623 61) pledged $200,000 to establish last year. Gainesville, FL the John H. Moore II and Joan Kraft ■ The Robert S. & Mildred M. 32611-7623 Moore Endowment Fund through Baynard Trust pledged ■ Ellen B. Gelberg, Esq. (LLMT 77) (352) 273-0640 their estate plans. $100,000 to name the donated $73,500 to the Dennis Martin Levin judicial chambers in A. Calfee Eminent Scholar Chair in ■ Eva and William Gruman (JD 56) the new Advocacy Center. Federal Taxation. made a generous gift of art by

40 UF LAW Alumni Gift Establishes Summer Fellowship with Anti-Defamation League new summer fellowship has been 1909-2009 established with a generous gift Amade by Evan Yegelwel (JD 80). ATTENTION! Calling all Law Classes! Coordinated through the Center for the Study of Race and Race Relations, the Mark your Calendars: April 24-25, 2009 Summer 2008 Yegelwel Fellowship In celebration of the College’s 100-year provides a Anniversary, in 2009 we will be holding an all- $4,000 stipend classes reunion. Events will include the “Century to a UF Law student to participate in a Reception” Friday night, a BBQ and individual summer fellowship program at the Anti- Defamation League, Florida Regional “Decade Dinners” on Saturday. Plus, many more Offi ce in Boca Raton. fun, family-oriented activities and the induction Following an intensive applicant ceremony for the law school’s Heritage of selection process, Jana Wasserman (3L) Leadership Class of 2009. was chosen by David Rosenkranz of the Anti-Defamation League Southern Area Counsel to receive the fellowship. We need representatives from each decade to Wasserman’s fellowship will last eight be involved in reunion planning committees. weeks, and she will work a minimum Please contact Victoria Rudd if you are interested of 35 hours per week. As part of her in serving on the committee for your graduation fellowship, Wasserman will conduct year decade. 352-273-0640. research on hate crimes, housing discrimination, education, bullying, and other bias-related topics. Stay tuned for more information. The Yegelwel Fellowship is limited to UF Law students who have completed the fi rst-year required curriculum and Constitutional Law prior to the fellowship summer and who at the time of application are in good academic standing. Yegelwel is a partner in the Jacksonville law fi rm of Brown, Terrell, Hogan, Ellis, McClamma, & Yegelwel.

■ Fisher & Phillips LLP made a gift of Assistant Dean of Admissions $50,000 to establish the Rebecca Michael Patrick. “...alumni provide the real Jakubcin Labor & Employment Law Book Award Fund. ■ Lowndes, Drosdick, Doster, Kantor & margin of excellence for the Reed, PA made a pledge of $25,000 to college...It’s important to realize ■ Renee and Ladd H. Fassett (JD 79) the Law Review Endowment. made a $50,000 unrestricted pledge. that alumni help us not just ■ Vicki and Hal H. Kantor (JD 72) through their gifts, but also ■ Stumpy Harris (JD 65) made a pledged $25,000 to the Law Review $50,000 unrestricted pledge. Endowment. through their advocacy...”

■ Goldstein & Ray, PA pledged ■ Hans (LLMT 77) and Deborah $40,000 to establish the Goldstein Tanzler made an unrestricted and Ray Scholarship in honor of pledge of $25,000.

SPRING 2008 41 As a lawyer at a law fi rm that is dedicated to helping the poor, Walbolt has represented individuals in various pro bono cases, including representing migrant workers, the mentally ill and individuals on death row. Defending individuals on death row is a challenge but a “sobering experience,” Walbolt said. These cases are especially diffi cult because the clients are often not nice people, but the justice process still ought to work, she added. Walbolt challenges all lawyers to use their licenses to practice law to do their part in helping the poor. She also emphasized that trial lawyers are not the only lawyers who can do pro bono work. All Sylvia Walbolt Recognized lawyers regardless of their specialty can do some sort of pro bono work, for Pro Bono Work she said. It’s all about making

BY RACHEL ATTAL a difference in an individual’s the poor stems from her life, whether it involves going to hile following in the strong belief that lawyers are retirement communities on Saturday footsteps of fellow UF very privileged to have the mornings to help senior citizens fi le WLaw alumni, Sylvia opportunity to practice law and for social security or volunteering Walbolt (JD 63) found her passion have the obligation to uphold with guardian ad litem, Walbolt for pro bono work and created their oath of office by assisting explained. a legacy that will undoubtedly the oppressed. “There are so In addition to her achievements inspire future lawyers. many unmet legal needs of the as a shareholder of Carlton Fields, As a young lawyer in the true disadvantaged,” she said. the demonstrated champion of pro beginning of her career, Walbolt Although Walbolt has spent 44 bono causes has won numerous intently watched her mentor and years in the private sector at Carlton awards for her work, including UF Law alumnus William Reece Fields in Tampa, Fla., she said she the 2007 Florida Bar Presidents Smith Jr. (JD 49) — considers her pro bono work as the Pro Bono Service Award, ABA known as Mr. Pro “single most satisfying part of her Section of Litigation 2006 John “Pro bono work Bono throughout the law career” and has the full support Minor Wisdom Public Service is very gratifying country — provide of her fi rm. and Professionalism Award and because cases are legal counsel for the Carlton Fields prides itself as Stetson University College of Law not only won for less fortunate. Seeing an advocate for pro bono causes by 2005 Wm. Reece Smith, Jr. Public the difference he made providing the same caliber work for Service Award. individuals but in individuals’ lives pro bono clients as billable clients. Although she enjoys her also for the justice and the satisfaction Walbolt said her pro bono work is signifi cant role in her pro bono system itself.” he received from his very gratifying because cases are cases, Walbolt said balancing her experience, Walbolt not only won for individuals but private fi rm work and pro bono was motivated to do also for the justice system itself. “It caseload is no easy task. her part as a lawyer. truly shows that the system works “But, if you want something A proud “Double-Gator,” no matter whom the case involves,” done, give it to a busy person,” Walbolt’s motivation to help she said. Walbolt said.

42 UF LAW CLASS NOTES

1955 1966 1973 Robert Beckham, an attorney William B. Barnett has been Martha Barnett was awarded with Holland & Knight of Jackson- named as one of the “Best of The the 2008 Robert F. Drinan Award ville, was selected as this year’s Bar,” as published in the Orlando for Distinguished Service for her recipient of The Equal Justice Business Journal. commitment to the American Bar Award, the highest honor given by Association Section of Individual Beckham 55 Jacksonville Area Legal Aid (JALA). 1967 Rights and Responsibilities and its The award recognizes an attorney Eric Smith has retired as assistant mission of providing leadership to or organization who has most dean for external affairs at Florida the legal profession. assisted JALA staff in accomplish- Coastal School of Law. He has ing their mission of serving low- joined the Tallahassee and state- Gerald A. Rosenthal was named to income people on the First Coast. wide Maddox Horne law fi rm and 2008 Florida Super Lawyers for a opened a Jacksonville, Fla. offi ce second consecutive year. 1956 Harris 65 for the fi rm. Smith is also the pro- In 2007, Clifton R. “Pete” ducer and host of the television 1974 McDonald, Jr., gifted fi ve works program, “People and Politics,” Robert McAliley has been promot- of artist Charles Bragg to the which airs each Friday evening ed to partner of Rumberger, Kirk & University of Florida. The art will at 9:30 on Comcast Cable Chan- Caldwell in Orlando, Fla. be placed on display within the nel 29. Levin College of Law. Clifton 1976 resides in Williamsburg, VA. McCollum 68 1968 Mark P. Buell has been recognized 1960 Florida Governor Charlie Crist has as a leading trial lawyer in appointed attorney Kirk N. Kirkcon- Florida Super Lawyers, Best Senior Circuit Judge Thomas nell of Winter Park, Fla. to serve Lawyers in America and the M. Gallen was honored with a four-year term on the Judicial Legal Elite for 2008. Buell, of the Lifetime Achievement Award Nominating Commission (JNC) for the fi rm Buell & Elligett, is by the Manatee County Bar the Fifth District Court of Appeals. board certifi ed as a civil trial Association. lawyer and a business litigation Barnett 73 Attorney General Bill McCollum lawyer by The Florida Bar. Bay Area Legal Services announced gave the recent commencement the dedication of the “L. David address to 200 graduates of St. Leonard J. Cooperman has Shear Law Center.” The law center Thomas University in Miami Gar- been appointed a United States is named in honor of Shear for his dens, including 25 who received administrative law judge in record of service to the community their Juris Doctorates. Springfi eld, Mass., within the and provision of legal services to Social Security Administration. Rosenthal 73 the poor. 1971 1965 Howard Coker acted as leader in a U.S./Russia Joint Conference on Gordon H. “Stumpy” Harris the Rule of the Law in St. Peters- Share Your News has been elected as president- burg, Russia. The conference was The e-mail address to submit Class elect of the Gator Boosters co-sponsored by People to People Notes news has been changed organization for the University Ambassador Programs and the law to [email protected]. You also McAliley 74 of Florida. faculty at Russia’s St. Petersburg can mail submissions to: UF Law Magazine, Levin College of Law, State University. Leroy Moe is now the senior University of Florida, PO Box 117633, Gainesville, FL 32611. circuit court judge in the state. Kids Incorporated of the Big Bend Judge Moe was appointed judge honored Steve Uhlfelder with the If you wish to include your e-mail of the Broward County Court by 2007 Budd Bell Award at the 17th address at the end of your class Governor Askew in 1971, elected Annual Night of Champions Nov. note, please make the additions to the class note and provide per- circuit court judge in 1972, and 12, 2007, for his lifetime achieve- mission to print. has been re-elected fi ve times ment as an advocate for children. thereafter.

SPRING 2008 43 CLASS NOTES

January. He’s made presentations to 1977 the Million Dollar Round Table, at 1984 Linda A. Conahan, shareholder and the Financial Planning Association’s David J. Akins, a shareholder in the a member of Gunster Yoakley’s litiga- national meeting, the Georgia Society Orlando, Fla. offi ce of Dean Mead, tion department, was named a top of CPAs annual estate planning meet- was recently re-elected to the board litigation and real estate lawyer by ing, and many others. of directors and elected fi rst vice South Florida Legal Guide 2008. president of the Central Florida Wall 77 1980 Estate Planning Council for Gov. Charlie Crist appointed Hans 2008-2009. Charles A. Buford has joined the law Tanzler III (LLMT) as one of nine fi rm of Johnson Pope Bokor Ruppel & members to serve on the St. Johns Valenti Campbell Trohn Tamayo & Burns as a shareholder. Buford was River Water Management District Aranda in Lakeland, Fla., announced formerly a partner with Harper Kynes board. Tanzler is a certifi ed public Henry B. Campbell has joined the Geller & Buford and is a board- accountant and Florida Bar member fi rm as a partner. He is a civil trial certifi ed civil trial attorney, business Buford 80 who will represent the Lower St. lawyer who will continue to focus litigator and court-certifi ed mediator. Johns River Basin. his practice in general civil litigation, 1981 commercial litigation, and personal Dennis J. Wall has been selected injury defense law. PEN USA presented its 2007 Award by the editorial board of Insurance of Honor to several media attorneys, Coverage for Catastrophe Claims Brian D. Stokes has been designated including Thomas R. Julin of Hunton being published by Thomson West a named partner in the Orlando, & Williams. The award recognizes Publishing as a national leader in Fla. law fi rm of Unger Stokes Acree Leet 81 those who have done pro bono work insurance law. He is also one of six Gilbert Tressler & Tacktill, which at reduced fees to defend journalists coverage attorneys featured as a specializes in the defense of medi- against the vastly increasing num- chapter author in Catastrophe Insur- cal malpractice, products liability, bers of federal subpoenas and other ance Claims Coverage: Leading insurance claims and other complex actions. Lawyers on Evaluating a Catastrophe litigation. Claim’s Scope Investigating Claims McDonough Holland & Allen share- and Developing Strategies for Pros- 1985 holder James L. Leet (LLMT) was Hatcher 82 ecution and Defense. Wall served as Mark Klingensmith recently honored by the State Bar has been elected a guest speaker on A.M. Best Com- of California for his 20 years of as a city commissioner for the town pany podcast about “Web Logs and service as a certifi ed specialist in of Sewall’s Point in Martin County, Insurance Law.” Lastly, his Web log, taxation law. Fla. “Insurance Claims and Issues,” is the most popular and highest-ranked 1982 Neil Paulson was interviewed by the insurance Web log by the American New York Times on self-directed indi- The law fi rm of Zimmerman Kiser Risner 82 Bar Association. vidual retirement accounts. The arti- & Sutcliffe announced Stephen B. cle, “Exotic I.R.A.’s: Leaving Stocks Hatcher (LLMT) as its new president. 1978 and Bonds Behind,” was published Hatcher has been with the fi rm since Maurice Baskin has been named to Oct. 20, 2007. 1984 and focuses his practice in the Best Lawyers in America annual the areas of real estate transactions, legal rankings guide, published by Michael W. Smith has been named business transactions and planning Woodward/White, Inc. Gov. Charlie president of AIG Executive Liability. for taxable estates. Crist announced the appointment of Smith was formerly president of AIG Atkins 84 Jay P. Cohen of Orlando, Fla. to the Financial Lines Claims and joined U.S. Preventive Medicine® Fifth District Court of Appeals. AIG in 1996 as division counsel in announced the appointment of AIG Executive Liability’s professional Paul E. Risner as executive vice 1979 liability division. He subsequently president, general counsel. In his John J. “Jeff” Scroggin served as executive vice president (LLMT) has position Risner will be responsible for and chief underwriting offi cer before been appointed chairman of the Com- the company’s legal issues related his promotion to president. munity Foundation for North Fulton to its national and international Berg 86 in Georgia. Scroggin was quoted on operations, including acquisitions, 1986 the front page of the personal fi nance licensing agreements and investor David Berg section of The Wall Street Journal relations. He will be based in the has been named execu- on Oct. 19, 2007, and was profi led company’s new operations center in tive vice president for international as an estate planning professional Jacksonville, Fla. strategy & corporate development for in Wealth Management Business in Best Buy.

44 UF LAW Mickle Honored for Decade of Service on Federal Bench

BY ALINE BAKER

tephan P. Mickle (JD 70) disappointed any of us. In fact, he pulled into the driveway has lived up to what we expected Sof his parents’ house as a and more so.” young man and prepared to sell his Mickle is truly a man of fi rsts beloved red Chevy Malibu. who has gained the respect of his Selling this car marked the peers, co-workers and the legal defi ning moment when Mickle’s community for being an outstanding parents realized he was serious judge. He was the fi rst black about attending law school and no student to graduate from UF with a longer wanted to be a social studies bachelor’s in political science and teacher, his mother Catherine his wife, Evelyn Moore Mickle, was said. This decision to sell his car the fi rst black student to graduate for the good in people.” Judge Stephan Mickle was the fi rst step toward Mickle’s from UF’s nursing school. After In 1998, President Clinton embraces his wife Evelyn. Both Mickles made unprecedented career. being the second black student to nominated Mickle to the federal history at the University Since then, a decade of service graduate from UF Law, Mickle bench, which the U.S. Senate of Florida — Judge Mickle as one of seven African- as a U.S. Federal Judge in the joined the UF faculty as an assistant unanimously confi rmed. American undergraduate Northern District of Florida has Mickle has students first admitted been just one of Mickle’s many to UF in 1962 and the “...he has lived up to what always been second African-American contributions to the legal system a leader and to graduate from UF Law we expected and more so.” in 1970, and Evelyn as — contributions the Center for the advocate for the first African-American Study of Race and Race Relations equal justice but graduate of the UF College (CSRRR) honored at the Hilton has overcome of Nursing in 1967. University of Florida Conference professor while also becoming the diversity with honor while Center on March 28. fi rst black attorney to establish a law climbing the ranks as a judge. The CSRRR celebrated Judge practice in Gainesville, Fla. Mickle “He is living proof that Mickle’s outstanding leadership was the fi rst black man to receive diversity produces excellence,” and service to the community UF’s Distinguished Alumnus Award said UF Associate Professor during its spring 2008 lecture in 1999. Elizabeth Rowe. series, which brought together After having his own private Katheryn Russell-Brown, many of the university’s most law practice for seven years, director for the CSRRR, presented prestigious alumni. Those in Mickle became the fi rst black a plaque to Judge Mickle as a attendance included the fi rst black county judge for Alachua County symbol of his time at UF as a student to receive a UF Law and has been a judge ever since. student and educator and to honor degree, W. George Allen (JD 62), He served as a judge in Florida’s him for bearing witness of the the fi rst black student to graduate Eighth Judicial Circuit in 1984 changing times at the university from UF Medical School, Dr. before becoming the fi rst and since 1962. Reuben Brigety (MD 70) and only black lawyer from the Eighth “I really appreciate all that President J. Bernard Machen. Judicial Court appointed to the the center and law school has “I am very proud to see this day First District Court of Appeals. done, and it’s the kind of thing I because I always knew that it was “In September of 2009, I will feel humbled by,” said Mickle. in Stephan to be great and to help have been a judge for 30 years,” “I am thinking to myself that, ‘I his fellow man,” Allen said. “He Mickle said at the program. did this stuff,’ but it didn’t seem has accomplished so much, but I “During that time, I have seen the as signifi cant at the time and now expected it of him and everyone good, the bad and the ugly, yet I can see what they are talking else did as well. He has not every day I go to work and I look about.”

SPRING 2008 45 Light in the Storm Juliet M. Roulhac

BY JASON SILVER

hen it comes to UF Law alums powering up the legal profession all across the state, Juliet M. Roulhac (JD 87) Wis leading the charge as one of Florida Power and Light’s (FPL) senior attorneys. Roulhac, who serves both on the UF Law Board of Trustees and The Florida Bar’s Board of Governors, has been with the General Counsel’s Offi ce of FPL for the past eight years. She was an active student while in law school, taking part in moot court competitions, and was a leader in the Black Law Students Association. “Being on the moot court really allowed me to think on my feet and build confi dence, which worked out well because the experience led me into something I would eventually do,” she said. “Without the experience I may have never realized how much I love litigation.” Roulhac UF Law’s support of the Black Law Students Association while Roulhac was in school really made a difference in her leadership “When an emergency situation occurs, that’s when the real team development, she said. mentality of FPL kicks in because everyone is expected to pitch in and “The law school was always very supportive of sending BLSA help each other, no matter their role,” she said. “The biggest thing is members to represent UF Law at moot court competitions around the when everything shuts down around the offi ce; it has a major impact on country,” Roulhac said. “I interacted with amazing lawyers nationally the General Counsel’s Offi ce because most employees are out on storm and statewide, and I really appreciated the law school’s support.” duty.” In 2002, Roulhac took the leadership experiences she gained in law Roulhac says the daily challenges of having to work with diverse school to become the fi rst African-American to be president of the Young kinds of cases makes her job at FPL very appealing. Lawyers Division of the Florida Bar. The experience was tremendous, “There’s a great diversity in the types of matters we deal with in she said. the offi ce,” she said. “When I got here I had to learn about electrical “One of the greatest benefi ts is that you’re affi liated with leaders of engineering, which is something I found to be very exciting.” the bar and future leaders of the bar,” Roulhac said. “Whatever legal For current students who want to get involved with corporate law issues I have around the state, I can call someone in every circuit due to or a general counsel’s offi ce, Roulhac says knowing your client and the relationships I have built through the experience.” developing relationships are most important. Although she specializes in litigation with FPL, there’s never a dull “My advice is that you develop client relationships, and understand moment around the Miami offi ce, especially when a hurricane comes the business,” she said. “The reality is that anything you do may impact through the state. the organization.”

Hal R. Bradford has joined the law Asifa Sheikh and her family have held at the University of South Flori- offi ces of Moyle Flanigan Katz Breton endowed a professorship in the da’s Sarasota Campus on May 16. White & Krasker as an associate. He University of Florida Department practices in the areas of real estate, of Religion. The professorship, 1987 land use and development law. honoring the life of the family Carlton Fields Miami Shareholder matriarch, Izzat Hassan Sheikh, Gary M. Pappas recently served Fisher & Phillips LLP, a national intends to foster a greater under- Mandel 86 as a presenter for a webinar titled labor and employment law fi rm, standing of Islam in the modern “Trouble From China” on behalf of announced that Jeffrey Mandel is among world. the Sporting Goods Manufacturers fi ve of Florida’s most respected labor and Association. The webinar focused employment attorneys who have joined David A. Wallace served as on domestic products liability issues the Firm’s Orlando, Fla. offi ce. a panelist at the Sarasota County arising from products or component Bar Association’s Appellate Practice parts made in China. Hugh W. “Bill” Perry has been named Section CLE seminar titled, “Inside Wallace 86 the new managing shareholder for Gun- the Second District: A Presentation Kurt M. Spengler, a senior partner ster Yoakley. for Trial and Appellate Lawyers,” residing in the Orlando, Fla. offi ce of

46 UF LAW CLASS NOTES

Wicker Smith O’Hara McCoy & Ford, Valenti Campbell Trohn Tamayo & was named to the American Board of Aranda in Lakeland, Fla., announced 1994 Trial Advocates (ABOTA). ABOTA is a Jonathan Trohn has joined the fi rm as a Roetzel & Andress announced Michael national association of experienced trial partner. Trohn is a civil trial lawyer, who McNatt is the fi rst attorney in Orlando, lawyers and judges dedicated to the will continue to focus his practice in Fla. to become a U.S. Green Build- preservation and promotion of the civil general civil litigation, commercial liti- ing Council LEED Accredited Profes- sional (LEED AP). He was also recently jury trial right provided by the Seventh gation, and personal injury defense law. Morris 89 Amendment to the U.S. Constitution. appointed to the Sustainable Develop- Johnathan Short is now senior vice ment National Forum of the National 1988 president and general counsel of Inter- Association of Industrial and Offi ce Prop- erties (NAIOP) and elected its chairman. Timothy Campbell is the new chair- Continental Exchange (ICE), a New man of the 2,100-member Lakeland York Stock Exchange company. Area Chamber of Commerce. 1995 Kathleen Smith was appointed by The law fi rm of Broad and Cassel Amos 90 R. Scott Costantino of the Jackson- Gov. Charlie Crist to serve as head of announced the addition of Thomas ville, Fla. fi rm Liles Gavin Costantino the Offi ce of the Public Defender in G. Norsworthy, of counsel, who joins & George has been elected to the the Twentieth Judicial Circuit serv- the Firm’s Orlando, Fla. offi ce and American Board of Trial Advocates. ing Charlotte, Collier, Glades, Hendry the Affordable Housing and Tax Credit ABOTA is a national organization and Lee counties. She had previously Practice Group. devoted to the preservation of the served as assistant deputy public right to trial by jury. He is a board- defender for the agency, which rep- 1996 Osborne 90 certifi ed civil trial lawyer and spe- resents criminal defendants unable Gov. Charlie Christ appointed Holly cializes in complex personal injury, to afford their own lawyers, replacing Benson to serve as secretary for the wrongful death and medical negli- Robert Jacobs II, who died in Decem- Florida State Agency for Health Care gence cases. Costantino resides in ber after suffering a stroke. Administration. Ponte Vedra Beach with his wife and four children. 1991 William T. Hennessey, a litigation William N. Halpern, real estate attor- attorney and shareholder at Gunster Halpern 91 Valenti Campbell Trohn Tamayo & ney with the law fi rm of Shuffi eld- Yoakley & Stewart in West Palm Aranda in Lakeland, Fla., announced Lowman, was recently named a fi rm Beach, Fla., has been elected a fellow James C. Valenti has joined the fi rm shareholder. of the American College of Trust and as a managing partner. Valenti is a Estate Counsel (ACTEC). He is one of civil trial lawyer who will continue John V. Tucker was recently elected to approximately 138 lawyers in Florida to focus his practice in general civil the board of trustees of the National and 2,700 nationwide to earn this litigation, commercial litigation, and Multiple Sclerosis Society, Mid-Florida distinction. He was also named an personal injury law. Chapter. Tucker practices law with “Up & Comer” in trust and estate liti- Tucker 91 Tucker & Ludin, P.A. in Clearwater, gation and estate planning by South 1989 Fla. where he is managing sharehold- Florida Legal Guide 2008. Stuart R. Morris, founding partner of er. Tucker also was a feature speaker Morris Law Group in Boca Raton, Fla., at the Multiple Sclerosis Society Mid- Christopher A. McMican (LLMT) has been named to Worth Magazine’s Florida Chapter Seminar titled “Finan- was promoted from senior counsel Top 100 Attorneys list for the second cial Planning for a +Life with MS,” to principal for the law fi rm of Miller year in a row. where he spoke on applying for and Canfi eld in Detroit, Mich. His practice Norsworthy 95 receiving disability benefi ts. 1990 Best Lawyers Joseph “Joe” L. Amos was appointed 1992 in America Morgan R. Bentley has been selected by The Florida Bar to serve on its As an addendum to the list by The Florida Bar for its 2008 Flor- Supreme Court Standard Jury Instruc- published in the last issue of tions Committee for Civil Courts. ida Bar President’s Pro Bono Service UF Law of those who informed Award. He was one of 20 winners. us of their selection, we’d like Hennessey 96 Joseph A. Osborne, a partner in the to add the following: plaintiffs’ trial law fi rm Babbitt John- Jeffery M. Goodz has joined the law • James Cobb (JD 58) son Osborne & Le Clainche in West offi ces of Moyle Flanigan Katz Breton • Linda Conahan (JD 77) Palm Beach, Fla., has been accepted White & Krasker as an associate. He • Maurice Baskin (JD 78) • Michael Simon (JD 88) into the Multi-Million and Million- practices in the areas of employment • Stephen Vogelsang (LLM 87) Dollar Advocates Forums. and labor law. McMican 96

SPRING 2008 47 focuses on employee benefi ts law with Harvey E. Oyer III, a fi fth-generation an emphasis on qualifi ed retirement native of Palm Beach County, has 2000 plans, nonqualifi ed deferred compen- joined the statewide law fi rm Shutts & The Law Firm of Shutts & Bowen sation, health and welfare benefi ts, Bowen in West Palm Beach as a part- announced the election of Roland and estate planning. ner and will chair the offi ce’s land use Gallor as a new partner of the practice group. Miami offi ce at its recent annual meeting. He is a member of the Goetz 97 1997 fi rm’s real estate department and The managing shareholder of Asbell Ho Broad and Cassel announced Stephen focuses his practice on the transfer Klaus Goetz & Doupé, Nicole L. Goetz, Grave de Peralta has been named a of commercial property. This rep- and associate attorney Stephanie partner with the south Florida fi rm resentation includes acquisitions, Sussman, made a presentation at the and is a member of the fi rm’s cor- sales, leasing and lending. He works Trusts and Estates Section meeting of porate and securities and real estate with banks and other lending insti- the Collier County Bar Association on practice groups. He has been with the tutions, as well as developers and March 7. The title of the presentation fi rm since 2000. Archibald 98 property owners. was “Can You Trust Your Trusts and Pre- sume Your Prenuptials Will Protect Your Michelle Tomlinson Williams was The Orlando, Fla. fi rm of Lowndes, Clients?: A Brief Overview of Family Law invited to be the keynote speaker at Drosdick, Doster, Kantor & Reed for the Estate and Trust Practitioner.” the Caribbean Law Student’s Associa- tion Banquet at the UF Levin College announced Jill Harmon has been elevat- ed to a partner/shareholder. Pardis Zomorodi was elected part- of Law. Ms. Tomlinson Williams is ner of Latham & Watkins in Los senior director & counsel at Hilton Advanced Disposal Services, Inc., Murena 98 Angeles, Calif. She is a tax attorney Grand Vacations, which develops, a regional provider of integrated with a focus on the federal income sells and operates timeshare resorts solid waste collection, transfer, and taxation of corporations, partner- for Hilton Hotels Corporation and the disposal services announced the hir- ships and real estate investment Blackstone Group. She is lead counsel ing of Christian Mills to the newly- trusts, including planning and struc- for the resort operations, international, created position of vice president- turing mergers, acquisitions and information technology and associa- general counsel. Mills will work out of fi nancing transactions. tion governance practice areas, and handles general corporate matters. Advanced Disposal’s corporate offi ce Fruit 99 1998 in Jacksonville, Fla. Michael G. Archibald, of Marshall, 1999 Brian and Beth Mulligan were blessed Dennehey, Warner, Coleman & Goggin Kara K. Baxter, an associate with the with the birth of their second child, in Tampa, Fla., was named a share- law fi rm Greenberg Traurig, has been Jake Donal Mulligan, born Sept. 22, holder of the fi rm. designated as a Leadership in Energy 2007. Their fi rst son, Quinn Michael and Environmental Design Accred- Mulligan was born in July of 2006. Rebecca C. Cavendish, a shareholder ited Professional (LEED AP) by the Gallor 00 and member of Gunster Yoakley & Stew- United States Green Building Council The law fi rm, Quarles & Brady, arts’ litigation department, was named (USBGC). announced David Pash joined the an “Up & Comer” in complex commer- fi rm’s trusts & estates group in the cial litigation and employment by South The Law Firm of Shutts & Bowen Naples offi ce. Florida Legal Guide 2008. announced the election of Andrew J. Fruit as a new partner of the Tampa The Orlando, Fla. law fi rm of Zimmer- Jason Gonzalez, general counsel offi ce at its recent annual meeting. He is Harmon 00 man, Kiser & Sutcliffe, named Jeremy to the Republican Party of Florida, a member of the corporate department S. Sloane as a new shareholder for is Gov. Charlie Crist’s new full-time and represents clients in mergers and 2008. general counsel. He is a shareholder acquisitions matters, while focusing on at Ausley & McMullen, an old-line corporate law, contracts, securities and The Law Firm of Shutts & Bowen Tallahassee fi rm, and is a member of corporate fi nance. announced the election of Ricardo the Florida Supreme Court Judicial J. Souto as a new partner of the Nominating Commission. Candy Messersmith has been pro- Miami office at its recent annual Sloane 00 moted to partner of Rumberger, Kirk meeting. He is a member of the Miami attorney Kenneth Dante Mure- & Caldwell in Orlando, Fla. International and Tax Practice na has recently become of counsel to Group, where he concentrates his the law fi rm of Damian & Valori. His Stefan Rubin, a partner with Ruden practice in taxation, estate plan- area of practice will continue to con- McClosky’s Orlando, Fla. offi ce, was ning and business planning. He centrate on commercial, bankruptcy named among the “Best of the Bar” advises foreign clients with respect and fraud litigation. by the Orlando Business Journal. to investments in the United States Souto 00

48 UF LAW A Lifetime of Service Robert M. Ervin BY ALINE BAKER

t 92, he is the oldest living past president of The Florida Bar, but that doesn’t stop Robert M. Ervin (JD 47) from maintaining Aan active role in the legal profession. In acknowledging Ervin’s dedication and service to the fi eld, the Tallahassee Bar Association (TBA) honored its oldest active member by naming the new Lawyers’ Commons in the Leon County Courthouse after Ervin. TBA President Meredith Trammell Roop announced on Aug. 7, 2007, that the TBA board voted unanimously for the “Robert M. Ervin Lawyers’ Commons” and held a ribbon-cutting ceremony after the completed construction in March. “Most people do not know the depth of Bob’s service to our Bob Ervin (right) with Tallahassee Bar Association President Meredith Trammel profession both directly and indirectly, but are even more unaware of Roop during a recent TBA meeting. (PHOTO his contributions of infi nite time, energy, vision and dedication to our COURTESY OF TALLAHASSEE BAR ASSOCIATION.) citizenry outside of the bar associations,” Trammell Roop said. “He is probably the most accomplished person I have ever known, yet he is a man full of humility and compassion who never misses a chance to be served as president of the TBA, served on the Florida Constitution nice to others.” Revision Commission, authored much legislation, as well as articles in Ervin’s service to his country is something many of his friends and various scholarly publications. co-workers admire him for as well. In the middle of his law school “We can all learn how to practice our profession, treat others, to career, Ervin, a “Double-Gator,” left to join the U.S. Marine Corps get the job done, and to make the world a better place,” Trammell during World War II and served for two tours before being discharged Roop said. “Bob Ervin’s list of accomplishments and successes serve in 1946 with the rank of Major — all before completing his law as a blueprint for how to get the most out of a law degree and how to degree. Ervin continued this patriotism as a retired Colonel of the use every opportunity in life to make a difference rather than just get USMC, leading the organization of and commanding the Marine Corps by.” Reserve Staff Unit (VTU 6-13) in Tallahassee for 18 years. “My debt of gratitude to the University of Florida, particularly His leadership and accomplishments on paper do not begin to to the College of Law is boundless; not simply for the formal and illustrate the wonderful contribution and infl uence Ervin has made on professional training but the commencement of my ‘Gator Nation’ attorneys throughout the state. Throughout his illustrious career, Ervin awareness,” Ervin said.

and related income tax and estate Brad Gould, an associate with the for Charlotte County Habitat planning matters. law fi rm of Dean Mead, has been for Humanity. elected chairman of the board for 2001 Big Brothers Big Sisters of St. Lucie, David M. Migut, assistant city Brandon Biederman was recognized Indian River and Okeechobee coun- attorney for the City of Fort Myers, by the South Florida Business Journal ties. Gould has been on the board has become board-certifi ed by The since 2005 and has also served as Florida Bar in city, county and local during the journal’s 2007 Up & Com- Gould 01 ers Awards ceremony. “UP & Comers” vice president. government law. awards recognize the outstanding young business leaders under the age The Orlando, Fla. law fi rm of Zim- Roger H. Miller III was named of 40 who are making their mark in merman, Kiser & Sutcliffe, named shareholder with Farr Farr Emerich South Florida. Katherine E. McKinley as a new Hackett & Carr, of Punta Gorda, Fla. shareholder for 2008. Miller concentrates his practice in the areas of real estate and civil liti- The law fi rm of Arnstein & Lehr McKinley 01 announced Loren W. Fender has Roger H. Miller III was named gation and also serves as president become a member of the fi rm. Fender’s a shareholder with Farr, Farr, of the board of directors for Charlotte practice is concentrated on commer- Emerich, Hackett & Carr, of Punta County Habitat for Humanity. cial and tort litigation with emphasis Gorda, Fla. Miller concentrates his in complex product liability matters practice in the areas of real estate The Florida business law fi rm involving catastrophic personal injury and civil litigation. He is also serving Berger Singerman announced and wrongful death. as president of the board of directors Marc S. Shuster has joined the Shuster 01

SPRING 2008 49 Double Gator appointed UF Trustee S. Daniel Ponce

BY RACHEL ATTAL ov. Charlie Crist appointed S. Daniel Association. He also was a past president Ponce (JD 73) to succeed Manny of the UF National Alumni Association. He GFernandez as a member of the recently was named president and chairman of University of Florida Board of Trustees. Ponce’s the Orange Bowl Committee. term as UF trustee began Jan. 8. He joins two Ponce was the keynote speaker at the other UF Law alums who have served as UF Levin College of Law’s commencement trustees, Courtney Cunningham (JD 86), who ceremony May 9. continues to serve on the board, and C. David Ponce is president and chairman of Brown II (JD 78) whose term expired Jan. 6. the Orange Bowl Committee and is on the Ponce, 59, of Gainesville, is a “Double- executive board of the New World School of Gator” who received his bachelor’s degree in the Arts in Miami. He is a member of the board business (BSBA) with honors in 1970 and his of directors of the UF Foundation, serving on law degree in 1973, both from the University the Audit and Finance committees and also of Florida. He is a partner in Legon Ponce currently serves on the University of Florida & Fodiman P.A., a law fi rm based in Miami. Athletic Association Board, having served on Ponce also is chairman of the board of Imperial the Audit Committee, Finance Committee Industries Inc., a NASDAQ-traded company. and the Athletic Director Search Committee. Ponce, former Florida Blue Key president, “I’m honored that the governor has given Ponce has served for many other organizations has been a lawyer in the State of Florida me the opportunity to serve the university that and has received many awards, including the since 1974, a certifi ed public accountant I love so much,” Ponce said. “I look forward to University of Florida Hall of Fame. since 1972, and is admitted to practice law working with the other trustees in guiding the Ponce served as Senator Bob Graham’s in all courts of the State of Florida and federal university toward its goal of being among the special counsel in Washington, D.C. in 2002. Courts, including the United States District top 10 public universities in America.” Ponce was formerly assistant general counsel courts for the Southern, Middle and Northern Ponce already serves UF as a member of and acting executive assistant to the State Districts of Florida, the Eleventh and Fifth the boards of University of Florida Foundation of Florida Comptroller and cabinet offi cer Circuit Court of Appeals and the United States and the University of Florida Athletic (1974-75). Supreme Court.

fi rm as an associate. He is a real property disputes, landlord and member of the transaction team 2003 tenant, and fi rst party insurance based in the fi rm’s Fort Lauderdale, Laura Leslie-Schuemann has coverage. Fla. offi ce. recently joined the Stuart offi ce of Gunster Yoakley & Stewart. Carlton Fields’ associate, Karen L. Fisher & Phillips LLP, a national She is a private wealth services Persis, was appointed president- Young 01 labor and employment law fi rm, attorney who concentrates her elect of the Central Florida Gator announced David Young is among practice in trusts and estates, Club – the largest alumni chapter fi ve of Florida’s most respected labor tax preparation and estate of the University of Florida Alumni and employment attorneys who have planning. Association. joined the fi rm’s Orlando, Fla. offi ce. Cristina Papanikos has recently 2005 2002 joined the West Palm Beach, Fla. After law school, Jennifer C. Persis 04 offi ces of Gunster Yoakley & Reuben A. Doupe has become Finch worked as in-house Stewart. She is a litigation a shareholder with the marital counsel for Sunterra Corporation attorney and concentrates her and family law fi rm of Asbell Ho in Las Vegas, Nev. In September practice in estate, trust and Klaus Goetz & Douopé in Naples, of 2007, she took an in-house guardianship litigation, as well Fla. He will continue to practice position with Starwood special- as employment litigation. exclusively in marital and family izing in registrations and govern- law. ment relations, working out of Gobeo 05 2004 Orlando, Fla. The Sarasota, Fla. law fi rm of Chad M. Muney has joined Williams Parker Harrison Dietz the law offi ces of Moyle Flanigan Fisher & Phillips LLP, a national & Getzen announced Jennifer Katz Breton White & Krasker as an labor and employment law fi rm, Lodge has joined the fi rm’s associate. His practice focuses on announced David Gobeo has joined litigation department. business litigation, construction law, the fi rm’s Fort Lauderdale, Fla.

Sheesley 05

50 UF LAW offi ce as an associate. He 2006 Dear Editor... will focus his practice on employment litigation, Amy Fletcher has joined the National Veterans Legal Ser- UF Law welcomes your feedback. including discrimination, Terrell 05 Send letters to Lindy Brounley, harassment and wage and vices Program in Washington, UF LAW Editor, UF Law hour claims. D.C. as a staff attorney. Communications, P. O. Box 117633, Gainesville, FL 32611-7633, McGlinchey Stafford Brian McAlhaney has joined Nel- or e-mail it to [email protected]fl .edu. announced that Robert D. son Mullins Riley & Scarborough in Sheesley has joined the Greenville, S.C., to practice in the fi rm as an associate in area of intellectual property law. New Orleans, La. Sheesley Fletcher 06 practices in the commercial 2007 litigation section of the James M. Bandoblu Jr. (LLMT) has fi rm and has considerable joined Hodgson Russ LLP’s Feder- experience representing al/International Tax Practice Group private employers in labor in the fi rm’s Buffalo, N.Y. offi ce. and employment litigation

and compliance matters. Daniel J. Cooper has joined the McAlhaney 06 law fi rm of Armstrong Teasdale Mark W. Terrell (LLMT) in St. Louis, Mo. and focuses his joined the Orlando, Fla. practice primarily in the areas offi ce of Dean Mead as an of tax, employee benefi ts, trusts associate in the estate and and estates, and public law and succession planning department. fi nance.

 IN MEMORIAM online at www.law.ufl .edu/in_memoriam.pdf Bandoblu 07

Young Lawyer Meets the Bar Jewel White Cole BY RACHEL ATTAL including sponsoring numerous continuing legal education (CLE) programs throughout the year riple-Gator Jewel White Cole (JD 95), and hosting networking activities with local bar the youngest of four children and fi rst in associations. Ther family to graduate from college, is However, these programs couldn’t be used to making big strides. The latest one is implemented successfully without the division’s as president of The Florida Bar Young Lawyers continuous efforts to forge partnerships with Division, an offi ce she will take in June. other organizations, such as the Florida Bar Cole doesn’t mind spending her nights Foundation, for grants to successful execution and weekends planning for her new leadership of the projects. “It is a way to spread money position because of the numerous community around the state for great member and outreach opportunities it will offer. Everything community programs,” she said. “Our division in the organization is focused on serving includes the true worker bees of The Bar.” policy making at the staff level. “I’m working to members or the community, she said. “It is my This fi fth-generation Ft. Myers native spent truly shape the future of the county,” she said. goal to educate current and future attorneys eight years in Gainesville, where she received a “I have become more of a jack-of-all trades.” that The Florida Bar not only regulates but bachelor’s degree in sociology, master’s degree Cole is board-certifi ed in city, county and local helps attorneys do meaningful things for the in urban and regional planning and JD. After government law by The Florida Bar. community.” graduating from law school, Cole moved to Although Cole grew to love Gainesville, As president, Cole’s initiatives will be to Clearwater, Fla., and began working as a land she had a diffi cult time leaving her beach-fi lled continue the division’s focus on student outreach use attorney at the Pinellas County Attorney’s weekends behind in Ft. Myers before attending to current law students at Florida’s 10 law Offi ce. “Working in the public sector of land use college. “I was a beach bum kid and suffered schools and working towards developing a law and environmental law allows me to be part of from severe separation anxiety from the beach,” student division of The Florida Bar to facilitate the solution in Florida,” she said. During her 12- she said. But after one year in Gainesville, Cole more networking opportunities. The Florida year stint, her position has morphed into more appreciated the city’s differences. “There is Bar Young Lawyers Division also provides of an in-house counsel position than litigation, something in the air up there in Gainesville,” professional opportunities for current attorneys, including writing ordinances and helping direct she said. “I’m always proud to be a Gator.”

SPRING 2008 51 NOTAS BENE

Faculty Scholarship & Activities symposium “A Climate of Disruption: Legal Measures for Adaptation and Mary Adkins Directions” to the CLE International, Mitigation,” Feb. 15. Legal Skills Professor Tampa, Fla., Nov. 29, 2007. ■ Presented a paper titled, “A Long ■ Selected to receive an Association of ■ Presented “Harnessing the Power Slow Flood: Comprehensive Coastal Legal Writing Directors 2008 Summer of Science in Environmental Law: Adaptation Planning for Sea Level Research Grant to fund the project, Why We Should, Why We Don’t, Rise” at the Widener Law Review “Effects of the ‘Wired Courtroom’ on and How We Can” at the Texas Law annual symposium “Living with Appellate Practice and Review.” Review’s Symposium “Harnessing Climate Change: Legal Challenges in ■ Argued Herbert Price v. State the Power of Information for the Next a Warmer World,” April 15. before the Florida Supreme Court in Generation of Environmental Law” at ■ Served as UF Provost’s Faculty December. the University of Texas Law School, Fellow for Sustainability and Feb. 1. in that capacity directed the Mary Jane Angelo development of an undergraduate Associate Professor Thomas T. Ankersen minor in sustainability approved ■ Published “The Killing Fields: Legal Skills Professor; Director, by the university-wide curriculum Reducing the Casualties in the Battle Conservation Clinic, Center for committee. The minor is unique in Between U.S. Endangered Species Governmental Responsibility its incorporation of a service learning and Pesticide Law,” 32 Harvard ■ Served on Florida Building capstone based partly on a clinical Environmental Law Review 95 Commission’s Green Building Task model, 2008. (2008). Force, which developed a model ■ Presented a white paper, with ■ Published the book chapter green building ordinance for Florida conclusions and recommendations “Reforming the Federal Insecticide, based in large part on the ordinance for a comprehensive reform of Fungicide, and Rodenticide Act” in the UF Law Conservation Clinic Florida’s boating laws, to the Florida CPR for the Environment: Breathing developed for the City of Gainesville, Boating Advisory Council under New Life into the Nation’s Major Fla. November – February. contract with the Florida Fish and Environmental Statutes, A Legislative ■ Presented a paper titled, “Lawyers Wildlife Conservation Commission, Sourcebook of Progressive Ideas (and law students) without Borders: 2008. for Members of Congress and Staff Transnational Collaboration in ■ Moderated the closing policy (Alyson Flournoy and Matthew Climate-induced Endangerment synthesis for the UF Water Institute Shudtz, eds.) (2007) Petitions Under the World Heritage Symposium “Sustainable Water ■ Presented “Florida Wetlands, New Convention” at the Michigan Resources: Florida’s Challenges; Case Law, New Regulations and New State Journal of International Law Global Solutions,” Feb. 27-28.

Faculty Profi le: Bill Page

Page to Serve as Senior Associate Dean telecommunications, local government, intellectual for Academic Affairs property, constitutional law and energy policy, has a J.D. from the University of New Mexico and an LL.M. rofessor Bill Page will begin serving from the University of Chicago. He came to UF Law this summer as UF Law’s senior from Mississippi College School of Law, where he Passociate dean for academic served as the J. Will Young Professor of Law. affairs. Page joined UF Law in 2001 as “I believe Bill is an excellent choice, and that the Marshall M. Criser Eminent Scholar he is the right colleague to serve in this leadership in Electronic Communications and role,” Dean Robert Jerry said. Administrative Law. Page is the author of The Microsoft Case: Page, whose teaching and Antitrust, High Technology, and Consumer Welfare, scholarship includes antitrust, civil among other books, and has extensively published procedure, administrative law, articles in prominent law journals.

52 UF LAW ■ Moderated the closing plenary Time Magazine, March 3, 2008 of the 14th Annual UF Law Public Interest Environmental One of the things about these high risk activities is Conference “Reducing Florida’s that if you’re going to participate in them you assume Footprint: Stepping Up to the Global “ a certain kind of risk…. Is the thing that killed him Challenge,” Feb. 28 - March 1. something that you normally associate with shark watching? Or, is it something that could have been Dennis A. Calfee Professor; Alumni Research Scholar avoided had the company used reasonable care? ■ Named Distinguished Accredited —Lyrissa Lidsky, Professor; UF Research Foundation Professor ” Estate Planner by the National Speaking on the question of whether a tour operator failed to use LIDSKY Association of Estate Planners and reasonable care when he took a group of tourists diving with sharks, one of whom was attacked by a shark and killed, without the use of cages. Councils, 2008.

Charles W. Collier Elizabeth Dale several other sections at the AALS Professor; Affi liate Professor of Affi liate Professor of Law; Annual Meeting in New York City, Philosophy Associate Professor of Constitutional held Jan. 2-6. ■ Published “Presidential Debates and and Legal History, Dept. of History Deliberative Democracy,” 117 Yale ■ Published “Death or Nancy E. Dowd Law Journal Pocket Part (2008). Transformation? Educational Chesterfi eld Smith Professor of Law ■ Published article, “Terrorism as an Autonomy in the Roberts Court in the ■ Published “Multiple Parents/Multiple Intellectual Problem,” in 55 Buffalo L. 2006-2007 Supreme Court Review,” Fathers,” 9 Journal of Law and Family Rev. 815 (2007) guest editor Erwin Chermerinsky, 43 Studies 231 (2007) “Keeping it Real: Tulsa Law Review (2008). Fathers, Masculinities and Work/ Professor Stuart R. Cohn ■ Published “People v. Coughlin and Family Policy,” presented at New Gerald A. Sohn Research Scholar; the Criminal Jury in Late Nineteenth- Legal Realism meets Feminism & Associate Dean for International Century Chicago, as part of a Legal Theory II: Empirical Perspectives Studies symposium issue on the Modern Jury on the Place of Law in Women’s Work ■ Published “Capital Offense: The published in 28 Northern Illinois and Family Lives, Oct. 5-6, 2007 at SEC’s Continuing Failure to Address University Law Review (2008). the University of Wisconsin. Small Business Financing Concerns,” ■ Published “Employee Speech ■ Speaker for Law Association for 4 NYU J. Law & Bus. 1 (2007). & Management Rights: A Women, Women’s History Month, ■ Gave an address at the ABA Counterintuitive Reading of Garcetti March 20, on work/family issues and International Law Section Conference v. Ceballos,” 29 Berkeley Journal of gender issues in law school. in New York, April 4, on “Legal and Employment & Labor Law (2008). Financial Developments in Cross- ■ Published “Criminal Justice in Mark Fenster Border Finance Between Africa and the United States, 1780-1920: Professor; UF Research Foundation the United States.” A Government of Laws or Men?” Professor 2 Cambridge History of Law in ■ Presented “The Dilemmas of Local Jonathan R. Cohen America (Christopher Tomlins and Transparency” at Hastings College of Professor; Associate Director, Michael Grossberg, eds.) (2008) Law in San Francisco (2008). Institute for Dispute Resolution ■ Published “Review Essay: Two ■ Presented “Thurman Arnold and ■ Published “Coping with Lasting Ways of Looking at the Founding,” Legal Theory” at the American Social Injustice,” 13 Washington and 35 History: Reviews of New Books Studies Association Annual Meeting in Lee Journal of Civil Rights and Social 129 (2008). Philadelphia (2008). Justice 259-283 (2007). ■ Selected to receive a University Patricia E. Dilley of Florida Research Foundation Jeffrey Davis Professor Professorship Award for 2008-10. Professor; Gerald A. Sohn Scholar ■ Presented “Work and Institutions” These professorships recognize faculty ■ Published “Florida’s Beefed-Up at a session on “Gender and Class: who have established a distinguished Assignment for the Benefi t of Creditors Voices from the Collective,” held record of research and scholarship as an Alternative to Bankruptcy,” 19 by the Section on Women in Legal expected to lead to continuing U.F. J. L. & Pub. Pol. 17, (2008). Education and co-sponsored by distinction in their fi elds.

SPRING 2008 53 Jerold H. Israel South Florida Sun-Sentinel, Nov 25, 2007 Ed Rood Eminent Scholar in Trial Advocacy and Procedure The chances that the Supreme Court would hear the ■ On Dec. 21, 2007, Thomson/ case and ultimately decide it’s unconstitutional are not “ West published the 3rd edition of the great. But there still is the risk, and someone has to Criminal Procedure treatise, which pick up the legal tab. was co-authored by Israel. Originally published in three volumes in 1984, —Michael Allan Wolf, Richard E.” Nelson Chair in Local Government Law; Professor Quoted regarding the potential for a court battle that may be faced by Proposition the treatise has grown to seven I, the property tax amendment passed by Florida voters in January. Wolf said volumes in its third edition. Professor courts have upheld the constitutionality of Save Our Homes because it promotes Israel wrote 10 of the treatise’s 28 stability in communities; homeowners tend to stay in place because of the tax WOLF savings they enjoy. But the portability provision in the constitutional amendment chapters, running just shy of 3,000 is designed specifi cally to allow homeowners to sell and take their Save Our pages. Over the years, the treatise Homes protection and big tax discounts with them. Wolf, who specializes in local has been cited in more than 2,500 government, said the state could luck out in the end because the U.S. Supreme appellate opinions. Court — a lawsuit’s likely fi nal stop — takes so few cases to hear each year.

Robert H. Jerry, II ■ Published article, “Regulating Land Jeffrey L. Harrison Dean; Levin Mabie and Levin Use in a Constitutional Shadow: The Stephen C. O’Connell Chair Professor ■ Presented “Leaders in the Institutional Contexts of Exactions,” ■ Published Law and Economics in 58 Hastings Law Journal 729 with Norton and Co (2008). Co- Integration of Legal Education,” Feb. (2007); the article was reprinted in author is Jules Theeuwes, Professor 26 (co-sponsored by the Black Law the 2008 edition of the Zoning and of Economics, University of Student Association and the Center Planning Handbook. Amsterdam. for the Study of Race and Race Relations). ■ Published review essay, “The ■ Published “Economics of ■ Folklore of Legal Biography,” in 105 Business Associations” in the Presented “Florida’s Hurricane Michigan Law Review 1265 (2007). Encyclopedia of Law and Society Insurance Market, the State Regulatory ■ Published article, “Takings, (2007). Response, and Development on Florida’s Coasts” at the 14th Annual Version 2005: The Legal Process of ■ Work cited in Westerfi eld v. Constitutional Property Rights,” in 9 Quizno’s Franchise Co., LLC, 527 Public Interest Environmental University of Pennsylvania Journal F.Supp.2d 840, 2007-2 Trade Conference, Feb. 28 - March 1. ■ of Constitutional Law 667 (2007). Cases P 75,942, RICO Bus.Disp. Selected to serve as reporter for a ■ Published “On Idiocratic Theory: Guide 11,386, E.D.Wis., Nov. 05, National Conference of Commissioners A Reply,” in 19 Critical Review 147 2007 (NO. 06-C-1210) on Uniform State Laws project involving a trustee’s insurable interest (2007). ■ Work cited in White Mule Co. v. ATC Leasing Co. LLC, in a life insured by a policy used to Alyson C. Flournoy F.Supp.2d, 2008 WL 763486, fund an irrevocable life insurance Professor; Director, Environmental N.D.Ohio, March 25, 2008 (NO. trust. ■ and Land Use Law Program; UF 3:07CV00057). Published the fourth edition of Understanding Insurance Law, Research Foundation Professor ■ Operator of “Class Bias in Higher ■ Moderated the program of the Education” blog and contributor to LexisNexis (2008); on this edition, Section on Environmental Law on “MoneyLaw” blog. Jerry adds co-author Douglas “Responses to a Changing Climate” Richmond at the AALS Annual Meeting in New Berta E. Hernandez-Truyol York City, held Jan. 2-6. Levin Mabie and Levin Professor; Clifford A. Jones ■ Presented “Harnessing the Power Associate Director, Center on Visiting Assistant Professor in Law of Information to Protect our Public Children and Families Research ■ Published “ ‘Hail to the Cheese’: Natural Resource Legacy” at the ■ Jointly honored, with Angela University of Texas School of Law, Harris, by the executive committee Stephen Colbert, Technology, and Feb. 1. of the Association of American Law Corporate Political Advocacy in the ■ Served as a moderator at the Schools Minority Groups Section 2008 Presidential Campaign,” in R.A. 14th Annual Public Interest with the 2008 Ferguson Award for Oglesby and M. G. Adams, Eds., 15 Environmental Conference Feb. 28 excellence in scholarship, teaching Business Research Yearbook 202 - March 1. and service. (2008).

54 UF LAW NOTAS BENE

■ Published “Bipartisan Campaign and Global Warming,” 48 Boston Forum at the University of Louisville Reform Act,” in L.L. Kaid and C. College Law Review 1155 (2007). in December. Holtz-Bacha, eds., 1 Encyclopedia of ■ Published “Mississippi River Stories: ■ Published article with co- Political Communication 56 (2008). Lessons from a Century of Unnatural author Tera Jckowski Peterson, ■ Published “Buckley v. Valeo,” Disasters” (with Sandra B. Zellmer), 60 titled “Medium-Specifi c Regulation in L.L. Kaid and C. Holtz-Bacha, SMU Law Review 1471 (2007). of Attorney Advertising: A Critique,” eds., 1 Encyclopedia of Political ■ Published “Survey of Florida Water in 18 University of Florida Journal Communication 69 (2008). Law,” in Waters and Water Rights of Law & Public Policy 259 ■ Published “Campaign Finance,” (Robert E. Beck, ed., Matthew (2007). in L.L. Kaid and C. Holtz-Bacha, Bender & Co., Inc. (2007 Supp.). ■ Published “U.S. Media Law eds., 1 Encyclopedia of Political ■ Presented “The Case Against Water Update,” in 12 Media & Arts Law Communication 77 (2008). Transfers” at the 14th Annual Public Review 387 (2007). ■ Published “European Commission,” Interest Environmental Conference, ■ Presented the paper, “The Implied in L.L. Kaid and C. Holtz-Bacha, Feb. 28 - March 1. Audience of First Amendment eds., 1 Encyclopedia of Political ■ Served on panel on “Climate Change Speech,” as a faculty enrichment Communication 215 (2008). Litigation” at the Judicial Symposium lecture at William Mitchell Law ■ Published “European Court of on Scientifi c Evidence in the Courts School on Feb. 21 and at Loyola Justice,” in L.L. Kaid and C. Holtz- sponsored by the AEI-Brookings University Law School in Chicago on Bacha, eds., 1 Encyclopedia of Joint Center for Regulatory Studies Feb. 25. Political Communication 217 (2008). (Washington, D.C.), June 22, 2007. ■ Spoke about liability for Internet ■ Published “Federal Election Campaign Act,” in L.L. Kaid and C. Holtz-Bacha, eds., 1 Encyclopedia of The Boston Globe, Nov. 25, 2007 Political Communication 233 (2008). The belief in an imminent North American Union ■ Published “McConnell v. refl ects the particular ways in which Americans Federal Election Commission,” “ in L.L. Kaid and C. Holtz-Bacha, feel besieged economically, powerless politically, eds., 2 Encyclopedia of Political and alienated socially.” In a deeper sense, the Communication 426, (2008). apprehension and anger that sustain the NAU ■ Presented “Hail to the Cheese: rumors are quite real. For all their talk about national Stephen Colbert, Technology, and threats, national sovereignty, and national strength, Corporate Political Advocacy in the conspiracy theories are usually more about individual 2008 Presidential Campaign” to the powerlessness. FENSTER International Academy of Business Disciplines Annual Conference, —Mark Fenster, Professor” Quoted in an article titled, “The Amero Conspiracy,” which discusses the social anxiety, unrest and problems that Houston, Texas, April 2-3. may arise if a North American Union should ever be formed. ■ U.S. Fulbright Commission, Senior Scholar Research Grant, Comparative Antitrust Law: New Issues in Elizabeth T. Lear speech to the American Constitution Germany and the European Union. Professor Society on March 4. Research on the interface between ■ Published article, “National ■ Moderated a panel discussion of the intellectual property law and antitrust Interests, Foreign Injuries, and Forum tort of false light in conjunction with law and private enforcement of Non Conveniens,” 41 U.C. Davis Law a trip to Tallahassee, Fla. by UF law antitrust law in Germany and the EU. Review 559 (2007). and journalism students to hear oral Hosted by the Max Planck Institute arguments in an important false light for Intellectual Property, Competition, Lyrissa Lidsky case before the Florida Supreme Court and Tax Law, Munich, Germany, Professor; UF Research Foundation on March 5. March 16-July 15, 2007. Professor ■ Spoke at the University of ■ Spoke on Internet defamation at Louisville’s First Amendment Christine Klein the Florida Free Speech Forum in Discussion Forum in December, Professor; Associate Dean for Faculty December, which was recorded for presenting a paper titled, “Lies and Development radio broadcast on WUFT-FM. the First Amendment.” The paper has ■ Published “The New Nuisance: An ■ Spoke about holocaust denial at been accepted for publication by the Antidote to Wetland Loss, Sprawl, the First Amendment Discussion Washington and Lee Law Review.

SPRING 2008 55 Martin J. McMahon Jr. Associated Press, Florida Today, South Florida Sun-Sentinel, Clarence J. TeSelle Professor St. Petersburg Times, Tallahassee Democrat, and the Fort Myers ■ Published “2009-1 Cumulative News-Press, Jan. 30-31, 2008 Supplement” to Federal Income Taxation of Individuals, Third Edition, This compact, as it stands before you, is (with Boris I. Bittker & Lawrence A. “unconstitutional. Zelenak) Warren, Gorham & Lamont (2002). —Jon L. Mills, Professor; Director of Center for Governmental Responsibility; ” ■ Published “2008-1 Cumulative Dean Emeritus; acting as counsel for the Florida Legislature in the matter Quoted in stories regarding the Florida Supreme Court hearing oral arguments Supplement” to Federal Income in a Seminole Indian gaming case in regarding the constitutionality of Governor Taxation of Individuals, Third Edition Charlie Crist’s agreement with the tribe that allows for Vegas-style slots and (with Boris I. Bittker & Lawrence A. MILLS games such as blackjack and baccarat at its seven Florida casinos. Zelenak), Warren, Gorham & Lamont (2002). Lawrence Lokken ■ Spoke on military law as portrayed ■ Published the article, “Recent Hugh F. Culverhouse Eminent in fi lm and television at the Law Developments in Federal Income Scholar in Taxation; Professor and Popular Culture Symposium, Taxation: The Year 2007,” 8 Florida ■ Presented a paper titled, “Income Marquette University Law School, Tax Review 715 (2008) (with Ira B. Effectively Connected with U.S. Nov. 1, 2007. The symposium Shepard & Daniel L. Simmons). Trade or Business: A Survey and celebrated the publication of the ■ Presented “Recent Income Tax Appraisal” at the 60th Annual Federal new LexisNexis casebook, Law and Developments” to the 2008 Oregon Tax Conference, held in November Popular Culture: Text, Notes, and & Washington Tax Institute, Seattle, and sponsored by the University of Questions. Professor Mazur is one of Wash., May 1. Chicago Law School. the casebook’s co-authors. ■ Presented “Recent Developments in ■ Appointed the University of Florida Federal Income Taxation” (jointly with Diane H. Mazur representative to the Simon Center for Prof. Ira Shepard) during the 24th Professor the Professional Military Ethic, United Annual Tax Institute, University ■ Served as a moderator for States Military Academy at West Point “The Great Torture Debate,” (2008). sponsored by the Federalist ■ Appointed to the Editorial Board of Society, UF Levin College of the Journal of National Security Law Law, March 3, 2008. and Policy (2008).

Faculty Profi le: Dennis Calfee

Calfee Named Distinguished Accredited Estate Planner

F Law Professor and Alumni Research Scholar Dennis Calfee has been named a Distinguished Accredited Estate Planner by the National Association of Estate Planners Uand Councils. Calfee is only the third professor to receive this prestigious honor. The award is given in recognition of the recipient’s outstanding and distinguished service in the fi eld of estate planning. Past recipients have included Howard M. Zaritsky, Byrle M. Abbin, Roy M. Adams, Steve R. Akers, Lawrence Brody, Natalie B. Choate, Richard B. Covey, S. Stacy Eastland, Stephan R. Leimberg, and 25 other estate planning professionals. The National Association of Estate Planners and Councils is the non-profi t umbrella organization for more than 28,000 members of estate planning councils in the U.S. — consisting of the leading estate planning professionals in their local communities. Calfee (pictured right) was presented the award by Jeff Scroggin (JD 79), a former student of Calfee and a member of the NAEPC National Board.

56 UF LAW NOTAS BENE

of North Carolina School of Law, Community around Florida’s Four Affi liate Professor of Anthropology Chapel Hill, N.C., April 24. Generations,” Feb. 7-8. ■ Published “Transitional Justice: ■ Presented “Recent Federal Income ■ Served as Rapporteur, Meeting The Moral Foundation of Trials and Tax Developments” at the Palm Beach of the World Justice Project of the Commissions in Social and Political Tax Institute, West Palm Beach, Fla., American Bar Association, Buenos Transformation” in the East African Jan. 23. Aires Forum, November 2007. Journal of Peace & Human Rights, ■ Presented “Recent Income Tax ■ Moderated panel discussion Makerere University, Human Rights Developments,” to the American Bar following Dr. Jack Kevorkian’s speech and Peace Centre, Vol. 13, No. 3 Association, Tax Section, Midyear held at the Stephen C. O’Connell (2007). Meeting (with Ira Shepard and Daniel Center, Jan. 15. ■ Published “Globalism from an Simmons), Lake Las Vegas, Nev., Jan. African Perspective: The Training of 19, and to the 54th Annual Taxation Robert C. L. Moffat Lawyers for A New and Challenging Conference, University of Texas School Professor; Affi liate Professor of Reality,” Iowa Journal of Transnational of Law, Austin, Texas, Nov. 7, 2007. Philosophy Law and Contemporary Problems, Vol. ■ Presented “Tax Planning for Sales ■ Served on a panel discussing 17, No. 2 (2008). and Purchases of Partnership and physician-assisted suicide and right to ■ Submitted the petition document LLC Interests” during the 55th Annual die issues, following a speech by Dr. “Petition to the Inter-American Tax Institute, University of Montana Jack Kevorkian held at the Stephen C. Commission on Human Rights School of Law, Missoula, Mont., Oct. O’Connell Center, Jan. 15. Seeking Recognition of the Shuar Land 19, 2007. ■ Invited as one of four panelists in Rights, and Relief from the Acts and ■ Served as a panelist speaking on an immigration law symposium titled, Omissions by the Republic of Ecuador “The US and Canadian Perspectives on Tax Avoidance” during the Investment News, March 3, 2008 American Bar Association, Tax Section, Fall Meeting, Committee on The pot of gold is getting something characterized as Teaching Taxation Program: Individual political speech, but if it is determined to be commercial Income Tax Committee; Vancouver, “ B.C., Canada, Sept. 28, 2007. speech that would be much more favorable to sustaining the regulations…. The Supreme Court has never defi ned Jon L. Mills the difference between commercial and political speech, Professor; Director of Center for and the problem arises when you have an amalgam of Governmental Responsibility; Dean political and commercial speech. Emeritus —Michael Siebecker, Associate Professor, Quoted in an article discussing ■ Served on a panel and presented ” SIEBECKER open-access to hedge fund information that may lead to a lawsuit against “Communication Breakdown: Science the Securities Exchange Commission. Siebecker discussed the free Education for Policymakers and Policy speech argument and said it could come down to whether the hedge fund Education for Scientists” at the 14th information is deemed political or commercial in nature. Annual Public Interest Environmental Conference Feb. 28 - March 1. “A New Year and The Old Debate: that have Resulted in the Violation of ■ Argued the Indian Gaming case Has Immigration Reform Reformed Shuar Land Rights” (44 pages) to the before the Florida Supreme Court in Anything,” held at Chapman University Inter-American Commission (2007). April representing Florida Legislature School of Law, Feb. 20, with ■ Submitted a petition dealing with House Speaker Marco Rubio. sponsorship by the NEXUS Journal of bioprospecting to the Inter-American ■ Moderated the 14th Annual Public Opinion. Commission titled “Petition to the Interest Environmental Conference ■ Published “Social Impacts on the Inter-American Commission on Human panel on Science Education for Criminal Law of the Enforcement Rights Seeking Recognition of the Policy Makers & Policy Education for of Morality: Some Refl ections on Shuar Rights to Traditional Knowledge, Scientists, Feb. 23. the Anglo-American Debate,” 38 and Relief from the Acts by the United ■ Moderated audience questions for Rechtstheorie 1-30 (2007). States of America in Aiding New York former Secretary of State Madeleine Botanical Garden and United States Albright‘s presentation to UF College of Winston P. Nagan Agency for International Development Law students and faculty, March 26. Professor; Samuel T. Dell Research in the Misappropriation of Shuar ■ Served as facilitator for Askew Scholar; Director, Institute of Human Traditional Knowledge and Trade Institute annual meeting, “Building Rights and Peace Development; Secrets,” (124 pages) (2008).

SPRING 2008 57 From left: Professors Kenneth Nunn, Michael Friel and Martin McMahon Jr. on the set of “Law Matters.”

Faculty Profi le: Kenneth Nunn

“Law Matters” takes legal current issues affecting those in the wife, has been a strong infl uence issues on-the-air area,” Nunn said. “My role as the host in Nunn’s involvement and interest is to be the traffi c cop and make sure in serving and educating audiences BY ALINE BAKER no one monopolizes their time on the through the media, he said. She air.” currently teaches “Blacks and Film” t was nearly 10 years ago that With more than fi ve years of legal as an adjunct instructor in the African- Professor Kenneth Nunn appeared practice and 17 years of teaching, American Studies Program at UF, and as a guest on “Law Matters,” a Nunn’s experience brings true insight she previously taught a similar class I of legal issues to the show and allows focusing on African-American Women local program broadcast by WUFT- TV. His appearance and his college him to understand the importance in fi lm at the UF Center for Women’s days at Stanford University where of shaping questions to highlight his Studies and Gender Research. Nunn dabbled in communications and panel of guests. Nunn’s expertise is in They both have appeared on talk hosted his fi rst gig as a radio host in criminal law, criminal procedure and radio programs as commentators 1979 eventually led to his interest in law and cultural issues related to race. discussing race and community production and current role as host. Nunn said he enjoys volunteering issues, and received a grant in 1999 As a student, Nunn was a radio his time for this program because of to produce radio spots aired locally broadcaster for a weekly news and the interaction with fellow colleagues, in Gainesville that addressed the affairs show on KZSU, which aired scholars and experts. He said the history of African-Americans. Hilliard- Sunday mornings on the Stanford producers contacted him about Nunn focuses a large portion of her campus. Nunn says it was a great hosting the show because they felt time studying fi lm (independent and experience that allowed him to Nunn provided an “in” to an academic mainstream) and the history of African- appreciate the importance of speaking approach that could take the show in a Americans in Florida. At the same in public. new direction. time, she runs her own fi lm production Fast forward to the present— Nunn “Now, the show is focused more company in Gainesville. She currently now fi nds himself using those skills on policy questions and concerns more serves as the president-elect of the learned nearly 30 years ago to present than the nuts and bolts of a typical WUFT-TV board of directors. current legal issues to citizens of North legal show,” Nunn said. “Bringing Whether fi lming in the studio, Central Florida on “Law Matters.” The in different scholars allows broader broadcasting over the radio or teaching TV program is taped once a month, concerns to be explored.” in his fi elds of scholarship, there is no excluding summers, and is run on the Nunn’s active involvement at the question that his areas of expertise last Thursday of every month with law school and on main campus, overlap in ways that have not only additional viewing when time slots are coupled with his wife’s interest in fi lm created a bond with his wife, but available, Nunn said. studies, has set the foundation for his helped to propel Nunn’s undergraduate “We are mainly topic driven and success outside of law school. hobby into a popular TV program try to run shows that are focused on Dr. Patricia Hilliard-Nunn, Nunn’s broadcast to nine counties.

58 UF LAW NOTAS BENE

■ Presented “National Security and the Immigrant” to the Association of The Florida-Times Union, Feb. 24, 2008 Retired Intelligence Analysts, March 1. ■ Served as a moderator at the Although it might be an attractive short-term solution, 14th Annual Public Interest it never seems to really satisfy long-term needs…. It Environmental Conference, Feb. 28 “doesn’t solve the underlying problem, which is growth - March 1. and growing water consumption. Kenneth B. Nunn —Christine Klein, Professor; Associate Dean” for Faculty Development Professor Quoted in an article discussing the the St. Johns River and inter-district transfers of river water. Klein said the issue of moving water from one place to another ■ Lectured on “Fifth and Sixth is new to Florida, but not to people living in the American west, where an arid Amendment Issues,” as part of climate makes water shortages a constant threat to survival. There, water is KLEIN the Florida Bar and Fla. Ass’n. piped hundreds of miles away, nothing like what’s being proposed here. Crim. Def. Lawyers Criminal Law Certifi cation Review Course, Tampa, the Southern Economic Association Critical Analysis” at the University Fla., April 18. in New Orleans, La. of Pittsburgh School of Law and ■ Presented a paper on, “Policing, ■ Published Kintner’s Federal during the “Critical Race Theory Criminal Injustice & the Black Antitrust Law, 2008 supplements Colloquium Series” at Northwestern Community,” at the Southeast/ (with Joseph Bauer and John University School of Law, both in Southwest People of Color Legal Lopatka). October of 2007. Scholarship Conference, North ■ Published “Software Development ■ Gave the opening keynote Carolina Central University School of as an Antitrust Remedy: Lessons address, “Why we need a Truth Law, Durham, N.C. April 12. from the Enforcement of the and Reconciliation Commission,” ■ Spoke on a panel on “Law Microsoft Communications Protocol during the fi fth National Conference School Institutes,” representing the Licensing Requirement,” 14 on Race in 21st Century America, Center for the Study of Race and Michigan Telecommunications and Michigan State University, April Race Relations at the University of Technology Law Review 77 (2007) 2007. Florida, at the Southeast/Southwest (with Seldon J. Childers). ■ Moderated the Ethics Panel during People of Color Legal Scholarship ■ Work cited in Costco Wholesale the 2007 Music Law Conference, Conference, North Carolina Central Corp. v. Maleng, 514 F.3d 915, February 2007. University School of Law, Durham, 929 (9th Cir.2008); Schlotzsky’s, ■ Presented “Awakening from N.C., April 12. Ltd. v. Sterling Purchasing and the Dream: The New Struggle for ■ Presented for the panel, “Race and Nat’l Distrib. Co., 520 F.3d 393 Diversity in the Legal Academy” to the Criminal Justice System: Does (5th Cir. 2008); In re Live Concert the Committee on Recruitment and Race Play a Part in Prosecutorial Antitrust Litig., 247 F.R.D. 98 (C.D. Retention of Minority Law Teachers Decision-Making?” as a part of the Cal. 2007); Drug Mart Pharmacy Program, American Association of Third Annual Working in the Public Corp. v. American Home Products Law Schools Annual Conference, Interest Law Conference, University Corp., No. 93-CV-5148, 2007 January 2007. of Georgia School of Law, Athens, WL 4526618 (E.D.N.Y. Dec. 20, ■ Published the book, Latinos and Ga., April 5. 2007); Lorix v. Crompton Corp. 736 the Law, (with Richard Delgado N.W.2d 619 (Minn. 2007). and Jean Stefancic) Thomson/West William H. Page (2008). Marshall M. Criser Eminent Scholar Juan F. Perea ■ Published Teachers’ Manual for in Electronic Communications and Cone Wagner Nugent Johnson Latinos and the Law, Thomson/West Administrative Law; Professor Hazouri and Roth Professor (2008). ■ Presented “Mandatory Contracting ■ Presented “Musings on Barack ■ Published Race & Races: Cases Remedies in the American and Obama’s Race Speech and the and Resources for a Diverse European Microsoft Cases” at a Black/White Binary Paradigm of America, 2d. ed. (with Richard November conference on “The Race” during the Mills Endowed Delgado, Angela Harris, Jean End of the Microsoft Case?” at Series of Conversations on Race, Stefancic and Stephanie Wildman) Northwestern in Chicago; Page was Duke University Law School, Thomson/West (2007). also a commentator in a panel on March 20. ■ Published Teachers’ Manual recent U.S. Supreme Court antitrust ■ Presented “On Cubans and for Race & Races Thomson/West decisions at the annual meeting of Cuban Americans: a Historical and (2007).

SPRING 2008 59 First Coast News, Orlando Sentinel, Bay News 9, Miami Herald, Sharon E. Rush Examiner.com, FlaToday.com, FloridaToday.com, WOOD TV 8, Professor January 2008 ■ Published “Whither Sexual Orientation Analysis?: The Proper I favor liberty in general. There is no social interest in Methodology When Due Process “making people stay alive who do not want to be alive. and Equal Protection Intersect,” 16 William & Mary Bill of Rights Journal —Robert C.L. Moffat, Professor; Affi liate Professor of Philosophy ” 1 (2008). Quoted in the article discussing Dr. Jack Kevorkian’s recent visit to UF where Moffat served on the panel discussion after the speech. Moffat said he was in ■ Published the essay, “Refl ections favor of assisted suicide. on Prejudice and Animus under Equal MOFFAT Protection,” UF Law (Winter 2007). ■ Published the book chapter Stephen J. Powell Dispute Settlement System” at the “Time Out For Huckleberry Finn,” in Lecturer in Law; Director, Commercial Defense, Safeguard, Education Landscapes in the 21st International Trade Law Program and Escape Clause Measures Century: Cross-cultural Challenges ■ Published “Peru-U.S. Trade Conference in Buenos Aires held and Multi-disciplinary Perspectives, Promotion Agreement: The New by Universidad Nacional de Tres de Cambridge Scholars Pub., United Economic Model for Civil Society?” Febrero, May 15, 2007. Kingdom (2008). in Acuerdo de Promocion Comercial ■ Published the book chapter “Toto, Peru—Estados Unidos, Lima: Elizabeth A. Rowe I Have a Feeling We are Still in Universidad Peruana de Ciencas Associate Professor Kansas,” in Law Touches the Hearts Aplicadas (2007). ■ Published “Introducing A Takedown of Children: A Generation Remembers ■ Published “Toward a Vibrant for Trade Secrets on the Internet,” Brown v. Bd. of Education (Richard Peruvian Middle Class: Effects at the 2007 Wisconsin Law Review J. Bonnie and Mildred W. Robinson, of the Peru-United States Free 1041 (2007). Eds.), Vanderbilt Univ. Press, Trade Agreement on Labor Rights, ■ Republished “Saving Trade Secret Nashville, TN (2008). Biodiversity, and Indigenous Disclosures on the Internet Through Populations,” 20 Fla. J. Int’l L. No. 1 Sequential Preservation,” at 2007 Katheryn Russell-Brown (2008) (with Paola Chavarro). Boston College Intellectual Property & Professor; Director, Center for Study ■ Published “Should or Must: Technology Forum 249 (2007). of Race and Race Relations Nature of the Obligation of States ■ Presented “Rethinking ‘Reasonable ■ Awarded the 2007 Coramae to Use Trade Instruments for the Efforts’ to Protect Trade Secrets in Richey Mann Award for outstanding Advancement of Environmental, Labor, the Digital Age” at Case Western contributions of scholarship on race, and Other Human Rights,” 45 Alberta University Reserve Law School, on ethnicity, and justice by the American L. Rev. 443 (2007). April 23. Society of Criminology through its ■ Presented paper on “Effective ■ Moderated a panel on “Commercial Division on People of Color and Crime. Teaching of Linked International Law Markets” at the 2008 Music Law Specialties –Example of International Conference at the Levin College of Michael Seigel Trade and Human Rights Law” at Law on Feb. 16. Professor panel on “Addressing Transnational ■ Served as a panelist, “Teaching ■ Published article (with co-author Collaboration in the Law School Trademark Law,” International Daniel Weisman) titled “The Curriculum” of SEALS 2007 Annual Trademark Association Meeting, Admissibility of Co-Conspirator Meeting July 29, 2007. Orlando, Fla., November 2007. Statements in a Post-Crawford World,” ■ Presented paper on “Expanding ■ Appeared as a guest on “Law 34 Florida State University Law the NAFTA Chapter 19 Dispute Matters” (WUFT-TV) to discuss Review 877 (2007). Settlement System: A Way to Declaw intellectual property protection on ■ Published “Corporate America Fights Trade Remedy Laws in a Free Trade Feb. 19. Back: The Battle Over Waiver of the Area of the Americas?” at the 45th Attorney Client Privilege,” 49 Boston Annual Congress in Toronto of Thomas Ruppert College Law Review 1 (2008). L’Asociation Internationale des Jeunes Assistant in Environmental Law ■ Appointed to serve as editorial Avocats, Aug. 21, 2007. ■ Served as a moderator at the 14th board member with responsibility for ■ Presented paper on “Lessons Annual Public Interest Environmental international collaboration and review, of NAFTA Chapter 19’s Unique Conference Feb. 28-March 1. DE JURE (Procuradoria-Geral de Justia,

60 UF LAW NOTAS BENE

Belo Horizonte, Minas Gerais, Brazil; ■ Presented “Building a ‘New Michael Allan Wolf a semi-annual journal published by Institutional’ Approach to Corporate Professor; Richard E. Nelson Chair in the Prosecutor General’s Offi ce for the Speech,” Northwestern University Local Government Law State of Minas Gerais). School of Law, March 2008. ■ Published “Hysteria v. History: ■ Presented a lecture Feb. 11 titled, ■ Presented “Corporate Public Use in the Public Eye,” “Establishing and Maintaining a Norm Sustainability and International as a chapter in Private Property, of Collegiality in the Law School Trade,” University of Costa Rica Law Community Development, and Setting,” to the faculty at Florida School, June 2008. Eminent Domain (Robin Paul Malloy International University Law School in ■ Presented “Trust and Disclosure” ed.) (2008). Miami, Fla. to the Third International Conference ■ Published “William Faulkner, ■ Presented the lectures on Interdisciplinary Social Sciences, Legal Commentator: Humanity “Comparative Criminal Procedure: Monash University, Italy, June and Endurance in Hollywood’s the United States versus Brazil,” and 2008. Yoknapatawpha,” 77 Mississippi Law “Comparative Taxation, the United ■ Presented “Trust, Effi ciency, and Journal 957 (2008). States versus Brazil” as a guest of Corporate Transparency” during the ■ Presented “Green Building in the Magistrates’ Association of Minas Eighth International Conference on the Evolving Legal Landscape,” at Gerais, the Brazilian Magistrates’ Knowledge, Culture and Change the Seventh Annual Richard E. Nelson Association, and the Association in Organisations at Cambridge Symposium, UF Levin College of Law. of the Ministério Público of Minas University, United Kingdom, June Gerais, Brazil, June 2007. 2008. Danaya C. Wright ■ Awarded $5,000 grant for Professor Michael Siebecker “Enhancement of Sustainability ■ Presented “Power, Intimacy, and Associate Professor in Instruction” from the University Rights: The Legalization of Family ■ Published a chapter in The First of Florida Committee on Discourse in One Victorian Marriage,” Amendment Handbook 2007- Sustainability and the UF Levin Cornell University Faculty Colloquium, 2008 (Rodney Smolla ed. 2008), College of Law. Nov. 3, 2007. titled, “Corporate Speech, Securities Regulation and an Institutional Approach to the First Amendment.” Miami Herald, Feb 1., 2008 The handbook, published by Thomson/West, provides a collection It’s whether or not you can understand the nature of the of the most notable articles on First charge and be able to discuss your case in a meaningful Amendment law published in the last “ fashion with your lawyer and manifest appropriate year. courtroom behavior… . It has to do with life experience. ■ Published “Building a ‘New And the older you get, the more you’ve been exposed to, Institutional’ Approach to Corporate Speech,” 59 Alabama Law Review the more sophisticated you become, hopefully. 247 (2008) (lead article). —George R. “Bob” Dekle, Legal Skills Professor Quoted in the” article ■ Published “Corporate Speech, discussing the standard for competency as being the same regardless of age DEKLE Securities Regulation and an in evaluating the competency of a 12-year-old boy who beat his 17-month- old cousin to death with a baseball bat. Institutional Approach to the First . Amendment,” 48 Wm & Mary Law Review 613 (2006). ■ In a recent Massachusetts case, Bulldog Investors v. Galvin, the Walter Weyrauch ■ Spoke “Making a HASH of Federal court cited Siebecker (and his article Distinguished Professor; Stephen C. Transportation and Railbanking mentioned above) as authority for O’Connell Chair; Associate Director, Policies,” for the Amer. Const. Society, denying a hedge fund’s claim that Center on Children and Families UF Levin College of Law, Feb. 20. its solicitation efforts were political ■ Published “Private Legal ■ Published “Charitable Deductions for speech under the First Amendment. Systems,” 3 Encyclopedia of Law & Rail-Trail Conversions: Reconciling the Siebecker has previously been quoted Society 1182 (2007). Partial Interest Rule and the National extensively in an industry periodical, ■ Published “Gypsies and Travelers,” Trails System Act” (co-authored with Hedge World Daily, about the same 2 Encyclopedia of Law & Society Scott Bowman) 32 Wm. & Mary Envt’l case. 682 (2007). L & Pol’y Rev. 1-57 (2008).

SPRING 2008 61 FAREWELL

Faculty Retirement

Jerold Israel taught international business and become a full professor in 1971 Jerold Israel joined the UF trade law, international litigation, and Alumni Research Scholar Law faculty in 1993 as an Ed comparative law, corporation law in 1994. His has been a colorful Rood Eminent Scholar in Trial and law of the North American Free career involving innovative and Advocacy and Procedure. During Trade Agreement. Throughout his engaging teaching methods, his teaching career, Israel wrote career, Gordon co-authored and election as a Gainesville, Fla. city numerous publications, books, law authored multiple books, chapters commissioner and mayor, and a review articles and government and articles on international lifetime of scholarly achievement. commission reports. His most business transactions, has been He is widely published in the appointed to the North American areas of local government law, ISRAEL prominent writings are 10 chapters (running roughly 3,000 pages) in Free Trade Agreement and World state and local taxation, United the seven-volume LaFave, Israel, Trade Organization dispute panel States and state constitutional King & Kerr treatise on criminal rosters and served as a consultant law, worker’s compensation and procedure, which has been cited in for foreign governments and the employment legislation, torts and more than 2,500 appellate opinions, departments of State and Justice. reparation systems reform, property, and a co-authored casebook on Once retired, Gordon will continue administrative law, comparative criminal procedure, which has been to write and serve as a legal constitutional law and history. the most widely used casebook in consultant and expert witness Beloved by students, Little the fi eld for more than 40 years. on domestic and international was named the 2007-2008 John While at UF Law, Israel taught corporate law, international Marshall Bar Association Teacher litigation issues and civil law. of the Year. He has served as a GORDON courses in criminal procedure and white collar crime. Before Gordon received numerous visiting professor in law schools in joining UF Law, Israel taught at awards throughout his teaching South Africa, China, Australia, New the University of Michigan for 35 career. He was elected to Zealand and the United Kingdom. years. He received his bachelor’s the American Law Institute, Little earned his bachelor’s summa degree from Case Western Reserve the Academia Mexicana de cum laude from Duke University, a University and his law degree from Derecho Internacional Privado y master’s with highest honors from the Yale Law School, and served Comporado, and the Academia Worcester Polytechnic Institute, and a two-term clerkship with Justice Internationale du Droit Compare. his law degree from the University Potter Stewart of the United States Gordon earned his law degree of Michigan. Supreme Court following his with honors and bachelor’s degree LITTLE graduation from Yale. from the University of Connecticut Visiting and On leave and master’s degree in economics from Trinity College. Gordon Faculty Michael Gordon also received a Diplome du Droit A number of our faculty will be serving for a brief time at Michael Gordon has taught Compare from Strasburg, France, other schools next year. Associate at UF Law since 1968. He served and Maestria en Derecho, which Professor Michael Siebecker will as visiting associate professor, is equivalent of an LL.M., from visit Washington University in professor, Chesterfi eld Smith Mexico. St. Louis, Mo.; Professor Kenneth Professor, and most recently, the Nunn will go on leave to serve John H. & Mary Lou Dasburg Joseph W. Little at Florida A&M University in Professor while simultaneously Orlando, Fla.; and, Michael serving as affi liate professor at Joseph W. Little came to Seigel will visit Stetson UF’s Center for Latin American UF Law in 1967 and quickly University in Gulfport, Fla. Studies. While at UF Law, Gordon moved up through the ranks to

62 UF LAW WELCOME

We are pleased to welcome the following new faculty members

Deborah Cupples After earning a bachelor’s in his- Institute for Dispute Resolution. CUPPLES Legal Skills Professor tory and political science from Davis will teach mediation and Deborah Cupples (JD 05) has Amherst College, he went on to mediation clinic. Since 1994, joined the faculty as a lecturer earn a Master of Studies in mod- she has been the alternative dis- and legal skills professor and ern history from the University pute resolution director of the will teach legal drafting. She of Oxford. After earning his law Eighth Judicial Circuit. In spring previously served UF Law as an degree from the University of 2008, Davis served as an adjunct adjunct professor teaching legal Chicago, Sokol worked as an as- professor at UF Law teaching drafting and currently works as sociate at Swidler Berlin Shereff alternative dispute resolution and LUKE a part-time attorney at F. Parker Friedman in Washington, D.C., mediation. She received her JD Lawrence, P.A. Cupples earned and Steel Hector & Davis in Mi- cum laude from the University her bachelor’s degree in English ami, Fla., where he specialized in of Florida Levin College of Law and master’s degree in political antitrust, international trade and and bachelor’s magna cum laude science, both from the University corporate law. from Michigan State University. of Florida. Visiting Professors William Pizzi has joined the Charlene Luke faculty as a visiting professor SOKOL Assistant Professor Randall Baldwin Clark has teaching criminal law and crimi- Charlene Luke has joined the joined the faculty as a visiting nal procedure this fall. Most faculty as an assistant professor assistant professor teaching recently, Pizzi served as profes- and will teach income, corporate, criminal and health care law. sor at the University of Colorado and partnership taxation. She Most recently, Clark served as Law School. He earned his was previously an assistant pro- a visiting assistant professor law degree from Harvard Law School, master’s in philosophy fessor at Florida State University at George Mason University CLARK College of Law and visiting fac- School of Law. He holds a doc- from the University of Mas- ulty at the University of Utah S.J. torate in political philosophy sachusetts and bachelor’s from Quinney College of Law. Before from the University of Chi- Holy Cross College. teaching, Luke was an associate cago and law degree from the at Dechert in Philadelphia, Penn. University of Virginia. Before Kenneth Williams has joined Luke received a bachelor’s and turning to the study of the law, the faculty as a visiting profes- law degree from Brigham Young Clark was a research associate sor teaching criminal law and University. She graduated from in the department of govern- criminal procedure this fall. DAVIS law school summa cum laude and ment at Dartmouth College. Most recently, Williams served was fi rst in her class. Following one year of service as professor at Southwestern in the chambers of the Hon. Law School. He has also been D. Daniel Sokol Edith H. Jones, United States a faculty member at Gonzaga Assistant Professor Court of Appeals for the Fifth University School of Law and D. Daniel Sokol has joined the Circuit, he joined the firm of Texas Southern University faculty as an assistant professor Goodwin Procter, in Boston, Thurgood Marshall School of teaching corporations and busi- Mass., where he litigated intel- Law where he also served as PIZZI ness organizations law. Before lectual property, products liabil- associate dean for academic af- joining UF Law, he was a visit- ity and land use disputes. fairs. Williams earned his law ing associate professor at the degree from the University of University of Missouri School of Robin Davis has joined the Virginia School of Law and Law and a fellow at the Univer- faculty as a legal skills profes- bachelor’s from the University sity of Wisconsin Law School. sor and associate director of the of San Francisco.

WILLIAMS

SPRING 2008 63 BOOK ROUNDUP

Faculty and Alumni Literary Works

Nath Doughtie (JD 66) five essays with the first du Feu / Fireheart aims for “All Rise” discussing the roots of Florida a rediscovered ideal of legal Nath Doughtie (JD 66), a common law, followed by ethics, expressed in gentle prose. lawyer and judge serving an explanation of the role the Gainesville community and function of the Florida James Grippando (JD 82) for more than 30 years, district court. The remaining “Last Call” took his legal experience essays offer examples of the James Grippando (JD 82), and long-time connection creation of two divergent New York Times Best Seller with North Central Florida portions of Florida common of When Darkness Falls, has to write his first fictional law with the final describing a released the seventh novel in novel that depicts the inner Florida Supreme Court opinion his popular book series titled, politics of the local judicial from the Civil War era that Last Call. This book features system. The plot of the book addressed slavery. This book a Miami criminal defense revolves around Judge Alva describes the true richness of lawyer, Jack Swyteck, and Cason, “AC,” whose attempt Florida law but also reflects his outrageous sidekick, Theo to avoid daily courtroom the need for more attention and Knight, who was on death row drama is obstructed when a study of its complexities. for a murder he didn’t commit. routine case sparks romance After proving his innocence, and rumors that threaten his Michael Cavendish (JD 98) Theo turns to Jack again for professional reputation. The “Coeur du Feu/ Fireheart” help later in life. The story setting for All Rise is the Eight Most lawyers end with the follows Jack and Theo as Judicial Circuit of Florida, the model codes when they they piece together a 20-year- circuit where Doughtie served discuss legal ethics. Michael old conspiracy of greed and as chief judge. Cavendish’s (JD 98) Coeur du corruption pointing to the very Feu / Fireheart presupposes top of Miami’s elite, while Michael Cavendish (JD 98) that a lawyer’s ethics begin at revisiting a past that Theo has “Orange Blossom great personal depth — human tried hard to forget. This is a Jurisprudence” virtue. The book’s 10 essays brilliant and bullet-fast thriller, Orange Blossom explore in experiential terms complete with revelations that Jurisprudence, written by whether virtues like humility, no reader will ever forget. Michael Cavendish (JD 98) mercy, civility, and wisdom and released late 2007, is an bought with loss are in fact the Ralphy C. Losey (JD 79) insightful outline into the natural core of the lawyer’s “e-Discovery: Current philosophies of the Florida role. Inspired by the American Trends and Cases” legal system and explores the Inns of Court movement, and Interested in technology and unseen aspects of the system. released in 2008 to a warm the law? The ABA released The book is a collection of international reception, Coeur e-Discovery: Current Trends and

64 UF LAW Share Your Book News Cases (2008) is the fi rst book to Steve Rajtar (JD 76, LLMT proposes that the inevitable introduce this high-tech fi eld to 77) “A Guide to Historic intersection of these two Send your submission all readers, not just lawyers. In Gainesville” dominant human policies to [email protected]fl .edu seven chapters and 58 separate Steve Rajtar, (JD 76 & LLMT be purposeful, conspicuous, or mail to: articles, Ralph C. Losey (JD 77), has written on several proactive, and ingenious, UF Law Magazine, 79) introduces the exciting new subjects, most of which relate rather than simply more of the Levin College of Law, fi eld of electronic discovery, to history. Three of Rajtar’s ad hoc mélange of superficial University of Florida, explains the latest trends and recent historical guides duct-tape “solutions” the P.O. Box 117633, cases in an interesting and easy- chronicle the growth and birth world’s poor, disenfranchised, Gainesville, FL 32611. to-read manner, and outlines of Florida cities, including and otherwise marginalized the new interdisciplinary team Gainesville, Orlando & Tampa. majority have had so far to approach to solving the unique Rajtar chronicles Gainesville’s endure. Just Trade examines problems of e-discovery — history since its humble trade’s effect on human rights where the talents of law, IT and beginnings in the 1850s up policies involving child labor, management are combined. to what has made the “Gator sustainable development, Nation” a unique place to live, health, equality of women, Frank Read visit and learn. Along with human trafficking, indigenous (Dean Emeritus) The United States as Depicted peoples, poverty, citizenship, “The Lawyer Myth” on Its Postage Stamps and A and economic sanctions. Co-authored by UF’s Guide to Historic Lakeland, Hernández-Truyol and former dean from 1981- both published in 2007, Rajtar Powell put forward a 1988, The Lawyer Myth is a also has published 12 other pragmatic yet holistic passionate refutation of many books. approach in which the misconceptions that exist about interests of human rights lawyers and the legal system. Berta Esperanza Hernandez- are not sacrificed to trade Frank T. Read and Rennard Truyol and Stephen J. Powell nor are the benefits of trade Strickland affi rm the role of “Just Trade: A New myopically condemned. lawyers as problem solvers Covenant Linking Trade and Instead it seeks to provide in our society and pose the Human Rights” a guiding principle that question of, “Where would our As globalization explodes into identifies specific paths society be without lawyers?” ever more intrusive corners governments can follow This book looks behind current of our lives, the consequences to exploit trade’s enormous anti-lawyer media images to of leaving undisturbed the power for the advancement explore the historical role of profound disconnect between of human rights. Published lawyers as a balancing force in human rights law and by New York University time of social, economic and international trade law daily Press, Just Trade will be political change. grow more tragic. Just Trade on book stands in October.

SPRING 2008 65 CAREER SERVICES

The Center For Career Services UF Law Students and will clerk in the U.S. District Court for the Middle District Career Services Recruitment and Alumni Selected for of Florida for Magistrate Judge Helps You Hire Outreach Programs Prestigious Federal Howard T. Snyder in Jackson- ville; (John) Cole Oliver, a he Center for Career Ser- Judicial Clerkship LOOKING FOR? December 2007 graduate who vices encourages your ast fall, seven UF Law will clerk in the U.S. District Summer Associates Lateral Attorneys Trecruiting department to students and two recent Court for the Middle District of Tax Attorneys contact us to schedule a date alumni were selected Florida for Judge John Antoon Project-Based Assistants L through a highly competitive II in Orlando; and (pictured Entry-level Attorneys for an on-campus visit. CCS Part-time Law Clerks can also help your firm recruit process for prestigious Federal sitting) Laura Lothman, a De- top law clerks, entry-level as- Judicial Clerkships to begin cember 2007 graduate who will WE CAN HELP! sociates or laterals through no- during summer and fall 2008. clerk in the U.S. District Court  Post Jobs cost job postings and resume Those selected included (pic- for the Middle District of Flor- Our no-cost listing tured below standing from left) service allows employers collections. For more informa- ida for Senior Judge Harvey E. to post openings in our tion on recruiting UF Law stu- Michael Hoii, a May 2008 Schlesinger in Jacksonville. Not online job bank for our graduate who will clerk in the dents, visit www.law.ufl.edu/ pictured: Simon Rodell, a May 1,300 law students and U.S. Court of Appeals for the 2008 graduate who will clerk in 17,000 alumni. career/employers. Eleventh Circuit for Judge the U.S. District Court for the There are also many out- All law students and Charles R. Wilson in Tampa; Middle District of Florida for reach options for law firms. alums have the ability to Scott Kennelly, a May 2008 Judge Steven D. Merryday in access our online job bank Consider hosting a networking anytime from anywhere. graduate who will clerk in the Tampa; Robert Caplen, a De- reception at your firm, mentor- U.S. Court of Appeals for the cember 2005 graduate who will  Collect Resumes ing a law student, or speaking Eleventh Circuit for Judge clerk in the U.S. Court of Fed- We can collect resumes to our students about practice from applicants for Susan Black in Jacksonville; eral Claims for Judge Margaret advertised positions and areas, day-in-the-life of an as- Ryan Maxey, a May 2008 Sweeney in Washington, D.C.; forward them to you in sociate, or how to be better graduate who will clerk in and Amanda Reid Payne, a a single, effi cient packet prepared for practice. Firms for your review. Wish to the U.S. District Court for the December 2004 graduate who interview your candidates can also participate in the 1L Middle District of Florida for will clerk in the U.S. Court of on campus? We can Shadow Program. The shadow Magistrate Judge Elizabeth A. Appeals for the Eleventh Cir- arrange interviews at the law school. program allows your firm Jenkins in Tampa; John Paglio, cuit for Judge Susan Black in or organization to “host” a a December 2007 graduate who Jacksonville.  Arrange Video first-year student over the Conferenced Interviews summer ranging from one Conduct your interviews from across the country day to multiple days — remotely via webcam. depending on your schedule UF Law is a Law School and needs. During their time Connect (LSC) partner. with your office, the student  Coordinate Fall & can shadow an attorney and Spring On-Campus perform work as needed. Interviews The goal of the program is Allows you to 100 percent pre-screen applicants. to expose students to the Interview in comfortable day-to-day work of a law of- facilities saving you effort, time and expense. fice while introducing you to some of your future UF Law  Provide Employment colleagues. To participate in And Salary Statistics any of these rewarding activi- Available by city for both summer associate and ties, please contact careers@ entry-level positions. law.ufl.edu. Visit us online: www.law.ufl .edu/career

66 UF LAW UP AND COMING

Since 1991, California, Nevada and Rhode Island have had their Son of Sam laws overturned by courts on First Amendment grounds. PHOTO BY HULTON ARCHIVE/GETTY IMAGES PHOTO BY HULTON

State ‘Son of Sam’ Laws May Be Unconstitutional esearch by a University of Florida graduate The solution is to use general forfeiture laws to student fi nds most state statutes designed claim assets and profi ts that would normally go to Rto prevent criminals from profi ting from convicted criminals, Locke said. telling the story of their crimes are ineffective and General asset forfeiture laws allow the state to seize unconstitutional. assets that are the proceeds or instruments of crime. Christina Locke, who graduated this spring from These laws are frequently used in drug traffi cking a combined program resulting in a Master of Mass cases and are not specifi cally geared toward preventing Communication and a law degree, wrote her master’s criminals from any kind of speech. Consequently, they thesis on her research of the so-called “Son of Sam” are not subject to the same strict constitutional scrutiny laws in each state that has one. as Son of Sam laws, but their effect can be the same as These laws most often apply when a convicted long as the seized funds are used to compensate victims, CHRISTINA LOCKE criminal writes a book or collaborates on a movie Locke said. Recent UF Law/Grad Student project, Locke said. They are designed to seize the “Politically, maybe general forfeiture laws aren’t as criminal’s profi ts and give the money to the victims or effective,” Locke said, “but they work, which I think is the victims’ families. more important.” According to her thesis, 28 states have laws on Florida used general forfeiture statutes in 1994 the books modeled after the original 1977 New York to seize proceeds from Gainesville serial killer law created to prevent the serial killer known as the Danny Rolling’s macabre artwork and a book co- Son of Sam from receiving any profi ts from the book written with his then-girlfriend Sondra London, “Confessions of Son of Sam.” “The Making of a Serial Killer.” The state split the The problem, Locke said, is that the original New $16,000 it took among the fi ve families of the killer’s York statute was unanimously ruled a violation of the victims, Locke said. First Amendment by the U.S. Supreme Court and struck The decision to simply use the general forfeiture down in 1991. Since then, most of the derivative laws statute in Rolling’s case, the exact situation for which in other states have not been revised at all, leaving them Son of Sam laws were created, probably indicates that critically vulnerable to constitutional challenges. prosecutors did not have faith in the constitutional Because these laws restrict speech specifi cally based viability of Florida’s “Son of Sam” law, Locke said. on its content, they are subject to the strictest judicial The most important conclusion reached by her scrutiny. The Supreme Court said the New York law research, Locke said, is that state legislatures must not was dangerously overbroad and that if such restrictions wait until a court overturns their “Son of Sam” laws to had been in place in the past, they would have prevented recognize the need to make revisions or change their the publication of important works such as Malcolm X’s policies. autobiography and Thoreau’s “Civil Disobedience.” “These laws are so rarely used, but when they are, Since 1991, California, Nevada and Rhode Island they are really important,” Locke said. “Why wait until have had their Son of Sam laws overturned by courts on a high-stakes case comes along and it’s too late?” First Amendment grounds. —Jay Goodwin

SPRING 2008 67 Calendar of Events

2008 Sept. 27 June 19 Weyrauch Symposium Florida Bar Annual UF Law Alumni Reception Keynote speaker – Gary Melton, 6:30 – 8:00 pm director of the Institute on Family Boca Raton Resort and Club and Neighbor Life at Contact: Victoria Rudd, 352-273-0640 Clemson University Boca Raton, Fla. Contact: Debbie Willis, 352-273-0613.

Sept. 5 Oct. 24 Moot Court Final Four UF Homecoming Time & location TBA. Nov. 17 Sept. 17 Inaugural Marshall Criser Distinguished Constitution Day Program Lecture Series. Time & location TBA. Time & location TBA. 2009 Sept. 26-27 April 24 & 25 Board of Trustees/Law Alumni Council Board 100 Year Celebration/All Classes Meetings at the Levin College of Law. Reunion – activities, times and locations Contact: Development & Alumni Affairs, TBA. Contact: Development & Alumni Affairs, 352-273-0640 352-273-0640.

Fall Book Award Ceremony in the Chesterfi eld Smith Ceremonial Classroom, time TBA. Contact Sara Grimm, 352-273-0640

NON-PROFIT ORGANIZATION U.S. POSTAGE PAID JACKSONVILLE, FL PERMIT NO. 877 Levin College of Law P.O. Box 117633 Gainesville, FL 32611-7633