U N I V E R S I T Y O F M I A M I S C H O O L O F L A W
Spring 2001 Alumni Magazine Volume LIV, Number 1 BARRISTER
Bush Nominates Sue Cobb to be Ambassador see page 5
South Florida Alumni on ‘Best Lawyers’ List
see page 8
UM Law’s Faculty Excel
see page 3 U N I V E R S I T Y O F M I A M I S C H O O L O F L A W
Spring 2001 Alumni Magazine Volume LIV, Number 1 BARRISTER 1 Message from the Dean 3 UM Law’s Faculty Ranks Among Nation’s Best 5 Sue Cobb, JD ’78, to Be Ambassador to Jamaica page 5 5 Bush Taps Richard Hauser, JD ’68, to Be HUD General Counsel
6 Prof. John Hart Ely Is 4th Most Cited Legal Scholar Ever 6 Prof. Abraham Accepts Princeton Fellowship 6 Four Professors to Leave 7 Nicaraguans Consult with Prof. Iglesias on Ethics and page 9 Public Trust 7 Judge Cristol to Publish Book 8 South Florida Alumni on ‘Best Lawyers’ List 9 Janet Reno Relates Thoughts on Law, Public Service, Years as Attorney General page 12
April 2001 U N I V E R S I T Y O F M I A M I S C H O O L O F L A W Alumni Magazine Volume LIV Number 1 BARRISTER BARRISTER is published by the Office of Law Development and Alumni Relations of the University of Miami School of Law. Address correspondence to Barrister, University of Miami School of Law, P.O. Box Bush Nominates 248087, Coral Gables, Florida 33124-8087. Telephone: 305-284-3470. E-Mail: [email protected], Sue Cobb to be Web site: www.law.miami.edu. Copyright 2001 University of Miami School of Law. All rights reserved. Ambassador see page 5 DEAN Dennis O. Lynch South Florida ASSOCIATE DEAN Stephen J. Schnably Alumni on ‘Best Lawyers’ ASSISTANT DEAN FOR EXTERNAL AFFAIRS Carol Cope List see page 8 ASSOCIATE DEAN OF STUDENTS William VanderWyden
UM Law’s DIRECTOR OF LAW PUBLICATIONS & COMMUNICATIONS John Burch Faculty Excel see page 3 DIRECTOR OF LAW ALUMNI RELATIONS Cynthia Sikorski PRESIDENT, LAW ALUMNI ASSOCIATION Gary M. Carman
Design by Yvonne Oulton, Shore Studios, Inc. U N I V E R S I T Y O F M I A M I S C H O O L O F L A W
Spring 2001 Alumni Magazine Volume LIV, Number 1 BARRISTER
10 David Boies Says Rule of Law Evident in Election Controversy 11 Ellen Freidin, JD ’78, Receives Lawyers in Leadership Award 12 A Response to World Terrorism: The Anti-Terrorism and Effective Death Penalty Act of 1996
page 10 14 Worldwide Reunion 2001
15 Moot Court Board Unveils Alumni Wall of Fame
15 SBA Requests Information
20 UM Law Alumni Elected to ALI Council 20 Reception to Honor Lamm, Astigarraga 21 LL.M. Student Takes Break to Keep the Peace page 14 23 Barrister’s Ball 2001 Honors Students and Faculty 25 Mentors Answer HLSA’s Call 25 UM Law Events Calendar 26 Reception to Honor Todd Aronovitz, JD ’74 27 Law Alumni Association Nominees For Director 2001– 2002 Ballot 29 Faculty in the News page 21 30 Class Notes 41 Faculty Publications of the University of Miami School of Law Message from the Dean
I am happy to report that UM Law School and providing an interdiscipli- School is increasingly recognized as a nary perspective on the world’s national law school. Our pool of ap- most ambitious restoration effort. plicants to the Law School is up by 22 Prof. Thompson will return to teach percent this year, with over two-thirds in the Spring 2002 semester and con- of our applicants from out-of-state. tinue as director of the Center for Our student admissions from other the Study of Mergers & Acquisitions states and even other countries con- and its two annual spring institutes. tinue to grow each year. We also welcome Prof. Richard Williamson, our former associate dean, As you will read in the pages of this who will rejoin us next fall after a stimu- issue of the Barrister, our talented Law lating year as a Fulbright Scholar in Faculty continues its tradition of ex- Leipzig, Germany. cellence in both the quantity and quality of its scholarly publications in Our alumni continue to receive na- the most respected law reviews and tional and international recognition. legal journals. Based upon a recent It’s almost impossible to recognize all survey by author Brian Leiter, The New our UM Law alumni who have Educational Quality Ranking of U.S. achieved important professional rec- Law Schools ranks our faculty 21st cial and cultural interests. They have been ognition in their careers. In this issue among the nation’s law schools in instrumental in organizing LatCrit an- of the Barrister, however, we print the terms of scholarly impact. John Hart nual conferences here and abroad, the lengthy list of those in South Florida Ely, present holder of the endowed most recent being LatCrit VI, held in recently honored in the publication The Richard A. Hausler Chair at UM Law, Gainesville, Fla., on April 26-29, 2001. Best Lawyers in America 2001-2002, is a nationally recognized constitu- Prof. David Abraham has accepted a with congratulations to those named tional scholar and author who is the one-year fellowship at Princeton (and apologies to those who should fourth most cited legal authority of all University’s prestigious Davis Center for have been on the list). I know you time, just behind Oliver Wendell Historical Studies, a leading research share my pride in the scores of our Holmes. center. He will rejoin our faculty at the alumni who achieved this national recognition. In addition, our faculty members completion of the fellowship. During the continue to undertake important mis- fall 2000 semester, Prof. Jonathon Simon In the past two years as your dean, I sions in the Miami community and the was a Senior Fellow with the Open So- have been gratified to learn about our world at large. Prof. Lisa Iglesias re- ciety Institute under a grant from the alumni who are scattered throughout cently traveled to Nicaragua as a Soros Foundation. He has also been the world and occupy positions at the member of the Miami-Dade Ethics completing work on a book on the topic highest levels. For example, we have Commission to assist nongovern- Governing Through Crime. more than 700 alumni in the New York mental organizations in combating We welcome Prof. Mary Doyle and City area, and more than 300 in Chi- corruption in their country. Prof. Prof. Samuel Thompson, Jr., both cago. I had the opportunity to visit Iglesias and UM Law Prof. Frank former UM Law School deans, back to with several of these alumni this Valdes helped found the LatCrit move- campus for the coming academic year. spring, including associates and part- ment, which draws on a tradition in Prof. Doyle will be continuing her work ners at major law firms in both cities, American legal theory that focuses on in the historic restoration of the Ever- and I am inspired by their enthusiasm equality under the law for diverse so- glades ecosystem, teaching at the Law and proud of their many successes.
1 Janet Stearns, director of our Inter- the families of Brothers to the Rescue Enclosed in this issue of the Barris- national and Foreign Programs, fliers shot down over international wa- ter is a donation envelope for your use. arranged a reunion for international ters by the Cuban Air Force. The list of Please take a moment to review it and, graduates on our campus in March. alumni accomplishments goes on and on. if possible, return it to us with a gift She is planning another reunion this Our alumni are truly the Law School’s or a pledge. Please note that you can summer in Munich, which many of ambassadors to the world. use this envelope to join the Dean’s our European graduates are expected Circle or to direct a gift of any amount Reminder: Included in this issue of the to attend. Best of all, our alumni con- to the Law School endeavor of your Barrister is the ballot for the Law Alumni tinue to offer their support to each choice: to any one of our endowed Association Board of Directors. Please other and to their alma mater. Faculty Chairs; to student scholarships remember to cast your vote in this im- in general or to a particular scholar- As you may know, two of our UM portant election. Law alumni have recently been ship of your choice; to programmatic I know you will agree with me that, by tapped by the George W. Bush Ad- endeavors such as the Children and almost any measure, UM Law is truly a ministration for important national Youth Law Clinic; or to the Law national law school. This is the result of positions. We congratulate Sue Cobb, School’s Annual Fund, which enables years of hard work, planning, fund-rais- JD ’78, on her nomination as am- us to support the school’s mission ing for endowed scholarships and faculty bassador to Jamaica. As she prepares where the need is greatest. chairs, distinguished faculty endeavors, for Congressional hearings on her Please be sure to indicate your and, most fundamental, the dedication appointment, we send our best wishes choice clearly on the donation enve- and support of our loyal alumni. Your for her success. The Bush Adminis- lope so that we can follow your wishes. friends at the Law School thank you for tration also announced the nomina- Should you have any questions or wish your loyalty and your assistance. tion of Richard Hauser, JD ’68, as to discuss giving opportunities, please general counsel to the Secretary of the As we celebrate the successes of our call me personally, and I will be happy Department of Housing and Urban school and our alumni, we must also look to talk with you. to the future and rededicate ourselves to Development. I know you join me in As always, I welcome your com- ensuring excellence in legal education at sending congratulations and best ments and suggestions, and I look UM Law School. Now I ask you to join wishes to these outstanding alumni as forward to hearing from you. I hope your friends and colleagues in increasing they embark upon important national to see you at events on campus and in your support of our efforts and our vi- roles. I am happy to report that both the community throughout the year. Cobb and Hauser remain strong sup- sion for UM Law. Your assistance is more porters of the Law School. We appre- crucial than ever as we work to consoli- ciate their loyalty and commitment date and expand our national reputation and we are proud of their accomplish- and to recognize and support our alumni ments. and their achievements. We also congratulate José I am grateful to those of you who have Astigarraga, JD ’78, and Carolyn accepted my invitation to become mem- Dennis O. Lynch Lamm, JD ’73, on their service to the bers of the Dean’s Circle. We were pleased Dean prestigious Council of the American that more than 80 members attended our Law Institute. In this issue of the Bar- recent luncheon featuring attorney David rister, UM Law Alumnus Frank Boies as guest speaker. I hope that more Angones, JD ’76, writes about his pre- of you will join the Dean’s Circle in the cedent-setting litigation on behalf of future.
2 UM Law’s Faculty Ranks Among Nation’s Best
W ith varied legal backgrounds and a 26 wide range of interests and expertise, UM 25 27 Law’s faculty comprise one of the School’s strongest assets. 23 22 24 Faculty members are highly regarded 19 nationally and internationally in such 18 areas as taxation, estate planning, men- 20 tal health law, constitutional law, legal 21 ethics, litigation skills, and antidiscrimi- 15 nation law. The faculty is particularly 14 16 17 strong in the area of international law. More than half of the faculty have writ- ten or taught in international or comparative law fields in the past five 12 13 years. 10 11 UM Law faculty appear frequently in newspaper and magazine articles as well 7 8 9 as on radio and television as reporters seek their legal insight on developing news. For instance, during the Elian Gonzalez events and during last fall’s 4 5 6 Presidential election vote count con- troversy, many of them were besieged by the nation’s and the world’s press on a daily basis. 1 2 The Law School also attracts visiting faculty from around the world, as well as 3 adjunct faculty with experience in inter- national transactions, adding even greater depth to the international and foreign programs. A recent study of U.S. law schools by Brian Leiter, The New Educational Qual- ity Ranking of U.S. Law Schools, ranks UM Law 21st among the nation’s law schools in terms of scholarly impact. Cover Photo—UM Law’s outstanding faculty includes, among others, (1) Daniel Along with their work on high-impact Murray, professor emeritus, (2) David Abraham, (3) Sally Wise, (4) Lili Levi, litigation, advice to domestic and foreign (5) Martha Mahoney, (6) Enrique Fernandez Barros, (7) Terence Anderson, governments, service on high-profile (8) M. Minnette Massey, (9) Sharon Keller, (10) Robert Rosen, (11) Frances Hill, councils, and speaking engagements at (12) Mary Coombs, (13) Ellen Bresler, assistant visiting professor, (14) Alan national and international seminars, fac- Swan, (15) Bernard Oxman, (16) Keith Rosenn, (17) Elliott Manning, (18) Michael ulty members have become well known Graham, (19) Patrick Gudridge, (20) Clark Freshman, (21) Anthony Alfieri, as authors of books and articles published (22) William Blatt, (23) Tom Robinson, (24) Michael Fischl, (25) Michael in law journals. For instance, from 1998- Froomkin, (26) John Gaubatz, and (27) Edgardo Rotman. 2000, full-time UM Law faculty members 3 published 44 law-related books and 254 on Taxation, Professor Blatt is an award- law, jurisprudence, and the law govern- articles. Visiting faculty members who winning author on tax legislation and ing employment relations. were at UM Law during the 2000-2001 policy. He teaches taxation and Donna K. Coker, B.S.W., Harding U.; academic year published another 9 books legislation. M.S.W., U. of Arkansas at Little Rock; and 17 articles during the three-year pe- Caroline M. Bradley, LL.M., Jesus Col- J.D., Stanford U. A nationally recog- riod. [See listing of publications in the back lege, Cambridge. Formerly a tenured law nized legal expert in the field of domestic of this issue of the Barrister.] professor at the London School of Eco- violence, she teaches courses in family The following are the regular faculty— nomics, she is an expert on European law and substantive criminal law and professors of law unless otherwise securities regulation and co-chair of the seminars on domestic violence, race, gen- indicated—as well as recurring visiting LL.M. program in International Law. der, crime and the criminal justice faculty of the School of Law: Professor Bradley teaches European system. David Abraham, B.A., M.A., and Union law, U.S. securities regulation, Mary I. Coombs, B.A., M.A. (sociol- Ph.D., U. of Chicago; J.D., U. of Penn- and business associations. ogy), M.A. (library science), and J.D., sylvania. A scholar of the history of the Hugo Caminos, visiting professor of law, U. of Michigan. An expert in the fields Weimar Republic period in Germany, is a judge at the International Tribunal of family and criminal law, Professor Professor Abraham is in great demand for the Law of the Sea, headquartered in Coombs has developed innovative in the United States, Germany and Hamburg, Germany. He is professor of courses in women’s law, reproductive Israel as a lecturer on immigration and law emeritus at the University of Buenos technology and international criminal the meaning of citizenship in modern Aires, former Argentine Ambassador to law. She teaches criminal law, family law societies. He teaches property law, im- Brazil, and former General Counsel of and feminist jurisprudence. migration and citizenship law, and law the Organization of American States. Stephen M. Diamond, B.A., Swarthmore and transition to capitalism and democ- Professor Caminos teaches law of the sea, C.; certificate in social anthropology, racy in Eastern Europe. international law, and the inter-Ameri- Cambridge U.; A.M., Ph.D., and J.D., Anthony V. Alfieri, A.B. Brown U.; can system. Harvard U. A legal historian with J.D., Columbia U. Professor Alfieri is Kenneth M. Casebeer, A.B., George- expertise in the history of local govern- the director of the Center for Ethics and town U.; J.D., Harvard U. Professor ment, and in state and federal regulation Public Service, which has won numer- Casebeer is a noted expert on the his- of alcoholic beverages, Professor Dia- ous state and national awards for tory of labor law and the U.S. labor mond has testified before the Senate on innovative ethics and professionalism movement and an authority on U.S. the constitutionality of proposed changes programs for students, lawyers and the constitutional law, democracy, and the in the federal liquor law. He is an ex- public. He teaches civil procedure and modern state. He teaches constitutional pert in the field of food safety regulation professional responsibility. (Continued on page 16) Terence J. Anderson, B.A.,Wabash C.; J.D., U. of Chicago. Professor Anderson is one of the few lawyers and the only academic to have served as principal counsel in an impeachment trial in the Senate, representing Alcee Hastings, now a member of the U.S. House of Rep- resentatives. Not surprisingly, Professor Anderson was in great demand by the media during the trial of President Clinton. During the vote count contro- versy surrounding the 2000 Presidential election, he was one of several UM Law professors to whom the nation’s journal- ists turned day after day for legal perspective. He teaches evidence and el- ements. William S. Blatt, A.B., Dartmouth C.; J.D., Harvard U. A former staff member Prof. D. Marvin Jones takes advantage of perfect weather to conduct his employment of the Congressional Joint Committee discrimination class outdoors. 4 Sue Cobb, JD ’78, to Be Ambassador to Jamaica President George W. Bush has nomi- She serves on the boards of directors nated UM Law alumna Sue Cobb, JD ’78, of LNR Properties, Inc.; Durango Moun- to be the U.S. ambassador to Jamaica. tain Resort, LLC; and Kirkwood “Sue Cobb’s leadership, public service, Associates, Inc.; and several other state and business experience will make her and local organizations. Previously, she an outstanding ambassador to Jamaica,” was the founding director of the Public Bush said. “I am pleased that she has Finance Department of the Greenberg agreed to serve.” Traurig law firm, and she served as chair- man of the board of the Federal Reserve Cobb is managing director and gen- Bank Miami Branch for three terms. eral counsel of Cobb Partners, Ltd., a private investment firm in Coral Gables Sue Cobb was a nationally ranked skier that provides venture capital and man- and tennis player and is an experienced agement expertise to companies in mountain climber. She is the author of federal levels and are active in business several industries, with an emphasis The Edge of Everest, which chronicles her and civic affairs throughout Florida. She on real estate and resort development. attempt to be the first woman from the has received numerous honors, includ- United States to reach the summit of ing the Order of the Falcon from the In 1998, she served as a personal advi- Mount Everest. She has served as key- nation of Iceland, the Red Cross Hu- sor to Jeb Bush (with a focus on the note speaker in various forums around manitarian of the Year Award, the Silver vetting process) during his successful the world, drawing on her mountain Medallion Award from the National Con- campaign to be governor of Florida. In climbing experiences to frame a meta- ference of Community and Justice for 1999, Cobb served on the Bush-Brogan phor for all of life’s challenges and contributions to civic causes and to hu- transition team and was appointed in- rewards. She also has been commence- manity, as well as other legal and terim secretary of the Florida lottery. In ment speaker at high schools and colleges educational recognitions. July 2000, Governor Bush appointed her and featured speaker at conferences for to the Florida Supreme Court Judicial Mr. and Mrs. Cobb were recently corporations and other groups. Nominating Commission. She was also named “Philantropists of the Year” by the the primary coordinator of statewide Sue Cobb and her husband, Charles National Society of Fund Raising Execu- attorney volunteers in the November- (who was ambassador to Iceland under tives in Miami. Their primary residence December 2000 Florida vote recount the previous Bush administration), have is in Miami. They have been married 42 effort. been active fundraisers for the Re- years and have two sons and six grand- publican Party at both the state and children. Bush Taps Richard Hauser, JD ’68, To Be HUD General Counsel President George W. Bush has nomi- nia Avenue Development Corporation, nated Richard Hauser to be general a position he held until April 1996. counsel of the Department of Housing He served in the Justice Department and Urban Development. from 1971 to 1975 as an attorney advi- Hauser, a 1968 graduate of the Uni- sor to the deputy attorney general and versity of Miami School of Law, is a later as deputy director of the office of partner with the law firm of Baker and Justice Policy and Planning. Hostetler and previously served as deputy He served as law clerk to the chief White House counsel from 1981 to 1986. judge of the U.S. District Court for the He was appointed by President Ronald Southern District of Florida from 1968 Regan and reappointed by President to 1970 and as assistant U.S. attorney George H. Bush to serve as chairman of for the Southern District of Florida from the board of directors of the Pennsylva- 1970 to 1972. 5 Prof. John Hart Ely Is 4th Most Prof. Abraham Cited Legal Scholar Ever Accepts
A ccording to Shapiro pointed out that the list of Princeton studies published most cited scholars covers legal and so- in the University cial science articles indexed by the Social Fellowship of Chicago’s Jour- Sciences Citation Index from 1956 to P nal of Legal Studies, 1999. More than 100 legal periodicals rof. David Abraham has accepted a one-year fellowship at Princeton the University of plus more than 1,000 periodicals from a University’s Davis Center for Histori- Miami School of wide range of social sciences are included cal Studies, a leading history Law’s Professor in the index. Although coverage is research center. John Hart Ely is worldwide, most of the journals included the fourth most are American. Citations are for periodi- While serving his fellowship, dur- frequently cited American legal scholar cals, books, articles, and other ing the next academic year, he will of all time. publications (even works published prior conduct research and write on the to 1956, but cited in that year or later). issue of “The Decline of Citizenship With 3,032 cites, he comes just after in the U.S., Germany, and Israel.” Oliver Wendell Holmes (who was cited The list of most cited legal books, The holder of a Ph.D. in history as 3,665 times) and ahead of Roscoe Pound Shapiro explained, is for books cited in well as a J.D., Professor Abraham is a (who had 3,018 cites). Richard A. Posner legal scholarship, not in court decisions. scholar of the history of the Weimar was in first place with 7,981 cites, and He used 1978 as the starting point for Republic period in Germany. Prior to Ronald Dworkin in second, with 4,488. his most-cited-book list “because of the entering law school, he taught for Moreover, Ely’s 1980 book, Democracy limitations of the data” available about many years in Princeton’s history de- and Distrust: A Theory of Judicial Review, books published before that time. partment. He is in great demand is the most cited legal book since 1978. He noted that citation counts are “rela- in the United States, Germany, It has been cited 1,460 times. (Professor tively objective tools for assessing and Israel as a lecturer on immigra- Dworkin’s Law’s Empire, which finished scholarly impact” and can be used “to tion and the meaning of citizenship second, came in at 904 citations.) gauge the impact of a given author or in modern societies. One of the nation’s foremost consti- writing.” His articles were printed in the At UM Law, he teaches property tutional law experts and theorists, Ely is January 2000 issue of the Journal of Legal law, elements of the law, immigration the Richard A. Hausler Professor of Law Studies. and citizenship law, law and transi- at the University of Miami School of tion to capitalism and democracy in Law. He also has been on the faculties Eastern Europe, and legal history. of Harvard and Yale and dean of Stanford Law School. Professor Ely is the author of On Con- 4 Professors to Leave stitutional Ground (1996), War and After years of little change in the Daniels will move to the Worcester, Responsibility (1993), and Democracy and makeup of UM Law’s tenured faculty, Mass., area. Stefan will represent people Distrust, which won the Order of the Coif four professors will leave the School fol- in psychiatric facilities through indi- award as the best book about law pub- lowing the Spring 2001 semester. vidual and systemic litigation at the lished in 1980-82. Prof. George Mundstock will join Center for Public Representation, a The author of the Journal of Legal Stud- the faculty of the University of Min- non-profit public interest law firm in Newton, Mass., and Daniels will teach ies articles, Fred R. Shapiro, is assistant nesota Law School, where he will hold high school social studies. librarian for public services and lecturer a chaired position. in legal research at Yale Law School. He Prof. Grayson McCouch will join the The University of Miami School of also is the editor of the Oxford Dictio- tenured faculty of the University of San Law will hold a farewell reception to nary of American Legal Quotations and Diego School of Law. honor the four professors Thursday, co-editor of Trial and Error: An Oxford May 10, in the University of Miami Prof. Susan Stefan and Prof. Wes Anthology of Legal Stories. Faculty Club. 6 Nicaraguans Consult with Prof. Iglesias On Ethics and Public Trust
L ast October, a very high level,” Iglesias noted. “For professors and community activists in the Prof. Lisa Iglesias that reason, it is very difficult to fight. United States, Latin America, Europe, traveled to Nicara- However, there is a big anticorruption and South Africa attending annual gua at the invita- agenda being developed, much of it com- conferences. tion of the U.S. ing out of Washington. The intellectual “Professor Valdes and I have put to- State Department and political origins of ideas are coming gether the last three annual conferences, in response to from our system.” including LatCrit VI, April 26-29, 2001, requests from She pointed out that many problems in Gainesville, Fla. This year’s event in- Nicaraguan non- in Nicaragua and other Latin American cludes a substantial number of scholars governmental organizations involved in countries can be attributed in part to the from Spain,” Iglesias noted. “Future an- combating corruption in their country. inability of citizens to challenge the ac- nual conferences will be held in Along with Robert Meyers, executive tions of bureaucrats. Nicaragua, Colombia, South Africa, director of the Miami-Dade Ethics Com- “Moreover, there are no money laun- Mexico, and Spain.” mission, she made presentations to law dering laws and no procedures for and journalism students and faculty at protecting informants and far too much two universities, and met with officials opportunity for bribery,” she said. “And, Judge Cristol from the office of Nicaragua’s vice there is no adversarial system with pros- president, staff members from the anti- ecutors and defense attorneys; the judge To Publish corruption and justice committees of does the investigating during a trial.” She Nicaragua’s National Assembly, officials noted that it was ironic that the same in the Nicaraguan Inspector General’s day she and Meyers left Nicaragua the Book Office, several Supreme Court Magis- Nicaraguan General Assembly voted Chief Judge Emeritus A. Jay Cristol trates, and officials at the U.S. embassy, against expanding the powers of the of the United States Bankruptcy the American Chamber of Commerce in nation’s comptroller general. Court, South- Nicaragua, and the U.S. Agency for In- Iglesias emphasized that her trip to ern District of ternational Development. Nicaragua and her work on the Com- Florida, UM Law According to Iglesias, the Nicara- mission on Ethics and Public Trust relate Class of 1959, guans—especially those from non- closely to her involvement in the LatCrit has signed a governmental organizations—were movement, which she and UM Law’s contract with especially curious about the Miami-Dade Prof. Frank Valdes helped found. Brassey’s Mili- Ethics Commission and its role in re- According to Iglesias, “‘LatCrit’ refers tary Publishing viewing and enforcing county and to ‘Latina/o Critical Legal Theory’ and Company, one municipal ethics codes, conflict of in- draws on a tradition in American legal of the world’s terest ordinances, lobbyist registration theory that has included critical femi- oldest and most and reporting ordinances, and Citizen’s nist and race theory and focuses on respected military publishers, to pub- Bill of Rights.. equality and the interests of different lish his historical, nonfiction book, Iglesias is one of five members on the social and cultural identities. It seeks to The Liberty Incident. Ethics Commission (also known as the recognize the limitation of various civil The book is based on 10 years of “Commission on Ethics and Public rights paradigms. For instance, language Trust”), which was created by Miami- discrimination and immigration discrimi- research, which earned Judge Cristol Dade’s Board of County Commissioners nation are not necessarily important his Ph.D. from the Graduate School to monitor and review the conduct of issues for general civil rights, but they of International Studies at the Uni- county public officials, government em- are very important for the civil rights of versity of Miami in 1997. It is a more ployees, lobbyists, and candidates for Latinos living in the United States.” readable version of that academic work and took an additional three years to elected office. The LatCrit movement, now in its complete. It is anticipated to be in “In Nicaragua, as in many Latin sixth year, has evolved into an interna- print by Fall 2001. American countries, the corruption is at tional endeavor, with about 150 law 7 South Florida Alumni on ‘Best Lawyers’ List
Editor’s Note: This list includes only those Robert A. Schatzman (JD ’71), Melvin S. Black (JD ’69), Melvin S. UM Law alumni who are practicing in South Adorno & Zeder, Miami. Black, P.A., Coconut Grove. Florida. Others who received the prestigious Roy Black (JD ’70), Black Srebnick designation—such as Steven T. Mindlin, of Business Litigation & Kornspan, Miami. Rose Sundstrom & Bentley, LLP, in Talla- Richard H. Critchlow (JD ’73), Irwin J. Block (JD ’50), Adorno & hassee—are not listed. Alumni who were Kenny Nachwalter Seymour Arnold Zeder, Miami. named to the Best Lawyers list but are not Critchlow & Spector, Miami. Jack M. Denaro (JD ’68) (federal included here are invited to send a letter, fax, Richard M. Dunn (JD ’70), Bilzin court, state court, violent and or e-mail to the editor for inclusion in “Class Sumberg Dunn Baena Price & nonviolent crimes), Jack M. Denaro, Notes” in the next issue of the Barrister. Axelrod, Miami. P.A., Miami. Arthur J. England Jr. (JD ’72) Fred Haddad (JD ’74) (federal), The recently published edition of The (appellate), Greenberg Traurig, Haddad and Hester, Fort Lauderdale. Miami. Best Lawyers in America 2001-2002 lists Joel Hirschhorn (JD ’68), scores of UM Law alumni practicing in Henry Latimer (JD ’73), Eckert Hirschhorn & Biever, Coral Gables. South Florida as among the best practi- Seamans Cherin & Mellott, Fort James J. Hogan (JD ’62)(federal and tioners in America in their specialties. Lauderdale. state courts), Hogan Greer & Published biennially since 1983, The Joseph M. Matthews (JD ’77), Shapiro, Miami. Best Lawyers in America is widely regarded Colson Hicks Eidson, Coral Gables. Theodore Klein (JD ’64), Bierman as the preeminent referral guide to the Michael Nachwalter (JD ’67) (anti- Shohat Loewry & Klein, Miami. legal profession of the United States. The trust, banking, commercial, Benedict P. Kuehne (JD ’77)(appel- Best Lawyers lists, representing 27 spe- securities), Kenny Nachwalter late), Sale & Kuehne, Miami. Seymour Arnold Critchlow & cialties in all 50 states and the District Bruce M. Lyons (JD ’67), Lyons and of Columbia, are compiled through an Spector, Miami. Sanders, Fort Lauderdale. Brian F. Spector (JD ’78), Kenny exhaustive peer-review survey in which Elliott H. Scherker (JD ’75)(appel- thousands of the top lawyers in the U.S. Nachwalter Seymour Arnold late), Greenberg Traurig, Miami. confidentially evaluate their professional Critchlow & Spector, Miami. Edward R. Shohat (JD ’72), Bierman peers. The current edition is based on Harley Tropin (JD ’77) (commercial Shohat Loewry & Klein, Miami. more than 350,000 detailed evaluations. litigation), Kozyak Tropin & H.T. Smith (JD ’73), H.T. Smith, Throckmorton, Miami. The following UM Law alumni prac- P.A., Miami. ticing in South Florida made the elite Corporate Law Neal R. Sonnett (JD ’67), Neal R. list: Sonnett, P.A., Miami. Larry J. Hoffman (JD ’54), Bankruptcy Greenberg Traurig, Miami. Employee Benefits Law Janie L. Anderson (JD ’86), Shook Thomas R. McGulgan (JD ’74), Sharon Quinn Dixon (JD ’89), Hardy & Bacon, Miami. Steel Hector & Davis, Miami. Stearns Weaver Miller Weissler Howard J. Berlin (JD ’79), Kluger Steven Sonberg (JD ’72), Holland & Alhadeff & Sitterson, Miami. Peretz Kaplan & Berlin, Miami. Knight, Miami. Robert J. Friedman (JD ’58), Holland Jerry M. Markowitz (JD ’74), C. Thomas Tew (JD ’66), Tew & Knight, Miami. Cardenas Rebak Kellogg Lehman Markowitz Davis Ringel & Trusty, Lawrence M. Ploucha (JD ’80), Miami. DeMaray & Teague, Miami. Atkinson Diner Stone Mankuta & Harold D. Moorefield Jr. (JD ’77), Criminal Defense Ploucha, Hollywood. Stearns Weaver Miller Weissler Alhadeff & Sitterson, Miami. Donald I. Bierman (JD ’65)(federal Environmental Law court, nonviolent crimes, state Patricia A. Redmond (JD ’79), James R. Brindell (’69), Gunster court, white collar tax), Bierman Stearns Weaver Miller Weissler Yoakley, West Palm Beach. Shohat Loewy & Klein, Miami. Alhadeff & Sitterson, Miami. (Continued on page 22) 8 Janet Reno Relates Thoughts on Law, Public Service, Years as Attorney General
You can go home again,” said former Attorney General Janet Reno, rephras- ing Thomas Wolfe, and from the welcome she received from the more than 200 UM Law students, faculty and alumni at the Law School Thursday, April 12, she was right. Hosted by Miami Law Women, the event consisted of a 45-minute presen- tation by Reno to an overflow crowd in Room 352. Following a question-and- answer session, there was a reception in the Student Lounge, where students and members of the news media had the op- portunity to speak with her individually. Reno’s presentation ranged from her love and respect for the law and for pub- Janet Reno spoke before an overflow crowd. lic service, to the importance of family, the Presidential election, and her appear- ance on Saturday Night Live.
“It’s wonderful to be back,” she said. At the reception Because of her years in Miami (includ- following her ing 14 as state attorney for Dade County) presentation, and her associations through the years Janet Reno chats with Michelle with UM Law faculty and students, the Stroyer and SBA Harvard Law graduate said, “I almost feel President Jeff as if [UM Law] is my law school.” Cazeau. Referring to the controversy over her decision to return Elian Gonzalez to his father in Cuba, Reno spoke of coming “home to a community that had been torn by an action of mine. “I am very sympathetic to the Cuban community,” she said. “I did what I Janet Reno, thought I had to do on evidence and the second from left, with Miami Law law, and tried to do what was right.” Women leaders, Although many disagreed with her, from left, Tiffany Reno said, she has felt welcomed back Prow, past president; Shahar into the community since January 20, Vinayi, president; when “a great weight lifted off my shoul- and Fara T. Gold, ders” and she became a private citizen president elect. again. (Continued on page 10) 9 (Continued from page 9) Janet Reno Discusses Law, Public Service, Years in Cabinet
“The First Amendment is alive and well in Miami-Dade County,” she empha- sized. “To talk things out is the best way to deal with disagreement.” Laughter is also important, she said, referring to her Saturday Night Live ap- pearance. “It is so important to laugh sometimes and so important for Ameri- David Boies speaks at March 29 Dean’s Circle luncheon. cans to laugh together.” On her eight years as attorney general, David Boies Says Rule of Law she said it was “the greatest opportunity any lawyer could have to try to use the Evident in Election Controversy law in the right way. . . . [The experi- ence left her] prouder to be a lawyer than David Boies, leader of Al Gore’s legal What we do know is that the legal pro- ever before. I love the law, and I love team in the dramatic election 2000 con- cess determined the winner, and we can lawyers.” troversy, told members of UM Law’s have confidence that the process Using last year’s Presidential election Dean’s Circle that he takes great pride worked, and that process is far more as an example of the nation’s strength as in having been part of that process, important than who is in the White a democracy ruled by law, she said, “We which he termed “the rule of law at its House,” he emphasized. may disagree with how the election pro- best.” One of the brightest stars in the most cess turned out, but the law worked, and Speaking at the March 29 Dean’s Circle publicized legal battle of our time, Boies this nation goes forward without crisis.” luncheon at the Bankers Club in Miami, has been dubbed the “Michael Jordan of Reno emphasized the importance of he said, “The hallmark of a democracy is the courtroom.” During a legal career public service and of ensuring that all that you accept the final judicial deci- that spans three decades, he often has segments of American society have a sion. When the U.S. Supreme Court been in the spotlight in cases such as voice in the law. Stressing a multidisci- makes that kind of decision, you respect the Westmoreland libel suit, the plinary approach to solving violence it. . . . That is something we can be proud Microsoft case, the Sotheby’s/Christie’s and other problems facing today’s soci- of in our country. Both sides agreed that litigation, and the Napster case. In 1999, ety, she said lawyers can lead the way, there would be a final result, and both The National Law Journal named him working with professionals from such sides would abide by it. We accept the Lawyer of the Year. fields as health care, technology, and ar- result that Bush is President. Even if the The Dean’s Circle is made up of alumni chitecture. process was not perfect, at least we have and friends of UM Law who support the “Law is a beautiful profession, but don’t a rule of law that has durability, stabil- School with annual gifts of $1,000 and let it be your master; use it to serve oth- ity, and predictability. higher. Each year, the School holds sev- ers, and don’t forget your family,” she “We know which candidate got the eral events—such as the March 29 said. majority of the popular vote. We may luncheon— for Dean’s Circle members. never know who really won Florida. 10 Ellen Freidin, JD ’78, Receives Lawyers in Leadership Award
From left, Geri Howell, Jason Kairalla, Ellen Freidin, and Jason Ming discuss aspects of Freidin’s career that led to her receiving the Lawyers in Leadership Award.
UM Law’s Center for Ethics and Pub- “I am honored to be selected by the and civil rights, as well as media law at lic Services honored Ellen Freidin, JD Center for Ethics and Public Service,” the trial and appellate levels. Highlights ’78, with its Lawyers in Leadership Freidin said. “I admire the work the of her career include graduating cum Award. The third member of the Center does, and I thoroughly enjoyed laude from UM Law, chairing the 11th Florida Bar to be so recognized, she is my time with the students. We have Circuit Judicial Nominating Commit- of counsel to the law firm of Akerman much to be proud of, as these intelligent tee, serving on the executive board of Senterfitt. and inquisitive individuals represent our the Dade County Bar Association, serv- future.” The “Lawyers in Leadership” program ing as Federal 11th Circuit Representa- invites prominent members of the com- Other recipients of the Lawyers in tive to the Federation of Women Lawyers munity to UM Law for an informal Leadership Award have been UM Presi- Judicial Screening Panel, being instruc- discussion about their careers. The se- dent Tad Foote and Joseph P. Klock, Jr., tor and adjunct professor at UM Law, ries, which offers a valuable learning JD ’73, chairman and managing partner chairing the Florida Bar Special Com- opportunity for students in all fields of of Steel Hector & Davis. . mittee for Gender Equality, and serving as a member of the 1998 Constitution study, provides an in-depth look at the Freidin practices in the litigation Revision Commission. She is well known path taken by the honorees that led them group of Akerman Senterfitt’s Miami for her work in securing equality for to success in their careers. office, focusing on employment matters women. 11 A Response to World Terrorism: The Anti- Terrorism and Effective Death Penalty Act of 1996 By Frank Angones, JD ’76
The author, UM Law alumnus Frank Angones, and Armando Alejandre met in high school and became life-long friends. After Alejandre and three other volun- teers working for Brothers to the Frank Angones Rescue were at- tacked and killed over international waters by the Cuban air force in February 1996, Angones offered his assistance to Alejandre’s family. Eventually, his help extended to the families of all four victims. Angones assembled and coordinated the le- gal team that successfully fought back against the Cuban government, resulting in the U.S. Treasury Department’s decision in February AP/WIDE WORLD PHOTOS of this year to release more than $96 million Brothers to the Rescue pilot Ivan Domaniewicz, left, and co-pilot Carlos Costa fly over in frozen Cuban funds to the slain men’s the Straits of Florida looking for people who might have been on makeshift rafts fleeing families as sanctions and compensatory dam- Cuba in this 1993 photo. Costa was one of the four men shot down by the Cuban air ages. The family of Pablo Morales did not force on Feb. 24, 1996. participate in the lawsuit because he was not an American citizen. The legal team also in- cluded the firms of Poderhurst, Orseck, Josefberg, et al; Greenberg Traurig; and tated and accepted responsibility for the United States’ and international con- Colson Hicks Eidson. killings. demnation of the shoot down came Carlos Costa, a pilot and airport ad- immediately. Congress called it “an act ministrator, was born in Florida; Mario of terrorism by the Castro regime” Carlos Costa, Armando Alejandre and de la Peña, an honors aviation college (Libertad, 22 § 6061 No. 1). Numerous Mario de la Peña, three American citi- student, was born in New Jersey. Both international organizations deplored the zens, and Pablo Morales, an American pilots had spent hundreds of hours egregious act. Among them were the resident, were murdered by the Cuban searching for rafters fleeing Cuba. United Nations Security Council and the government on February 24, 1996. They Armando Alejandre came to the United United Nations Commission on Human were killed over international waters States as a child, later became a Marine Rights, the European Union, the Inter- while flying two small, unarmed civilian and volunteered and served his adopted national Civil Aviation Organization and airplanes on a search and rescue mission country in Vietnam. At the time of his the Inter-American Commission on for Cuban rafters in the Florida Straits. death, he was helping Cuban rafters Human Rights of the Organization of the Cuban MiGs shot them down without stranded in the Bahamas. Pablo Morales, American States. any previous warning by firing air-to-air a former rafter who had been rescued in On April 24, 1996, Congress passed missiles that pulverized them and their the Florida Straits, wanted to help oth- the Anti-Terrorism and Effective Death aircraft. The Cuban government publicly ers in similar predicaments; he gave up Penalty Act of 1996 (AEDPA), Pub. L. stated that the shoot down was premedi- his free time to work as a raft spotter. no. 104-132, § 221, 110 Stat. 1214. The 12 AEDPA strips immunity from foreign made no attempts to defend itself, the Senate and House in October of 2000, states classified as terrorists by the U.S. same government that had not cared which supersedes the first bill. Department of State for terrorist acts, when it was found guilty of terrorism in A measure of justice now became pos- and allowed the three American victims’ U.S. courts now strongly opposed pay- sible for many. Valid judgments under families to seek redress in U.S. courts. ing the monetary consequences of its the AEDPA against the Republic of Iran Civil action against the Republic of Cuba actions. were held by various victims. These in- and the Cuban Air Force was instituted The collection process was long and cluded the Flatow family of New Jersey, in the United States District Court for arduous. It started in January of 1998 whose daughter Alisa had been killed in the Southern District of Florida on Oc- when the legal team asked the Treasury a terrorist bombing in Israel in 1995; tober 31, 1996. The defendants failed to Department and the Office of Foreign Associated Press reporter Terry Ander- appear, and a default judgment was en- Assets Control (OFAC) for guidance. son, kidnaped and held in Lebanon from tered against both on April 23, 1997. 1985 to 1991; Joseph Cicippio and David But since this was a claim against a for- The team then followed Treasury and OFAC’s recommendations and pro- Jacobsen, kidnaped in Lebanon in the eign state, it was still necessary to present mid-1980s, and the families of Sara evidence to satisfy the Court. ceeded against the funds that various telecommunications companies owed the Duker and Matthew Eisenfeld, who were A trial was held on the issues of liabil- Cuban government for current service. killed together in a terrorist act in Israel ity and damages. Factual testimony At the same time they filed writs of ex- in 1996. These judgments were satisfied included flight details, descriptions of ecution on AT&T and other phone in December of 2000. the murders and physical location of the companies for the blocked assets owed The Justice for Victims of Terrorism shoot down; evidence of premeditation by these companies to Cuba and held Act formally concluded the collection and identification of those intellectually by the U.S. since 1963 under the Trad- process. Compensatory damages and and materially responsible for the crimes, ing with the Enemy Act of 1917. Cuba, sanctions against Cuba for discovery from Castro on down to the MiG pilots; and the U.S., actively opposed the two matters were paid on February of 2001, international reaction to the shoot down approaches. and the families retained future rights and Cuba’s record as a terrorist country to punitive damages. and as a consistent violator of human The families had originally been en- rights. Additional testimony was pre- couraged by the Clinton administration The Anti-Terrorism and Effective sented to support the claim for to file suit under the AEDPA, and their Death Penalty Act and the Justice for compensatory damages. This trial was attorneys had asked for and received ad- Victims of Terrorism Act set a national the first legal action under the AEDPA vice from the U.S. government on the and an international precedent in the and was followed by other AEDPA ac- collection issue. All were appalled to go field of human rights and expanded the tions against the Republic of Iran. to court and find the U.S. sitting at the boundaries of the rule of law to the same table with Cuba’s attorneys to pre- international arena. They protect Ameri- On December 17, 1997, U.S. District vent this collection. The Anti-Terrorism can citizens outside the U.S. territory Federal Judge James Lawrence King en- Act, passed by Congress to protect and proclaim to terrorist nations that if tered a final judgment. Judge King found American victims of terrorism, was be- they choose to torture or murder Ameri- that “the government of Cuba, on Feb- ing foiled by the other government can citizens they will have to pay the ruary 24, 1996, in outrageous contempt entities. consequences. Hopefully, they will deter for international law and basic human future terrorist acts against Americans. rights, murdered Carlos Costa, Armando It took almost three years of courtroom Alejandre, Mario de la Peña and Pablo battles to make Judge King’s judgment a The families of Carlos Costa, Morales” (Alejandre v. Republic of Cuba, reality. On the way Cuba rerouted all tele- Armando Alejandre and Mario de la phone communications to the United 996 F. Supp. 1239, S.D. Fall 1997). He Peña accomplished through this civil States and passed a law that would im- awarded a total of $187 million compen- action what was within their power as satory and punitive damages in the first pose a surcharge on U.S. phone calls to American citizens. But they will con- judgment ever under the Anti-Terrorism the Island. There were arguments before tinue to seek criminal indictments and Act. It constituted a satisfying moral vic- the Appellate Court. Two legislative ini- prosecutions. Alejandre v. the Republic tory for the families and one that broke tiatives were completed with the help of of Cuba will never be really over until Congress and in particular of Senators legal ground. those responsible for the murders of Connie Mack, Fla., Ret., and Frank Carlos Costa, Armando Alejandre, Justice through the Anti-Terrorism Lautenberg, N.J., Ret. These included an Mario de la Peña and Pablo Morales are Act, however, could not be complete amendment to the AEDPA in October brought before U.S. courts and tried for without collection of the stipulated dam- of 1998 so it would be possible to ex- their crimes. Only then will justice be ages. The same Cuban government ecute the judgment, and the Justice for complete. which had not shown up for trial and Victims of Terrorism Act passed by the 13 Worldwide Reunion 2001
UM Law’s international and foreign programs alumni paid tribute to the late Prof. Rafael C. Benitez at “Worldwide Reunion 2001” March 15-17.
In the photo above, Justice Gerald Kogan (JD ’55) delivers the keynote address at the May 17 Reunion Dinner at the School of Law. On the easel at far left is a photograph of Professor Benitez.
Benitez’s daughter, Peg Benitez Evans, chats with an alumnus, at left, prior to delivering a moving tribute to her father, in which she recalled the significant number of foreign students whom she always considered to be part of her extended family.
At far right, Dr. Klaus Hoenig (Germany, LL.M. 1990) talks with Dean Dennis Lynch about plans for a June 2001 alumni event in Munich.
In the bottom photo, from left, are program director Janet Stearns, Barbara Buitenhuis (Netherlands, LL.M. 1999), Luis Aparicio (Colombia, LL.M. 2000), Hjortur Sverrisson (Iceland, LL.M. 1998), Alexander Dorrbecker (Germany, LL.M. 1999), and Ninfa Urdaneta (Venezuela, LL.M. 1999).
14 Moot Court Board Unveils Alumni Wall of Fame
staff for assisting in making the project a reality. “The Moot Court Board is aware that our list of previous winners is incomplete, and we would appreciate hearing from people whose names are missing from the Wall of Fame. Previous winners can check our Web site, then let us know if their names do not appear,” Reisman noted. Alumni who won moot court awards while in Law School and would like their names to be placed on the Wall should contact the Moot Court Board Office at 305-284-3170 or by e-mail at [email protected].
SBA Requests Information As the University of Miami cel- ebrates its 75th Anniversary during the next academic year, UM Law’s Moot Court Board’s new Alumni Wall of Fame draws close attention following its unveiling. Student Bar Association (SBA) will be hosting a number of events looking back on its history and This year’s Moot Court Board, under She said she was proud to see the school accomplishments. the leadership of Tiffany Prow, began a develop such a fine program and was new tradition at UM Law by presenting pleased to be part of it. Current SBA President Jeff P.H. Cazeau requests that anyone know- the School with an Alumni Wall of Fame. Judge Amy Dean, JD ’76, of the 11th ing the name or contact information Winners of past Moot Court Board com- Circuit Court, a recipient of several com- of anyone who served on the SBA petitions can see their names displayed petition awards while a student at UM Executive Board or as class president, on the first floor of the Law Library. Law, expressed her appreciation to the vice-president, secretary or treasurer At the wall’s February 8 unveiling— Moot Court Board, shared her experi- in the 30s, 40s, 50s, 60s or 70s please following a cocktail reception on The ences as a fierce student competitor and let him know. The SBA is planning Bricks—Dean Dennis Lynch commended remarked on the wonderful friendships to memorialize its 75 years of leader- the Board for providing an opportunity made at that time. ship by creating a plaque that will to recognize and remember those who Marcia Reisman, chair of the event, be dedicated some time next year contributed so much during their years thanked fellow student Santiago Gato and hung in the student lounge. To at the Law School. for his research on past winners of the contact the SBA with information Prof. M. Minnette Massey described various Moot Court Board events. She or to donate funds to this endeavor, the 25 years she spent as advisor to the also praised Dean William VanderWyden please contact Cazeau at 305-984- Moot Court Board, all of the competi- for his dedication to the project and the 9552 or [email protected]. tions and the efforts of the participants. administration, alumni office, and library
15 (Continued from page 4) Enrique Fernandez-Barros, professor Michael H. Graham, B.S.E., U. of emeritus (Iowa); J.D. and Ph.D., U. of Pennsylvania; J.D., Columbia U.; UM Law’s Havana; Ph.D., U. of Miami. Former master’s degree (criminology), Cambridge professor of law at St. Thomas Villanova University; Fulbright Fellowship. One Faculty Law School in Havana, he is the founder of the nation’s foremost experts on evi- and director of the Institute of Compara- dence, Professor Graham is also Ranks Among tive Law. Professor Fernandez-Barros responsible for the School’s exception- teaches obligations in the Spanish civil ally successful London Summer Program. Nation’s Best code and the Spanish and Venezuelan He teaches evidence, torts, civil proce- commercial codes (both in Spanish). dure, and conflict of laws. in the United States and Europe and teaches state and local government R. Michael Fischl, B.A., U. of Illinois; Patrick O. Gudridge, A.B. and J.D., law, alcohol and food law, tort law, and J.D., Harvard U. A former litigator for Harvard U. The Law School’s premier property law. the National Labor Relations Board be- “utility infielder,” Professor Gudridge is fore Appeals Courts and the Supreme an expert in such highly diverse areas as Mary Doyle, B.A., Radcliffe C.; LL.B., Court, Professor Fischl is an expert on constitutional law, jurisprudence, corpo- Columbia U. Professor Doyle has twice domestic and international labor law. He rate law, and use of computers to analyze served as Dean of the Law School. On teaches labor law, contracts and evidence. legal texts. He teaches business associa- leave of absence to serve as acting assis- tant secretary of the interior for water Clark J. Freshman, A.B., Harvard U.; tions, constitutional law, agency, and science, she will return to UM Law Honours B.A., University College, Ox- jurisprudence, and a reconstruction le- for fall semester 2001. Along with her ford U. (where he was a Marshall gal theory seminar. Department of the Interior responsibili- Scholar); J.D., Stanford U. Formerly an Susan Haack, visiting professor of law/ ties, she headed the South Florida entertainment lawyer at a prominent Los professor of philosophy; M.A., Oxford Ecosystem Restoration Task Force, the Angeles firm, Professor Freshman is an and Cambridge; B. Phil., Oxford; Ph.D., intergovernmental panel charged with expert on negotiation, mediation, arbi- Cambridge. One of 17 philosophers coordinating a 20-year $7.8 billion ef- tration and other nontrial means of whose work was included in Women Phi- fort to restore the Everglades and ensure resolving disputes. He teaches civil pro- losophers (Mary Warlock, ed., 1996), a long-term water supply for South cedure, alternative dispute resolution, Professor Haack teaches law students to Florida. She teaches property law, land arbitration, and civil rights. explore formal logic and its uses and limi- use, and water law. A. Michael Froomkin, M.Phil., Cam- tations in legal argument and reasoning. John Hart Ely, the Richard A. Hausler bridge U.; J.D., Yale U. Professor Charles M. Haar, visiting professor of Professor of Law; degrees from Princeton Froomkin has developed an international law, A.B., New York U.; M.A., U. of U., Yale U., and the London School of Economics and Political Science. Pro- reputation as a leading expert on the law Wisconsin; LL.B., Harvard U. The fessor Ely is one of the nation’s foremost and the Internet, and was selected to be Brandeis Professor of Law Emeritus at constitutional law scholars, and one of the public interest representative on a Harvard, Professor Haar has been assis- the five most commonly cited legal panel of the World Intellectual Property tant secretary in the U.S. Department scholars. He has been on the faculty at Organization. He teaches Internet law, of Housing and Urban Development and Harvard and Yale, and dean of the law of electronic commerce, juris- has chaired several Presidential task Stanford Law School. He teaches U.S. prudence, administrative law, and forces on the environment and on model constitutional law and cutting-edge constitutional law. cities. He teaches and conducts research seminars, such as “Judicial Behavior in John T. Gaubatz, B.S. (Physics), Colo- in the areas of property, land-use plan- the Context of Profoundly Immoral rado St. U.; J.D., U. of Chicago. A ning, real estate transactions, housing Regimes.” nationally recognized authority on estate policies, land reform in developing coun- planning and author of multiple tries, corporation law, mergers and Marc A. Fajer, A.B. and J.D., Stanford casebooks on estate planning subjects, acquisitions, and environmental law. U. Professor Fajer is a scholar in such Professor Gaubatz is also an expert on diverse fields as antitrust, legal history, Stephen K. Halpert, A.B. and J.D., the use of moot court simulations to housing discrimination, and gay rights. Harvard U., was a Harvard Scholar at supplement more traditional instruction. He teaches property law, antitrust law, Emmanuel College of Cambridge U. An He teaches trusts and estates, elements, American legal history, constitutional expert in securities regulation and related federal estate and gift taxation, estate law, elements, housing discrimination, subjects, Professor Halpert is in great de- planning, employee benefits law, and and identity politics and law. mand as an arbitrator in securities cases. patent law. 16 He teaches business associations, secu- Lili Levi, A.B., Bryn Mawr C.; J.D., Martha R. Mahoney, B.A., Regents C.; rities regulation, bankruptcy, creditors’ Harvard U. After obtaining practical M.A., Tulane U.; J.D., Stanford U. rights and remedies, and insurance. He experience as an attorney with CBS, Professor Mahoney’s extensive scholar- is currently developing a new transac- Professor Levi has become an expert on ship deals with questions of civil rights, tional skills program. such cutting edge intellectual property housing discrimination, and women’s Frances R. Hill, B.A., U. of Denver; issues as copyright, broadcast regulation, rights. She teaches property and land M.A., U. of Birmingham; Ph.D., Harvard and defamation. She teaches broadcast use, race and urban development, and U.; J.D., Yale U. The nation’s leading and cable regulation, copyright law, defa- public interest law. expert on the tax status of not-for-profit mation and privacy law, and business Elliott Manning, A.B., Columbia U; entities, particularly those engaged in associations. J.D., Harvard U. Professor Manning, a politically-related activities, Professor Dennis O. Lynch, B.A., U. of Oregon; noted expert on both corporate gover- Hill has testified frequently before Con- J.D., Harvard U.; J.S.D. and LL.M., Yale nance and federal income tax, teaches gress on abuse of tax-exempt status. She U; dean. A nationally recognized author- taxation, business planning, business teaches taxation, bankruptcy, and com- ity on Latin American law, employment associations, and corporate finance. mercial law and directs the Graduate law, and labor arbitration, he was a M. Minnette Massey, B.B.A., M.A., and Program in Taxation. Fulbright Scholar in economics in Ven- LL.B., U. of Miami; LL.M., New York Elizabeth M. Iglesias, B.A., U. of ezuela. On the faculty of the University U. (where she was a Kenison Fellow). Michigan; J.D., Yale U. A leading figure of Miami School of Law from 1974-90, Only the fifth woman to be a regular in the emerging “LatCrit” movement, he joined the University of Denver Col- member of the law faculty in an Ameri- Prof. Iglesias is co-director of the Cen- lege of Law as dean in 1990 and returned can law school, Professor Massey, a civil ter for Hispanic and Caribbean Legal to assume the Miami deanship in 1999. Studies. She teaches employment rela- tions, criminal procedure, international trade and investments, antitrust law, and legal structure of economic democracy. D. Marvin Jones, B.S., Union C.; J.D., New York U. A former antidiscrimina- tion litigator for the U.S. Equal Employment Opportunity Commission, Professor Jones specializes in antidis- crimination law and civil rights matters. He teaches constitutional law, criminal and civil procedure, and employment discrimination. Sharon E. Keller, assistant dean of aca- demic affairs and research assistant professor; B.A., Antioch C.; M.A., U. of Wisconsin at Madison; J.D., U. of Pennsylvania. Professor Keller was with the prestigious Washington law firm of Covington & Burling. She specializes in law and education and also teaches con- tract law, administrative law, and agency. Stanley I. Langbein, A.B., Yale U.; J.D., Harvard U. Author of a major trea- tise on international taxation, Professor Langbein is the leading expert on trans- fer pricing questions in international tax law. He teaches administrative law, fed- eral income taxation, international tax, and banking law. Prof. Michael Froomkin is a leading expert on Internet law. 17 procedure expert, is author of the lead- Laurence M. Rose, B.A., SUNY-Stony programs in inter-American law and in ing treatise on civil procedure in Florida. Brook; J.D., New York U. Professor Rose comparative law. He holds the Inter- The School’s second endowed chair is is the award-winning director of UM American Jurisprudence Prize from the named in her honor. She teaches civil Law’s Litigation Skills program. The re- Inter-American Bar Association for his procedure and federal jurisdiction. cipient of the Richard S. Jacobson Award “distinguished contribution to the devel- for Excellency in Trial Advocacy, he is opment and clarification of law” in the Bernard H. Oxman, A.B., J.D., Colum- director of educational programs for the Americas, and the Congress of Colom- bia U. The Law School’s senior expert National Institute of Trial Advocacy, the bia bestowed its Order of Congress on public international law, Professor premier provider of hands-on skills train- Award on him in recognition of “his Oxman is the director of the Interna- ing for lawyers nationwide. He teaches accomplishments and professional tional Law of the Sea Institute and chairs beginning and advanced courses in liti- conduct.” He teaches courses in consti- the LL.M. program in Ocean and Coastal gation skills and supervises clinical tutional law, comparative law, Latin Law. He frequently advises the U.S. State placement. American law, and international busi- Department and foreign governments on ness transactions. maritime boundary questions. Holder of Robert E. Rosen, A.B., J.D., Harvard the University of Miami’s 1999-2000 U.; M.A., Ph.D., U. of California at Edgardo Rotman, foreign and interna- Provost’s Award for Scholarly Activity, Berkeley. Professor Rosen takes advan- tional law librarian; LL.B. (in law), he teaches international law, law of the tage of his education as a sociologist and LL.M. (in criminology), and Ph.D., U. seas, civil procedure, conflict of laws, and an attorney to carry out detailed research of Buenos Aires; J.D., Suffolk U. Pro- torts. on the legal profession. He teaches fessor Rotman is a world-renowned figure courses in professional responsibility, in international penology and crime Thomas A. Robinson, B.S., U. of Idaho; ethics, children and the law, sociology policy, and one of five individuals se- J.D., U. of California at Los Angeles; of law, and contracts, and a seminar on lected to help prepare a U.N. conference B.Litt., Oxford U. Professor Robinson foster care. on the subject. Along with the director is the former director of the LL.M. pro- Keith S. Rosenn, B.A., Amherst C.; of the Federal Bureau of Prisons, he rep- grams in tax, estate planning, and real resents the United States on the Council property development and is a national LL.B., Yale U. Professor Rosenn, the School’s senior expert in comparative law of the International Penal and Peniten- leader in using computers to teach law. tiary Foundation. Professor Rotman He teaches courses in income taxation, and one of America’s leading experts on Latin American law, is chair of the LL.M. teaches research methods in interna- estate planning, and the legal profession. tional, foreign and comparative law, international moot court, prisoner liti- gation and post-conviction remedies, and comparative criminal law. Stephen J. Schnably, A.B., J.D., Harvard U. Professor Schnably is co- author of a textbook on international human rights and co-director of the UM Center for the Study of Human Rights. He is legal director and vice chair of Rights International, a human rights organization that presents cases before international tribunals. Professor Schnably also has been active in litiga- tion on behalf of the homeless. The Law School’s associate dean, he teaches property, constitutional law, and inter- national human rights law. Jonathan Simon, A.B., J.D., Ph.D., U. of California at Berkeley. Professor Simon is a highly regarded expert on criminal law and on the ways govern- ment increasingly relies on criminal law as a solution to social problems. He Prof. Michael Fischl chats with students on The Bricks. teaches courses in criminal law and pro- 18 cedure, constitutional law, and insurance “LatCrit” movement and in gay rights Sound); Master of Law Librarianship, U. law and policy. scholarship. He is co-director of the of Washington. Professor Wise is direc- Irwin P. Stotzky, A.B., Wayne State U.; Center for Hispanic and Caribbean tor of the Law Library and professor of J.D., U. of Chicago. Author of Silencing Legal Studies and teaches civil procedure, law. She has been president of a chapter the Guns in Haiti, he has been an advisor comparative law, critical race theory, law of the American Association of Law to elected Haitian Presidents Aristide and sexuality, law and film, and U.S. con- Libraries (AALL), chair of the Mid- and Preval, and Argentine President stitutional law. America Consortium of Law Libraries, Alfonsin. Professor Stotzky is one of the Robert H. Waters, Ph.B., Northwest- chair of the Constitution and Bylaws world’s leading experts on the transition ern U.; J.D., U. of Missouri. A respected Committee of AALL, and an executive from dictatorship to democracy. Direc- former practitioner in sports law, Pro- board member of the Law Libraries Sec- tor of the Center for the Study of Human fessor Waters heads UM Law’s James tion of the Association of American Law Rights, he has been heavily involved in Weldon Johnson Summer Institute. The Schools, among other activities. She precedent-setting litigation on the rights Law School’s Black Law Students teaches advanced legal research. of immigrants and refugees. Association’s chapter is named in his He teaches constitutional law and honor. He teaches economic regulation Clinical Instructors theory, criminal procedure, and elements. of sports as well as courses in civil and Michelle Greenstein, instructor of law; Alan C. Swan, B.A., Albion C.; J.D., political rights and Florida constitutional B.A., U. of Florida; J.D., U. of Miami, U. of Chicago. The School’s senior ex- law. in addition to clinical responsibilities, pert on private international law and Richard L. Williamson, Jr., A.B., U. of teaches professional responsibility in the international trade, Professor Swan is Southern California; M.A., American criminal law context. author of the most widely used text on University; J.D., Harvard U. A former Bernard Perlmutter, instructor of law international business transactions. He foreign service officer in the State De- and director of the Children & Youth is co-chair of the LL.M. program in in- partment and official of the Arms Law Clinic; B.A., Bennington C.; J.D., ternational law and teaches courses in Control and Disarmament Agency, Pro- U. of Miami. international business transactions, in- fessor Williamson specializes in nuclear Carolyn Salisbury, instructor of law and ternational economic law, comparative proliferation, international environmen- associate director of the Children & antitrust, commercial law, constitutional tal protection, and toxic substance Youth Law Clinic, B.A. and J.D., U. of law, and contracts. regulation. He teaches environmental law, administrative law, alternative dis- Miami. Samuel C. Thompson, Jr., B.S., West pute resolution, international law, and Lee D. Schinasi, instructor of law; Chester U.; M.A., J.D., U. of Pennsyl- seminars on international law topics. For B.B.A., J.D., U. of Toledo. In addition vania; LL.M., New York U. From the past academic year, he has been on to clinical responsibilities, teaches evi- 1994-98, he served as dean of the U. of leave of absence from UM Law to teach dence and national security law. Miami School of Law. Since then, he has and perform research at the University The above list includes only UM Law’s been Yale Law School’s first Jacquin D. of Leipzig as a Senior Fullbright Scholar; core faculty; it does not include most Bierman Visiting Professor of Taxation he will return to UM Law for the Fall visiting professors, visiting assistant pro- and an appointee of the U.S. Treasury 2001 semester. fessors, and legal writing instructors. Department to assist the South African Bruce J. Winick, A.B., Brooklyn C. of Outstanding visiting professors from government with tax policy and admin- City U. of New York; J.D., New York U. throughout the nation and world and istration. He was visiting professor of law Author of numerous books and articles more than 100 distinguished judges, gov- at the University of Virginia for the on mental health law and co-editor of ernment officials and attorneys teaching 2000-2001 academic year. Psychology, Public Policy and Law, Profes- as adjunct faculty vastly enrich the cur- William Twining, visiting professor of sor Winick is a founder of the therapeutic riculum with their specialized expertise. jurisprudence movement. In 1998, he law, is research professor of law at Uni- Together with the core faculty, they are received the Thurgood Marshall Award versity College London, chairman of the a major reason the University of Miami of the Association of the Bar of the City Bentham Committee, and a leading fig- School of Law is an excellent place for of New York in recognition of his work ure in British legal education. He teaches students to prepare for successful, pro- on the death penalty. He teaches civil analysis of evidence, and globalization ductive careers in law. and law. and criminal procedure, constitutional law, and mental health law. Francisco Valdes, J.D., U. of Florida; J.S.M. and J.S.D., Stanford U. Profes- Sally H. Wise, B.A., Lake Forest C.; sor Valdez is a driving figure in the J.D., Seattle U. (formerly U. of Puget 19 UM Law Alumni Elected to ALI Council
The Council of the American Law In- Professional Conduct. She also chaired tional Bar Association and Uniform stitute has elected UM Law alumni the ABA’s Young Lawyers Division and Commercial Code and Business Bank- Carolyn B. Lamm, JD ’73, and José I. a committee in its Section of Interna- ruptcy committees of the American Bar Astigarraga, JD ’78, to its ranks, to serve tional Law and Practice. Association. Since 1989 he has been a on an interim basis until the 2001 An- A Harvey T. Reid Scholar at UM Law, trustee of the Florida International Uni- nual Meeting in May, when their names Astigarraga served as chief bailiff for the versity Foundation and has served on its will be submitted to the membership Miami-Dade County Juvenile and Fam- executive committee and as chair of its with the recommendation that they be ily Court and subsequently as law nominating committee. elected for a regular term. clerk-bailiff for the 11th Judicial Circuit Elected to the American Law Institute A partner since 1984 in the Washing- Court of Florida while a student at UM in 1995, Mr. Astigarraga was an Adviser ton, D.C., law firm of White & Case, Law. After graduation, he joined the to the ALI’s recently completed Lamm joined the firm in 1980. Before Miami firm of Steel Hector & Davis, Transnational Insolvency Project. that, she was employed by the U.S. De- where he became a partner in 1984 and The American Law Institute, founded partment of Justice under the Attorney eventually headed the firm’s interna- in 1923 and based in Philadelphia, drafts General’s Program for Honor Law tional litigation and creditors’ rights and publishes restatements of the law, Graduates and served as a trial attorney groups. He left Steel Hector last year to model codes, and other proposals for le- in the Fraud Section of the Civil Divi- become a founding partner of Astigarraga gal reform “to promote the clarification sion before becoming assistant director Davis Mullins & Grossman, PA, in and simplification of the law and its bet- of its Commercial Litigation Branch. Miami. ter adaptation to social needs, to secure At White & Case, she concentrates Astigarraga served from 1994 to 1997 the better administration of justice, and in international commercial, arbitration, as a United States representative on the to encourage and carry on scholarly and and trade matters, and has substantial NAFTA Commission’s Advisory Com- scientific legal work.” The Council, the experience in federal court litigation, mittee on the Resolution of Private governing body of the Institute, is a administrative law, and government con- International Commercial Disputes, and group of some 60 prominent judges, prac- tracts. She has served as counsel in many he was named by the U.S. State Depart- ticing lawyers, and legal scholars from significant international arbitrations. ment a designated expert to represent every region of the country. Appointed by President Clinton to the the United States at the negotiations U.S. Panel of Arbitrators for Interna- leading to the Sixth Conference of the tional Centre for Settlement of Organization of American States on Pri- Investment Disputes (ICSID) arbitra- vate International Law (CIDIP-VI). Reception to Honor tion, Lamm is on the American As consultant to the World Bank, he Arbitration Association’s international co-authored its recent publication, An Lamm, Astigarraga list of arbitrators. She is a member of Assessment of Latin American Insolvency the U.S. Secretary of State’s Committee Systems. He is a member of the Ameri- on Private International Law. UM Law will host a reception hon- can Arbitration Association’s Panels for oring Carolyn Lamm and José A former president of the District of International and Commercial Financial Astigarraga from 5:30-7:30 p.m., May Columbia Bar Association, she is pres- Disputes and of the Panel of Arbitrators 15, at the Offices of Morgan Lewis, ently a member of the American Bar of the Commercial Arbitration and 1800 M Street NW, Washington, Association’s House of Delegates and has Mediation Center of the Americas D.C. Held in conjunction with ALI’s served as chair and D.C. Circuit repre- (CAMCA), as well as a co-founder of annual meeting, the event will be the London Court of International sentative to its Standing Committee on open to all UM Law alumni and Arbitration’s Latin American Users’ the Federal Judiciary, chair of its Inter- friends. To make reservations, please Council. national Litigation Committee, secretary contact the Alumni Office by e-mail and member of the council of its Sec- He presently serves on the board of at alumni@law. miami.edu; telephone tion of Litigation, and member of the directors of the National Law Center for 305-284-4945; or fax 305-284-3968. ABA’s Commission on Multidisciplinary Inter-American Free Trade and on the Practice and its Special Committee on International Arbitration, Litigation and Implementation of the Model Rules of Insolvency committees of the Interna- 20 LL.M. Student Takes Break to Keep the Peace
Sometimes it makes sense to take a se- mester off. For Steve Janko, an LL.M. student in international law, it was the opportunity to help bring a lasting peace to one of the world’s most troubled areas—Kosovo. A member of the U.S. Army Reserve, he spent July through December last year at Camp Bondsteel in the southeastern area of the country as part of the United Nations effort to help refugees return to their homes safely and to establish an effective government free of human rights abuses. “The previous fall, I took an interna- tional law class with Prof. Hugo Caminos, and he talked a lot about the problems of displaced persons. That’s where my heart lies, and I decided I should do something to help. Kosovo represented an opportunity to do some- thing unselfish, for at least once in my life,” he said. “So, I called up U.S. Army headquar- ters in Europe and asked to be assigned to Kosovo as a peacekeeper.
“Because of my years as a reservist, 99 Steven Janko (right) standing guard with another U.S. peacekeeper in front of a percent of the training I needed was al- Serbian church in eastern Kosovo. ready complete. I just needed some very brief training in Germany in such tasks NGOs (nongovernmental organizations) sian soldiers,” said Janko, whose parents as searching vehicles for weapons, are also hard at work protecting human escaped from Hungary during the 1956 searching for land mines, and reacting rights. revolution. to sniper attacks,” Janko said. “Virtually the whole world showed up “Our work on the election project in- “All of my military training could be to help out,” Janko said. volved a lot of crisis management and put to use in something I believe in Sharing the responsibilities in the U.S. making plans for such things as trans- strongly—peacekeeping. Peacekeeping is sector are troops from Russia, Greece, porting ballots, response to possible challenging, but I think it is a good use Poland, and the Ukraine. terrorist attacks, and ensuring that the of our armed forces.” 80 polling places in the American sec- “I worked closely with people from Approximately 40,000 troops from 40 tor were safe for voters,” he noted. “It those countries as part of an effort to was also part of our job to ensure that different countries participate in the UN ensure that the October 28, 2000, mu- peacekeeping mission in Kosovo. the majority Albanians did not intimi- nicipal elections—Kosovo’s first free date the minority Serbs.” Around 5,600 of them are from the elections in many decades—were con- United States. In addition, staff mem- ducted smoothly and safely. I never Along with his work on the election bers from approximately 100 different thought I’d ever be working with Rus- process, he was involved in such activi- 21 (Continued from page 8) South Florida Alumni on ‘Best Lawyers’ List