• TABLE OF CONTENTS
HIDE
 Front Cover
 Some very big faculty shoes to...
 Table of Contents
 News briefs
 Heritage of leadership
 Conferences
 Take heed
 Partners
 New complex on drawing board
 Being better
 Scrapbook
 Gators rise to the top
 Mine and yours
 Law a la carte
 Faculty news
 Bloggers: the new 'lonely...
 Class notes
 Back Matter
 Getting in on a positive retur...
 Back Matter






Group Title: UF Law: University of Florida Fredric G. Levin College of Law
Title: UFlaw
ALL VOLUMES CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00072634/00008
 Material Information
Title: UFlaw
Alternate Title: UF law
Physical Description: v. : ill. ; 28 cm.
Language: English
Creator: Levin College of Law
Publisher: Levin College of Law Communications Office
Place of Publication: Gainesville FL
Publication Date: c2002-
Frequency: irregular
completely irregular
 Subjects
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Statement of Responsibility: University of Florida, Levin College of Law.
Dates or Sequential Designation: Vol. 39, no. 1 (fall 2002)-
General Note: Title from cover.
General Note: Last issue consulted: v. 40, no. 1 (fall 2003).
 Record Information
Bibliographic ID: UF00072634
Volume ID: VID00008
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved, Board of Trustees of the University of Florida
Resource Identifier: aleph - 002972228
oclc - 53380492
notis - APL3981
lccn - 2003229880
 Related Items
Preceded by: University of Florida lawyer

Table of Contents
    Front Cover
        Front cover
    Some very big faculty shoes to fill
        i
    Table of Contents
        Page 3
    News briefs
        Page 4
        Page 5
    Heritage of leadership
        Page 6
        Page 7
    Conferences
        Page 8
        Page 9
    Take heed
        Page 10
        Page 11
    Partners
        Page 12
        Page 13
    New complex on drawing board
        Page 14
        Page 15
        Page 16
    Being better
        Page 17
        Page 18
    Scrapbook
        Page 19
    Gators rise to the top
        Page 20
        Page 21
        PGA Tour
            Page 22
        Duke University
            Page 23
        New York Mets
            Page 24
        Amgen
            Page 25
        SunTrust Bank
            Page 26
        Gerdau Ameristeel
            Page 27
        The Weather Channel
            Page 28
        Adecco Group North America
            Page 29
        Motorla Networks
            Page 30
        Nestle USA
            Page 31
        Foundation Coal Holdings
            Page 32
        Top executives across the globe
            Page 33
            Page 34
            Page 35
    Mine and yours
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
    Law a la carte
        Page 41
        Page 42
        Page 43
    Faculty news
        Page 44
        Page 45
        Page 46
        Books by faculty
            Page 47
    Bloggers: the new 'lonely pamphleteers'
        Page 48
        Page 49
    Class notes
        Page 50
        New Universit president
            Page 51
        Mayan treasure: Gator alumnus uncovering the past
            Page 52
        Career in flight: lawyer heads international aviation group
            Page 53
        Next mission: developing San Diego's Downtown
            Page 54
        Tsunami changes
            Page 55
        Blue Key leader
            Page 56
        Human rights pioneer
            Page 57
        One and all
            Page 58
        Legal thriller
            Page 59
        Love letters
            Page 60
            Page 61
    Back Matter
        Page 62
    Getting in on a positive return
        Page 63
    Back Matter
        Back matter
Full Text





II I VEF:TR'. I IF FLOOR DA FRE


II


F7ZIZ


i


!- .! ,..


I
I


`%ji













FROM THE DEAN











Some very big faculty shoes to fill


e already have an excellent
law school. But what will it
take to make us a truly
great law school?
The formula is actually
quite simple. First, we must continue to enroll
outstanding students. After all, our students are
the future leaders of our profession, and they are
the citizen-lawyers who will make lasting con-
tributions to our communities, state and nation.
Second, we must recruit


instruct and inspire our stu-
dents, and whose research and law reform
efforts advance the welfare of our society and
our system of justice.
Third, we must acquire the resources we
need both public and private to do our
job at the highest level. We cannot successfully
compete at the very highest level if our per-
student spending remains at a very low level.
Fortunately, as I reported to you in the fall, we
are making progress in this area, thanks in
large part to the generous support of our alum-
ni and friends.
One of the reasons we must make dramatic
improvements in our resource picture soon
involves a historic challenge facing our
college. During the next five years, at least 12
of our tenured faculty will retire. Among these
faculty members are many individuals who
inspired, motivated and prepared you for your
careers such as Fletcher Baldwin, Mike


Gordon, Jerry Israel, Joe Little, Doug Miller,
Jim Nicholas, Mike Oberst, Don Peters, David
Richardson, Mary Twitchell and Walter
Weyrauch.
The good news is we are optimistic many of
these esteemed individuals will remain active in
the intellectual life of our law school communi-
ty. But the fact remains these retirements repre-
sent a full 20 percent of the tenured faculty -
and some very big shoes to fill. Yet at the same


time, this transition presents us with an opportu-
nity that comes along only rarely in the life of
an institution to build the faculty that will
lead our college for the next few decades.
One of the great stories in the history of our
college is how a partnership of alumni, univer-
sity leaders and the state faced the challenge of
accreditation-threatening deficiencies in our
facilities and created what is now regarded as
among the very best academic space in the
nation. We have already demonstrated with our
recent hiring of both experienced and entry-
level faculty that we are able to recruit the top
teachers and scholars in the nation to the
University of Florida. I am confident we will
meet the challenge presented by the forthcom-
ing retirements of many distinguished faculty,
and we will use this as an opportunity to build
a law faculty that is second to none. Thank you
for your help and support in this effort.


L..al nuu-IL ,J lly


and retain an outstanding facul- During the next five years, at least
ty a community of highly
skilled teachers who both 12 of our tenured faculty will retire.












I ,


I


- p.v


*,
s


11


VA it


i/5i~L~Lu


1LAW



I .^^^^
VOL 42,S. E 2
SU^J^MMER 2006^^^^^^^

News fBriefsjT~j^^^^^


Hertinijtage of- Leadership ^^



Conferences^^i^^^^^^^
Data Devolut Ii~oTnT^^^^^^
















NEWS BRIEFS


In a First,
School Hosts
U.S. Veterans
Appeals Court
For the first time, the
panel from the U.S.
Court of Appeals
for Veterans Claims
heard an oral argu-
ment in an actual
case at a law school
outside of the
Washington, D.C.,
metropolitan area.
The court heard the
arguments in UF's
Bailey Courtroom
March 21.

One of the nation's
highest courts of
administrative law,
the court hopes to
educate law students
about veterans bene-
fit law. The panel
members included
Judge Bruce E.
Kasold (JD 79).


New Program and Director
Reinforcing Ties with Latin America

T he Levin College of Law has long had a
notable presence in Latin America.
For decades, law faculty have traveled to
the political capitals and scholarly centers
of Central and South America, forging ties
with law schools and making contacts with
Ip litical players throughout the region.
Now the law school has launched a program
devoted to strengthening those ties and using UF's
legal expertise to foster the rule of law in Latin
America.
The Law and Policy in the Americas Program
coordinates the activities of the college's Center for
Governmental Responsibility and three main campus
centers: the Center for Latin American Studies, the
International Center, and the Center for International
Business Education and Research.
Program Director Meredith Fensom teaches inter-
disciplinary, graduate-level seminars on issues related


MARTINEZ: ENGAGE LATIN AMERICA On a recent visit to
the law school campus, U.S. Sen. Mel Martinez (R Fla.)
told UF law students the United States should take a more
proactive role in matters affecting Latin American neigh-
bors, including pursuing free-market solutions to poverty.


to the program's mission
and coordinates student and
faculty exchanges. She also
directs the program's
research agenda and man-
ages technical support and
analysis of regional judicial
reform efforts. The pro-
gram's work is showcased
in the annual Conference on Fensom
Legal & Policy Issues in the Americas, to be held this
year in Peru.
Fensom, who has lived in Brazil and Argentina,
recently returned from a year-long Fulbright
Fellowship in Chile, where she assisted in that coun-
try's judicial reform process, including projects
related to civil and commercial legal and procedural
reform, alternative dispute resolution mechanisms
development, and an independent project analyzing
military court jurisdiction over all cases related to
the country's police.


Tax & Environmental Law High in
U.S. News t World Report Rankings
The Levin College of Law's Graduate Tax
Program has once again ranked second in the
nation with only New York University ranking
higher, and the Environmental and Land Use
Law Program ranked 12th fifth among public
law schools in U.S. News and World Report's
annual rankings of the nation's best graduate
schools. UF's law school ranked No. 41 overall,
and 18th among publics.
Dean Robert Jerry said he was pleased by the
numbers, though he feels the public places too
much emphasis on rankings as a measure of
institutional quality. "We view rankings as just
one of many ways we can measure our progress
toward joining the nation's top 10 law schools,"
Jerry said. "But we are always pleased to see our
programs receive the recognition they deserve.
Our Graduate Tax Program faculty have long
ranked at the very top in their specialty, and I am
very pleased to see our Environmental and Land
Use Law Program faculty rated so highly."


UF LAW



































New Leaders in Law Clinics
A 30-year veteran prosecutor and an experi-
enced defense attorney both UF law
alumni are taking charge of two of the Levin
College of Law's clinical programs.
Former Columbia County Assistant State
Attorney George R. "Bob" Dekle (JD 73) is the
new director of UF's Criminal Law Clinic-
Prosecution. Meshon Rawls (JD 98), who worked
in the Eighth Judicial Circuit Office of the Public
Defender, took the reins at Gator TeamChild upon
the retirement of Director Claudia Wright.
Among other accomplishments, Dekle prose-
cuted Ted Bundy on charges of kidnapping and


STUDENT AWARDS

Advocacy Teams Take
National Honors
UF's Trial Team and Moot
Court Team captured first
place at national competitions
recently.
Two members of UF's
Justice Campbell Thornal
Moot Court Team won top
honors at the George
Washington University
National Security Law
Competition before a panel
of judges that included the
general counsel for the
Central Intelligence Agency,
a federal judge from Michigan
and a judge from the U.S.
Criminal Court of Appeals.
UF's Trial Team continued
its long winning streak,
taking first place in the St.
John's National Civil Rights


murder, for which he was executed. In 1986, the
Florida Prosecuting Attorneys Association
gave Dekle its Gene Berry Memorial Outstanding
Prosecutor Award. In July 2005, the FPAA
gave him its Lifetime Achievement Award,
citing his many years of work in prosecutorial
education.
A Miami native, Rawls is a product of UF's
clinics. While a law student, she became a
Certified Legal Intern and worked in the Public
Defender's Office, which hired her when she
graduated. She quickly moved from the misde-
meanor to the felony division, but found her true
calling in the juvenile division.


Competition. The Trial Team
beat 15 other teams to win the
competition, which draws
teams from around the coun-
try to argue civil rights cases
in front of sitting judges. The
victory represents another in
a series of national wins that
have brought UF's trial
advocacy program into the
spotlight in recent years.

UF Tax Law Students
in National Finals
Two UF students made it to
the Final Four round of the
LL.M. Division of the American
Bar Association Section of
Taxation Young Lawyers Forum
Law Student Tax Challenge
Competition this year.
LL.M. in Taxation students
were part of the top six J.D.


submissions and top four
LL.M. submissions invited -
out of 44 nationally to com-
pete in the oral rounds before
panels that included some of
the nation's most prominent
tax practitioners.

Student Group Takes
Top International Award
The UF branch of the
International Law Society has
won the best chapter award
out of 175 chapters in the U.S.
and abroad. It also won the
Best Speaker Award for
hosting former Peruvian
Ombudsman Jorge
Santistevan, and the Best
International Event
Award for its breakfast
speakers series.


UF Law to Build
National Database

The 2000 presidential
election made Florida
synonymous with "dis-
puted election" in the
public mind. Now the
Levin College of Law is
helping to build an
online database of state
and federal election
laws to allow state elec-
tion administrators, the
media and the public
to research election law
free of charge.

Clifford A. Jones, an
associate in law
research at the Center
for Governmental
Responsibility, is one
of the recipients of
a $285,000 contract
from the U.S. Election
Assistance Commission.
He and Lynda Lee Kaid
of UF's College of
Journalism and
Communications are
developing and will
maintain the Election
Law Resources
Clearinghouse.

Jones teaches election
law and served as an
expert commentator
for NBC News during
the 2004 election.


SUMMER 2006
































Heritage of

BY ASHLEY S. PINDER


lara Gehan, one of the the first

UF College of Law and the
first to go on to practice law
and pave the way for other
women, also will be the first
of her gender inducted into
the school's Heritage of Leadership Recognition Society,
which honors the school's most distinguished alumni.
She is joined in the 2006 group by three other trailblaz-
ing alumni: Chester H. Ferguson, a pioneer of Florida's
higher education system; William O.E. Henry, an outstand-
ing practitioner who helped build one of the nation's largest
firms; and precedent-setting jurist John T. Wigginton.
"These inductees were of the highest moral charac-
ter and ethics," said Scott G. Hawkins, chair of the
selection committee and attorney at Jones, Foster,
Johnston & Stubbs. "They stand out because of their
willingness to serve others."


Uenan


The families of the now deceased inductees were
recognized at an April 21 banquet in Gainesville. The
Class of 2006 inductees are:
Clara Backus Floyd Gehan (JD 33), who
contributed substantially to the law profession during
a time of male domination and paved the way for
females in the field. She founded the first law practice
by a woman in Gainesville in 1963 with a focus on real
property and probate law. As a member of the
Gainesville Advisory Bi-Racial Committee, Gehan
helped desegregate local Gainesville businesses and
helped establish the Storefront Legal Aid Service, the
predecessor to Three Rivers Legal Services, a
Gainesville legal clinic providing service to low
income residents. Gehan was president of the Eighth
Judicial Circuit Bar Association and was awarded both
the Florida Bar Pro Bono Award in 1982 and the
Pro Bono Publico Award in 1986 by the Supreme
Court of Florida.


Henry


-erguson


UF LAW



































Leadership


Chester H. Ferguson (JD 30), who was at the fore-
front of organizing higher education in Florida at a time
when it was seen as backwater state. He is credited with
paving the way for Tampa's growth, including down-
town revitalization and positioning of Tampa as a major
shipping and financial center. Ferguson was an initial
member of the State University System Board of
Regents, where he served for 14 years, including three
as chairman. He also was the chairman of the board and
chief executive officer of Lykes Bros. with interests
in shipping, cattle, packing and processing, banking,
real estate and energy, and the chairman and chief exec-
utive officer of First Florida Banks. He was a fellow of
the American College of Trial Lawyers and the
American College of Probate Counsel.
William O.E. Henry (JD 52), an outstanding
practitioner who helped build one of the nation's largest
firms, Holland & Knight. He was president of The Florida
Bar in 1983, served for six years as a member of the
Board of Governors and chaired several Bar committees.
In other service to the Bar, he was president of the
Foundation, trustee of the Endowment Trust and chair of
the Tax Section. Henry was the first Floridian in 50 years
to serve on the council of the Section of Business Law for
the American Bar Association and was president of the
UF National Alumni Association. His awards included the
Medal of Honor from The Florida Bar Foundation, the
Outstanding Past-President award from the Voluntary Bar
Association, and the Outstanding Tax Attorney in the
State of Florida from the Tax Section of The Florida Bar.


"Recognition by this society

is the law school's highest

mark of distinction for

pre-eminent graduates."

John T. Wigginton (JD 32), a superb judge who
set an example for future jurists by his impeccable
character. He was the first president of the integrated
Florida Bar in 1951. Wigginton played an active role
in the gubernatorial elections of Millard Caldwell,
Spessard Holland and Leroy Collins, and was the
executive assistant to Caldwell as governor. He was a
partner in the Tallahassee law firm Caldwell, Foster &
Wigginton. In 1957, he became judge of the inaugural
bench of the First District Court of Appeals, going on
to serve, including one term as chief judge, until his
retirement in 1974. He also served as the first execu-
tive director of the Florida Judicial Qualifications
Commission. Wigginton was well-known for his
leadership of the Fabisinski committee that drafted
the first set of Florida's civil procedure laws from
common law practices.
"Recognition by this society is the law school's
highest mark of distinction for pre-eminent graduates,"
said Dean Robert Jerry. "It is a privilege to honor these
outstanding alumni who have distinguished themselves
nationally in truly remarkable ways."


Nominations
Now Being
Accepted
Nominations are now
being accepted for
2007 inductees.
Nominees must meet
several criteria,
including being a
graduate of the UF
College of Law or
having direct
involvement with
the college in a
very significant
way. The Heritage
of Leadership
Committee is current-
ly only accepting
nominations for
posthumous awards.

Nominations should
be sent by July 1 to
Scott Hawkins, who
can be contacted
at (561) 626-4356
or shawkins@
jones-foster.com;
or to Kelley Frohlich
at (352) 273-0640 or
frohlich@law.ufl.edu.


SUMMER 2006


Above:
Wigginton,
Gehan, Henry
and Ferguson













CONFERENCES


MUSIC LAW
CONFERENCE

"A year

from now

it might

be Google

or Yahoo

making

the next

Mariah

Carey

instead of

Sony or

BMI."
- panelist
Steve Gordon,
New York City
entertainment
attorney &
consultant


"Never ask a question you don't know the answer to -

well, I do that all the time." -speaker George Parnham (above), attorney for Andrea Yates

MENTAL HEALTH AS A DEFENSE


he mother who drowned her five children in
the bathtub in June 2001 to save their souls
from satanic influence is to stand retrial in
June. The man pursuing an insanity defense on
Yates' behalf believes her children's lives will
not have been in vain if beneficial changes are
made to the mental health care and criminal
justice systems, particularly as they pertain to
women's issues such as postpartum depression.
Attorney George Parnham said the killings
point out serious problems in America's mental
health system.


The event sponsored by the Law Association for
Women also featured Stephen C. O'Connell
Professor Christopher Slobogin, who cited the trial of
would-be presidential assassin John Hinckley as the
root of American public hostility toward the insanity
defense. "The fear is that the floodgates will open,"
Slobogin said.
In actuality, the defense is asserted in fewer than
one out of 100 felony cases, and fails three times out
of four. Additionally, in 70 to 90 percent of insanity
acquittals, the prosecution also has admitted the
defendant is insane, the Slobogin said.


TAX OVERHAUL LONG OVERDUE


Establishing a national retail sales
tax, abolishing income tax and
detangling what may be an irreparable
U.S. tax code served as discussion
points for the Florida Law Review's
annual Dunwody Distinguished Lecture
Series, which brings a prominent
American legal scholar to the Levin
College of Law. This year one of the
nation's leading tax authorities, George
K. Yin, expressed the need for a more
fair, efficient and simple tax system.
Current tax reformation efforts
have been crippled by the diminishing


quality of the legislative process. Even
Congress members, who are charged
with its reformation, do not take time
to understand the tax code because
they are more concerned with raising
campaign funds, Yin said. Meaningful
tax reform has historically passed
when the executive and legislative
branches were controlled by opposing
parties, along with a combination
of significant public support and
tax proponents addressing major
lobbying groups' concerns prior to the
push for reform.


"The
prospects
for tax
reform in
America
are dim."
- speaker George K. Yin,
former chief of staff
of the U.S. Congress's
Joint Committee
on Taxation & University
of Virginia law professor


UF LAW
















"A nation's constitution is a monument and a memorial ...
- panelist Lourens du Plessis, law professor at the University of Stellenbosch

SOUTH AFRICAN POLITICS DISCUSSED
L aw professors, writers, political scientists and
apartheid-era dissidents discussed the "politics of
inequality" in South Africa at an international conference,
held and sponsored in part by the Levin College of Law.
The conference looked back on the work of the late
Gwendolen Carter, a former UF professor who is
regarded as one of the founding figures in African stud-
ies in the U.S. The conference also honored the centen-
nial of her birth.
Speakers included prominent opponents of South
Africa's former apartheid regime, including novelist
and poet Jonty Driver, who was jailed for his opposition
to the white-dominated government, and poet Dennis
Brutus, who was sent to Robben Island Prison for his
efforts to have South Africa suspended from the
Olympic Games.
A second session of the Carter conference is
planned by the law faculty at the University of Cape
Town in Africa, which served as joint sponsor for the :
first time. _-_-_3__




"We are living today in a science fiction nightmare."
keynote speaker Robert F Kennedy Jr. (below), one of Time magazine's "Heroes for the Planet"



- ENVIRONMENT UNDER SIEGE


Highly respected experts from
across the nation and more
than 1,700 attendees were drawn
to a student-run Public Interest
Environmental Conference kicked
off by keynote speaker Robert
Kennedy Jr., who characterized
current environmental conditions as
the worst in American history.
Lamenting the corrosive impact of
excessive corporate power on
democracy and an indolent press,
Kennedy said the nation is in the


midst of an "environmentally
induced health epidemic."
The conference was the
nation's first to combine humani-
ties, law, policy, children and the
environment under one umbrella.
Other nationally known speakers
included Richard Louv, a colum-
nist for The San Diego Union-
Tribune and Parents magazine, and
Philippe Cousteau, grandson of
Jacques Cousteau and president of
Earth Echolnternational.


SUMMER 2006


af


---- -




















Take


Heed


Without Legal Solutions to Make Data Safer, Criminal

Elements Will Prevail Against Corporations and Consumers

BY MICHAL MEYER


while technology hurries along, both
laws and lawyers operate at a far
slower pace.
They need to catch up.
And when it comes to keeping
information safe, lawyers have a
lot to learn.
Those insights were unambiguous at the "Data Devolution:
Corporate Ii-.-. n...,...i .. 1.11. C..' ........ and the Future of
Regulation" conference, an international forum held at the UF law
school to update lawyers on information security and its technolog-
ical challenges.
The conference organized by the college's new Center for
Information Research (CIR) and Executive Director Andrea
Matwyshyn mixed expert legal, economic, ethical, technologi-
cal and political perspectives on information security.
"We need to adjust the way we operate," said Matwyshyn, a
UF assistant professor of law whose early legal work with financial
institutions and brokerage houses exposed her to l. ii I 1,i...-..;, .i
threats facing data control. "Recognizing the speed of technologi-
cal advance, and then layering on the burgeoning black market,
means we have an information
orwholesaIe economy pushing
.. c.eryone.

increasingly
faced not only
with informa-
tion theft, but
also angry cus-
tomers prepared
to sue over the
I ,ss of their data,
1i- ii er it's financially
,li. .e IJ.ldt card information
or wholesale identity thett.


The modern trend of turning information into a saleable
commodity whether individuals' political preferences or the
trade secrets of corporations and the technological ease with
which that information can slip into the criminal economy are
pushing lawyers, corporations and citizens to take better care of
data. But are they doing enough? And is it possible to balance
legal rights, security and the privacy concerns of individuals?
"There is a reason why people want to protect data," said
intellectual property expert Peter Yu. "It's valuable."
Often the value is not fully understood. "Even today, most
companies think they are obscure and that no one is interested
in their data, so -i ,.. don't need to put much effort into it," said
Kim Zetter, a well-known technology writer.
Lawyers take heed, warns UF law Assistant Professor
Elizabeth Rowe. The legal consequences of failing to properly
protect data such as trade secrets may be catastrophic. Whether
it is the Colonel's Secret Recipe or Kodak's film process, a trade
secret's value lies in its very secrecy. Often, Rowe adds,
companies do not realize that once the secret is lost, so is any
legal protection. And when employees turn into thieves,
recourse is likely only if the company shows its secrets had the
best possible protection.

DEVELOPING STANDARDS OF SECURITY
Long a domain of IT departments, new regulations and statutes
are turning data protection into a corporate survival strategy, one
where lawyers play a major role. Concrete standards of data secu-
rity are developing as a result, says Kevin Cronin. A Blank Rome
lawyer involved in corporate data security cases, Cronin said
that where statutory standards incorporate technical standards,
violations may create a statutory liability.
He also noted that questions of best practice in cases of negli-
gence and breach of standards in securing data now draw increas-
ing scrutiny in courts. In one case, a retailer, through no fault of its
own, had credit card data stolen through high-tech means. But
since the company violated policy guidelines by retaining the data,


UF LAW





























Cronin says the court held the retailer negligent.
Lawyers, said Cronin, must learn that data security has no final
answer. The constant feedback between changing technology, data,
criminal elements and lawmakers means legal solutions must keep
pace with ever-changing challenges.

INCREASED THREAT OF IDENTITY THEFT
One challenge facing Congress now is protecting individu-
als' private data. It was reported that 1.7 billion digital records
have been lost, stolen or otherwise compromised roughly
eight records for every U.S. adult.
"Security is a hot issue right now," said Chris Hoofnagle of
the Electronic Privacy Information Center said. "It gives an
incredible amount of traction." For years, Hoofnagle tried to get
Congress to pay attention to data aggregation companies such as
ChoicePoint. But not until ChoicePoint suffered a security
breach ending in several hundred identity thefts did
Congress show interest.
Identity theft has topped the Federal Trade Commission's list of
complaints for the sixth straight year. Unlike credit card fraud, such
theft has ramifications throughout life and can affect everything
from the ability to own a home to finding employment.
"A damaged credit rating is not as easy to correct as fraud,"
said Microsoft's Cem Paya. "No single entity, like a bank, is
magically capable of making the problem go away by putting
money into your account."
With personal data used for tracking everything from music
preferences to voter profiles, from airline passenger profiling to
checks on prospective employees, data collecting (excluding
financial and medical data) is big business. But, Zetter said,
"companies are collecting information needlessly, and con-
sumers are letting them." In addition, many companies don't
realize data security is an ongoing concern. And neglecting secu-
rity may leave companies open to lawsuits, Cronin said.

NEED FOR ENHANCED REGULATION
Privacy Activism's Deborah Pierce views data collecting from
the point of view of someone whose personal data is sold with-
out her consent. She wants a constitutional amendment to


protect data privacy, a right already guaranteed in the
European Union. The accuracy of information collected by
such companies also disturbs Pierce, especially since govern-
ments, corporations and law enforcement agencies buy and use
the information. Mistakes filled the pages of one aggregator's
report on her, including a potential criminal record, she said.
Of special concern is the fact that individuals have few, if any,
legal options to correct mistakes and must simply live with
the results.

"The legal consequences of failing

to properly protect data such as

trade secrets may be catastrophic."

Some presenters think the best response to such problems
is an ethics board to review data aggregators. The London
School of Economics' Gus Hosein, on the other hand, sees
regulatory and technology costs as more important than any
specific legal recourse.
"We say it's important to preserve and enhance rights and
people ignore us, but when we say it will cost and there will be
competitive issues, then people listen," Hosein said. While
successful, Hosein worries that such an approach reduces
privacy and civil liberty issues to pragmatic considerations,
rather than having them rest on legal foundations.
In a world where neither the legal nor the technological land-
scape solely controls data use and safety, new norms of use and
security are part of an evolving system, Matwyshyn said. It is a
world where lawyers have to run merely to stay in place.
Change is so fast that lawmakers must work harder to
influence the uses and control the abuses of data, Matwyshyn
said. "It's an ongoing arms race between builders of security
and criminals," she said.
And whether it is invasive copyright protection, the
collecting of individuals' life histories, or criminals stealing
secrets and identities, the pace of change means that "we're
operating in an hour glass out of which the sand is slipping,"
Matwyshyn said.


SUMMER 2006














PARTNERS


Largest Ever Class Gift
Presented to the Law School
F all Class Representative Chris Carmody chal-
lenged his classmates at the December 2005
graduation by offering advice he gathered from
prominent alumni, which included: work extra
hours, do research, be open-minded, have fun, give
back, and always tell the truth.
The Fall 2005 class did indeed give back, donat-
ing a total of $62,425 to their college the largest
class gift in the history of the law school. With 45
percent of graduates contributing, the Fall 2005
class also set an all-time participation record.
The 2005 Fall Class was a historic group, said
Dean Robert Jerry, because they endured a complete
transformation of the law school's facilities while
earning a law degree.
U.S. Rep. Michael Bilirakis (JD 63), considered
one of the most legislatively productive members of
Congress, presented the commencement address.

Three Grads Honored Campuswide
T hree law alumni who have distinguished them-
selves in one short decade since graduation have
been named Outstanding Young Alumni at the
University of Florida.
Derek Bruce (JD 98), Tim Cerio (JD 95) and
Rahul Patel (JD 97) were selected by Dean Robert
Jerry and the Law Alumni Council to represent
the Levin College of Law at the university-wide
ceremony hosted by President Bernie Machen, the
UF Alumni Association and the UF Foundation.
Each nominee's qualifications include an
extensive array of leadership, philanthropic, profes-


Graduating senior (from left) Claudel Pressa presents the
class gift to W.C. Gentry and Dean Robert Jerry, along
with senior Chris Carmody

sional, university, college and community-related
activities.
Bruce, director of government relations
for Walt Disney World, is a longtime member
of the alumni council and is active in many Orlando-
area organizations. Cerio, general counsel for the
Florida Department of Health, serves as alumni
council president and has held top leadership
positions for various Florida Bar committees. Patel,
a partner at King & Spalding, serves as alumni
council secretary and is an active sponsor of the
Book Award program.

Estate of Justice Ehrlich Creates
Two Eminent Scholar Chairs
he memory of the late Florida Supreme Court
Chief Justice Raymond Ehrlich (LLB 42), who
died last year, will live on and support faculty at two
colleges at the University of Florida thanks to
provisions made in his estate.
Eminent scholar chairs in UF's Levin College of
Law and in the College of Liberal Arts and Sciences
have been established in the name of Justice Ehrlich
and his late wife, Miriam, to honor his parents, Ben
and Esther Ehrlich.
The law chair will support a faculty position in
U.S. constitutional law, while the chair in the
College of Liberal Arts and Sciences will be in the
political science department.
"Justice Ehrlich was a giant in the legal profes-
sion," Dean Robert Jerry said. "His wisdom and


UF LAW


Patel


DluC t

















insights will be impossible to replicate, but his
commitment to professionalism will resonate
with our students for generations to come. Our
alumni and all those who practiced law with
Justice Ehrlich throughout his long career know
that this expression of care for future students is
how he wanted to be remembered."
Ehrlich, a longtime resident of Jacksonville,
Fla., earned a bachelor's and a law degree, both
from UF After serving in the Navy from 1942 to
1946, Ehrlich began practicing law in
Jacksonville. In 1981 he was named to the
Florida Supreme Court by Gov. Bob Graham,
and served as chief justice from 1988 to 1990.

Book Awards Available for
Sponsorship
criminal Law, Contracts and Constitutional
Law are just three of the 45 courses avail-
able for book award sponsorship. The awards
recognize the top student in each course and
give alumni a chance to support academic
excellence at the Levin College of Law.
Awards are sponsored for five years with
$2,000 annually, or endowed in perpetuity with
$50,000. Call Development & Alumni Affairs
at (352) 273-0640 for more information.


Recent Gifts to College Support
Students and Strengthen Programs
Each gift to the Levin College of Law is judiciously
employed to support and enhance programs for
students and faculty. Recent gifts include:
* $200,000 from Dewey (JD 65) and Lynn Burnsed
(JD 95) to endow scholarships for students.
* $50,000 from Brian O'Connell (JD 79), the nephew
of Stephen C. O'Connell, to endow a Book Award
in Estates t Trusts and provide a gift toward an
eminent scholar chair.
* $53,250 from members of the Dean Mead firm
toward establishing an eminent scholar chair.
* $100,000 from Robert Kramer (JD 74) as trustee to
establish the Richard H. Simons Charitable Trust
Faculty Professional Development Endowment
Fund. The endowment will provide support such
as conference travel and research for faculty in the
area of taxation. It will be matched with state funds.
* $100,000 from the Hon. Benjamin Overton
(LLB 52) to support the Institute for Dispute
Resolution. It will be matched with state funds.
* $50,000 from the Hon. Charles Wells (JD 64) and
Linda Wells to establish the Charles and Linda
Wells Judicial Process Teaching and Research
Fund. The fund will support activities and
programs that involve judges with the college's
teaching mission or otherwise contribute to
students' understanding of the judiciary and the
judicial process.


Get Connected
Through Online Opportunities

* Want to reunite with old friends through instant
messaging and sharing photos? Want to search
job openings or find a roommate? The University
of Florida Alumni Association has launched the
Gator Nation Network, a free, password-protected
website to help alumni and friends stay connected
through an array of professional and social services
such as event calendars and blogs. UF is the first
school in the Southeastern Conference to offer this
service. Visit: gnn.ufalumni.ufl.edu
* Legal education certification courses are coming
soon to a computer near you. Professor Steven
Willis is planning convenient online CLE courses
on topics such as "Financial Calculations for
Lawyers," to commence this summer. Visit
www.ufcle.edu or e-mail Joseph Greaser, Director
of Online Learning at greaser@law.ufl.edu.


lench


Tench Joins
Alumni Office
Rachel Tench has
joined the Office of
Development and
Alumni Affairs as
the new assistant
director.

For the past five
years she has served
as development
coordinator for the
Har Museum of Art.
She holds a bache-
lor's degree from
Duke University and
master of fine arts
from UF

Tench's father is the
late Judge Benjamin
Tench, the Circuit
Court Judge in
Gainesville for many
years, and her sister,
Lauchlin Tench
Waldoch (JD 78),
has an elder law
practice in
Tallahassee.

She works in the
area of annual giving
with Andrea Shirey,
associate director of
development and
alumni affairs, and
will coordinate
special events for
UF law alumni.


SUMMER 2006


FRFFFFFI























New Compaex


Gifts to Fund Much Needed $5.2 Million Advocacy Center

BY KATHY FLEMING


he UF Levin College of
Law just completed a
huge renovation of facili-
ties. Now come the
finishing touches ... a
much needed new advo-
cacy center.
Pensacola attorney Fred Levin (JD 61) has
contributed $2 million as the lead gift to the college
to build a $5.2 million complex that will include a
large, modern courtroom and faculty offices. It and
two other significant gifts are eligible for state
matching funds, which will bring the value of the
gift to $5.2 million for the college.
A new state-of-the-art courtroom complex could
assist UF's already nationally recognized trial advo-
cacy program advance to the upper echelon and give
students more opportunities to use skills learned in
the classroom.
College of Law Dean Robert Jerry said the expan-
sion to be named the Martin H. Levin Advocacy
Center in honor of Fred Levin's son and former
colleague will put the UF law school at the forefront
of major law colleges providing students with sophisti-
cated facilities and services.
"This is a transformational gift for the law school
and critically needed by our trial advocacy program,
which was ranked 13th in the nation in 2005," said Jerry.
"Combined with the recent $25 million renovation of
our academic space, the addition of this advocacy court-
room places our facilities among the best in the nation."
Other significant gifts for the project come from
Robert Montgomery, of Robert M. Montgomery Jr. &
Associates in West Palm Beach, and the law firm of
Kerrigan, Estess, Rankin, McLeod & Thompson in


Pensacola. Both firms have exceptional trial records
and were instrumental in representing the state of
Florida in its $13 billion settlement against the tobac-
co industry.
The two-and-a-half story complex will feature a
grand entry foyer, a fully functional trial and appellate
courtroom with a 120-seat gallery and bench for seven
judges, as well as 10 offices for retired faculty and
four apartments for distinguished scholars and
visitors. The new complex is planned to extend from
the west end of Bruton-Geer Hall.
Construction will begin in May 2007 and should
be completed for Fall 2008 classes, with the bulk of
construction occurring over two summers to ensure
limited disruption of classes.
In making the new facilities possible, Levin said,
"Law school changed my whole life. It was there I
found a sense of purpose and fell in love with the logic
and beauty of the law. My hope is that my gifts to the
law school will ensure the college takes that next step
to true greatness."
Levin, namesake of the UF law school, provided
a $10 million cash gift in December 1998 that, with
state matching funds, moved the college's endow-
ment into the top 10 of all public law schools in
the nation.
He is well known as one of the most successful trial
attorneys in the country, having received more than 25
jury verdicts in excess of $1 million, including six in
excess of $10 million. On numerous occasions during his
career, he has held the national record for jury verdicts
involving a variety of wrongful death claims, and held
the largest personal injury verdict in Florida. He is a
member of the Inner Circle of Advocates, an organization
limited to 100 members throughout the country.


UF LAW






















^"Al.
IMANp






on~~S DrwigBor


Levin received the "Perry Nichols Award" in 1994,
which is the highest honor bestowed by the Academy of
Florida Trial Lawyers. It is awarded in recognition of a
person's lifetime achievements in the pursuit of justice.
In 1999, the National Law Journal named Levin the
top civil litigator in Florida and one of the "Top Ten
Litigators for 1999," both for plaintiff and defense counsel.
When asked about his greatest career accomplish-
ment, Levin named the rewriting and passage of the
Florida Medicaid Third Party Recovery Act in 1993,
which successfully permitted the State of Florida to sue
the tobacco industry to recover expenditures for treating
illnesses caused by cigarette smoking.
Levin, however, is most proud of his children and asked
that the new courtroom complex be named in honor of his
son Martin (JD 88), "the finest lawyer I've ever seen."
Martin Levin said an advanced advocacy center will
provide students with the preparation and skills they need
to enhance the administration of true justice.
"All lawyers need exposure to the process of the advo-
cacy system to help them think logically, be succinct, inves-


tigate, prepare and relate better with Fred Levin is making the center possible
people of different social, intellectual,
age, education and racial backgrounds," Martin Levin said.
"The justice system fails when lawyers aren't prepared."
He believes most beneficial social changes such as
taking dangerous drugs off the market, requiring seat belts
and air bags, or protecting wetlands come about when The
they are addressed in the courts first. Elected officials j
usually react only after the courts and public opinion weigh
in to tackle difficult issues, Levin said. system
"In the 1960s, my father tried a case that resulted in
the prescription drug chloromycetin being temporarily fails
withdrawn from the market," Levin said. "At that time, when
the drug was thought to be a cure-all for many things,
including acne, yet it was causing numerous severe side lawyers
effects and was killing approximately 5,000 people a
year. My father's case, in a little courtroom in Pensacola, aren't
is thought to have saved at least 400,000 lives. Because
of the case, the drug was pulled from the market for gen- prepared.
eral use and now is mainly reserved for microbial infec- ARTIN
-MiARTIN LEVIN
tions that are resistant to antibiotics."


Bailey Courtroom Continues to Serve


ail of sa..o'ingj '*lier- the U l F la*\
P hool is going.j is all|irei'atlin.j
.ih-i-e it lhas lbn In 198b a
ne I-. -el of e. c -llen'.-e t vas ai.hi-..e l
Ith thle opeiniingi of rth then iltla-moal-
ern Balle, Coullloonl in B .tion-'Geel
Hall O..e: the ipa-s th~o decadles the
Co;urltioonm has allo. el studle nts to lionel
rieii tiial skills in a reali-tril setling andl
citili.i trh-i] perfio nann.- .ia .itleotap-
ing rte lnolog,
Tlhoulgh the ioulrirooi is ci-elired
'.iih allo'*in. the riial i 'oinlptrition team
r.o eain national iprominen-l-e UF la.,
hilStolian Bent, Ta,loi I JD 621 said i
,.'asn r long before orthel schools be-gan


to follow* uit llnnl .atri. i-apabilities
i.ombine-d \'tlli VileS epieal publicity,
die,.' .i-ir.is from n-ea andl fai for
i.ouriiooim ours
Tile facilities anIl ie uilmJennt \*ere
ina le possible jl ith a $350 000 gjift flom
th- estate of Ralph R Baill, airanjged
i, per-sonal estate i-epes-enratl..e
Jainms D Camp Ji IJD 51)
Bail-, *' ho d-l I in 196I 1 vas a
succi es-ful Ianldo.,n r ani l ile.elop-r
in Bio-'o.ard Count, His l-eg'J., also
esttablished on- of the Iarjest scholar-
ship funil-' foi U F Ia,'. studentRs from
th- Bro,,alnl Count, ar-a and also
pro.ideil $100 000 to UF libraries


SUMMER 2006







a




















Being Better


Burned out and searching for answers, Martin Levin

leaves powerful practice for divinity school

BY KATHY FLEMING


s Martin Levin (JD 88) and
his dad Fred (JD 61) left
the courthouse in June
2000, there was cause for
celebration. They had just
prevailed in a $32 million
medical malpractice suit.
But there was no joy for
the younger trial lawyer. It was just his latest win in a long
line of over-the-top victories that brought yet more money
and more prestige.
"He had come to hate the practice of law," said his
father, who worked next to his son, in and out of the
courtroom, seven days a week for 12 years. "I was really
worried about him."
Despite being one of the most successful attorneys in
the nation a savvy strategist named one of the "Top
Ten Litigators in 1999" by The National Law Journal -
Fred Levin did not expect what came next.
Martin, at the age of 36, announced he was leaving
his multi-million dollar annual salary and the law firm to
attend Harvard Divinity School.
He was departing at the top of his game. He was presi-
dent of the Levin Papantonio law firm in Pensacola, a firm
created in 1955 by his uncle, David Levin (JD 52), and for-
mer Florida governor Reubin Askew (JD 56). He had
received 15jury verdicts in excess of $1 million and five in
excess of $20 million. He was on course to become presi-
dent of the Academy of Florida Trial Lawyers Association.
Bob Kerrigan, a Pensacola attorney who often works
with and against the Levins, says Martin was a competi-
tor who has "gone up against some of the best attorneys
in the nation and whipped them all."
"Few lawyers in my experience have had the ability
to have an immediate grasp of complicated legal issues
with the ease that Martin does," Kerrigan said. "He is one
fine human being as well."


For Martin, it was both easy and hard.
"I was born into a fortunate situation. I never wanted
for ..ii. li.;r.,." Martin said, ever soft-spoken and reflective.
"But I made a decision early on that I was going to stand
on my own. I wasn't the most intelligent guy in the room,
so that meant I had to study seven days a week when I was
in college. Once I started practicing law, I prepared literal-
ly 365 days a year, even on Christmas, to compete at a high
level."
That work ethic led to "WX hy am I
Martin graduating with top
honors in economics at here? W hat is
Stanford University, and in the
number one spot of his UF law my purpose?"
school class. He was editor of
the Florida Law Review and clerked in the United States
District Court. Twenty of his legal writings, and a book
on closing arguments, have been published. He designed
and developed SmartJURY, a software program available
commercially.
"I woke up at 36 and said, 'I've accomplished every-
thing I've dreamed of. I don't need or want any more
money.' I don't want to get caught in the economic trap
of greed, dishonesty or manipulation. It's not the proper
goal for me," he said.
Instead he wanted answers. And he started to change.
"I wanted to wake up one morning with an epiphany
and a sense of peace. It wasn't happening. I kept asking
myself those hard questions that everyone at some point
asks. Why am I here? What is my purpose? What is expect-
ed of me?" he said.
Martin grew up in a Jewish household. His wife
Terri, who he met at UF, grew up Catholic. Together they
began to explore area synagogues and churches of differ-
ent denominations. He started spending hours at Sacred
Heart Children's Hospital, regularly visiting terminally
ill children and their families. Known for his ability to


SUMMER 2006








party as hard as he worked, he no longer found either
pleasurable.
Terri suggested he take some religion courses at a near-
by community college. With his usual methodical attention
to research and planning, he decided Harvard Divinity
School was the best fit for his needs. He and Terri moved to
Boston in 2001, bought a house next to the school, and he
started classes on September 11, the very day of the terrorists
attacks and a time when millions were looking inward.
It wasn't that Martin wanted to become a rabbi
or a priest; he just wanted to know how to become a
better person.
"I didn't know what to think when he made this deci-
sion. It was a shock," said his father, describing his son's
decision as a big blow to him and to the firm. Martin was
not only the president of the firm, he was one of its top
three money producers.


"I think that experience was


Humanity International. Martin now assists Fuller in his
newest charity, The Fuller Center for Housing. "He is a
tremendous encourager to me, and I speak with him often for
his advice and support."
After Hurricane Ivan, Martin began spending two weeks
each month in Pensacola moving projects ahead, and then
like clockwork would return home to Boston for two weeks
to be with his wife and son Dustin, now four.
These days Martin continues to head up another fam-
ily business, Consolidated Technology Solutions, as well
as the family's non-profit foundation, which concentrates
on providing for the basic needs of children. The founda-
tion has done everything from giving away 10,000 pairs
of shoes to impoverished school children to helping build
a center for abused youngsters and a camp for terminally
ill and special needs children.
"Martin made a lot of money practicing law, but he gave
a lot of it away. Now he forces

kind of like me to give my money away,
said Fred Levin, who most


law school. The training helps guide you recently provided major fund-
1 ng (see page 14) for a new
through the issues and problems of life." advocacy center at UF law's


S.-


For three years
Martin studied
the religions of
the world as he
earned his mas-
ters in theology
at Harvard
Divinity School.


Martin, who often speaks about the good his father
has accomplished through his legal practice, calls his
father his best friend.
"Dad was great about 1 ,liii." said Martin. "He
would call me every day in Boston and ask me what I
learned in class that day."
For three years Martin studied the religions of the world
as he earned his masters in theology. Again he excelled,
graduating with an A average.
"Looking back almost two years later, I think Divinity
School was kind of like law school. The training helps
guide you through the issues and problems of life," he said.
"I'm definitely more spiritual now than before I attended
Divinity School, and the education gave me a much greater
appreciation for the different cultures, beliefs, religions and
philosophies that have evolved throughout history and that
presently exist."
What Martin didn't discover, however, was the meaning
of life. Nor did he experience the epiphany he desired.
In an effort to keep learning, he enrolled in an LL.M.
program in mass tort ethics at Harvard Law School. Two
weeks into the program, on Sept. 16, 2004, Hurricane Ivan
hit his hometown, destroying the family law firm that
employed 28 attorneys and 150 staff members.
He immediately left law school to oversee arrange-
ments for moving the firm into makeshift quarters and
spent the next 18 months getting the firm back into its
original building and handling everything from contrac-
tors to communications. He also got involved in various
charitable organizations.
"Physically, Martin is small in stature, but he is a man of
big ideas, actions, kindness and intelligence," said Millard
Fuller, the founder and longtime CEO of Habitat for


school. "I don't have hobbies. I
work. But, Martin has impressed on me that I can't take the
money with me and I might as well enjoy giving to others."
Martin will begin teaching trial law this fall at New
England School of Law in Boston and will continue serving
on the Board of Advisors for Harvard Divinity School.
He also commits his time and resources to the World
Centers of Compassion for Children, an international non-
profit organization working to improve the lives of children,
especially those of war-torn countries. The organization is
run by Nobel Peace Prize laureate Betty Williams and counts
other laureates on its Board of Advisors, including the Dalai
Lama, Desmond Tutu, Mikhail Gorbachev, Lech Walesa and
Elie Weisel.
"Martin is one of those rare individuals who lives by an
ethic of acts and reflections. Doing good for others is, for
Martin, like breathing in and breathing out; he does it natu-
rally," said Williams. "This year he will accompany me to
Dharamsala (a town in India with Tibetan exiles) where, with
His Holiness the Dalai Lama, I will lead a 'PeaceJam' for the
children of Tibet. His participation in this event will be
invaluable."
One thing that has not changed over the last few years is
his unwavering introspection.
"Why was I born with a silver spoon and never had to
worry about basic needs? Why is it that I was able to concen-
trate on staying motivated in my career? Is it chance, destiny,
fate?" he asks. "I wish I knew the answer."
"Right now I'm still contemplating the ultimate issues.
What can I do now to have the biggest impact and to do the
most good? I know it sounds corny and cliche, but I want to
be involved in the betterment of our world. The truth is, how-
ever, that the most we can do is likely the little things we all
know we should do."


UF LAW






















































On Top A
"This photo was taken as my
campaign team and I celebrated
my election to student body presi-
dent in the spring of 1956. It was
a milestone at the time because I
ran as an independent, as was the
majority of my campaign organiza-
tion. That was my last soir6e in the
political arena. My involvement
since has been limited to occasion-
ally helping political aspirants and
candidates, but I never managed
to campaign again. I have served
as general practitioner and lawyer
over the last 48 years."

J. Fletcher Fleming (JD 57)
Shell, Fleming, Davis & Menge
Pensacola

Contrary Conjecture
During the 1950-51 academic
year I had Crim Law I or II with
Professor "Danny" Clark, who had a
reputation as being very tricky.
Many of his exam questions
were from footnotes, and we
learned to be prepared. On this
final exam, he asked what year the
electric chair was first used in


Florida. I had no idea, so I just
reached out in the "blue" and
grabbed a date. In the next semes-
ter he stopped me one day in the
hall and said in his high, squeaky
voice, "Mr. Abbott, do you know
that story about Benjamin Franklin,
the kite, the key and harnessing
electricity?"
"Yes, I do," I replied.
"Do you know what year that
occurred?" he asked.
"I don't know," I said.
He gave one of his distinctive
"hee hee" laughs and nailed me.
"That's what I thought," he
replied. "It was about 20 years
after the date you wrote down
on the exam."

Charles Abbott (LLB 53)
Holland & Knight
Orlando

It's a Tie
Professor Nagan taught civil
procedure to my section of first-
year law students and wore the
same black tie to every class.
After a few weeks, Professor
Nagan's tie became the subject of


speculation and sly remarks by
my classmates ... "Will Professor
Nagan wear the black tie again
today?" "Does Professor Nagan
have another tie?" "The black tie
must be his favorite." "Maybe he
is in mourning." "Oh no, not the
black tie again."
Throughout the term, he wore
the black tie until the last class.
On that day, Professor Nagan
strode into class with a very bright
red, white and blue tie, resembling
the American flag, which was neat-
ly tucked in his pants. The class
broke into applause and gave him a
standing ovation. Unfazed, he
remarked "So, you like this tie?
Here, you can have it!"
Then Professor Nagan began
to pull his tie out of his pants, and
the tie kept coming and coming.
When he was done pulling, his tie
was draped over the lectern and
trailed on the floor. It was a magi-
cal moment, and no one cared
about the black tie anymore.

Lindy Paull (JD 79, LL.M. 80)
PricewaterhouseCoopers
Washington, D.C.


Tell Us


More

Happy, touching
or humorous, we
want your law
school memories.
Send to Kathy
Fleming, editor of
UF Law, at flem-
ing@law.ufl.edu.
Or call (352) 273-
0650 and tell her
your memory,
which will be put
in writing for your
final approval.


SUMMER 2006






ril Il










COVER STORY


There is a reason they call it general counsel. On any
given day, UF law graduates are guiding some of
America's most prominent businesses on a wide spectrum
of issues that can affect everything from transac-
tions and taxes to intellectual property and outside
counsel. These top executives often wade into
murky legal waters to review and vet business prac-
tices, opportunities and challenges that can cost or earn
their companies millions. It's all in a day's work. >
















PGA TOUR

RICHARD D. ANDERSON (JD 90)


Senior Vice President
& General Counsel

PGA TOUR:
World's premier men's
professional golf
organization, which
coordinates the high-
est level of golf tour-
nament competition
for the PGA TOUR,
Champions Tour and
Nationwide Tour.
Tournaments are tele-
vised on major net-
work and cable televi-
sion channels.
TOUR revenues
total approximately
$1 billion annually.
Ponte Vedra Beach,
Fla.


Background:
* B.S., UF
* With PGA TOUR for
11 years
* Troutman Sanders
from 1990 to1995


Size of staff and areas
of responsibility:
I manage nine people,
including four attorneys,
two paralegals and support
staff in addition to person-
ally handling television,
new media and player
issues. Areas of staff spe-
cialization include: sports
marketing, domestic and
international television,
new media, domestic and
international intellectual
property, retail licensing,
tournament relations, tour-
nament management, play-
er regulations, golf course
development, ownership
and management, employ-
ment, immigration, ADA
compliance, litigation, etc.

How did you come to concentrate on busi-
ness law as opposed to other practice areas?
During law school, I thought I wanted to be a liti-
gator. It wasn't until my first summer clerkship
that I learned business lawyers were not just
drafters, but integrally involved in structuring and
negotiating deals. That was very appealing to me.

What are the hot legal issues
in corporate practice
today?
Because PGA TOUR is not
a typical corporation, but
an association of profes-
sional golfers, we do not
face many of the issues
faced by large, private,
for-profit corporations.
In our world, a couple of
hot-button issues are
ownership of real time
sports data (see Morris
Communications v. PG,\
TOUR, M.D. Florida and Eleventh
Circuit) and regulation of entertain-


ment practices in the securities industry, as it relates to
entertainment at professional golf tournaments.

What has been one of your most
challenging cases/issues?
The Morris case dealt with whether the PGA
TOUR had the right to restrict the distribution of
real time data generated by its multi-million dollar
scoring system.

How have you been able to influence
the direction of your company?
Fortunately, lawyers in this company are well-
thought of and function as integral members of each
business unit. We constantly influence the direction
of our company by providing input on a broad spec-
trum of issues in their earliest stages. Perhaps for
this reason, we have an incredibly small amount of
litigation for a company our size.

How are your duties and responsibilities
different from what you anticipated?
I was originally hired as the TOUR's intellectual prop-
erty counsel and my duties expanded beyond that title
within the first two years. The biggest surprise and one
of the duties I find most enjoyable is the facilitation of
internal company relations. We have many disparate
groups (such as competitions, player relations, public
relations/ communications, television, marketing, etc.)
that must function collectively, but often their interests
are not aligned. I help find common ground so
that the company functions best as a
~ whole rather than segmented depart-
b ments or TOUR constituencies.

How has the working
relationship with outside
counsel changed over
the years?
We do not often employ out-
I side counsel. The one or two
Slitigators whom I do rely on
I have become close confidants
and in some cases, personal
friends over the last several
years. There is a deeper working
relationship present than I ever would
have expected.


UF LAW
















Duke University
PAMELA BERNARD (JD 81)

Bernard begins a new job at Duke University in July,
becoming the first ever non-Duke graduate to step into the
general counsel role there. The answers below etflct her
role as general counsel at the University of Florida.

Size of staff and areas of responsibility:
I was responsible for 11 attorneys in three offices. My
scope of responsibility included all legal matters for
UF and its 20-plus support corporations, two health
centers (in Gainesville and Jacksonville), and all col-
leges, professional schools, IFAS and athletics. I also
served as counsel to the UF Board of


What has been
one of your most
creative solutions?
In unraveling the com-
plexities of the Florida
Education Code's mas-
sive rewrite, the best
way I could describe
the constitutionally-created Florida Board of Governors
was as a fourth branch of government. Described as such,
it was much easier for individuals to understand its con-


Trustees.
T i Now, legal issues of significance
How did you come tore likel handled in-house ...
concentrate on corporate law as are more lkely h in-house ...
opposed to other practice areas?


My decision to practice in a corporate-type setting
happened by chance. The university's Office of
Counsel contacted me after I graduated law school,
though I was unaware that office even existed.
After two weeks on the job, I told my husband that I
couldn't believe they were paying me to do something
so interesting!

What are the hot legal issues
in corporate practice today?
In a complex research institution like UF, many of the
hottest topics are the result of the government's
stepped-up regulatory interest in scientific research
and medical practice. The complete restructuring of
the Florida public higher education system has taken
great amounts of time, both in adding first-time boards
of trustees to university operations and sorting out the
relative constitutional powers of various governmental
branches. Finally, not-for-profit entities are receiving
some of the spillover from the efforts of the federal
government to mandate greater accountability from
corporate boards after Enron and WorldCom.

What has been one of your most
challenging cases/issues?
One of my most challenging times, which occurred
early in my practice, was handling two major NCAA
investigations simultaneously. Because this practice
area is so narrow, there are few experts one can turn to
and very little law to serve as guidance. Likewise,
handling a multi-million dollar Medicare investigation
that spanned six years also generated years of experi-
ence over a relatively short period of time.


stitutional powers cannot be encroached upon by another
branch of government, a matter of continuing ambiguity.

How have you been able to influence
the direction of your company?
In-house counsel is able to achieve far greater success
through his or her influence than by the mere use of the
power of position. Influence comes from establishing
relationships of trust with the various decision-makers in
the organization and consistently achieving good results.
Through these relationships, the general counsel becomes
a valued member of the organization and will establish a
strategic place at the corporate table.

How are your duties and responsibilities
different from what you anticipated?
The greatest difference in practicing law for a major
research university is the range of issues with which the
general counsel must be familiar, including industry
trends and global events in virtually every area. Far more
of my work is related to the effect external events have on
the university than internal events.

How has the working relationship with outside
counsel changed over the years?
In the past, outside counsel was called upon for many
complicated issues, leaving the day-to-day work for in-
house counsel. That trend has reversed. Now, legal issues
of significance are more likely handled in-house, with
boutique areas of practice and federal litigation out-
sourced. Further, in-house counsel usually are more active
partners with outside counsel today, exerting greater
control over cases and requiring greater efficiencies.


Vice President &
General Counsel


University of Florida
(through June 2006):
The nation's fifth largest
university, with 49,000
students and an operat-
ing budget of more than
$1.8 billion.

Duke University
(as of July 1, 2006):
A private university
with more than
12,000 students
and an operating
budget of $2.8 billion.
Durham, N.C.

Background:
* B.S., UF
* With UF for 23 years
* Past president of the
National Association
of College and
University Attorneys
* Frequent speaker at
legal education con-
ferences and author
of numerous papers
* Served on the
General Counsel
Advisory Board of the
National Collegiate
Athletic Association
since 2000


SUMMER 2006






















Executive Vice
President &
General Counsel

New York Mets
(Sterling Mets L.R):
Major League
Baseball Franchise
Flushing, N.Y

Background:
* B.B.A., Florida
International
University: LL.M.,
Columbia
University
* With Mets 10 years;
hired as legal
counsel in 1995;
promoted to
general counsel in
1998; rose through
the ranks to execu-
tive vice president
in 2005
* Alston 8 Bird from
1989 to 1993
* Appointed as an
associate judge for
the Juvenile Court
of Fulton County,
Ga., in 1993
* Serves as board
chairman for Harlem
RBI, a baseball and
social service organi-
zation in East Harlem


New York Mets
DAVID P. COHEN (JD 89)

Size of staff and areas of responsibility:
I manage two attorneys and one paralegal and am
responsible for all legal affairs and human resources.
I generally am involved in overall management of
the organization, and also serve as vice president
and secretary of Mets Development Company.

How did you come to concentrate
on corporate law as opposed to
other practice areas?
I was interested in working in sports and the
opportunity to do so presented itself in an in-house
capacity.

What are the hot legal issues in
corporate practice today?
I find that corporate governance/ethics are the hot
legal issues.

What has been one of your most
challenging cases/issues?
Operating in a "regulated environment" i.e. one
of 30 major league baseball clubs connected
through a central governing body is certainly a
challenging issue.

How are your duties and responsibilities
different from what you anticipated?
A great deal of my time is spent on matters that
require business judgment in addition to legal
expertise. I also spend more time than anticipated
with financial matters, including credit transac-
tions and "baseball finance" issues such as
luxury tax and other financial regu-
lations.

How did the UF College
of Law help prepare
you for this career
path?
A solid legal education
has opened many doors.


i i I also spend more time...

with financial matters, includ-

ing credit transactions and

"baseball finance" issues

such as luxury tax and other

financial regulations. 9 9


UF LAW



















Amgen
MONIQUE L. CORDRAY (JD 89)

Size of staff and areas of responsibility:
I have a staff of 19 and am responsible for intellectual
property and litigation.

How did you come to concentrate on corpo-
rate law as opposed to other practice areas?
I left private practice to join Amgen because
I wanted my efforts as an attorney to make a positive
impact on society. Amgen's business is dedicated outside counsel. The advice I receive from outside
exclusively to developing therapeutics that counsel who understand Amgen's business
dramatically improve patients' lives. is much more practical and well-rea-
I truly believe that my efforts con- soned than legal advice from
tribute to Amgen's ability to achieve outside counsel who do not. I
its mission, which is reflected in believe working with outside
the passion I bring to my role as counsel is a partnership, not simply
an attorney. a delegation of tasks, which will be
successful only through mutual respect
How are your duties and responsi- i and communication.


abilities different from what you
anticipated?
My responsibilities have grown over
time with Amgen. I joined Amgen
eight years ago as a patent litigator.
Today, I am responsible for Amgen's
patent litigation and lead a skilled, moti-
vated team. Although my practice
continues to focus on patent litigation, I
now spend a lot of my time managing
others and work in many diverse
areas including patent prosecution
and strategy, patent policy, antitrust,
securities, product liability, corporate
litigation, FDA law, M&A and licensing.

How has the working relationship
with outside counsel changed
over the years?
When I first went in-house at
Amgen, I was disappointed with the
work product of outside counsel and
frustrated by their inability to antici-
pate our legal needs. I have learned
the value of taking the time to explain
Amgen's business and technology to A


How did the UF College of
Law help prepare you for this
career path?
My experience at the UF College of Law
was great training for my legal career.
I learned as a 1L that success requires
diligence and is not possible by taking
shortcuts. Professor Pearson taught
me the importance of focus to
concentrate on the relevant facts and
to analyze them critically. I continue to
rely upon the fundamentals of federal
evidence that I learned from former Dean
Lewis. The exchange program with the
University of Leiden was a significant
personal and professional growth
opportunity. Living in Holland and
backpacking across Europe gave me the
confidence to resolve complex problems
and to manage diverse personalities.
Interacting with law students from all over
the world taught me the importance of
communication and the value of seek-
L ing diverse opinions to achieve the
L best results.


Senior Associate
General Counsel


Amgen Inc.:
World's largest biotech-
nology company with
more than $11 billion
revenues in 2005.
Thousand Oaks, Calif.

Background:
* B.S., West Virginia
University; LL.M.,
Georgetown
University Law Center
* With Amgen 8 years
* Fish h Richardson
from 1994 to 1998
* Cushman, Darby E
Cushman from
1989 to 1994
* Involved in patent
litigations, including
Amgen v. TKT/
Aventis, Schering
v. Amgen, IBEP v.
Amgen et al and
A mgen//mmunex
v. Columbia
* Litigation experience
includes U.S. federal
court litigation and
Federal Circuit
appeals, as well as
litigation outside of
the U.S. in Japan
and the U.K.


SUMMER 2006


























Corporate Executive
Vice President &
General Counsel

SunTrust Bank:
Eighth largest bank
in the U.S. with
operations in six
Southern states and
Washington, D.C.;
with $180 billion in
assets and earnings
of approximately
$2 billion in 2005.
Atlanta, Ga.

Background:
* B.S., UF
* With SunTrust for
17 years
* Trotter, Bondurant,
Miller 8 Hishon
from 1979 to 1981
* Kutak, Rock 8
Huie from 1977
to 1979


SunTrust Bank
RAY FORTIN (JD 77)

Size of staff and areas of responsibility:
I am responsible for legal, compliance, corporate
governance and regulatory affairs. We have 45
in-house lawyers with an additional staff of


100 focused on compliance and
administrative tasks.

How did you come to concen-
trate on corporate law as
opposed to other practice areas?
I have concentrated on corporate/
securities law mainly because I find
business interesting, and I don't
really have the patience for
litigation. The corporate legal
environment has changed a
great deal over the past few


How has the working relationship with
outside counsel changed over the years?
Our outside lawyers are valuable partners for SunTrust,
and we strive to develop meaningful relationships with


6 f When hiring a

law firm, we look

for expertise,

efficiency and

effectiveness. 9


years. There are certainly more rules, which
are being applied with less flexibility and
harsher sanctions. The Sarbanes-Oxley Act
Shas complicated the daily life of a public
company, and has driven an increase in
accounting and regulatory expense. Although
good for our profession, I wonder whether this is
good for our economy as a whole.


them. When hiring a law firm, we look for
expertise, efficiency and effectiveness. At
times I worry the legal profession has
become too driven by the billable hour,
but I don't know of an effective alterna-
tive model.

How did the UF College
of Law help prepare you
for this career path?
I think law school can be a very valu-
able prelude to a career in corporate
life. My time in law school spent focus-


ing on the more rigorous commercial courses has
been invaluable to my career. The effort put into
corporate, UCC, tax and other commercial courses
gave me analytical skills and basic information that I
use every day. The legal profession is competitive
and the business world is very demanding of its
lawyers. Competition requires intensive preparation
and UF Law afforded a good foundation.


UF LAW

















Gerdau Ameristeel


ROBERT E. (BOB) LEWIS (JD 85)


Size of staff and areas of responsibility:
I work with one other lawyer. Together, we are
responsible for all of the company's legal affairs.
I am primarily responsible for acquisitions,
board of directors and governance matters,
securities issues, trade and overseeing significant
litigation.

How did you come to concentrate on
corporate law as opposed to other
practice areas?
I majored in accounting so corporate/business
law was a natural fit for me.

What are the hot legal issues in
corporate practice today?
The hot legal issues mostly relate to corporate
governance, compliance and class action
employment litigation.

What has been one of your most
challenging cases/issues?
During my prior tenure as general counsel of
Eckerd Corp., we had a newly hired executive
who was about to be sued in Florida for violating
a non-compete agreement he signed in Chicago.
Since Illinois was more favorable to employees
with respect to non-competes, we filed a declara-
tory judgment action against his previous
employer in Chicago just before the employee
was sued in Florida. We ultimately negotiated a
very favorable resolution of the case.

How are your duties and responsibilities
different from what you anticipated?
It has been interesting to go from Eckerd, where
we had 15 lawyers in an established legal depart-
ment, to Gerdau Ameristeel where I was the first
lawyer the company ever hired. I thought it
might be a difficult adjustment for the employees
here to have an in-house legal department, but I
have found that everyone welcomes the internal
support. I have also enjoyed being associated
with a manufacturing company and dealing with
the legal issues the organization faces. The fact


that Gerdau Ameristeel is a public company-of
which 70 percent is Brazilian owned-also has
made my experience here very interesting.


i i The fact that Iwe arel a

public company of which

70 percent is Brazilian owned

- has made my experience

here very interesting. 9 9

How did the UF College of Law help
prepare you for this career path?
My years at the UF College of Law gave me the
legal training I needed to start and develop my
legal career. Additionally, the personal contacts
I developed while in law school have been bene-
ficial throughout my career.


Vice President, General
Counsel & Secretary

Gerdau Ameristeel
Corporation:
Second largest mini-mill
steel producer in North
America with annual sales
of approximately $4 billion.
15 mini-mills in the U.S. and
Canada that produce more
than 8.4 million tons of
finished steel products.
Tampa

Background:
* B.S., UF
* With Gerdau
Ameristeel one year
* Eckerd Corp. from 1994
to 2004
* Shackleford, Farrior,
Stallings 8 Evans from
1985 to 1994
* Member of the board
of directors of Pilot Bank,
a community bank in
Tampa


SUMMER 2006














The Weather Channel
BECKY POWHATAN (JD 76)


Executive Vice
President, Distribution
& Business
Affairs/General
Counsel

The Weather
Channel Companies:
Includes two 24/7
networks (The
Weather Channel
and Weatherscan),
weather.com (a top
15 website world-
wide), and Desktop
Weather. Provides
weather information
to 250 radio stations,
60 newspapers and
more than 5 million
users via wireless
devices.
Atlanta

Background:
* B.A., UF
* With The Weather
Channel nine years
* Landmark
Communications,
Inc. from 1988 to
1996
* Willcox 8 Savage
from 1985 to 1988
* Kaufman 8 Canoles
from 1978 to 1985
* Akerman, Senterfitt
t Eidson from 1976
to 1978


Size of staff and areas of
responsibility:
I oversee six lawyers and 10 staff members in the
legal area, which includes the video library and
patent program. I am responsible for overseeing and
directing sales of The Weather Channel and
Weatherscan and related products to cable, satellite
and telephone companies and other distributors of
the networks to the consumer. The distribution team
consists of 26 employees.

How did you come to I O One
concentrate on corporate/
business law as opposed to hottest i
other practice areas?
I was a business litigator for is the se
12 years. One of my clients,
Landmark Communications, Inc., a Of data -
private media company in Norfolk,
Va., that owns newspapers, televi- internal
sion stations, classified advertising
publications and The Weather which wl
Channel, asked if I would like to
become a business lawyer and join from cust
the company as corporate counsel. I
worked closely with outside corpo-
rate lawyers and learned much of what the job required.
After eight years at the corporate level, the president of
The Weather Channel convinced me I should become
part of an operating business as general counsel and
serve on the executive committee.

What are the hot legal issues in
corporate practice today?
I think it differs for a private company versus a
public company. One of the hottest issues for our
companies today is the security of our data both
internal and that which we collect from our cus-
tomers. Over the last few years, numerous federal
and state laws have been proposed and enacted
regarding the unauthorized use or disclosure of
personally identifiable information. In addition, the
media has increasingly focused on incidents of loss
and unauthorized use or access of personal informa-
tion. The Weather Channel brand stands for trust and
expertise. Inadvertent release of data regarding our
customers would impact not only our relationship
with our customers, but our brand. There also is
potential liability related to security breaches and
unauthorized disclosure of personal information.


What has been one of your most
challenging cases/issues?
I was asked by the parent company to begin a
patent program for The Weather Channel
Companies. I knew very little about patents and
even less about running a patent program. I began
interviewing technology companies and law firms
with expertise in patents to learn how others had


set up such a
didn't. We had


If the

issues ...

curitv

- both

and that

e collect

homers. 9 9


program-what worked and what
to decide whether to hire a patent
lawyer or a technology person as
patent program director, and
create objectives for the program.
Today we file approximately 10 to
15 patent applications a year and
are building a culture of patent
awareness through education
and an ongoing commitment to
innovation.

How have you been able to
influence the direction of your
company?
I was the first in-house lawyer for
The Weather Channel. As the sole
in-house lawyer for my first three


years, I was involved in all legal issues that arose in
addition to all significant contracts that affected any
of our various weather businesses. By such involve-
ment, I gained an understanding of the overall
business, whereas some of my peers were focused
on a specific area. Also by being part of the execu-
tive committee, I participate in setting strategic
direction for the company.

How are your duties and responsibilities
different from what you anticipated?
I am much more involved in the actual business
than I ever anticipated. I was fortunate in that
several of my bosses at The Weather Channel rec-
ognized the importance of having the general coun-
sel involved on the executive committee in the
early stages of the planning process and negotia-
tions of significant contractual relationships. By
having such involvement, I quickly learned the
business and began providing legal and business
advice, thereby gradually increasing my business
responsibility. In 2005, I became head of distribu-
tion wherein I am responsible for over $100 million
in revenue for the company.


UF LAW















Adecco Group North America

GEORGE REARDON (JD 75)


Size of staff and areas of responsibility:
I lead a staff of 10 in the attorney law department and
manage all of the North American legal functions.

How did you come to concentrate on corpo-
rate law as opposed to other practice areas?
Like several of my classmates, I returned as a lawyer to
the industry in which I worked before law school.
Although I am pleased with how things turned out, I
caution law students about starting at an in-house job
right after law school. In his 1975 law office manage-
ment course, professor Scott Van Alstyne said it is easier
to move from private practice to other legal work than it
is to make any other kind of legal career move. That was
more so the case in the past, but it still holds today.

What has been one of your most
challenging cases/issues?
My first legal job was general counsel of a small compa-
ny. That was challenging in itself, since I had no mentor,
predecessor or legal staff. The first piece of litigation I
had to contend with involved the very survival of the
company. Fortunately, we won that case at the D.C.
Circuit Court of Appeals.

How have you been able to influence the
direction of your company?
I have campaigned to help Adecco and others in the
industry reverse a trend toward excessive transfers of
risk from the


vAl
^- .-"^6


customer to the company. This year, I am also urging
staffing customers to relax policies that automatically
(and I believe, unnecessarily) rotate temporary employees
after a certain period of time on their assignments. The
employees will reap the greatest benefit from that, if I
succeed.

How are your duties and responsibilities differ-
ent from what you anticipated?
My father, who was a lawyer, once gave me three
words of career advice: "Life is sales." We never spent
much time on basic, effective sales skills in law school,
which are invaluable to the profession. Persuasion and
interpersonal relations are just as important in business
and transactional law as they are in litigation.

How has the working relationship with outside
counsel changed over the years?
I have always wondered why the corporate bar agonizes
over these "relationships." Few outside counsel worry
about them. Instead they focus on client development or
sales. Corporate counsel should focus on results, costs
and internal clients. One of the greatest current chal-
lenges for corporate counsel is the prevention, detection
and remediation of law firm billing abuses. Attorneys in
law firms are under tremendous pressure to bill, and the
range of what a certain package of services can cost is
great. If you are not attuned to these details, you will pay
more than the firm's other clients.

How did the UF College of Law help
prepare you for this career path?


In my opinion, the law of Florida is more intellectual than
the law of many other states. The UF College of Law
probably helped achieve that, since many of its graduates
go on to become Florida judges. When I attended, it
struck a fine balance between legal scholarship and
preparation for practice. As a large school, it also
offered a rich selection of courses and activities for
various legal interests, including business.

SHow would you compare the practice of
business ethics with legal ethics?
This may sound strange, but I have always been
proud of the section of the Florida Bar News that
publishes the ethical transgressions of Florida
lawyers. Of course, I am not glad such things
occurred, but I know of no other profession or occupa-
tion that is as forthright about admitting the fallibility
of its members and as systematic at disciplining them.


Senior Vice President
& General Counsel

Adecco Group North
America:
World's largest staffing
company, with $21 billion
worldwide revenue, oper-
ating in more than 70
countries and employing
up to 700,000 people
every day.
Melville, N.Y.

Background:
* B.S., Indiana
University
* With Adecco
two years
* Kelly Services from
1998 to 2004
* Sole Practitioner
from 1994 to 1998
* The Talent Tree Corp.
from 1990 to 1994
* Snelling E Snelling
from 1983 to 1990
* Charles Stedman E
Co. Inc. from 1976
to 1982


SUMMER 2006














Motorola Networks

GEORGE SELBY (JD 73)


Corporate Vice
President, Law


Motorola Networks:
One of four business-
es comprising
Motorola, a Fortune
100 global communi-
cations leader with
U.S. sales of $36.8
billion in 2005. The
Networks group deliv-
ers cellular, wireless
broadband and wire-
line access technolo-
gies and other prod-
ucts and services.
Arlington Heights, II/.

Background:
* B.A., Emory
University
* With Motorola
20 years
* Macdonald,
Mclnerny,
Guandolo, Jordan
8 Crampton from
1982 to 1985
* U.S. Department of
Justice, Antitrust
Division from 1973
to 1982


How did you come to concentrate on
corporate law as opposed to other
practice areas?
I'm not even sure how I ended up as a lawyer, let alone
a business lawyer. My father is a doctor and he thought
I'd gone to the dark side. I initially focused on litiga-
tion because I so much enjoyed moot court and trial
practice, but became interested in corporate law by
taking very stimulating courses on basic corporations
and antitrust.
It's interesting how careers can be 6 I th|
serendipitous. My antitrust law professor
suggested I apply for a position with the would
U.S. Department of Justice Antitrust
Division through their honors program. I lawsui
was accepted and used that as spring-
board first to a corporate practice with a we cl0
law firm in Washington, D.C., and then to
joining Motorola. would
I found that the more I worked
with business, the more I enjoyed the CUstom
diversity of the experience. For those
out there just beginning their careers,
consider that a corporate practice involves virtually
every area of law, which provides for a rich range of
potential experiences.
Over the course of my career, I have handled every-
thing from M&A to employee terminations, criminal
investigations, FDA regulatory matters and international
dispute resolution. I've had experience in court and in the
boardroom. The opportunity to provide legal advice and
counseling that shapes a global business icon like
Motorola has been extremely satisfying.

What are the hot legal issues in
corporate practice today?
Compliance! Compliance! Compliance! For a publicly
traded, major international corporation like Motorola,
the impact of the Sarbanes-Oxley Act has been enor-
mous. The cost of compliance is immense, but it pales
in comparison to the business risk if you don't do it
right just witness the demise of corporations like
Arthur Anderson and Enron.
Motorola prides itself on its commitment to busi-
ness ethics. Part of my management responsibility is to
help our corporate Office of Ethics & Compliance
drive the ethics and compliance program down to the
day-to-day business operations for one of Motorola's
major businesses.


t,

a

Ii

in


What has been one of your most
creative solutions?
As a business lawyer, you must recognize your objectives
are to minimize legal risk while helping to maximize
business opportunity. Success is measured by avoiding
litigation and resolving business disputes in ways that
preserve business relationships whenever possible.
One of my best outcomes began on a Friday after-
noon. We were served with a complaint from a major
customer who not only sought substan-
ught we tial damages, but also to terminate a
major contract. I thought we would win

in the the lawsuit, but we clearly would lose
the customer and their future business

but (if we hadn't already).
I joined the business team and we

rly flew to the customer headquarters that
evening. Over a very long weekend, we

0se the negotiated a business resolution accept-
able to the customer, agreed on how to
Lr. resolve the legal claims, and filed a
stipulated dismissal when the courthouse
opened on Monday morning.
Today, 10 years later, that customer still buys
Motorola equipment and their value to us as a
customer far outweighs the minor cost of resolving the
dispute. The lesson is simple you must understand
the business imperative and recognize that legal results
are good only if they achieve your business objective.

How did the UF College of Law help
prepare you for this career path?
When I started law school, I thought I would end up as a
commercial litigator with a local firm. Even though it's a
state school, UF had national and international experts on
the faculty, and their p~I I ',il; ,i ..1 ili...i 1. I.
of background. Expos... i .. i11.. il ii I1.ii II..I ..I
me to consider broader .ii. -fp.i ...i
Oneoftheadvanta.a .. i i i.- I .
that it provides not oni. *..r.. -
ful opportunities withi:. I i
state, making avail-
able an outstanding
legal education and
incredible statewide
connections, but
also great national
and international
opportunities.


UF LAW














Nestle USA

ALEXANDER SPITZER (JD 69)


Size of staff and areas
of responsibility:
My staff size is 36, which
includes tax lawyers and
tax accountants. My
responsibilities include
all federal and state tax
planning for acquisi-
tions, divestments, reor-
ganizations, all federal
and state controversy,
lobbying, compliance
and book taxes.

How did you come
to concentrate on
corporate (or
business) law as
opposed to other
practice areas?
In law school, I enjoyed
corporate tax law
immensely. My only other
path of equal interest was
criminal law.


What are the hot
legal issues in cor-
porate practice today and what has been one
of your most challenging cases/issues?
1. Legitimate tax planning versus abusive tax avoid-
ance transactions. 2. Cross border transactions. 3.
Economic substance and business purpose testing of
corporate transactions.

How have you been able to influence
the direction of your company?
Nestl6 has been able to avoid "packaged" tax
products and other abusive transactions.

How are your duties and responsibilities
different from what you anticipated?
Nestl6 is a great place to work, and I never imagined
that I would head up the Tax Department of such a
large company. More importantly, I have fun every
day at my job and I am lucky to be working with
great people. Plus, we dress casually every day and
are surrounded by an ocean of candy!


ESTLE'S


How has the working relationship with outside
counsel changed over the years?
The relationship has not changed the most impor-
tant element of working with outside counsel is to
ensure a "team" effort and a proactive involvement
with all aspects of an engagement.

How would you compare the practice of
business ethics with legal ethics?
Business and legal ethics are, and should be, compati-
ble. Perhaps the line between ethical and non-ethical
behavior may be a little less gray in the legal profession.

How did the UF College of Law help prepare
you for this career path?
When I attended UF law, the school did not yet have a
graduate tax program, so I attended NYU for an
LL.M.. However, I got my start on taxes at UF with
Professor James J. Freeland, who was the best teacher
I ever had in my life. He made taxes come alive and
got me started on my career path.


Senior Vice
President Taxes


Nestle USA:
Principal U.S. unit of
Nestl6 S.A., a Swiss
public company and
largest food company
in the world, with
more than $70 billion
in annual sales. Nestl6
USA has 42,000
employees and $18
billion in annual sales
and has been named
by Fortune magazine
"America's Most
Admired Food
Company" for the
last six years.
Norwalk, Conn.

Background:
* B.S., UF; LL.M. in
Tax from New York
University Law
School
* With Nestle for
20 years
* Tax Counsel and
Assistant Vice
President of Gulf and
Western Industries
(later, Viacom/
Paramount
Communications)
for 12 years
* President Emeritus
of the Organization
for International
Investment (promi-
nent Washington,
D.C.-based lobbying
group for U.S.
subsidiaries of
foreign-based
companies)
* Board member of
International Tax
Forum and Nestle6
Waters North
America, the largest
U.S. bottled water
company
* Chairman of the
Subcommittee on
Inbound Companies
of the United States
Council for
International Business
* Provided expert
testimony to the
Senate Finance
Committee on inter-
national tax matters


SUMMER 2006



















Foundation Coal Holdings

GREG A. WALKER (JD 81)


Senior VP, General
Counsel and
Secretary

Foundation Coal
Holdings:
Nation's fifth-largest
coal producer with
$1.2 billion annual
revenues and 3,000
employees
Linthicum, Md.

Background:
* B.S., University
of Pennsylvania
* With Foundation
Coal for 17 years
* Cyprus Amax
Minerals Company
from 1989 to 1999
* McGuire, Cornwell
8 Blakey from
1986 to 1989
* Mobil Oil Corp.
from 1981 to 1986


Size of staff and areas of responsibility:
I am responsible for all legal, corporate secretarial,
land, environmental and governmental affairs
activity (four lawyers and five other direct
reports).

What are the hot legal issues in
corporate practice today? A
One hot issue is compliance with Sarbanes-
Oxley Act and other corporate governance C
because members of the board of directors
are now very active.

What has been one of your most
challenging cases/issues?
I am now serving on the board of the FutureGen
Industrial Alliance, Inc., a $1 billion international
project to develop the world's first zero-emission
power plant, which the president referred to in a
recent State of the Union address. As a member
of the board, I am asked to spot the legal
issues, which is a challenge. This involves every-
thing from international intellectual property
matters to governmental indemnification for
potential effects of capturing and injecting carbon
dioxide into the earth. The plant will be built
in the U.S., but at this time, there are American,
Australian, Chinese and British companies
involved.

What has been one of your most creative
solutions?
After many decades of surface mining, we were
unable to reclaim a property in Colorado in
accordance with our permits. These
permits, issued decades earli-
er, assumed the deer and elk
would leave the area. The
opposite occurred and the
overpopulated deer and elk
were eating the replanted
vegetation. Years of effort
proved unsuccessful, but we


resolved the dispute by donating a permanent
conservation easement for an elk calving ground in
another area and changed the permit conditions.



SThis time there are American,

lustralian, Chinese and British

companies involved. 9 9


How have you been able to influence the
direction of your company?
Legal input is sought at the outset of almost every
commercial transaction as the lawyers are consid-
ered to be the human resource with a holistic view
of the organization. We are the only ones who see
agreements in all areas such as land, labor, environ-
mental, purchasing, sales, financing and other
areas. As such, we can spot issues and problems
early and structure the transaction accordingly.

How are your duties and responsibilities dif-
ferent from what you anticipated?
For many years, we were private. Going public in
December 2004 required a complete refocusing and
restructuring of my daily role-it was like going
back to law school with only pass or fail grades.

How has the working relationship with
outside counsel changed over the years?
We have gravitated to fewer firms who provide
consistent and prompt service. A sense of trust and
confidence is critical so you need not comb over
every invoice.

How did the UF College of Law help
prepare you for this career path?
They made everyone take tax! In my experience,
this is not common at most law schools. There are
tax issues in every business transaction and a basic
understanding is necessary


UF LAW





















UF law school alumni can be found in corner corporate offices in financial, food,

real estate, manufacturing and numerous other brand name institutions. Here

are just some of the top executives leading organizations around the world.


A. DUDA & SONS
Tracy Duda Chapman (JD 90)
Vice President and General Counsel
Oviedo
Diversified land company with a variety
of agricultural operations and real estate
operations throughout the U.S. ..

AMERICASMART-ATLANTA
Neal G. Patton (JD 81)
Secretary and General Counsel
Atlanta
Owns and manages a 4.5 million- square-
foot trade mart complex and produces moi:
than two dozen trade shows annually in
Atlanta, Orlando, New York and Las Vegas

APRIA HEALTHCARE GROUP
Robert G. Abood (JD 86)
Senior Vice President, Acquisitions
Tampa
Nation's leading provider of integrated
home healthcare products and services
for more than 1.2 million patients in
50 states, consisting of 500 branches

ARCS COMMERCIAL MORTGAGE
Steven D. Heller (JD 80)
Senior Vice President
Princeton, N.J.
One of America's leading
multi-family lenders

ASTAR Air
John Dasburg (JD 73)
CEO and co-owner
Miami
(Formerly DHL Airways) With a fleet
of 45 aircraft, provides international
air freight and charter services for
DHL Worldwide Express network,
U.S. military and U.S. Postal Service

ATTORNEYS' TITLE INSURANCE FUND
R. Norwood Gay III (JD 65)
Senior Vice President
and General Counsel
Orlando
Nation's sixth largest title insurer;
oldest and largest lawyer-owned
title insurer, with more than 7,000
lawyer-agents primarily in Florida,
the Midwest and the Southeast


BANKOF


AMERICA
A a a a aa Ass s
att Srl i1ID.1'


n1ril:ialirlk in the
.3 1.il IIn:.I in assets

TEM

Associate General Counsel
Jacksonville
Not-for-profit health care system that
owns and manages hospitals and
health-related facilities
BATTAGLIA FRUIT CO.
William R Battaglia (LL.M.T 78)
President and CEO
Winter Park
li ~lll / bi .; .; Il,4. 14,..I 4.; r






. .r l '' l P, 4 .ir. .r' u~l






OF FLORIDA
Vice President Regulatory Affairs
Jacksonville
Florida healthcare company offering
health-related products and services

BOCA RATON COMMUNITY
HOSPITAL
Paul E. Risner (JD 82)
Vice President and General Counsel
Parkland
Not-for-profit, community hospital
with the second largest cancer
program in Florida


BPB AMERICA
Larry Rayburn (JD 81)
General Counsel and Secretary
Tampa
World's leading gypsum company
with facilities in more than 50 countries,
with 31 locations and more than 2,000
employees in North America
THE BREAKERS PALM BEACH
R Kristen Kay (JD 94)
Director, Legal Services
Palm Beach
Five diamond resort that staffs more
ll, III-, i iiii 4.I ll'',4...


NK'S
.... | l 1 S
A a a
John. CollinsJr. (LL.M.T 77)

Vice nPir Ve Pr ent






General Counsel and Secretary


Auburn Hills, Mich.
World's largest builder of




:ron- manufactured homes; operates
'4 g W 0 ,',ll,-,, IN ,,,: II. ,,I,2

CHAMPION ENTERPRISES



softohn 32 homebuldins, Jr. (LL.M.T 77)uring
facilities in North America anddent,
partners withal Counsel and Secretary3,000
Auburn Hills, Mich.
World's largest builder of
ron- manufactured homes; operates
soft- 32 homebuilding manufacturing
facilities in North America and

independent retailers, builders
and developers.



COL
(i
i M" .i, A-ir y
| 4 ,_r E n,,. t "
H1eal rn anr Sa'fetCouil. -
I lanita I
.H -id s lai- I i'r inuf ia urer
.:1; ibultor an.:l iiI rk-eter of
r4onci intres :.,, E ,,., l
r,,ona1,:ohoh,.: 1:,4- .-, ._14-


SUMMER 2006


AsAA


L A&. A.&




















CODINA GROUP
Kolleen Pasternack Cobb (JD 88)
General Counsel
Miami
Top-ranked commercial real estate
investment, development, construction,
brokerage and property management firm
with more than 150 employees
COMPBENEFITS CORP
Bruce A. Mitchell (JD 80)
Executive Vice President,
General Counsel, Corporate Secretary
Atlanta
Leading full-service provider of dental
and vision benefit plans in 22 states
with a membership base of approximately
4.6 million people

THE CONTINENTAL GROUP
Erin Schatz Goldstein (JD 99)
Associate General Counsel
Hollywood
Provides property management and ancillary
services throughout South Florida and
employs about 3,600 full-time employees

CSX
Frank A. Lonegro (JD 93)
Vice President of Internal Audit
Jacksonville
International transportation company with
diversified services to various industries


DA N

;i ,d
RES N9

oca Geaea a C aunsel S

00,:t3,ol..:.ar., that n: ir.3 .:
.21 fps ..1rei .. 1 -1 :. .. I.:In..ng
h- r 3".its t i 4rou.ll I:i..ir ng. I_ 1


DYNETECH SERVICES
Stephen V Rosin (JD 72)
General Counsel and Vice President
Department of Legal Affairs
Orlando
Enterprise development and management
business focusing on financial software,
training and online services

FLAGLER DEVELOPMENT
Karl B. Hanson III (JD 94)
Vice President and General Counsel
Jacksonville
Owns, leases and manages about 7.8 million
square feet of Class-A office and industrial
space in Jacksonville, Orlando, Fort Lauderdale
and Miami


FLORIDA AGENCY FOR
HEALTHCARE ADMINISTRATION
Christa E. Calamas (JD 97)
General Counsel
Tallahassee
Administers state Medicaid program, regulates
healthcare facilities and collects and compiles
related statistical information

FLORIDA A&M UNIVERSITY
Elizabeth T McBride (JD 84)
General Counsel
Tallahassee
Four-year, public, co-educational and fully
accredited institution of higher learning

FLORIDA DEPARTMENT OF HEALTH
Timothy M. Cerio (JD 95)
General Counsel
Tallahassee
Regulates all I..:e-i e.: I~i i r l..:.le practitioners
and the delivery of public health services


FLORIDA POWER


& LI HT GROUP










Judith E. Burrus (JD 89)
Executive Vice President
and General Counsel
Nashville, Tenn.
Diversified real estate investment
firm specializing in the acquisition and
long-term management of multi-family
residential and commercial property

GENERAL SERVICES
ADMINISTRATION
Barry D. Segal (JD 89)
Senior Assistant General Counsel
Potomac, Md.
Federal agency that helps manage and
support the basic functioning of other
federal agencies by securing use of
buildings, products, services and technology

GLENN WRIGHT CONSTRUCTION AND
DEVELOPMENT
Gex F Richardson (JD 88)
enGeneral Counsel
Fort Lauderdale
Private, residential construction company
specializing in urban redevelopment
specializing in urban redevelopment


jARjWK:

SERINATO





is .:.inn ,i'nl:.ii -- l', ;[:i. n ,T,. i,.:,,: .. in'n. ;..l-n:. 3i 'n-. [ i. ,m o -
rabilia and classic American food


HISTORIC TOURS OF
AMERICA
Edwin A. Scales III (JD 91)
General Counsel
Key West
Largest privately owned tour company in the
world; operating trolley and train tours, histori-
cal themed attractions and retail stores in cities
throughout the U.S.

IMPLANT INNOVATIONS
Glenn L. Criser (JD 90)
Senior Vice President and Division Counsel
Palm Beach Gardens
Leader in the oral reconstructive market and
subsidiary of orthopedic and implant innovator
Biomet

INTERNATIONAL GAME
TECHNOLOGY
Ross A. Hodge (JD 67)
Associate General Counsel
Reno, Nev.
Global company specializing in the design,
development, manufacturing, distribution and
sales of computerized gaming machines and
systems products

IVAX CORP
Steven D. Rubin (JD 86)
Senior Vice President, General Counsel and
Secretary
Miami
Multinational company engaged in the research,
development, manufacture and marketing of
pharmaceuticals and veterinary products in
more than 30 countries


Sa A


L ..:I.lT'W O .:1U...: IF.r, ... LA:.an
U F LAW

















T I LARGEST COMMI E RCA BN IN THEIU.S. LEADING WORLDWIDE HOSPITALITY COMPANY


with more than 2,700 lodging properties
located throughout the U.S. and in
65 countries and territories

METLIFE REAL ESTATE INVESTMENTS
Chris Markussen (JD 72)
Chief Counsel
New York
A subsidiary of MetLife, a leading provider
of insurance and other financial services for
approximately 13 million U.S. households
and 9 million customers internationally

MIAMI CHILDREN'S HOSPITAL
Kimarie R. Stratos (JD 84)
General Counsel
Miami
World leader in pediatric healthcare and only
licensed hospital exclusively for children
in South Florida, employing more than
650 physicians and 2,000 employees

MPS GROUP
Jenny C. Lee (JD 98)
Associate General Counsel
Jacksonville
Consulting, solution and staffing services
to government entities and businesses in
an array of industries

NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
B. Michael McLemore (JD 87)
Southeast Regional Counsel
St. Petersburg
U.S. Department of Commerce agency
with stewardship responsibilities regarding
legal issues of the marine environment
and natural resources

THE NEMOURS FOUNDATION
Vivian Menge Gallo (JD 92)
Corporate Compliance Director
Jacksonville
A pediatric healthcare organization that
operates a children's hospital and pediatric
subspecialty clinics in various states

ORIX FINANCIAL SERVICES
Paul H. Kennedy (JD 91)
Senior Vice President and General Counsel
Equipment Finance

I .. :,'lnl'] ll j ) ...:.n'l ,-,t 'lu nrnl l tn'hi ..:
1 1 :i u L i.: ..: -i nn h tatsE' i'.:i..i..;,ii
OAwn, 1, I A ARIX C :,



P Gi.
Ed L M 1 M lER se JD2
g ll.u i '.', : P ie-,ln[ arl, :Chief
tin y -' 1
;.

SUMMER 2006


Ponte Vedra Beach
World's premier men's professional golf
organization, coordinating the highest level
of tournament competition for the PGA TOUR,
Champions Tour and Nationwide Tour

PHARMACEUTICAL CARE
MANAGEMENT ASSOCIATION
Barbara A. Levy (JD 85)
General Counsel and AVP State Affairs
Washington, D.C.
A national association representing
America's pharmacy benefit managers,
who administer prescription drug plans
for more than 200 million Americans

PRIMERICA FINANCIAL SERVICES
Maureen M. Middleton (JD 81)
Vice President and Assistant General
Counsel
Duluth, Ga.
Markets insurance, securities and

. l.r, ii,,.: tn .. l .A k.==Mit :' l:, ,,:' E


Cliii I- i L i T I ,I


': 1 I_ 1 n' ItI,_-, --,,'vn -:I _,nl, In m market
S h ,,_-,l ',,I 1" 11.11 13n.i I .r .n', I,, e

RFA MANAGEMENT COMR
Callum C. Macgregor (JD 96)
General Counsel
Atlanta
Diversified investment holding company
that manages a controlling interest in pub-
licly traded corporations and privately held
entities in addition to holdings in real estate
and private equity investments

RL HOMES AND REARDON LEVINE MAN-
AGEMENT
Aime6 S. Dishkin (JD 92)
General Counsel
Miami
One of South Florida's premier real estate
developers specializing in Miami-Dade
County planned communities

ROYAL PALM DIVERSIFIED
HOLDINGS
Kurt Raulin (JD 97)
General Counsel and Director of Legal Staff
Boca Raton
High-rise condominium development com-
pany with projects located on Biscayne
Bayfront, downtown Miami and southern
strip in Las Vegas


SUNGARD CORBEL, LLC
Craig P Hoffman (LLMT 1981)
General Counsel
Jacksonville
Provides software to the employee
benefits community

SUNNYRIDGE FARM
Lucius M. Dyal Jr. (JD 66)
Vice President and General Counsel
Winter Haven
A supplier of fresh fruit; exporting to
and sourcing from a host of countries

TECH DATA CORP
David R. Vetter (JD 84)
Senior Vice President and General Counsel
Clearwater
Leading distributor of IT products with
locations in more than 100 countries

UNITELLER FINANCIAL
SERVICES
Ronald N. Schwartzman (JD 78)
Vice President and General Counsel
Rochelle Park, N.J.
Financial services firm specializing
in global electronic funds transmissions
,an uu d -u i, .. _lr -


VERflN


CO.M 1I NS
V ERBoN ,.,

0i1a1 H Cat.3 I" D //

Ai the ,,,a ll:1 I- Ilest m ult.i I r, I,, l
,:, nib n .:,:, -.I ,,e

VEXURE
Michael P Williams (LLMT 95)
General Counsel
Jacksonville
Mix of shipping logistics services

VISTA HEALTHPLANS
Gerald M. Cohen (JD 83)
Senior Vice President
and General Counsel
Hollywood
Insurance company and affiliated
network consisting of three HMOs

WACHOVIA TRUST
Susan Neiswender Black (JD 96)
Senior Vice President, Managing Director
Orlando
Comprehensive trust administration, invest-
ment management, philanthropic advisory
and estate settlement services in 12 states

Compiled by Lindsay J. Dykstra and
Ashley S. Pinder













1e


ours
Family law takes more than book smarts and
a 'take-no-prisoners' attitude. UF draws on
several specialty areas to better equip a new
generation of attorneys for the demands of
one of law's most complex arenas.
















BY TIM LOCKETTE


f you met Steve
Sessums (JD 59)
on the street, you'd
probably never
guess what he does
for a living.
A tall, mellow-
voiced man, he
carries himself with the confident-but-
soothing demeanor of a good pediatrician.
An advocate of psychological testing in the
workplace, he can talk Myers-Briggs
personality types with the ease of an expe-
rienced psychologist. When discussing his
own inner workings, he is quick to state
that he has "the heart of a social worker."
Sessums isn't a doctor, or a psycholo-
gist, or a social worker. He's one of
Florida's top divorce lawyers though he
prefers the term "marital and family law."
"Family law is about more than just
making money, and it's about more than
just shuffling paper," he said. "It's about
being a counselor in law to someone who
needs it at a crucial moment in life. And
while it's often about dissolving a marriage,
it's also about preserving the connections
that allow families to function even when a
marriage breaks up."
Sessums' firm, the Tampa-based
Sessums, Mason & Black, has risen to
prominence largely because of outside-the-
box solutions to problems in family law.
Now he's one of a group of prominent
attorneys and child advocates who are help-
ing the Levin College of Law shape its
curriculum to educate a new generation of
kinder, gentler and ultimately, more
effective family lawyers.
UF's Center on Children and Families,
already one of the nation's foremost child
and family law programs, recently con-
vened a board of advisers to discuss what
they can do to better prepare their students
for the world of family law. The advice
these family law professionals give may
change the way you look at family law.


MORE THAN A HIRED GUN
"People often think of divorce lawyers
as hard-nosed advocates who take no
prisoners," said David H. Levin Professor
Barbara Woodhouse, director of the center.
"That's the image people see on television,
and when you're headed for divorce, that's
often the kind of lawyer you think
you want."
Some call it the "L.A. Law" effect. In
television and film, divorce lawyers appear
as polished, combative advocates who are
long on aggression and maybe a little short
on conscience. A "good" lawyer is
prepared to wage war over every dish or
bedsheet. A "good" lawyer is out to get it
all, and leave the other spouse destitute.
In the real world, experienced family
lawyers say, the attack dog approach rarely
gets the best results.
"When my clients come in they say,
'I want the toughest guy in town,"' said
advisory board member Bill Barnett (JD
66) of Barnett & Barclay in Orlando. "I can
do the tough guy approach but it's just
one of the arrows in a good lawyer's quiver.
You don't want to be a one-trick pony."
With a majority of all family law cases
headed for the mediator's table rather than
the courtroom, family lawyers often find
themselves calling on skills that haven't
traditionally been taught in law school,
advisory board members say. New family
lawyers find they need better "people"
skills the ability to empathize, listen and
look beyond the bare facts and see what
interests both parties have in common.
"Lawyers are hired guns," Barnett said.
"Clients think they want someone to swing
the sword and win the fight. But if you go
into negotiation with a take-no-prisoners
approach, your negotiations will last all of
five minutes."
When children are caught in the
crossfire, many lawyers say, a no-com-
promise strategy can become tragic.
That's why family lawyers who have a









wealth of experience in family breakups sometimes
find themselves in the role of mentor, advising their
clients not to burn too many bridges in the process of
a divorce or custody battle.
"I do counsel clients on how to act with the
children, and how to deal with the other parent, with
the understanding that these people are going to have
to function as a family occasionally in the future," said
Robert Merlin (JD 78) of Merlin & Hertz in Coral
Gables. "They're going to meet again at weddings, at
graduations or when one parent is picking up the chil-
dren for the weekend.


Discussing the
multidisciplinary
approach at a
CCF board
meeting is
Professor Walter
Weyrauch (from
left), Steve
Sessums (JD 59)
and Melvyn
Frumkes (JD 53).


Indeed, some family lawyers see the counseling
role as central to what they do. When Steve Sessums
began practicing family law in the 1970s after
going through his own divorce he asked all his
clients to enter counseling and take personality tests to
get at the root causes of their failed marriages.
"From the beginning of my career in family law, I
came to the conclusion that people whose marriages
are breaking up have personality issues underlying
their legal problems," Sessums said. "People need to
take a look at their 'picker' so they don't make the
same mistake again. And of course, it's a lot harder to
tear each other apart if you understand that some of
your differences are differences of personality."

OUT OF THE IVORY TOWER
None of this comes as a great surprise to CCF's
Woodhouse, her co-director Chesterfield Smith
Professor Nancy Dowd, or Senior Legal Skills
Professor Iris Burke, who for years have been mold-
ing UF's family law program to fit the trend toward
less adversarial approaches to family law.
Faculty and staff of UF's four family and children's
law clinics helped develop the model for Florida's


Unified Family Court System, intended to streamline
the legal process for people involved in juvenile or
family-related juvenile issues. UF's mediation clinics
and externships give students hands-on experience in
negotiating resolutions to real world family disputes in
Eighth Circuit courts. The CCF's Children's Fellows
work with faculty members on briefs and issue papers
on trends that affect children in the justice system.
Together, these programs give UF's family law certifi-
cate candidates exposure to the big picture approach
that for so long was missing in family law.
"There are only a few law schools in the country that
provide the kind of integrated program we have at UF,"
Woodhouse said. "Our faculty don't just read about law
reform, they're participating in it. Our clinical programs
give students ample opportunity to work with these
issues in a hands-on way. We also try to incorporate
experiential learning into the classroom setting so stu-
dents have practice in problem solving."
Teaching a less adversarial approach to problem
solving isn't always easy in the competitive environment
of law school, but it can be done. Consider one of the
first tasks Woodhouse and Dowd give their family law
students: negotiating a fictional pre-marital contract. It's
a task that, by definition, requires both parties to remain
on good terms.
"Rather than asking them to simply look at the
facts, we ask them to look at the interests of both par-
ties in the negotiation," Dowd said. "It's a very simple
change of perspective that can really alter your
approach to the dispute."
That training pays off when students find themselves
in the real world, where they're called on to be coun-
selors in the law as well as advocates for their clients.
"In family law clients are often angry when they hire
you," Woodhouse said. "A man may say he wants to
have his wife declared an unfit mother but that sort of
action can be very damaging to the family as a whole,
particularly if you attempt to have someone declared
unfit out of anger rather than based on facts. As an attor-
ney, it's your job to make your client understand that."
Last year, Dowd and Burke brought into the cur-
riculum the concept of "the six hats," a metaphor for
the half-dozen thinking styles people tend to bring to
problem solving. A person arguing from emotion is
wearing the "red hat." A person looking for the faults
in every plan is wearing the "black hat." And so on.
By teaching students to recognize the "hats" worn
by the parties not to mention the lawyers in a
dispute, students can learn to go beyond the bare facts
to find new ways to resolve a dispute.
"Lawyers have to be much more self-aware than our
traditions have taught us," Woodhouse said. "We've all
been trained to think, 'I've got the facts, so I've got
everything.' But we need to be more than that."









If it all sounds too touchy feely for a tough-minded
profession such as the law, Woodhouse and Dowd say,
keep in mind that the call for a more self-aware genera-
tion of family lawyers isn't coming from inside the class-
room it's coming from family lawyers now in practice.
"This is not coming from pointy headed law profes-
sors in their ivory tower," Woodhouse adds. "These are
people doing the high profile cases. They've been saying,
'please teach your students how to relate to their clients.'"

A NEED FOR BASIC SKILLS
While Woodhouse's students often earn praise for
their negotiating skills and broad-based approach to
family law, it's clear that the "Rambo" divorce lawyer
is far from extinct. In fact, CCF's advisors say they
still often encounter young lawyers who shoot first and
ask questions later.
Bill Barnett believes he knows why at least some
of those young lawyers take the "Rambo" approach:
they're in over their heads.
"They say that when you have the facts, you pound
the facts," he said. "When you have the law, you
pound the law. And when you have nothing you pound
the table. These young lawyers don't have the experi-
ence or the reputation, so they try to make up for it by
being the meanest lawyer around."
Twenty or 30 years ago, most family law practi-
tioners entered the field for the same reasons Barnett
did that is, partly by chance. Eager to try cases in
court, Barnett started his career at a public defender's
office, then decided to go into private practice. He
quickly discovered that, when you're the new kid on
the block, it makes sense to take up family law as well
as criminal cases.
1y decision was driven by what the big firms
weren't doing," he said. "I took on family law in addi-
tion to criminal law because the big corporate firms
didn't want these people in the lobby mingling with
their corporate customers."
Since then, perhaps because of the success many
lawyers have experienced in the field, more students are
coming to law school with plans to go directly into fami-
ly law without acquiring experience in any other area
"This is one of the most complex areas in law," said
Merlin. "That's what makes it so interesting for those
of us who love it. If you're not familiar with bankrupt-
cy, with estates and trusts and with tax law, at the very
least, you're in danger of committing malpractice."
Melvyn Frumkes (JD 53) of Miami-based Frumkes
and Associates takes it a step further saying most fam-
ily lawyers probably have committed malpractice at
some point in their careers while handling the tax conse-
quences of dissolving a marriage. Frumkes has written a
book on that very subject titled Frumkes on Divorce
Taxation but he doesn't claim to be a specialist in the


field. He says every family lawyer should have at his
command a voluminous knowledge of tax law.
"If you hold yourself out as a divorce lawyer, you
must understand tax," he said. "A mistake in this area
can have grave consequences for your client and
tax law is just one of the specialties a divorce lawyer
must master."
Since most private practitioners are in business by
themselves, most don't have the resources to hire
experts in taxation or other fields to handle these
matters for them.
Members of CCF's advisory board would like to
see students engaged in some sort of apprenticeship
before graduating from law school, or shortly after-
ward. Some speak of a need for a residency program
- similar to the process young doctors go through -
in which new graduates would work with practicing
family lawyers to learn the ins and outs of the business
before opening their own practices.


Bill Barnett believes he knows

why at least some young lawyers

take the "Rambo" approach:

they're in over their heads.

It's not an easy solution to implement. Most family
lawyers are sole practitioners, and can't afford to hire
another lawyer, even at a reduced rate. Recent law school
graduates, eager to get out from under their debt, often
feel they can't afford to work for an apprenticeship wage.
Currently, perhaps the best way a student or young
lawyer can acquire real-world experience in family
law is to do internships with government agencies or
non-profits something that comes naturally to
UF's public-service-oriented students.
"It's one of the benefits of having a strong emphasis
on public interest work," Woodhouse said.
The CCF is also trying to help fill the gap by offer-
ing a class on the Economics of the Family, taught by
Professor Steve Willis of the law school's top ranked
Graduate Tax Program, to give students an overview of
the economic fallout of divorce. Classes in Divorce and
Bankruptcy and Divorce and Tax Law are in the works.
While young family lawyers may have a lot to learn
from other fields, Woodhouse suspects the door will
swing both ways.
"It may well be that all lawyers have something to
learn from family law," she said. "People tend to under-
estimate the amount of dispute resolution that goes on in
civil cases, for instance. It may be time for people in
other fields to look at the progress we're making in
solving these problems in a less adversarial way."




















































































1







40 : ';; '""
i":i 3iiI'
II .. .19

.C;lti



























Law a la


Carte


BY KATHY FLEMING


orra Ivie heard the news and
groaned. Her 22-year-old
daughter was pregnant.
Ivie's daughter had tan-
gled with the law so many
times for drugs and other
offenses, she had given up
trying to exert control. Worst of all, Ivie figured she had
little power over the future of the newest and most help-
less member of the family.
When baby Jade was almost three months old, the
call for help came: "Come get her." Lorra and her hus-
band, George, brought their granddaughter back to their
Archer home near Gainesville.
"We knew we didn't have many rights," Lorra Ivie
said. "We were scared of what would happen if Jade's
momma wanted her back. We were scared she would end
up in foster care and go from place to place. Or worse."
They were determined to safeguard her and kept
asking questions until they found the Pro
Se/Unbundling Clinic at UF's Levin College of Law, an
unusual resource designed for people just like them.
Second- and third-year students, under the guidance of
Senior Legal Skills Professor Peggy Schrieber, helped
the Ivies fill out the correct forms and counseled them
through each stage of the family court meant to protect
the rights of Jade and her parents.
The Pro Se Clinic, now in its eighth year within the
seven UF clinics that provide students with direct prac-
tical experience, was a "lifesaver" for the Ivies. They
could not afford a private attorney, but they could repre-
sent themselves with student assistance, show up at
every appointment, and file every form in their lengthy


effort to gain permanent custody of their granddaughter.
The Certified Legal Interns who work directly with
clinic clients benefit almost as much as the clients. It is
often their first opportunity to take classroom knowl-
edge and simula-
tion training into I.b n L g
the real world. Unbundling Legal
n their work Services is Increasing
at the Pro Se clin-


ic, they are
trained to deter-
mine with the


Access for Many


client what service they will provide, which often
includes legal advice and assistance with mediation
and, very occasionally, court representation. They also
learn therapeutic approaches to help solve family con-
flict in less adversarial ways.

GROWING USAGE
Limited legal services are nothing new since
lawyers have long provided general legal advice or pre-
pared or reviewed documents. The unbundling of legal
services, however, takes the concept a step further by
advocating a team approach in which the lawyer and
client decide who will do what based on a menu of
available legal services. The clients, like the Ivies, take
the more active role and usually assume responsibility
for pro se court filings and appearances.
Unbundling has been growing rapidly in usage -
especially in family law cases though there are no
clear national statistics about the overall numbers of pro
se litigants. More than 65 to 85 percent of family law
cases are estimated to involve at least one pro se litigant.


SUMMER 2006











A survey by The American Judicature Society found
there are 150 pro se programs in 40 different states, with
some state-funded and others administered by the courts
or local bar associations.
Mark Juzwiak, who coordinates pro se cases in the
Eighth Judicial Circuit of Florida, said the pro se process
has already expanded to small claims and landlord/tenant
cases in his area, in addition to the family law cases over-
seen by the UF clinic.
Few dispute the need for pro se services. One
American Bar Association report notes that 38 percent of
low income families and 26 percent of moderate income
families do not take legal action when they need to, usu-
ally due to financial limitations.


choose partial representation over full representation and
did not take away full service business, but were instead con-
versions from self-representation.
"The benefits are quite helpful for clients. They receive
access to much needed legal services and thus to a more just
outcome," said Schrieber (JD 79), who directs the pro se
clinic. "It is helpful to judges who need to remain neutral and
court staff who can't give legal advice but want to direct
litigants toward assistance."

ACCOUNTABILITY ISSUES
The complicated concept has had its share of scrutiny
from bar associations, courts and attorneys concerned about
potential liabilities.


"[They] receive access to much needed legal

services and thus to a more just outcome."

Another 2002 report, compiled by several national sure is greater or th
legal groups, estimated that in 60 to 80 percent of the client fails to follow
cases, one of the two parties is unrepresented. In Florida, are unknown fact
the figure was more than 80 percent, and as high as 90 Research verifies 1
percent in Phoenix, Ariz., and Washington, D.C. lack of clarity abou
"Most litigants don't know where to begin Acknowledging
or how to respond to an action started by another party. well as the inherent
Without some direction and many state bar a
or guidance a good explicit limitations
majority might not get Florida Supreme C
the relief they are seek- authorization and ad
ing. In the past their case The reality in Fl
would just languish is that there aren't
because they haven't The ones who are ar
followed the necessary The ultimate de
procedures to go for- unbundled services
ward," Juzwiak said. such as the capabili
The Conference of problems, and the
State Court Administrators available, Schrieber
identified several reasons Most issues boi
for the increasing need of overcome if attorney
pro se representation, themselves to client
including the drastic breadth of the limited
reduction in funding of are followed.
civil legal services, the "The reality is
4 escalating costs of litiga- capable than an unii
tion, and the proliferation limited representative
of information available resented one," Schri
through the Internet and As one scholar
self-help books. water with one oar t
That same report
noted the significant A PART-TIME JO
majority of limited-serv- Meanwhile, th
ice clients did not expose future lawy


Many lawyers feel they are in
an awkward position in which,
instead of zealously representing
a client, they have less control.
Some worry malpractice expo-
at they could be held accountable if the
v through with a crucial step or if there
ors or conflicts of interest at play.
iwyers also are uncomfortable with the
t the ethical obligations.
the need for limited representation as
t pitfalls, the American Bar Association
associations have drafted court rules to set
and clarify lawyers' responsibilities. The
ourt approved rule changes to provide
Dress concerns in family law cases.
orida, according to a Florida Bar survey,
nany lawyers providing pro se services.
en't having problems.
vision about whether and how to provide
to a client depends on many factors
ties of the client, the nature of the legal
type of dispute-resolution mechanism
said.
il down to communication and can be
:ys are careful in the way they present
ts, the clients agree and understand the
d legal assistance, and jurisdictional rules

that an informed pro se client is more
informed one. And a client with discreet,
)n is more effective than a wholly unrep-
eber said.
put it, it's better to put the boat in the
han have no boat at all.

B
e Levin College of Law continues to
ers to both the concept and experience


UF LAW































Jade, with
grandparents
Lorra and
George Ivie


of pro se services, with the Pro Se/Unbundling Clinic took almost three years to conclude. The Ivies said they
handling about 80 to 100 cases a year. Students have could not afford to pay an attorney and would not have
the opportunity to deal with or discuss a full gamut of been able to go through the legal maze on their own.


family law issues, ranging from physical
or sexual abuse to paternity tests and


"The students were really helpful and


enforcement of final judgments.
"While students learn very specific we couldn't have done it without them."


subject matter in class, the clinics enable
them to practice the skills of interviewing and counsel


"The students were really helpful and we couldn't


ing through simulations and actual time with clients," have done it without them. We knew we couldn't deal
Schrieber said. "This is essentially a part-time job for with leaving Jade in limbo. Eventually her mother would
them, and often their first cases as attorneys." have found a way to use her and would have come and
In the case of Jade and her grandparents, students gotten her," said George Ivie. "Now she's safe and has a
were able to oversee a complicated adoption case that real shot at life."





Student Clinics in a Nutshell


S students receive essential training,
field experience and marketable
professional skills in each of the
UF law clinics by working directly with
clients. Directly supervised at all times,
many students earn special certifica-
tions. Due to the nature of the clinics,
only a limited number of clients can be
accepted.
The civil law clinics are named in
honor of Florida civil rights activist
Virgil Hawkins, whose efforts in the late
1950s to be admitted to the UF College
of Law paved the way for integration of
all state law schools in the early 1960s.
www.law.ufl.edu/centers/


* The Child Welfare Clinic provides
advice, interpretations and representa-
tion for a multi-disciplinary team of
doctors, nurses and psychologists who
are responsible for investigating and
evaluating the most complex cases of
child abuse and neglect in an eight-coun-
ty area of northcentral Florida. It is part
of the Center for Children and Families.

* The Conservation Clinic is part of the
Environmental and Land Use Law
Program and Center for Governmental
Responsibility and works with the govern-
mental, non-governmental and private
sectors to advance local, state, national
and international conservation objectives.


* The County Mediation Clinic mediates
small claims matters.
* The Criminal Clinic works with the
State's Attorney's Office or the Public
Defender's Office.
* The Full Representation Clinic represents
clients primarily in family law cases.
* The Gator TeamChild juvenile advocacy
clinic provides free legal services to
indigent children and advocates for
children in all types of civil, criminal
and administrative proceedings.
* The Pro Se/Unbundling Clinic gives
advice and counsel to litigants repre-
senting themselves in family court.


SUMMER 2006














FACULTY NEWS


Mary Jane Angelo
Assistant Professor of Law
SAwarded an "Internationalizing
the Curriculum" grant from the UF
International Center for $3,000. It will
be used to modify the environmental
dispute resolution course, which she
will teach at UF and will co-teach in
Costa Rica. It will include coverage of
international environmental dispute
resolution processes, case studies
and simulations based on environ-
mental disputes in Latin America.

Thomas T. Ankersen
Director, Conservation Clinic and Costa
Rica Law Program; Legal Skills
Professor
* Published "Towards a Bioregional
Approach to Tropical Forest
Conservation: Costa Rica's Greater
Osa Bioregion," Futures Journal,
Elsivier (2005), about applying princi-
ples of bioregionalism to land use pol
icy in Costa Rica's frontier forests.
* Published "Tierra y Libertad: The
Social Function Doctrine and Land
Reform in Latin America," 19 Tulane
Envt'lL. J. (with Thomas Ruppert)
about the role of a legal doctrine in
Latin American property law that
imposes positive obligations on land
owners to use their land productively,
and that justifies the expropriation of
large landholdings for redistribution.

Charles W. Collier
Professor; Affiliate Professor of
Philosophy
* Published a review of the book by
Owen Fiss, "The Law As It Could Be,"


in 116 Ethics 412 (2006). This review
argues that judges are not like literary
critics and moral philosophers, con-
trary to Fiss' suggestions.

Elizabeth Dale
Affiliate Associate Professor;
Associate Professor of History
* Published "Getting Away with
Murder" in the American Historical
Review 111 (Feb. 2006): 95. It is part
of a forum in conjunction with two
other authors titled "The Problem of
American Homicide."

Jeffrey Davis
Professor; Gerald A. Sohn Scholar
* Article titled "Ending the Nonsense:
The In Pari Delicto Doctrine Has
Nothing to do With What is Section
541 Property of the Bankruptcy
Estate" was discussed at the View
From the Bench Seminar held by the
Business Section of The Florida Bar.
U.S. Bankruptcy Court Judge
Raymond Ray cited the article in his
ruling in a recent bankruptcy case
involving Fuzion Technologies Group.
* Participated in a panel discussion on
"Chapter 11 Puzzlers: In Pari Delicto
(Are Innocent Creditors the Victims?)"
at the annual meeting of the National
Conference of Bankruptcy Judges.

George R. Dekle
Director, Criminal Law
Clinic- Prosecution
* Presented "Pretrial Practice in
Capital Cases" at the Arkansas
Prosecuting Attorneys Association
Capital Litigation Conference and the
Florida Prosecuting Attorneys Capital
Litigation Seminar. This was part of a
pilot project by the U.S. Department
of Justice Bureau of Justice
Assistance and the National District
Attorneys Association to develop a
national curriculum for prosecutor
education on capital litigation.

Nancy E. Dowd
Chesterfield Smith Professor;
Co-Director, Center on Children
and Families
* Published "Fathers and the
Supreme Court: Founding Fathers
and Nurturing Fathers," in 54 Emory
L.J. 1271 (2005), which argues that
the constitutional definition of father-
hood should be based on nurture
or social fatherhood.
* Submitted testimony to the U.S.
Senate Committee on the Judiciary,
Subcommittee on the Constitution,
Civil Rights and Property Rights,
about "An Examination of the


Constitutional Amendment on
Marriage." Her testimony was in
opposition to the proposed amend-
ment banning same-sex marriage.
* Participated in a conference on
parentage principles at birth hosted
by William and Mary College of Law,
and presented: "Birthfathers:
Determining Fatherhood at Birth."

Meredith Fensom
Director, Law and Policy in the
Americas Program
* Participated in "Seminario
Interamericano: Claves Para Una
Reforma a la Justicia Civil (Inter-
American Seminar: Keys to Civil
Justice Reform)" held in Santiago,
Chile, where she presented her
model and proposal for the establish-
ment of small claims courts in Chile.
* Presented "Judicial Reform, Military
Justice, and the Case of Chile's
Carabineros" at the XXVI
International Congress of the Latin
American Studies Association in San
Juan, Puerto Rico.

Mark A. Fenster
Associate Professor
* Published "The Birth of a Logical
System: Thurman Arnold and the
Making of Modern Administrative
Law," in Oregon L. Rev
* Delivered a talk entitled, "Making
Sense of Federal Constitutional
Takings After the 2004-05 U.S.
Supreme Court Term," to the Florida
Association of Eminent Domain
Professionals.

Joan Flocks
Director, Social Policy Division,
Center for Governmental
Responsibility
* Awarded $30,000 grant from the
UF School of Natural Resources and
Environment for an interdisciplinary
project entitled, "Asset Mapping and
Environmental Health Needs
Assessment in Lake Apopka
Communities."
* Consulted on a five-year, $1 million
National Institutes of Health project,
Community Based Participatory
Research to Reduce Women's Health
Disparities Through Temporary
Assistance to Needy Families
(TANF), awarded to the UF College
of Nursing.
* Presented a plenary panel,
"Environmental Justice and Proactive
Actions," and a workshop,
"Workplace Exposures in the Fields,
Industry and Schools," at the Center
for Environmental Health and


UF LAW


Adjunct Professor
Terry Zinn (JD 84)
with the Florida Dept.
of Transportation
team teaches an
environmental law
class each spring
with Enola Brown
(JD 84) of Tampa.
















Justice's Florida State Conference on
Environmental Health, Justice and
Economic Prosperity.

Alyson Craig Flournoy
Director, Environmental and Land
Use Law Program; UF Foundation
Research Professor
* Spoke on a panel on Hurricane
Katrina at the American Bar
Association Administrative Law
Section's annual conference.
* Presented "Consideration is not
Enough: Information Deficits and
Incentives Under Section 404 of the
Clean Water Act" at a symposium,
"Missing Information: Environmental
Data Gaps in Conservation and
Chemical Regulation," at Indiana
University School of Law,
Bloomington.
* Spoke on a panel about Disaster
Recovery and Waiver of Environmental
Laws at the 12th Annual UF Public
Interest Environmental Conference.

Michael W. Gordon
John H. and Mary Lou Dasburg
Professor in Corporate Law
* Received the Fulbright
Distinguished Chair in International
Commercial and Trade Law at the
Universidade Catolica Portuguesa
Faculdade de Direito in Lisboa,
Portugal, from April through July
2007, teaching Business Transactions
and International Litigation.
* Spoke at the annual convention of
the Defense Research Institute, the
principal organization of corporate
defense counsel, on the problems
encountered when international litiga-
tion involves civil law tradition nations.
* Re-elected to the board of directors
of the United States/Mexico Law
Institute. Also elected vice chairman of
the board and a member of the
Executive Committee. The board
includes eight members from the
U. S. and eight from Mexico.
* Publishing the ninth edition of his
co-authored casebook, International
Business Transactions, as well as the
second edition of his co-authored
casebook International Dispute
Resolution, West Publishing.

Berta Esperanza Hernandez-Truyol
Levin Mabie and Levin Professor;
Associate Director, Center on Children
and Families
* Published "Traveling the Boundaries
of Statelessness: Global Passports and
Citizenship" in the Cleveland State L.
Rev. The article proposes a model of a
formal global citizenship grounded in


the human rights idea of full person-
hood, including those marginalized
or disempowered within their own
or foreign national borders.
* Published "Cuba and Good
Governance" in 14 Transnational Law
& Contemporary Problems 655.
* Presented "Gag Rules, Health, and
Power: Towards a Human Rights
Approach" at the U.C. Davis confer-
ence on International Family Planning
and HIV/AIDS Policies.

Thomas R. Hurst
Professor; Samuel T Dell Research
Scholar
* Published "The Unfinished Business
of Mutual Fund Reform," 26 Pace L.
Rev. 113 (2005) about recent reforms
instituted by the SEC to deal with
widely publicized abuses in the mutu-
al fund industry, including late trading,
market timing, and excessive fees
charged to shareholders as well as
additional needed reforms.

Jerold H. Israel
Ed Rood Eminent Scholar in Trial
Advocacy & Procedure
* Published, with Wayne LaFave
and Nancy King, the 2006 additions
to volumes 1-6 of their Criminal
Procedure treatise, including several
new subsections.

Clifford A. Jones
Associate in Law Research/Lecturer,
Center for Governmental
Responsibility
* Awarded a $285,000 contract
from the U.S. Election Assistance
Commission to develop and maintain
an online Election Law Resources
Clearinghouse along with Lynda Lee
Kaid of UF's College of Journalism
and Communications.
* Published "Patent Power and Market
Power: Rethinking the Relationship
Between Intellectual Property Rights
and Market Power in Antitrust
Analysis," in J. Drexl, ed., Handbook
of Intellectual Property and
Competition Law, (Edward Elgar
Publishing, 2006).
* Published "Out Of Guatemala?
Election Law Reform in Florida and
The Legacy Of Bush v. Gore in The
2004 Presidential Election," 5 (2)
Election L. J. 121 (2006).

* Presented "Nostradamus Strikes
Again: A Premature U.S. Perspective
on the EU's Green Paper on Private
Enforcement" at King's College,
London. Served as Visiting Professor
of Law, King's College, London.


* Presented a paper, "Competition
Policy Dimensions of NAFTA and the
EU," to the Jean Monnet
Chair/Miami-Florida European Union
Center of Excellence Symposium,
"The European Union in Comparative
Perspective: A model and reference
for the Americas," University of
Miami, Coral Gables.
* Selected to receive a Fulbright
Senior Scholar Research Grant in
Spring 2007 in Germany to carry out
a research project on EU
Competition Law and Intellectual
Property Law at the Max Planck
Institute for Intellectual Property,
Competition and Tax Law and the
Ludwig Maximilian University of
Munich, both in Munich, Germany.

Cally Jordan
Associate Professor; Honorary
Senior Fellow, University of
Melbourne
* Participated in a roundtable at
Columbia Law School on "China's
Emerging Financial Markets:
Opportunities and Obstacles."
* Published article, "The Conundrum
of Corporate Governance," was
included in training materials pre-
pared for small and medium-sized
enterprises by the State Information
Office of the Chinese Government
in Beijing.
* Appointed to the Advisory Board to
the Chaire en Droit des Affaires et
Commerce International at the
University of Montreal.

Christine A. Klein
Professor
* Published chapter called "Survey
of Florida Water Law" in Waters and
Water Rights (Robert E. Beck, ed.,
Mathew Bender 8 Co., Inc., Rev.
Vol. 6 (2005)). Beck's treatise is a
multi-volume work that has been
one of the leading authoritative
references on water law for more
than 20 years.
* Published "On Integrity: Some
Considerations for Water Law" in the
Alabama L. Rev.
m Presented "How Should Florida's
Water Supply Be Managed in
Response to Growth" at a conference
sponsored by the Askew Institute.

Lyrissa Barnett Lidsky
UF Research Foundation Professor
* Cited in Klehr Harrison Harvey
Branzburg & Ellers, LLR v. JPA
Development, Inc., 2006 WL 37020
(Jan. 4, 2006), an opinion in the
Pennsylvania Court of Common Pleas


CGR to Study
Impact of Historic
Preservation

The law school's Center
for Governmental
Responsibility has
received an $89,000
grant to study the
effects of historic
preservation efforts on
the lives of Florida citi-
zens. CGR will develop
and use quality-of-life
indicators to help it
judge the impact of
ongoing efforts to pre-
serve historic buildings.

The study will also
identify best practices
for local governments
involved in downtown
revitalization, heritage
tourism and other
projects related to
historic preservation.
The study will be done
in conjunction with UF's
Department of Urban 8
Regional Planning, the
Center for Tourism
Research and
Development and the
College of Fine Arts.
Additional assistance
will be provided by the
Florida Trust for Historic
Preservation. The proj-
ect is funded by the
National Park Service,
administered through
Florida's Division of
Historical Resources
and the Florida
Historical Commission.


SUMMER 2006









that deals with the balance between the
right to speak anonymously on the Internet
and a plaintiff's right to protect his reputa-
tion. The opinion cited Lidsky's article
"Silencing John Doe: Defamation and
Discourse in Cyberspace."

Paul J. Magnarella
Affiliate Professor; Professor of Criminology
and Law; Affiliate Professor of Anthropology,
African Studies and European Studies
* Served on the board of advisors of the
recently published Encyclopedia of the
Developing World Vol. 1-3. New York/
London: Routledge, 2005. He also
contributed the following four articles to
the encyclopedia: "Human Rights:
Definitions and Violations," "Military and
Human Rights," "Self-Determination," and
"Universal Declaration of Human Rights."

Pedro A. Malavet
Professor
* Published the afterword "Outsider
Citizenships and Multidimensional Borders:
The Power and Danger of Not Belonging,"
52 Cleveland State L. Rev. 321-338 (2005) to
the 8th Annual LatCrit Conference. A critical
review of the included essays and articles, it
contextualizes current scholarship in the
large existing body of LatCrit scholarship
produced by the previous symposia.

Diane H. Mazur
UF Research Foundation Professor
* Presented and critiqued papers of three
military researchers during a panel on
"Human Resource Challenges in the Armed
Forces" at the Biennial International
Conference of the Inter-University Seminar
on Armed Forces and Society. The IUS is the
preeminent academic organization for the
interdisciplinary study of the military.
* Published "A Blueprint for Law School
Engagement with the Military" in the Journal
of National Security Law & Policy. This
article examined the Solomon Amendment
litigation then pending in the U.S. Supreme
Court.
* Spoke at the annual Lavender Law
Conference during the plenary session on
"The Solomon Amendment, Expressive
Association and the U.S. Supreme Court."
* Spoke at Boston College Law School as
part of a Solomon Amendment panel on
"Rumsfeld v. FAIR and the Limits of
Expressive Association."

Martin J. McMahon, Jr.
Clarence J. TeSelle Professor
* Presented "Recent Income Tax
Developments" at the American Bar
Association Tax Section Midyear Meeting
(with Ira Shepard). The presentation includ-
ed important court decisions, rulings and
statutory and regulatory developments
related to federal income taxation occurring
during the past year.
* Delivered a CLE presentation on "Recent
Federal Income Tax Developments" at the
52nd Annual Taxation Conference at the
University of Texas.


* Spoke to the University of Virginia School
of Law's Tax Study Group on "The
President's Advisory Panel on Federal Tax
Reform Proposals to Fix America's Tax
System."
* Published "An Income Tax Is Superior to a
Wage or Consumption Tax," 110 Tax Notes
1353 (March 20, 2006).
* Published "Recognition of Gain by a
Partnership Issuing an Equity Interest for
Services: The Proposed Regulations Get It
Wrong," 109 Tax Notes 1161 (November 28,
2005).
m Published Privilege and the Work Product
Doctrine in Tax Cases, 58 The Tax Lawyer
405 (2005) (with Ira B. Shepard).

Robert C.L. Moffat
Professor; Affiliate Professor of Philosophy
* Published "'Not the Law's Business': The
Politics of Tolerance and the Enforcement of
Morality," in the Florida L. Rev.

Winston P Nagan
Professor; Samuel T Dell Research Scholar;
Affiliate Professor of Anthropology;
Director, Institute of Human Rights and
Peace Development; Director, Study Abroad
Program with Cape Town University
* Honored as one of UF's outstanding inter-
national educators, representing the Levin
College of Law.

William H. Page
Marshall M. Criser Eminent Scholar in
Electronic Communications and
Administrative Law; Professor
* Published "Bargaining and
Monopolization: In Search of the 'Boundary
of Section 2 Liability' Between Aspen and
Trinko" in the Antitrust Law Journal.
* Presented "Policy Choices in Defining the
Measure of Antitrust Damages" at a work-
shop of the Competition Committee of the
Organization for Economic Cooperation and
Development in Paris. The conference dis-
cussed the European Commission's recent
Green Paper on measures to enhance pri-
vate antitrust enforcement in Europe.
* Presented "Policy Choices in Defining the
Measure of Antitrust Damages" at Notre
Dame University Law School.

Don C. Peters
Director, Institute for Dispute Resolution;
Director, Virgin Hawkins Civic Clinics;
Professor; Trustee Research Fellow;
Associate Director, Center on Children and
Families
* Published "To Sue is Human; To Settle
Divine: Intercultural Collaborations to
Expand the Use of Mediation in Costa Rica"
in 17 Florida J. Intern. L. 9 (2005).

Christopher L. Peterson
Assistant Professor
* Published "Predatory Lending and the
Military: The Law and Geography of
'Payday' Loans in Military Towns" in
the Ohio State Law Journal.
* Gave opening presentation on "Deregulation
and its Impact on Households, the Economy


and the Lending Industry" to private confer-
ence sponsored by the Rockefeller Brothers
Fund. The working group of experts met to
design legislation and strategy to revise
federal consumer credit law.

Kathleen Price
Associate Dean for Library and Technology
and Clarence J. TeSelle Professor of Law
* Planned and moderated a panel on First
Amendment issues to accompany Arnold
Mesches' "The FBI Files," an art exhibit at the
University Gallery co-sponsored by the UF
College of Law, and History and Criminology
departments.
* Planned and moderated a panel on the
Scopes Trial to accompany the performance
of LA Theatre Works, "The Great Tennessee
Monkey Trial," which appeared at the
University Theatre; lectured at the
pre-performance program.
m Spoke on artists' rights at a Jacksonville
panel for the arts community organized
By Katharine Rowe of Smith Gambrell.
* Spoke on "Building an Art Collection on a
Shoestring" at the ABA Facilities Conference
on Bricks, Bytes and Continuous Renovation
in Seattle. Served on planning committee.

Elizabeth A. Rowe
Assistant Professor
* Spoke at The Florida Bar Association
Computer Law Committee meeting on how
computers threaten employers' trade secrets.

Katheryn Russell-Brown
Director, Center for the Study of Race and
Race Relations; Professor
* Published chapter "The Myth of Race in
Crime" in Bohm and Walker's (eds)
Demystifying Crime and Criminal Justice
Roxbury Press 2006.
* Published "Black Protectionism as a
Civil Rights Strategy" in 53 Buffalo Law
Review 1 (2005).

Christopher Slobogin
Stephen C. O'Connell Professor; Affiliate
Professor of Psychiatry; Adjunct Professor,
University of South Florida Mental Health
Institute; Associate Director, Center on
Children and Families
* Published "Transaction Surveillance by the
Government" in a Mississippi Law Journal
symposium issue devoted to "The Search
and Seizure of Computers and Electronic
Evidence." The article argues that current
regulation of the government's attempts to
obtain records about our transactions is far
too lax, and makes specific reform proposals.
* Spoke on three panels at the annual
American Association of Law Schools meet-
ing, two connected with the "Workshop on
Integrating Transnational Legal Perspectives
into the First Year Curriculum" and the third
on the topic "Empirical Research on
Expectations of Privacy: How to Do It and
Why It Is Relevant."
* Spoke on "Comparative Criminal
Procedure" at an International Law Society
breakfast for UF students and commented on
the Andrea Yates case along with Yates'


UF LAW








lawyer, George Parnham, on a panel
organized by L.A.W. at UF
* Described his upcoming book with Oxford
University Press, Proving the Unprovable:
The Role of Law, Science and Speculation in
Assessing Culpability and Dangerousness,
at the American Psychology Law Society
Conference and, at the same conference,
spoke on "Reconceptualizing Due Process
in Juvenile Justice" with Mark Fondacaro.
* Defended his paper "An End to Insanity" at
a colloquium on Psychiatry and Criminal Law
sponsored by the University of Edinburgh,
Scotland.
* Spoke on "Tarasoff as a Duty to Treat: The
Insights of Criminal Law" at the Cincinnati Law
School Symposium on "The Future of the
'Duty to Protect': Scientific and Legal
Perspectives On Tarasoffs Thirtieth
Anniversary."
* Spoke on "Why the Story of Terry v Ohio is
Useful," at a Harvard Law School Symposium
on Foundation Press' Criminal Procedure
Stories.

Diane A. Tomlinson
Legal Skills Professor
* Taught a Legal Reasoning and Writing
course in January at the University of







BOOKS BY


FACULTY

This current sampling of books by Levin
College of Law faculty is available at
Amazon.com or from the publisher.

Handbook of Children, Culture, and Violence
Nancy E. Dowd, Dorothy G. Singer,
Robin Fretwell Wilson
Sage Publications, 2006
The first book to come out of a multi-disciplinary
conference held by the law school's Center for
Children and Families (co-sponsored by the
Center for Study of Children's Literature and
Culture) focuses on children as victims, perpe-
trators and consumers of violence. Participants
in the conference, along with other invited
authors, put together a volume of 21 original
chapters that report on an enormous amount
of empirical scholarship and cutting-edge policy
analysis. The book includes a chapter by Barbara
Bennett Woodhouse, "Cleaning up Toxic
Violence: An Eco-Generist Paradigm," as well
as an introduction by co-editor Nancy Dowd.

Minding Justice: Laws That Deprive
People of Life and Liberty
Christopher Slobogin
Harvard University Press, 2006
Minding Justice offers a comprehensive exami-
nation of the laws governing the punishment,
detention and protection of people with mental
disabilities. Using famous cases such as those
of John Hinckley, Andrea Yates and Theodore
Kaczynski, the book analyzes the insanity


Warsaw Center for American Legal Studies,
Warsaw, Poland.

Christopher A. Vallandingham
Foreign and International Law Librarian;
Adjunct Professor
* One of the primary organizers of the
"Ethics and Intelligence 2006" conference
in Springfield, VA.

Michael Allan Wolf
Richard E. Nelson Chair in Local Government
Law; Professor
* Presented "Takings and Private Property
Rights Or, 84 Years in 30 Minutes" at a
Preservation Law Conference held by the
Florida Trust for Historic Preservation.
* Presented "Supreme Guidance: Lessons
from the High Court on the Powers and
Responsibilities of Local Governments" at a
Chapman Law Review symposium on "The
Slippery Slope: Urban Runoff, Water Quality
and the Issue of Legal Authority."
* Presented "What Works and What Doesn't
Work: Lessons from the Law" at the Art of
the Town conference in Palm Beach.
* Moderated a Florida Bar Young Lawyers
Division Governmental Affairs Symposium
at the Levin College of Law.
















defense and related doctrines, the role of mental
disability in sentencing, the laws that authorize
commitment of "sexual predators" and others
thought to be a threat to society, and the rules
that restrict participation of mentally compro-
mised individuals in the criminal and treatment
decision-making processes. Slobogin makes
a case for revamping the insanity defense,
abolishing the "guilty but mentally ill" verdict,
prohibiting execution of people with mental
disability, restructuring preventive detention
and redefining incompetency.
Protecting Our Own:
Race, Crime, and African Americans
Katheryn Russell-Brown
Rowman and Littlefield, 2006
Inspired by the O.J. Simpson case, this book
explores the reasons behind the rise of "Black
protectionism." Russell-Brown examines the
protective cloak given to black leaders and
celebrities including O.J. Simpson, Michael
Jackson, Kobe Bryant, Mike Tyson, Clarence
Thomas and Marion Barry who face legal
trouble. The text considers why many blacks
think they should defend these figures since
many African Americans believe their commu-
nity is still under siege and that the lucky few
African Americans who find a way into the
spotlight deserve a break. However, with more


* Delivered three presentations at CLE
program on Regulatory Takings: Facing the
Challenges and Knowing the Remedies, in
Tampa.

Barbara Bennett Woodhouse
Director, Center on Children and Families;
Director, Family Law Certificate Program;
David H. Levin Chair in Family Law;
Co-Director, UF Institute for Child and
Adolescent Research and Evaluation
* Published "Ecogenerism: An
Environmentalist Approach to Protecting
Endangered Children" in The Virginia Journal
of Social Policy t the Law.

Danaya C. Wright
Professor of Law
* Presented a paper entitled "Legal Rights
and Women's Autonomy: Can Family Law
Reform in Muslim Countries avoid the
Contradictions of Victorian Domesticity?"
at a symposium on gender-relevant legisla-
tion in Muslim and non-Muslim Countries
for the Islamic Legal Studies Program at
Harvard University Law School. The paper
bearing the same title will be published as
part of a symposium in the journal Islamic
Law and Society.


-

'p.
PROECI N


and more African Americans in the spotlight,
this practice has new consequences. Russell-
Brown argues for and provides a roadmap for
"critical black protectionism."
Strategies for Environmental
Success in an Uncertain Judicial Climate
Michael Allan Wolf, Editor
Environmental Law Institute (ELI), 2005
The search for alternative grounds that is,
firmer foundations for American environmental
law in the face of current political, jurispruden-
tial and ideological hostilities has fostered
a 'New Realism' about environmental law,
according to the impressive environmental law
scholars assembled for this book. The result is
an "easily accessible and thought-provoking
collection of realistic ideas for advancing
protective societal goals through environmen-
tal law in a relatively unsympathetic judicial
climate," writes Texas law professor Thomas
O. McGarity. The book was the outgrowth of a
lively debate from a conference which also
included UF law faculty Mark Fenster, Christine
Klein and Richard Hamann co-sponsored
by the Nelson Chair and Environmental Law
Institute in Washington, D.C., and the Levin
College of Law. Professors Michael Allan Wolf,
Mary Jane Angelo and Alyson Flournoy
authored chapters.


SUMMER 2006












FACULTY OPINION







Bloggers: The New "Lonely Pamphleteers"


E he "lonely pamphleteer" was a
figure well known to the framers
of the First Amendment. During
and after the American
Revolution, pamphleteers made
vital contributions to public
.Ic.l,'.,k 1 ..,111. I .ie's enormously influential 1776
pimphlill C(. n,,i.*. Sense helped spur the colonists to


In 2005 there were more than eight million blog
sites, and Fortune magazine designated blogs the
biggest "tech trend" of the year.
Have bloggers inherited the mantle of the early
pamphleteers? Do they deserve the same First
Amendment protections as the "mainstream media?"
This question comes up in a variety of contexts, but
the answer is uncertain because the Supreme Court


Lyrissa
Barnett Lidsky
Associate Dean for
Faculty Development,
UF Research
Foundation Professor


declare independence
from Britain. About
half a million people
read Common Sense.
As a portion of the


"Do bloggers deserve the same First Amendment

protections as the 'mainstream media'?"


American population,
that's more (far more) than watched the Academy
Awards this year. Yet Paine was just one among many
influential pamphleteers writing during the
Revolutionary period. These "lonely pamphleteers,"
together with small newspapers, were undoubtedly the
"press" the framers had in mind when they ratified the
First Amendment guaranteeing press freedom.

DEFINITION OF PRESSING CHANGE
The press has changed greatly since James
Madison drafted the First Amendment in 1791. The
press has become the media, and the media have
become the creatures of large corporations. And yet
the lonely pamphleteer has returned and is making her
views known via a weblog, or blog. Some have
defined blogs as online journals, but that definition
hardly does justice to the infinite variety of blogs.
Some blogs are written by professional journalists
addressing current affairs in a manner little different
than that of an online newspaper. Other blogs are
intensely personal accounts of one person's daily life,
with little relevance to a wider audience. More typical
are blogs that deal with specialized interests, such as
gardening, pop music, the publishing industry or legal
academia. Many blogs are interactive, allowing read-
ers to leave instant commentary and feedback, and
many provide links to other blogs and information
available on the Internet.


has developed much of the law defining press free-
dom in response to the needs and interests of the
mainstream media.

CURRENT CASE LAW ON BLOGGERS
A recent California case, O'Grady et al. v. Apple
Computer Inc., provides an opportunity to address
whether bloggers enjoy the same rights as reporters to
protect their confidential sources. In O'Grady, Apple
Computer issued subpoenas to force two bloggers who
had posted information about one of its new products to
name their source. Apple claimed it needed the subpoe-
naed information to pursue an action for misappropriation
of trade secrets. The bloggers moved for a protective
order, arguing that the First Amendment protected them
from having to reveal their source. They also contended
that California's "reporter's shield" law protected them.
The trial court conceded that definingig what is a 'jour-
nalist' has become more complicated as the variety of
media has expanded." But the court found that even if the
bloggers were journalists, they would have to reveal their
sources. The court saw no legitimate public interest in the
publication of the alleged trade secrets and even compared
the alleged trade secrets to stolen property "fenced" by the
bloggers. The court reached this conclusion even though
Apple had other means of uncovering the employee who
leaked the information. And although the judge said he
would have reached the same conclusion if the case had


UF LAW







involved traditional journalists, the rhetoric of the opin-
ion suggests that he considered the bloggers to be
engaged in a rather dubious enterprise.
The case is currently on appeal, which gives anoth-
er court the opportunity to resolve what is bound to be a
recurrent issue. As courts begin to address it, the out-
come will hinge in part on what the First Amendment
protects under the heading of "freedom of the press";
more precisely, it depends on whether the Press Clause
of the First Amendment is a structural protection for the
"press" as an institution or a functional protection that
extends to anyone who disseminates newsworthy infor-
mation and commentary to the public.
Both interpretations have persuasive proponents.
Justice Potter Stewart famously embraced the structural
definition in a 1975 Hastings Law Journal article, "Or Of
the Press." Citing the notion of the press as a "Fourth
Estate," he contended that the First Amendment protects
the "organized press" so that it can "check" the three offi-
cial branches (estates) of government. Only the institution-
al press has the incentives and expertise to gather and
report information about the government on an ongoing
basis, and the institutional press is therefore "the only
organized private business that is given explicit constitu-
tional protection." Applying Justice Stewart's structural
approach to the Press Clause, the typical blogger, working
alone without the benefit of a news department, editor or
special journalistic training, would not be entitled to any
special First Amendment privileges extended to the insti-
tutional press. Certainly the typical blogger would be
denied a First Amendment privilege to protect confidential
sources, since the privilege has been extremely limited
even when applied to reporters for the institutional press.

INTERPRETING THE PRESS CLAUSE
The structural account of the Press Clause has its
critics. Chief Justice Warren Burger wrote in 1978 that a
"fundamental difficulty with interpreting the Press
Clause as conferring special status on a limited group is
one of definition." Defining the institutional press
would require the "officials undertaking that task... to
distinguish the protected from the unprotected on the
basis of such variables as content of expression, fre-
quency or fervor of expression, or ownership of the
technological means of dissemination." This definition-
al difficulty led Chief Justice Burger to prefer a func-
tional definition of the press: anyone who "publishes" is
a member of the press for First Amendment purposes
because the Press Clause simply protects the right to dis-
seminate one's "speech" to a wide audience. The prob-
lem with this argument, of course, is that the press
clause becomes a redundancy, acting simply to reinforce
rights already protected as freedom of speech.
Although bloggers disseminate information to a
large audience, a functional definition of the press may
not really achieve for bloggers the benefits they seek.


,ff .. *-...





In its First Amendment decisions, the Supreme Court
has always shied away from holding that the press
receives special rights not accorded to ordinary citi-
zens. The Supreme Court has never held that reporters
enjoy a special privilege to protect confidential
sources, although Branzburg v. Hayes, its key decision
on the issue, was divided and somewhat cryptic. It
seems even less likely that the Supreme Court will find
that the First Amendment gives bloggers greater
protections than other citizens. Indeed, a concurring
judge in In Re Grand Jury Subpoena, Judith Miller, the
case involving the subpoena (and later jailing) of The
New York Times reporter for refusing to reveal a source
within the Bush Administration, cited the "blogger
problem" as a reason not to extend a "reporter's privi-
lege" to a member of the mainstream media. The judge
noted that if courts gave New York Times reporters the
privilege, they would be forced to decide whether the
privilege would extend to "the stereotypical 'blogger'
sitting in his pajamas at his personal computer posting
on the World Wide Web his best product to inform
whoever happens to browse his way." Even under a
functional definition, bloggers may succeed in claim-
ing the mantle of "press" only to find that the mantle
does not really protect that much.
There are no easy solutions to most of the First
Amendment issues the Internet creates. The Internet
creates a more diverse "marketplace of ideas," but it
also magnifies the potential for conflicts between free-
dom of expression and other important social goals
(like protection of trade secrets). To resolve these
conflicts, our judges will have to be more than good
lawyers; they will have to be technically and sociolog-
ically savvy enough to understand the evolving role of
this new mass medium of communication.


"Even under

a functional

definition,

bloggers may

succeed in

claiming the

mantle of

'press' only

to find that

the mantle

does not

really protect

that much."


SUMMER 2006


T~Sc~--- "















CLASS NOTES


Share Your News
Please send submissions to: fleming@law.ufl.edu
(preferred) or Editor, UF Law Magazine,
Levin College of Law, University of Florida,
PO. Box 117633, Gainesville, FL 32611.

If you wish to include your e-mail address at the
end of your class note, please make the addition
to your class note or provide permission to print.


1949
Samuel L. Crouch Sr. retired from The Florida
Bar after 55 years of practice. He became a charter
member of the Bar upon its formation in 1950.

The Sarasota County Judicial Center was renamed
the Judge Lynn N. Silvertooth Judicial Center in
honor of the 24-year circuit court jurist.

1956
Louie N. Adcock Jr. is celebrating his 50th year as
a practicing attorney with the law firm of Fisher &
Sauls.

1965
John-Edward Alley, a partner in the Tampa and
Miami offices of Ford & Harrison, has been named
to the Guide to the World's Leading Labour &
Employment Lawyers.

Alan J. Rubinstein serves on the advisory
panel for the Center for Children and Families
at the Levin College of Law.

Sidney A. Stubbs, president of Jones, Foster,
Johnston & Stubbs in West Palm Beach, has been
appointed Florida chair for the American College
of Trial Lawyers. He also is the 2005 recipient of
the Palm Beach County Bar Association's
Professionalism Award.

1966
Jon W. Agee, under the pen name Noah Bond, has
recently published his second novel, The Doorstep
of Depravity.


1968
Charles B. Edwards, of Geraghty, Dougherty
& Edwards in Fort Myers, has been appointed
to the Board of Governors, the group that
oversees Florida's university system, for a
seven-year term.

1971
The J. William Fulbright Foreign Scholarship
Board reelected Steven J. Uhlfelder to his third
term as chair.

John K. Vreeland, of GrayRobinson in Lakeland,
was listed in Woodward & White's The Best
Lawyers in America.

1974
Leslie J. Lott, a past director of the International
Trademark Association and founding partner of
Lott & Friedland in Coral Gables, spoke at the
Boating Writers International annual meeting and
the Mastering Complex Intellectual Property
Licensing conference.

William P. White was elected public defender
for the Fourth Judicial Circuit, and took office
in January 2005.

1975
The judges of the Third District Court of
Appeal have unanimously chosen Judge
David M. Gersten to serve as the next chief
judge. Gersten also serves as faculty for the
National Judicial College, Reno, Nev., and as
an adjunct professor at St. Thomas University
School of Law in Miami.

1976
Roy B. "Skip" Dalton Jr., of Dalton & Carpenter,
served as general counsel to U.S. Senator Mel
Martinez. He also was listed in Woodward &
White's The Best Lawyers in America.

Michael J. Dewberry joined Fowler White
Boggs Banker as a shareholder and will work in
the commercial litigation practice group.


UF LAW


Crouch 49


aOUDDs Do
























A




Class of 1969

This self-organized group of 1969 graduates from
the Tampa area met recently to catch up on their
professional and personal lives: (from left) Steve
Reynolds of MacFarlane Ferguson; Pete Cockey of
Preston 0. Cockey, Jr; Hal Ferguson of Lykes
Bros.; Steve Gardner of Gardner Law Group;
Frank J. Rief of Rief Et Straske; Mike Annis of
Foley Et Lardner; Pete Zinober with Zinober Et
McRea; John Shofi of Shofi, Hennen, Gramovot Et
Associates; Jim Hines of Hines, Norman, Hines;
and Bill Zewadski of Trenam Kemker


1977
Charles S. Modell, of Larkin Hoffman Daly &
Lindgren in Minneapolis, has been named in the 2006
edition of the International Who's Who of Franchise
Lawyers and Woodward & White's The Best Lawyers
in America.

Dennis J. Wall was voted in the "top five percent" for
insurance representation by lawyers in Central Florida,
according to the Orlando Business Journal.

1978
Fred M. Abbott, of Abbott Law Firm, recently won a
$5.2 million jury verdict in a motorcycle accident injury
case in Alachua County civil court.

1979
Neisen O. Kasdin, a shareholder in the real estate
department of Gunster Yoakley, participated in a panel
discussion on "Revitalization of Downtown Miami" at
the South Florida Chapter of the National Association
of Industrial and Office Properties.

1982
M. Lee Drake Jr., of Davis, Matthews & Quigley in
Atlanta, has been selected by legal peers to be among
Georgia Trend's "Legal Elite" for 2005.


New University President


Robert R. Lindgr

U F's former top
development offi-
cer, Robert R.
Lindgren (JD 81)
has added yet another select
university to an already
impressive resume. Lindgren
was selected to serve as the
15th president of Randolph-
Macon College in Ashland, Va.
"Randolph-Macon College
is ranked as one of the top
national liberal arts and sci-
ences colleges in the country
and has an outstanding repu-
tation," Lindgren said. "It is a
privilege to have the opportu-
nity to become a part of this
great 175-year-old institution."
Lindgren previously hailed
from The Johns Hopkins
Institution in Baltimore where


he has served as vice presi-
dent for development and
alumni relations since 1994.
Also active as a university
senior officer, member of
the president's cabinet and
Board of Trustee leader,
Lindgren played an impor-
tant part in multi-billion
dollar campaigns, among
the largest in the history
of higher education.
Prior to arriving at Johns
Hopkins, Lindgren worked at
UF for 10 years as vice presi-
dent and chief development
officer, thus leading a nation-
wide fundraising program for
one of the top 10 public insti-
tutions in the country. Other
positions held at UF include
director of university devel-


opment, assistant to the
president, and the College
of Law's chief development,
alumni and public relations
officer.
Upon completion of his
undergraduate degree at UF,
Lindgren went on to earn a
masters in philosophy
degree in management
studies from Oxford
University before returning
to Gainesville for his law
degree.
A native of western
Michigan, Lindgren, his wife
Cheryl (JD 81) and their three
children all made the move
to Ashland. Lindgren
assumed his new post in
February.
-Lindsay J. Dykstra


SUMMER 2006


Seeking

Public

Interest

Lawyers

The fall issue of UF
Law magazine will
include an article about
alumni serving in the
public sector.
Specifically, we hope
to report on leaders
working in human
rights, community
development, non-
profit and government
agencies, or other
areas who are bringing
positive change to
their communities.
Please e-mail your
name, contact informa-
tion and 100-200 word
synopsis to Editor
Kathy Fleming at
(fleming@law.ufl.edu).
Please be aware we
may not be able to fea-
ture all submissions due
to space limitations.

















Florida Trend

Additions

A few individuals were
inadvertently left out
of the listing of
"Florida's Legal Elite"
in the last issue of UF
Law. We apologize for
these omissions: Alan
J. Rubinstein (JD 65)
of Rubinstein 8 Holz in
Fort Myers; Marc
Sachs (JD 76) of
Sachs 8 DeYoung in
Tampa; and John K.
Vreeland (JD 71) of
GrayRobinson in
Lakeland. In addition,
we listed the late
Clifford Shepard III
(JD 48) as one of the
recipients, when
instead we should
have listed his son,
Clifford Shepard (JD
85), of Langston Hess
Bolton Znosko 8
Shepard in Maitland.


Susan D. Hansen has been appointed public defend-
er for the City of Richmond, Va. She has been the
chief deputy for the past 12 years.

Janis B. Keyser has been appointed by Gov. Jeb
Bush to fill a vacant judicial post in the Palm
Beach County Court.

1983
James A. Gale, co-founder of Feldman Gale, was
a speaker at the Mastering Complex Intellectual
Property Licensing conference. He also was listed
in Woodward & White's The Best Lawyers in
America.

Elizabeth Miranda Hernandez was awarded the
Prestigious League of Cities "Best City Attorney"
Award for 2005.

Edward E. Sawyer, of White & Case in Miami,
has been elected chair of the Florida Bar Tax
Section for 2007-08. He is currently serving as
director of the Florida Bar Tax Section's Finance
Committee and co-director of the Tax Section's
Long Range Planning Committee.

1984
Ronald A. Levitt has been named a fellow in the
American College of Tax Counsel. In addition, he





Mayan Treasure

Gator Alumnus Uncovering Past


is the chairman of the ABA Tax Section
S Corporation Committee.

Mark W. Merrill was selected to serve on a panel
concerning "Connecting with Family" at the first-
ever White House Conference on Helping America's
Youth in Washington, D.C.


When Geoffrey
Young (JD 74)
isn't submerged
in the day-to-
day details of his St.
Petersburg law practice, he
is submerged in caves in the
Central Yucatan of Mexico,
where he dives to discover
treasures from the ancient
Mayan past.
Young and his fiance,
Melisa French, have helped
survey and preserve more
than 2,500 underwater archae-
ological sites in Mexico since
2003. The couple joined forces
with Guillermo de Anda, a
professor at Universidad
Autonoma de Yucatan in
Merida, after meeting him in a
technical dive training class.


Young and French have
been hunting for Mayan arti-
facts and cave diving since
1995. "It started out as fun,"
Young said. "But it has
become more than a hobby -
it's a passion."
Young and French are sup-
port divers on expeditions with
de Anda several times a year
and they have been on more
than 16 trips. The couple has
helped with fundraising efforts
for the archaeological program,
including coordinating research
funding sources from Promare,
a non-profit oceanographic
research fund for underwater
exploration.
Young hopes to set up
an exchange program
between Florida universities


and the underwater program
in Mexico.
"There is so much to be
done," said Young. "We are
trying to find ways of support
for this great program." French
is also a photographer and has
had her underwater shots
appear in Archaeology
Magazine.
Young is a partner at
Ruden McClosky law firm in
St. Petersburg and has experi-
ence representing banks and
developers before state and
federal courts in Florida, and
assisting clients in structuring
real estate and business acqui-
sitions. He also is the co-
author of Florida Mortgage
Foreclosures.
-Ashley S. Pinder


UF LAW











CLASS NOTES


Career in Flight

Lawyer Heads International Aviation Group


BY JANE ROBERTS

I n a four-day trip to Washington in 1990 that
turned into four weeks, FedEx lawyer Julie Ellis
(JD 74) helped lead the charge to get national
aircraft noise legislation passed.
For FedEx, uniform nighttime noise standards
meant it could fly any of its planes to any airport in the
country instead of negotiating a crazy quilt of local
standards.
For Ellis, victory is what you expect of yourself
when your father is a general and your boss is
Frederick W. Smith.
"Fred told us to 'Figure it out,'" says Ellis, 56.
She's been doing it most of her life.
Today, she is a senior attorney at Butler, Snow, O'Mara,
Stevens 8 Cannada PLLC and the new president of the
International Aviation Womens Association, likely the
most influential group of women in aviation, anywhere.
To get an idea, Ellis took office in Shanghai. Tupelo,
Miss., native Marion Blakey, head of the Federal
Aviation Administration, was a keynote speaker. So
was Sherry Carbary, Boeing Co. vice president; Tatyana
Anodina, Russian Interstate Committee chairwoman;
and Liu Jiangbo, vice president of China Eastern Air
Holding Co. Ellis will serve a two-year term.
"The idea is there are other women in this industry
that will provide help if you will just pick up the phone,"
she said. "And it's a great advantage to every company."
FedEx and Boeing Co. paid $25,000 apiece to help
sponsor the two-day IAWA conference in Shanghai.
For FedEx, the organization is "an opportunity for
its female executives to interact with other high-level
executives in the industry," said Mary McDaniel, IAWA
board member and as vice president of materiel and
corporate sourcing at FedEx Express, the highest rank-
ing woman in the FedEx airline.
McDaniel sat with Blakey at a conference luncheon,
an opportunity she says she can still hardly believe. "It
was a wonderful opportunity to get to know her and the
four or five executives, all women, who attended with
her. One said she would e-mail me. When I got to work,
it was already there."
IAWA started quietly in 1988 when a handful of
female aviation execs got together for lunch. When talk
turned to industry issues, they realized their perspective
was useful and unique in their male-dominated industry.
Today, IAWA has 350 members and gives two
$2,500 scholarships a year to women pursuing careers
in aviation. It provides quarterly updates on aviation
issues and facilitates some of the highest-level network-
ing in the biz.
Ellis joined in 2001. By 2004, she was president-
elect, preparing to preside over a group that also
includes some of the most influential women in
Chinese aviation, including Madame Xue, vice presi-
dent, China Aerospace Science and Industry Corp.
"I became a very busy member," Ellis said. "It's a
remarkable group of women. You truly feel like you've
made friends all over the world."


... for 17 years she

advised all senior vice

presidents in the air

operations division.

Members must have at least five years in executive
management. Beyond that, they represent all facets of
aviation: insurance, plane manufacturing, engineering,
maintenance, finance, law, airport management and
government.
"We want people who can participate on a level to
provide benefits to the whole organization," Ellis said.
She earned her stripes at FedEx, where for 17 years
she advised all senior vice presidents in the air operations
division. "It was an incredible, incredible opportunity,"
she said. "I'm purple and orange all the way through."
She's now advising former FedEx colleague
Penelope Turnbow in the formation of Victory Airlines,
the startup Turnbow hopes to launch in 2007, perhaps
in Memphis.
"Thanks to FedEx and its 20-plus-year culture of
advancing qualified women in the aviation industry, Julie
is one of many capable women in Memphis working to
return the airline industry to profitability," Turnbow said.
"As president of IAWA, she and Memphis have an
international stage to influence the industry's future."

Copyright, The Commercial Appeal, Memphis, Tenn.
Used with permission.


SUMMER 2006





















We Want
Your
Involvement

There are many ways
for Gator Nation
lawyers to reach
back to the law
school and get
involved. You can:
* Become a mentor
* Teach as an
adjunct faculty
member
* Host a reception
for students
* Give a tax
deferred gift
* Speakto student
groups
* And much more

To learn more, e-mail
fleming@law.ufl.edu
or call (352) 273-0650.


Orlando A. Prescott, Miami-Dade county judge, is
now serving as judge in Miami-Dade Circuit Court.
He has been a county court judge for the domestic
violence division since 2000.


1985
Donald C. Dowling Jr., international labor & employ-
ment counsel at Proskauer Rose in New York City, has
been teaching international employment law as an
adjunct professor in an LL.M. program at Chicago's
John Marshall Law School. He also presented an
address at an NYU program in Florence, Italy, on
Sarbanes-Oxley whistleblower hotlines abroad.
ddowling@ proskauer.com

Brenna M. Durden, a shareholder in the Jacksonville
office of Lewis, Longman & Walker, has been
awarded an AV peer review rating by LexisNexis
Martindale-Hubbell.


1986
Caroline A. Falvey has been named as judge for the
Fifth Judicial Circuit and will handle family law cases
in Citrus County.

Morris C. Massey, former senior chief assistant city
attorney for the City of Tampa, has joined the Tampa law
firm of Hill, Ward & Henderson to practice with the
firm's real estate and development and land use groups.


Jean Roush-Burnett has joined the law firm of
Lowndes, Drosdick, Doster, Kantor & Reed as an
of-counsel attorney after serving the city of Orlando
for almost 20 years.


Next Mission

Redeveloping San Diego's Downtown


N ewsweek listed
her as one of the
top mayors in the
country.
Governing Magazine
honored her as one of the
10 national "Public Officials
of the Year."
Now former West Palm
Beach mayor Nancy Malley
Graham (JD 81) is taking on
the redevelopment of down-
town San Diego as president
and chief operating of Centre
City Development Corp.
Graham is credited with
reversing West Palm Beach's
situation during her two
terms as mayor, and San
Diego citizens now hope
Graham will have the same


effect on its $600 million
revitalization effort.
West Palm Beach's finan-
cial turmoil huge deficit,
pension underfunding, budg-
et reserve money spent with-
out formal approval was
no match for Graham, who
succeeded in bringing a
healthy nightlife to the down-
town area where a drug-
laden haven once flourished.
While the cities vary in
size, Graham said she has
found their issues to be very
similar and hopes to apply
some of the same innovative
programs that gave way to
renaissance in West Palm
Beach. Though Graham had
misgivings about relocating,


she took one look at the
current state of downtown
San Diego and jumped at
the challenge.
"Both areas don't have
much land left for new devel-
opment, but there are good
opportunities to recycle some
of this land," she explained.
Graham lived in San
Diego as a child, returning
briefly after high school to
work as a legal secretary
downtown. Experienced as a
real estate lawyer and devel-
oper, she previously served
as a partner in N-K Ventures,
a West Palm Beach urban
redevelopment firm, with
husband Kevin Lawler.
-Lindsay J. Dykstra


UF LAW











CLASS NOTES


Tsunami Changes

Grad Loses and Finds Herself in India


BY RADHA THAKKAR (JD 05)

I n my last semester of law school my
sights were set on the big prize a
large firm. However, the tsunami that
ravaged Southeast Asia in December
2004 changed my perspective on my role
in the world. In just a few moments, I
decided that after graduation and the
Bar exam I would travel to India.
Overall, it has been the best and most
rewarding decision I have made in my
short career.
While searching for opportunities
where I could use my skills to make a
contribution, I discovered The Learning
Foundation India, an organization dedicat-
ed to introducing computing and English
language skills to uneducated youth in
India. The foundation put me in touch with is
a rural matriculation school in South India -t is
eager to have a future attorney and English
Literature major help improve the education- alone
al curriculum. beyo]
The flexibility of the project and the b
opportunity to live in the region of India
most devastated by the tsunami made this the ideal
chance for me to make a difference in the lives of
youth, experience daily life in my native country and
apply the discipline and commitment I came to under-
stand as a graduate student at the University of Florida.
The school is located in Konganapuram, a rural
farm village near Madras. About 90 percent of the
population works in agriculture, and most children
have neither the resources nor the ambition to attend
school.
Surrounded on all sides by wheat fields, the
school houses 40 brand new Compaq computers from
donors who grew up in this village and went on to
become lifelong contributors.
Upon my arrival, I visited classrooms, spoke with
teachers and was forced to make an honest initial
assessment of my own capabilities how could I
best serve, teach and contribute in this environment?
I created projects that allowed me to improve spoken
English, computer proficiency and increase the overall
morale of the school family.
Despite regular visits to India, this particular trip
required much personal adjustment. Students and
teachers looked at me with expectation and hope.
Although I was exponentially younger than those I
worked with, they all believed I had the answers to
their problems. I had not anticipated the amount of
responsibility that would be placed on my shoulders
within a short time.
For four months I lived in a female hostel with nine
students and three teachers, eating my meals in the
mess hall and interacting with students and teachers
16 hours a day.


important we remember our degree Thakkar, third
from left, with a


has the power to influence people

nd any imaginable expectation."

I used my background to inspire female students
to pursue their goals and stand strong in the face of
adversity. I helped restructure the curriculum, conduct-
ed spoken English workshops for the teachers (which
continue today), and served as the coordinator for a
program called the Global Education Initiative
(www.geiproject.org). In addition, the school won top
honors for their GEl PowerPoint presentation highlight-
ing the importance of ecosystem preservation and
water purification in rural India, beating out 20 other
international schools.
As Mahatma Gandhi once said, "The best way
to find yourself is to lose yourself in the service of
others." Similarly, this journey has taught me the
importance of using my skills and experiences to
contribute something to our greater community.
My law school experience gave me the confidence
to make the decision and better understand the
strengths I have to offer. It is important that we, as attor-
neys, remember our degree alone has the power to
influence people beyond any imaginable expectation.
Attorneys garner instantaneous respect from strangers
worldwide and we have a duty to transform that admira-
tion into an opportunity to serve society.
Not only did this emotional, spiritual and profes-
sional journey help put my career and personal goals
in perspective, I also made a huge impact with my
work.
What an unforgettable way to both lose and find
myself at the very same time.
Thakkar, now with Williams Parker in Sarasota,
continues her relationship with the school and plans
to return this fall.


SUMMER 2006


few of her pupils


2











1987
Brian Butler is now a partner at Morris, Manning &
Martin.

David L. Templer, of Templer & Hirsch, was elected to
the city council for the city of North Miami Beach.

1988
Julia Johnson serves as the chairperson of the Video
Access Alliance, a not-for-profit organization that serves
as an advocacy and advisory group for independent,
emerging and minority networks, video programmers
and other industry participants.

Jonathan E. Perlman, of Genovese Joblove & Battista,
has been appointed director of the Biscayne Bank in
Miami.

Katherine Clark Silverglate was selected by Great
Output magazine for the digital "Walk of Fame;" was
appointed last year to the faculty of the Professional
Digital Imaging Association; has the record for the
longest standing art exhibit in the history of the Florida
Supreme Court; and has been appointed by the Florida
Supreme Court to the Arts in the Courts Commission.


1989
David J. Utter, director of the Juvenile Justice Project
of Louisiana, was recognized by the Leadership for a
Changing World for his efforts to improve conditions for
young offenders. The program is sponsored by the Ford
Foundation in partnership with the Advocacy Institute in


Ziegler 90


Washington, D.C. and the Robert F Wagner Graduate
School of Public Service at New York University.


1990
Felecia G. Ziegler has joined Harris, Harris, Bauerle &
Sharma as a partner.


1991
Julio C. Jaramillo has been appointed to serve on
The Florida Bar Foundation's board of directors. In
past years, he has served as vice president of the
Colombian-American Service Association, as well as
worked pro bono for the Dade County Bar Association's
"Put Something Back" program.


Blue Key Leader

Devotes Career to Public Service
Sn 1975 Gerald "Jerry" executive and legislative
Curington (JD 76) leadership has given me the
honed his leadership opportunity to work in areas
skills as Florida Blue affecting public policy in
Key's president, an achieve- ground breaking constitu-
ment that has served him tional areas such as school
well in the years that fol- vouchers, parental rights
lowed, and abortion, legislative
Curington, who was redistricting, legalized gam-
inadvertently omitted from bling and privatization of
a recent magazine listing of public services," he said.
Florida Blue Key presidents, After working with
has spent the bulk of his Smathers t Thompson law
career in public service firm, Curington became
in Tallahassee working counsel to Florida Secretary
with the state's cabinet of State Bruce Smathers in
members. 1977 and later chief trial
"Working with Florida's counsel for Attorney General


Jim Smith. He then became
a member of Roberts,
Baggett, LaFace t Richard,
but later returned to public
service to serve as litigation
counsel to Speaker Peter
Rudy Wallace.
He currently serves
Attorney General Charlie
Crist as assistant deputy
attorney general, where
he supervises more than
200 attorneys in the civil
division, and is on the
Executive Council of the
General Practice, Solo and
Small Firm Section of The
Florida Bar.


UF LAW


Curington with son
Chris and niece Cara
Curington on vacation












CLASS NOTES


Human Rights Pioneer

D'Alemberte Receives Top Bar Honor


D'Alemberte (LLB 62) felt it was time to stop
talking about spreading freedom and actually
do something to make it happen.
In 1989, D'Alemberte, then serving as president-
elect of the American Bar Association, convinced the
organization to establish the Central and East
European Law Initiative (CEELI), a volunteer program
charged with assisting emerging democracies in
creating legal frameworks that would guarantee the
rights of individuals.
For those efforts, D'Alemberte, president emeritus
of Florida State University and a professor in the FSU
College of Law, has received the International Bar
Association's prestigious Rule of Law Award for his
"significant and lasting contribution to upholding the
rule of law worldwide."
Over the years, CEELI (www.abanet.org/ceeli/)
has succeeded beyond its founders' wildest dreams.
The organization, now known as the Central
European and Eurasian Law Initiative, has helped
dozens of nations establish viable legal systems to
enforce the rule of law, as well as develop independ-
ent judiciaries and legal professions. The CEELI
model also has been adapted to help fledgling


democracies throughout Africa, Latin
America and Asia.
CEELI now has offices in 24 countries
across Central Europe, Eurasia and the
Mideast. Since its founding in 1990, more than
5,000 American judges, attorneys, law profes-
sors and legal specialists have contributed
more than $200 million in pro bono assistance.
"CEELI has developed into the most
extensive pro bono technical legal assistance D'Alemberte
program in U.S. history," said Mark Ellis,
executive director of the International Bar
Association, who also served as CEELI's first director.
"Sandy D'Alemberte is a maverick leader of immeas-
urable talent whose vision has changed the legal
landscape throughout Central and Eastern Europe
and the former Soviet Union."
D'Alemberte has been a campaigner for legal
reform for decades, helping to institute merit selec-
tion for judicial vacancies in the Florida court system
in the 1960s and '70s. While serving as president
of FSU, he also helped create the Center for the
Advancement of Human Rights, which works to
promote the cause of human rights throughout
the world.


Flying High

New Role Follows Distinguished

Federal Service Career


Aviation Administration, Sharon L.
Pinkerton (JD 90) is moving into another
high-flying position, this time as vice
president of government affairs at the Air Transport
Association (ATA).
Pinkerton reports directly to ATA President and
CEO James C. May and oversees the many avia-
tion-related issues before federal, state and local
governments. ATA airline members transport more
than 90 percent of all U.S. airline passenger and
cargo traffic.
In her prior post, Pinkerton was the assistant
administrator for aviation policy, planning and
environment at the FAA, where she provided policy
guidance and expertise to both FAA Administrator
Marion Blakey and Department of Transportation
Secretary Norman Mineta. She managed the strate-
gic performance and planning process, served on
the U.S. delegation to the 35th General Assembly


of the International Civil Aviation
Organization, and successfully navigated
passage of the $14 billion FAA reauthoriza-
tion bill in 2003.
"Airlines are starting to turn the corner Pinkerton
after years of extraordinary challenges and
painful sacrifices," May said. "Sharon will play
a critical role in supporting the ATA mission of
creating a positive environment for the nation's air
carriers, and she will be an enormous addition to
the ATA senior management team."
Before her appointment to the FAA, Pinkerton
served as transportation counsel to House Aviation
Subcommittee Chairman John L. Mica (R-Fla.).
She served on Capitol Hill for nearly 10 years and
was instrumental in drafting and negotiating the
Aviation and Transportation Security Act and Air
System Stabilization bill. She began her profession-
al career as a CPA with Price Waterhouse and later
earned a law degree from UF


SUMMER 2006










Joseph N. Tucker has been named partner at Dinsmore
& Shohl in Cincinnati.

1992
Christopher Shakib has joined consumer injury law
firm Terrell Hogan in Jacksonville.

Andrew M. Tiktin heads the group of attorneys in
the Internal Revenue Service's Large and Mid-Size
Business Division for South and Central Florida. He
also teaches federal tax procedure in the University
of Miami's LL.M. Program in Taxation.

1993
David E. Cannella, a shareholder at Carlton Fields,
was recognized as one of Orlando Business Journal's
Best of the Bar 2005.

Rebecca L. Henderson, a land use attorney with
Greenspoon Marder, has been included in the Florida
Real Estate Journal's "Top Women in Florida
Commercial Real Estate" for 2005.

Peter A.D. McGlashan was sworn in as a Volusia
County court judge.

Gov. Jeb Bush appointed Kathleen Hill Roberts of
Stuart as a Martin County Court judge.

Kathy L. Yeatter has joined the firm of Eckert
Seamans Cherin & Mellott in Philadelphia and
Harrisburg, Pa.


1994
Kenneth J. McKenna, of Dellecker, Wilson, King,
McKenna & Ruffier, served as a faculty co-presenter
for the National Business Institute's seminar on
"Dealing with Destruction: Spoilation of Evidence in
Florida."

David J. Winker was honored as a "Top Lawyer"
in the 2006 South Florida Legal Guide. He is an AV
rated attorney and a partner at Zumpano Patricios &
Winker. dwinker@zpwlaw.com

1995
Harlan S. Louis (LLMT), a certified specialist in
estate planning, trust and probate law, has been
elected as a member of Bailey Cavalieri in Columbus,
Ohio.

Jeffrey M. Taylor has joined the Blank Rome in
Philadelphia, Pa., as an associate in the public compa-
nies and capital formation practice group of the busi-
ness department.

1996
Juan Carlos Ferrucho has joined Alvarez & Marsal
Tax Advisory Services in Miami as a senior director
in the international tax services department.

Jonathan S. Gowdy has been elected to the partner-
ship of Morrison & Foerster.


LOUIS %D


One and All

Firm Wins Top Tampa Business Award


An "all Gator" law firm
that specializes in adop-
tion and surrogacy
services has won top
business honors in Tampa.
The Greater Tampa Chamber of
Commerce named Jeanne T Tate
Law Firm the 2005 Small Business
of the Year in the five-to-20 employ-
ees category. Jeanne T Tate (JD 81)
and her three colleagues Martha
Curtis (JD 78), Steven Hurwitz (JD
83) and Danelle Dykes Barksdale
(JD 92) are all UF law graduates.
The firm was recognized after
an extensive selection process for


its commitment to ethical business
practices, community involvement
and corporate citizenship.
Tate has been an attorney
for 25 years in the Hillsborough
community. Her firm also created
an adoption agency, Heart of
Adoptions Inc. that is located in
Tampa, Naples and Orlando,
where another grad, Nicole Ward
(JD 04), heads the office.
"We became an all Gator firm
by design," Tate said. "I bleed
orange and blue."


Ashley S. Pinder
Jeanne T Tate Law Firm


UF LAW












CLASS NOTES


Legal Thriller

Grad Uses UF Memories in Books


BY LINDSAY J. DYKSTRA

Author James Grippando (JD 82) always knew
he'd go back.
Revisiting the crystal waters of Ginnie
Springs a favorite haunt when he was
a UF student Grippando uses the springs' labyrinth
of limestone caves as a backdrop
in his latest legal thriller, Got The Look. That setting,
he says, provides fodder for the best action scenes
he's ever written.
"All Florida alums should read it they will have a
great time with it," Grippando said.
The fifth in a series starring the main character and
defense attorney, Jack Swyteck, this book is generating
a buzz, much like his other books, that extends well
beyond Gainesville. His novels are available worldwide
and are printed in more than 20 languages.
Mega-selling author James Patterson says,
"Grippando is up there with the new class of
bestselling legal novelists." A USA Today review
describes his style as "nail-biting."
He is breaking ground with younger audiences as
well. His first children's book, Leapholes, being released
in September, is the first novel for young readers ever
to be published by the American Bar Association.
Grippando strives to teach kids that law books are more
than stories: they involve real people who often affect
the course of history.
In "Harry Potter meets John Grisham" fashion, a
magical old lawyer enters law books and travels
through time to meet the participants in some of the
nation's most famous cases, including Rosa Parks and
Dred Scott. An epilogue details what inspired some of
the greatest legal minds in America, including the likes
of Microsoft slayer David Boies, premier trial attorney
Roy Black and former U.S. Attorney General Dick
Thornburg.
Grippando's own road to success required a leap
of faith that wrenched him from a traditional career
path and his position as partner of what is now Squires,
Sanders t Dempsey in Miami.
The lawyer/writer published his first novel while
still with the firm, writing whenever he had a moment
to spare. But during a time when the profession had
little understanding of flextime and casual Fridays,
Grippando's absence from the office automatically
spawned the assumption that he was "off doing the
book thing again."
Grippando's writing, however, was hardly a means
to escape his law office and the courtroom.
"I wasn't one of those lawyers who hated my job,"
he said. "I wanted to make both work."
Opting for excellence in one, rather than mediocrity
in both, Grippando left job security in 1996 to pursue
what he'd dreamed of doing since age 9. Even with a
signed contract to write two more books, people
thought he was crazy. At the time, the first of three
children was on the way.


Now with 10 novels published
and more in the works, the lawyer-
turned-author's leap doesn't seem so
crazy after all.
"I want to continue doing this until
I can't type anymore," Grippando said.
After 10 years away from practic-
ing, he recently returned part-time
at Boies, Schiller 8 Flexner to stay
connected with the field and keep
his legal thrillers fresh.
It is his writing career, however,
that has afforded an unparalleled
sense of freedom. Grippando's back-
yard patio furniture, hammock and
hot tub double as his Coral Gables
office. Research takes him away from Grippando
home, bringing him face to face with
everyone from undercover agents to families who have
experienced the nightmare of Colombian kidnapping.

"I wasn't one of those

lawyers who hated my job. I

wanted to make both work."

Wherever research and book tours might take him,
Grippando, a "Double Gator" who ranked second in his
undergraduate class, says he will never find a greater
school than UF Like many graduates, he hopes his own
children will become part of the Gator Nation one day.
"I loved being a Gator and I loved living in
Gainesville," he said. "At UF everything went right
for me coming in and coming out."
While in law school, Grippando served as the director
of Homecoming and executive editor of the Florida Law
Review, going on to secure a coveted federal clerkship.
Grippando's active sense of community spirit con-
tinues, revolving around his children these days. At
St. Thomas Episcopal Parish School, he doubles as a
soccer and basketball coach and school board member.
When approached by charities to appear at events,
Grippando and his wife, Tiffany, bring their own sense
of creativity in giving back to Coral Gables.
Charity auction winners have enjoyed everything
from a "Literary Feast for Literary Dummies" a trivia
game incorporated into a multi-course meal in the
comfort of the Grippando family home to a cameo
appearance in a novel. With bids reaching well into the
thousands, one bidder's character actually became
good friends with leading man Jack Swyteck.
"I do warn people who rub me the wrong way, lest
they end up a victim of a serial killer," he joked.
The author's generosity doesn't stop at charitable
events. He hopes to fund a scholarship much like the
one he received from the Bailey scholarship program
when he was in school so the recipients can make
the most of UF, just as he once did and still does today.


SUMMER 2006











James F. Johnston, of GrayRobinson, has received
an AV rating, the highest available from Martindale-
Hubbell.

Steven Lessne has been named partner at Blank
Rome's Boca Raton office in the commercial litiga-
tion practice group.

John Walker was included in the "Up and Coming"
Florida Trend listing of lawyers.

1998
Josias N. Dewey, of the real estate section of Holland
& Knight, was elected to the partnership for 2006.

Phillip A. Duvalsaint has joined the litigation prac-
tice group of Buckingham, Doolittle & Burroughs as
an associate in Boca Raton.

Marco Ferri, a member of the business section of
Holland & Knight, was elected to the partnership for
2006.

Kristy M. Johnson has been promoted to partner at
Carlton Fields. She practices in health care, labor and
employment, business litigation and trade regulation
practice groups in Miami.

Lori R. Keeton has become a partner at Parker Poe
Adams & Bernstein. She is a member of the torts,
trial and insurance practice group in Charlotte, N.C.

Jay M. Sakalo has been made a partner with the law
firm Bilzin Sumberg Baena Price & Axelrod. He also


was included in the "Up and Coming" Florida Trend
listing of lawyers.

David M. Seifer has been promoted to shareholder at
Stearns Weaver Miller Weissler Alhadeff & Sitterson
in Miami. He also was named in the 2005-06 edition
of Who's Who in American Law and the "Up and
Coming" Florida Trend listing of lawyers.

1999
Jeffrey T. Donner has joined the Office of the City
Attorney, city of Miami Beach, as senior assistant city
attorney. He handles litigation, environmental and
land use, legislative and constitutional issues,
and code compliance matters.

Brian P. Trauman, a domestic and international tax
controversy associate with the New York office of
Mayer, Brown, Rowe & Maw, has been appointed
co-chair of the ABA Tax Section's Hurricane Katrina
Task Force.

Ormend G. Yeilding has been named partner of
Lowndes, Drosdick, Doster, Kantor & Reed.

2000
Brandon Biederman authored an article in the
American Bar Association's Young Lawyer Newsletter
titled "Practicing and Governing: A Young Lawyer
Balances Ethics."

Jill Harmon has been elevated to a senior associate at
Lowndes, Drosdick, Doster, Kantor & Reed. She


Love Letters

Gator Alumnus Develops 'The Family Love Letter'


what John "Jeff" Scroggin
(JD 76, LL.M. 79) thinks
about tax, business and
estate planning.
Scroggin, a nationally recog-
nized speaker, has been quoted in
more than 50 top publications such
as Forbes Magazine, Fortune
Magazine, Money Magazine and The
New York Times. He has published
three books and more than 200 arti-
cles in publications such as Taxes,
Estate Planning, Trusts and Estates,
Journal of Practical Estate Planning,
Practical Tax Strategies, the Georgia
Bar Journal, Practical Tax Lawyer
and the Real Property, Probate and
Trust Journal


One recent article in The Wall
Street Journal, for instance, dis-
cussed a concept Scroggin devel-
oped entitled "The Family Love
Letter." This estate planning concept
came about in response to cases he
handled at his law firm, and his per-
sonal struggle with the burial of his
veteran father in Arlington National
Cemetery when his military dis-
charge papers were misplaced. He
eventually found the papers being
used as a bookmark.
Scroggin advocates that people
plan ahead for the loss of a loved one
by retaining computer passwords
and financial records.
"There is a lot of necessary
information that doesn't appear in


any other estate planning docu-
ments," said Scroggin, a partner at
Scroggin 8 Company in Roswell,
Ga. "I don't know how many times
the children of a deceased client
have had a key to a safety deposit
box for an unknown bank."
Scroggin is the creator of
"Restraint Continuum" and
"Perpetual Estate Plan," and is the
co-creator of the estate planning
concept, "Family Incentive Trust."
He is currently completing two
books: The Changing Nature of
Estate Planning (Commerce
Clearing House) and Basic Business
Planning (Blumberg Press).
-Ashley S. Pinder


UF LAW


Duvalsaint 98


Seifer 98


scroggin










CLASS NOTES


2003


Mayor of

Spokane

Dennis P Hession (LLMT 80)
now serves as the chief
executive officer of
Spokane, Wash., a city with
2,000 employees and an
annual budget of $450 mil-
lion. The Spokane City
Council unanimously
appointed him mayor in
January to serve in the
place of the recalled mayor
until the next municipal
election in November 2007.
A political independent,
Hession plans to improve the quality of the
Spokane River, create a plan for urban growth
and improve the tax base in Spokane. Hession
previously was an active member of the Spokane
City Council for four years and was elected presi-
dent of the City Council in 2004. Following a two-
year period specializing in municipal securities
law, he was an attorney at Richter-Wimberley
from 1982 to 2005, where he specialized in taxa-
tion, business law, estate planning and commer-
cial litigation.


primarily practices in public finance, real estate transac-
tions, development and finance and general litigation.


2001
Nonna K. Crane has joined the international law
firm of Chadbourne & Parke in St. Petersburg,
Russia.

Peter C. Sales has joined Boult, Cummings, Conners
& Berry in Nashville, Tenn. specializing in trial liti-
gation.

Douglas I. Wall has joined GrayRobinson's Orlando
office, specializing in construction law and litigation.


2002
Sara J. Burton has joined the Orlando office of
Rumberger, Kirk & Caldwell as an associate practic-
ing commercial litigation involving breach of con-
tract, fraud, federal and state RICO claims, and con-
sumer practices claims under Florida's "Little FTC"
Act.

Desiree S. Demonbreun has joined the nation's
largest labor and employment law firm, Ford &
Harrison, as an associate.


Hunter Biederman has left the Collin County
District Attorney's Office to open his own law firm in
Frisco, Texas. The Law Office of Hunter Biederman
concentrates on criminal and family law.

Alexander F Harper has joined Thompson Law
Office in Monterey, Calif., as a general litigation
associate. Aharper@justice-4-you.com

Nicole C. Kibert has been included in Tampa Bay
Business Journal's "30 Under 30 Class of 2005."
She is a member of Carlton Fields real estate and
mortgage financing practice group.

Anne Raduns-Owens is publishing a coloring
book for child victims of domestic violence. The
book was originally a project for Nancy Dowd's
"Gender and the Law" class at UF

Adam B. Snyder has joined Poyner & Spruill in
Raleigh, N.C., where he practices in the areas of
corporate law and taxation.

Anthony F. Sos, of Dellecker, Wilson, King,
McKenna & Ruffier, served as a faculty presenter for
a seminar on "Nursing Home Negligence in Florida."


2005
Kimberly A. Davis has joined the Roetzel & Andress
litigation group in Fort Myers, with an emphasis on
business and commercial litigation.

James O'Hare has joined the law firm of Snell &
Wilmer, where he will practice intellectual property
and technology.

Brian S. Shelton has joined the tax team at Boult,
Cummings, Conners & Berry in Nashville, Tenn.


SUMMER 2006


Sales 01


turron uz


Kibert 04


Shelton 05


V-ll v I















UF LAW
www.law.ufl.edu


BRAGGING RIGHTS

* No. 2 in Taxation (No. 1 among American Association of
University public schools)
* No. 6 law school in the nation for Hispanics, according to
Hispanic Business Review (fourth time in last five years)
* No. 13 in Trial Advocacy in 2005 (No. 3 in AAU public
schools)
* No. 12 in Environmental Law (No. 5 in AAU public
schools)
* Top 3 in Family & Children's Law in 2005 (No. 1 in
AAU public schools)
* No. 41 overall in U.S. News and World Report (No. 18 in
AAU public schools)

JUST THE FACTS

* 40 percent of UF law alums are "double Gators"
(have at least two degrees from UF), yet this group
provides 73 percent of support to the law school

* The heaviest distribution of law alums in Florida are
in: Orange County, 1,807 alumni; Duval, 1,395;
Hillsborough, 1,248; Miami-Dade County, 1240; Palm
Beach, 973, Broward, 965; Alachua, 858; Leon, 599;
Pinellas, 498; and Manatee, 410.
* There are 1,893 alumni in the Southeast (excluding
Florida): 974 in the West and Northwest; 512 in the
Northeast; and 421 in the Midwest region. About 250
alumni have military, foreign or unknown addresses.

* 138 private law firms were among the 153 employers
who interviewed 391 students or 40 percent of
eligible JD students last fall in the new library
study rooms. Three offices recruited for the
Washington, D.C. area and 15 for Atlanta.

* Employers recruiting said: "We continue to be amazed
at the high caliber students at UF law." "The new
interview facilities are first-class. A tremendous
improvement and much needed."

* The rate for graduates who wish to work and who are
working or pursuing a graduate degree is 97.1 percent.
* 87.5 percent of the 377 graduates were employed
six to nine months post-graduation (last year was
88.9 percent).
* 5.3 percent were pursing graduate degrees
* 4.5 percent were not seeking employment
* 2.6 percent were unemployed and/or studying for the Bar
* Law grads from the 2005 class gained employment in
12 states; 85 percent remained in Florida


Director of Communications
Debra Amirin, APR

Editor
Associate Director of Communications
Kathy Fleming, APR, CPRC
fleming@law.ufl.edu, (352) 273-0650

Photo Editor
Kristen Hines

Design
JS Design Studio

Printing
StorterChilds Printing Co.

Correspondence and Address Changes
fleming@law.ufl.edu
University of Florida Levin College of Law
RO. Box 117633
Gainesville, FL 32611-7633

Telephone Numbers
http://www.law.ufl.edu/about/contact.shtml


www.law.ufl.edu

UF LAW CENTER ASSOCIATION INC. 2005-2006
W.C. Gentry (JD 71) Chairman
Michael McNerney (JD 73) Immediate Past Chair
Dennis A. Calfee (JD 75) Treasurer
E.L. Roy Hunt Secretary
Active Members
Charles W. Abbott (JD 53), Charles Wayne Alford (JD 67), C. DuBose Ausley
(JD 62), Jean A. Bice (JD 75), Bruce H. Bokor (JD 72), Bill Bone (JD 84),
Jeanelle G. Bronson (JD 78), Leslie W. Burke (JD 68), J. Thomas Cardwell (JD
66), Joseph R Carolan, III (JD 74), Lawton M. Chiles, III, Charles E.
Commander (JD 65), John H. Dyer, Jr. (JD 87), Ladd H. Fassett (JD 79),
Andrew Fawbush (JD 74), Michael L. Ferguson (JD 89), W C. Gentry (JD 71),
Linda R. Getzen (JD 82), Gene K. Glasser (JD 72), Robert Glennon (JD 74), K.
Lawrence Gragg (JD 74), Scott G. Hawkins (JD 83), Michael Heekin (JD 78),
Jeffrey A. Hirsch (JD 75), Hal H. Kantor (JD 72), Ronald C. LaFace (JD 66),
Frederick Wayne Leonhardt (JD 74), Christine N. Markussen (JD 72), Pedro
A. Martin (JD 78), Clifton A. McClelland, Jr. (JD 69), Michael J. McNerney (JD
73), Donald Middlebrooks (JD 72), Michael D. Minton (JD 81), James Moody,
Jr. (JD 72), Lindy Paull (JD 80), S. Austin Peele (JD 63), F Wallace Pope, Jr.
(JD 69), Becky A. Powhatan (JD 76), Mark Proctor (JD 75), Juliet M. Roulhac
(JD 87), Oscar Sanchez (JD 82), Everett J. Santos (JD 66), Johnson S. Savary
(JD 56), Lawrence E. Sellers, Jr. (JD 79), Linda L. Shelley (JD 77), W. Crit
Smith (JD 78), Glenn W. Sturm (JD 85), Frank D. Upchurch III (JD 74), John
J. Upchurch, IV (JD 68), William A. Weber (JD 76), Jean Eddy Wilson (JD
82), Evan J. Yegelwel (JD 80), Gwynne A. Young (JD 74)
Ex-Officio
J. Bernard Machen, Robert Jerry, George Dawson,
Paul A. Robell, Tim Cerio (JD 95), Donald Hale, Kelley Frohlich

LAW ALUMNI COUNCIL EXECUTIVE COMMITTEE
Timothy M. Cerio (JD 95) President
Mark W Klingensmith (JD 85) President-Elect
George A. Vaka (JD 83) Immediate Past President
Rahul Patel (JD 97) Secretary
At Large Members
Christopher Boyett (JD 91), C. Randolph Coleman (JD 78), Barry R.
Davidson (JD 67), Mayanne Downs (JD 87), Jeffrey D. Feldman (JD 81),
Roberta F Fox (JD 67), Adam S. Hall (JD 96), Joseph C. Mellichamp III
(JD 70), Matthew N. Posgay (JD 94), Gary L. Printy (JD 82), Sarah
Elizabeth Rumpf (JD 03), Misty M. C. Taylor (JD 95), Bonita J. Young (JD 97)
Ex-Officio
W.C. Gentry (JD 71), Robert H. Jerry II,
Andrea Shirey, Rachel Tench


Who Are You?


Where are You?












Who Is Hiring?







What Are They
Saying?




Employment
Rates











FINAL THOUGHTS


Getting in on a Positive Return


ne of the worst ways a Saturday
morning can be sabotaged
before I finish my second cup of
coffee is reading in the newspa-
per's business section that the
stock opportunity I passed on is
now worth multiple times more than it was when I
considered purchasing it.
Google is a good example. As recently as August
2004 you could purchase a share of Google stock for
$100. Less than two years later, the stock has soared
past $400 a share and is generally
holding strong. ... their
It makes me think of that com- be tangi
mon expression at the gym: "No
pain, no gain." In this case there is but for t
no gain and a lot of pain from the
disheartening feeling that others
saw what you did not.
In some ways, the stock market
is a viable analogy to the college
and our alumni. For many of you,
there were tough financial times
when you were in law school.
Some of you received scholarships
from alumni who remembered
their own lean years and funded
endowment gifts to make your
incline a little less steep. They
foresaw that their return on invest-
ment would be tangible not only
for themselves, but for those who benefited directly.
As one of the individuals privileged to serve
the law school as a fundraiser, rarely a day goes by
that I don't walk down the hallway or attend a col-
lege event without a faculty member, administra-
tor or student approaching me about an essential
funding need.
In the last few months I have been invited to dis-
cussions about securing funding for an eminent schol-
ar chair, an international trade conference between
Mexico and the United States, several student initia-
tives, and sponsorship for a student to participate in a
conference in Peru. This is just a sampling of the
vibrant and energizing ideas being advanced to help


the college grow stronger. The only thing that weakens
those ideas is the reality that few funds exist to make
growth possible.
It's really a matter of understanding the confin-
ing factors. The state of Florida is the lead sponsor
of the law school and we are vigilant in serving as
good stewards of the funds we receive each year
from the Florida Legislature. The tuition from our
students is another primary source of revenue
without which the college cannot exist. Both
income sources are limited.

r return on investment would

ble not only for themselves,

hose who benefited directly."


e1


Donald Hale
Senior Director,
Development and
Alumni Affairs
(352) 273-0640
haled@law.ufl.edu


However, there is no limit to how much or how
many alumni and friends may contribute to our
endowment and annual fund. Private support
becomes the link between what might have been and
what will be. In essence, they are investments in the
human capital of the law school faculty, students
and staff and, eventually, the legal system, our
communities and the standing of our law school.
A gift to the college's endowment or annual fund
today will transcend any chart that measures a sense
of satisfaction and pride in your alma mater. It's the
one sure way like recognizing a hot stock to
be sure you get in on a great opportunity and receive
a worthwhile return on your investment.


















'itll


N


UNIVERSITY OF
FLORIDA
FREDRIC G. LEVIN COLLEGE OF LAW
PO. BOX 117633
GAINESVILLE, FL 32611-7633


NON-PROFIT
ORGANIZATION
U.S. POSTAGE PAID
GAINESVILLE, FL
PERMIT NO. 94




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs