• TABLE OF CONTENTS
HIDE
 Front Cover
 Letters to the editor
 Table of Contents
 Dean's message
 News briefs
 Conferences
 Career services
 The President's czar
 Don't take away my PDA
 Family values
 Partners
 100 year celebration
 Alumni features
 Alumni notes
 Faculty
 Up and coming
 Back Cover














Group Title: UF Law: University of Florida Fredric G. Levin College of Law
Title: UF Law: University of Florida Levin College of Law
ALL VOLUMES CITATION PDF VIEWER THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00072634/00014
 Material Information
Title: UF Law: University of Florida Levin College of Law
Physical Description: Serial
Creator: Levin College of Law
Publisher: Levin College of Law Communications Office
Publication Date: Spring 2009
 Record Information
Bibliographic ID: UF00072634
Volume ID: VID00014
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: 53380492 - OCLC
002972228 - AlephBibNum

Downloads

This item has the following downloads:

magazine_09spring ( PDF )


Table of Contents
    Front Cover
        Page 1
    Letters to the editor
        Page 2
    Table of Contents
        Page 3
    Dean's message
        Page 4
        Page 5
    News briefs
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
    Conferences
        Page 11
        Page 12
        Page 13
    Career services
        Page 14
        Page 15
    The President's czar
        Page 16
        Page 17
    Don't take away my PDA
        Page 18
        Page 19
        Page 20
        Page 21
    Family values
        Page 22
        Page 23
        Page 24
        Page 25
    Partners
        Page 26
        Page 27
    100 year celebration
        Page 28
        Page 29
        Page i
        Page ii
        Page iii
        Page iv
    Alumni features
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
    Alumni notes
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
    Faculty
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
    Up and coming
        Page 63
    Back Cover
        Page 64
Full Text






UNIVERSITY OF FLORIDA FREDRIC G. LEVIN COLLEGE OF LAW SPRING 2009


A


CELEBRATING


100 YEARS
of UF Law 1909-2009


U I UNIVERSITY of
UF I FLORIDA












O LETTERS TO LINDY


Dear Ms. Brounley:
As University of Florida Law graduates
and chairman and co-chairman of the
moot court team from the Class of 1988,
we both read your fall 2008 edition of UF
LAW with great interest. The appearance
of Chief Justice Roberts is an incredible
accomplishment for our alma mater.
However, the caption under the chief
justice's photograph, which reads that his
participation "marks the first time in the UF
moot court's nearly 100-year history that a
justice of the United States Supreme Court"
had participated on the panel of a final four,
is in error.
We should know. When we were in
law school, we were in charge of creating
the intramural competition and final four
in the fall of 1987. To humor ourselves,
we decided to invite each member of the
United States Supreme Court to judge
the final four that we were planning. We
thought it would be great to get rejection
letters back from the justices as mementos
of the occasion.
One by one, each justice responded and,
not surprisingly, declined our invitation to join
us in Gainesville... their letters were posted
in the moot court office one by one for all to
see. Only one justice did not send a rejection
letter: Justice Byron "Whizzer" White.


One day, we returned to the moot court
office from class and saw a tiny post-it
note to "call the United States Supreme
Court" along with a scribbled phone
number. Trying to determine which of our
classmates had set us up with a practical
joke proved futile, so finally we called the
number just to see who was pulling the
prank. The voice on the other end answered
"Justice White." Still, we were wondering
who had gotten their grandfather to answer
this call to the DC area code.
A few minutes later, and a little
convincing from the justice himself, we
realized it was no joke. Justice White had
given us his direct line and agreed to come
to Gainesville and head our panel. He had
wanted to visit Disney World with his lovely
wife, Marion, and agreed to stop along the
way to judge the final four.
Dean Read was so excited that we had


"Justice White

had given us his

direct line and

agreed to come to

Gainesville and

head our panel."




"pulled this off" that he gave us free rein to
handle the entire trip and visit. As a result,
we spent two full days with Justice White
and his wife, from the airport pick-up to the
final goodbyes. The final four was moved
to the University Auditorium to handle the
huge crowd, and four nervous law students
argued the case of Kent Pack v. Sands
Hospital about a fictional hospital employee
whose privacy rights had been violated by
a work publication. We remember it well,
because we wrote the record on appeal,
and had the distinct pleasure of educating
Justice White about the intricacies of
the case before he went on stage. We
also remember a certain local hospital
threatening to file suit against the school
and us over their perceived similarities to
our fictional case.
The visit by Justice White was a special
moment in the history of the law school,


as was Chief Justice Roberts' recent visit.
Let us hope that another 20 years does not
pass before another Supreme Court justice
visits the hallowed halls of the UF law
school.
-R. Craig Cooley (JD 88)
Kendall A. Almerico (JM 85, JD 88)

EDITOR'S NOTE: Thank you for setting the
record straight in such an enjoyable and
informative way. Justice White's visit was,
indeed, an exceptional event for UF Law.
In the photograph at left, Justice White
(joined by five other judges) considered the
competition's hypothetical case in which
the privacy of an individual infected with
HIV/AIDS was violated in the workplace.
Privacy and HIV/AIDS was a hot topic in
1987 and many of the questions posed by
the hypothetical had yet to be decided in
real courts.

The Latin expression NOTA BENE!,
meaning "Mark well!," consists of an
imperative verb form and an adverb. You
cannot pluralize it by adding an "s" to
NOTA. Even if you could, what would it
mean?
-David Trachtenberg (JD 82)

EDITOR'S NOTE: Mea culpa!


Erratum: The Fall 2008 issue of


UF LAW incorrectly
printed the name
and class year of
Martha W. Barnett
(JD 73) in the annual
report section. We
are pleased to report
Ms. Barnett was most
gracious in accepting
our sincere apologies
for this error.

If YOU have
commentary, whether


exegetic or approbatory, we want to
know! Send your letter to the editor -
bearing in mind submissions will be edited
for style, grammar and length -
to Lindy Brounley, UF LAW Editor, UF
Law Communications, PO. Box 117633,
Gainesville, FL 32611-7633, or e-mail it
to Brounley@law.ufl.edu.

Lindy Brounley (JM 88)
UF LAW Editor


~-ff-~












UF LAW Vol. 45, Issue 2 Spring 2009


16 The President's Czar 18 Don't Take Away My PDA!


From Gator to leader of the
president's Green Team
BY DIANE CHUN



NEWS


4 DEAN'S MESSAGE
100 Years of UF Law

6 NEWS BRIEFS

11 CONFERENCES
Entertainment & Sports Law:
Making the cut
Nelson Symposium:
The squeeze on local governments
Music Law: From the suits to the stage
PIEC: Sustainable solutions to
Florida's environmental woes
Wolf Family Lecture: Social obligation.
The court's new concept for landowners


Open government laws struggle to keep
pace with changing technology
BY ADRIANNA C. RODRIGUEZ






Weyrauch Lecture: The complication of
familial class and classification
Dunwody Lecture: Dissecting Florida's
Bush-Gore "extravaganza"

14 CAREER SERVICES

26 PARTNERS
UF Law Centennial
and All-Classes Reunion

28 100 YEAR CELEBRATION

ALUMNI FEATURES
30 Stephen N. Zack (JD 71)


CONTENTS


22 Family Values
The story of seven springs, two law students,
and one family's quest to conserve its land
BY LINDY MCCOLLUM-BROUNLEY






32 Donald D. Slesnick II (JD 68)
34 James "Jay" G. Trezevant (JD 87, LLM 89)

37 ALUMNI NEWS
Class notes & alumni profiles

54 FACULTY
Nota bene
Media hits
Faculty profiles

63 UP AND COMING
UF Law student serves
to lighten taxpayers' load


Editor
Associate Director of
Communications
Lindy Brounley
Director of
Communications
Debra Amirin, APR
Communications
Coordinator
Katie Blasewitz


Web Editor
Matthew Gonzalez
Contributing Writers
Leslie Cowan
Scott Emerson
lan Fisher
Adrianna C. Rodriguez
Andre Salhab
Spenser Solis


Contributing
Photographers
Tristan Harper
Joshua Lukman
Chen Wang
Design
JS Design Studio
Printer
StorterChilds


Correspondence /
Address Changes
flalaw@law.ufl.edu
University of Florida
Levin College of Law
P O. Box 117633
Gainesville, FL
32611-7633
Telephone Numbers
www.law.ufl.edu/
about/contact.shtml


WEB-XTRAS
www.law.ufl.edu/uflaw

* Amendment 4
* Akhil Reed Amar
Bush-Gore Webcast
* Commencement Photo Album
* Distinguished Alumnus Induction
* Heritage of Leadership Society
Induction Ceremony


UF UNIVERSITY of
UFI FLORIDA















"The lx1IticilltiOil
and 1(-)N-altN- of
o0l. IlunIIli make
U."'s "It 1,011 III SO
111,11 N, Nvavs.




















1.'? 0Ws


SPRING 2009












FIVE QUESTIONS


Q: If you look back at what the University of
Florida College of Law has accomplished in the
past century, what do you think has been and is
its greatest strength?

i ii 11M or e hi ia d .11 i. I i r d i. i L
IL.' ', I.' Li-.' 11 L I' 1 i L Ii ,, I 1'-.i 1 'i 1i. .il 'I II 1

















law schools m the number of graduates serving
Ias fedeI d district and I.rcuit couH. I IIud i i ..1
! strong in. i .so may I lOf t .*e 33 UF alumni


, t L IL ill I. Lt ....i h.' L! ..h.'!i -lt.I'.' l t 'i.1 1 I

i i l ir lii i ii .1 I. I'll I I i i. i.' I .A11 I.I I I-1.ii

. '. I h.T h.' I .' l Ii .' ,. L '.l I I. ,! .l.,i 11 'l I i .'t iii ,L.'
I'llic L-cLa.Lic LII C5c JcaldLiL, IlILILLJi5 I.., I al
UF. More than a dozen have served as deans of
law schools. We rank in the top five among public
law schools in the number of graduates serving
as federal district and circuit court judges. The
participation and loyalty of our alumni make us
stronger in so many ways. Of the 333 UT alumni
who have received the UF Distinguished Alumnus
Award, 95 are alumni of the law school. This speaks
powerfully about the leadership provided by our
college during the last century.

Q: How are you celebrating the college's
centennial?

We welcomed 250 registrants for our centennial
all-class reunion in April, and wee wee gratified at
the number of alums who wanted to come back to
campus. We are still finalizing plans for this fall, and
I can't say much yet, but I believe we will host a
top-level legal speaker here in the fall. Plans are also
underway for an alumni open house/tailgate prior to
the homecoming game, as well as a number of other
events. Watch upcoming issues of UF Law eNews
(available through your e-mail or our Web site) for
developing news. We also have developed an online
historical timeline for the college that features
the opportunity for alums to contribute their own
stories. (More on page 28.)

Q: What challenges will the college deal with in
the next 100 years?

Well, 100 years is a long time, but certainly we
will have to continually fine-tune our academic


and administrative programs to keep pace with
developments in the legal field. For now, we are
working hard to help our graduates find employment
in this very difficult economy and to maintain the
quality of the college in an extremely tight-budget
environment.

Q: What can alums do to help?

Obviously, private support is very important to
us and the students it benefits. We also rely on
our alumni and friends to remember the value of
hiring UF Law graduates. An emerging but very
important role for those who care about our college
is to become its advocates in social media, from
Facebook to blogs, and make sure others know the
truth about the many good things going on here.

Q: What is your top priority right now?
These are complex and challenging times, and it's
difficult to choose one very important goal over
another. But certainly we have to focus on the
strategic planning process so we can best prepare
our institution and our graduates to deal successfully
with a rapidly shifting legal environment. I wrote
last time of our major strategic planning effort, "UF
Law 2015," which also will help us prepare for the
Strategic Plan & Self-Study required for the ABA
sabbatical site visit in spring 2010. I know that
the faculty on our Strategic Planning Committee
welcome alumni suggestions, and I encourage our
readers to let us know how we can improve our
programs, services and direction. m


SPRING 2009


DEAN
ROBERT
JERRY
Levin Mable
& Levin
Professor
ofLaw


















NEWS BRIEFS


BLSA

BLSA trial team earns

spot in Final Four
he UF BLSA trial team competed in
the annual mock trial competition
for the Southern Region Black Law
Students Association (SRBLSA) Feb.
4-8. Held in Nashville, Tenn., this year's
competition included 25 teams from law
schools throughout the southern states.
UF's team successfully argued four trials
to earn a spot in the Final Four. The case
involved a fraternity hazing session gone
awry for one unlucky pledge. Arguing for
the state were Jonathan Blocker (3L) and
Guichard St. Surin (lL). Nickisha "Nicki"
Webb (3L) and Alfredo Zamora (2L)
advocated for the defendant, the fraternity
president. UF Law students Kailey Evans
(3L), Ranaldo Allen (3L), Nicole Mouakar
(3L) and Elvis Santiago (3L) assisted the
team, alumna and local attorney Majeedah
Murad critiqued the team's legal arguments
and trial techniques, and researchers


Brandon Sapp (1L) and Daphne Duplessis
(1L) discovered invaluable information on
case law. In 2007, UF finished first runner
up at the SRBLSA competition. That team
subsequently won the national title at the
National Black Law Students Association
(NBL SA) mock trial competition a few
months later.

BOOK AWARDS

Students honored for

academic excellence
students, faculty and friends of the law
school gathered in the Chesterfield
Smith Ceremonial Classroom Feb. 27
to honor book award recipients for the spring
semester. Presented every semester, book
awards recognize the top performers in each
class, and give alumni a chance to support
academic excellence at the UF Levin Col-
lege of Law. More than 100 students were
honored for their performance in classes in
the spring. Multiple award winners included


Joshua S. Altshuler, Crystal Espinosa, Kevin
Hall, Jennifer Hartzler, Heather J. How-
deshell, Kathryn Ward Hurd, David Karp,
Allison Riggs, Brandon Sherlinski, Emily A.
Snider and Nickisha Webb.

JUDICIAL CLERKSHIPS
Stepping stone from
law school to law firm
successfully completing a judicial
clerkship gives recent law school
grads the edge when law firms are
looking to hire. That was the message
delivered by judicial clerks who were on
campus recently to share their professional
experiences and perspectives to interested
students.
"Nine out of 10 times a law firm will
pick the applicant with practical legal
experience and you get that working as a
judicial clerk," said Jennifer Deeb (JD 00)
who clerks for a senior U.S. District judge
in Tampa. "As a clerk, you continue to
learn about a variety of legal topics




V nn1 H .-.1-11: li, 'I A
H ..i ,
Iiar.it .: ln t :. i ..-.

in i H I i i -, iI I i.i i:, -o a

I I
111 t1l; 17."7 I n II.: -: Ill-."




E i, I ,, t 1 .1 il J




Lt al rt- .:- i ani. Ei *:i H itt tl h
\ .\ rd. i t I, n tl: t i, li: ,:1 .:11 1 ,. ,- E t -


SPRING 2009


















Journal turns the page

on going paperless

I i l l [ l ,l l .,1 1. 1 _


.I iPiL .' I i L II IILL. 1. .'

*-in. i .r ..l. I -I .I r i 'I I ) .i0 ) 4 .1 I
l 1 L ..-1r .1 l 0 1.. i ,.! .1 .l..i __. lk !' ,ip

L.11 LV!
"When you take on a clerkship, you join
a 'family,' said Reid-Payne. "That means
forming professional relationships with past
clerks who are now serving as attorneys in law
firms. The judge will also make sure you are
plugged into all the right organizations and
associations. It's a great network."
Congratulations to the following UF Law
graduates entering judicial clerkships this year:
* Loma Cobb, Chief Judge Hugh Lawson,
U.S. District Court for the Middle District of
Georgia;
* Larry Dougherty, Judge Charles R. Wilson,
11th Circuit Court of Appeals;
* Michael Friedman, U.S. Bankruptcy Judge
Paul G. Hyman;
* Margaret Hunt, Judge Morales Howard,
U.S. District Court for the Middle District
of Florida;
* David Karp, Judge Susan Bucklew, U.S.
District Court for the Middle District of
Florida;
* Sasha Lohn-McDermott, Judge Virginia M.
Hernandez Covington, U.S. District Court
for the Middle District of Florida;
* Elizabeth Manno, Judge John Richard
Smoak, U.S. District Court for the Northern
District of Florida;
* Charles Roberson, Senior Judge Peter T. Fay,
11th Circuit Court of Appeals;
* Dante Trevisani, Senior Judge James L.
King, U.S. District Court for the Southern
District of Florida;
* Lindsay Saxe, Judge Steven D. Merryday,
U.S. District for the Middle District of
Florida;
* Ben Williamson, Judge M. Casey Rodgers,
U.S. District Court for the Northern District
of Florida.


-II .11 ,1 i. I 0 .. I"- I Z
.. I L' K L !!! I',!, I .' L II I IIIH [L 1 .- !


I I L .1 11 l,, ,I ,I I 1 .H


green replacing once cluttered shelves, heavy
binders and overworked printers with an electronic system that allows journal members to
edit articles electronically, and from remote locations, without printing a single document.
"JLPP is setting the precedent for all other UF lawjoumals and reviews," said Dena
Setzer, the journal's editor in chief and a third-year law student. "Our members are
constantly thinking outside the box about ways we can improve our own publication and
editorial process, as well as ways we can positively impact our law school community."
The journal's electronic editing process was developed by Alex King, the journal's
managing editor and a second-year law student, using software available for free
download from the Internet.
King created an account for the journal on Windows Live. Once on JLPP's network,
members can access the journal's SkyDrive, a program that allows documents to be
stored, uploaded and downloaded by registered group members. Through the SkyDrive,
journal members access and edit articles from anywhere, download the sources related to
footnotes, highlight material relevant to the footnotes being edited, make any corrections
and upload edited documents back to the SkyDrive for all journal members to access and
edit. It's a unique system that facilitates close collaboration on working documents, even
when group members are miles apart.
"I am very impressed with the JLPP students' willingness to tackle the difficult
challenge of developing a paperless editing system for the journal," said Mary Jane
Angelo, UF associate professor of law specializing in environmental law. "They have
come up with a very creative way to eliminate the need for the large quantities of paper
that are typically used during the editing process."
Before the system, journal members would print reams of paper to document each
source for every footnote, and stacks of binders were compiled of research used in every
footnote of every article published in each of the three issues of the journal printed each
year. By enabling article edits to be done electronically, King estimates the journal has
eliminated 17,500 printed pages for each issue.
"It was extremely wasteful and very expensive," King said of the old editing system.
Although the software used to implement the system was free, journal members did
make a significant investment of time developing and learning how to use it. Each person
underwent five training sessions, where they became familiar with using the editing
system, worked to make improvements to it and developed a 30-page manual for future
journal members to continue the system.
"This is a positive step toward creating a more environmentally conscious college,"
Angelo said. "Not only does it save paper and the energy associated with producing,
distributing and printing, but it also saves money, which is so important during this time of
severe budget cuts. I hope that JLPP's new system will serve as an inspiration and a model
for other journals."


SPRING 2009











GRADUATE TAX


IRS chief counsel talks tax policy

at annual graduate tax lecture
BY LESLIE COWAN (2L)

If the old adage that death and taxes are the only certain things in the world
holds true, then perhaps Clarissa C. Potter, acting chief counsel for the Internal
Revenue Service, can boast the ultimate job security. On March 20, Potter
presented a lecture to the Levin College of Law titled "Globalization's Current
Challenges to U.S. Tax Policy Makers and Administrators."
Potter, a graduate of Yale Law School and
former professor of the Georgetown University "Ifthe IRS can't
Law Center, has held positions in both the
Treasury Department's Office of Tax Policy and administrate it,
the Joint Committee on Taxation of the United y enco
States Congress. Potter also practiced with OU CCOUfag
the firm Sullivan & Cromwell in New York. noncompliance.
Undoubtedly, her wealth of experience serves her
well in her current position with the IRS.
Her lecture to UF Law students and faculty focused on the challenges of
creating tax policies that are enforceable and that encourage compliance, especially
involving foreign accounts and income.
"If the IRS can't administrate it, you encourage noncompliance," she said.
Potter said the IRS currently employs 1,600 lawyers, with 600 or 700 of them
experts in different areas of substantive tax law. These experts work closely with
lawmakers in drafting tax legislation. Tax legislation may be proposed by the
Treasury Department only once a year as part of the annual budget.
"The IRS provides the manpower for drafting and publishing regulations,"
Potter said. The Office of Tax Policy of the Treasury Department is responsible for
additional development of revenue procedures and for general guidance.
Interestingly, Potter is not employed directly by the IRS but instead is employed
by the general counsel of the Treasury Department. Potter stated that the chief
counsel's office is regarded as lawyers to the IRS. By distancing her position from
the IRS, she is able to serve as an advisor rather than an executive of the IRS,
which allows her to report what she calls the "hard news" to the commissioner, who
is the head of the IRS, and to sustain attorney-client privilege.
Potter often works with the IRS to help regulate offshore accounts and develop
guidelines for penalizing taxpayers who hide income overseas. She explained that
advances in technology that aid in easily moving money around make overseas
accounts and income more difficult to track.
The IRS offers some redemption for those who have successfully evaded
foreign income reporting requirements on past tax documents and wish to come
clean without facing prosecution. They may voluntarily disclose past foreign
income and then pay back taxes, interest, and some penalties. Potter differentiated
this practice from granting amnesty, but added that it does provide protection
against criminal prosecution.
In contrast, if a taxpayer v !11! .uI fails to disclose foreign income, he or she
may face criminal prosecution in addition to penalties in excess of 100 percent of
the hidden income.
Potter emphasized that overregulation is not the answer, as it causes honest
taxpayers to worry unnecessarily about which credits they are entitled to and
provides incentive for those who are dishonest to continue their noncompliance.
Instead, she touts legislation and regulation that provides incentives for compliance
without being too complicated.


FJIL

Florida Journal of

International Law publishes

work by Israeli justice
T he Florida Journal ofInternational
Law published work by Justice
Eliezer Rivlin of the Supreme Court
of Israel in its most recent issue (21 Fla. J
Int'lL. 1).
Justice Rivlin's work, titled "Thoughts
on Referral to Foreign Law, Global Chain-
novel, and Novelty," examines the use, or
lack thereof, of foreign legal authorities
by courts around the world. Throughout
his thought-
provoking piece,
Justice Rivlin
takes aim at such
legal luminaries
as Judge Richard
Posner and
justices of both
the Canadian and
Israeli supreme
courts.
Rivlin
states, "referral Rivlin
to foreign law
does not necessarily mean the adoption
of foreign choices or reliance on foreign
experiences in reaching a judicial decision.
It does mean a better evaluation of
competing options, an available source of
empirical experience and a source of novel
ideas and knowledge."
Rivlin examines the debate that often
occurs when courts in the United States
refer to foreign law. The controversy over
reference to foreign law, writes Rivlin,
often stems from disagreement over the
proper approach the U.S. Supreme Court
should take towards interpreting the
Constitution of the United States.
Ultimately, Rivlin contends that referral
to foreign law serves an important goal:
overcoming domestic juristic biases. Rivlin
explains that status quo biases are hurtful
to the development of domestic law when
they are based on irrationality or chill the
evolution of modem law.
Mohammad O Jazil, Editor in Chief, FJIL


SPRING 2009











NEWS BRIEFS


AWARDS

Dougherty wins antitrust

writing competition
spring break took an unexpected
turn for Larry Dougherty (JD 09)
when he got a telephone call saying
he'd won a national law student writing
competition sponsored by the Antitrust
Section of the American Bar Association.
"It was stunning news," said Dougherty.
"I'd submitted an entry but never
expected to hear anything about it."
The award came with $2,000 and
an expenses-paid trip to the section's
annual spring meeting in Washington,
D.C. "It's the big get-together for antitrust
practitioners," Dougherty said. "I met
leading lawyers, circuit judges, and
economists. It was a great experience."
Dougherty's winning entry was
his published law review note, which
dealt with a newer theory of personal
jurisdiction in antitrust cases. The note
stemmed from research he'd done for
Professor William H. Page during his
1L summer.
During his third year of law school,
Dougherty served as editor in chief of the
Florida Law Review. He is now clerking
for U.S. Circuit Judge Charles R. Wilson of
the 11th Circuit Court of Appeals.
Dougherty entered law school as a
non-traditional student following his first
career as a reporter with the Pulitzer Prize-
winning St. Petersburg Times. Dougherty's
last beat for the newspaper was covering
federal courts and agencies in Tampa. He
fondly recalls the experience, which he
feels started him on the path to law school.
"The federal courthouse always had
interesting cases going on," Dougherty
said. "I was learning more about the cases
than I needed to for the stories I wrote."
Looking back on his success in law
school, Dougherty is more grateful to no
one more than his wife, Taylor Ward.


both very excited that we're almost at the
end of this part of the journey," he said.

STUDENTS

Students form Faculty

Recruitment Committee

n fall 2008, the Faculty Recruitment
Committee was formed with the help
of the Office of Student Affairs. The
committee is led by founder David Kemer
(2L) and Kali Feinman (2L) and consists
of 16 diverse members of the law school


I i. t. ., !! iii! ll h.'t. li.h i 'i ,!1 .ii ,. i
the Faculty Appointments Committee, was
designed to interact with professorial can-
didates who were invited to interview for a
tenure-track faculty position.
"It is the FRC's hope to put the stu-
dent body's best foot forward during this
important function and to let the candidate
know that our student body is involved and
invested in the affairs of the law college,"
said Kemer. "We believe that student body
input is vital to the faculty recruitment pro-
cess, and with the help of the members of the
committee, I know we were able to fulfill the
committee's mission of doing just that."


National tax moot court team wins second place

he UF College of Law tax moot court team was first runner up in the The
Florida Bar Tax Section 2009 National Tax Moot Court Competition.
They received the award on Feb. 7, in St. Petersburg, Fla. Participants
included Chris Pavilonis (3L), Nicholas Grimaudo (3L) and Joshua Landsman
(2L). The team advanced through the early rounds, including victories over
Widener and Suffolk, then defeated the University of Wisconsin in the quarter
finals and the University of Baltimore in the semi-finals. LSU, now three-time
national champions, edged out the team in the finals. This was the University
of Florida's first time entering the competition, which hosts 16 teams of JD
students from around the country. The topic involved an attempted, but flawed,
section 1031 exchange of real property and a section 721 contribution to an LLC.
In competition, the UF team argued both sides of the issue. The team received
support and coaching from its faculty adviser, Professor Steven Willis, and moot
court member Stacey Schwimmer.


SPRING 2009











NEWS BRIEFS


MILITARY JUSTICE
Team wins second place
The team of Loma Cobb, Shelly Garg,
Philip Moring and Gustav Schmidt
won second place in the Military
Justice Moot Court Competition held at
Naval Air Station in Jacksonville, Fla.,
during the last week of February. This
competition focused on an emerging
military justice issue and required


competitors to learn provisions of the
Uniform Code of Military Justice. The
team argued in front of current naval
military judges, including the chief judge
of the Navy-Marine Corps Court of
Criminal Appeals. Overall, the competition
simulated the Navy JAG experience. Aside
from hosting the competition, the Navy
provided competitors with the opportunity
to operate a flight simulator and tour a
Navy frigate ship.


FUNDRAISER
Profs take pie in the face
for a good cause
Professor Danaya Wright (above)
beams through a whipped-cream face
mask she's just received as part of an
April 20 pie throw fundraiser to benefit the
Kalksteenfontein Primary School (KPS) in
South Africa. The UF/University of Cape
Town Study Abroad Program organized the
pie throw, enlisting adventurous UF Law
faculty and staff to stand as targets, and UF
Law students paid $5 each to take aim at
a professor, or $2 each to cream a staffer.
From all accounts, students considered it
well worth the money. m


EXTRACURRICULAR
LawLawPalooza showcases law students' talent
he annual LawLawPalooza blew the doors off Gainesville's Backstage Lounge
on March 19. The event, which showcases multi-talented UF Law students and
faculty, was hosted by the Association for Public Interest Law (APIL) and the
John Marshall Bar Association (JMBA).
Though fun and entertainment are big factors in LawLawPalooza, APIL and
JMBA's main goal is to raise money for a good cause. All funds raised through ticket
sales were donated to the APIL fellowship, a $2,000 stipend for law students who
have accepted unpaid public interest summer internships.
LawLaw Palooza featured five bands that rocked the house including Dean
Jerry's Mustaches, Crazy Dicta, Superfish, and The Monster as well as individual
performers like Shelly Garg (pictured), who performed a lively Bollywood dance.


SPRING 2009











CONFERENCES 0


At the Podium


ENTERTAINMENT & SPORTS LAW:

Making the cut
BY IAN FISHER (2L)
he founder of ESPN and a former
White House communications direc-
tor were among the prominent fig-
ures of the sports law and business world
who gathered for the 2009 Second Annual
UF Sports Law Symposium, held Jan. 23.
Hosted by UF Law's Entertainment
and Sports Law Society, the event kicked
off with a discussion on recruiting, moder-
ated by Professor Thomas Hurst, followed
by a panel on negotiation. Other panel
discussions included labor issues and the
future of sports business, each moderated
by UF Law professors Nick Ohanesian
(adjunct) and Jeffrey Harrison. Speakers
included sports law professors at various
U.S. legal institutions, sports and market-
ing agents at top sports and talent agen-
cies, public relations professionals and top
wealth advisors.
Kevin Sullivan, communications
assistant for former President George W.
Bush, also spoke on his position oversee-
ing White House message development
and communications planning as well as


his experiences as senior vice president for
corporate communications & media rela-
tions at NBC Universal and as vice presi-
dent for NBC Sports.
Other speakers included Glenn Toby,
an agent for the NFL's Asante Samuel,
other NFL players, and hip-hop artists, and
Bill Rasmussen, who founded ESPN in
1979.
Named "The Father of Cable Sports" by
USA Today (Sept. 1994), Rasmussen's entre-
preneurial daring led to ESPN, the world's
first 24-hour cable television network, where
he pioneered such innovations as "Sports-
Center," wall-to-wall coverage ofNCAA
regular season and "March Madness" basket-
ball, and NFL draft coverage.

NELSON SYMPOSIUM:

The squeeze on

local governments
BY SPENSER SOLIS AND ANDRE SALHAB
he Eighth Annual Richard E. Nel-
son Symposium brought more than
100 top legal experts, local govern-
ment attorneys, municipal managers, and
students together on Feb. 13 to discuss


1.11 l i. i t.' I II I I I. I. l i l L



clllL ul Ilull!i cApcl lo ul Lupiu uL l ca
land-use, local government, property and
environmental law. Michael Allan Wolf,
a professor of law and the Richard E.
Nelson Chair in Local Government Law,
organized the conference.
During his presentation, Frank S.
Alexander, a professor of law at Emory
Law School, described the impact of
the foreclosure crisis on state and local
governments. Foreclosures increase costs
for local governments because they can
bring with them instances of vandalism,
arson and copper theft and said a single
foreclosure in a neighborhood will reduce
the value of properties within a half mile
by 2.5 percent. To avoid that, Alexander
suggested that local governments provide
short-term leases to reoccupy vacant
property.
Robert Guthrie, senior assistant
county attorney for Orange County,
Fla., outlined his county's plans to use
federal funding to purchase foreclosed
structures. Through the Neighborhood
Stabilization Program (NSP), Orange
County will improve troubled homes by
coordinating with organizations such as
Habitat for Humanity.
John D. Echeverria, executive
director of the Georgetown Envir-
onmental Law & Policy Institute and a
professor at Vermont Law School,
explained the implications of Florida's
Bert J. Harris Jr. Private Property
Protection Act. Implemented in 1995
as a way of balancing private property
rights and public land use and environ-
mental regulations, the act is designed
to curtail governmental encroachment
on property rights. Despite its good
intentions, the act has dramatically
weakened the government's ability to
regulate property, he said, because it
limits government's ability to address
complex property questions regarding
abandonment, blight and economic
development.


SPRING 2009


































MUSIC LAW:

From the suits

to the stage

BY ANDRE SALHAB
It may have been a cold night, but it was
one hot party at Common Grounds,
a Gainesville, Fla., club, on Feb. 20.
Hundreds of people showed up at the Sev-
enth Annual Music Law Conference Music
Showcase. The showcase featured bands
like Superfish, a band specializing in funky
New Orleans style music, and Danny Perez,
a hip-hop artist.
The next day, the conference allowed
lawyers from areas around the nation to talk
with musicians, lawyers and students about
issues related to entertainment law. The
discussion focused on rights after the death
of a musician, during which panelist Gary
Roth, assistant vice president for BMI, used
a diagram to explain rights that musicians
have in the music industry while living.
He explained some of the essentials of
copyright law and emphasized the impor-
tance of contracts.
As part of that theme, John Thomas, a
professor of law at the Quinnipiac Universi-
ty School of Law in Connecticut, discussed
a case about musician Robert Johnson, who
died in 1938. Thomas said there were many
known talents who made money off of
Johnson through listening and learning,
including Eric Clapton, Led Zeppelin and
the Rolling Stones.


The problem was the issue of publishing
rights and to this day, this case is still being
decided in the courts.
Other panel discussions explored artist
management, free music downloads and eth-
ics in the music law industry. Breakout ses-
sions, new to this year's conference, were
held after lunch and included topics on intel-
lectual property litigation in the music indus-
try, getting your foot in the door to the enter-
tainment industry, succeeding in the industry
and money management for musicians.

PIEC:
CQ C+r* n bl a


ronmental Conference (PIEC) gave
environmentalists, scientists, lawyers
and law students the opportunity to seek
solutions to Florida's environmental woes.
The law student-organized conference ti-
tled, "Beyond Doom and Gloom: Illuminat-
ing a Sustainable Future for Florida," took
place Feb. 26-28.
Participants could choose from three
tracks, each consisting of a different series
of sessions. The science and technology
track examined what research is currently
available about Florida's environmental
situation. The second track focused on pro-


I i iL L i ii .111 Li.1 I I I IL
_!L ii.' .' i. i L !. iii i !11 11 1 I i .1 -







Li.'.ll i,'i I.i .li'!! i iq I i i1ic I lc
Il i l Ld i ii l 10i.I ,'! I I i CL'_ 1_ L. _i | !i.i !
.'l li '.ll'. I.rli ,.h _.T .i l r, r,,i >lil ,'! l i!




A.'!l.I A 1, ,h niud a. 7. !Pi. iI all.'



municipal water use.
Another important issue in Florida
is diesel emissions. Florida is a focal point
for ships because of its large number of
ports, and 56 percent of U.S. cruise ships
leave from Florida. Port maintenance can
cause a variety of problems, including dis-
ruption of sealife due to shipping and dredg-
ing activities.
An afternoon session titled, "The
Long Slow Flood," addressed the dangers
of rising sea levels. Florida's coastline is
particularly vulnerable to changes in sea
level since the construction of armored
sea walls has disrupted natural coastal
erosion patterns. An eco-friendly alter-
native to armored seawalls is the use of
"living shorelines," which use natural
elements to create sustainable coastlines,
as an environmentally friendly alterna-
tive to seawalls.


1he right to exclude others from private
property is not what it used to be. That
was the message recently delivered
by Gregory Alexander, a prominent Corell
University land-use law professor and speak-
er for the Second Annual Wolf Family Lec-
ture in the American Law of Real Property.
"U.S. courts are looking at the social re-
sponsibility of landowners to provide access for
the health and sociability of the public," Alex-
ander said. "The state of New Jersey is taking
the lead on this issue provoking new thoughts
on private property and owners' rights."


SPRING 2009


Us3LaLLiaeIC WOLF FAMILY LECTURE:

solutions to Florida's Social obligation:

environmental woes The court's new con-

BY SPENSER SOLIS cept for landowners

The 15th Annual Public Interest Envi- BY SCOTT EMERSON











CONFERENCES 0


Alexander explained that courts have his-
torically ruled in favor of private landowners
when challenged with land rights and access
issues. But in 2005, the New Jersey Supreme
Court narrowed the scope on private land
ownership and broadened its view on social
obligation.
"In its decision on Raleigh Avenue Beach
Association v Atlantis Beach Club, the court
ruled that private, non-profit entities did not
have unlimited rights to restrict public ac-
cess," Alexander said.
This ruling, based in part on an earlier NJ
Supreme Court decision in Matthews v Bay
Head lmprovementAssociation (1984), takes
into account the availability and need of pub-
lic access.
"The landmark ruling in 2005 by the New
Jersey Supreme Court could set precedence
for other states," Alexander concluded.
The Wolf Family Lecture in the American
Law of Real Property series was endowed by
a gift from UF Law Professor Michael Allan
Wolf and his wife, Betty. Wolf, the Richard
E. Nelson Chair in Local Government Law,
is the general editor of a 17-volume treatise,
Powell on Real Property, the most referenced
real-property treatise in the country, which is
cited regularly by the courts, including sev-
eral citations in the U.S. Supreme Court. The
treatise is a legal source that lawyers, law pro-
fessors and judges have relied upon for more
than 50 years.

WEYRAUCH LECTURE:

The complication

of familial class and

classification
BY LESLIE COWAN (2L)

In her March 23 lecture, titled "Fam-
ily Classes," Naomi Cahn discussed the
way that economic class controls general
thought about conception and family plan-
ning, coloring the "entire range of issues from
contraception to abortion."
Cahn, the John Theodore Fey Research
Professor of Law at George Washington Uni-
versity Law School, spoke at the Levin Col-
lege of Law as the speaker for the third annu-
al Weyrauch lecture, a lecture dedicated to
the memory of the late Walter Weyrauch, a
UF Law professor and legal scholar.


Cahn asserted that the "rates of unplanned
pregnancies, abortion, and unplanned births"
are lower for higher-income groups who have
greater financial resources and more options
as a result. Abortion, a notorious "toxic issue
in the culture wars," has also always been a
class issue, she said. Because of the increased
rate of unplanned pregnancies, poor women
are more likely to get an abortion than are
wealthier women. With the self-perpetuating
cycle of little access to contraception, lower
levels of education, and limited healthcare,
the rates of unplanned pregnancies for lower
socioeconomic classes are on the rise.
Cahn posed three steps that will lead the
way forward in terms of establishing a pat-
tern for policymakers to follow in addressing
class inequities in reproductive health and
planning. First, comprehensive sex education,
including education about birth control in
addition to or in lieu of abstinence education
is key. Second, provision of comprehensive
access to contraception, so that those
currently limited by financial
constraints will have access
to better family planning.
Her third suggestion is to
increase adolescent ac-
cess to contraception and a
education to empower
them to protect them-
selves and to make edu-
cated choices.
In addition to economic
variables impacting family
planning, Cahn identified one of the
most controversial class of families with no
legal recognition those that include a ho-
mosexual relationship as lacking "a whole
set of rights that are attached to the class of
the family that you are able to enter into," es-
pecially involving inheritance, medical deci-
sions, and social recognition.

DUNWODY LECTURE:

Dissecting

Florida's Bush-Gore

'extravaganza'
BY ANDRE SALHAB

nternationally-known constitutional
scholar Akhil Reed Amar, the Sterling
Professor of Law and Political Science


at Yale University, spoke at the 28th An-
nual Florida Law Review Dunwody Distin-
guished Lecture in Law. Judges, former
editors in chief of the Florida Law Review,
and a room full of UF Law school facul-
ty and students overfilled the Chesterfield
Smith Ceremonial Classroom on March 24
to hear him.
The topic of Amar's lecture, titled
"Bush, Gore, Florida, and the Constitution,"
dealt with the problems behind what he re-
ferred to as "the Bush-Gore Florida extrava-
ganza of 2000." Since 2000, he said, schol-
ars from across the spectrum have weighed
in on the statutory and constitutional issues
dealing with this case.
"At this late date, now that all the shout-
ing here in Florida has subsided and so
many scholarly assessments are already in
print, some of you may quite reasonably be
wondering whether there are any new things
left to say about the Bush-Gore epi-
sode," said Amar, who received
the DeVane Medal, Yale's
highest award for teaching
excellence in 2008.
u "I think there are."
Throughout the lec-
ture, Amar discussed
different aspects of the
Bush-Gore debacle, in-
cluding the courts and the
Constitution, the role of the
legislature, equal protection,
voter intent, and reform. He used
humor and fact to express to the audience
his views on the case and explained who he
felt was at fault.
"For decades, if not centuries, Ameri-
can voters have been asked to put their 'X'
marks in boxes next to candidate names, and
human umpires have had to judge if the 'X'
is close enough to the box to count," Amar
said. "On election day, different umpires of-
ficiating in different precincts have always
called slightly different strike zones. If these
judgments are made in good faith and within
a small zone of close calls, why are they un-
constitutional? If they are unconstitutional,
then every election America has ever had is
unconstitutional."
Awebcast of the lecture is available for
viewing on the Florida Law Review Web site,
located at www.floridalawreview.com/. m


SPRING 2009



































TOUGHING OUT



Tough Times

Navigating the shifting terrain of the legal job market
BY LINDY McCOLLUM -BROUNLEY


When the going gets tough, the
tough get going." So said the
famous football coach Knute
Rockne, but if you've been laid off or had
your job deferred you wouldn't be alone if
you felt Rockne's view of adversity rings
trite. The ABA estimates nearly 11,000
attorneys across the country have been laid
off in the past 18 months and firms and
individual lawyers alike are struggling to
weather the worst economic crisis the coun-
try has faced since the Great Depression.
Nonetheless, keeping an optimistic
outlook and persisting where others give
up could be the edge that helps you land on
your feet.
"Your attitude is probably the most im-
portant thing when it comes to job search-
ing. Your attitude is also the only thing you
can control about your job search," said
legal recruiting consultant Ann Skalaski, of
Skalaski Consulting Inc. Skalaski provided


"The ABA estimates
nearly 11,000 attorneys
across the country have
been laid off in the
past 18 months..."


job search tips during a recent UF Law pre-
sentation, "Managing Your Job Search in a
Down Economy," hosted by the Center for
Career Development.
Where to start? Skalaski said the first
rule of thumb job seekers should follow
is to network, network, network. Staying
plugged into your professional and colle-
giate networks takes on special importance
when one considers the fact that the major-
ity of jobs are unadvertised and finding
them depends on who you know.


"Networking really is the best way to get
a job. It's the most important activity you can
engage in," Skalaski said. "There are count-
less studies out there that say 80 percent of
jobs come from networking."
As recommended by Assistant Dean Lin-
da Calvert Hanson of the Center for Career
Development, tell every professional person
you know that you are looking for a job -
whether they're your accountant, dentist, or
hair-dresser because word of mouth is the
most powerful form of advertising and you
never know who might prove helpful to you
in your job search. Network at bar associa-
tion meetings, UF Law alumni receptions,
and continuing legal education sessions to
make contact with people in the know. Also,
volunteer for pro bono work besides do-
ing good, pro bono work will keep your legal
skills sharp and you'll be circulating in set-
tings that could lead to paid work.
You can network online too. In addition
to popular online social communities such
as LinkedIn and Facebook, you should take
advantage of the Gator Nation Network, a
no-cost, private online community hosted
by the UF Alumni Association that allows
UF alumni to securely connect with class-
mates and colleagues. Visit the Gator Nation
Network at https://incircle.ufalumni.ufl.edu
to create an account that will plug you into
alumni groups like the South Florida LitiGa-
tors and the D.C Gators


SPRING 2009











CAREER SERVICES O


The Center for Career Development at
UF Law, while concentrating on working with
current students in their job searches, hosts the
UF Law Symplicity job bank of job postings
advertising both entry-level and lateral posi-
tions. Contact the center at careers@law.ufl.edu
to obtain a password for Symplicity and other
pass-word protected job sites such as Vault, the
Intercollegiate Job Bank and the Non-Traditional
Legal Careers Report, all of which list job post-
ings from across the country. Also sign up to
receive the UF Law Alumni Job Hotline by send-
ing a blank e-mail to alumni-job-subscribe@law.
ufl.edu. The UF Law Alumni Job Hotline e-mails
notices of upcoming alumni receptions and posi-
tions with short deadlines that aren't posted to
the college's Symplicity job bank.
Do research to keep your finger on the pulse
of emerging opportunities. You'll find an amaz-
ing array of resources online. In addition to
alumni resources available on the UF Law Cen-
ter for Career Development Web site at www.
law.ufl.edu/career/alumni/, be sure to check out
the American Bar Association's online "Eco-
nomic Recovery Resources" guide, located
at http://new.abanet.org/economicrecovery/
default.aspx. The guide offers job postings and
networking opportunities, as well as articles
and links to other materials that outline the cre-
ative strategies some people are using to market
themselves differently to bridge the gap or suc-
cessfully land permanent jobs. The guide also
features discounted continuing legal education
credits, tips for professional development, and
information on practice management, career
transitioning, recession-related legal issues, and
resources for stress management.
Finally, develop a long-range career plan
but keep an open mind when presented with
work opportunities that fall short of your ex-
pectations. Ajob offer may mean a move to a
different city, or it may not be at the rate of pay
you'd like or within your preferred specialty
area but, if it comes with a paycheck, it's
worth considering, at least for the short term.
The legal profession has experienced an
unprecedented shift, and people's careers and
lives have been uprooted by unforeseen market
changes. There are no easy answers and no
magic bullet to make things right. Nonethe-
less, despite sounding cliched, Knute Rockne's
aphorism for tough times is true guts and
determination do make a difference, and the
tough really do get going. m


Creative loafing for

deferred associates

Sne UF Law graduate, who shall
remain anonymous, has developed a
Web site for newly- minted lawyers
who suddenly find their jobs deferred,
typically for a period of six months or
longer. The site, wwnw.deferredassociate.
com, is designed to serve as a clearinghouse
of ideas on how to spend those months of
deferment pleasantly and profitably.
The law grad, using the pen name "The
Deferred Associate," writes, "Time off can
be a blessing or a curse. Like law school and
work, it is what you make of it. This site is "Pro bono work gives
designed to give some ideas and resources
that will help you spin the time off into you a chance to truly
something positive." cut your teeth
The site's blog and news page invites
commentary and news from readers, and the
site's suggestions for short-term job options
one might consider during the time of
deferment are both clever and sensible. For
example, the site's pro bono page is entitled, "Building up a Karma bank,"
and part of the description reads, "Pro bono work gives you a chance to truly
cut your teeth. If you want to, you'll meet with tons of clients and spend time
in court. If you don't, you can pretty much pick what you're interested in and
jump in. Granted, you won't find much pro bono antitrust, qui tam, or M&A
work, but there is plenty of time for that later."
Other ideas for willing away the months of deferment include pursuing
short-term judicial clerkships, going back to school as a student or a teacher,
contract work, short-term solo practice or using the down time to travel to
that special place you've always wanted to visit.
Visit www.deferredassociate.com for more entertaining but great ideas
on how to make the most of your deferment. m






oes your firm have a job opening? Want to get the word out to other
Gator lawyers? Send us your job posting, and project-based or contract
positions for inclusion in the UF Law Center for Career Development's Syrnplicity
job bank, we'll help spread the word. The Center for Career Development is
also ready and willing to assist your firm with all aspects of recruiting for
vacancies, listing job openings, coordinating resume collections and hosting
on-campus interviews. Contact the center at 352-273-0860, or visit www.
law.ufl.edu/career/eniployers/index.shtml for more information.


SPRING 2009


















THE PRESIDENT'S













From Gator to a leader of the president's Green Team

BY DIANE CHUN


Carol M. Browner
Assistant to the President
for Energy and Climate

HOMETOWN:
Born in Miami, she grew up
in South Florida, where her
parents taught at Miami-Dade
Community College.

FAMILY:
Married former congressman and
current lobbyist Thomas Downey
in 2007; one son, Zachary, from
previous marriage.

EDUCATION:
BA degree in English
from University of Florida
in 1977, law degree from
UF in 1979.


Florida-born Carol Browner seems quite
comfortable with her new title as Wash-
ington's "climate and energy czar."
Her role as President Barack Obama's
director of the White House Office of En-
ergy and Climate Change is newly cre-
ated, but the 53-year-old Browner brings a lifetime of
environmental concern to Obama's "green team."
Not only that, but her road
to the White House Executive "I want n
Office Building includes stops
in Gainesville at the University be able t
of Florida.
In a recent interview about and enjoy
her position, Browner applauds wonders oJ
the fact that the federal govern-
ment has an array of agencies, States in
cabinet secretaries and admin- way tha
istrators who have clout "that
we can bring to bear in terms
of creating a green economy,
changing how we think about energy, energy security
and reducing our energy use."
"Carol understands that our efforts to create jobs,
achieve energy security and combat climate change
demand integration among different agencies, coop-
eration between federal, state and local governments
and partnership with the private sector," Obama said in
announcing Browner's nomination.
Born in Miami in 1955, Browner is the oldest of
the three daughters of Michael Browner and Isabella
Harty-Hugues. Both are professors at Miami-Dade
Community College.


Her parents limited their daughters' TV time, in-
stead encouraging their children to read and explore
their environment.
Browner spent many hours hiking the Everglades,
and grew up to love biking, skiing and jogging.
She credits her folks with her first lessons in poli-
tics and an appreciation for the natural world.
She once told the New York Times, "I want my son


ny son...to
) grow up
the natural
fthe United
the same
t I have.


Zachary to be able to grow up
and enjoy the natural wonders
of the United States in the same
way that I have."
The 1970s brought Browner
to Gainesville, where she earned
a degree in English from the
University of Florida in 1977
before enrolling in law school.
She graduated from UF's Levin
College of Law in 1979.
Jon Mills directs the Center
for Governmental Responsibili-


ty at the law school. The center was in its infancy when
Mills hired Browner as his secretary. She soon moved
up to become a researcher for the center.
Even then, Mills says today, he could see that
Browner had the focus and drive to achieve that would
lead her to great things.
He describes one incident that he and Browner can
laugh about today.
He was traveling in Poland, and in those days,
Mills said, you had to make arrangements for a long-
distance call back to the United States "about two days
in advance."


SPRING 2009









































He made a call to the office ... collect.
Browner had been told never to accept
collect calls on the office line. She heard the
long-distance operator asking if she'd take
a collect call, but promptly said "no" and
hung up...to the sound of a strangled groan
from Mills at the other end of the line.
"She says now that it was the sound of
her career going down the drain," Mills now
jokes.
Browner has maintained ties to UF, in-
cluding teaching in the Levin College of
Law's study abroad program in Costa Rica
in 2002.
Tom Ankersen, who directs the pro-
gram, recalls Browner's week-long lecture
series on climate change and other ecologi-
cal "hot topics."
He also remembers Browner's willing-
ness to pile into the bed of a small pickup
for a long and bumpy ride from the capital
city, San Jose, to the rain forests of the Osa
Peninsula.
Browner, a long-time bird watcher who
has served on the board of the Audubon So-
ciety, happily sought out the exotic species of
that isolated region of Costa Rica.
Richard Hamann, an associate in law for
the Center for Governmental Responsibil-
ity, also taught in the study abroad program.
He has known Browner since her time as
secretary of Florida's Department of Envi-
ronmental Protection.


Hamann applauds Obama's choice of
Browner as his "energy czar."
"She's a combination of idealism and
pragmatism that can be very effective," Ha-
mann says. "And clearly, she is committed to
protecting the environment."
Browner knows environmental regula-
tion both from the Washington and state per-
spective.
Browner has experience balancing be-
tween groups that seem to have conflicting
interests the environment and economics.
As Florida's Secretary of Environmen-
tal Regulation, a post she held from 1991 to
1993, Browner was chief negotiator for the
state in a suit to restore the national flow of
water to Everglades National Park. The proj-
ect was the largest ecological restoration ef-
fort ever undertaken in the United States.
She is also credited with negotiating a
landmark agreement with Disney that al-
lowed the company to develop 400 acres of
wetlands on their Disney World property in
exchange for investing $40 million to pre-
serve and protect more than 8,500 acres of
wetlands in Central Florida.
"Browner had a vision of protecting an
entire ecosystem," said Todd W Mansfield, a
senior vice president of Walt Disney Devel-
opment Company. "She is a very, very long-
term thinker."
As Secretary of Environmental Regula-
tion, Browner led one of the nation's largest


state environmental agencies. For two years,
she managed a staff of 1,500 and a budget of
$650 million.
As head of the federal Environmental
Protection Agency from 1993 to 2001, she
oversaw 17,000 employees and was respon-
sible for a budget of $7 billion.
Of EPA critics within the business com-
munity, Browner says, "I've found business
leaders don't oppose strong environmental
programs. What drives them crazy is a lack
of certainty. We can change that."
Her focus in her various environmental
positions has always been on preventing pol-
lution rather than on cleaning it up, both crit-
ics and supporters say.
She has been described as a good listen-
er and a strong negotiator who is willing to
compromise when necessary.
She comes to her new office in the Execu-
tive Office Building from a position with for-
mer Secretary of State Madeleine Albright's
global strategy firm, the Albright Group.
She looks forward to helping direct
economic stimulus dollars toward "shovel-
ready" projects to weatherize homes, make
schools and federal buildings more energy
efficient and stimulate development of wind
and solar energy.
"The good news is that there are tremen-
dous opportunities in terms of clean energy
and greenjobs," Browner said. 0
(Reprnted with permission from Gamesville Magazine)


SPRING 2009





















































Open government laws struggle
to keep pace with changing technology

BY ADRIANNA C. RODRIGUEZ






tmmmm mmE;.




















F orget the suit, the smile or the
traditional wave, the indispensable
accessory of the modem public
official is the CrackBerry.... Uh,
make that BlackBerry.
Instant access to e-mails and the
Intemet is a must-have for many,
but the technology that allows e-mails and text
messages to be sent from laptops and PDAs with
the blink of an eye may also be closing the door
on open government laws and posing new chal-
lenges for public access to the meetings and records
of public officials.
Gov. Sarah Palin, for instance, became notorious
for trying to avoid public records requests by using
private e-mail and her two BlackBerry PDAs.
During the campaign trail, it was revealed that
vice-presidential candidate Palin routinely dis-
cussed state business as governor of Alaska from
private Yahoo! e-mail accounts, gov.sarah@yahoo.
com and gov.palin@yahoo.com, rather than from
her state e-mail account.
In January, after weeks of debate, President
Barack Obama, whose administration has reiter-
ated its commitment to transparency time and time
again, was allowed to keep his BlackBerry. He had
been pressured to give it up by Whitehouse coun-
sel concerned that information on the presidential
BlackBerry would be subject to the Freedom of In-
formation Act, and by security personnel worried
about hackers. Nonetheless, the president persisted.
The content of the communication ultimately will
decide what messages transmitted from Obama's
BlackBerry will be subject to the Freedom of In-
formation Act.
With the eyes of the national and international
media and the public on the president, it seems cer-
tain Obama's BlackBerry will be closely guarded
for both security and public records. But what about
the less-known town mayors and city commission-
ers who don't garer international interest? Who's
watching their BlackBerrys?
"Keeping up with technology presents huge
challenges to Florida's Government in the Sunshine
law," said Sandra F. Chance, Esq., (JD 90) execu-
tive director of the Brechner Center for Freedom of
Information at the University of Florida and Mc-
Clatchy Professor in Freedom of Information at the
College of Journalism and Communication.


"Keeping up with technology

presents huge challenges
to Florida's Government
in the Sunshine law."


Florida's open meetings law, also known as the
Sunshine Law, was passed in 1967 and is one of the
strongest in the country. However, Florida isn't one
of the 23 states across the country that addresses
the use of technology in conducting public meet-
ings in state open meetings statutes.
Regardless of the technology used, public of-
ficials in Florida must still comply with the require-
ments of the state's Sunshine Law, which include
giving proper notice for a meeting, allowing the
public to attend meetings and taking minutes of the
meetings, said Chance.
However, the ease of sending e-mails and text
messages has made it easier for public officials to
communicate with each other about public business
outside of public meetings.


SPRING 2009
















"New technology can be very ben-
eficial and increase public participation in
the government decision-making process,"
Chance said. "But, the same technology
has the potential to increase secrecy. So,
new technologies should not be used until
it is clear that all the requirements of Flor-
ida's open meetings and public records
laws can be met."
The problem of public officials con-
ducting city business via private e-mail
was at the center of an 11-month lawsuit
against the Venice, Fla., City Council.
The lawsuit alleged that several current
and former city officials had used e-mail to
conduct business out of the public's view,
which constituted an improperly noticed
meeting. The suit also alleged that the of-
ficials had used liaisons to communicate
with each other about city business, and
had improperly saved or deleted e-mails
related to city business.


in lihc ,c[LLlcilcln[, Llc i1Ly Iuuiln
admitted to violating the Sunshine
but no individual commissioner adm
wrongdoing.
"When it comes to e-mail the
rules apply," said Alexis Lambert (JD
appointed by Attorney General Bill
Collum as Florida's Sunshine Law
ney. "You can't control what you re
in your private e-mail, but you can co
how you respond to it. You can't lau
your government e-mail by sending
your Hotmail account."


At the Florida Attorney General's
office, Lambert has seen an increase in
complaints about officials using e-mails,
text messages and instant messages.
She's even received calls from con-
stituents who can see instant message
boxes reflecting from computer or PDA
screens on the glasses of public officials
during meetings.
"The medium is unimportant, the
content is key," Lambert said. "It doesn't
matter if you are using smoke signals,
instant messages or BlackBerry pens."
Although it is not a violation of
the law for public officials to use
text messaging or instant messaging
for personal matters, the appearance
of impropriety is enough to raise
eyebrows.
"The potential for abuse is clear and
we're seeing more and more cases where
officials are texting during meetings,"



"The medium is

unimportant, the

content is key..It

doesn't matter if you

are using smoke signals,

instant messages or

BlackBerrl pens."


il
Law, Chance said. "If they can't talk
fitted about the issue outside of the meetings, Most
clearly they can't talk about it via texting. provider'
same And, when officials are texting during a case with
04), meeting, there's an appearance of impro- Kwame
Mc- priety, even if they're just sending a text for six m
ittor- to their kids. So, it's just better not to text wireless
ceive about or during government business, the mayc
ntrol period." and serve
inder In the states that have addressed of justice
it to technology in open meetings, most laws sages obt
allow for the use of technology so long as revealed


the public can access the meetings.
Many states have also established
management and retention policies for ar-
chiving e-mails and instant messages, but
Florida so far has not been among them.
Earlier this year, the e-mail retention
policies of the Florida legislature came
under scrutiny when a spokeswoman
from former Florida House Speaker Ray
Sansom's office revealed that his of-
fice deleted his e-mail every 30 days to
make room on the server and that House
members could decide whether to archive
e-mails.
The Associated Press requested San-
som's e-mail in connection with a meeting
of the president and trustees of Northwest
Florida State College, a public college,
and in connection with a $110,000 job
Sansom accepted at the college before
becoming House speaker.
Sansom is under investigation for,
among other things, Sunshine Law viola-
tions in helping to arrange the meeting
that may have been improperly noticed
and at which no minutes were taken.
Retention and archiving e-mails, text
m1' .i2c. and instant messages presents
,n cI he greatest problems for access
.1i'.l i.'..l.ic records because different ser-
' i pr.'! viders and versions of programs
I' h .I I'lerent retention schedules.
I1i.iI all instant messages are created
cqi.il ii really hinges on what software
!iin.! .I ou use," Lambert said, explain-
!!i Ii.I different companies and different
' .! i make all the difference in terms


of ability to archive.
Additionally, not all cell
phone providers have the
same retention schedules for
text messages.
users are unaware of their service
s retention policy. Such was the
the now infamous Detroit Mayor
Cilpatrick, who unwittingly paid
months of message retention in his
plan. That proved to be fateful for
,r. In 2008, Kilpatrick resigned
d 99 days in jail for obstruction
after sexually-explicit text mes-
ained by The Detroit Free Press
he and top aide Christine Beatty


SPRING 2009
















had perjured themselves at trial. The text
messages revealed that both Kilpatrick and
Beatty had lied during testimony about their
sexual relationship and about the firing of a
police chief. Beatty served 69 days in jail
for obstruction of justice.
In Florida, the problems created
by new technology were among the
issues addressed by the Commission
on Open Government Reform in the
Final Report released in January. The
commission was charged with reviewing
Florida's open meetings and open records
laws and issuing recommendations for
improvement of those laws. Its recom-
mendations included prohibiting text
messaging and instant messaging during
public hearings or meetings and a call for
all state agencies to develop a process for
public access to public record e-mails,
among other things.
Chance said most public officials intend
to abide by the Sunshine Law but may not
fully understand the requirements of the
law, especially with technology chang-
ing so rapidly. Improving public officials'
access to education and training on compli-
ance with public records and open meetings
laws could be one avenue to improving
compliance.
To this end, in March, the Florida Attorney
General's office launched MyFLSunshine.com.
The Web site hosts training videos on compli-
ance with different aspects of the state
Sunshine Law and a searchable database of
attorney general opinions on matters related
to open government questions.
In the wake of the Sunshine Law suit,
the city of Venice has implemented a new
policy that prohibits council members from
using private e-mail accounts for city busi-
ness, requires all public officials to attend
Sunshine Law training and requires officials
to forward to their city e-mail accounts
all e-mails regarding city business sent to
private e-mail accounts.
"While these new technologies make
our lives easier, no question about it, offi-
cials could violate the laws if they use them
incorrectly to conduct public business,"
Chance said. "A democratic society isn't
always the most efficient, but it is always
the most effective." 0


Breaking down the art

of e-mail discovery

BY IAN FISHER (2L)

ason R. Baron just received more than 200 million
e-mails.
But that's nothing compared to what someone in
his position could get in eight years. Jason R. Baron
Baron, the director of litigation for the National
Archives and Records Administration, spoke to students
on Feb. 26 in UF Law's groundbreaking class on e-discovery, taught by adjunct professors
William Hamilton (JD 83) and Ralph Losey (JD 79). The moment President George W. Bush's
term ended, Baron's office took possession of all of the e-mails that went through the White
House in Bush's eight years. Baron expects a lot
"ifhe [the i t] more from the Obama administration.
...i e [the president] "What I've estimated in my law review
lasts two terms ...he will article, is that whoever was the next president
I didn't know it was President Obama at the
have generated, at the time but now President Obama, if he lasts
two terms, at the end of eight years, he will
rate that we're going, a have generated, at the rate that we're going, a
billion e-mails billion e-mails."
ill n e-mail. Although Baron is planning to retire in two
years, he acknowledges e-mail discovery in a
modern trial is likely to be a logistical nightmare
for his office if it had to go through a billion White House e-mails for litigation.
Baron should know. He and his office were involved in the United States v. Philip Mor-
ris, a multi-billion dollar case. In the case, Baron was responsible for searching more than 20
million e-mails from the Clinton administration as well as 50 years of tobacco-related docu-
ments. To do this, he used 12 keywords to search all of the e-mails, narrowing the number to
200,000.
After that, 25 lawyers took six months going through every e-mail to determine
which were relevant. They determined about 100,000 were relevant and produced
about 80,000. Only a few were ever introduced at trial, which is troublesome according
to Baron.
"The natural inclination is to figure out a bunch of keywords that you can then go
query your own client's database or think of keywords to propound to the other side,"
Baron said. "That's not wrong. I guess my proposition is that it's a little naive to think
that 12 keywords are going to reliably and efficiently get the relevant evidence that's in a
haystack in a giant collection, like White House e-mail, of 20 million documents."
Baron gave one example of the many problems that arose with keyword searching: when
Marlboro was searched, many e-mails with Upper Marlboro, a city in Maryland, came up.
Because of these and other problems with information retrieval, Baron got involved with
the Text Retrieval Conference, or TREC, which is operated by the National Institute of Stan-
dards and Technology. TREC's goal is to promote research into the science of information
retrieval.
Until TREC, Baron said only one study had been done on lawyers finding relevant docu-
ments. In that study, there were 350,000 pages of 40,000 documents. Lawyers estimated
that they found 75 percent of the relevant documents, however a research team found that
the lawyers only identified about 20 percent of the relevant documents.
Many software companies are trying to solve these search problems with new programs
that promise more efficient searches, but Baron said it is unclear which expensive program to
buy and whether they actually work as promised. With all of these e-discovery issues, Baron
recommended that students really learn the area because knowledge of it will give them a
head start in a rough job market.
"We are just at the beginning, sort of the dawn of some new paradigm in the law," Baron
said. "There is something happening out there, something different and you can feel it." .


SPRING 2009








FamilyValues


The story of seven springs, two law students,
and one family's quest to conserve its land
BY LINDY MCCOLLUM-BROUNLEY


SPRING 2009






















ay you find yourself sitting on a pot of land-rich, cash-poor families to sell all or part of their
gold. For the sake of argument, let's say properties when they would rather keep them.
the gold is a cherished family treasure "The support infrastructure is set up for someone who
you've been entrusted by the previous wants to sell, wants to develop, wants to go the way of the
generation to protect for the next. What dominant culture. It's very challenging and typically more
would you do with it? costly to go against the flow," Smith said.
Real estate is not gold, but it may as
well be for many Florida land owners and their families AGAINST THE FLOW
faced with either sell or save. Large parcels of Florida land Going against the flow is exactly what Tom
can be worth millions when sold for development. Despite Ankersen was doing one cold November day in 2007.
occasional economic downturns, the state's history of Ankersen, director of the University of Florida College
boom-time growth has placed every acre of undeveloped of Law Conservation Clinic, was kayaking up the 4.5
land in the cross hairs, and, with Florida's population mile Gum Slough from the Withlacoochee River with
predicted to swell from 19 million to 36 million people by a group of students and faculty as part of the clinic's
the year 2060, the pressure is on to sell. semi-annual field trip.
"Landowners can make a huge amount of money "This was the third time that I'd paddled Gum
just by selling their land to someone who's going to Slough, the second time with the clinic," Ankersen said.
develop it, but what does that money mean to them in "It's one of the last wild spring runs left in Florida, it's
the long run relative to what the land meant to them?" almost entirely protected up to the springhead, which is
said Judy Smith, a member of the Smith family, which privately owned, and it's beautiful."
owns more than 840 acres
of land straddling Marion "Landowners can make a huge amount of
and Sumter counties. "My
values would say they haven't money just by selling their land to someone
gotten much to have that who's going to develop it, but what does that
connection to the land, there's
just no money you could put money mean to them in the long run relative
on that." to what the land meant to them?"
The Smith land lies within what the meant to
the Withlacoochee River
watershed, and it shelters
seven of 15 springs, including the main springhead,
that feed Gum Slough, a tributary of the Withlacoochee
River. Despite the slough's pristine state, the area is on
a collision course with widening ripples of suburbia
emanating from the nearby mega-developments of
Marion Oaks and The Villages.
Nonetheless, four Smith generations have grown
to view their land, with its springs and surrounding
wetlands, as unique and intrinsically valuable in its
own right. The family knows that holding onto the
property will be challenging, especially as development
encroaches ever closer. They also know property taxes
and inheritance taxes on generational transfers of
property are extraordinarily burdensome, often forcing


Wilson Smith sits
behind the wheel of
a farm truck at Seven
Springs, Judy Smith
is standing, and her
brother Scott, his
future wife Debbie,
Judy's sister Lorie
and Wilson's ward,
Wayne, sit in the
truck bed. (c. 1974)


SPRING 2009











After five hours of paddling the group
finally made it to the springhead, a lovely
second magnitude boil sheltered below a
dome of oak branches. They laughed and
talked as they rested in their kayaks, excited
to have come so far and soaking in the sights
of the spring and the privately-held lands
surrounding it. That land was Smith family
land, and Judy Smith happened to be the
Smith in residence on that day, living in one
of the two homes located near the spring.
"We were sitting there talking and a
woman who introduced herself as Judy Smith
came down andwantedto knowwho we were,
even though she enjoyed having people come
up there occasionally," Ankersen said. "So, I
told her we were with the Conservation Clinic
at the College of Law, and she had heard of
the clinic from one of the land owners further
down the run who had given her a FlaLaw
article about a previous clinic field trip up
the slough. So, we started this conversation,
and we were literally interviewing a client, a
potential client, at the end of this field trip on
a spring run."
As they talked, Ankersen learned the
remarkable history of the Smith family and
its property. Smith's grandfather, McGregor
Smith Sr., then the president and chairman
of Florida Power and Light, and his wife,
Elizabeth, bought the Gum Slough property
- or "Seven Springs" as the family came
to call it in the late 1960s. Seven Springs
became a treasured wilderness retreat for
the Smiths, a place to gather and reconnect.
Two modest residences were built near the
springhead, and generations of Smiths have
loved the property.
Following the deaths of the senior Smiths,
the land was divided in 1997 between their
sons, McGregor Jr. and Wilson- McGregor's
property on the south shore of Gum Slough in
Sumter County, and Wilson's on the north side
in Marion County. Despite its legal separation,
the property as a whole remains a central
gathering place for the family.
"It turns out there is a very complicated
structure around the property. The family has
created a non-profit organization, there's a
family foundation, there's private ownership,
and there's an existing conservation easement
on McGregor Smith's part of the property,"
Ankersen said.
Ankersen learned that Wilson Smith's
portion of the property did not yet have an
easement in place, although Smith had been
collaborating with his niece, Judy, and several
other close friends to establish an easement


to protect his land. Ankersen suggested the
Conservation Clinic could help with that, and,
with the Smith family onboard, he assigned
the Gum Slough conservation easement
project to two second-year law students,
Tristan Harper and John November, during
the spring 2008 semester. The students were
among 11 accepted into the


the spring zones and the springs themselves,"
said Tristan Harper (JD 09). "So, with a
diverse piece of property like that it was
essential to come up with an easement that
would effectively protect the property and
the landowners' interests without restricting
them too much."


Conservation Clinic for the "Seven Springs became a treasured
semester, and Ankersen ing
considered them his best fit wilderness retreat for the Smiths, a
for working with the Smith place to ahr and rcnn
family to research and write pa ga r and reconnect.


a conservation easement
for Wilson Smith's portion
of the property.
"The Conservation Clinic's mission is
to provide a real world learning opportunity
for students and every semester we divide
available projects among them," Ankersen
said. "I chose Tristan and John for this project
because they were very outdoorsy and very
attracted to the idea; they just seemed to be
naturals for it. ... They really took complete
ownership of the project in a way that doesn't
happen very often."

WORDS MATTER
Wilson, Judy and family friends, Mark
Reno, Chip Mirman and Maggy Hurchalla,
had already developed a strong working
draft for an easement, which drew on
their intimate familiarity with the land
and shared desire to see it protected from
development. This document would serve as
the framework on which Ankersen and the
law students would build as they began their
own efforts researching the different aspects
of establishing a conservation easement for
the property.
"The property is so diverse. There are
different types of habitats and land uses on
the property, everything from cattle grazing,
the area where the houses are, natural forests,


Under Ankersen's guidance, the two
students delved into the nitty-gritty of
researching the property's convoluted history
and writing the easement working with
other land use attorneys and with Robert
"Hutch" Hutchinson, the executive director
of Alachua Conservation Trust, a non-profit
land conservation organization based in
Gainesville, Fla., tapped by the Smith family
to serve as grantee for the easement. As their
work progressed, the two were surprised by
the complexity of the process in terms
of writing language to address the diverse
characteristics of the property itself; of
the legal issues impacting the easement;
and in learning to work as a team, despite
differences in personality and approaches to
problem solving.
"I think they thought it was done at the
end of the first draft, and there were at least
five more complete redrafts of the easement.
They began to realize how single words made
a big difference in how the family perceived
what was going on or how ACT perceived
enforcement issues," Hutchinson said. "So,
if they had not learned prior to now that the
power of language to change things on the
ground is very real, they certainly learned
after this exercise."


SPRING 2009











Once executed, the conservation ease-
ment the students drafted would be written
into the deed and become part of the prop-
erty's chain of title forever.
"When you read case law sometimes
you realize that a decision came down to a
word or two, and even when talking with
people, a few words or how something is
phrased can really make a difference," said
Harper. "The easement was a really interest-
ing project in the respect of how to make
every word count to avoid future liability.
The idea of the easement is that it will last
in perpetuity, and you don't want something
badly written lasting in perpetuity. It's im-
portant to the Conservation Clinic, it's im-
portant to the Alachua Conservation Trust,
and it's extremely important to the land
owners and their future generations."
This reality, combined with the ecologi-
cal and land use diversity of the property,
compelled Harper and November to think
outside the box when considering how to
draft the easement.
"Other easements could choose to grant
certain reserved rights and restrict certain
uses over the whole property, but we real-
ized that the same reserved rights for the
springs shouldn't also be reserved for the ar-
eas where they were going to build or where
they were going to do row-cropping," John
November (JD 09) said. "These distinctions
made us realize that we had to treat each of
these areas differently and we came up with
the concept of treating each unique area as a
zone with unique management criteria."
The two, in collaboration with Conser-
vation Clinic and ACT lawyers, developed
a novel approach that resulted in, as Ank-
ersen described it, "an elegant document
that looks a lot like a zoning plan." It pro-
hibits subdivision of any part of the prop-
erty and places stringent use restrictions on
the springs and associated water recharge
areas. However, more flexibility of use is
allowed for the agricultural areas, including
future construction of 10,000 square feet of
building space for educational or research
purposes.
"I was impressed by the meticulous
care that had been taken in drafting the
document. It's probably the most detailed,
complete conservation easement I've
ever seen," said property owner Wilson
Smith. "I'd never expected anything that
careful or that detailed, but I was delighted
to see it. I certainly had no reservations
about executing it."


Smith, a 1952 graduate of UF Law and a
double Gator, was the project's principle cli-
ent and a man with a formidable background
in the law. Now retired at 81 years of age,
during his long career Smith established the
probate department at the Miami firm Steele,
Hector & Davis and was heavily involved in
the probate sections of the American Bar As-
sociation and The Florida Bar.
As the project progressed, Smith's atten-
tion to legal details put Harper and November
through their paces as the wording in several
drafts of the easement was refined to his sat-
isfaction. Because of the research and careful
crafting of the descriptions invested into the
zoning concept, the final document was more
time and resource intensive to produce than a
typical easement, but it's one that all parties
are proud to have achieved.
"I was very happy that it had come to
a final consummation, that we had finally
finished it... and what was finished was ex-
tremely well-done," Smith said.

LESSONS LEARNED
At long last, following three semes-
ters of the students' work and collabora-
tion between the family, the Conservation
Clinic, Alachua Conservation Trust and
private attorneys who donated their time
to the effort, the easement was prepared
for closing. Hutchinson and November
met Smith and his niece, Lorie, Judy's


sister, in Tampa on Sept. 26, 2008, and
Smith placed his signature on the docu-
ment, legally preserving Gum Slough's
headwaters in perpetuity.
"Wilson Smith's joy was something
very palpable as he resolved one of the
big things he felt needed to be resolved
when you want to own land responsibly,"
Hutchinson said. "And, as a UF alum,
he felt good about seeing young UF law
students participate. ... The fact that we
were working so closely with the univer-
sity clinic made it good for him. I know
he's thrilled with how it turned out."
The students also felt a tremendous
sense of achievement and satisfaction.
They had taken on and completed a proj-
ect with enormous complexity in terms
of the legal issues it addressed, the eco-
logical attributes of the property, and the
delicate balance of family relationships
at play. The experience was transforma-
tive for them, and they recognize it as a
defining event for themselves and for the
Smith family.
"They accomplished something big
while they were in law school," Ankersen
said. "They, in essence, made law, which is
what lawyers do. That doesn't happen with
every clinic project, certainly not with the
speed in which this happened. But, they
got it done, and it's hard to complain about
the result." m


A


SPRING 2009


















Years of


Centennial Reunion

* 1. UF mascots Albert and Alberta made special
appearances at the UF Law Centennial All-classes
Reunion Barbeque on April 25. 0 2. David Cairns
(JD 79), at right, and his daughter Elizabeth pose
with Dean Robert H. Jerry II during the Centen-
nial Welcome Reception. 0 3. Fred Boone (JD
82), and parents Freda and Dan Boone (JD 54)
were the proud representatives of the Law Offices
of Boone, Boone, Koda & Frook, PA., the firm
that generously sponsored the Barbeque luncheon
held in the Marcia Whitney Schott courtyard on
April 25. 0 4. Graduates of the 70s Decade;
* 5. Graduates of the 90s Decade. 0 6. Harry
Michaels (JD 51), W. Dexter Douglass (JD 55),
the Hon. Peter T Fay (JD 56), Dan Boone (JD 54)
and W. Reece Smith Jr. (JD 49) represented those
graduating during the 40s and 50s at a Decade
Dinner hosted by the Hon. Ben Overton (JD 52,
not pictured) at his home in Oak Hammock at the
University of Florida. 7. W. Reece Smith Jr. (JD
49) speaks with Florida Law Review Editor
In Chief Jon Philipson and Symposium Edi-
tor Dennis Gucciardo. 0 8. The Hon. Stephan
P Mickle (JD 70), at left, and former Governor
Buddy McKay (JD 67) converse during the
April 24 Centennial Welcome Reception.


Heritage of Leadership

SOCIETY

The University of Florida Levin College of Law held the
2009 Heritage of Leadership Recognition Society induc-
tion ceremony on April 25 to honor Henry A. Fenn, George A.
Smathers (JD 38), and Richard B. Stephens. These individu-
als are preeminent graduates or friends of the college who
assumed leadership positions on national and international
levels and distinguished themselves in legal, governmental,
academic and corporate sectors.


Henry A. Fenn
(1909-1995)
Dean, University of
Florida College of Law
1948-58; Florida Blue
Key Distinguished
Faculty 1971; UF
Distinguished Service
Professor 1975; Profes-
sor Emeritus 1978


George A. Smathers
(1913-2007)
Class of 1938 Assistant
U.S. Attorney, Miami
1940-42; Representative,
U.S. House of Represen-
tatives, Fourth Congres-
sional District, Florida
1947-51; Senator, U.S.
Senate, Florida 1951-69


Richard B. Stephens
(1917-1988)
Professor of Law, UF
College of Law 1947-77;
Florida Blue Key Distin-
guished Faculty; Visiting
Professor, University of
California at Davis, Martin
Luther King School of Law
1977; Tax Lawyer of the
Year 1985


To view event photos, biographies of the individuals inducted and a listing of all UF Law graduates inducted into the Heritage of Leadership
Society and UF Distinguished Alumni, visit www.Iaw.ufl.edu/uflaw.


SPRING 2009

















UF Law


UF Distinguished Alumnus
AWARD
Four UF Law graduates were inducted into the ranks of University of
Florida Distinguished Alumni during the college's May 15 Commencement
Ceremony. Those honored were the Hon. Rosemary Barkett (JD 70), W. Dexter
Douglass (JD 55), the Hon. Ben Overton (JD 52) and George H. Starke Jr.


DarKeIn /u


uouglass DD


uvenon oL


SPRING 2009


A Donor Beneficial Giving
Plan During a Down Economy
BY ELLEN R. GERSHOW (LLMT 83)

W while interest rates are low, it is a good time to
Consider a charitable lead trust. A charitable
lead trust is a trust in which an income interest
is paid to one or more charitable beneficiaries
for a term after which the remainder interest is
paid to one or more noncharitable beneficiaries.
SA charitable lead trust may be established during
the donor's life or as a testamentary trust. In order
to qualify for the gift or estate tax deduction, the
charitable lead payment must be in the form of an annual guaranteed
annuity or unitrust payment.
With the traditional (nongrantor) lifetime charitable lead trust, a
donor is entitled to a charitable gift deduction for the value of the gift
of the income interest to be paid to the charity, but not an income tax
deduction. During the lead term, the donor does not report the income
from the trust. The benefit to the donor is that he or she may pass
an appreciating asset on to heirs at the end of the charitable term at
a significant gift tax savings. The value of the charitable gift and the
remainder (which is the taxable gift) are valued based on current interest
rates published by the IRS. These rates are currently very low. If the
assets in the trust appreciate at a greater rate or if interest rates increase
during the income (lead) term, the excess appreciation or earnings will
pass to the donees free of gift tax.
It is permitted, but unusual, for the property to revert to the donor
at the end of the lead term. This may be a useful technique if the
donor wants to make a charitable gift and has exceeded the percentage
limitations applicable to charitable income tax deductions.
If a charitable lead trust is created at death, the estate is entitled
to a charitable estate tax deduction for the value of the gift of the
income interest to be paid to the charity. The receipt of the inheritance
will be postponed, but the estate tax savings may be significant. The
beneficiaries will also receive a stepped up basis in the property.
For more information about this giving vehicle or additional planned
giving options, please contact Kelley Frohlich, sr. director of development
at frohlich@law.ufl.edu or 352-273-0640.


In Recognition of New Gifts and Pledges
$100,000 endowment gift received from Dr. Inez A.
Heath to support the Baynard Wickliffe Heath
Memorial Lecture Series on U.S. Antitrust Policy
$51,734 cash gift & $100,000 bequest pledge
from John M. McNatt, Jr.


Class Gift Sets Record
The UF Law Class of 2009 set a new record with its $118,900
class gift. The gift exceeds the closest class gift amount by more
than $40,000. Although the Class of 2009 is the largest graduating
class ever, the proportion of higher numbers of students is less than the
increase in the size of the gift, making the gift all the more remarkable.
One graduate made a pledge of $25,000 in honor of his father.
Dean Robert H. Jerry earlier commended the Class of 2009 for
its generosity, stating "Your gift, which is made before you have taken
the bar or received your first paycheck, makes a statement to each
and every one of our alumni, and to all the citizens of Florida, that you
care about the future of higher education and of your law school. I will
challenge future classes to exceed your record, but the fact is that you
have set a very high bar that will be very difficult to exceed. Thank you,
2009 graduates."


















































CELEBRATING

100 Years of UF Law

1909 2009


In celebration of the 100-year anniversary of
the University of Florida Levin College of Law, this
historical timeline is presented as an exploration not
just of time, but of people. It chronicles the actions
and aspirations of men and women who yearned to
understand the law and to practice it in support of their
communities. Theirs is a rich and colorful tapestry of
people and events, which helped shape UF Law into the
institution it is today. Visit the college's online timeline
at www.law.ufl.edu/history/timeline for a more detailed,
interactive journey through UF Law history.
Harry R. Trusler, the law school's longest-serving dean,
wrote:
"Law is a liberal education. It cultivates and
disciplines the mind; develops personal capacity and
leadership, and imparts the essentials of business and
ofgovernment. Were there no such thing as the legal
profession, the College ofLaw, in training for active life,
would hold its own as a practical College ofArts and
Sciences;for the history of man -the story of his struggles
and achievements -is written just as fully ,,, i '.,....h,,i


SPRING 2009












.4
K~ ~~ mI:V *V ..
K P~


S.M


in his laws as it is in his language, art,
literature, philosophy, or sciences. "
Special credit must be given to Grace
"Betty" Taylor, UF Law librarian and
historian, for researching and authoring
Creating a Law Program at the University
ofFlorida, the document from which much
of the content for this and the online UF
Law timeline is drawn.

IN THE BEGINNING
Before the University of Florida
was established, Kingsbury Academy,
located in Ocala, Fla., was acquired
by the state and renamed East Florida
Seminary in 1853. After the Civil War,
the seminary moved to Gainesville and
was consolidated with the state's land-
grant Florida Agricultural College, based
in Lake City, to become the University
of the State of Florida in 1905, later


renamed the University of Florida in 1909.
Classes began on Sept. 16, 1906, with the
admission of 102 white male students.
This new university was established
by the Legislature on June 5, 1905,
under what was popularly known as the
Buckman Act. Four years later, the State
Board of Education met jointly with
the Board of Control in Tallahassee and
passed a resolution authorizing the Board
of Control to establish a college of law
in the University of Florida. The Board
of Control met in Jacksonville in June of
1909, and provided for the University of
Florida College of Law, which, "by the
quality of its work and character of its
equipment, would merit and command the
confidence and support of the bench and
bar of the State and would draw within its
walls the young men who will constitute
the future bar of Florida."


Nathan Philemon Bryan served as
chairman of the Board of Control during
this period. He was a Florida native, had
earned his undergraduate degree from
Emory in 1893, a law degree in 1895 from
Washington and Lee, and was admitted to
The Florida Bar the same year. Referred
to as the "father of the law school," Bryan
took an active role in securing the law
school for the university, and remained
involved while he was a U.S. senator, and
judge of the U.S. Circuit Court of Appeals,
Fifth Judicial Circuit.

1. Harry R. Trusler, UF Law's longest serving dean
(1915-1947).
2. UF Law's Class of 1910, E.C. Clahoun, C.C.
Small and L.R Hardee.
3. Natalie Weinstein, one of three women, who, in
1933, were the first female graduates of UF Law.
4. Chesterfield Smith (JD 48), ABA president and
"America's Lawyer."


SPRING 2009


; /"'"-
^r fi TT
































1909






1909
The law school opens in the humble setting
of one unplastered room in Thomas Hall
Dormitory with 38 students and two faculty
members. Two years of high school work is
required for entry. The new dean, Albert J.
Farrah, recruits the first three students from his
former post at Stetson University. Students eat,
sleep and attend class all for $165 a year
- in Thomas Hall.

1910
Three law students, transfers from
Stetson University, were the first students
to graduate from the new University of
Florida College of Law. Dean Trusler later
said about this class of 1909-1910, "They
entered an obscure law school of no rating,
with an obscure faculty, a few second-hand
books, and an admission requirement of two
years of high school work, or its equivalent,
with emphasis on the equivalent... These
were the original faith boys, whose faith
inspired faith faith in themselves, their
college, and their state."

1914
The law school moves to the new $24,000
law building (dedicated as Bryan Hall in
1941), one of the first permanent buildings
on campus. Under the guidance of the
school's longest serving dean, Harry R.
Trusler (1915-1947), the College of Law
is admitted to membership in the Association
of American Law Schools in 1920, and
approved by the American Bar Association
in 1925.


1916


1921


1916
Spessard L. Holland graduates. Holland goes on to
become a Florida and U.S. senator and founding
partner of Holland & Knight, now one of the largest
law firms in the world. Referred to by President
Lyndon B. Johnson as one of the five most
powerful men in the Senate, Holland served in the
U.S. Senate for 24 years, and went onto serve as
Florida's governor (1941-1945), a position which
was later occupied by three UF Law graduates.

1921
Alto Adams graduates and goes on to become the
first alumnus to serve as a Florida Supreme Court
justice (1940-51) and chief justice (1949-51). To
date, 19 UF alumni have served or are serving on
the court, and 17 of the 19 have been chief justice.

1925
Stella Biddle became the first woman allowed to
attend law school classes. Although Biddle had
attempted to register as a student at the College
of Law, her application was denied. Nonetheless
Dean Harry Trusler who had petitioned the state
Legislature to allow women to enroll in the College


1925 1933





of Law permitted her to attend classes as a
visitor. She later became an attorney in Gainesville
and in 2000 was recognized as one of the first
150 women admitted to The Florida Bar.

1933
Florida's first female law graduates Natalie
Weinstein, Rose E. Friedlin and Clara Floyd Gehen
- complete their law degrees at UF On their first
day of law school, male students formed lines in
front of the school in protest. Despite the attention
and gender discrimination, Gehan received the
Harrison Award for highest overall grade point
average upon graduation, went on to establish the
first woman-owned law practice in Gainesville, and
became president and director of Eighth Judicial
Circuit Bar Association.

UF Law becomes one of nine law schools in the
nation, and the first in the south, requiring a
college degree for admission.

1934
Charles E. Bennett graduates. He was later
elected to the U.S. House of Representatives in
1948 and went on to be Florida's longest-serving
congressman and the second longest-tenured
member of the House when he retired in 1993.
He sponsored legislation that created an ethics
code and made "In God We Trust" the U.S. motto,
requiring it to be added to coins and currency.

1939
George Baughman graduates and becomes the
first of a distinguished group of eight graduates who
become presidents of Florida colleges. One 1948
graduate, Harold Crosby, was president of two.


1: _] ] I]
































1940


1941


1940
Stephen C. O'Connell, future U.S. senator,
Florida Supreme Court justice and University of
Florida president (1968-73), graduates from UF
Law. While a student at the university, O'Connell
was Student Body president, Blue Key president,
participated on the boxing team, and was
inducted into UF's Hall of Fame.

1941
In 1941 the law school building was dedicated
and named in memory of Nathan Philemon
Bryan, chairman of the Board of Control at the
time of the founding of the College of Law, a
former U.S. senator, and a U.S. circuit judge. In
addition, the new, four-story law library annex
was completed. The building was 50 percent
larger than the library's previous space. The
library space vacated in the law school building
was renovated for classrooms, offices, and study
and consultation rooms.

1942
Frank Maloney graduates and will return to serve
as dean of his school from 1958-70. He is one of
13 graduates who become deans of law schools,
including three who led their alma mater.

1943
World War II took its toll on enrollment at the
university and college, and some war-years
classes had only one person attending. To address
this dearth of enrollees, a combined academic
law course with Florida State College for Women
at UF was offered at UF in 1943. In addition,
the 10-year-old requirement of an undergraduate


1948


degree as prerequisite for entry into law school
was lowered to two years of college to broaden
enrollment of new students. In 1943, 26
students enrolled, including seven women.

1948
Riding the wave of the GI Bill, 500 students
enrolled at UF Law and studied under nine
full-time and four part-time faculty members.
Before the war only 1 percent of UF students
were married after the war, returning veterans,
married and many with children, constituted
a large percentage of the student body. Flavet
Village, rows of prefabricated buildings, was
created to provide housing relief.

Henry A. Fenn became dean, and the
first issue of the University of Florida Law
Review was published with Harold B. Crosby
as editor in chief.

1949
Virgil D. Hawkins, formerly a faculty member
of Bethune Cookman College, was denied
admission to the University of Florida College of
Law because of Florida's Jim Crow laws. Nine
years later, Hawkins withdrew his application in
exchange for a court order that desegregated the





-T
-^ --
-zia


1949





state's university system, including UF's
graduate and professional schools.

1950
The Florida Bar is created, with its first four
presidents all Gator grads. Since that time,
the majority of presidents have been UF Law
alumni, including the 60th Bar President John
"Jay" G. White (2008-09).

1954
Lawton Chiles, a fourth-generation Floridian who
went on to become a U.S. senator and Florida's
governor, was hired as a student assistant in the
law library at 75 cents per hour. Law Librarian
Ila R. Pridgen wrote in her notes that he was
married with two children, recently returned
from the Korean War, lived in Flavet, and was
"a very nice looking boy."

1955
The college is granted a charter by the Order
of the Coif in recognition of high academic
standards.

1958
Because of Virgil D. Hawkins' efforts, George
H. Starke Jr. became UF's first African-
American law student. 1962, W. George
Allen became the first African-
American to receive a UF
b b law degree.


1954


I I-D
































1958






1959
The University of Florida College of Law
celebrated its 50th anniversary.

1961
A new wing of the law school is completed and
opens in the fall to ease overcrowding. The new
space adds two new classrooms, a large seminar
room, some offices and the added bonus of
central air conditioning, a first for the law school
and a rarity campus-wide.

1962
The law library catches fire from cigarette ashes
smoldering in a wastebasket behind the circulation
desk. Twenty-one days after assuming her post as
head law librarian, Grace "Betty" Taylor faces the
challenge of salvaging the remaining building and
books and finding a solution to the loss of study
space and resources for students.

1969
In January, the college occupied the new
Spessard L. Holland Law Center, named in
honor of a distinguished 1916 graduate (see
1916). Designed for 1,200 students, the
number of classrooms increased from four to
nine, seating from 248 to 699. Chief Justice of
the U.S. Supreme Court Earl Warren delivered
the keynote address during the building's Feb. 1
dedication ceremony.

Wilbert Langston purchased "the little store across
the street." Ever since, Wilbert's has been popular
with generations of law students, faculty and staff.


1969






1973
Chesterfield Smith (JD 48) became the
first UF alumnus to head the American Bar
Association. As ABA president, he challenged
President Richard Nixon during the Watergate
investigations, famously declaring "No man
is above the law." Smith was a founder of
the Holland & Knight law firm and named in
Tom Brokow's book, The Greatest Generation,
as "America's lawyer." Three other UF Law
graduates, W. Reece Smith Jr., Talbot "Sandy"
D'Alemberte, and Martha W. Barnett, went
on to serve as ABA presidents, and a fourth,
Stephen N. Zack, is slated to assume the
position of ABA president in 2010.

Hazel Land, the first African-American woman
to enroll at UF Law, graduated.

1974
The Graduate Tax Program begins. Today it
is the college's premier signature program,
with nearly 2,000 American and foreign
graduates. Recognized by tax scholars
and practitioners as one of the best
nationwide, U.S. News and World
Report consistently ranks it as
among the top two.

1982
The Marcia Whitney Schott
Courtyard was named in
her honor with a donation
from her husband, Lewis M.
Schott. Both are 1946
graduates of UF Law.


1969


1984


1984
In response to a 1981 report by the
American Bar Association, which noted "a
critical need for additional space" at the
college, construction on a new commons
building was completed. The building was
named Bruton-Geer Hall, after the parents
of the donors, Judge James D. Bruton Jr.
(a 1931 graduate) and his wife Quintilla
Geer-Bruton. Their gift, $1.1 million, was
combined with state matching funds and
the gifts of more than 780 alumni, friends,
faculty, and students who contributed to
the building campaign to raise $2.2 million.
U.S. Supreme Court Justice William
Rehnquist spoke at the Sept. 15 dedication
of Bruton-Geer Hall.
































1999


2005


1994
Despite its expanded facilities, the law
school still needs more space. Thousands
of volumes are permanently withdrawn from
the Legal Information Center collection due
to a shortage of shelf space. Former UF
Law professor and trustee of the Law Center
Association, Gov. Lawton Chiles, supports the
law school's campaign to raise funds for a
new Legal Information Center.

1999
1961 law graduate Fredric G. Levin gave
the college a $10 million dollar gift that was
matched by $10 million from the state and
immediately moved the college's endowment
into the top 10 of all public law schools in the
nation. The College of Law was named in honor
of Fredric G. Levin.

1999-2003
A critical grassroots effort by alumni
raises $6.3 million for major facilities
construction and remodeling. The
money raised, plus state matching
funds and university matching
funds, provide the $25 million
needed to begin the much-needed
expansion, which was necessary
to retain the American Bar
Association accreditation.
Demolition and
construction of
Holland Hall
begins July
2003.


2008






2005
U.S. Supreme Court Associate Justice Sandra
Day O'Connor spoke at the September
dedication of 11 new classrooms and the
Lawton Chiles Legal Information Center. The
78,000-square-foot law library of 625,000
volumes serves as the centerpiece of the
college's $25 million renovation project, which
was completed in August of 2004.


2006
U.S. Supreme Court Associate Justice Ruth Bader
Ginsburg spoke at the September dedication of
the Chesterfield Smith Ceremonial Classroom. A
close personal friend of Smith, Justice Ginsburg
said Chesterfield Smith was "the most magnetic,
exuberant, irrepressible, altogether irresistible
lawyer" she has ever known. The Chesterfield
Smith Ceremonial Classroom was funded through
a leadership gift from the Holland & Knight
Charitable Foundation Inc.


2008 2009






2008
On Sept. 5, Chief Justice of the United States
John G. Roberts Jr. participated on the judge's
panel for the Justice Campbell Thornal Moot
Court Final Four. His visit was followed by a
Nov. 17 visit by U.S. Supreme Court Associate
Justice John Paul Stevens. Stevens engaged in
a "conversation" with law students, faculty and
staff as part of the Criser Lecture Series.

2009
The college celebrates 100 years of educating
leaders for the state, nation and legal
profession. The Martin H. Levin Legal Advocacy
Center is scheduled to be opened in September.
The impressive stand-alone 20,000 sq. foot
center rising south of Bruton-Geer Hall boasts
a two-story grand foyer and glass entry with an
open staircase. It will house a fully functional
trial and appellate courtroom on the first floor
with a 98-seat gallery, bench for seven judges,
a jury box and attorneys' tables. The courtroom
also accommodates judge's chambers and
a jury deliberation room. The second floor
houses two small classrooms and offices for
retired faculty. Fred Levin, a 1961 alumnus
of the UF law school, contributed $2 million
for the center as the lead gift to the University
of Florida Levin College of Law. In addition to
significant gifts from others, Levin's gift was
matched by the State of Florida Facilities
Enhancement Challenge Grant Program to
bring the total contribution to $5.2 million.


VISIT THE UF LAW TIMELINE


www.law.ufl.edu/history/timeline


U U U L~












O ALUMNI


BY ADRIANNA C. RODRIGUEZ


Stephen N. Zack

HOMETOWN:
Miami, Fla.

DEGREES:
University of Florida, BA
1969; University of Florida,
JD, 1971

FAMILY:
Wife: Marguerite;
Children: Jason, 36, and
Tracy, 33; Grandchildren:
Madison, 7, and Sasha, 1

AREAS OF EXPERTISE:
Complex commercial
litigation, class action suits,
product liability, multi-district
litigation, civil trial law,
eminent domain, corporate
and international law

CURRENT POSITION:
Administrative Partner, Boies,
Schiller& Flexner LLP


hen Stephen N. Zack (JD
71) takes office as president
of the American Bar
Association next year, he
won't be the first Gator to
hold the prestigious office,


but his election will still be
one for the record books.
Zack, who immigrated
to the United States from
Cuba at the age of 14, will be
the first Hispanic-American
president of the ABA in
the organization's 130-year
history.
"It feels a little amazing,"
said Zack of his election. "In
1961 it would probably be the


"The majority of high school students think
the three branches of government are Democrat,
Republican and Independent," Zack said. "This
is very serious because our next generation won't
understand the rights we have and their obligation
to protect them."


"The effect of the

economy on our justice

system sometimes gets

lost in the discussion

of the economy."


last thing that I would have thought possible and
I'm deeply appreciative."
Zack will lead the organization's 410,000
members and nearly $100 million budget in
tough times. His agenda will focus on alleviating
the economic pressures facing the judiciary and
improving civic education.


Zack recalls his days in
grade school when civics
was a required class. He is
concerned by the effects of
the nationwide trend to offer
civics classes as an elective, if
they are offered at all.
In the wake of such
developments, he argues that it
is up to the legal profession to
teach younger generations the
importance of civil rights, the


importance of defending them, and to demand that
civics courses be mandatory so that no high school
student graduates without understanding the basis
of their liberty.
One of his ideas is quite simple: since students
are plugged-in these days, civics must reach them
through technology. After all, he adds, the U.S.


SPRING 2009






.^*rr


Constitution can be downloaded from
iTunes for just 99 cents, so it's not
difficult these days to be like former
Supreme Court Justice Hugo L.
Black, who carried a copy of the U.S.
Constitution at all times.
The second issue Zack will tackle
as president of the ABA is funding the
judiciary.
Zack said that courts, which have been
traditionally underfunded, have been hit
hard by the economic downturn.
"The effect of the economy on our
justice system sometimes gets lost in the
discussion of the economy," he said.
He also worries that inadequate
compensation in both the federal and state
court system is causing some of the best
judges to leave the bench because they
can't afford to be part of the judiciary.
"That's a great loss and one that we
can't get back once they are gone," Zack
said.
He is concerned about improving
citizen access to courts and the fact that
some courts around the country have
had to cut back to working less than a


full week to compensate for the tighter
budgets.
"If we do not adequately fund our
judicial system the fundamental belief in
the rule of law is going to be challenged,"
he said.
Zack's appreciation for the judiciary
and dedication to preserving it is rooted
in his childhood experiences.
"In 1961 the first indication of the
loss of liberty in Cuba was the attacks
on the judiciary. It went downhill from
there," Zack said.
Zack was born in Detroit, Mich.
His parents met while his Cuban mother
was in Detroit to attend the university.
When Zack was two months old his
family moved back to Cuba. He spent
the first 14 years of his life in Cuba and
attended bilingual schools on the island.
His family spoke both English and
Spanish until Castro's regime prohibited
speaking English.
"When you don't even have the right
to speak the language you choose you
never forget it," Zack said.
Zack and his family immigrated to


Miami in 1961. He attended high school
at Miami Beach High School before earning
an undergraduate degree in political science
with minors in comparative religions and
English literature and his law degree from
the University of Florida.
Early in his career, Zack was a
founding member of the Cuban-American
Bar Association. He also served as the
first Hispanic-American president and the
youngest president of The Florida Bar.
He served as Governor Bob Graham's
General Counsel and chaired the State's
Ethics Commission.
Zack was also appointed by Governor
Lawton Chiles to serve on the Florida
Constitution Revision Commission. He
described that experience as one of the
most interesting experiences of his life.
Zack worked with the other members of the
commission reading, reviewing and making
recommendations for revising Florida's
constitution, which were adopted by the
citizens in a state-wide vote.
"All constitutions are only words unless
there is a commitment by the citizens to
accept and defend those rights. The Cuban
Constitution in 1960 was virtually the same
as the U.S. Constitution today," Zack said.
In his acceptance speech of the ABA
presidency, symbolically delivered on
Presidents' Day, Zack recalled that in
difficult times, the county has turned to
its lawyers. He cited Thomas Jefferson,
Abraham Lincoln and Barack Obama as
examples.
In a career spanning nearly four decades,
Zack has never lost sight of attorneys'
responsibility to upholding the laws of
the country. In 2001, Zack served as trial
counsel for Al Gore in Bush v. Gore.
He admonishes young attorneys to
remember, "If you go into the law for
only economic reasons, then you probably
should not be in that profession. There are
easier ways to make more money than the
law," said Zack. "In the long term what's
going to motivate you is that you want to
right a wrong and help society." E


SPRING 2009











O ALUMNI


A TALE OF





Two Charges

BY ADRIANNA C. RODRIGUEZ


Donald D. Slesnick II

HOMETOWN:
Coral Gables, Fla.


DEGREES:
University of Virginia, BA,
1965; University of Florida,
JD, 1968; Florida International
University, MPA, 1980

FAMILY:
Wife: Jeannett; Children:
Donald III (33) married to
Cecilia, and Kathleen (36)
married to Lamar Kauffman
and Granddaughter
Olivia (3) [Both children
have UF degrees]

AREAS OF EXPERTISE:
Labor and
Employment Law

CURRENT POSITION:
Mayor, City of Coral Gables,
Fla.; Managing Partner,
Slesnick & Casey, LLP


an American Bai


on Slesnick (JD 68) still remem-
bers the day he decided to run for
mayor of Coral Gables, his home-
town and a posh South Florida city
of 43,000 residents.
Visiting Philadelphia, Pa., for
Association meeting, Slesnick's


mind was pondering the country's
ture of his own city, 1,200 miles
away, as he sat in Philadelphia's
historic City Tavern. The tavern
had served as the unofficial meet-
ing place of the nation's Found-
ing Fathers during the First Con-
tinental Congress the personal
commitment of these men was
not lost on Slesnick as he consid-
ered their historic course of ac-
tion in writing the Declaration of
Independence.
"I thought if two centuries


past and the fu-


"It's an exciting time because with the new ad-
ministration in Washington trying to be open and
outreaching that's exactly what this panel is about,"
Slesnick said. "The challenge is how do we develop
effective systems to authentically involve the public
in policy deliberations?"
The panel comprised of public officials from
cities across the country, works to improve citizen


"It's not just because
I am mayor and
lawyer, but because
my heart is with my
hometown and the
legal profession."


ago people were willing to lay down their lives to
establish this democracy, then I should, at least, be
willing to make a meaningful political commitment
on hometown issues for which I deeply care."
Slesnick began thinking of challenging the eight-
year incumbent mayor of Coral Gables in the city's
upcoming election. He had big ideas for improving
Coral Gables and decided to give his best effort at
seeing them through.
Back at home and with the invaluable support of
his wife and campaign manager, Jeannett, Slesnick
ran a whirlwind campaign, "idyllic" as he describes
it, and won. That was eight years ago and Slesnick
hasn't stopped working for the residents of Coral
Gables.
This year, he was appointed chair to the National
League of Cities City Futures Panel on Democratic
Governance.


involvement in local government
and facilitate communication be-
tween elected officials and their
constituents. Slesnick explained
this often involves first conduct-
ing opinion polls to understand
which issues most concern resi-
dents. Then, workshops and focus
group sessions are held to delve
further into the core motivations
driving residents' opinions and
thoughts. These activities provide
elected officials with the informa-


tion needed to begin building consensus on the di-
rection the city should be moving.
Building consensus has become especially im-
portant as cities around the country struggle with
shrinking budgets, a stagnant real estate market, de-
clining value of commercial property and a dormant
retail market, Slesnick said. The hard economic
reality is that government revenues are shrinking
as demand for government services continues to
grow.
"People need to get involved and tell us what
services they can live without," he said. "Are they
willing to pay more taxes and keep the services as
they are? If they aren't, which services do they think
should be considered for trimming back?"
Slesnick holds roundtable luncheons with resi-
dents every other month to discuss issues affecting
Coral Gables and its residents. Topics have included


SPRING 2009



















I 1 ii 1.111 .1 1 '. 1. 1 Ill* .1 il Il L I
Il,,,l i nL i l!,. i l.,r, !! l.
I I. .n L ii 1. I, ii. l I .
I .il .11 1 Ill .1 111 .1- I -
l'i J ii. i. 1- !ii l,. l IlL .11I i Ii .!


--- 11 L I. I I I 1





L III 1'L 1i L IIIL i L I Ji


il '[ I tll -1 I .i ii in .1. Il t. i 'lt .I
..i i. .111111' 'I .1 1 .'! -' I i I .. I. i .'!
I [, i. lI. ,! __. i l i l l 1 i !! i ,, [. I






. \ c i I l' .i III l !Il' L. i' i. l i. l l
ii, i i', !. I' irii. l i! ,! I I. .I i !.-! i.
I > .1 t .- i. i l i. i ll I. .i I Ii, .l iL -















I I .I 11 l i I' LI
I.i t .l i l 1.| ., l H.1 LTLL i dl L..
l I 1 1_., 11 L I l I|l_. 1 .. 11 L I .I I I.iiI






J ,H II l i i l.i'i i I 1 .1 1' .I ii. I 1 ,

I i i.i I l .'..i.i L .' I .i I i i i l .i >.'
l111i .1.1 .i .' H.'.i 1 L i i !. .11 I .'-


I 1. I c l I Ii i i. I I ll I. L 1.I1 -



















I i i i LLLL .i I I'lL I Iii L I I .L --
.' i l. I ., l 1. ,1 c. l! l A .l h !.L I .l iL
p !.i l i ll.. l `'. .' _l 'I .i l lil'_' l l 'i l. I "
















.IlI I lil.' llt L, i C .1.l C li .I I





lawyers have is well .suited to helping

















the nation stay on the right course while
L i.lll,. i! .[ *I._! .i n I .i l 1.,i I. h .l .' 1 .1


































transforming into a dynamic, inclusive
21' Century society. '. I*" he said. .l '
,_ 1 .1 -11' l. ll> i l i I.... ll .Il_ .
1'. h.. I !r,..1 I, I ,ii l l I!. l. l li,... l l i ,,l I.
|', ,h .'!! l' .l' [ I i! l 'i .I ,_. I lr l ll' l 1 i I
Il .I. ll ',.' ll. bI, 1. ^L *.!, .lI !. I


la, iers h .a i .l suIted toI ,_lpi.'I ,,


'ansfo ing le. *.i |..nto a,'ynamic inlu.siv













21st Century society,. he said. l


SPRING 2009











O ALUMNI


Crimefighter

BY ADRIANNA C. RODRIGUEZ BY DAY


James "Jay" G.
Trezevant

HOMETOWN:
Tampa, Fla.

DEGREES:
University of Florida,
BS Accounting (Honors),
1983; MA, Accounting,
1987; JD (Honors),
1987; LLMT, 1989

FAMILY:
Wife: Peg, an artist

AREAS OF
EXPERTISE:
Organized crime and
economic crimes,
such as health care fraud,
securities fraud, tax fraud,
and mail and wire fraud

CURRENT
POSITION:
Assistant
U.S. Attorney


Mobsters, murders, tax evasion
and health care fraud, it may
read like the back cover of a
crime novel, but it's just an-
other day at the office for As-
sistant U.S. Attorney Jay G.
Trezevant (JD 87).
"It's as if every day I'm "It's as if
pushed from an airplane with
yards of silk and thread and I have I'm pushed
to fashion a parachute before I hit airplane w
the ground," said Trezevant of
his work. silk and t
Trezevant, who works in the I have to
Middle District of Florida, Tampa
Division, handles cases involving parachute
organized crime and economic
crimes, such as health care fraud, the gr
securities fraud, tax fraud, and -
mail and wire fraud.
"Every attorney in this office is very, very bright
and very, very dedicated," Trezevant said. "We have
the greatest jobs in the world. We get to wake up
every day and throw ourselves into work we are very,
very interested in, the kind of work that, if you were
independently wealthy, you would do anyway just
because it is that interesting."
In his 12 years with the U.S. Attorney's Office,
Trezevant, a quadriplegic since high school, has
earned a reputation as one of the hardest-working
attorneys in the state, prosecuting a slew of criminals
from corporate executives to mafia bosses.
"Jay is a tough, hard-hitting courtroom
advocate," said William F. Jung, Trezevant's friend
and colleague of more than 15 years. "He strikes hard
blows but not foul ones. He is known for his intense
preparation. He gives no quarter in the courtroom and
expects none in return."
Being an assistant U.S. attorney is a 24/7 job for


Trezevant, but he hardly sees it as work.
"Every day I wake up and think, 'I'm excited to
do what I'm doing,' he said.
Among the highest profile cases Trezevant
has prosecuted was that of the infamous New York-


based Gambino

every day
*d from an
ith yards of
read and
fashion a
before I hit
ound."


crime family of La Cosa Nostra,
which was led, at times, by capo
Ronald Trucchio, also known as
"Ronnie One Arm."
In 2004, after years of
investigations, Trezevant's office
secured an indictment against
multiple members of the Gambino
crime family crew, which had
attempted to expand its reach to
the Tampa area, extorting local
valet parking businesses in the
1980s and 1990s.
A case charging John A. Gotti,
also known as "Junior," is one of


the last in the cluster of cases stemming from the
initial 2004 indictment. Trial in the case is currently
scheduled to begin this year on Sept. 14. Trezevant
will travel to Manhattan to try the case in conjunction
with the U.S. Attorney's Office in the Southern
District of New York. A companion case brought by
Trezevant charging additional Gambino crime family
associates has recently been transferred for trial from
the Tampa area to the Eastern District of New York.
That case is scheduled for trial in the summer.
All other Gambino crime family members and
associates indicted in the cases have either pled guilty
or been convicted at trial. Trucchio received a life
sentence after being convicted at trial and is currently
serving his sentence in a federal prison facility.
In another high profile case, Trezevant civilly
prosecuted a whistleblower action on behalf of the
United States against Vencor Inc., a large public
company that operated nursing homes and acute care


SPRING 2009




















I


j


hospitals across the country. That case resulted in a
$104.5 million settlement in favor of the United States.
Trezevant, well-known for his intense and thorough
preparation, spent 18 months combing through many
thousands of pages of documentation before filing
the suit on behalf of the government. Although, he
points out, "When dealing with complex health care
fraud issues, 18 months can go by in a flash."
"Jay is known for carefully pruning potential
defendants, so only the true 'bad guys' face his
professional energy," Jung said. "Jay's paramount
concern, which can be seen in his opening and
closing statements, is that the truth speaks through
his presentation. I have never seen Jay lose a case,
and it is his preparation and high ethical standards
that cause this success."
In speaking about past cases, Trezevant's memory
is impeccable, almost photographic, effortlessly


reciting addresses of individuals whose assets were
frozen due to Medicare fraud, or the spelling of
defendants', attorneys' and investigators' names from
cases he has prosecuted.
"The most important case to any prosecutor is
the case he or she is working on in the moment," he
said.
"As an assistant U.S. attorney, you attempt
to right a wrong, but you can never completely
achieve justice because placing a murderer in prison
doesn't restore life to the person who was killed and
seizing what remains of stolen money and assets
doesn't completely restore the victim organization,"
Trezevant said
Trezevant joined the Tampa U.S. Attorney's
Office in 1997 with the "good fortune of timing"
on his side. He was initially hired and assigned to
handle whistleblower actions in health care matters


SPRING 2009











0 ALUMNI


and cases just after the Health Insurance Portability
and Accountability Act (HIPAA) was enacted, the
Department of Justice was beginning to investigate
I!..i.l 1'.. 'i.l.c actions under HIPAA, and Florida's
c..l.k! i ...Ii..tion was growing.
Despite being enthralled with his job,
the avid Gator fan frequently presents
lectures and leads workshops on
legal issues. It's his way of giving
S back to the profession.
Trezevant also finds time to


volunteer in
his community.
He is chair of
the Hillsborough
County Arts Council and serves
on the board of the ChairScholars
Foundation, an organization that
provides financial assistance
to severely disabled students
across the country so that they
can attend great universities and
reach their maximum potential.
For Trezevant it is a cause close
to his heart.


"My apprc
simply mov
do what I'
and then
out how
with any o
as they a


His own story has been shaped by a diving
accident during his junior year of high school that
left him a quadriplegic. He was fortunate to have
had a supportive family and network of close
friends that helped him deal with the obstacles of his
disability while working to reach his goals. Through
ChairScholars, Trezevant hopes to do the same for
other students facing similar obstacles.
"Every individual has to deal with his or her
own challenges," Trezevant said. "Every individual
faces obstacles. I don't know that my challenges are
any more significant than anyone else's. I have dealt
with mine for so long that it has become somewhat
second nature in my thinking. My approach is to
simply move forward, do what I'm doing, and then
figure out how to deal with any obstacles as they
appear," he said.
During his time at UF, Trezevant's goal was
to work as an attorney, though he first studied
accounting realizing that the knowledge would be
valuable to his legal career. In a decade, Trezevant
earned four degrees from UF: bachelor's and
master's degrees in accounting, a law degree and a
Master of Laws in taxation.
While he had always planned on going into law,
he never thought he would become a prosecutor.
After several years working of counsel in Tampa
to a Jacksonville tax law firm, he decided to take


a 180-degree turn with his career, abandoning his
original vision of a career in a big law firm handling
sophisticated tax transactions for a job at the
Hillsborough County State Attorney's Office as a
trial lawyer. Trezevant never looked back.
"The beauty of law is that you can do so many
things," Trezevant said. "From the outset I thought
I would work in the area of tax, transactional law or
business-related law. It never occurred to me for a
second that I would be a trial attorney."
"Working in the State Attorney's Office was re-
ally just a beginning, no different
ach is to than furthering my education,"
ar he said. A person who readily
e forward) acknowledges enjoying interper-
n doing, sonal communication, Trezevant
Ifgr began his work in the 13'h Judicial
figure Circuit in the early 1990s pros-
to deal ecuting low-level criminal con-
duct and misdemeanors such as
obstacles DUI, petty theft, battery and as-
Spar. sault cases. He found the work to
appear, be unusual and unexpected with
something new each day as he
worked his way up to prosecuting
felonies, such as armed robbery and homicide.
"The court room worked very naturally for me
so I enjoyed it," said Trezevant of the four years
he spent working at the Hillsborough County State
Attorney's Office. It was there that Trezevant
began building a reputation based on meticulous
preparation and masterful courtroom manner.
"Most lawyers that have worked with Jay would
tell you the same thing -he has the rare combination
of dry wit and a passion to prepare. That makes him
a force in the courtroom," said Paul M. Sisco, who
has known Trezevant for 16 years and worked with
him in the state prosecutor's office. "He has been
both my colleague and my adversary in cases over
the years, but he has never been my enemy."
Trezevant enjoys his work at the U.S. Attorney's
Office for much the same reason he enjoyed his
work years ago in the State Attorney's Office:
"There is always something new and challenging."
He is dedicated to his work at the U.S. Attorney's
Office and can't see leaving anytime soon.
"In my mind, there are four things that Jay holds
in the highest regard: his wife, his friends, a well-
prepared case, and an effective Gator game plan-
maybe not always in that order," said Sisco. m
[Editor Note: The views reflected in this story
are solely that ofMr. Trezevant and do not reflect the
point of view of the U.S. Attorney Office.]


SPRING 2009


<,











UF LAW ALUMNI LAURELS


CLASS NOTES


BRUCE H. BOKOR (JD 72), a partner in the Pinellas County-based firm Johnson, Pope,
Bokor, Ruppel & Burns, LLP, was named "Mr. Clearwater" in January for his contributions
to the Clearwater community. The award is the highest honor bestowed by the Clearwater
Regional Chamber of Commerce, and was awarded to Bokor in recognition of his
pro bono tax work on behalf of Clearwater community non-profit organizations.


1959
Robert D. Melton of Orlando, Fla., has
been certified as a member of the Million
Dollar Advocates Forum.

1963
Roland Gomez was honored by the Henry
Latimer Center for Professionalism of The
Florida Bar and the Standing Committee
on Professionalism for acts of outstanding
professionalism.

1964
Gerald F. Richman, shareholder with Rich-
man Greer, PA, has been named to the Most
Effective Lawyers 2008 by the Daily Busi-
ness Review in the class action category.

1965
Leroy H. Moe retired at the end of 2008
after serving 36 years as a circuit judge


SHARE YOUR NEWS The e-mail address to sub-
mit Class Notes news is FlaLaw@law.ufl.edu. You
also can mail submissions to: UF Law Magazine,
Levin College of Law, University of Florida, P.O.
Box 117633, Gainesville, FL 32611. If you wish
to include your e-mail address at the end of your
class note, please make the additions to the class
note and provide permission to print.


in Broward County, Fla. When he retired,
Judge Moe was the senior circuit judge
in Florida.
Alan J. Rubinstein has been selected for
Best Lawyers in America for more than 20
years and has been named as a top at-
torney in Florida for 2009 by Florida Super
Lawyers magazine. He has received that
distinction for more than 10 years.

1968
Charles L. Brown has retired as circuit
court judge for the 10th Judicial Circuit of
Florida. Judge Brown was elected to the
Polk County court in 1996 and appointed
to the circuit court in 2000. He will con-
tinue to serve as a senior judge.

1969
Alan G. Greer, a shareholder with Richman
Greer, PA, has been named to the Most Ef-
fective Lawyers 2008 by the Daily Business
Review in the regulatory litigation category.


Bennie Lazzara, of Wilkes & McHugh,
PA, along with firm attorney Jim Free-
man, secured $65 million in damages
in a personal injury lawsuit against a
trucking company at fault in an accident
that left the 21-year-old victim with
brain damage. It is believed to be one
of the largest verdicts in Polk County,
Fla., history.
Donald D. Slesnick II, mayor of Coral
Gables, Fla., has been appointed to chair
the National League of Cities (NLC)
CityFutures Panel on Democratic Gover-
nance in 2009.

1971
W. C. Gentry was honored as the Jackson-
ville Daily Record Lawyer of the Year. The
award has honored 22 previous recipients
and was first given in 1986. The award
is given each year to a lawyer who has
made a difference to the Jacksonville
community in terms of the profession
and in impacting the lives of people.


SPRING 2009











CLASS NOTES


1973
Circuit Judge Bruce W. Jacobus was
named Trial Judge of the Year by the
Central Florida Chapter of the Ameri-
can Board of Trial Advocates (ABOTA).
The award honored Judge Jacobus for
exemplifying the highest ideals of the
judiciary.
Gerald A. Rosenthal, senior partner of
Rosenthal, Levy & Simon, PA, in West
Palm Beach, Fla., has been named to
The Best Lawyers in America 2009 for
the 15th consecutive year. He was also
inducted into the College of Workers'
Compensation Attorneys.


Lawdragon magazine listed him as one
of the "Leading Litigators in America" in
2006. Cunningham was also one of
the lead counsels in a case against
Ineos Americas LLC and Ineos Phenol
for $192 million in compensatory dam-
ages. The verdict, recently upheld by
the circuit court in Mobile, Ala., stands
as one of the top 10 verdicts awarded
in the country in 2008.


1975
Marva L. Crenshaw was appointed to
the 2nd District Court of Appeal by Gov.
Charlie Crist.


1974


LE LIF I. LO)TT I.) L) t4, ftInding pai t-
11 O Ltitt & Fi wdlind, 11N wa li-itle
by \\Oili tif~ 4 i nit ii it-li N kntt li andj


\A\jid In rico-l-nitit-i ti ho I pi t-,
li al~ wt-li k ft-li the tl i -aiizatit-li.


Robert T. Cunningham Jr., of Cunning-
ham Bounds, LLC, was named the
"Mobile Best Lawyers Personal Injury
Litigator of the Year" and has been
named to Lawdragon magazine's es-
teemed "500 Leading Lawyers in Ameri-
ca 2008" for a second time. In addition,


Wayne E. Flowers, shareholder
at Lewis, Longman & Walker, PA,
gave a presentation to the Volusia
County Association for Responsible
Development on the relationship be-
tween Volusia County's manatee protec-
tion plan and the state's requirements


for permitting marinas on March 20,
2009, in Daytona Beach, Fla. He also
presented "Florida Department of Envi-
ronmental Protection and St. Johns River
Water Management District Wetlands
Permitting Issues" in Jacksonville,
Fla., as part of a Lorman Education
Services seminar entitled "Wetland
Regulation in Florida."


1976
Michael J. Dewberry, rejoined Rogers
Towers, PA, of Jacksonville, Fla., and
will practice in the business litigation
department.


1977
Kenneth J. Hirsh has been appointed
the director of the law library and
information technology, and clinical
professor of law, at the University of
Cincinnati College of Law. Previously, Hirsh
had been director of computing services at
the Duke University School of Law.
Charles S. Modell was named by Minne-
sota Law & Politics Magazine as a Super
Lawyer in 2008 for his work in franchise
law, and as a Top 100 Super Lawyer in
the state of Minnesota. He was also rec-
ognized in the 2009 international Who's
Who in Franchising Law.
Dennis Wall of Winter Springs and Orlando,
Fla., has written "CAT Claims: Insurance
Coverage for Disasters." The third edition
of his book Litigation and Prevention of
Insurer Bad Faith has also recently been
published.


Jacobus 73 Rosenthal 73


Cunningham 74 Flowers 75


Dewberry 76


Wall 77


SPRING 2009











ALUMNI 0


Brad Fallon (JD 97)

Internet entrepreneur finds law degree an asset

BY SPENSER SOLIS

Despite having never practiced law, Internet entrepreneur Brad Fallon (JD 97) has
found plenty of opportunities to put his degree to use.
"It comes up all the time in business," Fallon said. "I often say that I would
recommend that people go to law school 10 times before they get an MBA."
Fallon has started several successful online businesses, including KateAspen.com,
MyWeddingFavors.com, StomperNet and Free IQ. After he founded his first company, an
online network of wholesale and retail businesses called Smart Marketing Inc., Fallon's law
degree came in handy when one of his competitors copied all 10 of his products.
"I'm in federal court trying to get a TRO (temporary restraining order) to enforce our
copyright on some of our designs the month after we started our wholesale company,"
Fallon said.
As a businessman, Fallon has come into contact with everything from employment law
to intellectual property and contract law.
"It's hard to think of an aspect of the law that we haven't had dealings with."
Fallon, who describes himself as a "serial entrepreneur," started in sales and had several
small businesses for five years before attending law school. Fallon's real-world experience
prepared him for the amount of work law school required.
"I was in first semester classes with a bunch of people just out of college who were
complaining about the workload," Fallon said. "I had just come from a small business
working 80 hours a week and struggling to make payroll."
After graduating second in his class from UF Law, Fallon was faced with a tough
decision: take on a coveted position as a clerk for a federal judge or work in a more lucrative
sales job.
Fallon found the sales job, which paid three times as much as the largest law firms at the
time, simply too enticing to resist.
"For the income, going back to sales paid a lot better," he said. "And it seemed to be
a more direct route to entrepreneurism and owning a business, which is what I'd always
wanted to do long-term."
For Fallon, the Internet has proven to be an effective medium to practice business that
has enabled him to succeed in ways that weren't previously possible.
Fallon founded MyWeddingFavors.com in an Atlanta basement in 2004 with a
$50-per-month Yahoo! Store. In its first year, the company sold more than $1 million.
The next year, Fallon and his wife started their own line of wedding favors and
began manufacturing overseas and supplying all of their competitors. With the wholesale
company, Kate Aspen, sales exceeded $18 million by the fourth year.
"We decided that there were a lot of people like us that wanted to start a business and
run a Web site from home or their kitchen table and not have to buy inventory until they'd
already sold it," Fallon said.
Fallon attributes his ability to find entrepreneurial opportunities to a decade-and-a-
half of working in several different industries. He recommends that law students who are
interested in becoming entrepreneurs consider working in business during the summers.
"The trick is to figure out what kind of business you want to own and build the
business. That's the best way to make money currently in this country." .


"I would recommend
that people go to law
school 10 times before
they get an MBA."


SPRING 2009











CLASS NOTES


1978
Robert E. Holden, of Liskow & Lewis in
New Orleans, La., was named to the
Louisiana Super Lawyers 2009.
Scott N. Richardson of Scott N. Richard-
son, PA, participated as a visiting professor
of law through the Center for International
Legal Studies in Salzburg, Austria. Under the
auspices of CILS, he has taught courses in
white collar crime at Vytautus Magnus Uni-
versity School of Law in Kaunas, Lithuania,
in 2006, in the American legal system at
Ukrainian Academy of Customs in Dnepro-
petrovsk, Urkraine, in 2007 and in American
criminal law and procedure at Novosibirsk
State University in Novosibirsk, Russia,
in 2008.


1979
John J. "Jeff" Scroggin, AEP JD,
LLMT, was elected chairman of the
Friends of Barrington Hall Inc. He
also authored "Estate Planning It's
All About Your Legacy," which was
published in the Wall Street Journal.
Scroggin was also selected as a
Georgia Super Lawyer for 2009.


1980
Philippe Jeck, of Jeck, Harris, Raynor &
Jones, PA, has been elected treasurer of
the Palm Healthcare Foundation, Inc. He
also serves on the foundation's executive
committee.


Richardson 78


Menor 80


Arthur J. Menor, a partner at Shutts &
Bowen in West Palm Beach, Fla., was
elected to the American College of Real
Estate Lawyers (ACREL).
Steve Seibert is the senior vice president
and the director of policy for the Collins
Center for Public Policy.


Vee Leonard (JD 99)

Blazing new trails on the non-traditional legal path

BY ANDRE SALHAB


V ee Leonard (JD 99) didn't travel down the path
most would call a typical road to law school.
She got off the highway and waited a bit before
getting back on.
At the age of 37, Leonard went back to school to
finish her bachelor's degree at the University of Central
Florida. She earned a degree in legal studies and said
her professor continuously tried to get her to attend law
school.
"I had no plans to go to law school," said Leonard,
who never had aspirations as a child to be a lawyer.
"But while I was at UCF, most of my professors asked
me, 'are you going to law school?' and I told them that
I was just here for that little piece of paper."
That would soon change. After working as a
paralegal for a year or so, one of her professors called
and told her it was time for her to apply to law school.
And she did.
"I liked learning; it is just very stimulating," said
Leonard, who is general counsel at Florida Gulf Coast
University. "Some people say (law school) is the worst
three years of their life, but for me it wasn't. I just loved
it. ... It was strenuous, I wouldn't say it was hard, but it
was a lot of work."
Nothing was more difficult, though, than the trials


and tribulations of Leonard's life experiences. After she
and her first husband divorced, Leonard struggled as
a single mother to support three children. She said she
reached one point where her family was living on food
stamps.
"Sometimes I would go to places that passed
out food and stood in line. We just didn't have any,"
Leonard said. "Things were hard."
Adulthood wasn't the first time she experienced
hard times. Looking back on her childhood, Leonard
said she hadn't realized that she was poor. Her father
passed away when she was young, but her mother
always managed to take care of the family's needs, and
Leonard said she never noticed the economic hardships
and said she had a happy childhood.
Now, as a wife, a mother of five children and the
grandmother of five grandchildren, Leonard hopes her
children and others can learn from her life lessons.
She makes every effort to continue to grow and learn,
as well as to encourage others to always reach toward
their aspirations.
"I didn't go to law school until I was in my mid-
to-late 30s," Leonard said. "If you want it bad enough,
there is a way to get whatever it is you want. You just
have to be focused." 0


SPRING 2009


I I











ALUMNI 0


Michael E. Kinney (JD 94)

Alumnus prevails in Supreme Court of Virginia

BY SPENSER SOLIS
Michael E. Kinney secured a landmark ruling from the Supreme Court of Virginia in
an international child abduction case recognizing the fugitive disentitlement doctrine
for the first time in Virginia's history. That doctrine holds that a fugitive from justice
"cannot seek relief from the same judicial system whose authority he evades."
Kinney, an attorney at Hunton & Williams LLP in McLean, Va., and litigation partner,
Stephen M. Sayers, accepted the case pro bonopublico after the client had exhausted her
financial resources in litigation involving the physical custody of her 3-year-old son.
The legal dispute began when the mother's ex-husband, a Mexican citizen, prevented Kin-
ney's client from returning with their son to the United States from a temporary sojourn in Spain.
"When my client discovered her husband's intention to reside permanently in Spain,
instead of returning together to the United States as they had agreed, she was astonished.
When she confronted him, he said, 'You're stuck here,' "Kinney related.
Her husband then hid the child's passports and cut his wife off from her financial resources.
After the U.S. Consulate issued an emergency, replacement passport for her son, Kin-
ney's client was able to leave Spain, and returned with her son to Fairfax, Va. Her husband
filed a petition under the Hague Convention on the Civil Aspects of International Child
Abduction, a treaty to which the United States and Spain are signatories. The General Dis-
trict Court of Fairfax County initially granted the petition and permitted the child's return
to Spain. That decision was subject to de novo retrial in the circuit court, however, under
Virginia's two-tier trial system in matters involving a child.
"Ultimately the circuit court ruled against the father and required him to return the child
to the United States for further proceedings," Kinney explained. Although he appealed the
circuit court's order, the father did nothing to suspend enforcement of those orders pending
his appeal.
"He simply disobeyed the Court's orders," Kinney said. "The Hague Convention issues
were new to me, but we regularly practice in appellate courts," Kinney said. "It seemed to
us that we were more concerned with issues of appellate procedure and, most importantly,
the rule of law."
Kinney first filed a motion to dismiss the husband's appeal on the basis of his fugitive
status with the Court of Appeals of Virginia. That court granted the motion, applying the fu-
gitive disentitlement doctrine for the first time in Virginia. On Oct. 31, 2008, an unanimous
decision of the Supreme Court of Virginia affirmed the Court of Appeals.
That decision sends an unambiguous message to litigants in Virginia courts. "Any liti-
gant who wants to be heard by a Virginia appellate court must be in compliance with the
trial court's order," Kinney said.
Kinney attributes his interest in appellate practice to experiences as a judicial law clerk
for Judge Earle Zehmer with the Florida First District Court of Appeals.
"Judge Zehmer always stressed the importance of counsel's preparation for oral argu-
ment," Kinney recalled.
Kinney urges future lawyers to pursue areas of law that most interest them, but to be
open to unexpected opportunities.
"Every case raises something new and you're given opportunities to educate yourself
on different areas of the law, and different aspects of human experience." m


"It seemed to us
that we were more
concerned with issues
of appellate procedure
and, most importantly,
the rule of law."


SPRING 2009











CLASS NOTES


GREGG S. TRUXTON (JD 80), a
principal in the Fort Myers, Fla., office
of Bolanos Truxton PA., has been
appointed by Gov. Charlie Crist to the
Affordable Housing Study Commission.


1981
Luis A. Abreu has been selected by
Virginia Business magazine as one of
Virginia's Legal Elite for his practice in
family law. He has received this honor for
the past seven years.
Judge Nelly N. Khouzam was appointed
by Gov. Charlie Crist to the 2nd District
Court of Appeal. Prior to joining the 2nd
District, she served for 14 years as a
circuit court judge in the 6th Judicial
Circuit, which is comprised of Pinellas
and Pasco counties in Florida.
The Hon. Martha Ann Lott has been
elected chief judge of the 8th Judicial
Circuit.

1982
Terence J. "Terry" Delahunty Jr. has
joined the Orlando, Fla. office of GrayRob-
inson, PA. as a shareholder in the real
estate practice group. Delahunty is the
first LEED accredited professional to
join the firm. Prior to joining GrayRobin-
son, Delahunty owned a private commer-
cial real estate practice for 24 years,


Rosen 82 Dellecker 83


where he specialized in real estate devel-
opment, land use, mortgage financing,
commercial real estate transactions and
title insurance.
Linda R. Getzen was elected president of
the Girl Scouts of Gulfcoast Florida for a
second two-year term.
Joel D. Rosen, Esq., a partner at High
Swartz LLP in Norristown, Pa., has been
elected chairman of the board of the
Hepatitis B Foundation, located in
Doylestown, Pa.

1983
Robert H. Dellecker, a partner with the
law firm Dellecker, Wilson, King, McKen-
na & Ruffier, has been elected president
of the board of directors for the Central
Florida Division of the March of Dimes
Florida Chapter.
David C. Willis, a partner with Rum-
berger, Kirk & Caldwell, PA, has been
appointed vice chair of the Business
Litigation Certification Committee of
The Florida Bar for the term of July
2009 to June 2010.


Willis 83 Leighton 85


1


Vasilinda 85 Brickman 86


SPRING 2009


1984
Ronald Levitt (LLMT), of Sirote & Permutt,
was selected as a "Top Attorney" by Bir-
mingham Magazine.

1985
Mark W. Klingensmith was elected
chairman of the Martin County Republican
Party in December 2008. In March
2009, he was elected as vice mayor of
Sewall's Point, Fla.
John Elliott Leighton has launched a new
firm, Leighton Law, PA. The Miami trial
firm specializes in catastrophic personal
injury, wrongful death and violent crime/
inadequate security litigation. Leighton was
formerly senior partner in Miami's Leesfield
Leighton & Partners, PA. Leighton was also
recently re-elected as chairman of the Acad-
emy of Trial Advocacy, a national invitation-
only association of the nation's leading
catastrophic injury trial lawyers. Leighton's
two-volume treatise, Litigating Premises
Security Cases, was recently published by
Thomson-West.
Michelle Rehwinkel Vasilinda, a professor
of legal studies at Tallahassee Community
College, was elected to the Florida House of
Representatives from District 9 in Tallahas-
see, which represents parts of Leon and
Jefferson counties.

1986
Jeffrey Brickman has been named
a partner at Ballard, Spahr, Andrews
& Ingersoll, LLP where he specializes
in state and federal criminal defense.
Prior to joining Ballard Spahr, he
served as district attorney for DeKalb










ALUMNI O


Zainabu Rumala (JD 06)

Knows a thing or two about staying focused

BY SPENSER SOLIS

y age 12, she was enrolled in college courses, by 18, she'd received a
bachelor's degree and by 22 she'd graduated from law school. In her current
position as a law clerk with Florida Supreme Court Chief Justice Peggy
Quince, Rumala shows few signs of slowing down.
Rumala, who grew up in Hernando County, attributes much of her success to her
faith, having a good support system of family and friends and the activities that she
participated in while growing up, such as Presidential Classroom, the Florida Senate
Page program, the Duke Talent Identification Program and the Thurgood Marshall
Achievement Society.
"It was always of utmost importance to my family and I that I pursue higher
education, especially being a woman and being a minority," she said.
Rumala fondly recalls her experience at Hemando Christian Academy, which
she attended from first grade through her senior year of high school.
"School was like a second home to me because I became so familiar with the
people there," she said.
At age 16, Rumala enrolled at the University of Florida, where she majored in
exercise and sports science. Her parents were comforted by the fact that Gainesville
was only an hour-and-a-half away from home.
Nevertheless, Rumala enjoyed the independence that college provided her. As an
undergraduate, the age gap between her and other students wasn't of much concern,
she said.
"Although I was taking junior and senior courses, the other students I was living
with were 17 and 18."
Throughout her college career, Rumala made an effort to be well-rounded and
pursue activities that she found interesting. While in law school, she became a member
of the Journal of Technology and Law Policy (JTLP) and the Justice Campbell Thornal
Moot Court Team. She also traveled to Vienna as a member of the International Com-
mercial Arbitration Moot (ICAM) and participated in a study abroad trip to South Africa
after her 1L year.
"I believed it was important for me to immerse myself in different environments, not
only for the cultural learning aspects, but also to gain an understanding of the interpreta-
tion of the law in other countries."
Rumala has recently completed a two-year clerkship at the Florida Supreme
Court with Justice Barbara Pariente. While Rumala's current position as a staff
attorney for Chief Justice Quince is challenging, she loves what she does.
"Our main task is to research and analyze a variety of legal issues and assist in
the drafting of opinions and orders for the court," she said.
Rumala, who received a Master of Science in Business Administration between
her undergraduate studies and law school, has considered a future career in public
service and commercial litigation.
"With a legal degree, the career possibilities are endless because the law
permeates every aspect of our lives," she said. "I truly enjoy being a member
of the legal profession. m


"It was always of
utmost importance
to my family and I
that I pursue higher
education, especially
being a woman and
being a minority..."


SPRING 2009











CLASS NOTES


NORMA STANLEY (LLMT 91), a
partner with the law firm of Lowndes,
Drosdick, Doster, Kantor & Reed, has
been selected by Worth magazine as one
of its Top 100 Attorneys, as listed in the
December/January 2009 issue. I


County, Ga., and assistant U.S. attorney
for the Northern District of Georgia, and
an assistant district attorney for DeKalb
County, Ga., Jeffrey was named a Georgia
Super Lawyer from 2006-2008.


1988
Jacqueline Bozzuto, a partner with the law
firm of Lowndes, Drosdick, Doster, Kantor
& Reed, was honored for the eighth time by
her client OSI Restaurant Partners (Outback
Steakhouse, etc) as "Purveyor of the Year."

1989
Brian Feldman has joined Allison &
Partners in its senior leadership team.
The Hon. Joe H. Pickens became the
president of St. Johns River Community
College in November.
Mark. E. Stein, a shareholder with the
intellectual property law firm, Lott &
Friedland, PA, in Coral Gables, Fla., pre-
sented "Security Interests in Intellectual
Property" at The Florida Bar UCC Article
9 Seminar on Feb. 12-13, 2009, in
Tampa and in Miami, Fla.


Bozzuto 88 Stein 89


Chuck Tobin, partner and chair of the
firm's national media practice team in the
Washington office of Holland & Knight, has
been designated chair-elect of the Ameri-
can Bar Association's Forum on Communi-
cations Law. Tobin will chair the forum for
the 2010-2011 term. He also serves as a
senior editor of Litigation, the journal of the
ABA Section of Litigation.
J. Kim Wright has launched a new Web
site at http://cuttingedgelaw.com. The site
touts itself as "A Movement. A Magazine.
A Community. A Documentary," and is
focused on "New Lawyers Practicing Col-
laborative Law, Mediation, Holistic Law,
Therapeutic Jurisprudence and Restorative
Justice." In the inaugural issue, Susan
Daicoff (JD 83), David Utter (JD 89), and
Larry Krieger (JD 78) are featured, along
with UF Law faculty member Len Riskin.


1990
Steven Bernstein has been appointed
regional managing partner of the Tampa,
Fla., office of Fisher & Phillips LLR
Edwin A. Steinmeyer, a shareholder with
Lewis, Longman & Walker, PA, presented


Beiley 91 Tucker 91


"Sovereign Lands, Aquatic Preserves and
Outstanding Florida Waters" at the
Marine Shoreline Development & Per-
mitting workshop on Dec. 10, 2008.
Steinmeyer is also program co-chair.


1991
Steven L. Beiley, a partner with the
Coral Gables-based law firm of Adorno
& Yoss, a top five law firm in south
Florida, has been elected chairman of
the newly-established Community
Foundation of Pinecrest.
John V. Tucker of Tucker & Ludin, PA, in
Clearwater, Fla., presented "ERISA liens
- identifying pit falls and recognizing
opportunities" at the Florida Justice As-
sociation 2009 Collateral Source Semi-
nar in Orlando, Fla. He also presented
"ERISA Employee Benefit issues in
severance and termination claims -
How to steer clear of the pot holes!" to
the Labor and Employment Section of
the Jacksonville Bar Association.


1992
Frank M. Petosa has joined Rosenthal,
Levy & Simon, PA, in its West Palm
Beach, Fla., office. He will head the
firm-wide medical malpractice and
nursing home neglect department.


1993
Perry W. Doran II has been named a
partner at Vorys, Sater, Seymour and
Pease LLP, in the firm's Columbus,
Ohio, office.


Petosa 92 Doran 93


SPRING 2009










ALUMNI 0


Penelope Bryan (JD 81)

Whittier College announces new dean for the law school


Following an extensive, national search, Whittier College President
Sharon Herzberger announced in February that Penelope Bryan (JD 81)
has been appointed dean of Whittier Law School, effective July 2009.
Bryan will succeed the current dean, Neil H. Cogan, who has helmed the law
school for the past eight years. Whittier is located in Whittier, Calif.
"Penelope Bryan's vision for the advancement of Whittier Law School,
her strong work ethic, her experience in both academia and as a practicing
attorney, and her 'can do' approach to seizing opportunity made her an
outstanding candidate for dean, and the top choice among our search
committee," said Herzberger. "I am confident she will take advantage of
the many strengths and resources of both the law school and undergraduate
campuses, build programs to provide the best possible educational experiences
for our students, and make strong connections with and among our more than
4,000 law school alumni. I look forward to working closely with her as we
usher in this new era of leadership and further Whittier Law School along its
current, successful trajectory."
An expert in family law, child custody, and dispute resolution, Bryan is
going to Whittier from the University of Denver Sturm College of Law, where
she serves as professor of law and associate dean for academic affairs. During
her two-decade tenure at Sturm, Bryan has expanded and refined the school's
well-known Lawyering in Spanish, Environmental and Natural Resources
LLM, and MS in Legal Administration programs. She has led outreach
initiatives to Latin America and guided the development of international
opportunities for law students. In addition, she successfully encouraged
Sturm's faculty to integrate experiential educational opportunities into
traditional law classes, and led the strategic planning and assessment process.
Prior to her entry into academia, Bryan was a practicing attorney in
Florida, and she remains a member of The Florida Bar and American
Bar Association. For the last seven years, she has served as an expert
consultant in numerous complex family law cases. Among her various
publications, she authored a book, published in 2006 by the American
Psychological Association, which uses sociological research and theory to
justify procedural reforms that promise to mitigate the dysfunctional results
produced by the current family law system. Bryan holds an undergraduate
degree from Rollins College, and a master's degree and JD from the
University of Florida. m


"Penelope Bryan's...strong
work ethic, her experience
in both academia and
as a practicing attorney,
and her 'can do' approach
to seizing opportunity
made her an outstanding
candidate for dean..."


SPRING 2009










0 ALUMNI


"I am thrilled to be
joining the faculty at
UK Law and leading the
law school as it embarks
on a mission to expand
an already superb legal
education program "


David A. Brennen (JD 91, LLMT 94)

UF alum named law dean at Kentucky
BY SPENSER SOLIS
avid A. Brennen (JD 91, LLMT 94) has been named dean of the University
of Kentucky College of Law.
Brennen co-authored Tax Law of Charities and Other Exempt
Organizations (Thomson/West) with UF Law Professor Steve Willis and two others.
He was a speaker at the UF Nelson Symposium in 2003 and spoke on a Center for
the Study of Race & Race Relations panel at UF in 2002. He also published in the
Florida Tax Review in 2002.
Brennen is going to the University of Kentucky from the University of Georgia
School of Law, where he has been a professor since 2006. He is also the deputy
director of the Association of American Law Schools (AAL S), completing the last
leg of a two-year term. In addition to more than 15 years of classroom experience,
Brennen is regarded as an innovator in the field of nonprofit law. He is a co-
founder and co-editor of Nonprofit Law ProfBlog, founding editor of Nonprofit
and Philanthropy Law Abstracts, co-founder of the AALS Section on Nonprofit
and Philanthropy Law and a co-author of one of the first law school casebooks on
taxation of nonprofit organizations.
Spending time both as an educator and a legal scholar, Brennen
i-! ings a wealth of knowledge and experience to the position
f dean. Brennen received his bachelor's degree in finance
from Florida Atlantic University and his law degree from the
University of Florida College of Law, where he also received
his LLM in tax law. In 2002, Brennen was elected to the
American Law Institute where he is an adviser on its project
titled, "Principles of the Law of Nonprofit Organizations."
He is an active member of the Florida Bar Association.
Brennen has served in leadership roles with AALS and the
Society of American Law Teachers.
"I am thrilled to be joining the faculty at UK Law
and leading the law school as it embarks on a mission
to expand an already superb legal education program,"
said Brennen. "Despite the current fiscal challenges,
the future is very bright. There are opportunities
for increased interdisciplinary activity, expanded
curricular options and improved physical facilities.
I also expect that UK Law will continue to have a
positive influence on legal developments in all spheres
locally, nationally and worldwide. I am honored to
have the opportunity to serve as dean at such a burgeoning
legal institution." m


SPRING 2009











CLASS NOTES


1994
Julian "Jay" Fant has been elected board
chairman of First Guaranty bank in
Jacksonville, Fla. He succeeds his father,
Julian "Hickory" Fant, who held the posi-
tion of chairman since 1971.
Gregorio "Greg" Francis, of Morgan &
Morgan, PA, has been appointed by Gov.
Charlie Christ to the 9th Circuit Judicial
Nominating Commission. His term began
Jan. 27, 2009, and ends July 1, 2012.
Barry Goldsmith has become a member
of Womble Carlyle Sandridge & Rice
PLLC, in the firm's Tyson Corner, Va.,
office.
Bill Guthrie joined the national Golf &
Resort Industry Team at Foley & Lardner
LLP, in the firm's Orlando, Fla., office.
Guthrie joined the firm as a partner.
Michael E. Kinney successfully argued
Sasson v. Shenhar, an international ab-
duction case, before the Supreme Court
of Virginia. In the landmark ruling, the
court recognized the fugitive disentitle-
ment doctrine as a fixture of Virginia law.


1995
Scott D. Piper, founding partner of Piper
Schultz LLP, has merged his labor and
employment law practice with Harris
Beach PLLC of New York. He joins Har-
ris Beach as a partner in the Labor and
Employment Law Practice Group.


MICHAEL CAVENDISH (JD 98),
shareholder and litigation attorney with
Gunster Yoakley, has been unanimously
elected vice chairman of the Jacksonville
Tranlspol tationl Althor it\ 01 2l) ..


1996
Dan Bachrach joined the national Golf &
Resort Industry Team at Foley & Lardner
LLP, in the firm's Orlando, Fla., office.
Guthrie joined the firm as a partner.
Joanne M. Prescott was been elected
to serve on the executive council of the
Workers' Compensation Section of The
Florida Bar.
Stephanie Roberts has become a
member of Womble Carlyle Sandridge
& Rice PLLC, in the firm's Winston-
Salem, N.C., office.


1997
Nicole L. Goetz of Naples, Fla., and
David L. Manz of Marathon, Fla., re-
cently co-authored an article "A Brave
New Frontier: The Equitable Distribution
2008 Legislative Changes," published


in the Florida Bar Journal, December
2008. Goetz is managing shareholder of
Asbell, Ho, Klaus, Goetz & Doupe, PA,
and co-chair of the Equitable Distribution
Committee of the Family Law Section for
The Florida Bar.
Jason Lazarus was named partner
at Holland & Knight LLP.
Thomas Levy has been named of
counsel in the tax department in the
Los Angeles, Ca., office of Jeffer
Mangels Butler & Marmaro, LLP.
Levy's practice concentrates on the
tax aspects of asset acquisitions and
dispositions, investment funds, entity
formation, business succession
planning and estate planning.
Virginia Baker Norton was elected
circuit court judge, group 28, for the
4th Judicial Circuit, which includes the
north Florida counties of Clay, Duval
and Nassau.


Kinney 94 Piper 95


Fant 94


SPRING 2009


Prescott 96 Goetz 97


Levy 97












CLASS NOTES


JEANNINE SMITH WILLIAMS
(JD 99) was recently named a 2008 1
Up & Comer by the Tampa Bay Business
Journal. She is president of the St.
Petersburg Bar Association.


Peter Schoemann (LLMT) has been
named partner at Broad and Cassel in the
firm's Orlando, Fla., office.


1998
Carter R. Brothers (LLMT) was elected
member of Spilman Thomas & Battle
PLLC. He practices estate planning and
administration, taxation, bond finance, and
corporate law in the Roanoke, Va., office.
Kenneth Dante Murena was recently
named partner at the law firm of Damian
& Valori LLR
Harvey E. Oyer III, a partner in the West
Palm Beach, Fla., office of Shutts & Bowen
LLP has been elected to the board of
directors of the Chamber of Commerce
of the Palm Beaches. He also delivered a
lecture on "Trade in Antiquities: U.S. and
International Law and Policy," April 3,
2009, at Vanderbilt University Law School
in Nashville, Tenn. It was the second time
he has been invited to deliver a lecture at
the law school.
David Seifer and his wife, Rachel Klein
Seifer, welcomed their third child, Amanda
Blair, on Jan. 27, 2009.


Schoemann 97


1999
Jason Z. Jones was elected partner in
the Restructuring & Bankruptcy Group
of Jones of Bilzin Sumberg Baena Price
& Axelrod LLP.
James A. Stepan has been named
partner at Feldman Gale.


2000
P. Alexander Gillen has joined the
Didier Law Firm, PA, as a partner.
The practice, based in Orlando, Fla.,
represents consumers against manu-
facturers in a broad range of product
liability cases.
William R. Ponall, an associate with
Kirkconnell, Lindsey, Snure & Yates, in
Winter Park, Fla., was recently board
certified in criminal appellate law by
The Florida Bar. There are currently
only 57 other attorneys in Florida who
share this designation.
Craig M. Stephens (LLMT) of Sirote &
Permutt, was selected as a "Top Attor-
ney" by Birmingham Magazine.


iviurena yo


uyer ae


Making the list

(Note from the editor: The individuals
below self-reported their selections to
the following lists.)

Chambers USA 2008
Charles S. Modell (JD 77)

Florida Trend Legal Elite/ Up & Coming
Glenn J. Waldman (JD 83)

The Best Lawyers in America 2009
Jacqueline Bozzuto (JD 88)
John M. Brumbaugh (JD 70)
Julia L. Frey (JD 82)
Richard J. Fildes (JD 77)
Alan G. Greer (JD 69)
Charles H. Johnson (JD 74)
Kimberly L. Johnson (JD 81)
Hal Kantor (JD 72)
James L. Leet (LLMT 81)
Michael A. Levey (LLMT 83)
Charles S. Modell (JD 77)
Nicholas A. Pope (JD 76)
Gerald F. Richman (LLB 64)
Gary R. Soles (JD 86)
Norma Stanley (LLMT 91)
John "Jay" White III (JD 83)
Terry C. Young (JD 75)

Florida Super Lawyers 2008
R. Scott Costantino (JD 88)
Glenn J. Waldman (JD 83)

2009 South Florida Legal Guide
"Top Lawyers"
John M. Brumbaugh (JD 70)
Melissa Fernandez (JD 03)
Alan G. Greer (JD 69)
Leslie J. Lott (JD 74)
Gerald F. Richman (LLB 64)


Jones "y


umllen uu


SPRING 2009











ALUMNI 0





J.J. Wilson (JD 07)

Becoming a legislative correspondent

BY IAN FISHER


her landing a competitive job with a United States senator.
Wilson serves as a legislative correspondent and staff attorney for
Senator Arlen Specter, from Pennsylvania.
"When I applied to law school I did so with the intent of becoming an NCAA
compliance officer for a collegiate athletic program," Wilson said. "However,
it is very easy to get caught up in 'iLism' and so I found myself looking more
to public interest law. After interviewing with various government agencies in
Florida, I found myself looking more and more to 'the Hill.' "
But landing a job with a United States legislator is not easy, especially when
you don't live in D.C., Wilson said. So, she took the daring step of moving to
Washington, D.C., without a job. She noticed the position with Specter while After interviewing with
browsing the online Senate Employment Bulletin. More than 100 people applied various government
for the job, Wilson said, but the research and writing skills she learned in law V IOu g
school gave her the competitive edge. agencies in Florida, I found
Wilson has a number of duties in her position. She serves as a liaison between
Specter and his constituents, handling requests, complaints and concerns with myself looking more and
her legislative portfolio, "which includes business issues, financial services, more to 'the Hill.'"
social security, tax reform, and telecommunication issues," she said. She also
tracks legislation related to her portfolio and writes memorandum on bills, which
includes making policy recommendations.
The recent $700-billion Wall Street bailout has been a big issue for Wilson.
"As the Emergency Economic Stabilization Act of 2008 (EESA) falls under
my portfolio, I have been experiencing an increased number of phone calls and
letters," she said. "I will also make calls to federal agencies such as the SEC and
the Treasury requesting updates on issues related to the c.. *iin. i. I ..I'. I! i
EESA."
Although it took Wilson several months to land her .I Ic .' c.l1.I ii
was worth it and any law student who is interested should. i .' c.. II c. li. .I .I .
until ajob happens. She has some other advice for any ld1.! 1.I.. I..l.il .1 Ii g .-
for similar jobs.
"If you want to pursue employment on the Hill or D L. .. c .., Ic, I
advice is to start networking," Wilson said. "The D.C. (i0.1l! i I ic. .I
largest University of Florida Alumni Club in the countr- H, ,l.,I i I)
Gators is a great first step. If it is feasible for you to mc'' L cI i !L I .!!i
is much easier, as is the application and interviewing p, .~ c










SPRING 2009

-I












CLASS NOTES


veHletto UI


RuDln UI


2001
Gustavo A. Bravo has been made
managing partner of Salomon Bravo, PL,
a Fort Lauderdale, Fla., firm focusing
on personal injury, insurance litigation,
small business solutions, and criminal
defense. Bravo has also been appointed
to The Florida Bar's Code & Rules of
Evidence Committee. His three-year
term begins July 1, 2009.
Bridgit M. DePietto has joined Jones
Walker as a tax, trusts & estates special
counsel in the firm's New Orleans, La.,
office.
Matthew B. Lerner was named a part-
ner of Nelson Mullins Riley & Scarbor-
ough LLP. He practices in the firm's
Atlanta, Ga., office in the areas of com-
mercial litigation and product liability
litigation.
Glennys Ortega Rubin has been named
partner at Shutts & Bowen LLP. Rubin
is a member of the Labor and Employ-
ment Practice Group.
Marc. S. Shuster has been named a
shareholder of the Florida business law
firm Berger Singerman.
Jennifer Walker, Esq., has rejoined the
law firm of Ruden McClosky at its Ft.
Lauderdale, Fla., office.


WalKer ui


Little uz


2002
Cathrine Hunter has
joined Henderson,
Franklin, Starnes &
Holt, PA.
Jesse H. Little, Esq.
(LLMT) has joined
Shuster 01 Morris Law Group.
His practice focuses
on estate planning, wealth preservation
planning and business planning.


2003
Larry R. Fleurantin of Larry R. Fleurantin
& Associates recently published an article
entitled, "Immigration Law: Nowhere
to Turn Illegal Aliens Cannot Use the
Freedom of Information Act as a Discovery
Tool to Fight Unfair Removal Hearings,"
in the Cardozo Journal of International
and Comparative Law.
Nicole "Nikki" Fried has joined Merino
Law Firm as an associate. She will be
heading the foreclosure defense litigation
department.


Lauren C. Heatwole was
elevated to senior associate at Lowndes,
Drosdick, Doster, Kantor
& Reed by the board of directors.
Marsha A. McCoy has joined
the law firm of Gunster Yoakley as
an associate in the firm's Jacksonville,
Fla., office.
Jameil C. McWhorter has
been named partner at Lowndes,
Drosdick, Doster, Kantor & Reed.
Beverly Pascoe has rejoined
Rogers Towers, PA, and will continue
her practice in the firm's health law
department after spending 18 months
as general counsel and chief
compliance officer of Community
Hospice of Northeast Florida.
Sarah Elizabeth Rumpf served as the
campaign manager for Lawson L. La-
mar's (JD 72) campaign for re-election
as the state attorney for the Florida's 9th
Judicial Circuit, which includes Orange
and Osceola counties. Lamar was re-
elected with 66 percent of the vote.


PLEASE \\ELCONME the newest
member to the Junior LAG" -
Zachary Ross Leader, born Oct. 10,
2008, weighing in at 8 pounds 10
ounces. N lnm, Lara Osotkk-l Leadei
1 i) ) I1 i Is a inmiebei of the Law
\Alumni Couinil repieseinting the
\\-est l-'alm legion.
__________________________


-riea uj


Ieatwole Uj


Mccoy uj


McWhorter 03


SPRING 2009











ALUMNI 0


2004
Justin S. Flippen was elected to the
Wilton Manors, Fla., City Commis-
sion. Flippen has also served as the
city's vice mayor.
Tiffani Fernandez Miller was elevated
to senior associate at Lowndes, Dros-
dick, Doster, Kantor & Reed by the
board of directors.
Jonathan D. Simpson was elevated to
senior associate at Lowndes, Dros-
dick, Doster, Kantor & Reed by the
board of directors.
James E. Walson was elevated to se-
nior associate at Lowndes, Drosdick,
Doster, Kantor & Reed by the board of
directors.


2005
Robin Kathleen Brown-Blake's
daughter, Sophie, 1.5 years, is under
treatment for histiocytosis, a rare
blood disorder and may need a liver
transplant. For more information on
Sophie's condition, visit Sophie's
Web site through the Children's
Organ Transplant Association at
http://cotaforsophietemperanceb.com.
Jarrett R. Hoffman recruited into
the Executive Compensation and
Benefits group at Cravath, Swaine
& Moore LLR


2006
Kelly Lyon Davis, an attorney in
Quarles & Brady's Litigation group
in Naples, Fla., received the Spe-


Rumpf 03


rascoe uJ


J L


Sean M. Shaw (JD 03)

ust five years after graduating from law school, Sean M. Shaw
(JD 03) took a big step into public office as Florida's insurance
consumer advocate. Tapped for the position by Florida's Chief
Financial Officer Alex Sink, Shaw began his new full-time post on
Nov. 17, leaving the Tallahassee firm Messer, Caparello & Self, PA
where he specialized in employment discrimination defense.
"I believe I got called to this position because I have been a
passionate advocate for my community," said Shaw. "I see it as a
way not only to give back to my local community but as a way to
help all insurance consumers in Florida."
Shaw heads an office of about 10 people who monitor the
insurance markets in areas such as health, property and auto.
His office is responsible for addressing and seeking solutions to
insurance issues facing Floridians, communicating those issues to residents of the state, and
representing consumers on insurance issues before local, state and federal authorities.
In the short time since receiving his law degree from the University of Florida, Shaw
has been dedicated to serving the Tallahassee community, where he grew up and returned
to begin his professional career. Shaw also received a bachelor's degree in politics from
Princeton University in 2000. His dedication to public service comes in part from the
example set by his father, retired Florida Supreme Court Chief Justice Leander J. Shaw,
whose long career in public service included serving as assistant public defender as well as
serving on several state and judicial commissions and committees.
"He's a person who just gave his entire professional life and dedicated it to public
service," Shaw said of his father. "A dedicated public servant is a rarity and can make a big
difference."
Shaw's dedication to his community has led him to serve on several boards of
community organizations. He is on the board of directors for the Bond Community Health
Center, a Leon County clinic where patients can receive medical care regardless of their
ability to pay, the Capital Area Community Action Agency, which serves low-income
residents in seven north Florida counties, Access Tallahassee, which is a chamber of
commerce for young professionals, and Leadership Tallahassee. He also serves as a mentor
for students in East Gadsden High School near Tallahassee, Fla.
While he'll concentrate for now on his new position as insurance consumer advocate,
Shaw is confident his career will continue to lead him down the path of public service and
that experience in law will serve him well.
"Being a lawyer makes you versatile and able to do lots of things," he said. "It never
hurts to be a lawyer." .


Flippen 04


iVlller U4


Simpson 04 Walson 04


SPRING 2009











CLASS NOTES



cial Recognition Legal Aid Award from
the Legal Aid Service of Collier County
(LASCC). Kelly received the award for her .
pro bono efforts with the Collier County
Foreclosure Task Force Working Group
and for her support of LASCC's mission to
provide free legal services to the county's
low-income population.
Jessica DeBianchi has joined Gunster DeBianchi 06 Mazzara 06 Lammers 07 Tucker 07
Yoakley in the firm's Fort Lauderdale, Fla.,
office. She is a member of both the Cor-
porate Practice Group and the Technology and will continue his practice at Hahn the Estate Planning, Health & Insurance
and Emerging Companies Practice Group. Loeser in Litigation. Practice Group in the firm's Louisville, Ky.,
Justin B. Mazzara has joined Hahn Loeser office.
& Parks LLP as an associate in the Fort 2007 Robert K. Tucker II has joined Roetzel &
Myers, Fla., office. Mazzara has practiced Andress in the firm's Fort Lauderdale, Fla.,
in the area of commercial litigation in Carl C. Lammers has joined Greenebaum office as an associate.
Southwest Florida for the past two years Doll & McDonald PLLC as an associate in







Crist names Labarga to Florida Supreme Court

l, l. HlI...! il i i I appointed UF Law alumnus Jorge Labarga (JD 79) to the Florida Supreme Court on Jan. 2.
i .,1..,1 .. i Wellington, Fla., was a state circuit judge who Crist appointed to an appellate court position
ti 'i ,e c i.l 121 1'08. He was named to fill the vacancy created by the retirement of Justice Harry Lee Anstead.
SI.II.. in-l.. n lawyer and double Gator, Labarga has been a circuit judge since 1996 and was a public
..cI Ic ..kc r and prosecutor before that in a legal career that has spanned 28 years.
'It is a great honor to serve the people of Florida in a position that will have lasting impact
our judicial system and on society," Labarga told The Associated Press.
Labarga was nominated as a Supreme Court candidate for an earlier opening, but Crist
instead appointed Justice Charles Canady, a former Republican congressman and state
lawmaker, to fill the vacancy left by the resignation of the Supreme Court's first Hispanic
member, Raoul G. Cantero III.
After complaints that Crist had politicized the nominating process, the governor
reinstated Labarga as a nominee. Other nominees included Frank Jiminez, who
worked for former Republican Gov. Jeb Bush and for U.S. Sen. Mel Martinez,
R-Fla.; 5th District Court of Appeal Judge C. Alan Lawson of Daytona Beach; and
circuit judges Kevin Emas of Miami, Waddell Wallace III of Jacksonville and Gill
Freeman of Miami.
Labarga played a role during Florida's historic 2000 presidential recount, ruling
Palm Beach County elections officials could not necessarily disregard irregular
chads that had not been fully punched out on ballot cards.
The U.S. Supreme Court terminated the recount before it could be completed,
giving the Florida vote to Republican presidential candidate George W Bush. m


SPRING 2009















ALUMNI O


UF Law in the courts*

UF Law is represented on federal court benches by 31 federal
district and appellate judges and magistrates, and was ranked
No. 4 among public law schools (no. 8 overall) in terms of the
number of its graduates serving as federal district and
circuit court judges in 2008, according to Federal Judicial
Center data. UF Law has graduated 253 Gators now
serving as judges within the Florida state court system.
1- r


Federal Judges

Federal Appellate
Rosemary Barkett
Susan Harrell Black
Peter T. Fay
S. Jay Plager
Federal District
William John Castagna
Anne C. Conway
William R Dimitrouleas
Patricia C. Fawsett
Jose Alejandro Gonzalez Jr.
William Terrell Hodges
Paul C. Huck
James Lawrence King
Richard A. Lazzara
Howell Webster Melton Sr.
Steven Douglas Merryday
Stephan R Mickle
Donald M. Middlebrooks
James S. Moody Jr.
John Henry Moore II
Howard Marcia Morales
Maurice Mitchell Paul
Gregory A. Presnell
John Richard Smoak
Ursula Mancusi Ungaro-Benages
George C. Young
Federal Magistrate
Miles Davis
Elizabeth Jenkins
Hugh Morgan
Thomas Morris
William C. Sherrill Jr.
Federal Bankruptcy
Raymond Ray
Veteran's Appeals
Bruce E. Kasold


Florida State

Court Judges
Florida Supreme Court
Jorge Labarga
1st District Court of Appeal
Edwin Browning Jr.
Charles Kahn Jr.
Bradford L. Thomas
William A. Van Nortwick Jr.
2nd District Court of Appeal
Marva L. Crenshaw
Charles A. Davis Jr.
Patricia J. Kelly
Nelly Khouzam
Morris Silberman
3rd District Court of Appeal
David M. Gersten


4th District Court of Appeal
Jonathan D. Gerber
Fred A. Hazouri
Martha C. Warner
5th District Court of Appeal
Warren H. Cobb
Jay R Cohen
Kerry I. Evander
Jacqueline R. Griffin
Charles M. Harris
David A. Monaco
Richard B. Orfinger
Robert J. Pleus Jr.
1st Judicial Circuit
Marci L. Goodman
Ross Goodman
Jack R. Heflin
T Michael Jones
Terrance R. Ketchal
Paul A. Rasmussen
Ron Swanson
Kenneth L. Williams
2nd Judicial Circuit
R Kevin Davey
Angela C. Dempsey
N. Sanders Sauls
L. Ralph Smith Jr.
Mark E. Walker
3rd Judicial Circuit
Paul S. Bryan
Leandra G. Johnson
4th Judicial Circuit
Charles W. Arnold Jr.
Hugh A. Carithers
James H. Daniel
Peter L. Dearing
Peter J. Fryefield
L. Page Haddock
Jean M. Johnson
Karen K. Kole
William Gregg McCaulie
Donald R. Moran Jr.
Virginia B. Norton
Jack M. Schemer
John Bradford Stetson Jr.
L. Haldane Taylor
Frederick B. Tygert
Waddell A. Wallace
Michael R. Weatherby
5th Judicial Circuit
Carol A. Falvey
Frances S. King
Brian D. Lambert
Daniel B. Merritt Sr.
Daniel B. Merritt Jr.
Curtis J. Neal
Lawrence J. Semento
John Jack" W. Springstead
William T. Swigert
Richard Tombrink Jr.


6th Judicial Circuit
W. Lowell Bray Jr.
George W. Greer
Lauren C. Laughlin
J. Thomas McGrady
R. Timothy Peters
Pat Siracusa
7th Judicial Circuit
Edward E. Hedstrom
Margaret W. Hudson
R. Michael Hutcheson
Arthur W. Nichols III
Robert K. Rouse Jr.
C. McFerrin Smith III
J. Michael Traynor
8th Judicial Circuit
Aymer "Buck" Curtin
William E. Davis
Maurice V. Giunta
R.A. Green
Martha A. Lott
Ysleta W. McDonald
Toby S. Monaco
Stan R. Morris
James R Nilon
Phyllis M. Rosier
Elzie S. Sanders
Peter K. Sieg
Frederick D. Smith
Robert R Cates
Mark W. Moseley
9th Judicial Circuit
Theotis Bronson
Ted Coleman
RobertJ. Egan
Jim Glatt
Maria Hinds
Lawrence R. Kirkwood
Alicia L. Latimore
Cynthia Z. Mackinnon
Roger J. McDonald
Jon B. Morgan
Lisa Taylor Munyon
Scott Polodna
Renee A. Roche
Tim Shea
Thomas B. Smith
Margaret T. Waller
Bob Wattles
Reginald K. Whitehead
10th Judicial Circuit
Donald G. Jacobsen
Harvey A. Kornstein
J. David Langford
John F. Laurent
J. Michael McCarthy
Neil Roddenbery
Olin W. Shinholser
Keith Spoto
11th Judicial Circuit
Scott M. Bernstein


Joel H. Brown
Joseph R Farina
Peter R. Lopez
Orlando A. Prescott
12th Judicial Circuit
Donna Berlin
Scott M. Brownell
Susan Maulucci
Andrew D. Owens Jr.
James S. Parker
Charles E. Williams
13th Judicial Circuit
E. Lamar Battles
Charles E. Bergmann
Martha J. Cook
Marva L. Crenshaw
Katherine G. Essrig
Charlene E. Honeywell
William R Levens
Manuel Menendez Jr.
Ashley B. Moody
Richard A. Nielsen
Michelle Sisco
Ralph C. Stoddard
14th Judicial Circuit
Judy M. Pittman
Allen L. Register
Don T. Sirmons
15th Judicial Circuit
Moses Baker Jr.
Peter Bassaline
David F. Crow
Edward H. Fine
Jonathan D. Gerber
John Kastrenakes
Glenn Kelley
Karen L. Martin
Richard L. Oftedal
Stephen A. Rapp
Joy B. Shearer
Maxine Williams
17th Judicial Circuit
Dale C. Cohen
Marina Garcia-Wood
Patti Englander Hennings
Robert W. Lee
John T Luzzo
Leroy H. Moe
Elijah H. Williams
18th Judicial Circuit
Robert T. Burger
Alan A. Dickey
James H. Earp
O. H. Eaton Jr.
Bruce W. Jacobus
Kenneth R. Lester Jr.
George W. Maxwell III
Donna Mclntosh
Tonya Rainwater
Michael J. Rudisill
19th Judicial Circuit
Burton C. Conner
Dwight L. Geiger
Paul B. Kanarek
Steven J. Levin
20th Judicial Circuit
R. Thomas Corbin
Lynn Gerald
Christine H. Greider
Hugh D. Hayes
Lawrence D. Martin
Michael T. McHugh
Thomas S. Reese
James H. Seals


Sherra Winesett
County Judges
Faye Allen
Deborah B. Ansbro
Sharon B. Atack
David B. Beck
Maureen Bell
Ross L. Bilbrey
Hugh Wetzel Blair
Deb S. Blechman
Tyrie W. Boyer
George K. Brown Jr.
Michael Carr
Leon B. Cheek III
Patti A. Christensen
Nancy L. Clark
Tom Coleman
Pauline Drayton
Denise R. Ferrero
David H. Foxman
Kenneth Friedland
John E. Futch
Judy Goldman
Walter M. Green
Beth Harlan
Archie B. Hayward Jr.
Russell L. Healey
Eric Hendon
Stewart R. Hershey
Heather L. Higbee
Ronald R Higbee
Johnny R. Hobbs Jr.
Deborah M. Hooker
Kenneth L. Hosford
Victor L. Hulslander
Steve Jewett
John E. Jordan
Janis Keyser
Donald L. Marblestone
Peter F. Marshall
Janeice T Martin
Joseph Marx
William T. McCluan
Peter A. D. McGlashan
Jeffrey J. McKibben
W. Michael Miller
Elizabeth A. Morris
Michael Murphy
Vincent Murphy
Stewart E. Parsons
Thomas Petersen
Antoinette Plogstedt
David L. Reiman
Elizabeth G. Rice
G.J. Roark III
Kathleen H. Roberts
Martin Shapiro
Brent D. Shore
Janis H. Simpson
Mark Singer
Joseph E. Smith
Sharon H. Tanner
Cheryl K. Thomas
Shane Vann
Anne Wansboro
Joyce H. Williams
Sarah Ritterhoff Williams
Fred. N. Witten
W. Wayne Woodard

This listing is compiled
from a variety of sources
and may not be complete.
Please let us know of any
errors or additions by e-mailing
flalaw@law.ufl.edu.


SPRING 2009










O FACULTY


MARK FENSTER Professor, UF Research Foundation Professor

A passion for law


"I always tell students
on the first day of my
administrative law
course that this will likely
be the most boring,
complicated, and abstract
class they'll take in law
school. But, perhaps the
most important of all..."


BY LINDY McCOLLUM BROUNLEY

Mark Fenster is serious about administrative law. It's an area in which he
admits his scholarship and teaching hold "a strangely obsessive joy,"
and he takes pleasure in imparting this knowledge and expertise to his
students.
"I always tell students on the first day of my administrative law course that
this will likely be the most boring, complicated, and abstract class they'll take in
law school," Fenster said. "But, perhaps the most important of all given the size
of our federal, state and local administrative state.... I think by the end of the
semester most of my students view the course as challenging but fascinating, and
maybe even a little fun."
Fenster's teaching and scholarship include property, land use, administrative
law, intellectual property, torts and legal and cultural theory, and he is widely
published. Since joining the UF Law faculty as an assistant professor in 2001,
Fenster has proven to be a rising star he achieved the rank of full professor in
2007, was tapped with a prestigious University of Florida Research Foundation
Professorship in 2008, and, on May 15, assumed responsibilities as associate dean
for faculty development, succeeding Professor Christine Klein in the position.
Fenster's strong background in research and scholarship will be of
tremendous benefit to the college as he assumes duties as associate dean for
faculty development, and he'll be responsible for coordinating the college's
enrichment series and mentoring program, tracking faculty scholarship, and
promoting the college's newly-launched SSRN journal, located at www.ssrn.com/
link/U-Florida-LEG.html.
"Mv own research asks how our administrative process can best balance
.. .! !i..d to inform the public effectively of government actions against the
niced for government to operate effectively, and how constitutional rights
,)f property and due process limit, but don't cripple, government's
Authority to regulate and create regulatory procedures."
Fenster is a graduate of Yale Law School, where he served as editor
of the Yale Law Review, and he clerked for Judge Carlos Lucero of the
10th Circuit U.S. Court of Appeals following his graduation from Yale.
Prior to joining the UF Law faculty, Fenster was an environmental and
land use law fellow for Shute Mihaly & Weinberger in San Francisco,
Calif. In addition to his scholarship and teaching, Fenster is the author
of Conspiracy Theories: Secrecy and Power in American Culture and
has published numerous law review articles. m


SPRING 2009











UF LAW FACULTY NEWS


NOTA BENE


Legal skills professors receive
faculty enhancement awards

* Legal skills professors Leanne Pflaum
and Anne Rutledge received Faculty
Enhancement Opportunity (FEO)
awards. Pflaum received the award for
the summer and fall 2009 term, during
which time she will prepare the second
edition of "Legal Writing by Design"
(2001), along with a teacher's manual
and a guide to be used by judges in
training their clerks to write orders,
judgments, and opinions. Rutledge
received the award for the summer and
fall 2009 terms, during which time she
will write a textbook to be used by the
legal drafting faculty in the legal drafting
course.

Mazur appointed
senior editor for
peer-reviewed journal

* Diane H. Mazur, a professor of law,
has been appointed as one of seven
senior editors of the Journal of National
Security Law and Policy, a peer-
reviewed journal "devoted exclusively
to national security law and policy."
The journal includes interdisciplinary
articles touching on matters of law, the
military, intelligence, law-enforcement,
public health and civil liberties.
Mazur, a former captain in the United
States Air Force, includes in her areas
of expertise civil-military relations,
constitutional law, evidence, and
professional responsibility.


"I'm glad to participate in the selection process for
new federal judges and prosecutors. Objective, non-
partisan and high quality appointments are central
to America's justice system," Mills said. "I look for-
ward to working with senators Nelson and Martinez
and other commission members to assure the best
options for President Obama's appointments."
-JON MILLS
____________________________________________


Mills named to Judicial
Nominating Commission
for federal posts

* Jon Mills, University of Florida
College of Law dean emeritus, professor
of law and director of the Center for
Governmental Responsibility has been
tapped to serve on the Florida Judicial
Nominating Commission. Nominees
recommended by the JNC for federal
judges, U.S. attorneys and marshals will
be among the first considered by the
newly-installed Obama Administration.
Mills, a former Florida Speaker of the
House, has accepted an appointment by
senators Bill Nelson and Mel Martinez
to serve a two-year term on the Florida
Judicial Nominating Commission.


Rowe receives
Florida Jack Wessel
Research Award

* Elizabeth A. Rowe, an
associate professor of law, has
been named one of 12 recipients
of a University of Florida Jack Wessel
Research Award. These awards,
which are part of what is expected
to be a one-time program funded
by a one-time testamentary gift,
are given to a faculty member in
the first three to four years of his
or her career. To be eligible, faculty
members must have achieved
distinction in scholarship. Rowe
will receive $5,000 in non-salary
research support funds.


Pflaum Rutledge


Mazur Rowe


SPRING 2009











NOTA BENE


Seigel


willis


Seigel tapped for research
foundation professorship

* Mike Seigel, a professor of law, has
been selected to receive a University
of Florida Research Foundation
Professorship Award for 2009-11. The
research foundation professorships are
intended to recognize faculty who have
established a distinguished record of
research and scholarship during the last
five years and who are expected to lead
to continuing distinction in their field.
UF Law currently has two other faculty
members who hold this professorship:
Danaya Wright, with a 2007-09 term;
and Mark Fenster, with a 2008-10 term.

Willis appointed to judicial
nominating commission

* Steven J. Willis, a professor of
law, has been appointed to the


Eighth Circuit Judicial Nominating
Commission by Florida Governor
Charles Crist. Willis' four-year
commission began last October and
will end July 1, 2012. As a member
of the commission, Willis will
participate in reviewing applications,
interviewing and recommending
judicial candidates for appointment
in the Eighth District to the governor.

UF president promotes
law faculty

* The University of Florida Levin
College of Law is proud to announce


University of Florida President
Bernie Machen's promotions of
UF Law faculty members Yariv
Brauner, Tracy Rambo, Mary
Adkins, Bob Dekle, and Meshon
Rawls. Brauner will be promoted
to the rank of full professor effective
Aug. 16, 2009. A decision on
tenure is not final until the next
meeting of the University of Florida
Board of Trustees in June, but it is
expected Brauner will also be granted
tenure. Rambo will be promoted to the
rank of master lecturer, and Adkins,
Dekle and Rawls will be promoted to
the rank of senior lecturer.


Tritt wins Professor of the Year

LEE-FORD TRITT, an associate professor of law,
director of the Center for Estate and Elder Law
Planning and Estates and Trusts Practice Certifi-
cate Program, and associate director of Center
on Children and Families, received the John
Marshall Bar Association (JMBA) 2009 Professor
r i i Aic ,.i Ti i r %% h o, I ,, 1 r !h i TF L.,i


i. i r r !d rI.i II, i. % !! .:! .; ,lcc r rc.icn.1r .!


!! !!, !!!!!!! i .i tr l!e E !!L !i % i\ ,[ FI,,! d1.1


Rambo Adkins Dekle


SPRING 2009


Brauner


Rawls


e~l
1-1~1-~11










FAc IT LTY 0















RICHARD HAMANN Research Associate, Assistant Director, Center for Governmental Responsibility

Hamann appointed to water management board

BY SCOTT EMERSON


or Richard Hamann, University of Florida associate in law, water isn't just a
resource, it's his life's work. After decades of advising state agencies and non-
profit organizations on land use and water law, Hamann was appointed by Gov.
Charlie Crist on May 19 to serve a four-year term in an at-large seat on the Governing
Board of the St. Johns River Water Management District.
Hamann, an assistant director and research associate at UF's College of Law Center
for Governmental Responsibility, conducts research and teaches classes on water,
wetlands, wildlife, watersheds and coastal law and policy. He is also a member of the
faculty advisory committee to UF's Water Institute.
"I have worked all of my professional life for the protection and wise use of
Florida's water resources and can imagine no greater honor than for Governor Crist to
appoint me to this position," Hamann said. "The St. Johns River Water Management
District is one of the nation's leading water management institutions. I look forward
to working with the board, staff and the public to address the great challenges of
managing water in this basin."
The nine-member SJRWMD Governing Board sets the policies for operation of the
agency that includes Nassau, Duval, Clay, St. Johns, Flagler, Volusia, Seminole, Brevard
counties and portions of Baker, Alachua, Marion, Putnam, Lake, Orange, Osceola and
Indian River counties. Members, who meet monthly, are appointed by the governor to
four-year terms and serve without compensation. The Florida Senate must confirm all
appointments to the water management districts' boards.
In addition to his research and teaching duties, Hamann's qualifications include
previous work with the SJRWMD as chairman of the Orange Creek Basin Advisory
Council and as a member of the Ocklawaha Basin Board. He has been chairman of
the Environmental and Land Use Law Section of The Florida Bar, president of Florida
Defender of the Environment and a member of the Bluebelt Commission and the Land
and Water Planning Task Force. He currently serves as the president of Three Rivers
FNPC, a public charity that supports protection of the Ichetucknee River, and as a
member of the boards of the Florida Wildlife Federation, Florida Defenders of the
Environment, the Everglades Law Center and Alachua Conservation Trust. m


"I have worked all of my
professional life for the
protection and wise use of
Florida's water resources
and can imagine no
greater honor than for
Governor Crist to appoint
me to this position."


SPRING 2009










0 FACULTY


"Florida has a fairly
long anti-tax tradition,
but I think people are
going to realize there
are consequences to
under-funding all
levels of government."


MICHAEL ALLAN WOLF
Richard E. Nelson Chair in Local Government Law; Professor of Law


Lessons to be learned from


Florida's housing past
BY LINDY McCOLLUM-BROUNLEY
history tends to repeat itself, and, for those paying attention, Florida's current
housing and mortgage crisis should be a case of d6ja vu.
Similar to Florida's 1920s land boom-a speculation bubble that, when
it burst, caused a long-lasting, depressed housing market in the Sunshine State-
today's housing and financial crisis has crippled the state's economy, and local
governments are feeling the pain.
"We have some of the nation's highest foreclosure rates, particularly in South
Florida and Orange County," said Michael Allan Wolf, a University of Florida
professor of law. "These high foreclosure rates generate the need for more public
services at the local level, but, at the same time, the state Legislature and voters
have placed tremendous pressure on the ability of local governments to collect the
revenues that they need to deliver these services."
As an international expert on the relationships between government and private
property, Wolf should know. He earned his law degree from Georgetown University
and holds a doctorate from Harvard in the history of American civilization an
academic combination that provides unique perspective on Florida's current situation
of history in the making.
In addition, as the Richard E. Nelson Chair in Local Government Law,
Wolf hosts the annual Nelson Symposium, which brings together local and state
government officials and attorneys with the common goal of exploring the unique
challenges Florida faces as it grows and develops. Symposium topics have included
green building, sustainability, urban revitalization, local government funding,
eminent domain, and environmental and land use issues.
"Since the late 20th century, local government has had a set of tools to raise
revenue to foster economic development and provide necessary services, and one
by one, Florida lawmakers and courts have attempted to take away or weaken those
tools," Wolf said. I i. when local governments are facing significant challenges,
they have fewer tools at their disposal to solve their communities' problems."
Nonetheless, Wolf views the current condition of Florida's economy as an
opportunity for lawmakers and residents to take a hard look at improving local and
state funding mechanisms to support the essential services residents expect.
"Florida has a fairly long anti-tax tradition, but I think people are going to
realize there are consequences to under-funding all levels of government. It's not
sustainable," Wolf said. "Under that model, the Florida of tomorrow is the California
of today. It's time now to make the changes necessary to avoid the problems that
California is facing pollution, water shortages, north-south fights, and stinginess
in taxes resulting in under-funded government."
"That's our future unless we start doing things differently. That's what we
have to look forward to," he said. "Orange County, Florida, will become Orange
County, California." u


SPRING 2009











UF LAW FACULTY IN THE NEWS


MEDIA HITS


* ROBERT JERRY
Dean and Levin Mabie and
Levin Professor of Law
Oct. 20, 2008, Jacksonville Financial
News & Daily Record, "Lunch with law
school leader"

"Students are graduating with so much
debt that it's tough for them to think
about serving with the State Attorney's
or Public Defender's Office after they
graduate.... That's a decision they
shouldn't have to make if they want to
serve the public."

Jerry was a guest speaker at the Jacksonville
Bar Association's October 2008 luncheon, where
he expressed concern about the career choices
law students are often forced to make due to
financial issues.

* LYRISSA BARNETT LIDKSY
Stephen C. O'Connell Professor of Law
Nov. 9, 2008, Sun Sentinel, United Press
International and in the e-publications
Official Wire, The Money Times, The
Post Chronicle, "Web reviews can spur
lawsuits"

"These (law) suits are extremely
common and starting to make their
way through the courts. ... Courts are
starting to develop balancing tests
to guarantee it's a legitimate libel
suit before they uncover the poster's
identity."

Lidsky was quoted on the trend of businesses
initiating libel suits against disgruntled customers
who anonymously post unfavorable reviews online.
Lidsky said it's often hard to know if such libel
lawsuits are legitimate or if companies just want to
muzzle their critics.


* GEORGE "BOB" DEKLE, Professor of Law

Oct 16, 2008, Associated Press, "Law experts:
Florida conviction possible without body"

"It's like doing math without numbers."

': i'- : ,,: h rh, ,,:i r : I h :, r I ,,-, u T i ,, 2 : r,-i w : ,, r,,:r,,



i. ,i:i, I,- r ,, i,, ,.. ..,, ,,: ir, :i, I ..I .i I I i, rh


* KATHERYN RUSSELL-BROWN
Chesterfield Smith Professor of Law
and Director of the Center for the Study
of Race and Race Relations
Nov 9, 2008, Orlando Sentinel, Opinion
Page, "Hoaxes signal the state of our
racial fears"

"When I heard Susan Smith's tale that
she had been carjacked by a young
black man, I was skeptical. In 1994,
Smith told police that while stopped
at a traffic signal, she was carjacked
by a black man who drove off with
her infant and
toddler boys in
the back seat. I
thought, 'Where
would a black
man go with
two small white
children?'. ...
Likewise, last
month when I


heard Ashley Todd's yarn, the alleged
facts struck me as odd. Todd, a
volunteer for John McCain's campaign,
reported that she had been robbed,
assaulted and maimed by a 6-foot-4
black man at an ATM. She said the
man was a Barack Obama supporter
who wanted to 'teach her a lesson'
after seeing her McCain bumper
sticker. ... Welcome to the land of
racial hoaxes. Not burdened by logic,
hoaxes don't have to make sense;
they just have to feel like they could
make sense."


SPRING 2009


Jerry Lidsky


Russell-Brown












MEDIA HITS







* RICHARD G. HAMANN
Associate In Law, Center for
Governmental Responsibility
Dec. 16, 2008, Gainesville Sun,
"Obama selects UF grad"

"Clearly, she's committed to
protecting the environment. ... She's
sort of a combination of idealism
and pragmatism that can be very
effective."


Hamann


Hamann was commenting on the news of Carol JEFFREY DAVIS
Browner's (JD 79) appointment by President Professor of Law, Gerald A. Sohn
Barack Obama as his "Climate and Energy Czar." Scholar
Hamann said Browner's approach to protecting Jan. 29, 2009, Orlando Sentinel,
and preserving the environment would represent "Seaside National receives $5.7 million
a "180 degree shift" from the eco-unfriendly
policies of George W. Bush and Dick Cheney. from federal bailout"

* MICHAEL ALLAN WOLF "Many of the community banks appear
Professor of Law, Richard E. Nelson ready to lend. I've seen some with big
Chair in Local Government Law signs up saying 'we have money, come
Jan. 9, 2009, New York Times, on in.' In the earlier funding, the big
"The course that got away" banks pretty much got a blank check,
but they used the money mostly to
"They didn't care how much they spent shore up their balance sheets. I don't
on the golf course because they were think the community banks will get the
making so much money on lot sales." same blank check."
Sw Davis' expert opinion was quoted in regards to
conversions and on the growing trend of golf community banks receiving funds from the federal
conversions and on the growing trend of golf Tb A R P o T
community developments going bankrupt and
closing golf courses, leading to losses in home
equity for those who purchased expensive homes
or lots on the courses.


* JONATHAN R. COHEN Professor of Law,
Associate Director, Center for Dispute Resolution
Dec. 9, 2008, Washington Post, "Closer to Bailout,
GM Prints Candid Apology"

"Talk is pretty cheap.... Action is more telling.
Cohen was quoted in response to the Dec. 8 full page
advertisement run by General Motors in Automotive News,
in which it acknowledged serious organizational blunders
leading up to its financial collapse and promised to be
more proactive in its business plan.


Davis Mills


* JON MILLS
Professor of Law, Dean Emeritus and
Director, Center for Governmental
Responsibility
Feb. 2, Ocala Star Banner, "Lawmaker
calls for water changes"

"The current system has worked pretty
well, across a wide range of governors.
... It seems to me we should be leery
of throwing out the entire process."

Mills was quoted in an article examining the
House proposal made by Keystone Heights Rep.
Charles Van Zant to elect members of the district
water boards rather than the present system of
gubernatorial appointment.

* WILLIAM H. PAGE
Professor of Law, Marshall M.
Criser Eminent Scholar in Electronic
Communications and Administrative
Law, and Senior Associate Dean for
Administrative Affairs
Feb 11, 2009, Computerworld, "EU's
charges against Microsoft over IE 'just
silly,' says expert"

"The remedy [from the U.S. case]
was for Microsoft to remove icons
and menu items related to IE, and so
forth, and give OEMs the flexibility to
install another browser. ... There's no
[Windows reseller] I know of, though,
that has actually installed a second
browser.... It looks like the EU has
revived the idea that the browser market
is a separate market. ... It would be
dumb to require Microsoft to delete


SPRING 2009












FACULTY 0


* LARS NOAH Professor of Law

Feb. 23, 2009, Wall Street Journal, "Experts question
vax industry's special legal status"

"When you've got a monopoly and can dictate
price in a way that you couldn't before, I'm not
sure you need the liability protection."
Noah was quoted on the question of liability protection for pharma-
ceutical companies when introducing newly-developed vaccines.


IE [from Windows] and then require
users to install a browser separately
after they first use Windows. That's
just silly."

Page was quoted regarding the European
Union's legal challenge of Microsoft Corp.
over new charges that Internet Explorer (IE)
stifles browser competitors.

* DANAYA WRIGHT
Clarence J. TeSelle Professor,
UF Research Foundation Professor
March 17, 2009, USA Today,
Bloomberg News, NY Times, and
Boston Globe, "Madoff's wife declares
Palm Beach home main residence"
Wright was widely quoted speaking on
Florida law and bankruptcy protection for
homeowners under the state's homestead
exemption laws. The articles were in reference
to Bernard Madoff's wife, Ruth, who declared
her $9.4 million Palm Beach, Fla., home as
her primary residence in an effort to avoid


losing the estate to creditors.

* Joseph Little
Professor Emeritus, Research Scholar
May 11, 2009, Ocala Star Banner,
"Petition against Crist generates
discussion on equality"

"It seems to me the governor
is trying to run some type of
affirmative action in every judicial
appointment and I don't necessarily
think that's a desirable thing on the
merits. ... He's trying to make some
kind of diversity statement."

Little was quoted speaking on the
lawsuit brought by retiring appellate
Judge Robert J. Pleus Jr. against Gov.
Crist for not choosing Pleus' replacement
from a list of six names provided by an
independent panel of judges.


lega ;lJ'l reseIarch



f-to Im' ,I III I II :Ip




Check outl th Sca l ScienceReseaIch


Page Wright


SPRING 2009










O FACULTY


Too often, hui
health concern
and the potent
greater profits
precedence


T W JO A N FLO C K S i_ ...: :. ,:,r .-. ::.:,i ,:h:. C, .:11 ,- _..:i 0:, P,|,, F.. .:i i,,:,..:_.i,.h1,


Flocks presents plight


of farmworkers



A 1, 1, 1 .i I L L 1. -1 .1 11 I Ns -'L I. I!L. .1 i. Ili li 'i >-
I- II i I




l I ,1.1111 l li k' .i I I I l i i .i. .. l .. i .1 l. id I .ii1.11 L I I



and Environmental Protection Agency in 2008, which indicated that those with "increased,
regular exposure to pesticides have high rates of a variety of cancers," Flocks presented her
findings regarding the association between human health risks and pesticide exposure and
Slose the social and political disadvantages of farmworkers to the President's Cancer Panel in In-
al for dianapolis on Oct. 21, 2008.
al for IFlocks' interest in the plight of farmworkers began while she was conducting research in
take Indiantown, Fla., for her master's degree in Latin American Studies from the University of
Florida. Impressed with the determination of farm workers to work and survive in the United
States and to secure an education for their children and even to send money home to still-
struggling families, Flocks began to concentrate her efforts in aiding these underrepresented
people.
After earning her JD from the UF College of Law in 1991, Flocks practiced law for five
years before returning to UF to manage environmental justice and community-based re-
search projects as a research assistant professor at the College of Medicine. In 2003, Flocks
began her work with the Center for Governmental Responsibility.
According to Flocks, farmworkers are members of a disadvantaged group. Approxi-
mately 75 percent are born in Mexico, leading to a language barrier upon their arrival in
the United States, and nearly all are from a low socioeconomic group with little access to
healthcare. Additionally, farmworkers suffer high rates of occupational illnesses and injuries,
including those associated with pesticide exposure a significant and serious category of
occupational hazards.
In the case of pesticide regulation, as Flocks explained in her presentation to the Presi-
dent's Cancer Panel, the Environmental Protection Agency (EPA) weighs matters of human
health against the economic value of using pesticides in the fairmng industry. Too often, hu-
man health concerns lose and the potential for greater profits take precedence.
One solution that Flocks recommends is to shift regulation of pesticides at agricultural
workplaces from the EPA to the Occupational Safety and Health Administration (OSHA),
which regulates most workplaces and requires more extensive training and information about
workplace chemicals than the current Worker Protection Standard.
Flocks emphasizes that only when the view of environmental injustices as human rights
violations is achieved in combination with a progressive, public change in attitude toward the
risks of pesticides and chemicals will farmworkers' safety and rights finally be protected. m


SPRING 2009












UP AND COMING 0


Justin Axelrod (JD 09)

UF Law student serves to lighten taxpayers' load

BY ANDRE SALHAB


Ss Dave Barry once joked, tax time is
When "you gather up those receipts,
et out those tax forms, sharpen up
that pencil, and stab yourself in the aorta."
Despite Barry's levity, completing tax
returns is no joking matter, and the com-
plexity of the tax code leaves most of us
using that sharpened pencil to scratch our
heads in confusion.
Not so for Justin Axelrod, a third-year
law student at the University of Florida
Levin College of Law with a love of all
things taxation. At 25 years of age, Axel-
rod is the youngest member ever appointed
to the Taxpayer Advocacy Panel by the
U.S. secretary of treasury. He's excited by
the prospect of committing between 300
and 500 hours of time annually during his
three-year appointment, which began in
December.
"To be on a committee with these peo-
ple from all sorts of backgrounds, it's just
humbling," Axelrod said.
Established in 2002 under the Federal
Advisory Committee Act, the Taxpayer
Advocacy Panel serves as a citizen
forum that provides direct feedback to
the Internal Revenue Service (IRS). The
IRS uses this feedback to increase its
responsiveness to taxpayer needs, to work
more effectively for all taxpayers, and to
improve services. Made up of seven, geo-
graphically-based sub-committees, the
Taxpayer Advocacy Panel has a real influ-
ence on the IRS's strategic initiatives to
improve its policies and programs.
Axelrod sits on the panel's 13-member
Area 3 Committee, which represents the
states of Florida, Georgia, Alabama, Mis-
sissippi, Louisiana and Arkansas. He also
serves on the Volunteer Income Tax Assis-
tance Issues Committee, which partners
with the IRS to focus on national initia-
tives or issues that cut across geographic
boundaries. He said he isn't sure why he


C2008 Erica Brough Gamesville Sun


was among the 100 people selected to
serve nationwide, but believes his enthusi-
asm for tax and willingness to get his gen-
eration involved in tax administration were
important factors in the decision.
One of the things Axelrod hopes to
initiate during his service on the panel is
free taxpayer clinics for families with
low-income at the UF College of Law and
Florida A&M University College of Law.
He thinks it will serve a need in the
community and also will give law school
students in tax practical, hands-on skills.
Currently, there are low-income tax clinics
in Florida but none in the vicinity of these
colleges.
Another goal of Axelrod's is to
reach a new generation of tax payers.
To do this, he started a blog at www.
justintimewithjustin.com and estab-
lished a Taxpayer Advocacy Panel Fa-


cebook group. He said young people
need to know that taxes affect every-
one. He frequently updates his blog and
Facebook page with information on
tax-related issues and events and seeks
to educate people on their rights and
responsibilities as tax payers.
"Whether you like it or not, at some-
time in your life you are going to have to
deal with the IRS," he said.
Axelrod said he wants people to know
that the panel is there for them when they
do, and he works hard to respond to each
suggestion or comment posted to his blog
or Facebook page.
"You're going to get a voice," Axelrod
said. "It is important for people to be
heard. I am your voice and so are the other
members on the panel."
Even Dave Barry might put his pencil
away with a sigh of relief. 0


SPRING 2009







UF |UNIVERSITY of
UF FLORIDA
Levin College of Law
P.O. Box 117633
Gainesville, FL 32611-7633


r"t~ \I


A''"




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