Front Cover
 Letter from Lindy
 Table of Contents
 Dean's message
 News briefs
 Troubled waters
 Keeping you clean
 Now I lay me down to sleep
 Alumni news
 Notas bene
 Faculty news
 Book roundup
 Career services
 Up and coming
 Back Cover

Group Title: UF Law: University of Florida Fredric G. Levin College of Law
Title: UFlaw
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00072634/00012
 Material Information
Title: UFlaw
Alternate Title: UF law
Physical Description: v. : ill. ; 28 cm.
Language: English
Creator: Levin College of Law
Publisher: Levin College of Law Communications Office
Place of Publication: Gainesville FL
Publication Date: c2002-
Frequency: irregular
completely irregular
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
Statement of Responsibility: University of Florida, Levin College of Law.
Dates or Sequential Designation: Vol. 39, no. 1 (fall 2002)-
General Note: Title from cover.
General Note: Last issue consulted: v. 40, no. 1 (fall 2003).
 Record Information
Bibliographic ID: UF00072634
Volume ID: VID00012
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 002972228
oclc - 53380492
notis - APL3981
lccn - 2003229880
 Related Items
Preceded by: University of Florida lawyer


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Table of Contents
    Front Cover
        Page 1
    Letter from Lindy
        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
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
    Troubled waters
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
    Keeping you clean
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
    Now I lay me down to sleep
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
    Alumni news
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
    Notas bene
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
    Faculty news
        Page 62
        Page 63
    Book roundup
        Page 64
        Page 65
    Career services
        Page 66
    Up and coming
        Page 67
    Back Cover
        Page 68
Full Text


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


Associate Director of Communications
Lindy Brounley
Director of Communications
Debra Amirin, APR
Communications Coordinator
Katie Blasewitz
Editorial Assistants
Rachel Attal
Aline Baker
Tristan Harper
Joshua Lukman
Chen Wang
JS Design Studio
The Hartley Press, Inc.
Correspondence and Address Changes
University of Florida Levin College of Law
P 0. Box 117633
Gainesville, FL 32611 7633
Telephone Numbers
Bruce Bokor (JD 72) Chairman
Peter Zinober (JD 69) Vice Chair
W.C. Gentry (JD 71) Immediate Past Chair
Dennis A. Calfee (JD 75) Treasurer
Ladd Fassett (JD 79) Secretary
Active Members
Charles W. Abbott (JD 53), Jacqueline Allee Smith (JD
78), Cesar Alvarez (JD 72), Mark A. Avera (JD 89), Jean
Bice (JD 75), Bruce H. Bokor (JD 72), Leslie W. Burke
(JD 68), J. Thomas Cardwell (JD 66), Lawton M. Chiles,
III, Richard B. Comiter (JD 80), Charles E. Commander
(JD 65), Barry R. Davidson (JD 67), John A. DeVault,
III (JD 67), John H. Dyer, Jr. (JD 87), Ladd H. Fassett
(JD 79), Andrew Fawbush (JD 74), Michael L. Ferguson
(JD 89), Betsy E. Gallagher (JD 76), Ellen Bellet Gelberg
(JD 76), W. C. Gentry (JD 71), Ellen R. Gershow (JD
83), Linda R. Getzen (JD 82), Gene K. Glasser (JD 72),
Robert Glennon (JD 74), K. Lawrence Gragg (JD 74),
Scott G. Hawkins (JD 83), Michael Heekin (JD 78),
Elizabeth M. Hernandez (JD 83) Elizabeth A. Jenkins
(JD 76), Kimberly L. Johnson (JD 81), Hal H. Kantor
(JD 72), Frederick Wayne Leonhardt (JD 74), Christine
N. Markussen (JD 72), Clifton A. McClelland, Jr. (JD
69), Donald Middlebrooks (JD 72), Michael D. Minton
(JD 81), James Moody, Jr. (JD 72), Brian M. O'Connell
(JD 79), Lindy Paull (JD 80), S. Austin Peele (JD 63),
. Wallace Pope, Jr. (JD 69), Becky A. Powhatan Kelley
(JD 76), Mark Proctor (JD 75), Gerald F Richman (JD
64), Jesse W. Rigby (JD 77), Juliet M. Roulhac (JD 87),
Oscar Sanchez (JD 82), Everett J. Santos (JD 66), Ernest
A. Sellers (JD 62), Lawrence E. Sellers, Jr. (JD 79),
Linda L. Shelley (JD 77), W. Crit Smith (JD 78), Mark A.
Somerstein (JD 82), Laura J. Thacker (JD 87), Marjore
Bekaert Thomas (JD 76), Frank D. Upchurch, III (JD 74),
John J. Upchurch, IV (JD 68), George A. Vaka (JD 83),
William A. Weber (JD 76), Peter W. Zinober (JD 69)
J. Bernard Machen, Paul A. Robell, Robert H. Jerry II,
Rahul Patel
Rahul Patel (JD 97) President
Mark Klingensmith (JD 85) Immediate Past President
Gary L. Printy (JD 82) President-Elect
Carter Andersen (JD 98) Secretary
At Large Members
Tim Cero (JD 95) C. Randolph Coleman (JD 78),
Jeffrey D. Feldman (JD 81), Gregory Harrell (JD 99),
Joseph C. Mellichamp, III (JD 70), Matthew N. Posgay
(JD 94), Cecil D. Rolle (JD 03), Sarah Elizabeth
Rumpf (JD 03), Misty Chaves-Taylor (JD 95)




UF LAW Vol. 44, Issue 2 Spring 2008

16 Troubled 28 Keeping You
Waters Clean

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

Charles Intriago helps
banks wring-out money
laundering schemes.

34 Now I Lay Me
Down to Sleep
Planning ahead for end-of-life
eases health crises for patients
and their families.


Dean Jerry Speaks on Legal Education

Madeleine Albright outlines presidential
challenges ahead
Florida Attorney General Bill McCollum
shares his vision on shaping public policy
Martin Levin Advocacy Center set to break
ground this summer
UF Law and Journalism students observe
Florida Supreme Court consideration of
false light cases

From family law to sports and music law,
UF Law enjoyed a well-rounded spring
conference schedule

New scholarship fosters diversity
Gift funds summer fellowship with
Anti-Defamation League
Recent gifts and pledges

Mixed Sources y


Class Notes
Walbolt honored for pro bono work
Mickle celebrates 10 years on the federal bench
Ervin and a lifetime of service

Faculty Scholarship

Farewells: Jerold Israel, Michael Gordon,
Joseph Little
Welcome new faculty members

Fill your bookshelves with literary works
penned by faculty and alumni

Find new associates or post your job openings

State "Son of Sam" laws at risk
of being struck down as unconstitutional


Dean Jerry Speaks on

Legal Education

Q. Can you speak on today's challenges for
legal education?
A. Twenty-first century legal education has its roots
in a choice our predecessors made in the late 19th
century when legal education stood at a crossroads.
One of the available paths was similar to the route
taken by the medical profession, and would have
made heavy use of clinical training provided to small
groups of students in live practice settings. That was
a more expensive choice, and the medical profession
made it work by setting up clinical practices that
earned revenue and essentially competed with medical
professionals who were not a part of the teaching
Law schools took a different path, largely under
the influence of Langdell at Harvard, and adopted a
model of one instructor leading large classes of 100
or more students in a setting that looked more like
a traditional classroom. That model persisted as the
norm for nearly 100 years until a number of lawyers
and some academics put forward the proposition that
legal education would be improved if skills training
had a greater role. The critique of legal education
stuck, and beginning in the 1970s and with the
impetus of the McCrate report in 1992, almost all
law schools added a significant skills component
to their curriculum, including both clinical training
opportunities and simulation courses. UF Law was
no exception and we offer eight clinics, a number
of externships, and a rich array of skills simulation
courses, including a mandatory upper-class legal
drafting requirement.
The challenge for legal education today is that
the economic model we use to pay for what we
do continues to be driven by the ancient Langdell

i L



approach, that is, a large number of students being
taught by a relatively small number of instructors.
Most public law schools, and this is especially true of
Florida, have not had the resources to support clinical
and small-group skills programs in the style that the
medical profession provides training to its students. If
we were to mimic that approach, we would have law
school faculties form their own law firms and go out
and compete for clients and administer legal services
to those clients to generate revenue to pay for the
costs of small group instruction. That's where we see
a profound cultural difference between the medical
and legal professions it's difficult to imagine law
schools engaging in direct competition for paying
clients with the non-academic legal profession.
So, in legal education today we grapple with how
to pay for many of these skills training programs that
are delivered in small-class settings with a very low
student-faculty ratio.

Q. How is UF Law at training students to succeed
in private practice?
A. We do a very good job here, but we continuously
strive to improve the quality of our programs. As a
large school that needs more funding, we do extremely
well with what we have. Thus far, we provide a
clinical experience or a major skills simulation
training experience (such as trial practice, negotiation,
counseling, or mediation) to every student who wants
it. I mentioned our legal drafting program we're
fairly unique among all law schools in this regard
- where every student must complete, in addition
to the required legal research and writing course, an
intensive course on drafting legal documents that
advances those skills in very practical, real-life ways.
One of our success stories is an advanced business
documents legal drafting course in the corporate
area, where Professor Stu Cohn works with a team
of adjuncts led by Dan Aronson to provide intensive,
in-depth skills training. A number of other courses are
heavily oriented toward preparing students to manage
sophisticated aspects of specialized practice areas.

Q. What are some continuing challenges for higher
education in general in Florida, and specifically for
this law school?
A. Unfortunately, the trying economic times facing
our country generally, and Florida specifically, have
led to reductions in funding for nearly all government
agencies, including those that deliver educational
services. Over the long haul, I hope our state's budget
fortunes will turn around so that new revenues can
lead to new investments in our academic program. It
is inevitable that increases in tuition will supply some

Levin, Mable
& Levin

of those new revenues, given that our tuition is among
the very lowest of the nation's 200 ABA-accredited law
schools. If you look for other large public law schools
affiliated with the nation's top universities, you'll find
what are widely regarded as the seven or eight best
public law schools in the United States and when
compared to that group, you'll find that UF Law spends
less than half per student in providing an education as
the average of those other law schools.
The bottom line is that UF Law provides a really
high quality education for the dollar, but we're not
going to be able to deliver the kind of academic
program Florida citizens deserve if we have to go
through an extended time period where those other
schools outspend us two to one in direct educational
expenditures. We'll have to change that through a
combination of state support, increased tuition, and
increased private support from our alumni. That's
really the only alternative if we're going to provide
Florida residents with a premier legal education.

Q. How could public or private investments
improve the academic program?
A. Our student-faculty ratio is getting better, but we
still lag behind our peers. We need to appoint additional
faculty. For a law school of our size, we need more
student affairs professionals, including career services
support. We need to improve the library's collection
and its array of electronic databases. Having more
resources to invest in adjunct faculty would improve
our curriculum, and we could do more to support our
co-curricular activities, such as the journals, moot
court, and trial team. We have an excellent program
- make no mistake about that. But we have the
potential to be better, and I believe the citizens of our
state deserve a law school of the very highest caliber.
If, however, we go through a sustained era of resource
deprivation, our current quality will definitely be at

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

support. Private support makes most of our faculty
research assistant positions possible, and this program
is a classic win-win the student gets a one-on-one
educational experience with a faculty member, the
student gets financial support to help pay for his or her
tuition or living expenses, and the faculty member gets
help with his or her research. When we bring in outside
speakers to the college and make them available to
interact with students and faculty, it's private support
that makes those visits possible. We're about to have
two more United States Supreme Court justices visit
the law school, which is a wonderful experience for our
students, and it is private support that will make those
visits possible. It's also important to realize that alumni
help us not just through their gifts, but also through their
time and their advocacy for the law school's future.
There's really no substitute for that kind of support, and
our alumni have been wonderful in providing it.

Q. What do you see in the Levin College of Law's
A. We have a great tradition at UF Law of preparing
leaders for our workplaces, our profession, the
judiciary, state and national government, our
communities and society. We are all familiar with
countless examples of UF Law alumni making a
profound difference in all of those venues, and it is
hard to imagine what our communities, our state, or
our profession would be like without the efforts and
contributions of those alumni. I see our law school
building on this tradition and projecting it into the
future. It's an exciting future to imagine, and I hope
we can all work together to achieve it.

"Private support makes most of our
faculty research assistant positions
possible, and this program is a classic



Former U.S. Secretary of
State Madeleine Albright
spoke on March 26 to a
packed classroom of UF Law
students, faculty and staff about
the difficulties the next president
will face.
Albright discussed the state
of the presidency and her new
book, Memo To The
Albright's President Elect:
book centers How We Can Restore
around the America Reputation
five big issues and Leadership.
t the nex It was written for
that the next
tent the president elect
president to read on election
will have to night, but it's out
confront. now, so it's basically
for Americans
primarily, some foreigners, in order
to see what I think are the major
national security issues for the next
president to confront," she said.
The idea of the book stemmed

from thinking about the power of
the American presidency while
watching former presidents and
President George W Bush interact
at former President Gerald
Ford's funeral at the Washington
National Cathedral. Albright
spent much time researching
how former presidents had
seen the office.
The former U.S. Secretary of
State spoke mostly of the "horrors
of the world" that the next
president will have to combat.
"I think this is going to be one
of the hardest presidencies that
we have seen in a very, very
long time," Albright said.
The book centers around
five big issues that the next
president will have to confront,
including fighting terrorism
without creating more terrorists,
mitigating the threat of nuclear
powers, reducing the effects of

globalization, restoring the good
name of democracy, dealing
with environmental issues, and
managing two wars.
Albright spoke of the "hot
wars" in Afghanistan and Iraq
and the task of the president to
deal with each war's unintended
consequences. Afghanistan's
unintended consequence is
Pakistan, she said. "Pakistan is a
country that has every element of
what gives you an international
migraine. They have nuclear
weapons, terrorism, extremism,
poverty and corruption."
But "Iraq is going to go
down in history as the greatest
disaster in American foreign
policy," in terms of unintended
consequences. Albright compared
the war in Iraq to billiards. "With
a bunch of balls in the middle
of the table, you hit the ball,
hope it will get into the pocket
on the other side, but on the way
it hits a lot of other balls it's
very horizontal and dynamic,"
she said


Former U.S. Secretary of State

Madeleine Albright Visits UF Law



"The next president has a huge agenda,
and is going to have to operate in some
other way realizing that we have to work
with other countries," Albright said. "The
next presidency is going to be a very, very
difficult one."
Albright was the 64th secretary of
state of the United States. In 1997, she
was named the first woman secretary of
state and became, at that time, the highest
ranking woman in the history of the U.S.
government. Albright visited the Levin
College of Law upon the invitation of UF
Law Professor and Dean Emeritus Jon
Mills (JD 72), director of the Center for
Governmental Responsibility.
Albright is a principal of The Albright
Group LLC. She is the first Michael and
Virginia Mortara Endowed Distinguished
Professor in the Practice of Diplomacy
at the Georgetown University School
of Foreign Service. She chairs both
the National Democratic Institute for
International Affairs and the Pew Global
Attitudes Project and serves as president
of the Truman Scholarship Foundation.
Albright co-chairs the UNDP's
Commission on Legal Empowerment of
the Poor, serves on the board of directors
of the Council on Foreign Relations, the
board of trustees for the Aspen Institute
and the board of directors of the Center
for a New American Security.
UF Law alumni Carol M. Browner
and Janet R. Studley were instrumental in
arranging the visit. Browner (JD 79) is a
principal of The Albright Group LLC, a
global strategy firm, former head of the U.S.
Environmental Protection Agency and a
member of President Bill Clinton's cabinet
for eight years. Studley (JD 76) is a partner
with Holland & Knight in Washington
D.C. and past chair of Holland & Knight's
Government Law Section. Studley also
served as chief counsel to the Subcommittee
on Federal Spending Practices and Open
Government of the United States Senate
Governmental Affairs Committee, chaired
by the late Senator Lawton Chiles.
Visit www.law.ufl.edu/Albright to hear
Albright's complete presentation.
Rachel Attal

Florida Attorney General Bill McCollum

Speaks at 20th Anniversary of Florida

Journal of Law and Public Policy

lorida Attorney General
Bill McCollum (JD 68)
discussed the role of the
Office of Attorney General of
Florida at the University of
Florida Journal of Law and
Public Policy's 20th Anniversary
Celebration on March 28.
McCollum said he truly
enjoyed his days as a U.S.
congressman because of the
new challenges he faced every
day, but as the chief legal
officer of the state, McCollum
said his role is very different
but still exciting. "You are in
the executive branch, you have
to make tough policy decisions,
and you are able to really get
things done. The pay isn't very
good, but you are doing good
every day," McCollum said.
The "Double-Gator" credited
his passion for public policy
as beginning as a UF Law
student. McCollum's lecture
was centered on the discussion
of important policy issues,
including the right of free speech
and consumer protection.
He spoke of the importance
of the right to free speech
around the world. At the heart
of public policy is free speech,
McCollum said. "It's just not
right to deny free speech; that
is so fundamental to us." He
expressed that the Office of
Attorney General of Florida has
a lot of important public policy
issues, but "there is nothing
more important than free

While speaking to the
future lawyers in the room,
McCollum said, "you are the
protectors of these freedoms,
but there's balance. The
constitution and the scales of
justice are one in the same.
Your job and my job is to do
our very best to get it right."


UF Trial Team Brings Home National

Civil Rights Trial Competition Title

U F Trial Team brought
home a national title at
the St. John's University
National Civil Rights Trial
Competition in Jamaica, N.Y.
After an intense three-day
competition Oct. 18-20, team
members Jessica Anderson (3L),
Frank Gaulden (3L), Alicia
Philip (3L) and
"We only had four Justin Stevens
weeks but everyone (3L) defeated
worked extremely 15 teams
hard day in and day from across
Sthe country,
out and in the end including Pace,
it all paid off." Arizona State,
and Emory.
The team was coached by Stacy
Scott, Esq. (JD 95) and the
Hon. David Gersten (JD 75),
chief judge of Florida's Third
District Court of Appeals in
Miami. Presenting the plaintiff's
case, Gaulden and Stevens
defeated Temple University in
the semifinals, and presenting
the defense's case, Anderson
and Philip defeated Washburn
University School of Law in
the final round. The civil
rights case concerned a student

accusing his college of violating
his due process and free speech
rights in the way in which the
school sanctioned him after
he was accused and found
responsible for harassing a

college dorm director. After
weeks of practicing the team
is very proud of the victory.
"We only had four weeks but
everyone worked extremely
hard day in and day out and in
the end it all paid off," Philip
said. "I'm so proud of the effort
my teammates put in and we
couldn't have done it without
our coaches."

Moot Court in the Elite Eight
he Justice Campbell Thornal Moot Court Board team finished in
the "Elite Eight" at the American Bar Association Law Student
Division National Appellate Advocacy Competition National Finals
in Chicago April 3-4. As one of only 26 regional champions to advance
to the National Finals, the team of Elizabeth Faist, Michael Schuster
and Jennifer Jones beat out Michigan State to reach the quarterfinals.
The ABA NAAC is the largest and most prestigious moot court
competition in the United States.



Martin Levin Law

Advocacy Center

to Break Ground

This Year
Thanks to support from Levin
College of Law alumni and
friends, UF law faculty,
staff and students will soon enjoy
a legal advocacy center second
to none. The Martin Levin Law
Advocacy Center, the core of a
$5.2 million construction project
scheduled to break ground this
year, will expand legal advocacy
education and provide state-
of-the-art trial facilities for the
college. Named in honor of
Martin H. Levin, son and former
colleague of Pensacola attorney
and college namesake Fredric
G. Levin, the center will put UF
Law at the forefront of major law
colleges providing students with
sophisticated facilities and services.
The impressive stand-
alone 20,000 sq. foot center
will boast a two-story grand
foyer and glass entry with an
open staircase that will rise
south of Bruton-Geer Hall. 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 will
accommodate judge's chambers
and a jury deliberation room.
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 Alec P Courtelis
Facilities Enhancement Challenge
Grant Program to bring the total
contribution to $5.2 million.

Levin is well known as one
of the most successful trial
attorneys in the country. In 1999
he provided a $10 million cash
gift that, with $10 million in
state matching funds, moved the
college's endowment into the top
10 of all public law schools in
the nation.
Other donors included Robert
Montgomery of Robert M. Mont-

gomery, Jr. & Associates in West
Palm Beach, and Robert Kerrigan
of Kerrigan, Estess, McLeod
& Thompson in Pensacola and
the Baynard Trust. Montgomery
and Kerrigan have exceptional
trial records and were instrumen-
tal in representing the State
of Florida in its $13 billion
settlement against the tobacco

The Martin Levin
Law Advocacy Center
will feature spacious,
courtroom facilities.

2008 NALSC Freedom Fellowship

he National Association of Legal
Search Consultants is awarding the
"NASLC Freedom Fellowship" to
University of Florida Levin College of Law
first-year student Ghulam Tariq Khan.
Khan will be a volunteer law clerk with the
American Civil Liberties Union of Georgia
on its National Security and Immigrant
Rights Project. As part of this summer
program, Khan also will be assisting in
monitoring the conditions at Georgia
immigration detention facilities, as well as
conducting community outreach.
This project was recently created to
address the erosion of the civil liberties
of various immigrant communities in
Georgia post-9/11. There will be a special

emphasis on education, community
outreach and the framing of domestic civil
liberties in an international human rights
Khan's dedication to community
service is exceptional. He spearheaded
a local organization called "Project
Downtown," which provides weekly
hot meals and hygiene products to the
homeless in downtown Gainesville, Fla.
Additionally, Khan has volunteered in
flood relief efforts for the Pakistan Red
Crescent, a counterpart to the Red Cross.
UF Law applauds Khan's commitment to
the public interest and immigration issues
and we wish him much success in his
summer endeavors.






Statutory Slayers
Knock-out the
Corporate Kickbacks
7-4 Second-year law
students enrolled in
Professor Lee-ford
Tritt's Estates and
Trusts and Professor
Michael Siebecker's
Corporations classes
spent an afternoon
testing their skills in
the 5th Annual Kickball
Tournament held on
the softball field at
Southwest Recreation
Center on Nov. 9.
Serving as the neutral
party and referee,
Associate Dean for
Students Rachel Inman
kept the competitors
in line. To see more
photos of the game,
visit the UF Law online
photo gallery at http://


Ties Between

Students and

lorida Supreme Court
Justice Raoul G. Cantero,
III (above left) engaged UF
Law students in a round-table
discussion in the college's Rare
Book Room during his visit
to the Levin College of Law
on April 16. Justice Cantero,
accompanied by Carl Zahner,
director of the Florida Bar
Association's Henry Latimer
Center for Professionalism, and
John Berry, also of the Florida
Bar Association, met with faculty
and students to discuss ways to
strengthen implementation of
professionalism in law school
classrooms and curriculum.

U.S. News

The Levin College of Law rose
a spot in recent U.S. News
and World Report rankings
to place in the top 25 public law
schools and 46th overall of the

Faculty Among Most Cited Law

Professors in the Country

several UF Levin College
of Law professors are
among those recognized
as the most cited in the country
in the latest rankings from
University of Texas Law Professor
Brian Leiter. Leiter's ranking of
Most Cited Law Professors by
Specialty, 2000-2007 includes
the following members of the
UF Law faculty: Professor Jerold
Israel, Ed Rood Eminent Scholar
in Trial Advocacy & Procedure,
who is 25th in Criminal Law and

nation's nearly 200 accredited
law schools. The Graduate Tax
Program was again rated first
among public law schools and
second overall, with only New
York University ranking higher.
The law school also was ranked
13th overall and 6th among public
schools for environmental law. UF
Law Dean Robert Jerry said, "First
let me emphasize, as detailed in
a letter I have endorsed along
with about 170 other law school
deans in the nation, that ranking
systems are an unreliable guide to
the differences among law schools

Procedure; Professor Lawrence
Lokken, Hugh F. Culverhouse
Eminent Scholar in Taxation,
who is 9th in Tax; Cone Wagner
Nugent Johnson, Hazouri and
Roth Professor Juan Perea, who
is 24th in Critical Theories; and
Professor Christopher Slobogin,
Stephen C. O'Connell Chair, who
is 11th in Criminal Law and
Procedure. Earlier this fall, Leiter
ranked the UF Law faculty among
the Top 35 Law Faculties Based
on Scholarly Impact for 2007.

that should be important to anyone
trying to compare them. The U.S.
News and World Report ranking
methodology is, in my opinion,
an extremely inexact measure of
an institution's true quality. But
the reality is that many people
use such rankings, and it would
therefore be poor judgment for
us simply to ignore them. Having
said that, we are still pleased that
the exceptional quality of our
graduate tax program continues
to be recognized, as is our status
as one of the country's best public
law schools."


False Light

Boarding a bus for

Tallahassee at 5:15 a.m.
was no obstacle for 50
law and journalism graduate
and undergraduate students who
traveled to the Florida Supreme
Court March 6.
The students heard
arguments in two significant
false light cases, Jews for
Jesus, Inc. v. Edith Rapp and
Joe Anderson, Jr v. Gannett
Co., Inc. Both are cases of first
impression on appellate review.
The outcome will decide
whether Florida will recognize
the privacy tort of false light.
"The Anderson case is
incredibly important for the
state's new media," said
Professor Sandra F. Chance
(JD 90), who teaches media law
at the College of Journalism
and Communications and was
one of two faculty members on
the trip. "This case involved
an investigative news story,
where both parties agreed that
all the facts were true, yet the
jury awarded the plaintiff more
than $18 million. That's a direct
assault on the First Amendment
and journalists and media lawyers
everywhere are watching this
The event was coordinated
by Ana-Klara Hering and
Kristen Rasmussen, both
second-year UF Law students.
Hering and Rasmussen are part
of the joint degree program
in media law and policy with
the College of Journalism
and Communications, where
Hering is a doctoral candidate
and Rasmussen is pursuing her


I ...

"I would like to think that
our presence in the court room
demonstrated to the judges how
significant the false light issue is
to future journalists and media
lawyers," Hering said.
UF law students took up
nearly two-thirds of the court
room and were acknowledged
by Chief Justice R. Fred Lewis
before arguments began.
"It was fascinating for
students to see the kinds of
questions the justices asked,"
said Professor Lyrissa Lidsky,
a professor at the College of
Law who also attended the
trip. "The Justices clearly
had thought about the First
Amendment implications of
their decision."
After oral arguments, the
students participated in a panel
discussion with plaintiffs'
and defendants' counsel from
both cases. Professor Chance
participated in the panel and
Professor Lidsky moderated.

-. .. .. -
UF faculty and
"We got to hear from the students on the
fighters right out of the boxing steps of the Florida
ring," Hering said of the panel. Supreme Court.
The panel discussed the
issues surrounding the torts
of false light, defamation and
how those issues affect the
To end the day, students
heard from Florida Supreme

Court Public
Officer Craig
Waters (JD
86). Waters is
instrumental in
the court's online
court system,
which was
recognized as
one of the best
in the nation.

"I would like to
think that our pres-
ence in the court-
room demonstrated
to the judges how
significant the false
light issue is to fu-
ture journalists and
media lawyers...

The trip was sponsored
by the College of Journalism
and Communications and the
Gainesville Professional Chapter
of the Society of Professional
Journalists. -Adranna C. Rodrguez



Music Law Conference

hen Brian Mencher
(JD 02) organized the
inaugural Music Law
Conference, he was just like any

"I am sure that
everyone regardless
of whether they are
musicians, business
owners, lawyers or
students all left a little
bit more prepared to
deal with their futures
in entertainment."

other law student
trying to make a
difference. After
being rejected
three times from
UF Law, he made a
promise to himself
that he would
graduate in the
top 3 percent of
his class and leave
his mark with the

school. Well, he accomplished
both of these goals and set the
foundation for one of the largest
conferences held at the Levin
College of Law.
The Sixth Annual UF Music
Law Conference, held on Feb. 16
in the Chesterfield Ceremonial
classroom, explored 360 degrees
of the music industry and how the

music business is integrated with
everything from film, television
and changing technologies to
music sharing and merchandising.
The Live Music Showcase
hosted on Friday night at Side
Bar, a local club, gave everyone
involved with the conference a
chance to sit back and mingle with
people from the industry while
enjoying different genres
of music.
The conference, titled, "Music
& Mixed Media," was organized
into five panels that focused
on entertainment markets,
ethics, protecting rights, new
distribution and commercial
markets. Two of the five past
Music Law Conference directors
served on these panels. Brian
Frankel (JD 07) and Mencher
discussed the entertainment
markets and ethics involved
with being a successful young
lawyers in the business. Also

attending the conference were
past directors Jason Gordon (JD
04) and Andrew Kanter (JD 06).
Whether the panelists
were attorneys, musicians or
businesses executives, it was
clear that their passion for
protecting and creating music
was a driving force. All of
the panelists emphasized the
importance of networking,
establishing relationships and not
being afraid to take chances.
"It's the people you know
who will get you the jobs," said
Frankel, who is an attorney
working in Washington, D.C. and
past director of the 2007 Music
Law Conference. He emphasized
the importance of location in the
industry and getting involved with
volunteering. Frankel said the
most important piece of advice
is to learn to barter with clients
stating, "getting paid is not nearly
as important as getting known."
Director Gerard Kardonsky
said he was very pleased with
the turnout, which attracted an
excellent crowd from diverse
backgrounds. "I am sure that
everyone, regardless of whether
they are musicians, business
owners, lawyers or students all
left a little bit more prepared
to deal with their futures in
entertainment," he said. "The
panels were extremely stimulating
and provocative this year."
Director of Legal and
Business Affairs for EMI
Televisa Music Oswaldo Rossi
served as the keynote speaker
for this year's conference.
Nick Nanton (JD 04), an
award-winning songwriter, also
served as a panelist for N\\
Distribution." Dean Robert Jerry,
Associate Dean Kathie Price, LTI
Director Andy Adkins, Associate
Dean Rachel Inman and
Associate Professor Elizabeth
Rowe served as moderators for
the panels.


Weyrauch Lecture

Revisits the

American Family
Stephanie Coontz, a professor at
Evergreen State College and director
of research and education of the
Council on Contemporary Families,
delivered the second annual Weyrauch
Distinguished Lecture in Family Law
on March 26 in the Chesterfield Smith
Ceremonial Classroom.


Coontz, a social historian who is
nationally known for her work on the
history of marriage, has been deeply
involved in the litigation and public
debate over same-sex marriage. She
is perhaps best known for her book,
The Way We Never Were: American
Families and the Nostalgia Trap. She
most recently published Marriage, A
History: From Obedience to Intimacy,
or How Love ConqueredMarriage. The
title of her lecture was "Courting Disaster:
The Historical Revolution in Marriage."
Presented by the Center on Children
and Families, the lecture is named in
honor of Professor Walter O. Weyrauch.
internationally known for his work inl
foreign and family law. Weyrauch
came to the United States from
Germany in 1952 and joined
the UF law faculty in 1957 as
an associate professor of law.
Before retiring this year, he was
a distinguished professor
of law and Stephen C. O'Connell

Sports Law Symposium

he University of Florida Entertainment and Sports Law Society's
inaugural Sports Law Symposium, "From the Locker Room to the
Board Room," drew a diverse crowd to UF's Reitz Union Auditorium
Feb. 8 for a series of discussions involving players, coaches, agents and
The focus for this first-ever symposium held in conjunction with the
Law College Council, the Sports and Entertainment Business Society and
the Undergraduate Sports Management Club was to take an in-depth
look at each aspect of the world of sports. Marc Isenberg (at left in photo
below), author of Money Players: A Guide to Success in Sports, Business
& Life for the Current and Future Pro Athletes, served as the morning
keynote speaker and moderated the panel of student-athletes.
During the afternoon, former vice president of the New Orleans
Saints and current city councilman of New Orleans Arnie Fieklow spoke
on the different aspects of management in professional sports while also
moderating the panel with executives. Panelists included Jai Lucas, UF
Men's Basketball player; Travis McGriff, former UF and NFL player and
currently a member of Team Florida's All-American Football League; Shane
Mathews, head coach of the AAFL who played in the NFL for 14 years;
Paul Vance, senior
vice president of "The transition from college ball
the Jacksonville
Jaguars; and Glenn to pro-ball forces you to quickly
Schwartzman, CEO realize it is a business and you
of Alliance Sports are an investment as a player..."
Management and
agent for several
professional athletes. Many participants emphasized the importance of
maintaining relationships in this businesses, while every professional
athlete recognized the importance of player-agent relationships.
"The transition from college ball to pro-ball forces you to quickly realize
it is a business and you are an investment as a player," said Darren O'Day,
former UF baseball star now playing in the minor leagues
for the Anaheim Angels. "We hope that we've laid the
groundwork for something important here at the
University of Florida," said Scott Ehrlich, president
of EASLS. "Next year, we would like to get
even more student involvement. We
hope that the University of Florida
Sports Symposium will become as
-"n nli ... ith Florida sports as
il nnin, ,o II -r,- in-pionships."



Nelson Symposium Examines "Green Building"

U F Law students and fac-
ulty, state and local gov-
ernment agency represen-
tatives and building contractors
gathered to discuss the many
implications of "Going Green"

"State and local
governments don't
just need to reduce
emissions, they
need to push ahead
of technology..."

to improve the
tal landscape
for future
The Seventh
Annual Rich-
ard E. Nelson
held Feb.

15, featured a diverse panel of
speakers from law and related
fields to explore the construction
of green building, its positive
impact on the environment and
its implications for state and
local governments.
The conference, titled
"Green Building: Prospects and

Pitfalls for Local Governments,"
examined topics including the
legal landscape of green build-
ing, Leadership in Energy and
Environmental Design (LEED)
and other certification programs,
the state of Florida's climate
change initiatives and private
environmental lawmaking.
Green building construction is
an integrated design that is envi-
ronmentally responsible, profit-
able in the long term and creates
a healthy place to live and work.
This high performance build-
ing construction helps alleviate
our carbon footprint caused by
making everyday decisions that
increase greenhouse gas emis-
sions, Bahar Armaghani, assistant
director at UF's Facilities Plan-
ning & Construction Division,
When analyzing state and
local climate change initiatives

it is important for government
agencies to be on the cutting
edge. Kristen Engel, University
of Arizona James E. Rogers
College of Law professor,
urged government agencies to
be proactive in the race to
become green.
"State and local govern-
ments don't just need to reduce
emissions, they need to push
ahead of technology," she said.
"State governments should
mandate the adoption of better
This is the seventh sympo-
sium honoring Richard E. Nel-
son who served with distinc-
tion as Sarasota County attorney
for 30 years and Jane Nelson,
two UF alumni who gave more
than $1 million to establish
the Richard E. Nelson Chair in
Local Government Law, which
sponsors the annual event.


Public Interest



The University of Florida Levin College
of Law's 14th Annual Public Interest
Environmental Conference (PIEC)
was held Feb. 28 March 1 at the UF Law
campus. The theme of this year's conference
was "Reducing Florida's Footprint: Stepping
Up to the Global Challenge." The conference
focused on Florida's role in global issues on
energy, land use, biodiversity and water. The
PIEC was held place in conjunction with
the inaugural University of Florida Water
Symposium, "Sustainable Water Resources:
Florida Challenges, Global Solutions."

The PIEC opened with a pre-
conference keynote speech by Sheila
Watt-Cloutier, an Inuit climate change
and human rights activist and 2007 Nobel
Peace Prize nominee. Co-sponsored
by the UF Office of Sustainability, the
conference was free for all UF siLudItIit
faculty and staff.
Since its inception in 1994, tinus siudiil-
organized conference has attracted lop
practitioners, legal scholars and
scientists from around the state
and beyond to discuss Florida's
most pressing environmental
Now in its 14th year,
the PIEC has enjoyed
a continual increase in
reputation, attendance si
and popularity.

American Law of Real Property
olumbia University Law Professor Thomas W. Merrill cautiously encouraged the
use of eminent domain to be determined by local referendum at the first Wolf
Family Lecture in the American Law of Real Property on Feb. 22. The lecture,
entitled "Populism and Public Use," examined the role and consequences of popular
constitutionalism in regards to deciding the use of eminent domain.
Merrill examined the hostile public backlash concerning the U.S. Supreme Court's
decision in the Kelo v City of New London case involving an economic development project.
The Supreme Court upheld the use of eminent domain because it determined that the
property qualified as a public use and thus the use of eminent domain was permissible.
Even though the decision caused an immediate uproar from the U.S. House of
Representatives, which passed a resolution condemning the decision the following day,
Merrill thought the public outrage would soon cease. However, his assumption was
inaccurate and the consequences of the decision have continued. The public opinion
of the use of eminent domain is that it has not been properly handled by the courts or
state legislatures, Merrill said. As a result, many states have taken matters into their own
Opinion polls show that 80 to 90 percent of people disagreed with the Supreme Court's
decision; and as a result, there were 10 public referendums in various states during the
November 2006 election, and eight pure anti-Kelo measures passed by comfortable margins,
Merrill said. "There is some evidence that the closer the decision is to the people via
referendum, the more uniformly anti-Kelo, anti-eminent domain the response tends to be."
The public backlash
gave a glimpse into the The public backlash gave a
possible use of popular glimpse into the possible use
constitutionalism when .
deciding contested of popular constitutionalism...
constitutional issues. The
argument entails that constitutional issues should not be decided by the courts or elected
officials, but by the people themselves, Merrill said.
Merrill discussed the conflicting principles of eminent domain. On one hand, eminent
domain is crucial to help protect ecological sites and fight urban sprawl, but the dissenting
opinion views eminent domain as unfair because it provides incomplete compensation for
land and undermines general property rights.
When trying to develop a plan to balance the two values, Merrill concluded it is a
complicated task. "There is no clear right answer of how to balance these conflicting values."
As a result, Merrill cautiously advocates that this issue needs to be decided by the people at
a local level.
He said the experiment would be a risk but insists it's worth it to decide the issue
that has not been properly handled by the Supreme Court or state legislatures. Merrill
believes that the eminent domain debate should be decided by local referenda, but
it is important to ensure the people making the decision are knowledgeable and well
informed regarding the issue.
The lecture series was endowed by a gift
r, I Ir,- 1 -. 1 1
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brein str S ve S ho ca us twtr

ater is
now the
all future
in the
state of Florida hinges. Burgeoning
communities throughout the state
are beginning to recognize the
limits of sustainability for their
own groundwater supplies and are
casting jealous eyes on the seemingly
plentiful, clean water of less-
developed neighbors.
As varying interests jockey for
their cut of Florida's water pie, citing
"local sources first" and "reasonable
beneficial use" to carve out their
claims, straightforward solutions to
the state's complex water crises seem
increasingly unlikely. Municipal
demand, which accounts for a third
of all the water used in the state, is
projected to increase 50 percent by
the year 2025 as Florida's population
continues to swell. And agriculture
and industry cut their own mammoth
slices out of Florida's water
The water management districts
work hard to implement Florida's
water law, but the insatiable demand

of their various constituencies is a lot
like water for elephants ... there just
never seems to be enough.
Take the "water war" brewing in
the St. Johns RiverWaterManagement
District over its proposed approval of
Seminole County's request to siphon
5.5 million gallons of water a day
from the St. Johns River. Critics
throughout North and Central Florida
have excoriated the intended decision,
with some saying it will impact river
ecology while others fretting it will
reduce the water available to supply
their own thirsty futures.
Challenged by environmental
watchdog organization the St. Johns
Riverkeeper, the city of Jacksonville
and St. Johns County, the matter
is now on the docket to be sorted
out during a Chapter 120 Formal
Administrative Hearing this October
in Tallahassee. A recommended
order is expected by the end of the
"I don't like the phrase, 'water
war,' said Kathryn Mennella (JD
80), general counsel for the St. Johns
River Water Management District.
"I think it represents a level of
divisiveness that doesn't reflect the
reality of what so many people are
striving to achieve."


Tap river, ocean? Brace for bills

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The Orlando Sentinel



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County may
scale back
its growth

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Deland-Deltona Beacon



Battle brewing

"When they really started
getting concerned about that
problem was when one util-
ity started to fight with another
utility [in court] over who was
getting the last of the water,"
Green said. "Then that brought
it home."

The Florida Times Union

II I | l* n

i-- .i -."'r I*m

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Water pressure bubbles upon officials
--.. .,-_- -.. .. --.
S. .


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-rrn r t

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rirtohnh~sb H I

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over who can

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North 1orida fies
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"2 "-
.+- "- 'L___ + ,

-" .----.

Withdrawals by User

4% Domestic Self-Supplied
(Residential wells)

1% Power Generation

Source: Water Withdrawals, Use Discharge and Trends
in Florida, 2000. Richard Marella USGS, 2004



43% Public Supply

4.5% Recreational Irrigation
8.5% Commercial/Industrial

39% Agricultural





The media has billed Seminole
County's proposed withdrawal as slated
for lawn irrigation. But Mennella points
out that's not entirely true. According to
the county's permit application, most of
the water would be treated to meet future
public supply demands municipal
drinking water piped to homes and
businesses while less than 1 mgd of
the withdrawn water would supplement
the county's reclaimed water system to
increase efficiency.
"It's tricky for people to understand
why you would need to augment the
reclaimed water supply," Mennella said.
"The primary reason is because people are
flushing their toilets about the same amount
all year round, so the amount of reclaimed
wastewater is constant year-round, but
peak demand for irrigation water occurs
during April, May and June."
If the reclaimed water system isn't
supplemented with river water during
months of peak use, Mennella notes, not
enough reclaimed water can be supplied
for irrigation when customer demand
is greatest. When that happens, utilities
must limit the number of new customers
using the reclaimed water system, leaving
some customers to irrigate year round
with municipal drinking water drawn
from high-quality ground water sources.

She says the district has proposed to
approve a limited river withdrawal in
part to facilitate the county's effort to use
100 percent of its treated wastewater for
irrigation, a proactive initiative consistent
with the district's regional water plan and
one that relieves stress on limited ground
water that sustains lakes and springs.
Despite the firestorm of criticism
directed at her agency because of its
proposed permit decision, Mennella is
confident in the law.
"I think this administrative law
proceeding is, in many ways, a very
positive thing," she said. "What this
debate will do is educate people about
where their water comes from and about
the water resource. ... In a way, the debate
has really raised the consciousness of so
many people about how much water is
needed, and that every water resource
- whether it's ground water, surface
water, sea water, brackish water has
its limitations."
Mennella believes the spirited
discussion will lead to more diversified
community water portfolios that
emphasize use of reclaimed wastewater
and increased conservation. But changing
the water habits of residents in a state
that promotes itself as a tropical paradise
with overflowing fountains, swimming

pools and lush landscapes might be more
easily said than done.
"From a big-picture perspective, the
concern is if the growing part of the state
is not using water wisely, then we are just
being wasteful by feeding their addiction
by giving them more and more water,
when they should really be doing other
things to curb their water use first," said
Mary Jane Angelo (JD 87), a University
of Florida associate professor of law.
Angelo has served in the general
counsel offices of both the U.S.
Environmental Protection Agency and
the St. Johns River Water Management
District. She noted that the Florida
Legislature has expressed its "local
sources first" preference with provisions
in the law that require consideration of
other options such as implementing
conservation measures and other
alternative sources before looking to
tap another part of the state.
The St. Johns Water Management
District has estimated as muchas 262 mgd
of water may be available for withdrawal
from the St. Johns River and its tributary,
the Ocklawaha River. Although the
Seminole County withdrawal would
benefit people within the district,
some of the river water targeted for
withdrawal by other proposed projects


in the district's regional water supply
plan could be used by counties and cities
located at the district's shared boundary
with another water management district.
As a result, there is potential that some
water could be proposed for transfer for
use within an adjoining district.
"I think these water transfers are
a bad idea, because if we keep giving
people more and more water there is no
incentive for them to cutback on wasteful
water use or to stop using excessive
amounts of water to irrigate landscaping
and lawns," Angelo said. "Whereas, if
at some point, we said, 'There is just
no extra cheap, easy water and you're
either going to have to cut back or pay
a lot of money for desalination or some
other technology,' then I think you'll get
people's attention."

With nearly 60 inches of annual
rainfall, Florida's long-termproblem isn't
a shortage of water. It's the diminishing
supply of clean, inexpensive water from
the aquifers underfoot. The deep Floridan
aquifer and various shallow aquifers
bordering the coast are the sources from
which 92 percent of Florida's 18 million
residents drink. Each drop of the cool
liquid is a hot commodity in a state that

relies on more than 20 billion gallons of
water every day for residential, industrial
and agricultural uses.
"Basically, we've got the same
amount of water as we've ever had,"
said Richard Hamann (JD 76), a UF
Levin College of Law associate in law

and assistant director of the Center for
Governmental Responsibility. "The
problem is we've drained off so much
of it and have lost much of the resource
that would otherwise be available for
consumptive use and for maintenance of
natural systems."

Estimated Cost of Alternate Drinking Water Sources

per 1,000 Gallons

Sea Water


0.60- 1 -
0 !0-$1/

--- )

Reverse Osmosis
Brackish Water


Si $2-$4/

01 00u gallons I 000 gallons '1000 gallons
Source: St. Johns River Water Management District (Cost of treatment only, does not include transmission.)

$3.50 $4.50/
1000 gallons


Hamann said thousands of drainage
canals carved into Florida's landscape for
flood control and removal of water from
wetlands for development have resulted
in compromised natural systems that
are unable to store and recharge water.
Increasing urbanization and continuing
agricultural demand place added stress
on already strained water systems.
"The basic, fundamental problem
is scarcity," said Hamann, "yet as the
resource becomes scarce greaterdemands
are placed upon it, and those demands
are increasing because of population
In 1976, the year Hamann graduated
from UF with his law degree, the state
was sparsely populated, home to 6.8
million people. Orlando was a sleepy
town better known for its cattle and
citrus industries than tourism, and the
state's Water Resources Act of 1972,
offspring of the Model Water Code
formulated in the early 1970s by Dean
Frank Maloney of the University of
Florida College of Law, was in fledgling
stages of implementation.
"I think we're blessed with a very
flexible law in Chapter 373 of the Water
Resources Act, in that it anticipated
most of the issues that would arise over
the course of time," said Stephen A.

Walker (JD 74), a shareholder of Lewis,
Longman & Walker in Palm Beach
As general counsel for the South
Florida Water Management District
until entering private practice in 1991,
Walker was instrumental in negotiating
the historic Everglades Settlement
Agreement with the federal government.
Also under his leadership, the legal
framework was erected for the district's
regulatory initiatives under the Water
Resources Act, a framework that
continues to guide water management in
the region.
"I started work at the South Florida
Water Management District in 1975,"
said Walker. "One of my first jobs at the
water management district was to take
these rules (established by the Water
Resources Act) and translate them into
tangible action items that can be applied
by a permit reviewer to assure that the
purpose and intent of the rules were
being followed and that we were getting
the water resource results that the law
As a first step, the state's water
management districts inventoried surface
and ground water systems within their
boundaries and established rules and
regulations designed to protect and

equitably allocate water. The districts
also were charged with protecting the
environment, and they began establishing
some of the first assessments for minimum
flows and levels in water systems in an
effort to balance preservation and recovery
of important natural systems with the
need to allocate water for beneficial
human uses. This juggling act sometimes
achieved mixed results.
"We've put ourselves into a situation
where we have to engineer, if you will,
our way to a solution," Walker said. "It's
inordinately complex, because despite all
our efforts, we still don't fully appreciate
and understand the interrelationship
between human decision making and
actions with the environment, and the
environmental consequences that might
result in 15, 20 years from now."

In the late 1990s, the environmental
consequences of human actions became
painfully evident. Over-pumped well
fields in some parts of the state led
to saltwater intrusion, drops in land
elevation, bone-dry lakes and dwindling
wetlands a dramatic wake-up call for
Floridians, who, to their credit, sat up and
took notice. With the Water Resources
Act as its core, Florida law evolved


again to address the growing need to
balance water supply for both growth
and environmental sustainability.
"The regional water supply planning
statutes that were adopted in the late
'90s, which actually just refined those
established by the Water Resources
Act of 1972, called for water supply
planning looking at a 20-year horizon,
both for people and the environment,"
said Elizabeth D. Ross (JD 85), senior
specialist attorney for the South Florida
Water Management District.
"These were followed by two
landmark statutes passed in 2005; Senate
bills 444 and 360," said Ross. "Senate
Bill 444 primarily funded alternative
water supply development and required
the water management districts to
identify appropriate projects for future
water supply development."
Under SB 444, which seeks to promote
regional solutions to water supply issues,
alternative water supply projects are
identified as options in regional water
supply planning undertaken by the
districts. Regional water supply plans are
formulated by a public process designed
to engage all the stakeholders, including
local governments, agriculture, industry
and environmental advocacy groups.
Local governments must select projects

from the regional water supply plan,
unless they want to propose their own
alternatives that will meet their water
supply needs in a sustainable manner.
Senate Bill 360 shored up linkages
between water supply and land use

planning under Chapter 163. The
combined force of the statutes requires
communities to demonstrate in their
comprehensive growth management
plans that an appropriate 10-year water
supply for new land development has

Fresh Water Withdrawals

and Population by District, 2000

Northwest Florida Water Management District

Suwannee River Water Management District

St. Johns River Water Management District

Southwest Florida Water Management District

South Florida Water Management District

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


Five Water

been identified consistent with their
regional water development plans. The
growth management plans are submitted
to the relevant water management district
for initial staff review, after which
they're moved to the Florida Department
of Community Affairs for final action.
"What you have going on in

Florida now is a requirement under the
Comprehensive Planning Act, Chapter
163, that local governments have to
plan for the expected demand of water
and they have to include specifics in
their capital improvements elements as
to how they're going to get that water,"
said Roger W. Sims (JD 74), a Holland

& Knight partner based in the firm's
Orlando office.
During the past 10 years of Sims' 33-
year career, he's seen water rise to the top
of the state's list of planning priorities,
right up there with transportation. The
Department of Community Affairs
deems water supply to be such an urgent
issue that local comprehensive growth
management plans are rejected if they
fail to adequately address water supply
for new development consistent with
the regional water supply development
"If the water isn't there, then your
comprehensive land use change is not
going to get approved and they'll tell you
to go find an alternative supply," said
Sims. "... the result is that it's a win-win
if you can find the water, it's just going
to cost more."
Some of the alternative water supplies
the state identified in SB 444 to expand its
water portfolio include those generated
using reverse osmosis of brackish water,
desalination of sea water, capture and
storage of wet weather river flows, and
reclaimed waste and storm water.
Projects to develop and treat these
alternative water supplies will cost
hundreds of millions of dollars. To meet

E, ... ..... .

*-. r


economies of scale, projects will be
regional in nature, pooling the shared
water and financial resources of local
municipalities, the water districts, and
state and federal governments.
Ultimately, the costs of producing
drinking water from alternative sources
will be borne by the consumer. That's
not likely to sit well with state residents
used to getting water on the cheap, yet
Florida's situation has become one of
pay now ... or pay dearly later.

"You've heard that saying, 'Water,
water everywhere, but not a drop to
drink,' said Brian Wheeler, director
of Toho Water Authority in Kissimmee.
"That's where we are in Central Florida
right now there's water everywhere,
but none of that cheap aquifer water. So,
we're forced to go to the dirty water, the
expensive water."
As director of the Toho Water
Authority, Wheeler oversees an
organization that straddles three of
the state's five water management
districts the St. Johns, Southwest
Florida and South Florida. That has
placed Toho at ground zero within the
Central Florida Coordination Area,

cooperatively established by the three
water management districts in 2006 to
more effectively manage shared water
The water management districts
have determined ground water held by
the aquifer within the Central Florida
Coordination Area is limited, under
stress and unable to sustain metropolitan
Orlando's booming growth into the
future. No new or increased allocations
will be permitted from the area to meet
projected water demands after 2013. In a
little less than five years, water utilities
must have alternative sources of water
in place to bridge that gap, and they are
scrambling for options.
"Like a lot of utilities, we've got
multiple irons in the fire. Nobody
has identified a specific source that is
guaranteed, so we have a lot of utilities
exploring multiple sources, and many of
these new sources are going to require
cooperative ventures to be affordable,"
Wheeler said.
Affordable, but in this case also
controversial, because the Toho Water
Authority is one of six Central Florida
water utilities seeking to expand its
water portfolio with a $250 million joint
venture to withdraw as much as 40 mgd

from the St. Johns River. The water
would be stored in the Taylor Creek
Reservoir near the river's headwaters in
a system similar to that of the successful
Hillsborough River Reservoir in Tampa
Bay. The idea is part of a larger regional
water development plan put forth by the
water management district.
Toho Water Authority isn't counting
on the proposed St. Johns River/Taylor
Creek Reservoir project alone to meet
its future water demands. Wheeler and
the authority's governing board have
several options on the table, including
the potential for a reservoir to capture
some of the wet weather flow from
the Kissimmee River, and additional
groundwater sources in Osceola County's
undeveloped south.
"In conjunction with that, we're
looking at extending the efficiency
of the use of our reclaimed water
system," Wheeler said. "Half of ourfuture
water demand, as it is for most utilities
within Central Florida, is irrigation ...
which doesn't require potable water.
So, if we can use reclaimed water for
that purpose rather than potable water,
then we have reduced our future demand
for potable water and maximized

"There's enter r ever \ here, but none

of thiti cheap aquifer water.

So. \\e're forced to go to the dirty water,

the expensive \\ ter "-Brian Wheeler



appliances, water

fixtures and irrigation

practices could save

billions of gallons of

conserved potable water

every day."

Reclaimed water is a plentiful source
of cost-effective alternative water,
which together with conserved and
reallocated water, ranks among the
most overlooked and difficult to sell to
the general public. Because wastewater
is 99.9 percent water, it's also a
guaranteed source as long as people
flush toilets and send water down drains
it will always be in steady supply -
and it has been demonstrated to be
safe and more affordable than other
alternative sources such as reverse
osmosis or desalination.

"Floridians rely more heavily than the
national average on ground water, and
somehow we've developed this myth that
there's this 1,000,000-year-old drop of
water stored in the Floridan aquifer just
for me so I can run it through my toilet
once," said Christine Klein, a UF Levin
College of Law professor of natural
resources, water and property law. "That's
not a sustainable water use."
But ground water use for residential
irrigation, which accounts for as much
as 75 percent of municipal water used
during some periods of the year, could
be replaced by reclaimed water. The
same could be said for agricultural
irrigation and water used to cool power
Klein noted that water-efficient
appliances, water fixtures and irrigation
practices could save billions of gallons
of conserved potable water every day
without a change in lifestyle. Take
Denver, Colo., where a judge required
installation of low-flow toilets and other
conservation measures rather than allow
construction of a new dam. The savings?
Another 20 years of water supply from
the city's existing sources.

Choosing how best to conserve
water, develop new sources of water
and preserve existing resources and the
natural systems they support will not
be easy, politically or otherwise. Those
involved say it will require enormous
amounts of foresight, cooperation and
money to achieve.
Despite all the controversy, Florida's
water law seems to be working well. The
process is bringing all of the stakeholders
to the table and has elevated the issue
of water sustainability on the public
radar. The final outcome may involve
sacrifices and compromise. It may be
expensive. And not everyone is likely to
be satisfied. But, Klein believes the rule
of law will bring equitable resolution to
this compelling issue that affects us all.
"Our time has come to sort out our
water issues," Klein said. "The function
of law, of course, is to prevent a sort of
self-help, free-for-all, where the water
users at the head of the watershed would
get it all.
"Because we are a society of laws,"
she said, "I'd like to think we can be more
sophisticated in our approach." 0


In a world grappling with critical shortages of
water, increasing developmental pressures
and the unknown but real threats of climate
change, environmental and land use law
policies and applications are changing almost as
fast as the weather.
To prepare a new generation of environ-
mental lawyers to meet these challenges, the
University of Florida Levin College of Law now
offers a Master of Laws (LL.M.) in Environmen-
tal and Land Use Law. The program, a one-year,
post-Juris Doctor degree, is the nation's first to
combine environmental and land use law.
"The environmental problems we're facing
are so fundamental and serious that the laws and
policies we will need to adopt are inevitably going
to go beyond the bounds of what we have tradi-
tionally thought of as environmental law," said
Alyson Flournoy, UF professor of law, research
foundation professor and director of the college's
Environmental and Land Use Law Program.
"There will be corporate lawyers, many of
whom don't currently think of themselves as
environmental attorneys, who will be seeking to
learn more, to understand the environmental law
regimes, the underlying environmental problems
and the policy and legal solutions that have been
employed here and elsewhere to deal with these
issues," she said.
Flournoy points to emerging fields of envi-
ronmental law, such as the growing importance
of carbon markets and efforts to value and
protect ecosystem services, as examples of the

changing legal landscape that may propel tradi-
tional corporate lawyers to seek a broader under-
standing of environmental and land use law.
"We need a new generation of environmen-
tal lawyers who focus on drafting instruments
and contracts that satisfy both environmental
and business concerns," she said. "We are fi-
nally coming to grips with the fact that 'business
as usual' is unsustainable. Corporations, govern-
ments and nongovernmental organizations will
need to hire new lawyers who blend traditional
skills with a broader knowledge of environmental
laws and policy."
Flournoy said the LL.M. program will edu-
cate students on the historical and legal under-
pinnings of environmental and land use law poli-
cies, and will encourage them to think creatively
to innovate solutions to pressing environmental
and related social issues. A major strength of
the program is the diversity of faculty, which has
expertise in a wide array of fields covering en-
vironmental law, water law, international trade,
land use law, natural resources law and others.
In addition, the LL.M. program is unique
in that six of the 26 required credit hours must
be from relevant courses that have substantial
non-law content either offered outside the
Levin College of Law orjointly by the law school
and another department. This broadens student
exposure to disciplines related to environmental
and land use law practice, such as wildlife ecol-
ogy, environmental engineering, urban and re-
gional planning, and sustainable development.

LL.M. candidates also must complete a
written project in connection with a seminar or
the college's Conservation Clinic. The Conserva-
tion Clinic focuses on non-litigation policy and
transactional projects, providing a superb hands-
on learning laboratory for the college's LL.M.
students. A summer environmental law study
abroad program in Costa Rica is also offered.
"Florida's new LL.M. program is at the
cutting edge of environmental legal education,
combining different specialties from within the
practice of law, like land use and environmental
law, and adding to that a non-law, interdisciplin-
ary component that includes science and engi-
neering coursework," said Wendy A. Wagner, the
Joe. A. Worsham Centennial Professor of Law at
the University of Texas at Austin School of Law
and a leading authority on the use of science by
environmental policy-makers.
"Such a broad-based curriculum, coupled
with Florida's prestigious environmental and
land use law faculty, should produce lawyers
who are well prepared to tackle the complex
issues at the interface of law and environmental
policy," Wagner said.
The University of Florida Levin College of
Law LL.M. in Environmental and Land Use
Law Program is now accepting applications for
the class entering in fall 2008. For application
instructions and detailed program information,
contact Lena Hinson at (352) 273-0777 or
hinson@law.ufl.edu, or visit the Web at www.


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harles A. Intriago
(JD 66) is world
renowned for
his expertise in
helping financial
institutions fight
money laundering
and other dangers that come with it.
But if you want to understand who he
really is, you should know he grew up
a fan of the Brooklyn Dodgers.
Before team owner Walter
O'Malley broke the hearts of legions
of fans and moved the club to sunny
Los Angeles in 1957, the Dodgers,
for all their success, embodied what it
meant to be the underdog. Their fans
were blue-collar types, immigrants
and minorities a tough-nosed bunch
that offered a great juxtaposition to the
business-like image of their greatest
enemies, the pin-striped, baseball blue-
bloods, the New York Yankees.
Recalling those days more than a
half a century later, the names of his
heroes roll off Intriago's tongue in
quick succession Pee Wee Reese,
Jackie Robinson, Duke Snider, Gil
Hodges, Roy Campanella and Don
Newcombe. He remembers how the
Dodgers won the National League
pennant five times in 1941, 1947,
1949, 1952 and 1953, only to fall to
their cross-town rivals the New York
Yankees in the World Series every year.
For legions of long-suffering Dodgers
fans "Wait 'til next year!" became the
unofficial team slogan.
Intriago identified well with the
Dodgers. Born in Ecuador, Charlie was
just a baby when his father contracted
tuberculosis. With no health insurance,
the cost of treatment nearly wiped out
the family financially.
With little money and barely able
to speak English, Intriago's mother
brought Charlie and his sister to the
United States, settling in New York,
where she found work as a seamstress

in the Garment District. The family
lived in Washington Heights in upper
Manhattan, just blocks from the Polo
Grounds, where the Dodgers' other
great rival, the New York Giants,
played ball. But it was the Dodgers,
hundreds of blocks away and a long
subway ride across the East River at
Ebbets Field, who had Charlie's heart.
"I empathized with the Brooklyn
Dodgers. They broke the color
barrier with Jackie Robinson and lost
the World Series every year to the
Yankees," Intriago recalled from his
office in downtown Miami. "You can
imagine my sadness every time they
lost to the Yankees. I was a little kid
back then. And then came 1955, of
Ah yes, 1955, the year "next year"
finally came to Flatbush. By then,
Charlie and his family had moved to
Miami, after his mother, widowed for
many years, left her job in New York's
Garment District to find a better life for
her family in sunny South Florida. On

the day of the decisive seventh game
of the 1955 World Series, Charlie
anxiously waited for school to let out
before running to watch the end of the
game on a television in a downtown
Miami deli.
More than 52 years later, Intriago
remembers every detail of the game as
if it was yesterday. The players. The
pitches. The way the late afternoon
sun and shadows in Yankee Stadium
made it difficult for the Yankees hitters
to pick-up Dodgers' pitcher Johnny
Podres "mean, mean change-up." And
of course, the ground ball the Yankees'
Elston Howard hit to Reese, who
threw to Hodges at first base for the
final out.
"Podres threw him an unbelievable
change-up that faked Howard out of
his pants. He was so out of tempo that
he hit a little weak ground ball to Pee
Wee," Intriago recalls as he happily
jumps from his office chair to re-enact
the play in moment-by-moment detail.
"And Pee Wee...and I'm over there


praying 'C'mon Pee Wee, get it'...he
comes in, throws it straight to Hodges.
And then all hell broke loose."
Today, at age 65, Intriago appears
to have won the World Series himself.
Starting from a simple printed
newsletter in 1989, he constructed an
empire around a topic that not long ago
seemed to have little if any commercial
interest money laundering.
Flashback to Miami in the 1980s.
The popular television series "Miami
Vice" and the blood-splattered film

"Scarface" are offering Hollywood
versions of the drug-fueled dramas
occurring in the seamy underbelly of
South Florida. Miami is the entry point
of illegal drugs, most notably cocaine
from South America, which comes in
on boats and planes and is transported
up Interstate 95 on its way to virtually
every town in the U.S. The drug trade
produces piles of cash that kingpins
of the illicit industry are pressed to
move through banks. The practice of
money laundering, which had been

around since Biblical times, reaches
a new level.
On the nightly news, Americans
were introduced to Panamanian
dictator Gen. Manuel Noriega, who
U.S. law enforcement officials said
was laundering billions of dollars in
drug money through several financial
institutions, including a secretive
organization known as Bank of Credit
and Commerce International (BCCI),
which had operations throughout
Intriago learned more about
BCCI through conversations with a
friend, an ex-CIA agent in Miami,
who shared with him an idea he had
to start a company consulting banks
who needed help to avoid getting
tangled up in money laundering and
the expensive government crackdown
such problems would bring.
While Intriago wasn't particularly
interested in being a consultant, he
did begin looking at the laws the
U.S. Congress was creating to fight
money laundering, including the
huge penalties against banks that
were found guilty of cleaning up dirty
money, which could reach $1 million.
At the same time, another friend had
tried to interest him in launching a
newsletter on Latin American affairs.
Intriago wasn't interested in that idea
either, figuring the field was already
cluttered. But soon enough, the
newsletter idea and the anti-money
laundering legislation ran into each
other in his head.
"Boop, bingo," is how Intriago
describes the moment the idea for his
newsletter germinated. It seemed like
a perfect idea, one that would allow him
to pursue his entrepreneurial dreams
and avoid the private practice of law,
which he had not found to be satisfying.
He contacted a market research team
and paid them $20,000 to look at the
viability of the newsletter.
He summarizes the voluminous
and detailed market research report
this way: "Bad idea, buddy. Don't even
think about it. We know you're hooked
on it, but forget it."


"I was sitting at home, depressed
over this news that these guys had
found, and probably with a stiff
scotch in my hand, and I might have
even resorted to smoking a cigarette,"
Intriago said. "My nerves were jangled
from the prospect of having to practice
law for the rest of my life."
His gut told Intriago that the
research report was wrong. From
his previous experience as a
federal prosecutor, as counsel to a
Congressional oversight committee
that oversaw the Department of
Justice and other agencies involved
in the anti-money laundering effort,
and as special counsel on organized
crime in Florida Intriago knew
the time was right. He looks back on
it as a revelation that came to him in
the form of a question.
"What do 95 percent or more of
all the crimes in the world, no matter
the country, have in common? The
answer is money!" he explains. "So I
said to myself these guys are wrong,
I'm right. I just happen to be a little
bit ahead of the curve."
As it turned out, Intriago's instinct
was right on the money. With little
staff or resources, Intriago launched
Money Laundering Alert newsletter
in 1989 with the graphic design help
of his eldest daughter, Patricia, a
recent University of Pennsylvania
graduate who had embarked on a
successful career in New York as brand
administrator for a major company. He
crossed his fingers that the market,
mostly bankers at the time, was ready
for what he was selling information
on how to keepcl lc.IInd Iclci liom

Intriago may not have gone into
the venture with any journalistic
experience, but he did know a few
things about marketing and public
relations. A copy of that first issue
ended up in the hands of a reporter at
The Wall Street Journal, who called
him and wrote a story about Intriago's
newsletter that appeared on the front
page of one of the paper's sections.
Subscribers quickly signed up as the
media coverage around the world,

including CNN, Reuters, AP, The
Financial Times and others, surged.
Before long the newsletter evolved
into a corporation, Alert Global Media,
which grew into a small media empire,
spawning Web sites, books, seminars,
training programs, and conferences
around the world.
In 1993, Intriago met his wife, Joy
Intriago, a certified public accountant
who had run businesses before. In
1996, at the same time she was expecting
the couple's daughter,

Alexandra, now 11, Joy joined the
She helped the company jump on
the Internet wave early, launching www.
moneylaundering.com in 1996 and www.
lavadodinero.com in 1997. The Web sites
allowed the company to deliver content at
a premium price to subscribers.
At Joy's suggestion, the Intriagos
also developed away to give credentials
to those people involved in anti-
money laundering efforts who pass a
tough examination constructed by
experts. They created a business
model for an anti-money laundering
awareness and training organization
called the Association of Certified
Anti-Money Laundering Specialists
Providing training and
a standardized examination
developed by an independent testing
agency, ACAMS now has 8,000
members in about 100 countries -
including regulators, bankers and
law enforcement officials.
One reason for that growth is
that money laundering isn't just for
drug money anymore. Since 9/11
the regulatory focus has shifted
increasingly to stemming the flow of
dirty money into the hands of terrorist
networks and taking the property
through asset forfeiture of those who
foster or assist terrorism. Seven weeks
after the terrorist attacks, President
George W. Bush signed into law
The USA PATRIOT Act, commonly
known as the Patriot Act (the acronym
stands for "Uniting and Strengthening
America by Providing
Appropriate Tools

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Required to Intercept and Obstruct
Terrorism Act of 2001"). The Act
expanded the authority of U.S. law
enforcement and regulatory agencies
for the stated purpose of fighting
terrorism in the United States and
abroad, and broadened the fight
against money laundering.
"The Patriot Act had some
unbelievably strong, far-reaching anti-
money laundering and asset forfeiture
provisions that brought the whole world
really under Uncle Sam's thumb,"
Intriago said. "It's basically saying
this: If you want to do business in this
country as a bank or as a customer, I
don't care what you are, you're going
to follow our rules, buddy."
Today, there's hardly an industry
that's not touched by these regulations.
The increased focus on anti-
money laundering efforts propelled
Intriago's business to a spurt of growth
that late in 2006 led to its sale to Fortent,
a New York-based portfolio company of

the private equity firm Warburg Pincus.
Fortent specializes primarily in the sale
of software products to the financial
Although the price Fortent paid for
Alert Global Media has never been
published, according to an article
published in August 2007 in The
Miami Herald, rumors are that Intriago
received more than $20 million.
"We struck a nerve," Intriago said
of his company's success, "just got
One could argue that Intriago
created his own luck. He had come
a long way from the kid who shined
shoes for 10 cents on Broadway and
159th Street in Washington Heights,
where he shared a one-room apartment
with his mom and sister. It was a tough
life, which the family escaped in 1954
when they put all their belongings
in cardboard boxes and boarded a
Greyhound bus for Miami. Life did
get better. Charlie did well in school,

graduated from Archbishop Curley
High School, and enrolled at Florida
State University.
Intriago admits he socialized a
little too much as an undergrad and
consequently didn't do nearly as well
in college as he should have. When he
followed that up with a disappointing
LSAT score, his prospects for a
successful legal career didn't look very
good. He managed to get accepted into
the University of Florida law school, but
was told by the admissions dean that his
grades and test score were an indication,
based on statistical studies, that he would
only last four or five semesters.
Knowing he could do better,
Intriago told him, "Well, I'm going to
try to prove you wrong."
He worked hard and did well
enough in his classes to be named
editor-in-chief of Florida Law Review.
On the afternoon he was elected to the
position, which required high grades
to be eligible, Intriago ran down to the


admissions office, knocked on the door
of the dean who earlier had predicted
his academic downfall and said, "I
just wanted to let you know that I was
just elected editor-in-chief of the law
review. So you might want to put a little
asterisk on your statistical studies. Not
everybody falls into those categories."
As editor-in-chief, Intriago scored
a major coup with the coaching of
his mentor, Professor Sanford N.
Katz, who now teaches law at Boston
College. Intriago brought United
States Supreme Court Justice William
J. Brennan, Jr., to speak at UF Law
in 1966, the first member of the U.S.
Supreme Court to speak at the
University of Florida. Intriago
still has the letter he received
from Justice Brennan, one of
the countless letters he has
exchanged with dignitaries
and other important people
- baseball players included
- over the years. The letters,
which he saves in various
folders in his office, are a
strong testament to Intriago's
personality. If you want
something, you have to be
bold enough to ask for it.
One such instance occurred early in
Intriago's career when after a couple of
years practicing with an international
law firm in Miami he decided what
he really wanted to do was be a
Congressional committee counsel in
Washington, D.C. In 1968, he wrote to
the late Congressman Dante B. Fascell,
who would become the most important
man in Intriago's life. Pictures of the
two are all over the walls of Intriago's
"I was able to get a job with him
by getting to him directly," Intriago
explains. "I didn't realize that there
was a procedure to follow. I just wrote
to him directly and he gave me an
interview. And it was love at first sight.
We loved each other and we just hit it off
tremendously. We worked magnificently
well together.... It taught me everything
I needed to know for this business."
After five years of working
with Fascell's House Government

Operations subcommittee, Intriago
accepted an offer from Florida Gov.
Reubin Askew (JD 56) to work as
special counsel on organized crime.
Intriago, who had investigated
organized crime in Washington under
Fascell, conceived the idea for and
wrote Florida's statewide grand jury
law, which is still on the books, and
introduced the idea of creating a
statewide prosecutor, which was later
After two years, Intriago moved
back to Miami, where after an
unsuccessful run at public office, he
became an assistant United States

attorney. As a federal prosecutor, he led
the successful prosecution of former
Florida Insurance Commissioner
Thomas O'Malley on corruption
charges. In 1979, Intriago went back
to practicing law, specializing as a
litigator and "rainmaker" for a large
international firm where he became an
equity partner.
By the late 1980s, Intriago was ready
for a new beginning. His first marriage
had ended, and he had found his work
at the law firm less than satisfying.
That's when he began twirling the idea
for the money laundering newsletter
around in his head. As it happens, the
new idea was not only a well-timed
business venture but the perfect fit for
Intriago personally.
While his mother may have pulled
him away from the streets of New York
decades ago, there's a still a part of the
city in Intriago today. He's never shy in
giving his opinion, whether he's testifying

before Congress or speaking to the media
about banks that complain about federal
regulations. He doesn't lose any sleep
over those who disagree with him.
"I'm a New York guy," Intriago
says. "Don't forget, I'm the son of a
widowed mother. I've had to scrap all
my life. And if I didn't have a degree
of aggressiveness and ambition, and an
in-your-face type approach I hope
softened every now and then by a good
sense of PR and finesse I wouldn't
have gotten very far, I don't think."
There's still a bit of that 11-year-
old shoe-shine boy in Intriago, too.
Having reached a level of success that
might lead some people to want
to sit back and enjoy a well-
deserved retirement, Intriago is
now involved in creating a new
business venture after having left
the company he and Joy sold to
Warburg Pincus. He continues
:t to approach his work with the
boyish enthusiasm of a kid trying
to muster up enough kids for a
pick-up baseball game.
Hustling through his paces
in downtown Miami like a
homerun hitter rounding the
bases, Intriago frequently stops
to talk to friends and former employees,
often in fluent Spanish, and offers
words of encouragement. More than
1,300 attended the last international
conference he hosted in March at the
Westin Diplomat in Hollywood, Fla.
Showing his sense of humor, Intriago
gives visitors to his office a bar of his
former company's soap, which contains
a piece of embedded currency from
somewhere in the world and the slogan,
"Keeping you clean since 1989."
"Governments are going to continue
creating new laws and regulations,
international tensions keep heating
up," he said. "The money laundering
issue's never going to go away and
governments are going to continue to
require banks and others to train their
employees. I'm very proud of what we
did in this fascinating field." u
Charlie invites anyone interested in
contacting him to e-mail ,,it ',. .j
gmail. con




If "


4 ,

Now I

Lay Me

Down To k


This is not a story about Terri Schiavo, although her case is c
to our theme. This is not a story about death, although dyi
the final chapter. This is a story about life, and how prep
ahead for the end can help us live it to its fullest measure.

"Getting old ain't for sissies."
This statement amused me as a 20-
something woman hearing it for the first
time. Now 40-something, on the cusp
of 50 with stiffening joints, rising
blood pressure and the worry that the
Alzheimer's dementia afflicting close
relatives may predict my own fate it
just "ain't" that funny.
Getting old has gotten personal.
As the reality of aging sinks in,
it has spurred serious but prickly
ponderings on what my twilight years
may bring. What level of care would I
want should I become terminally ill?
What rights would I have as a patient
to assure I receive that care? Who will
make decisions for me if I can't?

"We spend most of our lives
ignoring our mortality. Even though
we kind of abstractly know it, we find
ways to emotionally distance ourselves
from it," said William L. "Bill" Allen
(JD 91), a UF College of Medicine
associate professor and director of the
Program in Bioethics, Law and Medical
Professionalism. "Crisis situations
force us to address it, but it's better if
we do that in advance."
Nonetheless, for many of us,
planning for health crises and end-
of-life calls for considering difficult
questions many of us would rather
ignore. According to a 2006 report
issued by the Pew Research Center
for People and the Press, 71 percent of

ng is

adult Americans do not have a
living will, despite "virtually
universal" awareness of
living wills and their purpose.

Interestingly, the number of
people who do have living
wills has more than doubled
since 1990, perhaps in part
because of the media coverage of the
Terri Schiavo case.
As the chairman of Shands
Hospital's ethics committee, Allen
has seen, firsthand, the painful
consequences that arise when people
haven't established advance directives
or living wills and have not designated
a health surrogate. Even worse, some
may have these instruments in place
but have not communicated their
wishes to their physician or health care
"When people go to be admitted
into the hospital, their living will is
probably the last thing they're thinking
about. If you forget to bring it with


9 9


Bill Ailli OD L ll s a
biont thi.:ist laiil ia lill othI
Ili, pdiiili iihil OIISr IjI ii.r
laii Ilas 6:,1 sldhitsIad ld

you, somebody should go home and
bring it back. It shouldn't just be in
the attorney's office. Your attorney is
probably not going to know when you
go into the hospital emergency room,"
Allen said.
Allen also observes that the families
of patients who have spoken openly about
the level of care they want to receive
experience less dissension when a health
crisis hits. Identifying a health surrogate,

establishing advance directives and
outlining in a living will the kinds of
treatments a patient would want helps
family members accept it when the
patient receives that care even if it
means withdrawing or withholding life-
prolonging treatment.
"The Browning case established
that either through a surrogate decision-
maker, durable power of attorney
for health care or a living will, or

some combination of those, even an
incapacitated person doesn't lose their
constitutional right to refuse life-
sustaining treatment," Allen said.
Prior to In re: Guardianship ofEstelle
M. Browning, State of Florida v. Doris
F Herbert (Fla. 1990), Florida statute
under the Life-Prolonging Procedure Act
of 1987 only allowed for refusal of life-
sustaining treatment in cases of terminal
illness where death was imminent. By
the time the Browning case made its way
to the Florida Supreme Court, Estelle
Browning had already died, but the
court chose to rule on it anyway, stating,
"Ai ihi. ',hi the claim is moot, we accept
jurisdiction because the issue raised
is of great public importance and likely
to recur. "
In its Browning ruling, the Florida
Supreme Court reinforced a person's
constitutional right to privacy in refusing
life-sustaining treatment regardless
of whether the illness is terminal or
otherwise, and confirmed the role of the
health surrogate in enforcing a patient's
choice to forego treatment in the event
the patient is incapacitated, following a
three-part test to demonstrate clear and
convincing evidence of the patient's
The surrogate must be satisfied that
the patient executed any document
knowingly, willingly and without
undue influence, and that the evidence
of the patient's oral declarations is
The surrogate must be assured that
the patient does not have a reasonable
probability of recovering competency
so that the right could be exercised
directly by the patient.
The surrogate must take care to assure
that any limitations or conditions
expressed either orally or in the
written declaration have been carefully
considered and satisfied.
Under Florida law a patient's spouse
becomes health surrogate if the patient
has not previously identified one, but
Allen encourages people to make their
choice clear to family and friends, so
the difficult decisions the surrogate may


have to make are more readily accepted.
"If you don't make your choice clear,
the burden of proof is on your spouse
if anybody challenges or argues with
them," said Allen. "If you choose your
surrogate, they're presumed to know
what you want, and anybody challenging
them would bear the burden of proof. You
can recognize what a huge advantage
that is."
It was not one Terri Schiavo or
her husband, Michael, enjoyed when
Terri went into cardiac arrest in the
early morning hours of Feb. 25, 1990.
Deprived of oxygen for too long, Terri's
cerebral cortex, the part of her brain
that formed the thoughts and feelings
that made her Terri, suffered profound
damage that left her in a persistent
vegetative state at the age of 26. She
didn't have a living will and hadn't
designated a health surrogate the
absence of which sealed the fractured

"The absence of

a living will...

spawned a furious


pitting right-to-life

advocates against

Florida law and the

state's judicial system."

fate of her family and spawned a
furious controversy pitting right-to-life
advocates against Florida law and the
state's judicial system.

"Generally, young people don't
express wishes about end of life because

they're going to live forever," said the
Hon. George W. Greer (JD 66), the Sixth
Judicial Circuit Court trial judge who
presided over the Schiavo case. "Clearly,
Terri Schiavo didn't have a living will.
So, you had to go on statements that she
made during her lifetime about situations
and extrapolate from those."
During the week of Jan. 24, 2000,
Greer's court considered the petition of
Michael Schiavo,Inre: The Guardianship
of Theresa Marie Schiavo, to remove the
feeding tube sustaining Terri. The case
was quickly mired in a volatile mix of
discord and ugly accusations regarding
money and motives between Michael
and Terri's parents, Bob and Mary
In the absence of a living will, the
court's task was to wade through the
acrimonious allegations and counter-
allegations between the parties involved
to consider the law, and only the law,

-4I ~ ,*


in determining the scope of Terri's
incapacity and in establishing what oral
declarations she may have made before
her injury regarding end-of-life wishes.
In his ruling, Greer wrote:
"The court is called upon to apply the
law as setforth in In re: Guardianship of
Estelle M. Browning, sura, to the facts
of this case. This is the issue before the
court. All of the other collateral issues...
are truly not relevant to the issue which
the court must decide. That issue is set
forth in the ;i,.... I,. ',,1. I test established
by the Florida Supreme Court in the
Browning decision, supra. "
In the Schiavo case, Greer heard
expert medical testimony from Terri's
attending physician and a neurologist,
and reviewed the report of court-
appointed Guardian Ad Litem Richard
L. Pearse Jr., Terri's medical chart and
CT scans. On the basis of this evidence,
Greer wrote, "... the court finds beyond
all doubt that Theresa Marie Schiavo
is in a persistent 1..,rn..s state or
the same is (sic) defined by Florida
Statues (sic) Section 765.101 (12)...
the overwhelming credible evidence
is that Terri Schiavo has been totally
unresponsive since lapsing into the coma
almost ten years ago, that her movements
are reflexive and predicated on brain
stem activity alone, that she suffers from

A Right to Die?

The Oregon Death with Dignity

Act provides legal umbrella to

physician-assisted suicide

The truth is, a person's right to die in
America really isn't that controversial.
In fact, 84 percent of Americans
polled by the Pew Research Center for People
and the Press supported the right of individuals
to decide whether they want to be kept alive
by artificial means, and 70 percent agreed
there are circumstances when people should
be allowed to die.

severe structural brain damage and to a
large extent her brain has been replaced
by spinal fluid.... "
The court also heard testimony from
five witnesses regarding statements
Terri made during her lifetime about
her end-of-life beliefs. Those she made
as a child to her mother and a family
friend were found by the court not to be
reflective of her adult wishes. Michael
testified Terri made statements to him
in the context of her grandmother's
experience in intensive care that if she
"was ever a burden, she would not want
to live like that," and after watching a
television show depicting patients on
life support she told him she would "not
want life like that." Terri's brother- and
sister-in-law testified she made separate
statements to them that "she wanted it
stated in her will that she would want
the tubes and everything taken out" if
she were in a hopeless coma, and after a
family funeral, "if I ever go like that, just
let me go. Don't leave me there. I don't
want to be kept alive on a machine."
Based on this testimony, the court
found "these statements are Terri
Schiavo 's oral declarations concerning
her intention as to what she would want
done under the present circumstances
and the testimony regarding such oral
declarations is reliable, is creditable and

Physician-assisted suicide, on the other
hand, splits public sentiment right down the
middle. Although 60 percent of Americans
believe individuals have the moral right to
commit suicide when suffering from illness
with great pain and no hope of improvement,
only 46 percent approve of laws that would
allow doctors to assist in those deaths.
Despite American Medical Association
condemnation of physician-assisted suicide,
some physicians say they have helped
their terminally ill patients die. Nationwide
about 6 percent of physicians anonymously
surveyed admitted to hastening the death of
at least one terminally ill patient upon the
patient's request. These physicians said they
either prescribed a fatal dose of drugs or
pushed the plunger on a lethal injection.

rises to the level of clear and convincing
evidence to this court. "
The combinedweight ofthese findings
led the court to conclude Michael's
petition to remove Terri's feeding tube
did meet the requirements outlined in
the "controlling legal authority" of the
Browning case, and the petition was
granted Feb. 11, 2000.
In the five years after the judgment,
Terri, without her knowledge or consent,
became the center of international media
attention and the focus of national pro-

"Dying is every bit as

complicated as living."

Oregon is the only state with a law
allowing physician-assisted suicide, and,
even then, only under highly regulated
circumstances. The state's Death with Dignity
Act, passed by public referendum in 1997,
allows physicians to write prescriptions
for lethal drug doses to adult, terminally ill
patients to ingest at a time of their own choice.
To qualify, patients must be residents of
Oregon, of sound mental state, terminally ill with
no more than six months to live, and must have
two medical opinions confirming their illness. To
receive the prescription, the patient must orally
request the physician's assistance followed by a


life protests. During the time between the
ruling and her death on March 31, 2005,
her feeding tube was removed three times
and replaced twice; her person was taken
into state custody, then returned to her
guardian's care, under Gov. Jeb Bush's
orders acting as erstwhile parents patriae;
the U.S. Supreme Court issued four denials
of certiorari on the case; and, at different
times, both the Florida House and U.S.
Congress unconstitutionally violated the
separation of powers principle in their
zeal to intervene.

formal, written request signed by two witnesses.
The physician's responsibility to the patient is
to ensure the patient is making a fully informed
decision, with the understanding that the patient
can rescind the request at any time.
Because physician-assisted suicide is so
controversial, many fear it could become a
"slippery-slope" leading to arbitrary euthanasia
of the old and infirm or those who can't afford
medical treatment. So careful tracking and
reporting procedures are in place to record
the number, case details and outcomes of
patients who requested physician-assisted
suicide under the act. The data are gathered
and reported each year, and include surveys of
family members and loved ones who provided
end-of-life care to the patients.
Of the 98,942 Oregonians who died

"Even though the court ordered
removal of the feeding tube, the
governor ordered it not to happen and the
Legislature passed a law that essentially
only applied to Terri Schiavo. That's
unconstitutional right there. It's a clear
violation of separation of powers," Allen
said. "This one family disagreement
almost produced a constitutional crisis.
I think that is remarkable."
To Greer's great credit, no court ever
found any legal grounds to overturn
his judgment in the Schiavo case, and

of a terminal disease since the law went
into effect in 1998, 541 patients requested
prescriptions under the act for lethal doses of
medications and 341 patients chose to use the
prescriptions to end their lives.
In 2007, the last year for which data is
available, 85 prescriptions for lethal drug
doses were written under the provisions of
the act, and 46 patients died after taking
the dose. Friends and family members
close to the patients reported primary
end-of-life concerns influencing patients'
decisions to ingest the prescriptions as being
loss of autonomy (100 percent), inability
to participate in activities that made life
enjoyable (86 percent) and loss of dignity (86
percent). All but four of the patients died at
home, mostly under the care of hospice.

"To Greer's great credit,

no court ever found any

legal grounds

to overturn his judgment

in the Schiavo case..."

many commended his adherence to
the law despite its difficult emotional
"Judge Greer is one of my heroes,"
Allen said. "I am so thankful he took the
courageous path that he took, and I think
he's the reason we were able to avoid
a constitutional crisis, because he was
faithful to the law."
Although publicly vilified by
impassioned pro-life activists and the
target of three death threats, the judge at
the center of the Terri Schiavo maelstrom,
true to his stoic Scots heritage, remains
unmoved in his faith to the law.
"Life support is withdrawn on a daily
basis across this country, and very few
of those cases make it into court," Greer
said. "It's only the highly unusual case
that ever gets to court."
"My role as a trial judge is to decide
matters of controversy and apply the law
if there is law. Period," he said. "It gets
pretty tough sometimes, but that's it." U

When asked if an act like Oregon's
might work in Florida, Bill Allen (JD
91), a UF College of Medicine associate
professor and director of the Program in
Bioethics, Law and Medical Professionalism
somberly responded, "It has taken me
years of teaching and consulting in this
area and thinking about public policy to
come to this conclusion, but dying is every
bit as complicated as living. Because of
technology we can keep people alive a lot
longer but sometimes in circumstances they
don't value. ... we're beginning to get to the
point that we have to make choices about,
not whether to live or die, but the timing
and the circumstances. That's a hard thing
to do and it's very complex. It's worth some




r ed I.. tL rlqhE di'l Iulorm
5) .iunm TIperiac 74 i an11d Greg
is JD l 14i ,,...1 v e is Ic ..
laser in dJ,-,ilo thle chuilarshi j

New Scholarship Created by UF Law Alumnus

"This coi
become c
the stude

Thanks to a generous
$100,000 challenge
pledge from Jim Theriac,
the Theriac-Moore Families
Fund has
uld been created
)ur largest to promote
ent to diversity among
diversity in the law student
nt body." population.

Alumni Kendall

Moore (JD
95) and Jim Theriac (JD 74) are
very enthusiastic about the project
and hope this scholarship fund
will have an everlasting effect

Contact Us:
Office of Development
and Alumni Affairs
Fredric G. Levin
College of Law
University of Florida
PO. Box 117623
Gainesville, FL
(352) 273-0640

on the student body and future
Announced at the Black Law
Students Association Alumni
Reunion Weekend in Orlando in
March by Dean Robert Jerry and
BLSA President Jonathan Blocker
to the students, faculty and alumni
in attendance, the funds will be used
to establish an endowed scholarship
for students of the law school to
increase and improve interaction
across social lines of gender, race,
generation, geography and class for
the college.
"Jim's commitment, which
also honors the family of his good

In Recognition of Recent Gifts and Pledges

* Mary Joan and Sam H. Mann Jr.
(JD 51) pledged $375,000 to
establish the Mary Joan and Sam
H. Mann Jr. fund through their
estate plans.

* Joan K. and John H. Moore II (JD
61) pledged $200,000 to establish
the John H. Moore II and Joan Kraft
Moore Endowment Fund through
their estate plans.
* Eva and William Gruman (JD 56)
made a generous gift of art by

Winslow Homer, valued at more
than $120,000, currently on
display in the Lawton Chiles Legal
Information Center.

* Sidney A. Stubbs Jr. (JD 65) made an
unrestricted pledge of $100,000.

* The Robert S. & Mildred M.
Baynard Trust pledged
$100,000 to name the
Martin Levinjudicial chambers in
the new Advocacy Center.

friend Kendall Moore, is a promise
to match the first $100,000 pledged
or donated to this scholarship
fund," said Dean Robert Jerry. "I
hope that our alumni and friends
will rise to this challenge and take
advantage of this match plus,
we hope, an eventual state match as
well to leverage their own gifts
to this important fund and purpose.
This could become our largest
endowment to enhance diversity in
the student body."
For additional information,
please contact Vince PremDas in
the Office of Development and
Alumni Affairs at (352) 273-0640.

* McLin & Burnsed, PA pledged
$100,000 to create The McLin
& Burnsed Scholarship Fund to
honor the firm's two founding
partners, Walter S. McLin III (JD
62) and R. Dewey Burnsed (JD
65), both of whom passed away
last year.

Ellen B. Gelberg, Esq. (LLMT 77)
donated $73,500 to the Dennis
A. Calfee Eminent Scholar Chair in
Federal Taxation.



Alumni Gift Establishes
Summer Fellowship with
Anti-Defamation League
Anew summer fellowship has been
established with a generous gift
made by Evan Yegelwel (JD 80).
Coordinated through the Center for the
Study of Race and Race Relations, the
Summer 2008
provides a .,, .,,,, ,. .,,
$4,000 stipend
to a UF Law student to participate in a
summer fellowship program at the Anti-
Defamation League, Florida Regional
Office in Boca Raton.
Following an intensive applicant
selection process, Jana Wasserman (3L)
was chosen by David Rosenkranz of
the Anti-Defamation League Southern
Area Counsel to receive the fellowship.
Wasserman's fellowship will last eight
weeks, and she will work a minimum
of 35 hours per week. As part of her
fellowship, Wasserman will conduct
research on hate crimes, housing
discrimination, education, bullying, and
other bias-related topics.
The Yegelwel Fellowship is limited
to UF Law students who have completed
the first-year required curriculum
and Constitutional Law prior to the
fellowship summer and who at the time
of application are in good academic
standing. Yegelwel is a partner in the
Jacksonville law firm of Brown, Terrell,
Hogan, Ellis, McClamma, & Yegelwel.

* Fisher & Phillips LLP made a gift of
$50,000 to establish the Rebecca
Jakubcin Labor & Employment Law
Book Award Fund.

* Renee and Ladd H. Fassett (JD 79)
made a $50,000 unrestricted pledge.

* Stumpy Harris (JD 65) made a
$50,000 unrestricted pledge.

* Goldstein & Ray, PA pledged
$40,000 to establish the Goldstein
and Ray Scholarship in honor of

Assistant Dean of Admissions
Michael Patrick.

* Lowndes, Drosdick, Doster, Kantor &
Reed, PA made a pledge of $25,000 to
the Law Review Endowment.

* Vicki and Hal H. Kantor (JD 72)
pledged $25,000 to the Law Review

* Hans (LLMT 77) and Deborah
Tanzler made an unrestricted
pledge of $25,000.

"...alumni provide the real
margin of excellence for the
college...It's important to realize
that alumni help us not just
through their gifts, but also
through their advocacy...


Sylvia Walbolt Recognized

for Pro Bono Work

While following in the
footsteps of fellow UF
Law alumni, Sylvia
Walbolt (JD 63) found her passion
for pro bono work and created
a legacy that will undoubtedly
inspire future lawyers.
As a young lawyer in the
beginning of her career, Walbolt
intently watched her mentor and
UF Law alumnus William Reece

"Pro bono work
is very gratifying
because cases are
not only won for
individuals but
also for the justice
system itself."

Smith Jr. (JD 49) -
known as Mr. Pro
Bono throughout the
country provide
legal counsel for the
less fortunate. Seeing
the difference he made
in individuals' lives
and the satisfaction
he received from his
experience, Walbolt
was motivated to do

her part as a lawyer.
A proud "Double-Gator,"
Walbolt's motivation to help

the poor stems from her
strong belief that lawyers are
very privileged to have the
opportunity to practice law and
have the obligation to uphold
their oath of office by assisting
the oppressed. "There are so
many unmet legal needs of the
true disadvantaged," she said.
Although Walbolt has spent 44
years in the private sector at Carlton
Fields in Tampa, Fla., she said she
considers her pro bono work as the
"single most satisfying part of her
law career" and has the full support
of her firm.
Carlton Fields prides itself as
an advocate for pro bono causes by
providing the same caliber work for
pro bono clients as billable clients.
Walbolt said her pro bono work is
very gratifying because cases are
not only won for individuals but
also for the justice system itself. "It
truly shows that the system works
no matter whom the case involves,"
she said.

As a lawyer at a law firm
that is dedicated to helping the
poor, Walbolt has represented
individuals in various pro bono
cases, including representing
migrant workers, the mentally
ill and individuals on death
row. Defending individuals on
death row is a challenge but a
"sobering experience," Walbolt
said. These cases are especially
difficult because the clients are
often not nice people, but the
justice process still ought to
work, she added.
Walbolt challenges all lawyers
to use their licenses to practice law
to do their part in helping the poor.
She also emphasized that trial
lawyers are not the only lawyers
who can do pro bono work. All
lawyers regardless of their specialty
can do some sort of pro bono work,
she said. It's all about making
a difference in an individual's
life, whether it involves going to
retirement communities on Saturday
mornings to help senior citizens file
for social security or volunteering
with guardian ad litem, Walbolt
In addition to her achievements
as a shareholder of Carlton Fields,
the demonstrated champion of pro
bono causes has won numerous
awards for her work, including
the 2007 Florida Bar Presidents
Pro Bono Service Award, ABA
Section of Litigation 2006 John
Minor Wisdom Public Service
and Professionalism Award and
Stetson University College of Law
2005 Wm. Reece Smith, Jr. Public
Service Award.
Although she enjoys her
significant role in her pro bono
cases, Walbolt said balancing her
private finn work and pro bono
caseload is no easy task.
"But, if you want something
done, give it to a busy person,"
Walbolt said.



Robert Beckham, an attorney
with Holland & Knight of Jackson-
ville, was selected as this year's
recipient of The Equal Justice
Award, the highest honor given by
Jacksonville Area Legal Aid (JALA).
The award recognizes an attorney
or organization who has most
assisted JALA staff in accomplish-
ing their mission of serving low-
income people on the First Coast.

In 2007, Clifton R. "Pete"
McDonald, Jr., gifted five works
of artist Charles Bragg to the
University of Florida. The art will
be placed on display within the
Levin College of Law. Clifton
resides in Williamsburg, VA.

Senior Circuit Judge Thomas
M. Gallen was honored with
the Lifetime Achievement Award
by the Manatee County Bar

Bay Area Legal Services announced
the dedication of the "L. David
Shear Law Center." The law center
is named in honor of Shear for his
record of service to the community
and provision of legal services to
the poor.

Gordon H. "Stumpy" Harris
has been elected as president-
elect of the Gator Boosters
organization for the University
of Florida.

Leroy Moe is now the senior
circuit courtjudge in the state.
Judge Moe was appointed judge
of the Broward County Court by
Governor Askew in 1971, elected
circuit courtjudge in 1972, and
has been re-elected five times

William B. Barnett has been
named as one of the "Best of The
Bar," as published in the Orlando
Business Journal.

Eric Smith has retired as assistant
dean for external affairs at Florida
Coastal School of Law. He has
joined the Tallahassee and state-
wide Maddox Home law firm and
opened a Jacksonville, Fla. office
for the firm. Smith is also the pro-
ducer and host of the television
program, "People and Politics,"
which airs each Friday evening
at 9:30 on Comcast Cable Chan-
nel 29.

Florida Governor Charlie Crist has
appointed attorney Kirk N. Kirkcon-
nell of Winter Park, Fla. to serve
a four-year term on the Judicial
Nominating Commission (JNC) for
the Fifth District Court of Appeals.

Attorney General Bill McCollum
gave the recent commencement
address to 200 graduates of St.
Thomas University in Miami Gar-
dens, including 25 who received
their Juris Doctorates.

Howard Coker acted as leader in
a U.S./Russia Joint Conference on
the Rule of the Law in St. Peters-
burg, Russia. The conference was
co-sponsored by People to People
Ambassador Programs and the law
faculty at Russia's St. Petersburg
State University.

Kids Incorporated of the Big Bend
honored Steve Uhlfelder with the
2007 Budd Bell Award at the 17th
Annual Night of Champions Nov.
12, 2007, for his lifetime achieve-
ment as an advocate for children.

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Harrr 65



Linda A. Conahan, shareholder and
a member of Gunster Yoakley's litiga-
tion department, was named a top
litigation and real estate lawyer by
South Florida Legal Guide 2008.

Gov. Charlie Crist appointed Hans
Tanzler III (LLMT) as one of nine
members to serve on the St. Johns
River Water Management District
board. Tanzler is a certified public
accountant and Florida Bar member
who will represent the Lower St.
Johns River Basin.

Dennis J. Wall has been selected
by the editorial board of Insurance
Coverage for Catastrophe Claims
being published by Thomson West
Publishing as a national leader in
insurance law. He is also one of six
coverage attorneys featured as a
chapter author in Catastrophe Insur-
ance Claims Coverage. Leading
Lawyers on Evaluating a Catastrophe
Claim's Scope Investigating Claims
and Developing Strategies for Pros-
ecution and Defense. Wall served as
a guest speaker on A.M. Best Com-
pany podcast about "Web Logs and
Insurance Law." Lastly, his Web log,
"Insurance Claims and Issues," is
the most popular and highest-ranked
insurance Web log by the American
Bar Association.

Maurice Baskin has been named to
the Best Lawyers in America annual
legal rankings guide, published by
Woodward/White, Inc. Gov. Charlie
Crist announced the appointment of
Jay P Cohen of Orlando, Fla. to the
Fifth District Court of Appeals.

John J. "Jeff" Scroggin (LLMT) has
been appointed chairman of the Com-
munity Foundation for North Fulton
in Georgia. Scroggin was quoted on
the front page of the personal finance
section of The Wall Street Journal
on Oct. 19, 2007, and was profiled
as an estate planning professional
in Wealth Management Business in

January. He's made presentations to
the Million Dollar Round Table, at
the Financial Planning Association's
national meeting, the Georgia Society
of CPAs annual estate planning meet-
ing, and many others.

Charles A. Buford has joined the law
firm of Johnson Pope Bokor Ruppel &
Burns as a shareholder. Buford was
formerly a partner with Harper Kynes
Geller & Buford and is a board-
certified civil trial attorney, business
litigator and court-certified mediator.

PEN USA presented its 2007 Award
of Honor to several media attorneys,
including Thomas R. Julin of Hunton
& Williams. The award recognizes
those who have done pro bono work
at reduced fees to defend journalists
against the vastly increasing num-
bers of federal subpoenas and other

McDonough Holland & Allen share-
holder James L. Leet (LLMT) was
recently honored by the State Bar
of California for his 20 years of
service as a certified specialist in
taxation law.

The law firm of Zimmerman Kiser
& Sutcliffe announced Stephen B.
Hatcher (LLMT) as its new president.
Hatcher has been with the firm since
1984 and focuses his practice in
the areas of real estate transactions,
business transactions and planning
for taxable estates.

U.S. Preventive Medicine
announced the appointment of
Paul E. Risner as executive vice
president, general counsel. In his
position Risner will be responsible for
the company's legal issues related
to its national and international
operations, including acquisitions,
licensing agreements and investor
relations. He will be based in the
company's new operations center in
Jacksonville, Fla.

David J. Akins, a shareholder in the
Orlando, Fla. office of Dean Mead,
was recently re-elected to the board
of directors and elected first vice
president of the Central Florida
Estate Planning Council for

Valenti Campbell Trohn Tamayo &
Aranda in Lakeland, Fla., announced
Henry B. Campbell hasjoined the
firm as a partner. He is a civil trial
lawyer who will continue to focus
his practice in general civil litigation,
commercial litigation, and personal
injury defense law.

Brian D. Stokes has been designated
a named partner in the Orlando,
Fla. law firm of Unger Stokes Acree
Gilbert Tressler & Tacktill, which
specializes in the defense of medi-
cal malpractice, products liability,
insurance claims and other complex

Mark Klingensmith has been elected
as a city commissioner for the town
of Sewall's Point in Martin County,

Neil Paulson was interviewed by the
New York Times on self-directed indi-
vidual retirement accounts. The arti-
cle, "Exotic I.R.A.'s: Leaving Stocks
and Bonds Behind," was published
Oct. 20, 2007.

Michael W. Smith has been named
president of AIG Executive Liability.
Smith was formerly president of AIG
Financial Lines Claims and joined
AIG in 1996 as division counsel in
AIG Executive Liability's professional
liability division. He subsequently
served as executive vice president
and chief underwriting officer before
his promotion to president.

David Berg has been named execu-
tive vice president for international
strategy & corporate development for
Best Buy.


Buford 80

Leet 81

Hatcher 82

Risner 82

Berg 86

Mickle Honored for Decade

of Service on Federal Bench


Stephan P. Mickle (JD 70)
pulled into the driveway
of his parents' house as a
young man and prepared to sell his
beloved red Chevy Malibu.
Selling this car marked the
defining moment when Mickle's
parents realized he was serious
about attending law school and no
longer wanted to be a social studies
teacher, his mother Catherine
said. This decision to sell his car
was the first step toward Mickle's
unprecedented career.
Since then, a decade of service
as a U.S. Federal Judge in the
Northern District of Florida has
beenjust one of Mickle's many
contributions to the legal system
- contributions the Center for the
Study of Race and Race Relations
(CSRRR) honored at the Hilton
University of Florida Conference
Center on March 28.
The CSRRR celebrated Judge
Mickle's outstanding leadership
and service to the community
during its spring 2008 lecture
series, which brought together
many of the university's most
prestigious alumni. Those in
attendance included the first black
student to receive a UF Law
degree, W. George Allen (JD 62),
the first black student to graduate
from UF Medical School, Dr.
Reuben Brigety (MD 70) and
President J. Bernard Machen.
"I am very proud to see this day
because I always knew that it was
in Stephan to be great and to help
his fellow man," Allen said. "He
has accomplished so much, but I
expected it of him and everyone
else did as well He has not

disappointed any of us. In fact, he
has lived up to what we expected
and more so."
Mickle is truly a man of firsts
who has gained the respect of his
peers, co-workers and the legal
community for being an outstanding
judge. He was the first black
student to graduate from UF with a
bachelor's in political science and
his wife, Evelyn Moore Mickle, was
the first black student to graduate
from UF's nursing school. After
being the second black student to
graduate from UF Law, Mickle
joined the UF faculty as an assistant

"...he has lived up t
we expected and me

professor while also becoming the
first black attorney to establish a law
practice in Gainesville, Fla. Mickle
was the first black man to receive
UF's Distinguished Alumnus Award
in 1999.
After having his own private
law practice for seven years,
Mickle became the first black
county judge for Alachua County
and has been a judge ever since.
He served as a judge in Florida's
Eighth Judicial Circuit in 1984
before becoming the first and
only black lawyer from the Eighth
Judicial Court appointed to the
First District Court of Appeals.
"In September of 2009, I will
have been a judge for 30 years,"
Mickle said at the program.
"During that time, I have seen the
good, the bad and the ugly, yet
every day I go to work and I look

for the good in people."
In 1998, President Clinton
nominated Mickle to the federal
bench, which the U.S. Senate
unanimously confirmed.
Mickle has
3 what always been
S a leader and
ore so. advocate for
equal justice but
has overcome
diversity with honor while
climbing the ranks as a judge.
"He is living proof that
diversity produces excellence,"
said UF Associate Professor
Elizabeth Rowe.
Katheryn Russell-Brown,
director for the CSRRR, presented
a plaque to Judge Mickle as a
symbol of his time at UF as a
student and educator and to honor
him for bearing witness of the
changing times at the university
since 1962.
"I really appreciate all that
the center and law school has
done, and it's the kind of thing I
feel humbled by," said Mickle.
"I am thinking to myself that, 'I
did this stuff,' but it didn't seem
as significant at the time and now
I can see what they are talking


Judge Stephan Mickle
embraces his wife Evelyn.
Both Mickles made
history at the University
of Florida Judge Mickle
as one of seven African-
American undergraduate
students first admitted
to UF in 1962 and the
second African-American
to graduate from UF Law
in 1970, and Evelyn as
the first African-American
graduate of the UF College
of Nursing in 1967.

Light in the Storm

Juliet M. Roulhac

When it comes to UF Law alums powering up the legal
profession all across the state, Juliet M. Roulhac (JD 87)
is leading the charge as one of Florida Power and Light's
(FPL) senior attorneys.
Roulhac, who serves both on the UF Law Board of Trustees and
The Florida Bar's Board of Governors, has been with the General
Counsel's Office of FPL for the past eight years. She was an active
student while in law school, taking part in moot court competitions,
and was a leader in the Black Law Students Association.
"Being on the moot court really allowed me to think on my feet
and build confidence, which worked out well because the experience
led me into something I would eventually do," she said. "Without the
experience I may have never realized how much I love litigation."
UF Law's support of the Black Law Students Association while
Roulhac was in school really made a difference in her leadership
development, she said.
"The law school was always very supportive of sending BLSA
members to represent UF Law at moot court competitions around the
country," Roulhac said. "I interacted with amazing lawyers nationally
and statewide, and I really appreciated the law school's support."
In 2002, Roulhac took the leadership experiences she gained in law
school to become the first African-American to be president of the Young
Lawyers Division of the Florida Bar. The experience was tremendous,
she said.
"One of the greatest benefits is that you're affiliated with leaders of
the bar and future leaders of the bar," Roulhac said. "Whatever legal
issues I have around the state, I can call someone in every circuit due to
the relationships I have built through the experience."
Although she specializes in litigation with FPL, there's never a dull
moment around the Miami office, especially when a hurricane comes
through the state.

"When an emergency situation occurs, that's when the real team
mentality of FPL kicks in because everyone is expected to pitch in and
help each other, no matter their role," she said. "The biggest thing is
when everything shuts down around the office; it has a major impact on
the General Counsel's Office because most employees are out on storm
Roulhac says the daily challenges of having to work with diverse
kinds of cases makes her job at FPL very appealing.
"There's a great diversity in the types of matters we deal with in
the office," she said. "When I got here I had to learn about electrical
engineering, which is something I found to be very exciting."
For current students who want to get involved with corporate law
or a general counsel's office, Roulhac says knowing your client and
developing relationships are most important.
"My advice is that you develop client relationships, and understand
the business," she said. "The reality is that anything you do may impact
the organization."

Hal R. Bradford has joined the law
offices of Moyle Flanigan Katz Breton
White & Krasker as an associate. He
practices in the areas of real estate,
land use and development law.

Fisher & Phillips LLR a national
labor and employment law firm,
announced that Jeffrey Mandel is among
five of Florida's most respected labor and
employment attorneys who have joined
the Firm's Orlando, Fla. office.

Hugh W. "Bill" Perry has been named
the new managing shareholder for Gun-
ster Yoakley.

Asifa Sheikh and her family have
endowed a professorship in the
University of Florida Department
of Religion. The professorship,
honoring the life of the family
matriarch, Izzat Hassan Sheikh,
intends to foster a greater under-
standing of Islam in the modern

David A. Wallace served as
a panelist at the Sarasota County
Bar Association's Appellate Practice
Section CLE seminar titled, "Inside
the Second District: A Presentation
for Trial and Appellate Lawyers,"

held at the University of South Flori-
da's Sarasota Campus on May 16.

Carlton Fields Miami Shareholder
Gary M. Pappas recently served
as a presenter for a webinar titled
"Trouble From China" on behalf of
the Sporting Goods Manufacturers
Association. The webinar focused
on domestic products liability issues
arising from products or component
parts made in China.

Kurt M. Spengler, a senior partner
residing in the Orlando, Fla. office of


Mandrl PA

Wallace 86


Wicker Smith O'Hara McCoy & Ford,
was named to the American Board of
Trial Advocates (ABOTA). ABOTA is a
national association of experienced trial
lawyers and judges dedicated to the
preservation and promotion of the civil
jury trial right provided by the Seventh
Amendment to the U.S. Constitution.

Timothy Campbell is the new chair-
man of the 2,100-member Lakeland
Area Chamber of Commerce.

R. Scott Costantino of the Jackson-
ville, Fla. firm Liles Gavin Costantino
& George has been elected to the
American Board of Trial Advocates.
ABOTA is a national organization
devoted to the preservation of the
right to trial byjury. He is a board-
certified civil trial lawyer and spe-
cializes in complex personal injury,
wrongful death and medical negli-
gence cases. Costantino resides in
Ponte Vedra Beach with his wife and
four children.

Valenti Campbell Trohn Tamayo &
Aranda in Lakeland, Fla., announced
James C. Valenti has joined the firm
as a managing partner. Valenti is a
civil trial lawyer who will continue
to focus his practice in general civil
litigation, commercial litigation, and
personal injury law.

Stuart R. Morris, founding partner of
Morris Law Group in Boca Raton, Fla.,
has been named to Worth Magazine's
Top 100 Attorneys list for the second
year in a row.

Joseph "Joe" L. Amos was appointed
by The Florida Bar to serve on its
Supreme Court Standard Jury Instruc-
tions Committee for Civil Courts.

Joseph A. Osborne, a partner in the
plaintiffs' trial law firm Babbitt John-
son Osborne & Le Clainche in West
Palm Beach, Fla., has been accepted
into the Multi-Million and Million-
Dollar Advocates Forums.

Valenti Campbell Trohn Tamayo &
Aranda in Lakeland, Fla., announced
Jonathan Trohn has joined the firm as a
partner. Trohn is a civil trial lawyer, who
will continue to focus his practice in
general civil litigation, commercial liti-
gation, and personal injury defense law.

Johnathan Short is now senior vice
president and general counsel of Inter-
Continental Exchange (ICE), a New
York Stock Exchange company.

Kathleen Smith was appointed by
Gov. Charlie Crist to serve as head of
the Office of the Public Defender in
the Twentieth Judicial Circuit serv-
ing Charlotte, Collier, Glades, Hendry
and Lee counties. She had previously
served as assistant deputy public
defender for the agency, which rep-
resents criminal defendants unable
to afford their own lawyers, replacing
Robert Jacobs II, who died in Decem-
ber after suffering a stroke.

William N. Halpern, real estate attor-
ney with the law firm of Shuffield-
Lowman, was recently named a firm

John V. Tucker was recently elected to
the board of trustees of the National
Multiple Sclerosis Society, Mid-Florida
Chapter. Tucker practices law with
Tucker & Ludin, PA. in Clearwater,
Fla. where he is managing sharehold-
er. Tucker also was a feature speaker
at the Multiple Sclerosis Society Mid-
Florida Chapter Seminar titled "Finan-
cial Planning for a +Life with MS,"
where he spoke on applying for and
receiving disability benefits.

Morgan R. Bentley has been selected
by The Florida Bar for its 2008 Flor-
ida Bar President's Pro Bono Service
Award. He was one of 20 winners.

Jeffery M. Goodz has joined the law
offices of Moyle Flanigan Katz Breton
White & Krasker as an associate. He
practices in the areas of employment
and labor law.

Roetzel & Andress announced Michael
McNatt is the first attorney in Orlando,
Fla. to become a U.S. Green Build-
ing Council LEED Accredited Profes-
sional (LEED AP). He was also recently
appointed to the Sustainable Develop-
ment National Forum of the National
Association of Industrial and Office Prop-
erties (NAIOP) and elected its chairman.

The law firm of Broad and Cassel
announced the addition of Thomas
G. Norsworthy, of counsel, who joins
the Firm's Orlando, Fla. office and
the Affordable Housing and Tax Credit
Practice Group.

Gov. Charlie Christ appointed Holly
Benson to serve as secretary for the
Florida State Agency for Health Care

William T. Hennessey, a litigation
attorney and shareholder at Gunster
Yoakley & Stewart in West Palm
Beach, Fla., has been elected a fellow
of the American College of Trust and
Estate Counsel (ACTEC). He is one of
approximately 138 lawyers in Florida
and 2,700 nationwide to earn this
distinction. He was also named an
"Up & Comer" in trust and estate liti-
gation and estate planning by South
Florida Legal Guide 2008.

Christopher A. McMican (LLMT)
was promoted from senior counsel
to principal for the law firm of Miller
Canfield in Detroit, Mich. His practice

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McMican 96


focuses on employee benefits law with
an emphasis on qualified retirement
plans, nonqualified deferred compen-
sation, health and welfare benefits,
and estate planning.

The managing shareholder of Asbell Ho
Klaus Goetz & Doupe, Nicole L. Goetz,
and associate attorney Stephanie
Sussman, made a presentation at the
Trusts and Estates Section meeting of
the Collier County Bar Association on
March 7. The title of the presentation
was "Can You Trust Your Trusts and Pre-
sume Your Prenuptials Will Protect Your
Clients?: A Brief Overview of Family Law
for the Estate and Trust Practitioner."

Pardis Zomorodi was elected part-
ner of Latham & Watkins in Los
Angeles, Calif. She is a tax attorney
with a focus on the federal income
taxation of corporations, partner-
ships and real estate investment
trusts, including planning and struc-
turing mergers, acquisitions and
financing transactions.

Michael G. Archibald, of Marshall,
Dennehey, Warner, Coleman & Goggin
in Tampa, Fla., was named a share-
holder of the firm.

Rebecca C. Cavendish, a shareholder
and member of Gunster Yoakley & Stew-
arts' litigation department, was named
an "Up & Comer" in complex commer-
cial litigation and employment by South
Florida Legal Guide 2008.

Jason Gonzalez, general counsel
to the Republican Party of Florida,
is Gov. Charlie Crist's new full-time
general counsel. He is a shareholder
at Ausley & McMullen, an old-line
Tallahassee firm, and is a member of
the Florida Supreme Court Judicial
Nominating Commission.

Miami attorney Kenneth Dante Mure-
na has recently become of counsel to
the law firm of Damian & Valori. His
area of practice will continue to con-
centrate on commercial, bankruptcy
and fraud litigation.

Harvey E. Oyer III, a fifth-generation
native of Palm Beach County, has
joined the statewide law firm Shutts &
Bowen in West Palm Beach as a part-
ner and will chair the office's land use
practice group.

Broad and Cassel announced Stephen
Grave de Peralta has been named a
partner with the south Florida firm
and is a member of the firm's cor-
porate and securities and real estate
practice groups. He has been with the
firm since 2000.

Michelle Tomlinson Williams was
invited to be the keynote speaker at
the Caribbean Law Student's Associa-
tion Banquet at the UF Levin College
of Law. Ms. Tomlinson Williams is
senior director & counsel at Hilton
Grand Vacations, which develops,
sells and operates timeshare resorts
for Hilton Hotels Corporation and the
Blackstone Group. She is lead counsel
for the resort operations, international,
information technology and associa-
tion governance practice areas, and
handles general corporate matters.

Kara K. Baxter, an associate with the
law firm Greenberg Traurig, has been
designated as a Leadership in Energy
and Environmental Design Accred-
ited Professional (LEED AP) by the
United States Green Building Council

The Law Firm of Shutts & Bowen
announced the election of Andrew J.
Fruit as a new partner of the Tampa
office at its recent annual meeting. He is
a member of the corporate department
and represents clients in mergers and
acquisitions matters, while focusing on
corporate law, contracts, securities and
corporate finance.

Candy Messersmith has been pro-
moted to partner of Rumberger, Kirk
& Caldwell in Orlando, Fla.

Stefan Rubin, a partner with Ruden
McClosky's Orlando, Fla. office, was
named among the "Best of the Bar"
by the Orlando Business Journal.


The Law Firm of Shutts & Bowen
announced the election of Roland
Gallor as a new partner of the
Miami office at its recent annual
meeting. He is a member of the
firm's real estate department and
focuses his practice on the transfer
of commercial property. This rep-
resentation includes acquisitions,
sales, leasing and lending. He works
with banks and other lending insti-
tutions, as well as developers and
property owners.

The Orlando, Fla. firm of Lowndes,
Drosdick, Doster, Kantor & Reed
announced Jill Harmon has been elevat-
ed to a partner/shareholder.

Advanced Disposal Services, Inc.,
a regional provider of integrated
solid waste collection, transfer, and
disposal services announced the hir-
ing of Christian Mills to the newly-
created position of vice president-
general counsel. Mills will work out of
Advanced Disposal's corporate office
in Jacksonville, Fla.

Brian and Beth Mulligan were blessed
with the birth of their second child,
Jake Donal Mulligan, born Sept. 22,
2007. Their first son, Quinn Michael
Mulligan was born in July of 2006.

The law firm, Quarles & Brady,
announced David Pashjoined the
firm's trusts & estates group in the
Naples office.

The Orlando, Fla. law firm of Zimmer-
man, Kiser & Sutcliffe, named Jeremy
S. Sloane as a new shareholder for

The Law Firm of Shutts & Bowen
announced the election of Ricardo
J. Souto as a new partner of the
Miami office at its recent annual
meeting. He is a member of the
International and Tax Practice
Group, where he concentrates his
practice in taxation, estate plan-
ning and business planning. He
advises foreign clients with respect
to investments in the United States

Archibald 98

A Lifetime of Service

Robert M. Ervin

At 92, he is the oldest living past president of The Florida Bar,

but that doesn't stop Robert M. Ervin (JD 47) from maintaining
an active role in the legal profession.
In acknowledging Ervin's dedication and service to the field, the
Tallahassee Bar Association (TBA) honored its oldest active member
by naming the new Lawyers' Commons in the Leon County Courthouse
after Ervin. TBA President Meredith Trammell Roop announced on
Aug. 7, 2007, that the TBA board voted unanimously for the "Robert
M. Ervin Lawyers' Commons" and held a ribbon-cutting ceremony
after the completed construction in March.
"Most people do not know the depth of Bob's service to our
profession both directly and indirectly, but are even more unaware of
his contributions of infinite time, energy, vision and dedication to our
citizenry outside of the bar associations," Trammell Roop said. "He is
probably the most accomplished person I have ever known, yet he is a
man full of humility and compassion who never misses a chance to be
nice to others."
Ervin's service to his country is something many of his friends and
co-workers admire him for as well. In the middle of his law school
career, Ervin, a "Double-Gator," left to join the U.S. Marine Corps
during World War II and served for two tours before being discharged
in 1946 with the rank of Major all before completing his law
degree. Ervin continued this patriotism as a retired Colonel of the
USMC, leading the organization of and commanding the Marine Corps
Reserve Staff Unit (VTU 6-13) in Tallahassee for 18 years.
His leadership and accomplishments on paper do not begin to
illustrate the wonderful contribution and influence Ervin has made on
attorneys throughout the state. Throughout his illustrious career, Ervin

served as president of the TBA, served on the Florida Constitution
Revision Commission, authored much legislation, as well as articles in
various scholarly publications.
"We can all learn how to practice our profession, treat others, to
get the job done, and to make the world a better place," Trammell
Roop said. "Bob Ervin's list of accomplishments and successes serve
as a blueprint for how to get the most out of a law degree and how to
use every opportunity in life to make a difference rather than just get
"My debt of gratitude to the University of Florida, particularly
to the College of Law is boundless; not simply for the formal and
professional training but the commencement of my 'Gator Nation'
awareness," Ervin said.

and related income tax and estate
planning matters.

Brandon Biederman was recognized
by the South Florida Business Journal
during the journal's 2007 Up & Com-
ers Awards ceremony. "UP & Comers"
awards recognize the outstanding
young business leaders under the age
of 40 who are making their mark in
South Florida.

The law firm of Arnstein & Lehr
announced Loren W. Fender has
become a member of the firm. Fender's
practice is concentrated on commer-
cial and tort litigation with emphasis
in complex product liability matters
involving catastrophic personal injury
and wrongful death.

Brad Gould, an associate with the
law firm of Dean Mead, has been
elected chairman of the board for
Big Brothers Big Sisters of St. Lucie,
Indian River and Okeechobee coun-
ties. Gould has been on the board
since 2005 and has also served as
vice president.

The Orlando, Fla. law firm of Zim-
merman, Kiser & Sutcliffe, named
Katherine E. McKinley as a new
shareholder for 2008.

Roger H. Miller Ill was named
a shareholder with Farr, Farr,
Emerich, Hackett & Carr, of Punta
Gorda, Fla. Miller concentrates his
practice in the areas of real estate
and civil litigation. He is also serving
as president of the board of directors

for Charlotte County Habitat
for Humanity.

David M. Migut, assistant city
attorney for the City of Fort Myers,
has become board-certified by The
Florida Bar in city, county and local
government law.

Roger H. Miller Ill was named
shareholder with Farr Farr Emerich
Hackett & Carr, of Punta Gorda, Fla.
Miller concentrates his practice in
the areas of real estate and civil liti-
gation and also serves as president
of the board of directors for Charlotte
County Habitat for Humanity.

The Florida business law firm
Berger Singerman announced
Marc S. Shuster has joined the


Shuisl-r -11

Double Gator appointed UF Trustee

S. Daniel Ponce


ov. Charlie Crist appointed S. Daniel
Ponce (JD 73) to succeed Manny
Fernandez as a member of the
University of Florida Board of Trustees. Ponce's
term as UF trustee began Jan. 8. Hejoins two
other UF Law alums who have served as UF
trustees, Courtney Cunningham (JD 86), who
continues to serve on the board, and C. David
Brown II (JD 78) whose term expired Jan. 6.
Ponce, 59, of Gainesville, is a "Double-
Gator" who received his bachelor's degree in
business (BSBA) with honors in 1970 and his
law degree in 1973, both from the University
of Florida. He is a partner in Legon Ponce
& Fodiman PA., a law firm based in Miami.
Ponce also is chairman of the board of Imperial
Industries Inc., a NASDAQ-traded company.
"I'm honored that the governor has given
me the opportunity to serve the university that
I love so much," Ponce said. "I look forward to
working with the other trustees in guiding the
university toward its goal of being among the
top 10 public universities in America."
Ponce already serves UF as a member of
the boards of University of Florida Foundation
and the University of Florida Athletic

Association. He also was a past president
of the UF National Alumni Association. He
recently was named president and chairman of
the Orange Bowl Committee.
Ponce was the keynote speaker at the
Levin College of Law's commencement
ceremony May 9.
Ponce is president and chairman of
the Orange Bowl Committee and is on the
executive board of the New World School of
the Arts in Miami. He is a member of the board
of directors of the UF Foundation, serving on
the Audit and Finance committees and also
currently serves on the University of Florida
Athletic Association Board, having served on
the Audit Committee, Finance Committee
and the Athletic Director Search Committee.
Ponce has served for many other organizations
and has received many awards, including the
University of Florida Hall of Fame.
Ponce served as Senator Bob Graham's
special counsel in Washington, D.C. in 2002.
Ponce was formerly assistant general counsel
and acting executive assistant to the State
of Florida Comptroller and cabinet officer

firm as an associate. He is a
member of the transaction team
based in the firm's Fort Lauderdale,
Fla. office.

Fisher & Phillips LLP, a national
labor and employment law firm,
announced David Young is among
five of Florida's most respected labor
and employment attorneys who have
joined the firm's Orlando, Fla. office.

Reuben A. Doupe has become
a shareholder with the marital
and family law firm of Asbell Ho
Klaus Goetz & Douope in Naples,
Fla. He will continue to practice
exclusively in marital and family

The Sarasota, Fla. law firm of
Williams Parker Harrison Dietz
& Getzen announced Jennifer
Lodge has joined the firm's
litigation department.

Laura Leslie-Schuemann has
recently joined the Stuart office
of Gunster Yoakley & Stewart.
She is a private wealth services
attorney who concentrates her
practice in trusts and estates,
tax preparation and estate

Cristina Papanikos has recently
joined the West Palm Beach, Fla.
offices of Gunster Yoakley &
Stewart. She is a litigation
attorney and concentrates her
practice in estate, trust and
guardianship litigation, as well
as employment litigation.

Chad M. Muney hasjoined
the law offices of Moyle Flanigan
Katz Breton White & Krasker as an
associate. His practice focuses on
business litigation, construction law,

Ponce, former Florida Blue Key president,
has been a lawyer in the State of Florida
since 1974, a certified public accountant
since 1972, and is admitted to practice law
in all courts of the State of Florida and federal
Courts, including the United States District
courts for the Southern, Middle and Northern
Districts of Florida, the Eleventh and Fifth
Circuit Court of Appeals and the United States
Supreme Court.

real property disputes, landlord and
tenant, and first party insurance

Carlton Fields' associate, Karen L.
Persis, was appointed president-
elect of the Central Florida Gator
Club the largest alumni chapter
of the University of Florida Alumni

After law school, Jennifer C.
Finch worked as in-house
counsel for Sunterra Corporation
in Las Vegas, Nev. In September
of 2007, she took an in-house
position with Starwood special-
izing in registrations and govern-
ment relations, working out of
Orlando, Fla.

Fisher & Phillips LLP, a national
labor and employment law firm,
announced David Gobeo has joined
the firm's Fort Lauderdale, Fla.


Vnu nn nl

Persis 04

Dear Editor...
UF Law welcomes your feedback.
Send letters to Lindy ..... Ii.
UFLAWEditor, UF Law
Communications, P 0. Box 117633,
Gainesville, FL 32611 7633,
or email it to brounley@law.ufl.edu.

office as an associate. He
will focus his practice on
employment litigation,
including discrimination,
harassment and wage and
hour claims.

McGlinchey Stafford
announced that Robert D.
Sheesley has joined the
firm as an associate in
New Orleans, La. Sheesley
practices in the commercial
litigation section of the
firm and has considerable
experience representing
private employers in labor
and employment litigation
and compliance matters.

Mark W. Terrell (LLMT)
joined the Orlando, Fla.
office of Dean Mead as an
associate in the estate and
succession planning department.

Amy Fletcher has joined the
National Veterans Legal Ser-
vices Program in Washington,
D.C. as a staff attorney.

Brian McAlhaney has joined Nel-
son Mullins Riley & Scarborough in
Greenville, S.C., to practice in the
area of intellectual property law.

James M. Bandoblu Jr. (LLMT) has
joined Hodgson Russ LLP's Feder-
al/International Tax Practice Group
in the firm's Buffalo, N.Y office.

Daniel J. Cooper has joined the
law firm of Armstrong Teasdale
in St. Louis, Mo. and focuses his
practice primarily in the areas
of tax, employee benefits, trusts
and estates, and public law and

SIN MEMORIAM online at www.law.ufl.edulin_memoriam.pdf

Young Lawyer Meets the Bar

Jewel White Cole

Triple-Gator Jewel White Cole (JD 95),
the youngest of four children and first in
her family to graduate from college, is
used to making big strides. The latest one is
as president of The Florida Bar Young Lawyers
Division, an office she will take in June.
Cole doesn't mind spending her nights
and weekends planning for her new leadership
position because of the numerous community
outreach opportunities it will offer. Everything
in the organization is focused on serving
members or the community, she said. "It is my
goal to educate current and future attorneys
that The Florida Bar not only regulates but
helps attorneys do meaningful things for the
As president, Cole's initiatives will be to
continue the division's focus on student outreach
to current law students at Florida's 10 law
schools and working towards developing a law
student division of The Florida Bar to facilitate
more networking opportunities. The Florida
Bar Young Lawyers Division also provides
professional opportunities for current attorneys,

including sponsoring numerous continuing legal
education (CLE) programs throughout the year
and hosting networking activities with local bar
However, these programs couldn't be
implemented successfully without the division's
continuous efforts to forge partnerships with
other organizations, such as the Florida Bar
Foundation, for grants to successful execution
of the projects. "It is a way to spread money
around the state for great member and
community programs," she said. "Our division
includes the true worker bees of The Bar."
This fifth-generation Ft. Myers native spent
eight years in Gainesville, where she received a
bachelor's degree in sociology, master's degree
in urban and regional planning and JD. After
graduating from law school, Cole moved to
Clearwater, Fla., and began working as a land
use attorney at the Pinellas County Attorney's
Office. "Working in the public sector of land use
and environmental law allows me to be part of
the solution in Florida," she said. During her 12-
year stint, her position has morphed into more
of an in-house counsel position than litigation,
including writing ordinances and helping direct

policy making at the staff level. "I'm working to
truly shape the future of the county," she said.
"I have become more of ajack-of-all trades."
Cole is board-certified in city, county and local
government law by The Florida Bar.
Although Cole grew to love Gainesville,
she had a difficult time leaving her beach-filled
weekends behind in Ft. Myers before attending
college. "I was a beach bum kid and suffered
from severe separation anxiety from the beach,"
she said. But after one year in Gainesville, Cole
appreciated the city's differences. "There is
something in the air up there in Gainesville,"
she said. "I'm always proud to be a Gator."


Ddl III"LLI '.'I


Faculty Scholarship & Activities

Mary Adkins
Legal Skills Professor
* Selected to receive an Association of
Legal Writing Directors 2008 Summer
Research Grant to fund the project,
"Effects of the 'Wired Courtroom' on
Appellate Practice and Review."
* Argued Herbert Price v. State
before the Florida Supreme Court in

Mary Jane Angelo
Associate Professor
* Published "The Killing Fields:
Reducing the Casualties in the Battle
Between U.S. Endangered Species
and Pesticide Law," 32 Harvard
Environmental Law Review 95
* Published the book chapter
"Reforming the Federal Insecticide,
Fungicide, and Rodenticide Act" in
CPR for the Environment: Breathing
New Life into the Nations Major
Environmental Statutes, A Legislative
Sourcebook of Progressive Ideas
for Members of Congress and Staff
(Alyson Flournoy and Matthew
Shudtz, eds.) (2007)
* Presented "Florida Wetlands, New
Case Law, New Regulations and New

Directions" to the CLE International,
Tampa, Fla., Nov. 29, 2007.
* Presented "Harnessing the Power
of Science in Environmental Law:
Why We Should, Why We Don't,
and How We Can" at the Texas Law
Review's Symposium "Harnessing
the Power of Information for the Next
Generation of Environmental Law" at
the University of Texas Law School,
Feb. 1.

Thomas T. Ankersen
Legal Skills Professor; Director,
Conservation Clinic, Center for
Governmental Responsibility
* Served on Florida Building
Commission's Green Building Task
Force, which developed a model
green building ordinance for Florida
based in large part on the ordinance
the UF Law Conservation Clinic
developed for the City of Gainesville,
Fla. November February.
* Presented a paper titled, "Lawyers
(and law students) without Borders:
Transnational Collaboration in
Climate-induced Endangerment
Petitions Under the World Heritage
Convention" at the Michigan
State Journal of International Law

symposium "A Climate of Disruption:
Legal Measures for Adaptation and
Mitigation," Feb. 15.
m Presented a paper titled, "A Long
Slow Flood: Comprehensive Coastal
Adaptation Planning for Sea Level
Rise" at the Widener Law Review
annual symposium "Living with
Climate Change: Legal Challenges in
a Warmer World," April 15.
* Served as UF Provost's Faculty
Fellow for Sustainability and
in that capacity directed the
development of an undergraduate
minor in sustainability approved
by the university-wide curriculum
committee. The minor is unique in
its incorporation of a service learning
capstone based partly on a clinical
model, 2008.
* Presented a white paper, with
conclusions and recommendations
for a comprehensive reform of
Florida's boating laws, to the Florida
Boating Advisory Council under
contract with the Florida Fish and
Wildlife Conservation Commission,
* Moderated the closing policy
synthesis for the UF Water Institute
Symposium "Sustainable Water
Resources: Florida's Challenges;
Global Solutions," Feb. 27-28.

Faculty Profile: Bill Page

Page to Serve as Senior Associate Dean
for Academic Affairs
P professor Bill Page will begin serving
this summer as UF Law's senior
associate dean for academic
affairs. Pagejoined UF Law in 2001 as
the Marshall M. Criser Eminent Scholar
in Electronic Communications and
Administrative Law.
Page, whose teaching and
scholarship includes antitrust, civil
procedure, administrative law,

telecommunications, local government, intellectual
property, constitutional law and energy policy, has a
J.D. from the University of New Mexico and an LL.M.
from the University of Chicago. He came to UF Law
from Mississippi College School of Law, where he
served as the J. Will Young Professor of Law.
"I believe Bill is an excellent choice, and that
he is the right colleague to serve in this leadership
role," Dean Robert Jerry said.
Page is the author of The Microsoft Case:
Antitrust, High Technology, and Consumer Welfare,
among other books, and has extensively published
articles in prominent law journals.


m Moderated the closing plenary
of the 14th Annual UF Law
Public Interest Environmental
Conference "Reducing Florida's
Footprint: Stepping Up to the Global
Challenge," Feb. 28 March 1.

Dennis A. Calfee
Professor; Alumni Research Scholar
m Named Distinguished Accredited
Estate Planner by the National
Association of Estate Planners and
Councils, 2008.

Charles W. Collier
Professor; Affiliate Professor of
m Published "Presidential Debates and
Deliberative Democracy," 117 Yale
Law Journal Pocket Part (2008).
m Published article, "Terrorism as an
Intellectual Problem," in 55 Buffalo L.
Rev. 815 (2007)

Professor Stuart R. Cohn
Gerald A. Sohn Research Scholar,
Associate Dean for International
m Published "Capital Offense: The
SEC's Continuing Failure to Address
Small Business Financing Concerns,"
4 NYUJ. Law& Bus. 1 (2007).
* Gave an address at the ABA
International Law Section Conference
in New York, April 4, on "Legal and
Financial Developments in Cross-
Border Finance Between Africa and
the United States."

Jonathan R. Cohen
Professor, Associate Director,
Institute for Dispute Resolution
* Published "Coping with Lasting
Social Injustice," 13 Washington and
Lee Journal of Civil Rights and Social
Justice 259-283 (2007).

Jeffrey Davis
Professor; Gerald A. Sohn Scholar
* Published "Florida's Beefed-Up
Assignment for the Benefit of Creditors
as an Alternative to Bankruptcy," 19
U.F J. L. & Pub. Pol. 17, (2008).

Time Magazine, March 3, 2008

, One of the things about these high risk activities is
that if you're going to participate in them you assume
a certain kind of risk.... Is the thing that killed him
something that you normally associate with shark
watching? Or, is it something that could have been
avoided had the company used reasonable care? II

-Lyrissa Lidsky, Professor; UF Research Foundation Professor
Speaking on the question of whether a tour operator failed to use
reasonable care when he took a group of tourists diving with sharks, one
of whom was attacked by a shark and killed, without the use of cages.

Elizabeth Dale
Affiliate Professor of Law;
Associate Professor of Constitutional
and Legal History, Dept. of History
* Published "Death or
Transformation? Educational
Autonomy in the Roberts Court in the
2006-2007 Supreme Court Review,"
guest editor Erwin Chermerinsky, 43
Tulsa Law Review (2008).
* Published "People v. Coughlin and
the Criminal Jury in Late Nineteenth-
Century Chicago, as part of a
symposium issue on the Modern Jury
published in 28 Northern Illinois
University Law Review (2008).
* Published "Employee Speech
& Management Rights: A
Counterintuitive Reading of Garcetti
v. Ceballos," 29 Berkeley Journal of
Employment & Labor Law (2008).
* Published "Criminal Justice in
the United States, 1780-1920:
A Government of Laws or Men?"
2 Cambridge History of Law in
America (Christopher Tomlins and
Michael Grossberg, eds.) (2008)
* Published "Review Essay: Two
Ways of Looking at the Founding,"
35 History: Reviews of New Books
129 (2008).

Patricia E. Dilley
* Presented "Work and Institutions"
at a session on "Gender and Class:
Voices from the Collective," held
by the Section on Women in Legal
Education and co-sponsored by

several other sections at the AALS
Annual Meeting in New York City,
held Jan. 2-6.

Nancy E. Dowd
Chesterfield Smith Professor of Law
* Published "Multiple Parents/Multiple
Fathers," 9 Journal of Law and Family
Studies 231 (2007) "Keeping it Real:
Fathers, Masculinities and Work/
Family Policy," presented at New
Legal Realism meets Feminism &
Legal Theory II: Empirical Perspectives
on the Place of Law in Women's Work
and Family Lives, Oct. 5-6, 2007 at
the University of Wisconsin.
* Speaker for Law Association for
Women, Women's History Month,
March 20, on work/family issues and
gender issues in law school.

Mark Fenster
Professor, UF Research Foundation
* Presented "The Dilemmas of Local
Transparency" at Hastings College of
Law in San Francisco (2008).
* Presented "Thurman Arnold and
Legal Theory" at the American
Studies Association Annual Meeting in
Philadelphia (2008).
m Selected to receive a University
of Florida Research Foundation
Professorship Award for 2008-10.
These professorships recognize faculty
who have established a distinguished
record of research and scholarship
expected to lead to continuing
distinction in their fields.


South Florida Sun-Sentinel, Nov 25, 2007

, The chances that the Supreme Court would hear the
case and ultimately decide it's unconstitutional are not
great. But there still is the risk, and someone has to
pick up the legal tab. ff

-Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law; Professor
Quoted regarding the potential for a court battle that may be faced by Proposition
I, the property tax amendment passed by Florida voters in January Wolf said
courts have upheld the constitutionality of Save Our Homes because it promotes
stability in communities; homeowners tend to stay in place because of the tax
savings they enjoy But the portability provision in the constitutional amendment
is designed specifically to allow homeowners to sell and take their Save Our
Homes protection and big tax discounts with them. Wolf who specializes in local
government, said the state could luck out in the end because the U.S. Supreme
Court -a lawsuit's likely final stop -takes so few cases to hear each year.

m Published article, "Regulating Land
Use in a Constitutional Shadow: The
Institutional Contexts of Exactions,"
in 58 Hastings Law Journal 729
(2007); the article was reprinted in
the 2008 edition of the Zoning and
Planning Handbook.
* Published review essay, "The
Folklore of Legal Biography," in 105
Michigan Law Review 1265 (2007).
* Published article, "Takings,
Version 2005: The Legal Process of
Constitutional Property Rights," in 9
University of Pennsylvania Journal
of Constitutional Law 667 (2007).
m Published "On Idiocratic Theory:
A Reply," in 19 Critical Review 147

Alyson C. Flournoy
Professor; Director, Environmental
and Land Use Law Program; UF
Research Foundation Professor
* Moderated the program of the
Section on Environmental Law on
"Responses to a Changing Climate"
at the AALS Annual Meeting in New
York City, held Jan. 2-6.
* Presented "Harnessing the Power
of Information to Protect our Public
Natural Resource Legacy" at the
University of Texas School of Law,
Feb. 1.
* Served as a moderator at the
14th Annual Public Interest
Environmental Conference Feb. 28
- March 1.

Jeffrey L. Harrison
Stephen C. O'Connell Chair
* Published Law and Economics
with Norton and Co (2008). Co-
author is Jules Theeuwes, Professor
of Economics, University of
* Published "Economics of
Business Associations" in the
Encyclopedia of Law and Society
* Work cited in Westerfield v.
Quiznos Franchise Co., LLC, 527
F.Supp.2d 840, 2007-2 Trade
Cases P 75,942, RICO Bus.Disp.
Guide 11,386, E.D.Wis., Nov. 05,
2007 (NO. 06-C-1210)
m Work cited in White Mule
Co. v. ATC Leasing Co. LLC,
F.Supp.2d, 2008 WL 763486,
N.D.Ohio, March 25, 2008 (NO.
* Operator of "Class Bias in Higher
Education" blog and contributor to
"MoneyLaw" blog.

Berta E. Hernandez-Truyol
Levin Mabie and Levin Professor;
Associate Director, Center on
Children and Families
* Jointly honored, with Angela
Harris, by the executive committee
of the Association of American Law
Schools Minority Groups Section
with the 2008 Ferguson Award for
excellence in scholarship, teaching
and service.

Jerold H. Israel
Ed Rood Eminent Scholar in Trial
Advocacy and Procedure
* On Dec. 21, 2007, Thomson/
West published the 3rd edition of the
Criminal Procedure treatise, which
was co-authored by Israel. Originally
published in three volumes in 1984,
the treatise has grown to seven
volumes in its third edition. Professor
Israel wrote 10 of the treatise's 28
chapters, running just shy of 3,000
pages. Over the years, the treatise
has been cited in more than 2,500
appellate opinions.

Robert H. Jerry, II
Dean; Levin Mabie and Levin
* Presented "Leaders in the
Integration of Legal Education," Feb.
26 (co-sponsored by the Black Law
Student Association and the Center
for the Study of Race and Race
* Presented "Florida's Hurricane
Insurance Market, the State Regulatory
Response, and Development on
Florida's Coasts" at the 14th Annual
Public Interest Environmental
Conference, Feb. 28 March 1.
m Selected to serve as reporter for a
National Conference of Commissioners
on Uniform State Laws project
involving a trustee's insurable interest
in a life insured by a policy used to
fund an irrevocable life insurance
m Published the fourth edition of
Understanding Insurance Law,
LexisNexis (2008); on this edition,
Jerry adds co-author Douglas

Clifford A. Jones
Visiting Assistant Professor in Law
* Published 'Hail to the Cheese':
Stephen Colbert, Technology, and
Corporate Political Advocacy in the
2008 Presidential Campaign," in R.A.
Oglesby and M. G. Adams, Eds., 15
Business Research Yearbook 202




* Published "Bipartisan Campaign
Reform Act," in L.L. Kaid and C.
Holtz-Bacha, eds., 1 Encyclopedia of
Political Communication 56 (2008).
* Published "Buckley v. Valeo,"
in L.L. Kaid and C. Holtz-Bacha,
eds., 1 Encyclopedia of Political
Communication 69 (2008).
m Published "Campaign Finance,"
in L.L. Kaid and C. Holtz-Bacha,
eds., 1 Encyclopedia of Political
Communication 77 (2008).
* Published "European Commission,"
in L.L. Kaid and C. Holtz-Bacha,
eds., 1 Encyclopedia of Political
Communication 215 (2008).
m Published "European Court of
Justice," in L.L. Kaid and C. Holtz-
Bacha, eds., 1 Encyclopedia of
Political Communication 217 (2008).
* Published "Federal Election
Campaign Act," in L.L. Kaid and C.
Holtz-Bacha, eds., 1 Encyclopedia of
Political Communication 233 (2008).
* Published "McConnell v.
Federal Election Commission,"
in L.L. Kaid and C. Holtz-Bacha,
eds., 2 Encyclopedia of Political
Communication 426, (2008).
m Presented "Hail to the Cheese:
Stephen Colbert, Technology, and
Corporate Political Advocacy in the
2008 Presidential Campaign" to the
International Academy of Business
Disciplines Annual Conference,
Houston, Texas, April 2-3.
* U.S. Fulbright Commission, Senior
Scholar Research Grant, Comparative
Antitrust Law. New Issues in
Germany and the European Union.
Research on the interface between
intellectual property law and antitrust
law and private enforcement of
antitrust law in Germany and the EU.
Hosted by the Max Planck Institute
for Intellectual Property, Competition,
and Tax Law, Munich, Germany,
March 16-July 15, 2007.

Christine Klein
Professor; Associate Dean for Faculty
* Published "The New Nuisance: An
Antidote to Wetland Loss, Sprawl,

and Global Warming," 48 Boston
College Law Review 1155 (2007).
* Published "Mississippi River Stories:
Lessons from a Century of Unnatural
Disasters" (with Sandra B. Zellmer), 60
SMU Law Review 1471 (2007).
m Published "Survey of Florida Water
Law," in Waters and Water Rights
(Robert E. Beck, ed., Matthew
Bender & Co., Inc. (2007 Supp.).
m Presented "The Case Against Water
Transfers" at the 14th Annual Public
Interest Environmental Conference,
Feb. 28 March 1.
m Served on panel on "Climate Change
Litigation" at the Judicial Symposium
on Scientific Evidence in the Courts
sponsored by the AEI-Brookings
Joint Center for Regulatory Studies
(Washington, D.C.), June 22, 2007.

Forum at the University of Louisville
in December.
m Published article with co-
author Tera Jckowski Peterson,
titled "Medium-Specific Regulation
of Attorney Advertising: A Critique,"
in 18 University of Florida Journal
of Law & Public Policy 259
m Published "U.S. Media Law
Update," in 12 Media & Arts Law
Review 387 (2007).
* Presented the paper, "The Implied
Audience of First Amendment
Speech," as a faculty enrichment
lecture at William Mitchell Law
School on Feb. 21 and at Loyola
University Law School in Chicago on
Feb. 25.
m Spoke about liability for Internet

The Boston Globe, Nov. 25, 2007

, The belief in an imminent North American Union
reflects the particular ways in which Americans
feel besieged economically, powerless politically,
and alienated socially." In a deeper sense, the
apprehension and anger that sustain the NAU
rumors are quite real. For all their talk about national
threats, national sovereignty, and national strength,
conspiracy theories are usually more about individual
powerlessness. II

-Mark Fenster, Professor Quoted in an article titled, "The Amero
Conspiracy which discusses the social anxiety, unrest and problems that
may arise if a North American Union should ever be formed.

Elizabeth T. Lear
* Published article, "National
Interests, Foreign Injuries, and Forum
Non Conveniens," 41 U.C. Davis Law
Review 559 (2007).

Lyrissa Lidsky
Professor; UF Research Foundation
* Spoke on Internet defamation at
the Florida Free Speech Forum in
December, which was recorded for
radio broadcast on WUFT-FM.
* Spoke about holocaust denial at
the First Amendment Discussion

speech to the American Constitution
Society on March 4.
* Moderated a panel discussion of the
tort of false light in conjunction with
a trip to Tallahassee, Fla. by UF law
and journalism students to hear oral
arguments in an important false light
case before the Florida Supreme Court
on March 5.
* Spoke at the University of
Louisville's First Amendment
Discussion Forum in December,
presenting a paper titled, "Lies and
the First Amendment." The paper has
been accepted for publication by the
Washington and Lee Law Review.

I- N' I FH


Associated Press, Florida Today, South Florida Sun-Sentinel,
St. Petersburg Times, Tallahassee Democrat, and the Fort Myers
News-Press, Jan. 30-31, 2008

, This compact, as it stands before you, is
unconstitutional. II

-Jon L. Mills, Professor; Director of Center for Governmental Responsibility;
Dean Emeritus; acting as counsel for the Florida Legislature in the matter
Quoted in stories regarding the Florida Supreme Court hearing oral arguments
in a Seminole Indian gaming case in regarding the constitutionality of Governor
Charlie Crist's agreement with the tribe that allows for Vegas-style slots and
games such as blackjack and baccarat at its seven Florida casinos.

Lawrence Lokken
Hugh F Culverhouse Eminent
Scholar in Taxation; Professor
m Presented a paper titled, "Income
Effectively Connected with U.S.
Trade or Business: A Survey and
Appraisal" at the 60th Annual Federal
Tax Conference, held in November
and sponsored by the University of
Chicago Law School.

Diane H. Mazur
* Served as a moderator for
"The Great Torture Debate,"
sponsored by the Federalist
Society, UF Levin College of
Law, March 3, 2008.

* Spoke on military law as portrayed
in film and television at the Law
and Popular Culture Symposium,
Marquette University Law School,
Nov. 1, 2007. The symposium
celebrated the publication of the
new LexisNexis casebook, Law and
Popular Culture: Text, Notes, and
Questions. Professor Mazur is one of
the casebook's co-authors.
* Appointed the University of Florida
representative to the Simon Center for
the Professional Military Ethic, United
States Military Academy at West Point
* Appointed to the Editorial Board of
the Journal of National Security Law
and Policy (2008).

Martin J. McMahon Jr.
Clarence J TeSelle Professor
* Published "2009-1 Cumulative
Supplement" to Federal Income
Taxation of Individuals, Third Edition,
(with Boris I. Bittker & Lawrence A.
Zelenak) Warren, Gorham & Lamont
m Published "2008-1 Cumulative
Supplement" to Federal Income
Taxation of Individuals, Third Edition
(with Boris I. Bittker & Lawrence A.
Zelenak), Warren, Gorham & Lamont
* Published the article, "Recent
Developments in Federal Income
Taxation: The Year 2007," 8 Florida
Tax Review 715 (2008) (with Ira B.
Shepard & Daniel L. Simmons).
* Presented "Recent Income Tax
Developments" to the 2008 Oregon
& Washington Tax Institute, Seattle,
Wash., May 1.
* Presented "Recent Developments in
Federal Income Taxation" (jointly with
Prof. Ira Shepard) during the 24th
Annual Tax Institute, University

Faculty Profile: Dennis Calfee

Calfee Named Distinguished Accredited Estate Planner

U F Law Professor and Alumni Research Scholar Dennis Calfee has been named a
Distinguished Accredited Estate Planner by the National Association of Estate Planners
and Councils. Calfee is only the third professor to receive this prestigious honor. The
award is given in recognition of the recipient's outstanding and distinguished service in the field
of estate planning. Past recipients have included Howard M. Zaritsky, Byrle M. Abbin, Roy M.
Adams, Steve R. Akers, Lawrence Brody, Natalie B. Choate, Richard B. Covey, S. Stacy Eastland,
Stephan R. Leimberg, and 25 other estate planning professionals. The National Association
of Estate Planners and Councils is the non-profit umbrella organization for more than 28,000
members of estate planning councils in the U.S. consisting of the leading estate planning
professionals in their local communities. Calfee (pictured right) was presented the award by
Jeff Scroggin (JD 79), a former student of Calfee and a member of the NAEPC National Board.



of North Carolina School of Law,
Chapel Hill, N.C., April 24.
m Presented "Recent Federal Income
Tax Developments" at the Palm Beach
Tax Institute, West Palm Beach, Fla.,
Jan. 23.
* Presented "Recent Income Tax
Developments," to the American Bar
Association, Tax Section, Midyear
Meeting (with Ira Shepard and Daniel
Simmons), Lake Las Vegas, Nev., Jan.
19, and to the 54th Annual Taxation
Conference, University of Texas School
of Law, Austin, Texas, Nov. 7, 2007.
m Presented "Tax Planning for Sales
and Purchases of Partnership and
LLC Interests" during the 55th Annual
Tax Institute, University of Montana
School of Law, Missoula, Mont., Oct.
19, 2007.
* Served as a panelist speaking on
"The US and Canadian Perspectives
on Tax Avoidance" during the
American Bar Association, Tax
Section, Fall Meeting, Committee on
Teaching Taxation Program: Individual
Income Tax Committee; Vancouver,
B.C., Canada, Sept. 28, 2007.

Jon L. Mills
Professor, Director of Center for
Governmental Responsibility; Dean
* Served on a panel and presented
"Communication Breakdown: Science
Education for Policymakers and Policy
Education for Scientists" at the 14th
Annual Public Interest Environmental
Conference Feb. 28 March 1.
* Argued the Indian Gaming case
before the Florida Supreme Court in
April representing Florida Legislature
House Speaker Marco Rubio.
* Moderated the 14th Annual Public
Interest Environmental Conference
panel on Science Education for
Policy Makers & Policy Education for
Scientists, Feb. 23.
* Moderated audience questions for
former Secretary of State Madeleine
Albright's presentation to UF College of
Law students and faculty, March 26.
* Served as facilitator for Askew
Institute annual meeting, "Building

Community around Florida's Four
Generations," Feb. 7-8.
* Served as Rapporteur, Meeting
of the World Justice Project of the
American Bar Association, Buenos
Aires Forum, November 2007.
m Moderated panel discussion
following Dr. Jack Kevorkian's speech
held at the Stephen C. O'Connell
Center, Jan. 15.

Robert C. L. Moffat
Professor; Affiliate Professor of
* Served on a panel discussing
physician-assisted suicide and right to
die issues, following a speech by Dr.
Jack Kevorkian held at the Stephen C.
O'Connell Center, Jan. 15.
m Invited as one of four panelists in
an immigration law symposium titled,

Affiliate Professor of Anthropology
m Published "Transitional Justice:
The Moral Foundation of Trials and
Commissions in Social and Political
Transformation" in the East African
Journal of Peace & Human Rights,
Makerere University, Human Rights
and Peace Centre, Vol. 13, No. 3
m Published "Globalism from an
African Perspective: The Training of
Lawyers for A New and Challenging
Reality," Iowa Journal of Transnational
Law and Contemporary Problems, Vol.
17, No. 2 (2008).
* Submitted the petition document
"Petition to the Inter-American
Commission on Human Rights
Seeking Recognition of the Shuar Land
Rights, and Relief from the Acts and
Omissions by the Republic of Ecuador

Investment News, March 3, 2008

\\ The pot of gold is getting something characterized as
political speech, but if it is determined to be commercial
speech that would be much more favorable to sustaining
the regulations.... The Supreme Court has never defined
the difference between commercial and political speech,
and the problem arises when you have an amalgam of
political and commercial speech. r,

-Michael Siebecker, Associate Professor, Quoted in an article discussing
open-access to hedge fund information that may lead to a lawsuit against
the Securities Exchange Commission. Siebecker discussed the free
speech argument and said it could come down to whether the hedge fund
information is deemed political or commercial in nature.

"A New Year and The Old Debate:
Has Immigration Reform Reformed
Anything," held at Chapman University
School of Law, Feb. 20, with
sponsorship by the NEXUS Journal of
* Published "Social Impacts on the
Criminal Law of the Enforcement
of Morality: Some Reflections on
the Anglo-American Debate," 38
Rechtstheorie 1-30 (2007).

Winston P Nagan
Professor, Samuel T Dell Research
Scholar; Director, Institute of Human
Rights and Peace Development;

that have Resulted in the Violation of
Shuar Land Rights" (44 pages) to the
Inter-American Commission (2007).
* Submitted a petition dealing with
bioprospecting to the Inter-American
Commission titled "Petition to the
Inter-American Commission on Human
Rights Seeking Recognition of the
Shuar Rights to Traditional Knowledge,
and Relief from the Acts by the United
States of America in Aiding New York
Botanical Garden and United States
Agency for International Development
in the Misappropriation of Shuar
Traditional Knowledge and Trade
Secrets," (124 pages) (2008).


Faculty Profile: Kenneth Nunn

"Law Matters" takes legal
issues on-the-air


t was nearly 10 years ago that
Professor Kenneth Nunn appeared
as a guest on "Law Matters," a
local program broadcast by WUFT-
TV. His appearance and his college
days at Stanford University where
Nunn dabbled in communications and
hosted his first gig as a radio host in
1979 eventually led to his interest in
production and current role as host.
As a student, Nunn was a radio
broadcaster for a weekly news and
affairs show on KZSU, which aired
Sunday mornings on the Stanford
campus. Nunn says it was a great
experience that allowed him to
appreciate the importance of speaking
in public.
Fast forward to the present- Nunn
now finds himself using those skills
learned nearly 30 years ago to present
current legal issues to citizens of North
Central Florida on "Law Matters." The
TV program is taped once a month,
excluding summers, and is run on the
last Thursday of every month with
additional viewing when time slots are
available, Nunn said.
"We are mainly topic driven and
try to run shows that are focused on

current issues affecting those in the
area," Nunn said. "My role as the host
is to be the traffic cop and make sure
no one monopolizes their time on the
With more than five years of legal
practice and 17 years of teaching,
Nunn's experience brings true insight
of legal issues to the show and allows
him to understand the importance
of shaping questions to highlight his
panel of guests. Nunn's expertise is in
criminal law, criminal procedure and
law and cultural issues related to race.
Nunn said he enjoys volunteering
his time for this program because of
the interaction with fellow colleagues,
scholars and experts. He said the
producers contacted him about
hosting the show because they felt
Nunn provided an "in" to an academic
approach that could take the show in a
new direction.
"Now, the show is focused more
on policy questions and concerns more
than the nuts and bolts of a typical
legal show," Nunn said. "Bringing
in different scholars allows broader
concerns to be explored."
Nunn's active involvement at the
law school and on main campus,
coupled with his wife's interest in film
studies, has set the foundation for his
success outside of law school.
Dr. Patricia Hilliard-Nunn, Nunn's

wife, has been a strong influence
in Nunn's involvement and interest
in serving and educating audiences
through the media, he said. She
currently teaches "Blacks and Film"
as an adjunct instructor in the African-
American Studies Program at UF and
she previously taught a similar class
focusing on African-American Women
in film at the UF Center for Women's
Studies and Gender Research.
They both have appeared on talk
radio programs as commentators
discussing race and community
issues, and received a grant in 1999
to produce radio spots aired locally
in Gainesville that addressed the
history of African-Americans. Hilliard-
Nunn focuses a large portion of her
time studying film (independent and
mainstream) and the history of African-
Americans in Florida. At the same
time, she runs her own film production
company in Gainesville. She currently
serves as the president-elect of the
WUFT-TV board of directors.
Whether filming in the studio,
broadcasting over the radio or teaching
in his fields of scholarship, there is no
question that his areas of expertise
overlap in ways that have not only
created a bond with his wife, but
helped to propel Nunn's undergraduate
hobby into a popular TV program
broadcast to nine counties.


* Presented "National Security and
the Immigrant" to the Association of
Retired Intelligence Analysts, March 1.
m Served as a moderator at the
14th Annual Public Interest
Environmental Conference, Feb. 28
- March 1.

Kenneth B. Nunn
m Lectured on "Fifth and Sixth
Amendment Issues," as part of
the Florida Bar and Fla. Ass'n.
Crim. Def. Lawyers Criminal Law
Certification Review Course, Tampa,
Fla., April 18.
* Presented a paper on, "Policing,
Criminal Injustice & the Black
Community," at the Southeast/
Southwest People of Color Legal
Scholarship Conference, North
Carolina Central University School of
Law, Durham, N.C. April 12.
* Spoke on a panel on "Law
School Institutes," representing the
Center for the Study of Race and
Race Relations at the University of
Florida, at the Southeast/Southwest
People of Color Legal Scholarship
Conference, North Carolina Central
University School of Law, Durham,
N.C., April 12.
* Presented for the panel, "Race and
the Criminal Justice System: Does
Race Play a Part in Prosecutorial
Decision-Making?" as a part of the
Third Annual Working in the Public
Interest Law Conference, University
of Georgia School of Law, Athens,
Ga., April 5.

William H. Page
Marshall M. Criser Eminent Scholar
in Electronic Communications and
Administrative Law; Professor
m Presented "Mandatory Contracting
Remedies in the American and
European Microsoft Cases" at a
November conference on "The
End of the Microsoft Case?" at
Northwestern in Chicago; Page was
also a commentator in a panel on
recent U.S. Supreme Court antitrust
decisions at the annual meeting of


The Florida-Times Union, Feb. 24, 2008

,, Although it might be an attractive short-term solution,
it never seems to really satisfy long-term needs.... It
doesn't solve the underlying problem, which is growth
and growing water consumption. I

-Christine Klein, Professor; Associate Dean for Faculty Development
Quoted in an article discussing the the St. Johns River and inter district transfers
of river water. Klein said the issue of moving water from one place to another
is new to Florida, but not to people living in the American west, where an arid
climate makes water shortages a constant threat to survival. There, water is KLEIN
piped hundreds of miles away, nothing like what's being proposed here.

the Southern Economic Association
in New Orleans, La.
m Published Kintner's Federal
Antitrust Law, 2008 supplements
(with Joseph Bauer and John
* Published "Software Development
as an Antitrust Remedy: Lessons
from the Enforcement of the
Microsoft Communications Protocol
Licensing Requirement," 14
Michigan Telecommunications and
Technology Law Review 77 (2007)
(with Seldon J. Childers).
m Work cited in Costco Wholesale
Corp. v. Maleng, 514 F.3d 915,
929 (9th Cir.2008); Schlotzskys,
Ltd. v. Sterling Purchasing and
Nat'l Distrib. Co., 520 F.3d 393
(5th Cir. 2008); In re Live Concert
Antitrust Litig., 247 F.R.D. 98 (C.D.
Cal. 2007); Drug Mart Pharmacy
Corp. v. American Home Products
Corp., No. 93-CV-5148, 2007
WL 4526618 (E.D.N.Y. Dec. 20,
2007); Lorix v. Crompton Corp. 736
N.W.2d 619 (Minn. 2007).

Juan F. Perea
Cone Wagner Nugent Johnson
Hazouri and Roth Professor
* Presented "Musings on Barack
Obama's Race Speech and the
Black/White Binary Paradigm of
Race" during the Mills Endowed
Series of Conversations on Race,
Duke University Law School,
March 20.
* Presented "On Cubans and
Cuban Americans: a Historical and

Critical Analysis" at the University
of Pittsburgh School of Law and
during the "Critical Race Theory
Colloquium Series" at Northwestern
University School of Law, both in
October of 2007.
* Gave the opening keynote
address, "Why we need a Truth
and Reconciliation Commission,"
during the fifth National Conference
on Race in 21st Century America,
Michigan State University, April
* Moderated the Ethics Panel during
the 2007 Music Law Conference,
February 2007.
* Presented "Awakening from
the Dream: The New Struggle for
Diversity in the Legal Academy" to
the Committee on Recruitment and
Retention of Minority Law Teachers
Program, American Association of
Law Schools Annual Conference,
January 2007.
* Published the book, Latinos and
the Law, (with Richard Delgado
and Jean Stefancic) Thomson/West
m Published Teachers' Manual for
Latinos and the Law, Thomson/West
m Published Race & Races: Cases
and Resources for a Diverse
America, 2d. ed. (with Richard
Delgado, Angela Harris, Jean
Stefancic and Stephanie Wildman)
Thomson/West (2007).
* Published Teachers' Manual
for Race & Races Thomson/West


First Coast News, Orlando Sentinel, Bay News 9, Miami Herald,
Examiner.com, FlaToday.com, FloridaToday.com, WOOD TV 8,
January 2008

4 I favor liberty in general. There is no social interest in
making people stay alive who do not want to be alive. II

-Robert C.L. Moffat, Professor; Affiliate Professor of Philosophy
Quoted in the article discussing Dr. Jack Kevorkians recent visit to UF where
Moffat served on the panel discussion after the speech. Moffat said he was in
favor of assisted suicide.

Stephen J. Powell
Lecturer in Law; Director,
International Trade Law Program
* Published "Peru-U.S. Trade
Promotion Agreement: The New
Economic Model for Civil Society?"
in Acuerdo de Promocion Comercial
Peru-Estados Unidos, Lima:
Universidad Peruana de Ciencas
Aplicadas (2007).
* Published "Toward a Vibrant
Peruvian Middle Class: Effects
of the Peru-United States Free
Trade Agreement on Labor Rights,
Biodiversity, and Indigenous
Populations," 20 Fla. J. Intl L. No. 1
(2008) (with Paola Chavarro).
* Published "Should or Must:
Nature of the Obligation of States
to Use Trade Instruments for the
Advancement of Environmental, Labor,
and Other Human Rights," 45 Alberta
L. Rev. 443 (2007).
* Presented paper on "Effective
Teaching of Linked International Law
Specialties -Example of International
Trade and Human Rights Law" at
panel on "Addressing Transnational
Collaboration in the Law School
Curriculum" of SEALS 2007 Annual
Meeting July 29, 2007.
m Presented paper on "Expanding
the NAFTA Chapter 19 Dispute
Settlement System: A Way to Declaw
Trade Remedy Laws in a Free Trade
Area of the Americas?" at the 45th
Annual Congress in Toronto of
LAsociation Internationale des Jeunes
Avocats, Aug. 21, 2007.
* Presented paper on "Lessons
of NAFTA Chapter 19's Unique

Dispute Settlement System" at the
Commercial Defense, Safeguard,
and Escape Clause Measures
Conference in Buenos Aires held
by Universidad Nacional de Tres de
Febrero, May 15, 2007.

Elizabeth A. Rowe
Associate Professor
* Published "Introducing A Takedown
for Trade Secrets on the Internet,"
at the 2007 Wisconsin Law Review
1041 (2007).
* Republished "Saving Trade Secret
Disclosures on the Internet Through
Sequential Preservation," at 2007
Boston College Intellectual Property &
Technology Forum 249 (2007).
* Presented "Rethinking 'Reasonable
Efforts' to Protect Trade Secrets in
the Digital Age" at Case Western
University Reserve Law School, on
April 23.
* Moderated a panel on "Commercial
Markets" at the 2008 Music Law
Conference at the Levin College of
Law on Feb. 16.
m Served as a panelist, "Teaching
Trademark Law," International
Trademark Association Meeting,
Orlando, Fla., November 2007.
m Appeared as a guest on "Law
Matters" (WUFT-TV) to discuss
intellectual property protection on
Feb. 19.

Thomas Ruppert
Assistant in Environmental Law
m Served as a moderator at the 14th
Annual Public Interest Environmental
Conference Feb. 28-March 1.

Sharon E. Rush
m Published "Whither Sexual
Orientation Analysis?: The Proper
Methodology When Due Process
and Equal Protection Intersect," 16
William & Mary Bill of Rights Journal
1 (2008).
* Published the essay, "Reflections
on Prejudice and Animus under Equal
Protection," UF Law (Winter 2007).
m Published the book chapter
"Time Out For Huckleberry Finn," in
Education Landscapes in the 21st
Century. Cross-cultural Challenges
and Multi-disciplinary Perspectives,
Cambridge Scholars Pub., United
Kingdom (2008).
m Published the book chapter "Toto,
I Have a Feeling We are Still in
Kansas," in Law Touches the Hearts
of Children: A Generation Remembers
Brown v. Bd. of Education (Richard
J. Bonnie and Mildred W. Robinson,
Eds.), Vanderbilt Univ. Press,
Nashville, TN (2008).

Katheryn Russell-Brown
Professor, Director, Center for Study
of Race and Race Relations
* Awarded the 2007 Coramae
Richey Mann Award for outstanding
contributions of scholarship on race,
ethnicity, andjustice by the American
Society of Criminology through its
Division on People of Color and Crime.

Michael Seigel
* Published article (with co-author
Daniel Weisman) titled "The
Admissibility of Co-Conspirator
Statements in a Post-Crawford World,"
34 Florida State University Law
Review 877 (2007).
* Published "Corporate America Fights
Back: The Battle Over Waiver of the
Attorney Client Privilege," 49 Boston
College Law Review 1 (2008).
m Appointed to serve as editorial
board member with responsibility for
international collaboration and review,
DE JURE (Procuradoria-Geral de Justia,




Belo Horizonte, Minas Gerais, Brazil;
a semi-annual journal published by
the Prosecutor General's Office for the
State of Minas Gerais).
m Presented a lecture Feb. 11 titled,
"Establishing and Maintaining a Norm
of Collegiality in the Law School
Setting," to the faculty at Florida
International University Law School in
Miami, Fla.
* Presented the lectures
"Comparative Criminal Procedure:
the United States versus Brazil," and
"Comparative Taxation, the United
States versus Brazil" as a guest of
the Magistrates' Association of Minas
Gerais, the Brazilian Magistrates'
Association, and the Association
of the Ministerio Publico of Minas
Gerais, Brazil, June 2007.

Michael Siebecker
Associate Professor
* Published a chapter in The First
Amendment Handbook 2007-
2008 (Rodney Smolla ed. 2008),
titled, "Corporate Speech, Securities
Regulation and an Institutional
Approach to the First Amendment."
The handbook, published by
Thomson/West, provides a collection
of the most notable articles on First
Amendment law published in the last
m Published "Building a 'New
Institutional' Approach to Corporate
Speech," 59 Alabama Law Review
247 (2008) (lead article).
* Published "Corporate Speech,
Securities Regulation and an
Institutional Approach to the First
Amendment," 48 Wm & Mary Law
Review 613 (2006).
m In a recent Massachusetts case,
Bulldog Investors v. Galvin, the
court cited Siebecker (and his article
mentioned above) as authority for
denying a hedge fund's claim that
its solicitation efforts were political
speech under the First Amendment.
Siebecker has previously been quoted
extensively in an industry periodical,
Hedge World Daily, about the same

* Presented "Building a 'New
Institutional' Approach to Corporate
Speech," Northwestern University
School of Law, March 2008.
* Presented "Corporate
Sustainability and International
Trade," University of Costa Rica Law
School, June 2008.
* Presented "Trust and Disclosure"
to the Third International Conference
on Interdisciplinary Social Sciences,
Monash University, Italy, June
* Presented "Trust, Efficiency, and
Corporate Transparency" during the
Eighth International Conference on
Knowledge, Culture and Change
in Organizations at Cambridge
University, United Kingdom, June
* Awarded $5,000 grant for
"Enhancement of Sustainability
in Instruction" from the University
of Florida Committee on
Sustainability and the UF Levin
College of Law.

Michael Allan Wolf
Professor, Richard E Nelson Chair in
Local Government Law
m Published "Hysteria v. History:
Public Use in the Public Eye,"
as a chapter in Private Property,
Community Development, and
Eminent Domain (Robin Paul Malloy
ed.) (2008).
* Published "William Faulkner,
Legal Commentator: Humanity
and Endurance in Hollywood's
Yoknapatawpha," 77 Mississippi Law
Journal 957 (2008).
* Presented "Green Building in
the Evolving Legal Landscape," at
the Seventh Annual Richard E. Nelson
Symposium, UF Levin College of Law.

Danaya C. Wright
* Presented "Power, Intimacy, and
Rights: The Legalization of Family
Discourse in One Victorian Marriage,"
Cornell University Faculty Colloquium,
Nov. 3, 2007.

Miami Herald, Feb 1., 2008

,, It's whether or not you can understand the nature of the
charge and be able to discuss your case in a meaningful
fashion with your lawyer and manifest appropriate
courtroom behavior... It has to do with life experience.
And the older you get, the more you've been exposed to,
the more sophisticated you become, hopefully. fI

-George R. "Bob" Dekle, Legal Skills Professor Quoted in the article
discussing the standard for competency as being the same regardless of age
in evaluating the competency of a 12 year-old boy who beat his 17 month
old cousin to death with a baseball bat.

Walter Weyrauch
Distinguished Professor; Stephen C.
O'Connell Chair; Associate Director,
Center on Children and Families
* Published "Private Legal
Systems," 3 Encyclopedia of Law &
Society 1182 (2007).
* Published "Gypsies and Travelers,"
2 Encyclopedia of Law & Society
682 (2007).

* Spoke "Making a HASH of Federal
Transportation and Railbanking
Policies," for the Amer. Const. Society,
UF Levin College of Law, Feb. 20.
m Published "Charitable Deductions for
Rail-Trail Conversions: Reconciling the
Partial Interest Rule and the National
Trails System Act" (co-authored with
Scott Bowman) 32 Wm. & Mary Envt'l
L & Poly Rev. 1-57 (2008).




Faculty Retirement

Jerold Israel
Jerold Israel joined the UF
Law faculty in 1993 as an Ed
Rood Eminent Scholar in Trial
Advocacy and Procedure. During
his teaching career, Israel wrote
numerous publications, books, law
review articles and government
commission reports. His most
prominent writings are 10 chapters
(running roughly 3,000 pages) in
the seven-volume LaFave, Israel,
King & Kerr treatise on criminal
procedure, which has been cited in
more than 2,500 appellate opinions,
and a co-authored casebook on
criminal procedure, which has been
the most widely used casebook in
the field for more than 40 years.
While at UF Law, Israel taught
courses in criminal procedure
and white collar crime. Before
joining UF Law, Israel taught at
the University of Michigan for 35
years. He received his bachelor's
degree from Case Western Reserve
University and his law degree from
the Yale Law School, and served
a two-term clerkship with Justice
Potter Stewart of the United States
Supreme Court following his
graduation from Yale.

Michael Gordon
Michael Gordon has taught
at UF Law since 1968. He served
as visiting associate professor,
professor, Chesterfield Smith
Professor, and most recently, the
John H. & Mary Lou Dasburg
Professor while simultaneously
serving as affiliate professor at
UF's Center for Latin American
Studies. While at UF Law, Gordon

taught international business and
trade law, international litigation,
comparative law, corporation law
and law of the North American Free
Trade Agreement. Throughout his
career, Gordon co-authored and
authored multiple books, chapters
and articles on international
business transactions, has been
appointed to the North American
Free Trade Agreement and World
Trade Organization dispute panel
rosters and served as a consultant
for foreign governments and the
departments of State and Justice.
Once retired, Gordon will continue
to write and serve as a legal
consultant and expert witness
on domestic and international
corporate law, international
litigation issues and civil law.
Gordon received numerous
awards throughout his teaching
career. He was elected to
the American Law Institute,
the Academia Mexicana de
Derecho Intemacional Privado y
Comporado, and the Academia
International du Droit Compare.
Gordon earned his law degree
with honors and bachelor's degree
from the University of Connecticut
and master's degree in economics
from Trinity College. Gordon
also received a Diplome du Droit
Compare from Strasburg, France,
and Maestria en Derecho, which
is equivalent of an LL.M., from

Joseph W. Little
Joseph W Little came to
UF Law in 1967 and quickly
moved up through the ranks to

become a full professor in 1971
and Alumni Research Scholar
in 1994. His has been a colorful
career involving innovative and
engaging teaching methods,
election as a Gainesville, Fla. city
commissioner and mayor, and a
lifetime of scholarly achievement.
He is widely published in the
areas of local government law,
state and local taxation, United
States and state constitutional
law, worker's compensation and
employment legislation, torts and
reparation systems reform, property,
administrative law, comparative
constitutional law and history.
Beloved by students, Little
was named the 2007-2008 John
Marshall Bar Association Teacher
of the Year. He has served as a
visiting professor in law schools in
South Africa, China, Australia, New
Zealand and the United Kingdom.
Little earned his bachelor's summa
cum laude from Duke University, a
master's with highest honors from
Worcester Polytechnic Institute, and
his law degree from the University
of Michigan.

Visiting and On leave
A number of our faculty will
be serving for a brief time at
other schools next year. Associate
Professor Michael Siebecker will
visit Washington University in
St. Louis, Mo.; Professor Kenneth
Nunn will go on leave to serve
at Florida A&M University in
Orlando, Fla.; and, Michael
Seigel will visit Stetson
University in Gulfport, Fla.





We are pleased to welcome the following new faculty members

Deborah Cupples
Legal Skills Professor
Deborah Cupples (JD 05) has
joined the faculty as a lecturer
and legal skills professor and
will teach legal drafting. She
previously served UF Law as an
adjunct professor teaching legal
drafting and currently works as
a part-time attorney at F. Parker
Lawrence, P.A. Cupples earned
her bachelor's degree in English
and master's degree in political
science, both from the University
of Florida.

Charlene Luke
Assistant Professor
Charlene Luke has joined the
faculty as an assistant professor
and will teach income, corporate,
and partnership taxation. She
was previously an assistant pro-
fessor at Florida State University
College of Law and visiting fac-
ulty at the University of Utah S.J.
Quinney College of Law. Before
teaching, Luke was an associate
at Dechert in Philadelphia, Penn.
Luke received a bachelor's and
law degree from Brigham Young
University. She graduated from
law school summa cum laude and
was first in her class.

D. Daniel Sokol
Assistant Professor
D. Daniel Sokol has joined the
faculty as an assistant professor
teaching corporations and busi-
ness organizations law. Before
joining UF Law, he was a visit-
ing associate professor at the
University of Missouri School of
Law and a fellow at the Univer-
sity of Wisconsin Law School.

After earning a bachelor's in his-
tory and political science from
Amherst College, he went on to
earn a Master of Studies in mod-
em history from the University
of Oxford. After earning his law
degree from the University of
Chicago, Sokol worked as an as-
sociate at Swidler Berlin Shereff
Friedman in Washington, D.C.,
and Steel Hector & Davis in Mi-
ami, Fla., where he specialized in
antitrust, international trade and
corporate law.

Visiting Professors

Randall Baldwin Clark has
joined the faculty as a visiting
assistant professor teaching
criminal and health care law.
Most recently, Clark served as
a visiting assistant professor
at George Mason University
School of Law. He holds a doc-
torate in political philosophy
from the University of Chi-
cago and law degree from the
University of Virginia. Before
turning to the study of the law,
Clark was a research associate
in the department of govern-
ment at Dartmouth College.
Following one year of service
in the chambers of the Hon.
Edith H. Jones, United States
Court of Appeals for the Fifth
Circuit, he joined the firm of
Goodwin Procter, in Boston,
Mass., where he litigated intel-
lectual property, products liabil-
ity and land use disputes.

Robin Davis has joined the
faculty as a legal skills profes-
sor and associate director of the

Institute for Dispute Resolution.
Davis will teach mediation and
mediation clinic. Since 1994,
she has been the alternative dis-
pute resolution director of the
Eighth Judicial Circuit. In spring
2008, Davis served as an adjunct
professor at UF Law teaching
alternative dispute resolution and
mediation. She received her JD
cum laude from the University
of Florida Levin College of Law
and bachelor's magna cum laude
from Michigan State University.

William Pizzi has joined the
faculty as a visiting professor
teaching criminal law and crimi-
nal procedure this fall. Most
recently, Pizzi served as profes-
sor at the University of Colorado
Law School. He earned his
law degree from Harvard Law
School, master's in philosophy
from the University of Mas-
sachusetts and bachelor's from
Holy Cross College.

Kenneth Williams has joined
the faculty as a visiting profes-
sor teaching criminal law and
criminal procedure this fall.
Most recently, Williams served
as professor at Southwestern
Law School. He has also been
a faculty member at Gonzaga
University School of Law and
Texas Southern University
Thurgood Marshall School of
Law where he also served as
associate dean for academic af-
fairs. Williams earned his law
degree from the University of
Virginia School of Law and
bachelor's from the University
of San Francisco.





Nath Doughtie (JD 66)
"All Rise"
Nath Doughtie (JD 66), a
lawyer and judge serving
the Gainesville community
for more than 30 years,
took his legal experience
and long-time connection
with North Central Florida
to write his first fictional
novel that depicts the inner
politics of the local judicial
system. The plot of the book
revolves around Judge Alva
Cason, "AC," whose attempt
to avoid daily courtroom
drama is obstructed when a
routine case sparks romance
and rumors that threaten his
professional reputation. The
setting for All Rise is the Eight
Judicial Circuit of Florida, the
circuit where Doughtie served
as chief judge.

Michael Cavendish (JD 98)
"Orange Blossom
Orange Blossom
Jurisprudence, written by
Michael Cavendish (JD 98)
and released late 2007, is an
insightful outline into the
philosophies of the Florida
legal system and explores the
unseen aspects of the system.
The book is a collection of

five essays with the first
discussing the roots of Florida
common law, followed by
an explanation of the role
and function of the Florida
district court. The remaining
essays offer examples of the
creation of two divergent
portions of Florida common
law with the final describing a
Florida Supreme Court opinion
from the Civil War era that
addressed slavery. This book
describes the true richness of
Florida law but also reflects
the need for more attention and
study of its complexities.

Michael Cavendish (JD 98)
"Coeur du Feu/ Fireheart"
Most lawyers end with the
model codes when they
discuss legal ethics. Michael
Cavendish's (JD 98) Coeur du
Feu /Fireheart presupposes
that a lawyer's ethics begin at
great personal depth human
virtue. The book's 10 essays
explore in experiential terms
whether virtues like humility,
mercy, civility, and wisdom
bought with loss are in fact the
natural core of the lawyer's
role. Inspired by the American
Inns of Court movement, and
released in 2008 to a warm
international reception, Coeur

du Feu /Fireheart aims for
a rediscovered ideal of legal
ethics, expressed in gentle prose.

James Grippando (JD 82)
"Last Call"
James Grippando (JD 82),
New York Times Best Seller
of When Darkness Falls, has
released the seventh novel in
his popular book series titled,
Last Call. This book features
a Miami criminal defense
lawyer, Jack Swyteck, and
his outrageous sidekick, Theo
Knight, who was on death row
for a murder he didn't commit.
After proving his innocence,
Theo turns to Jack again for
help later in life. The story
follows Jack and Theo as
they piece together a 20-year-
old conspiracy of greed and
corruption pointing to the very
top of Miami's elite, while
revisiting a past that Theo has
tried hard to forget. This is a
brilliant and bullet-fast thriller,
complete with revelations that
no reader will ever forget.

Ralphy C. Losey (JD 79)
"e-Discovery: Current
Trends and Cases"
Interested in technology and
the law? The ABA released
e-Discovery: Current Trends and


Cases (2008) is the first book to
introduce this high-tech field to
all readers, not just lawyers. In
seven chapters and 58 separate
articles, Ralph C. Losey (JD
79) introduces the exciting new
field of electronic discovery,
explains the latest trends and
cases in an interesting and easy-
to-read manner, and outlines
the new interdisciplinary team
approach to solving the unique
problems of e-discovery -
where the talents of law, IT and
management are combined.

Frank Read
(Dean Emeritus)
"The Lawyer Myth"
Co-authored by UF's
former dean from 1981-
1988, The Lawyer Myth is a
passionate refutation of many
misconceptions that exist about
lawyers and the legal system.
Frank T. Read and Rennard
Strickland affirm the role of
lawyers as problem solvers
in our society and pose the
question of, "Where would our
society be without lawyers?"
This book looks behind current
anti-lawyer media images to
explore the historical role of
lawyers as a balancing force in
time of social, economic and
political change.

Steve Rajtar (JD 76, LLMT
77) "A Guide to Historic
Steve Rajtar, (JD 76 & LLMT
77), has written on several
subjects, most of which relate
to history. Three of Rajtar's
recent historical guides
chronicle the growth and birth
of Florida cities, including
Gainesville, Orlando & Tampa.
Rajtar chronicles Gainesville's
history since its humble
beginnings in the 1850s up
to what has made the "Gator
Nation" a unique place to live,
visit and learn. Along with
The United States as Depicted
on Its Postage Stamps and A
Guide to Historic Lakeland,
both published in 2007, Rajtar
also has published 12 other

Berta Esperanza Hernandez-
Truyol and Stephen J. Powell
"Just Trade: A New
Covenant Linking Trade and
Human Rights"
As globalization explodes into
ever more intrusive corners
of our lives, the consequences
of leaving undisturbed the
profound disconnect between
human rights law and
international trade law daily
grow more tragic. Just Trade

proposes that the inevitable
intersection of these two
dominant human policies
be purposeful, conspicuous,
proactive, and ingenious,
rather than simply more of the
ad hoc melange of superficial
duct-tape "solutions" the
world's poor, disenfranchised,
and otherwise marginalized
majority have had so far to
endure. Just Trade examines
trade's effect on human rights
policies involving child labor,
sustainable development,
health, equality of women,
human trafficking, indigenous
peoples, poverty, citizenship,
and economic sanctions.
Hernhndez-Truyol and
Powell put forward a
pragmatic yet holistic
approach in which the
interests of human rights
are not sacrificed to trade
nor are the benefits of trade
myopically condemned.
Instead it seeks to provide
a guiding principle that
identifies specific paths
governments can follow
to exploit trade's enormous
power for the advancement
of human rights. Published
by New York University
Press, Just Trade will be
on book stands in October.


Share Your
Book News

Send your submission
to Fla@law.ufl.edu
or mail to:
UF Law Magazine,
Levin College of Law,
University of Florida,
PO. Box 117633,
Gainesville, FL 32611.

P_~ c


The Center For
Career Services
HelpsYou Hire

Summer Associates
Lateral Attorneys
Tax Attorneys
Project Based Assistants
Entry level Attorneys
Part-time Law Clerks
> Post Jobs
Our no cost listing
service allows employers
to post openings in our
onlinejob bank for our
1,300 law students and
17,000 alumni.
All law students and
alums have the ability to
access our onlinejob bank
anytime from anywhere.

> Collect Resumes
We can collect resumes
from applicants for
advertised positions and
forward them to you in
a single, efficient packet
for your review. Wish to
interview your candidates
on campus? We can
arrange interviews at the
law school.

> Arrange Video
Conference Interviews
Conduct your interviews
from across the country
remotely via webcam.
UF Law is a Law School
Connect (LSC) partner.

> Coordinate Fall &
Spring On-Campus
Allows you to 100 percent
pre-screen applicants.
Interview in comfortable
facilities saving you effort,
time and expense.

> Provide Employment
And Salary Statistics
Available by city for both
summer associate and
entry-level positions.

Career Services
Recruitment and
Outreach Programs

The Center for Career Ser-
vices encourages your
recruiting department to
contact us to schedule a date
for an on-campus visit. CCS
can also help your firm recruit
top law clerks, entry-level as-
sociates or laterals through no-
cost job postings and resume
collections. For more informa-
tion on recruiting UF Law stu-
dents, visit www.law.ufl.edu/
There are also many out-
reach options for law firms.
Consider hosting a networking
reception at your firm, mentor-
ing a law student, or speaking
to our students about practice
areas, day-in-the-life of an as-
sociate, or how to be better
prepared for practice. Firms
can also participate in the 1L
Shadow Program. The shadow
program allows your firm
or organization to "host" a
first-year student over the
summer ranging from one
day to multiple days -
depending on your schedule
and needs. During their time
with your office, the student
can shadow an attorney and
perform work as needed.
The goal of the program is
to expose students to the
day-to-day work of a law of-
fice while introducing you to
some of your future UF Law
colleagues. To participate in
any of these rewarding activi-
ties, please contact careers@

UF Law Students and
Alumni Selected for
Prestigious Federal
Judicial Clerkship
ast fall, seven UF Law
students and two recent
alumni were selected
through a highly competitive
process for prestigious Federal
Judicial Clerkships to begin
during summer and fall 2008.
Those selected included (pic-
tured below standing from left)
Michael Hoii, a May 2008
graduate who will clerk in the
U.S. Court of Appeals for the
Eleventh Circuit for Judge
Charles R. Wilson in Tampa;
Scott Kennelly, a May 2008
graduate who will clerk in the
U.S. Court of Appeals for the
Eleventh Circuit for Judge
Susan Black in Jacksonville;
Ryan Maxey, a May 2008
graduate who will clerk in
the U.S. District Court for the
Middle District of Florida for
Magistrate Judge Elizabeth A.
Jenkins in Tampa; John Paglio,
a December 2007 graduate who

will clerk in the U.S. District
Court for the Middle District
of Florida for Magistrate Judge
Howard T. Snyder in Jackson-
ville; (John) Cole Oliver, a
December 2007 graduate who
will clerk in the U.S. District
Court for the Middle District of
Florida for Judge John Antoon
II in Orlando; and (pictured
sitting) Laura Lothman, a De-
cember 2007 graduate who will
clerk in the U.S. District Court
for the Middle District of Flor-
ida for Senior Judge Harvey E.
Schlesinger in Jacksonville. Not
pictured: Simon Rodell, a May
2008 graduate who will clerk in
the U.S. District Court for the
Middle District of Florida for
Judge Steven D. Merryday in
Tampa; Robert Caplen, a De-
cember 2005 graduate who will
clerk in the U.S. Court of Fed-
eral Claims for Judge Margaret
Sweeney in Washington, D.C.;
and Amanda Reid Payne, a
December 2004 graduate who
will clerk in the U.S. Court of
Appeals for the Eleventh Cir-
cuit for Judge Susan Black in

Visit us online: www.law.ufl.edu/career




SR1" ,. Since 1991, California,
f Nevada and Rhode Island
'have had their Son of Sam
Slaws overturned by courts on
SFirst Amendment grounds.

State 'Son of Sam' Laws May Be Unconstitutional

Research by a University of Florida graduate
student finds most state statutes designed
to prevent criminals from profiting from
telling the story of their crimes are ineffective and
Christina Locke, who graduated this spring from
a combined program resulting in a Master of Mass
Communication and a law degree, wrote her master's
thesis on her research of the so-called "Son of Sam"
laws in each state that has one.
These laws most often apply when a convicted
criminal writes a book or collaborates on a movie
project, Locke said. They are designed to seize the
criminal's profits and give the money to the victims or
the victims' families.
According to her thesis, 28 states have laws on
the books modeled after the original 1977 New York
law created to prevent the serial killer known as the
Son of Sam from receiving any profits from the book
"Confessions of Son of Sam."
The problem, Locke said, is that the original New
York statute was unanimously ruled a violation of the
First Amendment by the U.S. Supreme Court and struck
down in 1991. Since then, most of the derivative laws
in other states have not been revised at all, leaving them
critically vulnerable to constitutional challenges.
Because these laws restrict speech specifically based
on its content, they are subject to the strictest judicial
scrutiny. The Supreme Court said the New York law
was dangerously overbroad and that if such restrictions
had been in place in the past, they would have prevented
the publication of important works such as Malcolm X's
autobiography and Thoreau's "Civil Disobedience."
Since 1991, California, Nevada and Rhode Island
have had their Son of Sam laws overturned by courts on
First Amendment grounds.

The solution is to use general forfeiture laws to
claim assets and profits that would normally go to
convicted criminals, Locke said.
General asset forfeiture laws allow the state to seize
assets that are the proceeds or instruments of crime.
These laws are frequently used in drug trafficking
cases and are not specifically geared toward preventing
criminals from any kind of speech. Consequently, they
are not subject to the same strict constitutional scrutiny
as Son of Sam laws, but their effect can be the same as
long as the seized funds are used to compensate victims,
Locke said.
"Politically, maybe general forfeiture laws aren't as
effective," Locke said, buN Ill'c work, which I think is
more important."
Florida used general forfeiture statutes in 1994
to seize proceeds from Gainesville serial killer
Danny Rolling's macabre artwork and a book co-
written with his then-girlfriend Sondra London,
"The Making of a Serial Killer." The state split the
$16,000 it took among the five families of the killer's
victims, Locke said.
The decision to simply use the general forfeiture
statute in Rolling's case, the exact situation for which
Son of Sam laws were created, probably indicates that
prosecutors did not have faith in the constitutional
viability of Florida's "Son of Sam" law, Locke said.
The most important conclusion reached by her
research, Locke said, is that state legislatures must not
wait until a court overturns their "Son of Sam" laws to
recognize the need to make revisions or change their
"These laws are so rarely used, but when they are,
they are really important," Locke said. "Why wait until
a high-stakes case comes along and it's too late?"
Jay Goodwin


Recent UFLaw/Grad Student


Levin College of Law
P.O. Box 117633
Gainesville, FL 32611-7633


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