MIAMILAW FALL 2014
UNIVERSITY OF MIAMI SCHOOL OF LAW
innovation MIAMI LAW LEADS THE WAY TO TOMORROW
STEPHANIE COX Assistant Dean for External Affairs LAUREN BEILEY
2. NEWS BRIEFS What’s happening on and around Miami
Director of Online
Hilarie Bass Bricks.
ELIZABETH ESTEFAN Senior Graphic Designer and Project Manager PATRICIA MOYA Senior Graphic
8. STUDENTS We shine a spotlight on some of Miami Law’s most remarkable students.
Designer and Magazine Designer CATHARINE SKIPP Director of Media Relations and Public Affairs MICHELLE VALENCIA
15. SMART TAKES Miami Law’s Professor Andres Sawicki explores the impact of intellectual property
law on creativity in the arts.
Director of Publications Contributing Editor
Read about Miami Law’s
Photographers JENNY ABREAU
innovative faculty and their scholarship.
JOSHUA PREZANT CATHARINE SKIPP
26. COVER STORY
Innovating into the future— Miami Law Magazine is published by the University of Miami School of Law. Copyright © 2014 University of Miami School of Law. Address correspondence to Miami Law Magazine University of Miami School of Law 1311 Miller Drive Coral Gables, Florida 33146
Miami Law doesn’t just keep pace. It sets it.
34. Alumni Miami Law’s alumni do justice to their school
and community in innovative ways.
46. Momentum2 Thanks to their generosity, alumni and friends make a difference at Miami Law.
PROFESSOR KUNAL PARKER
News Briefs Professor Parker Named National Humanities Center Fellow
PROFESSOR ANTHONY ALFIERI WITH PASTOR CLAYTON HODGE, GREATER ST. PAUL A.M.E. CHURCH
MI A MI LAW maga zi ne | FA LL 201 4
rofessor Kunal Parker, whose teaching areas and research interests include American legal history, estates and trusts, immigration and nationality law, and property, was awarded a prestigious fellowship from the National Humanities Center. He will be in residence in North Carolina at the Center during the 2014-2015 academic year, completing his book on the history of U.S. immigration and
citizenship law from the colonial period to the end of the twentieth century. “The book joins the disparate histories of immigrants, Native Americans, blacks, women, the poor, Latino Americans, and Asian Americans with a view to rethinking the conventional historiography of U.S. citizenship and immigration,” said Parker. “During the year, I will also begin a new book on the intellectual history of conservatism.” The National Humanities Center is a privately incorporated independent institute for advanced study in the humanities. Since 1978 the Center has awarded fellowships to more than 1,300 scholars in the humanities, whose work at the Center has resulted in the publication of more than 1,500 books in all fields of humanistic study. Each Fellow works on an individual research project and has the opportunity to share ideas in seminars, lectures, and conferences at the Center. Parker, a Dean’s Distinguished Scholar at Miami Law, holds an M.A. and Ph.D. in History from Princeton University, and a J.D. and B.A. from Harvard University.
Law Students Caring for the Community
he Center for Ethics and Public Service’s Environmental Justice Program engaged passionately with the residents of the West Grove to block the relocation of a Coral Gables Trolley maintenance garage to a historic and predominantly Afro-Caribbean-American residential neighborhood. In the course of research, students from the Center made a second more unsettling discovery—an incinerator
located a few blocks away had dispersed toxic chemicals in parks throughout Miami. “The Environmental Justice Project fellows and interns have conducted tremendous fact-investigation,” said CEPS Director and Founder and Director of the Historic Black Church Program, Professor Anthony V. Alfieri. “Students have learned aspects and applications of environmental, administrative, and civil rights law, and presented their research to the community at risk.” The Center continues to work with the Coconut Grove Ministerial Alliance of Black Churches and others in a legal campaign to oppose the trolley garage and to investigate the public health impact of the trash incinerator.
JOSEPH MATTHEWS, COACH ANDREW RICCIO, BENJAMIN KEIME, AND ABIRAMI ANANTHASINGAM
PROFESSOR CHARLTON COPELAND
rom Las Vegas to Frankfurt, Miami Law’s moot court teams experienced a record winning streak in competitions all over the world. Students took home the top spot in five prestigious competitions: the Frankfurt Investment Arbitration Moot Court competition, the second time a Miami Law team won; the American Bar Association National Appellate Advocacy Regional Competition; the Evan A. Evans Constitutional Law Moot Court Competition; the Irving R. Kaufman Memorial Securities Law Moot Court Competition; and the John J. Gibbons Criminal Procedure Moot Court Competition. Miami Law students also finished in the top 4 percent at the National Appellate Advocacy Championship held in Chicago and advanced to the semifinals of Tulane Law School’s Annual National Baseball Arbitration Competition. As a result of these successes, the Charles C. Papy, Jr. Moot Court Board finished as the ninth best moot court team in the country the past academic year. Miami Law’s team has received an invitation to the prestigious Andrews Kurth Moot Court National Championship in Houston, which pits the top 16 teams in the nation against one another to crown the moot court national champion. “We are absolutely thrilled with the success we had this year,” said David T. Coulter, president of the Charles C. Papy, Jr. Moot Court Board. “It was certainly one of our best years in recent memory. Without a doubt, our success was the result of the tireless effort of our members, outgoing executive board, advisers, and alumni. ”
rofessor Charlton Copeland has received a Dukeminier Award and the Michael Cunningham Prize for his article, “Creation Stories: Stanley Hauerwas, Same-sex Marriage, and Narrative in Law and Theology,” published by the Duke University School of Law’s Law and Contemporary Problems at the end of 2012. The Williams Institute at UCLA School of Law presents the Dukeminier Awards each year to acknowledge the best law review articles published on sexual orientation and gender identity law issues. The winning articles are reprinted in The Dukeminier Awards Journal which celebrates scholarly excellence in the field of sexual orientation.
NE WS B RI EFS
Moot Court Teams Experience Winning Streak
Professor Copeland Receives Dukeminier Award
News JENNA FELDMAN, PROFESSOR JONEL NEWMAN, ARIEL GONZALEZ, REBECCA GREENFIELD, MELISSA SWAIN, KANCHI DOSHI AND NICOLE VELAZQUEZ
Health Rights Clinic Students Help Save the Life of Undocumented Farmworker
MI A MI LAW maga zi ne | FA LL 201 4
tudents from Miami Law’s Health Rights Clinic advocated on behalf of Ariel Gonzalez, a 35-year-old undocumented farmworker who was suffering from acute kidney failure and didn’t have medical insurance or a primary care physician, and helped save his life. His condition left him listless, weak, and unable to go back to picking oranges. He was stymied by trying to navigate a health care system entirely conveyed, both in writing and speech, in English, a language he doesn’t understand, read, or speak. As Gonzalez endured six weeks of 90-minute round trips to a medical center, Miami Law students were frantically pushing to get him approved into a clinical dialysis regime. What Gonzalez didn’t know—and neither did the patient navigator contracted by the medical center—was that he qualified for federally funded emergency Medicaid. Third-year law students Kanchi Doshi, Jenna Feldman, Rebecca Greenfield, and Nicole-Suzette Velazquez quickly
Leah Weston, J.D.’14, Stands Up for Trayvon Martin Civil Rights Act
hen George Zimmerman was acquitted of second-degree murder in the fatal shooting of Trayvon Martin, the Dream Defenders—a multiracial youth organization—immediately went into action. The
began writing letters demanding that the hospital and other agencies follow state law and apply for emergency Medicaid to provide dialysis for Gonzalez three times a week. That process would take 20 days of round-the-clock support by the students, paralegal Vanessa Alpizar, clinic administrative assistant Albert Arguello, and the clinic’s two supervising attorneys, JoNel Newman and Melissa Swain. “If you think about the number of person hours just our clinic expended on this one case, you can easily realize that hundreds of farmworkers in Florida alone are dying because of lack of access to care,” said Swain. “We need to figure out how others can get access without this kind of intervention. Lots of hospitals and clinics and agencies are not talking to one another. We know there is a problem. As law professors, we are training our students to answer the question: How can we make this system work?”
organization was formed shortly after Martin, a 17-year-old high school student, was shot and killed by Zimmerman in Sanford, Florida in February 2012. The Dream Defenders, who have formed chapters around the state, spent a month in a “sleep-in” in the state capitol, right outside Governor Rick Scott’s office, demanding that he call a special legislative session to consider a series of policy proposals called the Trayvon Martin Civil Rights Act. In the middle of the hundreds who participated in these sit-ins was Miami Law’s Leah Weston, a 3L at the time.
PROFESSOR STEPHEN SCHNABLY, BENJAMIN WAXMAN, J.D. ’83, AND RANDALL BERG, HEAD OF THE FLORIDA JUSTICE INSTITUTE.
ACLU Honors Professor Schnably
embers of the Greater Miami legal community joined the local ACLU chapter to honor the Pottinger Team, including Miami Law Professor Stephen J. Schnably, who was co-counsel for the ACLU along with Benjamin Waxman, J.D. ’83, in Pottinger v. City of Miami. The resulting historic Pottinger Agreement, in place since 1998, protects the right of homeless individuals to not be arrested simply for being homeless. The Pottinger team successfully defended the agreement against a recent effort by the City of Miami to eliminate its core protections for most homeless people. “I’m honored to receive the award,” said Schnably, “but more important has been the privilege to work with such a dedicated and outstanding team. The Pottinger decree won’t solve the problem of homelessness but it does ensure that individuals experiencing homelessness are treated with the dignity and respect due everyone.” Schnably teaches property, constitutional law, international human rights law, and comparative constitutional law.
PROFESSOR RICARDO J. BASCUAS
University of Miami Names Professor Bascuas 2014 Outstanding Teacher
he University of Miami Faculty Senate selected Professor Ricardo J. Bascuas as the recipient of its 2014 Outstanding Teaching Award. The Faculty Senate established the award in 2002 to recognize a distinguished record of teaching by University of Miami faculty members. Bascuas teaches in the areas of evidence, criminal procedure, and international criminal law. He founded and directs Miami Law’s Federal Appellate Clinic, which represents indigent defendants before the United States Court of Appeals for the Eleventh Circuit. LEAH WESTON WITH DREAM DEFENDERS PHILLIP AGNEW
NE WS B RI EFS
Weston called what took place in Tallahassee nothing short of inspiring. “Each day was carefully planned by a committee of organizers, who set up their base in the offices of the Democratic Party. Many high-profile people came to join the campaign in the Governor’s office, including musician and activist Harry Belafonte, rapper Talib Kweli, and civil rights leader and former NAACP chair Julian Bond.” Weston intends to pursue a public interest career, providing civil legal assistance to low-income communities. “I am committed to doing this kind of work because I believe that true social change comes through grassroots community movements, of which lawyers are only a small part.”
News 3L Creates Jury Selection App
Redavid, J.D.’13, from Port Jefferson, NY, spent his 2L summer at Jordan the Miami-Dade Public Defender’s Office completing his HOPE Fellowship.
PROFESSOR OSAMUDIA JAMES
During his time there, he had the opportunity to observe several criminal jury trials. He couldn’t help but notice that the State and Defense attorneys used the same cumbersome method to track jurors through the voir dire process— the process by which attorneys select or reject certain jurors to hear a case. “Each attorney creates a hand-made grid on a manila folder, the squares of which reflect the specific seats in the courtroom,” said Redavid. “Needless to say, aside from being tedious, the entire process seemed unnecessarily laborious and outdated, so I endeavored to come up with a solution.” Despite never having developed an app, he started reading dozens of articles and blog posts to discover the best way to connect with an app developer, as he lacked programming and coding skills. He wanted an app for Apple’s iPad that would easily streamline and organize the process. It would save time, money, and make jury selection easier for trial attorneys. After a month of building dozens of drafts and versions, and another month working with Apple to work out bugs and prepare for release, Apple notified Redavid that his app “Jury Selection” had been approved and released to the public for download via the iTunes Store.
Professor James Wins 2014 Derrick A. Bell, Jr. Award
MI A MI LAW maga zi ne | FA LL 201 4
rofessor Osamudia James was named a co-recipient of the 2014 Derrick A. Bell, Jr. Award. Awarded annually by the Association of American Law Schools Minority Groups Section, the Derrick A. Bell, Jr. Award recognizes a junior faculty member who, through activism, mentoring, colleagueship, teaching, and scholarship, has made an extraordinary contribution to legal education, the legal system, or social justice. James writes and teaches in the areas of education law, race and the law, administrative law, and torts. Some of her more recent work includes “White Like Me: The Diversity Rationale’s Negative Impact on White Identity Formation,” which will be published in the NewYork University Law Review and “Opt-Out Education: School Choice as Racial Subordination,” to be published in the Iowa Law Review. “Professor James is an extraordinarily talented person of great integrity and moral courage,” said Miami Law Dean Patricia D. White. “She is a fitting person to be recognized by an award named after Derrick Bell.”
Immigration Clinic Students Halt Deportation of Torture Victim
tudents from the Investor Rights Clinic obtained an award of $13,750 for client Carol Barnes, an 82-year-old woman who lost a significant amount of her modest retirement savings through excessive churning by her broker. When Barnes transferred her accounts with Steven Hollingsworth to Raymond James Financial, she lost more than 15 percent of her account value over a period of about 18 months from 2010 to 2012. The clinic alleged that her losses were attributable to improper fees charged to her account as a result of her broker recommending an excessive amount of trading in her account. “We are delighted that the Clinic's first case to go through the entire arbitration process resulted in a victory for our client,” said Teresa Verges, Director of the Investor Rights Clinic. “This great result is due to the dedication and hard work of the students who worked on Mrs. Barnes's case, demonstrating through sophisticated account analysis high levels of ‘churning’ and persuasively making their factual and legal case in Mrs. Barnes's statement of claim and other well-written submissions."
hird-year Miami Law students and Immigration Clinic interns Adam Hoock and Dana Turjman successfully prevented the deportation of a businessman who was tortured in Mexico by government authorities. The executive of a currency exchange company explained to the court how he was the victim of waterboarding, electric shocks, and injection of a toxic substance during an investigation of suspected money laundering activities. The evidence included live testimony, a medical evaluation, media reports, and a Mexican court document in which one of the torturers was identified. After more than eight months in detention, the Clinic’s client was released on Christmas Eve. “When we were first assigned the case, Adam and I were shocked by what had happened to our client and overwhelmed by the prospect of handling his case,” said Turjman. “Our client finally got his day in court and we are thrilled by the result.”
Sarah Klein Takes the Gold at M.I.T. Entrepreneur’s Bootcamp
arah Klein and her team took first place at the inaugural MITx Global Entrepreneurship Bootcamp Competition with Klein’s original pitch “UpLook, A Startup Concept to Turn Fashion Blogs into Retail Outlets.” As a Miami Law Student Development Director, Klein is always thinking forward. “Given the challenging job market, there is a great opportunity for legal innovators,” she said. “Turbulence creates great opportunities for success. I want to encourage law students to adopt a more entrepreneurial approach to their work—to drive innovation, change lives, create jobs, and fuel growth. My experience at MIT has reinvigorated me to share this message with my students.” Nearly 600 students were considered for the bootcamp, 220 candidates were interviewed and, in the end, only 47 were selected to travel to Cambridge, Massachusetts to participate in a one-week bootcamp and competition. Klein is one of three Student Development Directors at Miami Law and provides law students with one-on-one support through advice, in-depth advising, and guidance.
NE WS B RI EFS
Investor Rights Clinic Wins Victory
ADAM HOOCK, THEIR CLIENT, AND DANA TURJMAN
BIANCA OLIVADOTI, JAMES GALVIN, ERIC MALLOFF, AND LAUREN GONZALEZ
Steered 3L Lia Calabro’s Life Course LIA CALABRO WITH SENATOR PATRICK LEAHY
MI A MI LAW maga zi ne | FA LL 201 4
By Catharine Skipp
ia Calabro was a typical teenager in the 1990s in Fair Haven, New Jersey. Theirs was a military family who eventually settled in the small waterfront community on the Navesink River. Settling down also meant Lia, and her brother, Jack, could get the dog they’d always
wanted: Sammy, a Portuguese Water Dog. The band Radiohead was popular and Calabro, like thousands of others, downloaded some songs on MP3 files. She maybe downloaded a hundred songs over a period of months, even some music for her parents. When she was fifteen, she, and hundreds of others, were defendants in a suit brought by the music industry against users of the file-sharing platform Kazaa. A settlement was reached and all the money Calabro had saved from years of babysitting and lifeguarding would go toward the payment. “I was mad,” Calabro said, “And I’m still mad.” It would be an auspicious introduction to the world of intellectual property law. Calabro would go on to Syracuse University, where she would dress
as her favorite cartoon character, Patti Mayonnaise, for Halloween, and graduate with degrees in journalism from the S.I. Newhouse School of Public Communications—one of the top journalism schools in the country—and in international relations. Her dream had always been to become a journalist. “My mom always had Time and Newsweek lying around—never Vogue, or any of those—and, being a military family, we were history buffs,” Calabro said. “I used to read those magazines and think that I wanted to be a war correspondent and travel to different countries and experience the world. I went to Syracuse for journalism and specialized in Intercultural Communications and Middle Eastern Studies in my International Relations major.” She applied for an internship at Time, Inc. and ended up at Sports Illustrated. “I looked at the top person and just thought to myself, ‘nobody’s getting a job. I’m just taking articles from the Associated Press and rewriting them. I’m not searching for anything, I’m not learning anything, and nobody is going to send me anywhere, even if I do the very best job that I could possibly do.’ The landscape was changing so much. I went back to Syracuse for my senior year and kind of freaked out.”
immigration law. Miami won—where better to study than one of the hubs for legal and illegal immigration? “I did the Immigration Clinic after my 1L year and have worked on immigration reform at the Senate. That was an unbelievable experience. “But I came to Miami to have a different experience, meet new people, see a different part of the country, learn new things,” she said. “I don’t want to be stuck in the Northeast forever. I just wanted to spread my wings a little more.” Calabro has mostly studied intellectual property at Miami Law. She went to work for Ultra Music, the electronic dance music label that has created electronic music festivals and conferences around the world. “I worked on different tech issues there, it was a rare and intriguing opportunity.” As a rising 3L, she interned in Washington, D.C. and clerked for Senator Patrick J. Leahy (D-VT), Chairman of the Senate Judiciary Committee. “I worked on an amazing range of issues, but the bread and butter of what we did for the committee was judicial nominations. So you always had that going on, but the judiciary has very broad jurisdiction—over immigration, over intellectual property—and that is why I really wanted to work for Senator Leahy. We worked on sentencing
reform, whistle blower protections, Privacy Act and NSA stuff, and, I got to have my hands in a bunch of really interesting, provocative issues that haven’t been answered yet,” Calabro said. “It was really the coolest job I’ve ever had.” Calabro was given an American flag that had flown over the Capitol. Her family is filled with service members. Her father served as a doctor in the Army, her mother as a nurse during the Gulf War, her grandfather served in Vietnam, and a great uncle died at the Battle of the Bulge. “Working in the Senate made me feel like I was doing something to give back to my country, as my entire family has done,” she said. “Everyone has served in one way or another. I don’t know if I’ll pursue the Judge Advocate General’s Corps or what, but I’ll serve in some capacity. So, we will see how it goes. We’ll see.”
IN N OVA TIV E ST UDE N TS
At Newhouse, she was required to take a communications law class her senior year. They read and studied the Kazaa case and there came the eureka moment. “I thought to myself, ‘that’s it! I’m going to law school,’” Calabro said. “It was my last semester in school so I hadn’t taken the LSAT yet, as I hadn’t planned to go to law school. So I had a weird gap year in Chicago.” Her next move would be to the south and Miami Law, bringing with her the memory of her Kazaa litigation. “It wasn’t that I was just being rebellious and doing it; every single person in my high school did it and I just happened to be the one to draw the short straw. When I got served by Sony and the Record Industry Association of America, I was a minor. My parents looked at it and said, ‘Oh, hell no! We don’t care, we are not fighting it. This is gone as soon as possible.’ So there was no court, it was just settled,” she said. “In my communications law class in college I wondered how could it be that the Constitution should promote the progress of science in the useful arts but at the same time punish those people that are using the new technologies that are promoting the progress of science?” Growing up in a beach town heavily influenced her choice between New York and Miami for law school, but she also had a fascination with
2L Noel Pace takes
NOEL PACE WITH CLIENT HOSEA SMITH
to Solving Veteran’s Health Problems
By Emily Horowitz and Catharine Skipp
MI A MI LAW maga zi ne | FA LL 201 4
oel Christian Pace was born to serve, and lead. When University of Miami President Donna Shalala hosted his promotion ceremony to full Colonel in the U.S. Army Reserve on Veteran’s Day 2013, he was following a long and distinguished family legacy. Pace’s father and four uncles served in the military, with one uncle earning a Purple Heart in World War II when his ship was torpedoed by a German U-Boat. Another uncle earned the Silver Star in the Korean War, hitting the beach at Inchon, and surviving the frozen Chosin Reservoir. The 6’3” paratrooper and Army Medical Department Special Operations officer, who has served in Korea, Colombia, Chile, and Honduras, has his own storied past.
At the age of four, he began playing the violin, and would later become an all-state first violin in his high school symphony orchestra. He would also earn multiple varsity letters in swimming and play water polo in the New York Empire State Games. As a middle-school student, Pace performed well on standardized tests and was selected for his school’s creative problem solving gifted program, although, it was noted, he needed to improve his library reference skills. His mother, Geraldine, a middle school family and consumer science teacher, suggested that the 12-year-old volunteer at the local library. During brief breaks from reshelving books, the Fayetteville, New York native (U.S. President Grover Cleveland also spent his youth in
Fayetteville) took an interest in reading the biographies of successful business leaders, scientists, and politicians. “I was so inspired by the character Atticus Finch in To Kill a Mockingbird, and Ernest Hemingway, who served as an ambulance driver in World War I. The stories were fascinating,” Pace said. “I loved reading about General ‘Black Jack’ Pershing, who, as a white officer, served with the all-black 10th Cavalry Regiment [Buffalo Soldiers] and earned his law degree while serving as a Reserve Officers’ Training Corps instructor at the University of Nebraska; and President Teddy Roosevelt, an environmental conservationist and former Colonel with the Rough Riders who helped liberate Cuba; and President Eisenhower, former Supreme Allied Commander in
Europe, whose efforts helped end the Holocaust. I came to realize that a common and laudable theme among these giants was military service and being of use to others.” A favorite childhood television show—Emergency!—and an awardwinning science fair project he completed on ultrasonics would also play their part in Pace’s future. Decades later, he would coordinate medical treatment and evacuation during the invasion of Iraq (earning the Bronze Star and Combat Medical Badge), and later serve on a team from the U.S. Army Trauma Training Center at the University of Miami/ Jackson Memorial Hospital’s Ryder Trauma Center that helped bring ultrasound diagnostic capability to Army Forward Surgical Teams deploying to Iraq and Afghanistan. But before that, Pace would attend Tulane University on an Army ROTC scholarship and become a Distinguished Military Graduate. After earning his Master’s Degree in Health Administration from Baylor University and another in Business Administration from the University of Denver, the board-certified healthcare executive and Fellow in the American College of Healthcare Executives had already served in a number of both civilian and military healthcare leadership and management positions. Now, the 21-year Army veteran is in his final year as a Miami Law student studying Health Law, and is concurrently completing his Master’s Degree in Strategic Studies from the U.S. Army War College at Carlisle Barracks, Pennsylvania. Officers, like Pace, are hand-picked by the U.S. Army to attend the War College in
order to study the application of the diplomatic, informational, military, and economic instruments of power to achieve U.S. national objectives. Two of his heroes—Pershing and Eisenhower—are graduates of the U.S. Army War College. Another science fair project Pace completed as a youth regarding polychlorinated biphenyl (PCB) contamination of Limestone Creek in his hometown, may have helped him later in representing Army veteran Hosea Smith, who was told by Veterans Administration (VA) officials that his leukemia was not related to his military service as a printing press operator/repairman and typewriter washer from 1978 to 1981. “When I realized the types of chemicals my client was likely to have been exposed to and the potential effect on his health, I felt I was gaining a foothold.” Pace discovered that The National Institutes of Health reported that chronic or prolonged exposure to benzene, used extensively in printing press operations, has been linked to bone marrow degeneration and leukemia. “We received a fully-favorable ruling on the Social Security Disability claim we submitted and are currently challenging the VA’s determination that his leukemia did not result from his service.” Pace has been named to the Dean’s List every semester since Spring 2013 and earned the Dean’s Certificate of Achievement Award in the Health Rights Clinic. He received a scholarship to attend the American Bar Association Health Law Section’s Emerging Medical Issues in Healthcare Law Conference and was appointed
as law student liaison to the ABA’s Public Health & Policy Interest Group. His law review article regarding the 1980 Bayh-Dole Act’s impact on brain-injured veterans was published in the University of Miami’s National Security and Armed Conflict Law Review, Volume IV, and an update on the Affordable Care Act he co-authored will be included in the year in review section of the 2015 Health Law and Compliance Update published by Wolters Kluwer. He also attended President Donna Shalala’s “Business of Healthcare Post-Election” conference as a Vitas Scholar. As President of the Health Law Association, Pace organized a panel called “The Business of Health Law,” that featured health law partners from McDermott, Will & Emery, earning him an invitation to their healthcare private equity conference. He also served as a summer associate in the Health Law department of Kozyak, Tropin, and Throckmorton. Pace is serving as an Equal Justice Works/AmeriCorps JD Veterans’ Rights Fellow and Research Assistant for Professor JoNel Newman. In response to the need for more veterans’ rights advocacy and in an effort to get more law students involved, he is starting a law school chapter of the University of Miami’s Veteran Students Organization. “While Noel’s impressive military and health care industry background have been invaluable assets for the Health Rights Clinic, his unfailing effectiveness as an advocate for clients is a direct result of his incredibly hard work and his dedication to each individual client, no matter the circumstances, and it is a real pleasure to work with Noel,” said Newman.
IN N OVA TIV E ST UDE N TS
1L Sam Winikoff: A Long and
MI A MI LAW maga zi ne | FA LL 201 4
Winding Road to Miami Law’s Door
By Catharine Skipp
am Winikoff always wanted to be a musician. No. Correction. Sam Winikoff always wanted to be a rock star. Sam was academically unmotivated but was a sizzling hot keyboard player, as well as the Swiss Army knife of bandmates—more than competent on all the other instruments of the heavy metal milieu. He was the real deal, complete with radical hair and full on beard. At 17, he took to the road with bands playing gigs in small clubs and bars. For four years, he not only saw the USA from the window seat of an RV, but also honed another skill set along the way. Winikoff was always the guy in the band working the business side. “I was doing the bookings and keeping the books, doing the merchandise ordering and shaking down club owners for our cut,” he said. The 27-year-old’s parents had sprung, ideologically intact, from the 1960s. Bob Dylan, Leonard Cohen, Tom Rush, and Peter, Paul, and Mary were the soundtrack of his youth. His dad, from the Bronx, also had a thing for doo-wop. His dad was an attorney/community activist in Palm Beach, pushing for more schools and parks, opposing the bullet train running through neighborhoods, before becoming a judge on the Fifteenth Circuit. His mom works as a media specialist at a local elementary school, chairs the Library Advisory Council for Palm Beach, and just received full funding for a summer camp for the children of low-income farm workers. It’s no wonder that they gave their son the freedom to chase his dream. Six years ago, Winikoff’s
Students good time, where were the musicians and chefs? They were working. So I’m really glad that my dad, especially, had the foresight to let me get that out of my system young. My dad’s mantra for it was, ‘If not now, when?’” Winikoff graduated from Florida Atlantic University summa cum laude in 2011 with an interdisciplinary degree—an amalgamation of arts and humanities in philosophy, history, art, and music. His minor was Commercial Music, which is the study of the music business, and a certificate in Judaic Studies. He moved to New York shortly after graduating to work for the Harry Fox Agency (HFA), the largest licenser for music publishers in the United States, founded in 1927 by the National Music Publishers Association. He had interned there between his junior and senior year. “HFA has a mentoring program,” Winikoff said. “I was lucky enough to be paired with one of the corporate counsel. He really helped me to narrow my focus and motivated me to go back to school for law.” The Boca Raton native hated the cold and wanted to be closer to his family. He had been a charter member and first president of the Music & Entertainment Industry Educators Association chapter at FAU and had met the organization’s national president, Serona Elton, a few times. Elton is also the chair of the Department of Music, Media, & Industry at the University of Miami Frost School of Music. Winikoff knew there was a dual degree program, “and so, it was Miami,” he said. “I knew that if I wanted to continue to grow in the legal and business side of
music, this was going to be the place for me.” Winikoff still harbors visions of music in his head, as well as in practice. To clear his head, it is rumored that he sometimes ducks into empty practice rooms and recital halls late at night for a therapeutic jam. He worships jazzman Bill Evans, “obviously a monster piano player” and remembers the Allman Brothers’ At Fillmore East, the first live American rock album, changing his life: “the organ parts in there are SO good.” He may not be scraping by on the road anymore but “being on stage is the biggest rush and best feeling even still. I’ve not really been able to find anything that can counter or best it.” Yet. For now, he is happy enough bounding through law school in a black Iron Maiden t-shirt.
IN N OVA TIV E ST UDE N TS
world spun off its axis. His father passed away. “It was a tragic and heartbreaking event and I think people can choose to go one way or the other, and I decided to go up.” He had been lamely scraping along in community college for two years but made a commitment to excel. He would also meet a fellow sojourner who would cause Winikoff to do a reality check. “I was very friendly with a gifted pianist when I was at Palm Beach Community College. Instead of taking lessons at school, I would go over to his house and we’d hang out and drink coffee and chat for a while before getting down to playing,” Winikoff said. “One day he was working on his taxes and he had stacks on stacks of paper because he was an elementary school music teacher, an adjunct at the community college and the university, he played restaurant and bar gigs four nights a week, and he traveled. He had 1099s from maybe forty different sources and he is the best piano player I’ve ever heard and he has to piece all of it together to make a living. He is a better musician than I am, by far, and not just because he is older. If you hear other musicians talk, he is a musician’s musician. He is out of bounds; he is above and beyond when it comes to playing. But even people who are that talented are scraping by. “Some of my best friends came out of Berklee (College of Music in Boston) and are working day jobs while playing night gigs and weddings and they are some of the best musicians I’ve ever heard and that is how their lives are going to be forever,” Winikoff said. “I remember my parents telling me that when people are out for drinks and having a
SCHOLARS LIVE UP TO PRESTIGIOUS AWARDS SCOTT SQUIRES, LEAH WESTON AND EAMON WELCH
and Graduate with Honors
MI A MI LAW maga zi ne | FA LL 201 4
eet three outstanding recent graduates—Scott Squires, Eamon Welch, and Leah Weston. Each was awarded one of the prestigious Harvey T. Reid and Soia Mentschikoff Scholarships during their time at Miami Law. “It was a great privilege to receive the Reid Scholarship,” said Squires, who recently became an associate in Greenberg Traurig’s real estate group in Miami. “The generosity of the University of Miami opened countless doors for me and my time at the law school exceeded my greatest expectations.” The Harvey T. Reid Scholarship program was established in 1970 by the late Harvey T. Reid, former chairperson of West Publishing Company. It provides a three year fulltuition scholarship to students who possess truly exemplary academic records and demonstrate superior leadership qualities. Squires, who received his undergraduate degree from the University of Pennsylvania and an M.B.A. degree from the University
of Miami, graduated from Miami Law ranked second in his class. He was a member of the University of Miami Law Review. He received the Bruce J. Winick Award for Academic Excellence, the CALI Excellence for the Future Award, and the Dean’s Certificate of Achievement. Weston was both a Harvey Reid Scholar and Miami Public Interest Scholar. She remained on the Dean’s List all semesters at Miami Law and won the CALI Excellence for the Future Award, as well as the Dean’s Certificate for Outstanding Performance for Legal Communication and Research Skills I & II. She worked at the Community Justice Project of Florida Legal Services, where she also worked during the summer of 2013 as an Ella Baker Intern, an innovative training program for future community lawyers. Weston, a double ‘Cane, was also inducted into Iron Arrow, the University of Miami’s oldest tradition and highest honor during her third year. “I come from a family of Miami Hurricanes, so it was a particularly meaningful way to round out my time
at the University of Miami.” Weston is now working as an Equal Justice Works Americorps Fellow at the Health Rights Clinic. Welch received the Mentschikoff Scholarship, also a full-tuition award. It was established at Miami Law to honor the late Soia Mentschikoff, a great legal scholar who served as the Law School’s dean from 1974-1982. A graduate of Trinity College with a B.A. in Philosophy, Duke University with a M.A. in Humanities, and Cornell University with a Certificate in Financial Management, Welch served as President of the Charles C. Papy, Jr. Moot Court Board during his third year at Miami Law. He was a member of the University of Miami Law Review, received the Dean’s Certificate of Achievement Award and the CALI Excellence for the Future Award. Welch was also a Dean’s Fellow for Constitutional Law and a Research Assistant to Professor Kunal Parker. After working as a summer associate at Greenberg Traurig in Miami after his 2L year, and continuing to work there as a law clerk throughout his 3L year, Welch is now an associate with Greenberg Traurig’s real estate group. Welch credits the Mentschikoff Scholarship with “opening up unbelievable doors for my professional career.” “After receiving the Mentschikoff Scholarship and visiting Miami Law, my decision to attend was easy,” he said. “The academic and extracurricular opportunities that Miami Law affords convinced me that I would receive a first-rate legal education on par with any law school in the country.”
ilm is an intensely collaborative medium.The great examples of that art form—Citizen Kane, The Godfather, Annie Hall, Pulp Fiction—were the result of dozens of people working together. The literary novel, by contrast, is the preserve of a solitary author. From Moby Dick to The Great Gatsby to Infinite Jest—all the great novels were produced by a single person working alone.Why?
Part of the answer lies at the intersection of economic theory and intellectual property law. Economists generally view the market and its price mechanism as the most efficient way to allocate resources. But most people, most of the time, don’t use explicit price mechanisms or ordinary market transactions to decide every detail of their work. Instead, employees
accept a total payment for their at-will employment, and then talk to their bosses and coworkers to figure out who will be responsible for fulfilling a client’s order or restocking the shelves. The team production theory of the firm—a branch of economic theory that grew from Ronald Coase’s landmark article The Nature of the Firm—offers one explanation for why bosses don’t put a price on each task that an employee performs. For some productive activity, the whole is worth more than the sum of its parts, and it will be hard to sort out how much of the total output each individual employee contributed. Four problems characterizing these scenarios make market mechanisms inadequate for eliciting good work. Observation. Participants cannot easily know whether their teammates are doing less than their fair share. Imagine Paul McCartney trying to determine whether John Lennon was keeping his best lyrics for his solo work; how could he know for sure? Verification. Even if the participants can tell whether their teammates are doing enough, it would be hard to prove it to an outsider, like a court. McCartney would have a hard time suing Lennon for violating a contract in which Lennon promised to contribute the best lyrics he could think of to their collaboration. Nonseparability. The total value of the team’s output cannot be assigned to the individual contributions of each of the inputs. How much did the Beatles owe their success to McCartney or Lennon, or George Harrison for that matter (Ringo, as always, will be left for the parenthetical aside)? Uncertainty. The total potential output is hard to predict in advance. Most of those who saw the Beatles
IN N OVA TIV E FA CUL TY
Collaboration, Creativity, and Copyright
BY PROFESSOR ANDRES SAWICKI
MI A MI LAW maga zi ne | FA LL 201 4
playing Hamburg in 1961 could have scarcely conceived of their future fame. When these problems are severe, ordinary market mechanisms fail.The team production literature offers two alternatives, each of which requires that the team organize its activity in a hierarchy, with a leader at the top. In the first, the leader is an expert in observation. Even if team members cannot easily determine whether their teammates are contributing their fair share, the leader can, albeit imperfectly.This solution is what we see in sports—a basketball coach has to determine whether the team can’t score because the point guard is making bad passes or because his teammates can’t get open.The key is that it’s much easier for the coach to do this than for any of the players. In the second, the leader is an expert in valuation. Even if the total potential value is hard for most people to predict, maybe some are better than others.When the leader can identify a threshold value that the team should be able to produce, then the leader can simply reward (or punish) all of them if the threshold is met (or not met). While there are some additional nuances, this is the core insight of the team production theory. A team needs a leader who specializes in observation or setting expectations.The team leader cannot herself be a member of the team. She cannot make nonseparable contributions to the joint output. And she needs to have the residual claim— the right to all of the profits left after the team members are paid (this gives the leader the incentive to manage the team efficiently). Copyright law already (probably unintentionally) recognizes the team
production problem. It defines a “joint work” as a work in which two or more authors intend to merge their contributions “into inseparable or interdependent parts of a unitary whole.” This is what characterizes the team production scenario—the team members’ individual contributions are combined into a single output for which it is hard to calculate the value contributed by each. Copyright law then (again, probably unintentionally) facilitates collaboration through the derivative works right, which grants the copyright holder the exclusive right to produce works “based upon” an original work.Think of Rocky II as a work “based upon” Rocky; only the person owning the copyright in Rocky can make Rocky II.The copyright holder acting as an expectation-setting team leader can then use participation in derivative works as a reward for teams that meet expectations (and prohibit participation in such works as a punishment for teams that fail to meet expectations). Hollywood’s reliance on sequels may be understood in this light because sequels pose less severe uncertainty problems and enable reliance on the derivative works right to elicit cooperation among team members. Still, copyright law can do more. Although copyright ownership usually vests in the author, the work made for hire doctrine grants ownership under some conditions to the person who hired the author.This doctrine could plausibly be used to grant the team’s leader the residual claim. But the leader in a team production firm doesn’t typically hire the team members in the way the work made for hire doctrine expects.The doctrine should
be modified so it more regularly applies to scenarios posing team production problems. Law is not the only tool for solving team production problems. Reputation and trust are significant too. Team members who care about their reputations may cooperate even though they could gain by shirking. And if team members know each other personally, those relationships may dissuade them from acting as they would if the team were composed of comparative strangers.These mechanisms may account for the success of the Beatles and other bands—the members trust each other because of their repeated interactions. So why is collaboration successful in film and rare in literature? In part, it is because a leader can more easily observe performance in the film context (where actors can be distinguished from each other and from the screenwriter and the cinematographer) than in the literary one (where each author makes her contributions to an integrated draft). Literature’s highly creative and uncertain nature may make it relatively resistant to team production solutions. Still, the future may lie with firms like Alloy Entertainment, which has applied team production techniques to the creation of novels. Alloy’s results—including The Vampire Diaries and Gossip Girls—don’t reach the lofty heights of Moby Dick or The Great Gatsby. But as Alloy and others hone their techniques, we may yet see the great collaborative novel. Professor Andres Sawicki researches and teaches in the area of intellectual property. Professor Sawicki’s research explores the impact of intellectual property law on creativity in the arts and sciences.
PROFESSOR MARY COOMBS
CELEBRATION OF SCHOLARSHIP and Service
By Professor Lili Levi
write on the occasion of the retirement from a rich and wonderful thirty years at Miami Law of my friend and colleague, Mary Coombs. Let’s begin with the official bio—a quick and incomplete snapshot of Mary’s admirable career “on the books:” a four-degree University of Michigan graduate (J.D. ’78 summa cum laude, M.A. ’70 Library Science, M.A. ’67 Sociology, B.A. ’65 Political Science magna cum laude); one of the first female law clerks to legendary Judge Henry Friendly; a well-loved professor of family law, health law, and torts (inter alia) at Miami Law; a rigorous legal scholar and author of more than 30 articles in fields ranging from law and feminism and outsider legal studies to criminal law, health law, and international law; an effective leader and three-term Chair of the University of Miami Faculty Senate (2003-06); an inductee into UM’s premier Iron Arrow society and ODK Honor Society; and an
elected member of the American Law Institute, the leading independent U.S. law reform organization. The official Mary is obviously impressive. Equally praiseworthy is Mary “off the books.” That Mary is the ideal academic colleague—a lightning-quick mind with intellectually generous impulses, an incisive critic, a demanding reader, and a fabulous editor seeking to improve what she reads on its own terms, without imposing her point of view. Unpretentious, informal, and unimpressed by pomp and circumstance, Mary is quick; she doesn’t suffer fools (or slow-pokes) gladly. A badly-reasoned legal opinion or a thinly-argued claim are like catnip to Mary. Even ideological agreement does not deter her commitment to intellectual rigor. But she is also openminded, fair in argument, and quick to give praise. She is boundlessly curious. She loves nothing better than engaged conversation, in whatever area of law or policy. No profile of Mary would be complete without mentioning her
sense of humor. She is clearly among the great gods of punning. She is also the author of the funniest law review article I have ever read: Lowering One’s Cites: A (Sort of) Review of the University of Chicago Manual of Legal Citation, 76 VA. L. REV. 1099 (1990). What could be a better sendup of self-important legal academic writing than the hilarious footnote signals Mary coins in that article— e.g., “pretend to have seen…” or “don’t you wish you had seen…”! Mary’s approach to law and legal scholarship is pragmatic. She is concerned with how law affects real people’s lived experience over time. Therefore, her bent has been inter-disciplinary. Her articles have interrogated grand theory from ground level. From her early attention to transgender rights to her more recent work in health law, Mary’s scholarship has always been modern, in the forefront of identifying and responding to important social issues as they arise. Mary has left a lasting legacy— both in her scholarship and in the many minds and hearts she has touched here. Although she has officially retired from teaching law and left Miami for the Pacific Northwest, I have no doubt that she will continue to inquire and to teach. She will keep resisting facile solutions to hard problems. She will identify new challenges and translate law to those whom it affects. She will push those she meets to test their ideas. She will not retreat. Like the rest of the Miami Law community, I will miss her very much.
IN N OVA TIV E FA CUL TY
PROFESSOR MARY COOMBS
FACULTY PUBLICATIONS 2013 – 2014
(includes only scholarly journal articles or books published by June 1, 2014)
DAVID ABRAHAM The Contributions of Human Rights Struggles: A Comment, in TOWARD A NEW MORAL WORLD ORDER 203 (Norbert Frei & Annette Weinke eds., 2013). ANTHONY ALFIERI Law Firm Malpractice Disclosure: Illustrations and Guidelines, 41 HOFSTRA L. REV. 17 (2013). “He is the Darkey with the Glasses On”: Race Trials Revisited, 91 NORTH CAROLINA L. REV. 1497 (2013). Next-Generation Civil Rights Lawyers: Race and Representation in the Age of Identity Performance, 122 YALE L.J. 1484 (2013) (with Angela Onwuachi-Willig). Community Education and Access to Justice in a Time of Scarcity: Notes from theWest Grove Trolley Garage Case, 2013 WISCONSIN L. REV. 121 (2013). JILL BARTON THE HANDBOOK FOR THE NEW LEGAL WRITER (Wolters Kluwer 2014) (with Rachel H. Smith).
MI A MI LAW maga zi ne | FA LL 201 4
RICARDO BASCUAS INVESTIGATIVE CRIMINAL PROCEDURE: A CONTEMPORARY APPROACH, 2nd ed. (West Academic Publishing 2013) (with Sam Kamin). The Fourth Amendment in the Information Age, 1 VIRGINIA JOURNAL OF CRIMINAL LAW 481 (2013).
CAROLINE BRADLEY From Global Financial Crisis to Sovereign Debt Crisis and Beyond:What Lies Ahead for the European Monetary Union? 22 TRANSNATIONAL LAW & CONTEMPORARY PROBLEMS 9 (2013). SERGIO CAMPOS Does the Individual Mandate Coerce?, 68 UNIVERSITY OF MIAMI L. REV. 1 (2013) (with Raphael Boleslavsky) KENNETH M. CASEBEER Public…Since Time Immemorial:The Labor History of Hague v. CIO, 66 RUTGERS L. REV. 147 (2013).
DONNA COKER The Story ofWanrow:The ReasonableWoman and the Law of Self-Defense, in Criminal Law Stories 213 (Donna Coker & Robert Weisberg eds., 2013) (with Lindsay Harrison). CAROLINE MALA CORBIN Abortion Distortions, 71 Washington & Lee L.Rev. 1175 (2014). The Contraception Mandate, 107 Northwestern. University L. Rev. 1469 (2013); reprinted in Women and the Law 163 (Tracy A. Thomas ed., 2013). MICHELE DESTEFANO Claim Funders and Commercial Claim Holders: A Common Interest or a Common Problem?, 63 DePaul L. Rev. 305 (2014). Compliance and Claim Funding:Testing the Borders of Lawyers’ Monopoly and the Unauthorized Practice of Law, 82 Fordham L. Rev. 2961 (2014). Creating a Culture of Compliance:Why Departmentalization May Not Be the Answer, 10 Hastings Business L. J. 71 (2014). ZANITA FENTON Bastards!...and theWelfare Plantation, 17 J. Gender, Race & Justice 9 (2014). Disabling Racial Repetition, in Righting Educational Wrongs: Disability Studies in Law and Education 174 (Arlene S. Kanter & Beth A. Ferri eds., 2013). MARY ANNE FRANKS How to Feel Like aWoman, orWhy Punishment is a Drag, 61 UCLA L. Rev. 566 (2014). CHRISTINA M. FROHOCK Military Justice as Justice: Fitting Confrontation Clause Jurisprudence into Military Commissions, 48 New ENGLAND L. REV. 255 (2014). The Eyes of theWorld: Charges, Challenges, and Guantánamo Military Commissions After Hamdan II, 3 University of Miami National Security & Armed Conflict L. Rev. 7 (2013). MICHAEL FROOMKIN “PETs Must Be on a Leash”: How US Law (and Industry Practice) Often Undermines and Even ForbidsValuable Privacy Protecting Technology, 74 Ohio State L.J. 965 (2013).
ICANN and the Domain Name System After the ‘Affirmation of Commitments’, in Research Handbook on Governance of the Internet 27 (Ian Brown ed., 2013). MICHAEL GRAHAM HANDBOOK OF FEDERAL EVIDENCE, 7th ed. (Thomson West, Supp. 2014). Handbook of Illinois Evidence, 9th ed. (Aspen Publishers, Supp. 2014). Federal Practice and Procedure (v. 30B & 30C) (Thomson West, Supp. 2014). Confrontation Clause: Williams Creates “Significant Confusion” Prompting California Avoidance; Bryant’s Dual Perspective Primary Purpose Approach; 2013 Application Summary, 49 Criminal Law Bulletin 1533 (2013). Other Crime,Wrong, or Act Evidence:The Waning Penchant Toward Admissibility as the Wars Against Crime Stagger On; Part II. Sexual Battery and Child Molestation, 49 Criminal Law Bulletin 1159 (2013). Other Crimes,Wrongs, or Culpable Acts Evidence: TheWaning Penchant Toward Admissibility as the Wars Against Crime Stagger On; Part I.TheWar On Drugs—The Seventh Circuit Crosses Over to the Dark Side, 49 Criminal Law Bulletin 875 (2013). SUSAN HAACK Putting Philosophy to Work: Inquiry and Its Place in Culture: Essays on Science, Religion, Law, Literature, and Life (Prometheus Books 2013). A Match Made on Earth: Getting Real About Science and the Law, 36 Dalhousie L. J. 39 (2013). El probabilismo jurídico: Una dissensión epistemológica, in Estándares de Prueba y Prueba Científica: Ensayos de Epistemología Jurídical 65 (Carmen Vázquez, ed., 2013). The Real, the Fictional, and the Fake, 8 Spazio Filosofico 209 (2013).
FRANCES HILL Taxation of Exempt Organizations (Supp. 2014) (with Douglas M. Mancino). JAN JACOBOWITZ The Social Media Frontier: Exploring a New Mandate for Competence in the Practice of Law, 68 University of Miami L. Rev. 445 (2014) (with Danielle Singer).
OSAMUDIA JAMES White Like Me:The Negative Impact of the Diversity Rationale onWhite Identity Formation, 89 New York University L. Rev. 425 (2014). Opt-Out Education: School Choice as Racial Subordination, 99 Iowa L. Rev. 1083 (2014). DONALD M. JONES Fear Of A Hip-Hop Planet: America’s New Dilemma (Greenwood Press 2013).
STANLEY I. LANGBEIN PPL, the Foreign Tax Credit, and the Gitlitz “Finger” Principle, 42 Tax Management International Journal 599 (2013). Doing the Math (and the English) in the Windfall Tax Cases, 42 Tax Management International Journal 134 (2013).
TAMARA RICE LAVE Do SexuallyViolent Predator LawsViolate Double Jeopardy or Substantive Due Process?: An Empirical Inquiry, 78 Brooklyn L. Rev. 1391 (2013) (with Justin McCrary). Shoot to Kill: A Critical Look at StandYour Ground Laws, 67 University of Miami L. Rev. 827 (2013). Protecting Elites: An Alternative Take on How United States v. Jones Fits into the Court’s Technology Jurisprudence, 14 North Carolina Journal of Law and Technology 461 (2013). Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes, 81 University of Cincinnati Law Review 795 (2013) (with Aviva Orenstein). LILI LEVI “Smut and Nothing But”:The FCC, Indecency, and Regulatory Transformations in the Shadows, 65 Administrative L. Rev. 509 (2013).
FRED MCCHESNEY Antitrust Law: Interpretation and Implementation, 5th ed. (Foundation Press 2013) (with Charles J. Goetz & Thomas A. Lambert).
MARTHA MAHONEY Cases and Materials on Social Justice: Professionals, Communities, and Law, 2nd ed. (Thomson/West 2013) (with John O. Calmore, & Stephanie M. Wildman).
FELIX MORMANN Beyond Tax Credits: Smarter Tax Policy for a Cleaner, More Democratic Energy Future, 31 Yale J. Regulation 303 (2014).
SARAH A. MOURER Forgetting Furman: Arbitrary Death Penalty Sentencing Schemes Across the Nation, 22 William & Mary Bill of Rights J. 1183 (2014). Study, Support, and Save:Teaching Sensitivity in the Law School Death Penalty Clinic, 67 University of Miami L. Rev. 357 (2013). Working In Innocence Programs: Everything You Always Wanted To Know About Innocence Work But Were Afraid To Ask (Vandeplas Publishing, LLC. 2013).
GEORGE MUNDSTOCK The Tax Import of the FASB/IASB Proposal on Lease Accounting, 32 VIRGINIA TAX REV. 461 (2013).
JAMES NICKEL What Future for Human Rights?, 28 Ethics and International Affairs 213 (2014). Goals and Rights:Working Together?, in The Millennium Development Goals and Human Rights Past, Present and Future 37 (Malcolm Langford, et al. eds., 2013). LEIGH OSOFSKY Who’s Naughty andWho’s Nice? Frictions, Screening, and Tax Law Design, 61 Buffalo L. Rev. 1057 (2013). BERNARD H. OXMAN Agora:The South China Sea: Editors’ Introduction, 107 American Journal of International Law 95 (with L.F. Damrosch, 2013). Separate and Dissenting Opinions and Their Absence: AWindow on Decision-Making in the
Tribunal, in Regions, Institutions, and Law of the Sea, 47 (Harry N. Scheiber & Jin-Hyun Paik eds., 2013). Homage to Judge Tullio Treves, in International Courts and the Development of International Law: Essays in Honour of Tullio Treves, 3 (Nerina Boschiero, et al. eds., 2013).
KUNAL PARKER The Constitution, Citizenship, and Immigration in American History, 17902000 (American Historical Association 2013). JAN PAULSSON The Idea of Arbitration (Oxford University Press 2013). Why Good Arbitration Cannot Compensate for Bad Courts, 30 Journal International Arbitration 345 (2013). ILEANA PORRAS Ileana Porras, European Origins, the Doctrine of the Providential Function of Commerce, and International Law’s Embrace of Economic Growth, 107 Proceedings of the American Society of International Law 374 (2014). SCOTT ROGERS Mindfulness in Law, in Wiley-Blackwell Handbook of Mindfulness (Amanda Ie, Christelle T. Ngnoumen & Ellen J. Langer eds., 2014). Taming aWandering Attention: Short-Form Mindfulness Training in Student Cohorts, 7 Frontiers in Human Neuroscience 897 (2014) (with Alexandra B. Morrison, Merissa Goolsarran & Amishi P. Jha). KEITH S. ROSENN Recent Important Decisions of the Brazilian Supreme Court, 45 University of Miami Inter-American L. Rev. 297 (2014). Introductory Notes and Summaries of Amendments to the Constitution of the Federative Republic of Brazil, in World Constitutions Illustrated (Jefri Jay Ruchti ed., 2013). EDGARDO ROTMAN Translation, Klaus Tiedemann, BusinessRelated Criminal Law in Europe: A Critical Inventory, 20 University of Miami International and Comparative L. Rev. 135 (2013).
IN N OVA TIV E FA CUL TY
Mindfulness and Professionalism, in The Essential Qualities of the Professional Lawyer, Center for Professional Responsibility 229 (American Bar Association 2013). Fidelity Diluted: Client Confidentiality Gives Way to the First Amendment & Social Media in Virginia State Bar, ex rel. Third District Committee v. Horace Frazier Hunter, 36 Campbell L. Rev. 75 (2013) (with Kelly Rains Jesson).
Continued on page 59 19
MI A MI LAW maga zi ne | FA LL 201 4
20 ILLUSTRATION BY FLÁVIA SANTOS
By Carlos Harrison
arkus Wagner began his world travels in a picture-postcard town of timbered houses at the edge of the Black Forest. Twice. The associate professor of international law was born in Gengenbach, Germany, near the German-French border. It’s an 800-year-old town that’s closer to Strasbourg, France, than it is to Stuttgart. He thought about going into the foreign service and saw the law as a way of getting there. In Germany, students go straight into law school after high school. So that’s what he did, pursuing a degree with an emphasis on comparative law, international law, and European law. Along the way, he lost his interest in joining the foreign ministry, but discovered a fascination with the law. He also found a career he would pursue across five continents, even though it was a concern over repeated relocations that led him to change his plans in the first place. “The foreign service sounds good in practice,” he says, “but then I decided against it because it would mean moving every few years, uprooting a potential family and so forth. Then the question became do I want to work for an international organization? Do I want to work in more traditional law, or as a lawyer with some kind of relationship to international affairs?” He wound up going to the Max Planck Institute for Comparative Public Law and International Law in Heidelberg as a research fellow after
he graduated and, he says, “I saw a side of academia that really interested me. Doing the research, doing teaching to a certain extent there just gave me sort of a glimpse into an area that I then decided to pursue.” He got his master’s at Stanford University, then clerked at the Supreme Court of Israel. Then, to be sure about his career path, he says, “I worked as a lawyer for a brief period of time to see whether that would interest me.” He spent six months as a legal consultant at Wilmer Cutler Pickering Hale and Dorr in Brussels, doing international trade law and competition law and decided that being a lawyer just wasn’t for him. “But law and legal academia interested me nonetheless.” So did biking. He started at “4 or 5,” he says, and bought his first road bike at 15. “I worked all summer for it,” he says, “And I bought my road bike and I just took it out and biked and biked and biked.” His first long-distance trip came while he was in Vancouver, Canada, during an exchange program during law school. “I thought it would be interesting if I biked from Canada to Mexico.” He did: about 1,800 miles in all, in a bit over a month. “And then I thought it would be nice to do a really long bike trip from my parents’ place because I had never started there,” he says. “And when you do that in Europe you think of two places. One is Asia. The other is South Africa.” So, in 2008, after his stint at WilmerHale, Wagner left his
Faculty birthplace to travel the world, yet again. “I decided to bike from the Black Forest to the Yellow Sea.” He covered close to 10,000 miles. It took 265 days. He took pictures and blogged as he went, and used the trip to raise money for charity. It may remain his longest bike trip, he says, but it won’t be his last. “That was a luxury that I could do at that time. I certainly have trips planned in, say, Colombia, Ecuador. Back into Argentina and Chile. There are places in India. There are portions of Africa.” After his return from the road trip to Asia, he accepted the position at Miami Law. Since then, the list of Wagner’s scholarly writings demonstrate two disparate—but, he insists, related— strands: questions about international trade law and, most recently, the use of autonomous weapon systems (AWS) in war. Both deal with questions of science, and uncertainty. And both, he says, raise issues regarding “How do you translate scientific inquiry and the results of scientific inquiry into legal rules?” As an example of the first, Wagner points to the debate in Europe over hormone-treated beef. The U.S. cattle industry insists the evidence shows there’s no harm related to the practice. That’s not good enough for Europeans. “The question is, is there enough scientific evidence to warrant that prohibition of importing beef treated with hormones?” Wagner asks. “You have scientific evidence on both sides that is fraught with uncertainty…
IN N OVA TIV E FA CUL TY
Professor Markus Wagner Engages in International Trade Law and Autonomous Weapons
MI A MI LAW maga zi ne | FA LL 201 4
PROFESSOR MARKUS WAGNER IN THE TAKLAMAKAN DESERT, CHINA
Scientific evidence is never a yes or no answer. It’s many shades of gray.” The challenge from a legal standpoint, he says, is that “We in the legal field always like to think in yes and no terms… A person is either guilty or not guilty. He’s not a little bit guilty.” His questions about autonomous weapon systems hinge on similar issues of uncertainty. Autonomous weapon systems, he says, operate independently, without human intervention. Unlike drones that are more often operated remotely, systems with autonomous capabilities are being designed to make decisions on the basis of corporate algorithms. “The interest is how do we fit technology into our legal world and,
in many ways, who gets to make those decisions,” he says. “Do we want to outsource in some ways the military operations in their application to a code? Do we want to hand over a decision over life and death to a computer program? Not a robot necessarily, but a program that is designed to follow rules of international humanitarian law.” In short, he explains, can AWS distinguish between soldiers and civilians? And can they determine the correct level of response? Those factors, he says, “are the two cornerstones of international humanitarian law—distinction and proportionality.” This is not science fiction, he says. It’s science fact. “Autonomous weapon systems are not the crazy things of the future.
Engineers are actually working on these developments and the military is planning about these things.” That, he says, is why it’s important to raise the legal issues now, before AWS hit the battlefield. “I think I’m one of many people at the law school who does research that may initially look far out, but it’s actually cutting edge research,” he says. “How you look at an issue like autonomous weapon systems matters. How you deal with issues like the environment and human health in international economic law actually matters. It may not answer the question immediately about each and every case but you need to think about these questions and have a conversation in order to make those decisions within a coherent frame work.”
IN N OVA TIV E FA CUL TY
PROFESSOR MARY ANNE FRANKS
Mary Anne Franks PROFESSOR PUGILIST: Revenge Porn and Krav Maga By Carlos Harrison
MI A MI LAW maga zi ne | FA LL 201 4
ltimately, it was a cyberspace horror story playing out in real life that forced Mary Anne Franks into action, and catapulted her to national recognition as a spokeswoman and a champion wielding the law to protect victims of revenge porn. The popular University of Miami associate professor of criminal law, family law, and criminal procedure appears regularly in national media, and the draft law she crafted has become a model for outlawing the non-consensual posting of sexually explicit media. That role is a far cry from what Franks might have predicted as a little girl growing up in Pine Bluff, Arkansas, designated by The Independent of London as “the most dangerous little town in America.” Of course, back then she probably wouldn’t have foreseen that she would later carry a butterfly knife for protection and learn to whip it out with a spinning flourish worthy of a karate movie. Or that she’d be a belly dancer, a Rhodes Scholar, a Bigelow Fellow, or an expert instructor in the supremely quick and devastatingly lethal Israeli martial art of Krav Maga. Back then she was just the youngest child of an immigrant widow living on social security checks, who liked to play teacher. “A Sunday school teacher, I think, gave me a little chalkboard,” she says. “I loved that chalkboard more than anything because it gave me
the chance to (actually) write down lessons for my stuffed animals. And that just seemed like the most natural thing in the world to do.” It was in her blood. Franks’s parents were both professors, who met teaching at a university in her mother’s homeland, Taiwan. Franks was the only girl, born while her father taught at Ball State University in Indiana. He died of a heart attack when she was 2. Her mother “couldn’t really think of what else to do,” so she took Franks and her two brothers to be near their father’s family in his hometown, Pine Bluff. Her mother was turned down for job after job—“overqualified”—as Franks grew up. So they lived on their government check and learned to think of being surrounded by crime, like the time Franks had a gun pulled on her in a movie parking lot, as just the way life is. Franks found refuge in her father’s library of books, reading Beckett and Faulkner as a child. By high school, her affinity for teaching mixed with a desire to perform. She did “a lot of theater,” including once as Scheherazade. That’s how she got interested in belly dancing, which she would wind up teaching while she was at Oxford. Franks earned a full ride to Loyola, studying philosophy and English. A dean convinced her to apply for a Rhodes Scholarship, even though she “didn’t really know what the Rhodes Scholarship was.”
She got it, and went to Oxford to earn her master’s and doctorate in modern languages. As she neared graduation, though, she reached “a crisis of conscience” about staying in the humanities. “I became increasingly obsessed with, for lack of a better term, real-world issues. I wasn’t happy just talking about literature. I wasn’t happy just talking about philosophical concepts. I wanted to talk about political issues and real-world events.” She went to law school, at Harvard, thinking that with a law degree she would pursue her interest in humanitarian issues by going to work for the International Criminal Court. “I was going to become a prosecutor for that court, and I was going to be a judge for that court and that’s really how I had my whole life set up.” Except, by the time she got her J.D., she says, “I thought, this has been a really expensive three-year diversion, but I hate everything about the law. I hate everything about the way it’s taught and practiced. I just want to go back to doing humanities.” Fate, and a prominent feminist law professor, intervened. Catharine MacKinnon, who was instrumental in promoting sexual harassment protections in the law, invited Franks to be her research assistant while Mackinnon taught as a Visiting Professor at Harvard. Watching MacKinnon teach, Franks says, “made me want to be a law professor. I could see what the impact of it was.”
INN NOVA OVATIV TIVEE FA FACUL CULTY TY IN
“A lot of it was Holly’s perseverance,” she says. Here was a woman who wanted change not just for herself, but for everyone. And, Franks says, “Every time she gives a talk she knows full well that people Google her name to try to find the pictures. She knows that she goes to speak to a room full of people and probably 200 of them have seen her naked. “If I was in her position and a similar thing had happened to me, I don’t think I could do what she is doing. So part of the reason I reluctantly agreed to help her was because I felt ashamed for not helping her.” It led to Franks writing a version of a law against revenge porn hat has been the basis for proposed or adopted laws in more than a dozen states. With those laws spreading, Franks also hopes to bring attention to gun control and stand your ground laws, which were at the core of the shooting death of a 17-year-old AfricanAmerican named Trayvon Martin in Central Florida in 2012. “I see parallels in the ways that women and racial minority men are categorized together, stereotyped together and treated badly,” she says. “I think you can see really haunting parallels in the judgments we make about the Trayvon Martins of the world and the judgments we make about the girl in the short skirt.” That’s why, she says, “I think it would be productive to challenge how women and racial minority men are expected to perform in certain ways, and how it is considered acceptable to respond with violence if they do not.”
Then came the Bigelow Fellowship, and a chance to spend two years at the University of Chicago Law School. “I have never had a more enriching experience,” she says. It was there, living in one of the most dangerous neighborhoods in the city, that she got interested in Krav Maga. And it was there that she produced the paper that would change her life, again. Called “Unwilling Avatars: Idealism and Discrimination in Cyberspace,” it stated: “… the creation of unwilling avatars involves invoking individuals’ real bodies for the purposes of threatening, defaming, or sexualizing them without consent. Sometimes the creation of unwilling avatars takes a very literal form: for example, hacking into the account of a gamer and using her avatar as though it were your own, or creating a false profile of a real person on a social networking site. Other examples of unwilling avatars are more figurative. For example, women have been targeted for revenge porn, a practice where ex-boyfriends and husbands post to the web sexually explicit photographs and videos of them without their consent.” The paper led to her being offered the job at UM, and to her fateful meeting with a woman named Holly Jacobs. Jacobs was a victim of revenge porn. She had gone to lawyers and the police, trying to get the photos taken down. She couldn’t. At the time, there was no law against it. She went to Franks and asked bluntly, “Do you think you can help me change the world?” Franks “reluctantly agreed.”
INNOVATING into the Future:
With an Eye on Tradition, Technology and Trends, Miami Law Leads the Way to Tomorrow.
By Carlos Harrison and Emily Horowitz
MI A MI LAW maga zi ne | FA LL 201 4
aw builds on thousands of years of humankind’s efforts to set standards and rules for working together.Yet it is ever-changing. Constantly evolving. Always new. Miami Law doesn’t just keep pace. It sets it. Through its courses and discourses, its professors, students and alumni, Miami Law stands in the vanguard—firmly grounded in a tradition of excellence while leading into new frontiers—at the intersection of imagination, innovation, and impact. The school’s offerings come in a diversity to match the students and faculty. They are short. They are global. They are virtual. They are crossdisciplinary. And they are cutting-edge. At the forefront of giving students opportunities to learn from and interact with practicing experts in their fields, Miami Law began offering innovative, compressed courses a few years ago. The Innovative Short Course Program provides
time-effective, convenient, yet comprehensive study. Taught by experts from around the world—from Brussels to Beverly Hills, Davie to Dubai—the courses allow students to intensively examine a specific topic on a condensed schedule. They are deliberately set during weekday lunch hours, Friday afternoons, and Saturdays to fit in and around regular school schedules. The options are both practical and inventive. They have included an imaginative exploration of “Law, Literature, and Capital Punishment,” probing the legal and moral aspects of the issue through a variety of materials incorporating legal and non-legal articles, songs and short stories, movies and memoirs. Other courses among the many available are an examination of the interrelation between the law and political, social and economic conditions in Latin America taught by the dean and associate professor of law at Universidad de los Andes in Bogota, Colombia; and a chance to learn to use power and influence as effective
tools taught by the secretary general of Aspen Institute España. Still others provide step-bystep analysis of the requirements for crafting sports venue agreements, the complexities and legal doctrines related to representing professional athletes, and the process by which a substantial music-publishing catalog is acquired, from beginning to end. Sarah Cawood’s time in Professor Lesley Rosenthal’s one-week short course, “The Role of In-House Counsel in Non-Profits,” led to an internship at The Arsht Center for the Performing Arts. “I can’t believe how much I learned in Professor Rosenthal’s class in a week. What’s even more surprising is that through the class, I got this amazing internship opportunity,” she said. LL.M. student Rita Chertorivski also took Rosenthal’s course and spent the summer interning at the Arsht Center. Chertorivski, a lawyer who practiced corporate law in Mexico for 13 years prior to coming to Miami, said, “[Miami Law’s] short courses are often taught by practitioners who
Brandon Faza, a graduate student in the M.D./M.B.A. dual-degree program. “I hope the model provided by ‘The Idea of the Hospital’ spreads to all centers of higher education.” R
can teach you both the theoretical and practical side of the law. These professors are uniquely positioned to connect you with the outside legal world through valuable internships.” Innovative approaches to learning and the law extend far beyond the short courses. “The Idea of The Hospital: An Interdisciplinary Inquiry” provides a unique multi-faceted and comprehensive examination of issues, factors, concepts, and considerations involved in providing hospital health care. Spanning seven distinct disciplines, it brings together instructors from the Schools of Architecture, Business Administration, Engineering, Nursing & Health Studies, the Department of Epidemiology and Public Health, the Miller School of Medicine, and Miami Law. “The goal of our interdisciplinary course is to promote an integrated approach to the health care services provided in hospitals through the consideration of different perspectives, analysis, social understanding, and strategies offered by key disciplines,” said Sandy Abraham, Executive Liaison for Interdisciplinary Programs. Presented in seven intensive, eight-hour modules, the course covers everything from patient safety, design issues in a modern facility, and incentive models and management in hospital financing to “Engaging Communities to Ensure Equitable Access,” “Law and Ethics in the Hospital,” and entrepreneurship possibilities. “I believe that the educators of UM who are pioneering this course have hit the nail on the head,” said
LWOW X INNOVATING LEGAL EDUCATION AND PRACTICE
Miami Law’s faculty are continually updating their course offerings to address the rapidly evolving nature of the field. Professor Michele DeStefano is the founder and co-creator of LawWithoutWalls, a part-virtual collaboratory that brings together over 400 students, faculty, practitioners, academics, entrepreneurs, business and law students, and venture capitalists from around the world. The goal, as its website aptly describes it: “to innovate legal education and practice, to engage on the burning issues facing the legal profession, collaboratively solve legal problems, and develop the skillsets needed to thrive in the new, global legal marketplace.” In 2014, she expanded her original vision into an entirely virtual version, LWOW X, a revolutionary pilot designed to hone global
teamwork, cultural competency, project management, technology, leadership, and innovation skills among students, schools, and partners worldwide in a cost-efficient manner. Over a three-month period, 21 students from seven schools— Miami Law; University of Montreal; University College London; IE University; the Graduate Institute, Geneva (IHEID); the University of East London; and École HEAD— participated. This year LWOW X will be offered to all 26 law and business schools that are a part of the LawWithoutWalls community. “LawWithoutWalls is designed to break down the walls that exist between education and practice, academics and lawyers, students and professors,” said DeStefano. “It connects institutions and people from around the world to collaboratively problem solve law’s biggest problems. In the process, LawWithoutWalls develops professional service providers to meet the demands of the 21st century.” LWOW X, she said, “attempts to accomplish the same goals and hone the same skills but participants do not meet in person. Instead, all community-wide interactions are conducted entirely on line via Adobe Connect, which enables over 100 people to connect, chat, and project their videos in real time from individual locations. Additionally, LWOW X hosts LWOW Locals in various locations that enable pockets of LWOWers to gather together in person to debate hot issues in legal practice and education. These Locals are live streamed to the broader community.”
COVE R S TORY
MI A MI LAW maga zi ne | FA LL 201 4
INNOVATING into the
One of the newest virtual offerings is “LWOW X Compliance.” Led by DeStefano, it’s an outgrowth of “Compliance Elliance,” a course originally designed by Professors David Abraham, Rick Williamson, Rob Rosen, and Hendrik Schneider (University of Leipzig). Its origins lie in “a shared interest” in compliance issues discovered as a result of the Leipzig seminar, Abraham said. LWOW X Compliance now connects students at Miami Law and 25 law and business schools around the world who want to explore the evolving realm of compliance and compliance-related issues in a dynamic global reality. Its aim, said Abraham, is to bring together students, “who have both deep interest in these issues and who seek to proceed to study them in ways that are cutting edge, avant garde ways to look at these issues by talking with people in industry, in law, in government, on both sides of the ocean, and to do so using the highest technological tools available to us today.” In the words of inaugural Eversheds Fellow for LawWithoutWalls, Erika Concetta Pagano, J.D. ’13, the offering “brings together like-minded students from both universities to work together in teams of two to address, discuss, and explore topics dealing with compliance in today’s globalized world. Some tackle challenges. Some look at case studies. Some make recommendations. But all students work together, learn, engage in crosscultural communications, develop their cultural competencies, and help to assist in moving forward the global dialogue about compliance.”
DeStefano’s on-campus class “Innovation, Technology, and the Legal Profession,” considers the economic pressures, technological changes, and globalization facing practitioners in the 21st century. It takes a global perspective as it examines the latest innovations, advances, and entrepreneurial efforts in the legal profession. Topics covered include the importance of marketing and branding in law, the technique of innovating in teams and how that applies to law practice, and client development and networking using social media. The lessons are practical, not theoretical. Students explore case studies of alternative business structures, as well as innovative legal services and law-related services ventures. And they’re shown how forward-thinking professionals are incorporating mindful techniques for more effective lawyering. Changes affecting the practice of law are not just the result of new technology. Competing environmental, residential, and industrial interests create myriad issues in the coastal zone, where three-fourths of the U.S. population is concentrated. Manufacturing, refining, power generation, ship-building, off-shore oil and gas development, and fisheries all vie for survival along the same shore-lines that provide sources of beauty, recreation, food, and safety for residents. Those human endeavors threaten delicate ecological balances. Courses in “Energy Law” and “Environmental Law” probe the changing realm of law, regulation, and policy, and the challenges of attempts to reconcile the various interests at play. Taught by Professor Felix
Mormann, “Energy Law” specifically examines the electricity sector’s market structure and the legal and policy questions affecting various forms of power generation, from nuclear to natural gas and renewables. In “Environmental Law,” Mormann takes students through the range of applicable federal statutes, including the Clean Air Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act, and leads them through a consideration of different approaches to environmental regulation, from command-and-control to incentivebased and information-disclosure. The legal ramifications of the latest court rulings and legislation are the subject of two courses that provide students with an opportunity for an analysis that’s both cutting-edge and in-depth. Miami Law Vice Dean Patrick Gudridge’s “Constitutional Law III: The Current Moment” does just what its name says: it examines the constitutional questions raised by cases the U.S. Supreme Court has decided to hear in the current term—even before the opinions are issued. As the questions at hand in the cases raise unique issues, the content of the course continually delves into new areas, novel arguments, and their impact. Exploring the implications and issues involved in “implementation the Affordable Care Act (ACA)” also takes students into the latest legal developments and their effect. Professor of Law and Dean’s Distinguished Scholar for the Profession Frances R. Hill teaches students about the major elements of
Cover Cover J
ohn M. Barkett’s interest in electronic discovery (or e-discovery) began by serendipity. One morning, there were three simultaneous presentations at the 2002 ABA Section of Litigation annual conference. The first two were sparsely attended; the third was standing-room-only. The topic centered around electronic discovery and groundbreaking decisions coming out of the U.S. District Court for the Southern District of New York by Judge Shira Scheindlin, who also was the speaker. It was the Miami-native’s epiphany moment. “What I realized was this was malpractice in-waiting,” said Barkett. He would return to his firm and organize a seminar for the attorneys. “I was terrified that people would be violating duties to preserve because they didn’t realize that electronically stored information can disappear with a stroke on a keyboard,” he said. Barkett would start researching and writing on the subject. At Miami Law in 2007, he began teaching “Electronic Discovery”— one of the only courses offered at any law school at the time on the subject and would go on to publish two books, E-Discovery: Twenty Questions and Answers and The Ethics of E-Discovery. Barkett has a long and storied career in environmental litigation, and has, since 2003, served as Special Master overseeing the Consent Decree that governs implementation and enforcement of the Florida Everglades Restoration. He is also a worldwide problem solver and peacemaker, serving as arbitrator and mediator in environmental, commercial, and reinsurance disagreements. The E-Discovery class at Miami Law started out as an experiment. “I proposed this class; I created it from whole cloth and it became the basis for my first book,” Barkett said. The class took off. Even though he teaches at 7:30 am to try to manage the size, this year’s class is bigger than ever. “It is knowledge that gives students an edge when interviewing,” he said. “Some law firm partners may have a grasp of legal issues but not on the technical ones. What I try teach are practical skills that will be instantly valuable to an employer. Law firms are desperate for people with e-discovery skills. To be able to step right in and offer value is important.”
COVE R S TORY
ACA and about the lawyering skills they’ll need to deal with administrative agencies. The course focuses on the core elements of the Act: establishing the health insurance exchanges, defining the minimum essential coverage required, implementing the tax credits and penalties, and tracking state decisions regarding participation in Medicaid expansion. It is a far from static study. As the course description explains, “Several states are at various stages of negotiating waivers of specific requirements. Implementing the ACA is an ongoing process of dealing with federal and state administrative agencies.” Laws change. So do the expectations of lawyers. Professor William H. Widen’s course offers a rare—and extremely specific—examination of the role of “The Corporate Lawyer.” The laser-focus excludes noncorporate business entities, such as partnerships, limited liability companies, and business trusts. It similarly places attention on specialized corporations such as non-profit, professional corporations formed by doctors or others, banks, or insurance companies. The intent is to help students develop “an eye for detail” which is critical for success in the corporate environment and to teach them about the preparation and significance of certificates of incorporation, by-laws, resolutions, incumbency certificates, certificates of good standing, debentures, preferred stock, prospectuses, registrations statements, legal opinions, and other instruments common within the area of practice.
JOHN M. BARKETT
MI A MI LAW maga zi ne | FA LL 201 4
INNOVATING into the
It’s a novel approach to the area of study, aimed at real-world application. An equally groundbreaking form of coursework is found in the “Washington, D.C., Semester in Practice,” which combines an externship with coursework in the nation’s capital. Offered for the first time during the Spring 2014 semester, the 12-credit program places 2L and 3L students in various government agencies, non-profits, and advocacy organizations, including the Environmental Protection Agency, the Department of Health and Human Services, the Washington, D.C. Office of Police Complaints, the Department of Justice, and the U.S. Commission on International Religious Freedom, among others. The goal of the course, taught by Professor Charlton Copeland, is to provide comprehension of the institutional, political, and legal contexts in which policymaking and implementation take place. “Regardless of whether one’s primary practice focus is legislative advocacy and lawmaking, policy advocacy and implementation in administrative agencies, or litigation,” Copeland said, “the practice of law is strengthened by the knowledge and appreciation for the connected nature of these policymaking forums.” It’s an important perspective. And it reflects Miami Law’s emphasis on innovation. Whether it’s guiding students through the maze of policymaking, the quickly changing advances in technology and techniques, or the intricacies and impact of the latest rulings and regulations, the school and its faculty know that preparing lawyers for the future calls for a curriculum that is
constantly adapting to the world of law today, with an eye on its impact on tomorrow. “Legal Informatics,” taught by adjunct professor Tarek Sayed, connects the rapidly expanding field of informatics to law, and explores its application within the context of the legal environment. The course looks at the use of Big Data, data mining, and social media, as well as the futuristic function of machine intelligence in legal analysis. “It’s a hot area,” Sayed said. “How we will do ‘intelligent law,’ meaning how we will use machine intelligence and machine learning to really have computers predict the outcome of cases, having the computer really be the smart computer that will answer the question of, do I have a case? That will answer legal questions and provide legal analytics that will help lawyers and clients actually perform those types of questions and analytics around the decisions and the outcome of cases. Those are future things, but the legal community is looking at that now.”
MiamiLex LEGAL SOLUTIONS CENTER
This year, Miami Law also launched a truly groundbreaking alliance, MiamiLex, to offer cutting-edge legal and technology services to major law firms, boutique litigation practices, and large corporate clients. The unique combination of University of Miami School of Law graduates and students along with UnitedLex’s technology and processes provides first-rate legal professionals and best-in-class legal
services in the fields of litigation support, contracts, immigration, and intellectual property. MiamiLex professionals receive practical and, continuing legal training, including certification testing in such fields as e-discovery and litigation management, forensics evidence and analysis, and risk and cost forecasting. At the same time, MiamiLex offers clients invaluable legal services and professionals utilizing the most efficient, effective and scalable technology available at the most costeffective price. “A 21st century lawyer will need to understand the role that innovative uses of sophisticated technology will increasingly play in the design and provision of legal services,” said Patricia D. White, Dean and Professor of Law at Miami Law. “MiamiLex will allow us to expose our students and recent graduates to complex client challenges requiring expertise in state-of-the-art technology and process design. More importantly, it will also provide a major source of law school funding including scholarship money for our students. By creating this alliance we are establishing a groundbreaking new model for helping to fund legal education.” Miami Law seminars, workshops, courses and conferences also tackle the intersection of technology and law, now and in the future. Founded by Professor A. Michael Froomkin, the annual WeRobot conference has grown into a gathering of lawyers, roboticists, ethicists, philosophers, and others hailing from Australia, China, Europe, South America, and all over the United States. Together they present papers and engage in panel discussions examining the impact of the increasing
FUTURE prevalence of robots and robotic systems in society. Discussions at the meeting on the University of Miami campus in April included the development of a code of ethics for human-robot interaction, the commercial diffusion of “friendly robots” in society, and Froomkin’s own questions about “Self-Defense Against Robots.”
It’s far from far-fetched. Froomkin pointed to situations that are all too real, yet exist in still murky regions of the law. “May a landowner legally shoot down a trespassing drone? Can she hold a trespassing autonomous car as a security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot?” Miami Law also hosted CONVERGE! Re-imagining the Movement to End Gender Violence, bringing together over 200 survivors, policymakers, academics, practitioners, and students for a vigorous and often emotional two-day discussion. Professor Donna Coker, a leading expert in the field of gender violence, conceived of the conference more than two years earlier.
“By focusing an entire conference on the structural inequalities that create and maintain violence, CONVERGE! was a major milestone in the movement to end gender violence,” she said. “The U.S. response to domestic violence and sexual assault is more and harsher criminalization, but research shows a very high correlation between increases in male unemployment and increases in domestic violence by men against female sexual partners. We should recognize that jobs, education, housing, childcare, and economic security are key components of our work to end gender violence.” Approved for CLE credit, the conference provided imaginative discussions, including “Structural Inequality and Gender Violence,” “Alternatives to Criminal Justice Strategies,” and “Reframing Gender Injustice as a Violation of Human Rights,” among others.
“CONVERGE! reflected a hunger for a conversation about alternatives to criminalization of gender violence and a desire to reach beyond silos to bring the many struggles that make up the gender violence movement
together,” said CONVERGE! Co-chair Leigh Goodmark, Co-Director of the Center on Applied Feminism at the University of Baltimore School of Law. “Thanks to CONVERGE! we have set the stage for the challenging but hugely rewarding work that needs to come next, thinking about what those alternatives might be, how to develop and fund them, and how to fight the forces that would continue to keep us divided and to marginalize low income communities, communities of color, immigrants, LGBT people, and others who experience gender violence. We left the conference excited, exhilarated, and ready to work.” A unique collaborative effort between OUTLaw, the University’s LGBT student advocacy group, and the Miami Law administration resulted in the Marriage Equality Series, examining the myriad practical implications flowing out of the Supreme Court’s decision in U.S. v.Windsor. Incorporating a novel interdisciplinary approach, series lectures were offered both as a formal course with academic credit for students and as a CLE course for practicing attorneys. The series began by discussing the history of marriage generally, as well as the history of the marriage equality movement within the LGBT community, followed by discussion on the substantive law of the Windsor decision itself. From there, each of the subsequent lectures touched upon the nuanced issues that have arisen in the months since the decision was handed down—such as conflict of laws, family law, estate planning, federal regulatory benefits, and tax and immigration. In the final lecture, some of
COVE R S TORY
INNOVATING into the the marriage equality movement’s preeminent activists discussed the future of the legal landscape surrounding a possible future grant of marriage equality across the states. The panelists included Kevin Cathcart, Executive Director of Lambda Legal; Kate Kendell, Executive Director of the National Center for Lesbian Rights; and Ted Uno, Partner at Boise Schiller and participant in the Prop 8 litigation, Hollingsworth v. Perry. “The last lecture was the perfect demonstration that the law is changing for the better,” said Sean Maye, last year’s co-President of OUTLaw. “Both the older and younger generations of the LGBT movement can now come together under a common, shared experience.”
MI A MI LAW maga zi ne | FA LL 201 4
Elizabeth Schwartz, Miami Law alumna and co-organizer of the course, added, “I could never have dreamed that not only would we have come so far on this issue generally but that marriage equality would be within reach here in Florida. I look forward to seeing where this conversation goes from here and know that Miami Law will continue to be at the forefront of addressing the legal issues which impact the LGBT community.” Similarly cutting-edge discussions of the law are taking place on Jotwell, the Miami Law-sponsored blog “Journal of Things We Like (Lots).” Jotwell is yet another innovation founded by Professor A.
Michael Froomkin, designed to cut through the clutter of scholarly legal writing, and to call attention to worthy items that could fall into obscurity.
JOTWELL THE JOURNAL OF THINGS WE LIKE (LOTS)
As the online site’s mission statement puts it: “Never in legal publishing have so many written so much, and never has it been harder to figure out what to read, both inside and especially outside one’s own specialization… other than asking the right person, there’s no easy and obvious way to find out what’s new, important, and interesting in most areas of the law. “Jotwell fills that gap.” In short, it’s the Trip Advisor of legal scholarship, with section editors from law schools across the country serving as travel guides and “reviewers” of what they consider to be the most significant recent works. The 500- to 1,000-word essays are organized in sections such as cyberlaw, criminal law, courts, and torts. Unlike traditional law “reviews,” though, the editors are faculty members, not students. The focus on impact also led to the creation of Miami Law’s new International Arbitration Institute (IAI). With Miami as a backdrop as one of international arbitration’s most crucial hubs, the Institute is ideally situated for professional development,
learning and networking with the world’s best. Headed by Professor Jan Paulsson, the former President of the International Council for Commercial Arbitration, immediate past President of the London Court of International Arbitration, a former Vice-President of the International Court of Arbitration of the International Chamber of Commerce, and a member of the Permanent Court of Arbitration in The Hague, the Institute offers students unparalleled opportunities for research and study under the sustained and personal guidance of preeminent arbitration scholars and practitioners. The Institute is an embodiment of the University of Miami’s long tradition of engagement with the law of arbitration and strives not only for progress through the education of the new generation of arbitration lawyers, but also for progress through research in international arbitration. Additional practical learning opportunities for students include the opportunity to participate in moot arbitration competitions in a variety of specialized international commercial and investment arbitration competitions in Buenos Aires, Frankfurt, Madrid, and Vienna.
“Beyond the readings and lectures,” said LL.M. student Matt Weber, “our professors made sure that we were given the opportunity
SCOTT ROGERS, LECTURER IN LAW AND PROFESSOR AMISHI JHA
Research and Practice Initiative and serve as its directors of Contemplative Neuroscience and of Programs and Training. UMindfulness is an inter-disciplinary, university-wide collaboration combining cutting-edge brain research and mindfulness/ contemplative practice training. The contemplative training aspect helps to optimize performance, enhance wellness, and promote resilience. Ongoing research projects aim to determine the basic brain mechanisms underlying contemplative practice and involve military cohorts, University students, and medical, legal, and other professionals. Christina Sava, J.D. 2014, found that mindfulness courses prepared her not only for her future career, but also her academic present. “Law school can be a trying time for students, and I think the Mindfulness in Law program really offers some reprieve from the pressure, and a new, refreshing way to experience the three years in law school,” she said.
She came away changed, she said, in ways she sees will shape her throughout her career. “From what I’ve seen, mindfulness also greatly benefits those professionals who have a personal practice, and so law school is a great time to learn about and establish these practices so that they can stick with us as we move into our careers.” Providing that preparation is at the heart of Miami Law’s mission. With its view firmly on the future, its dedication to innovation, and its focus on impact, it stands at the forefront of legal education, readying the lawyers and leaders of tomorrow for the challenges they will face.
COVE R S TORY
to meet and network with some of the top practitioners in the field. As a result, many of us developed mentoring relationships with world renowned international arbitration attorneys that will thrive long after graduation.” Other Miami Law innovations merge practices of the past and present to prepare students for the realities of tomorrow. Scott Rogers, the founder and director of the University’s Mindfulness in Law Program, is teaching students and faculty alike how age-old insights have fresh relevance and offer techniques that not only reduce stress and increase the quality of life, but can help practitioners develop very practical and necessary skills to apply in the increasingly complex field of law. Specific courses in ethics, leadership, and the practice of law teach the use of mindfulness in substantive and procedural areas including trial practice, mediation, negotiation, and judicial decision-making. “It offers students that direct application of mindfulness in areas that matter to them,” Rogers said. The aim for students, he said, is to “learn the skills and have a set of tools so that when we find ourselves in these difficult and challenging and adversarial and professionally daunting situations we can somehow ride through it without really even trying in that moment because something was already inside us, because the wisdom and compassion was sort of rising up spontaneously.” The application and study of mindfulness techniques reach across the University. Rogers and Professor Amishi Jha co-founded the University of Miami’s Mindfulness
Bernard Siegel, B.A. ’72, J.D. ’75
BERNARD SIEGEL, ’75
Embraces a BRAVE
By Catharine Skipp
MI A MI LAW maga zi ne | FA LL 201 4
n first grade, Bernard Siegel wanted to be a scientist. It was a germ that would lie dormant well past his years studying political science and history at the University of Miami and through Miami Law. Never mind that he hung out a shingle and was a 27year courtroom attorney; co-owned a minor league basketball team; or was Commissioner and owner of an “indie” wrestling promotion. One day, the germ would reappear, and Siegel would be the right man in the right place at the right time. On December 26, 2002, a group, backed by a U.F.O. sect that believes life was cloned by extraterrestrials, claimed they had cloned Baby Eve, the world’s first human clone. The company made the announcement at a hotel in Florida, thereby setting off a global media firestorm. Siegel had an interest in cloning, especially after his daughter had penned a science paper
on Dolly, the first cloned mammal. As a member of the bar, Siegel knew that any person aware of an exploited or endangered child could petition the court to appoint a temporary guardian to ascertain the child’s safety. His instincts, honed in professional wrestling with such characters as the Cuban Assassin, had taught him how to spot a fake. Siegel had fought and beat cancer in the 1970s and from that would come a heightened determination. “I would take certain risks if I thought they were right, and I had the ability to do them,” he said. Method. Motive. Opportunity. It didn’t hurt that the only child from Richmond, Virginia, grew up during the “Space Race.” He was seven when the Soviet Union launched the Sputnik satellite, the first man-made object in outer space. Conquering new frontiers crowded the headlines of the time. The next decade would see the U.S. States and U.S.S.R. launching manned craft into orbit,
culminating in the first moon landing by Apollo 11 in 1969. That summer, Siegel watched the moon walk on television, just weeks after his father’s sudden death. It was a very tough summer. By fall he had decided to come back to UM for his sophomore year, instead of a nearby school. He had met a girl at the end of his freshman year; the memory of that date was tugging him back to Miami. During Siegel’s teenage years, another seismic change took place that would imprint his world. His high school would integrate. He not only witnessed the bravery of the first few African-American students, but “it showed me how society can be changed for the better.” The final ingredient for the man he would become was his love of reading about science, history, and politics. One of his historical heroes is British statesman Benjamin Disraeli, prime minister in the Victorian era. “I admire him not for his politics, but for his perseverance, courage in the
face of prejudices of the time and his astonishing and colorful background as a political novelist. He was a romantic adventurer of the first rank who, against all odds, climbed the ‘greasy pole’ to become the leading statesman of his day.” Siegal draws inspiration from history based on the premise “with public sentiment nothing can fail; without it nothing can succeed.” The work he does now at the Genetics Policy Institute creates public appreciation for cutting edge science, like stem cell and regenerative medicine. That five-page petition filed on December 31, 2002 would prove to be the fulcrum on which Siegel’s life would turn. Within days, he was appearing on CNN and every other network, in the pages of The NewYork Times, and quoted in practically every leading newspaper on the planet as the mouthpiece of the skeptics, with the full force of the medical and scientific communities behind him. The court case proved that Clonaid was a “sham” and their claim was widely perceived as no more than a publicity stunt. “This was the first chance to protect the interest of a cloned child and there was great seriousness of purpose,” he said. “The intersection of biomedical research and technological advancement with the political side relating to stem cells and cloning were converging back in 2002 when an opportunity came up in what people now call the ‘cloning case,’” Siegel said. “I recognized it as a ‘work’ but it was being portrayed as real. As a cancer survivor, and someone who believes in biomedical research and knew something about cloning, it seemed that if we could get a
temporary guardian for the alleged cloned child, we could bring everyone to court to test the truth by putting everything in the public record. “I knew these people were negatively impacting the field of research,” said Siegel. “The case came at a time when President Bush spoke of stem cells and cloning in the State of the Union address and where testimony was being heard in Congress and presented before the National Academy of Sciences. Lawmakers were stampeding bills that would ban cloning babies and possibly cloning stem cells, a form of stem cell research that can have great benefit to mankind.” The case would bring Siegel together with those on the forefront of legitimate scientific and policy advocates. By month’s end, he would walk away from his legal practice to found the non-profit Genetics Policy Institute (GPI), to give voice to patients, doctors, and researchers in the regenerative medical community. GPI has filed amicus briefs supporting federal funding of stem cell research and draws together the stakeholder communities. In 2004, Siegel and GPI played a crucial role in spurring a global movement to successfully lobby the United Nations to reject a treaty that called for a prohibition of therapeutic cloning, also known as nuclear transfer. His organization forged a movement galvanizing supporters to fax more than 35,000 letters to the UN, organized a conference in UN headquarters with leading scientists, and presented a video message from actor and patient-advocate Christopher Reeve. These efforts eventually helped
Alumni derail the treaty altogether. Siegel initiated the Stem Cell Action Coalition (an alliance of more than 100 patient groups, universities, and research labs), is the leader of the “Pro-Cure Movement,” and founded the annual World Stem Cell Summit series of global conferences. He started and is editor-in-chief of the acclaimed peer-reviewed journal World Stem Cell Report. As a recognized policy expert on stem cell research, regenerative medicine, and cloning, Siegel works with the world’s leading researchers and advocates, as well as grassroots activists throughout the world. He has presented as a keynote speaker and panelist including at the United Nations, World Congress for Freedom of Scientific Research in Rome, German National Academy of Science, International Stem Cell Forum in Beijing, the Association of American Law Schools, and the American College of Trial Lawyers. And the girl he returned to UM to woo? Sheryl, B.ED. ’72, has been his wife for 42 years, is the mother of their two children, and has been his partner in every way. During the days of the wresting federation, she even manned a table hawking T-shirts and memorabilia. “I learned early on that if Bernie had a passion for something, I had to jump on board and be with him,” she said. “He promised me travel and I’ve been to cities I likely never would have seen in my life. We’ve met Nobel Laureates, political leaders, and so many fascinating and inspiring people around the world. I’m a proud spouse who sits in the front row, thrilled and excited for how far my college sweetheart has taken this.”
IN N OVA TIV E AL UMN I
GLOBAL IP MARKET MAKER MAKES A DIFFERENCE
MI A MI LAW maga zi ne | FA LL 201 4
HORACIO GUTIERREZ, ’98
Horacio Gutierrez, J.D. ’98
By Mary Lynn Lyke
oracio Gutierrez, J.D. ’98, already had three legal degrees when he came to Miami Law. He was also a full-time international consultant for a Miami law firm. But the native Venezuelan—today a powerful figure at Microsoft Corporation—needed
a J. D. degree before he could sit for the state bar, so he signed onto an exhausting schedule at Miami Law. He studied at night, on weekends, in the summer, working full-time, helping raise his family, and graduating summa cum laude. “Were it not for the understanding that the dean of the law school and the dean of students had of my situation,
the flexibility they showed, the mentorship they offered me to be able to navigate the requirements, I may not have gone to law school and attained a J. D. anywhere in the U.S.,” said Gutierrez, a distinguished 49-year-old who speaks with a light Latin American lilt, his hands emphasizing his words. For the past eight years, he has held the influential role of corporate vice president and deputy general counsel in charge of Microsoft’s worldwide intellectual property group. It’s a heady post with enormous responsibilities. At the top of the list is protecting, developing, and maintaining a massive portfolio of more than 37,000 patented innovations. “The job of managing the intellectual property is critically important to the success of the firm,” said Marshall Phelps, who held the position at Microsoft before Gutierrez, and convinced the talented up-and-comer to be his successor. Phelps, CEO at Article One Partners, describes Gutierrez as confident and extremely bright, someone who sees nuances that other people just don’t get. “He’s also genuinely nice—even if you’re on the other side of the fence from him.” Gutierrez has waged and won his share of fierce legal battles protecting Microsoft’s patents, copyrights, trademarks, and trade secrets. It’s a Herculean task at a company that invests more than $10 billion a year on research and development innovations. But he’s best known for his skills as a savvy deal-maker, an IP boss whose Microsoft team
IN THE FIELD would rather negotiate than litigate, cutting headline-grabbing licensing agreements with the Novells, Nokias, and Samsungs of the high-tech world. Licensing agreements allow companies to use intellectual property rights as a kind of currency to trade with one another and make deals in a “business-like manner,” outside courts, said Gutierrez, who took over his post just three years after Microsoft announced it would begin licensing its IP rights to other companies. Bartering IP rights is a new way of doing business in an era of rapidfire technological advances. It speeds products to market faster and spurs innovation, said Gutierrez. Several decades ago, a company might have created every component of its products in-house. Today, a single product from a company can have patented components from hundreds of companies. Gutierrez points to the smartphone, which contains what might have been dozens of devices a decade ago. It’s a phone, a digital music player, a GPS device, a high-definition camera, and video recorder. Apply a software-enabled app and it can be almost anything: flashlight, starfinder, Scrabble board, drawing tablet. All those separate components are developed by separate companies with separate patents, linked through a 21stcentury labyrinth of licensing. “When you get any consumer electronics product in your house—a television set, a stereo—you pull it out, unwrap it, plug it into the wall, and you start using it.You can feel it, see it, touch it. What you don’t see is the intricate web of intellectual property licensing arrangements that preceded the purchase of the device
by you and existed among dozens of Asian, European, and U.S. companies,” said the Miami Law alumnus, who was named the No. 1 most influential global IP market maker by the Intellectual Asset Management Report. Along with a reputation for making deals, Gutierrez has earned a reputation for making a difference in his field. He is founder of the groundbreaking IP Law Institute, a week-long program supported by Microsoft and the Hispanic National Bar Association that introduces Latino law students to the profession and its practitioners. The goal is to boost what he describes as the “severely” low number of Hispanics practicing IP law. Miguel Alexander Pozo, national president of the Hispanic National Bar Association, worked closely with Gutierrez in developing the institute. “His passion for helping others, for advancing the interests of law students, and for empowering the Latino community is unparalleled,” said Pozo. Gutierrez grew up a lawyer’s son in Maracaibo, Venezuela. As a boy, he played with his father’s books on law, history, and political science long before he could read them. At the age of 16, he talked his parents into letting him move to the capital of Caracas to study law at the prestigious Universidad Católica Andrés Bello; on summer break, he enrolled in his first software coding class and “fell in love.” At the Caracas university, he earned two degrees: a bachelor of laws degree and a specialization diploma in corporate and commercial law. Degree No. 3 brought him to America for studies as a Fulbright Scholar at Harvard Law School. He earned his LL.M. there in 1991. Studying for his fourth degree
at Miami Law, Gutierrez, who’d come from a civil law background in Venezuela, immersed himself in the U.S. common law system, taking foundational courses in constitutional law, contracts, torts, and other building blocks of the American legal system. He weighed the two systems, studying differences and commonalities. “For me, every class was an exercise in comparative law.” He describes the environment at Miami Law as encouraging and supportive. Over the course of his studies, his professors became his mentors and his friends. Many remain so today. “That experience is unlike anything I had anywhere else,” said Gutierrez, who has also served as adjunct lecturer at the school and last year was named Lawyer for the Americas by the school’s InterAmerican Law Review. Gutierrez had just graduated from Miami Law when Microsoft started calling. He signed on in 1998 as lead attorney for corporate and commercial legal matters in most of Latin America and the Caribbean. The software giant’s “cutting-edge legal opportunities” have immersed him in everything from international contracts to crossborder counterfeiting, government surveillance, telecommunications, and privacy rights. Before taking the IP lead, he had a four-year stint in Paris as associate general counsel for Europe, Africa, and the Middle East. The keen legal scholar is ready for whatever comes next, including a new leadership role as Corporate Vice President and Deputy General Counsel of the company’s products and services group. “No one at Microsoft has put a limitation on what I am expected to do—and I certainly haven’t put one on myself.”
IN N OVA TIV E AL UMN I
Carolina Garcia Jayaram, J.D. ’04
CAROLINA GARCIA JAYARAM, ’04
CHAMPION of the
By Mary Lynn Lyke
MI A MI LAW maga zi ne | FA LL 201 4
ven at a tender age, Carolina Garcia Jayaram, J.D. ’04, looked at creative endeavors with an entrepreneurial eye. She was only eight years old when she and a friend launched one of their early startups—a T-shirt business, doomed to failure. It took them six hours to make one shirt. “Highly untenable,” said Jayaram, now CEO of Chicago-based United States Artists, one of the art world’s largest grant-making advocacy organizations. Artistic and ambitious, she was also, she admits, an “argumentative child”—destined to be a competitive debater, and, one day, a lawyer. But the arts came first. In 1995, she entered the New School University, majoring in literature and creative writing. “I wanted to be a poet, but I realized it was unlikely I’d be successful,” she said. After several ventures—including cooking school and a start-up catering service—she realized her ultimate vision was to run her own non-profit. She decided law
school would give her the background to do it. “I knew I did not want the life of a lawyer in a firm, but I thought a legal education would give me a different kind of depth, understanding, and set of tools for the things I wanted to do.” Her affinity for the arts—and the business of the arts—led to a different kind of startup her first year at Miami Law. In the wake of the newly arrived Art Basel Miami Beach art fair, Jayaram’s artist friends were beginning to gain critical attention and gallery representation. She saw that they were unprepared for the business legalities surrounding their new success: the negotiation of contracts, the protection of intellectual property rights, and vital business skills. So she did what any high-energy, visionary, super-achiever would do: She helped start a non-profit dedicated to providing artists legal aid. Her partner at LegalArt was fellow student Lara O’Neill, J.D. ’02. Their goal was for lawyers to work one-on-one with artists on a pro bono, reduced rate, or barter basis. “We were the brokers. We would go to a community of lawyers and ask, ‘Who is interested in this case?’ then set up relationships between artists and lawyers,” she said. “Unlike other legal aid organizations, we helped artists on all legal matters, not only those related to their art practice. That part was very important to us.” After graduation, Jayaram continued to work several years directing LegalArt, which has evolved today into Miami’s thriving Cannonball arts organization. She remains an active board member at Cannonball, which provides not only in-house legal advice, but professional
development and live/work space for local, national, and international artists, curators, and scholars. The marriage of the arts and the law would prove long-lasting for Jayaram, who, a decade after graduating from Miami Law, has earned a reputation as a ferocious arts champion, fighting for economic prosperity, support structures, and serious respect for artists. “She has taken her passion for the work of creative individuals and her belief in their power to transform communities and is transforming the way in which America’s artists are being recognized and supported,” said Michael Spring, director of the MiamiDade County Department of Cultural Affairs. Jayaram was drawn to Miami Law by the school’s strong commitment to public service and community outreach. “A lot of law schools tend to be inward-looking,” she said. “The University of Miami School of Law is not like that. It seeks to improve the community and inspires its students to do the same.” She took part in the Center for Ethics and Public Service’s clinic program, working on an innovative partnership between the law and architecture schools that helped create a land trust for Coconut Grove’s historic district. Her commitment to community outreach earned her fellowships with both the Miami Foundation’s prestigious Miami Fellows Initiative and the law school’s HOPE Public Interest Resource Center, where professors applauded her work on LegalArt. “She was extremely dedicated and tenacious, working across disciplines to build the non-profit,” said HOPE director Marni
each year—was founded in 2005 by the women presidents of four major American foundations. The benefactors were motivated by draconian cuts in federal arts spending and a national study that looked at key factors affecting artistic success, including noties-attached funding. Today, the organization has given close to $20 million in grants, affecting the lives of almost 400 of the nation’s top artists in eight artistic disciplines. Grantees include everyone from Pulitzer Prize-winning author Annie Proulx and choreographer Bill T. Jones to celebrated photographer Catherine Opie. “When Catherine Opie got the award, she said, ‘Wow! I can finally buy the camera I’ve been needing for years,’” said Jayaram. “I was shocked that someone of her stature couldn’t get the camera she needs—that artists are struggling, even at that level.” The $50,000 grants are unrestricted, giving artists the freedom to take chances, try out new media, and expand on ideas. “Our fellows are already accomplished artists,” said Jayaram. “The problem for them is often, do they continue to lean on the things that they know will be wellreceived? It’s hard to take risks when your livelihood’s at stake. But this infusion of grant money allows them to try out new things.We seed experimentation.” Her goal as CEO is to not only invest in artists but to illuminate their value to society. “They are our translators, helping us understand the world around us, whether it’s politics, environmental issues, human rights, or exposing new ways of understanding beauty and aesthetics,” she said. “They see and interpret our environments in a way that other people can’t.”
Lennon, Assistant Dean for Public Interest and Pro Bono. “She did not get caught up in the day-to-day so many students get immersed in—she took what she was doing in the classroom and applied it to the community.” Taking the reins at United States Artists, Jayaram headed the Chicago Artists Coalition, where she breathed new life into a last-gasp organization. “A formidable force for change,” the online art news resource Bad At Sports called her. Her mission at CAC was to build a sustainable marketplace for artists and sharpen their entrepreneurial acumen. Instead of waiting in studios to be discovered, she argued, they could put on a business hat, go into action, and become their own best representatives. “The new generation of artists is much savvier about this. They want to know about the market, want to drive the marketplace. When they understand that they can take charge of the business around them, it opens up a new world,” said Jayaram, who was named “Chicagoan of the Year” in the arts for 2014 by the Chicago Tribune. The Miami Law alumna took over as head of United States Artists in February this year, relocating the organization from Los Angeles to Chicago. She said she uses lessons learned at law school every day on the job, whether she’s working on legal issues or mixing with people in power. “One of the valuable things I learned at the law school is the awareness of the way myriad types of businesses work from the inside,” she said. “A lot of people are intimidated by the seeming complexities, but because of law school, I’m much less so.” United States Artists—which gives $50,000 grants to 50 top artists
IN N OVA TIV E AL UMN I
got start at MIAMILAW
Burton M. Cohen of Las Vegas passed away at the age of 90.
1953 Hon. Seymour Gelber was honored with the naming of the new children’s courthouse in Miami-Dade.
1957 Sonia Pressman Fuentes, founder
of the National Organization for Women, was one of ten inaugural inductees into the Monticello Central School District’s Hall of Distinction in Monticello, NY.
Robert A. Bertisch was honored with
the Inauguration of the Rule of Law award and the Civility Honor by Temple Beth El at the 5th Annual Project Nuremberg Lawyers Luncheon. Thomas E. Cazel, distinguished Ft. Lauderdale criminal defense attorney, passed away on March 8.
1966 Julian H. Kreeger was honored at
Classical South Florida’s fourth-annual Dr. Sanford L. and Beatrice Ziff Honors for Outstanding Contributions to the Arts for his support of Friends of Chamber Music.
1967 Barry S. Richard, a shareholder in the Tallahassee office of Greenberg Traurig, has been listed in the 2014 Chambers USA Guide.
1968 Neil S. Rollnick, a partner with the law
firm of Hinshaw & Culbertson in their Coral Gables/Miami office, has been named by Chambers USA as a Leading Lawyer in the Real Estate category for 2014.
1969 James R. Brindell, of counsel at
Gunster, was honored as 2014 Lawyer of the Year for Land Use & Zoning Law in West Palm Beach by Best Lawyers.
University of New Hampshire and principal of the Somersworth firm MedEthics Consulting, was appointed to the Board of Directors at Cornerstone VNA.
1977 The Honorable John W. Thornton, Jr., Miami-Dade Circuit
Court Judge, was the recipient of the MiamiDade Chapter of the Florida Association for Women Lawyers Theodore Klein Award.
1978 Hon. Federico A. Moreno, Chief
The Honorable R. Fred Lewis,
Florida Supreme Court Justice, was recognized by the Attorney’s Division of the Greater Miami Jewish Federation with the 2014 Lifetime Achievement Award.
newest book in the Lassiter series: State vs. Lassiter. The book is the tenth in the series. H.T. Smith, Director of the Trial Advocacy Program for FIU Law, was the recipient of the Richard E. S. Toomey Legal Legacy Award.
director of Dade Legal Aid and was honored for 28 years of distinguished and devoted service. She was also the recipient of the Woman’s History Coalition of Miami-Dade County’s Women of Impact Award for her “Character, Courage, and Commitment.” Hon. Cindy S. Lederman, presiding judge of the Juvenile Court in Miami-Dade County, was named the 2014 National CASA Judge of the Year by the Statewide Guardian ad Litem Program. Patricia “Trish” A. Redmond, a shareholder in the Miami office of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. and president of the Law Alumni Association, was named 2013 Woman of the Year in Restructuring by the International Women’s Insolvency and Restructuring Confederation. She also received the 2014 Lawyers in Leadership Award presented by Miami Law’s Center for Ethics and Public Service. Howard M. Talenfeld, a shareholder with Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, was selected as a winner for Lifestyle Media Group’s 2014 Leaders in Law Awards in Ft. Lauderdale.
1960 of teaching as law professor at the Federal University of Rio Grande do Sul in Brazil and continues to practice law as Senior Legal Counsel of the State Bank Banrisul in Brazil.
Paul Drager, adjunct professor at the
Judge for the United States District Court, Southern District of Florida, was honored as a Distinguished Award recipient by The Spellman-Hoeveler Inns of Court and the Daily Business Review. M. Richard “Rick” Sapir, real estate and business law attorney, joined Edwards Wildman Palmer’s real estate practice as counsel.
Peter W. Ashton retired after 52 years
MI A MI LAW maga zi ne | FA LL 201 4
longest-serving attorney general, received The Florida Bar Foundation’s 2014 Medal of Honor Award. Jeffrey Tew joined the Miami-based firm, Rennert Vogel Mandler & Rodriguez, as a partner.
Lawrence P. Kuvin, an attorney in
Miami-Dade and Broward for more than 50 years, died April 13 in Ft. Lauderdale at age 80.
Robert A. Butterworth, Florida’s
Paul J. Levine recently published his
1974 The law firm Markowitz, Ringel, Trusty & Hartog, P.A., founded by Jerry M. Markowitz, has received the 2014 Rising Star Award in the Shooting Star category from the Coral Gables Chamber of Commerce for its efforts to hire, mentor and promote young professionals. Don A. Russo, a Miami trial lawyer who successfully resolved hundreds of personal injury, wrongful death, and catastrophic toxic tort cases, passed away on March 16.
Linda Wolff, who achieved success in
law, politics, catering, and real estate, died December 15. She was 66.
Lynn Dannheisser joined the Miami
office of GrayRobinson as of counsel and is a member for the Government and Land Use Law teams.
Sharon Langer retired as executive
1980 Hon. Manny Diaz, former Miami
Year by American Board of Trial Advocates Ft. Lauderdale Chapter.
William P. VanderWyden, III,
Assistant Dean or Professional Development at Miami Law, was the recipient of the Miami Catholic Lawyers’ Guild’s Lex Christi, Lex Amoris Award.
1985 Scott A. Buxbaum passed away on
executive officer of Berkowitz Pollack Brant, was named in the South Florida Business Journal Top 100 Power Leaders. Steven J. Brodie was inducted into Iron Arrow, the University of Miami’s oldest tradition and highest honor society.
March 15. He resided in Congers, New York. Phillip Hudson, a partner resident in the Miami office of Arnstein & Lehr LLP, was elected Chairman of the History Miami Board of Trustees. Diana Joseph, Chief Investment Officer of Barrington Strategic Wealth Management Group, LLC, has been awarded the 2013 Five Star Wealth Management Award for the fourth consecutive year.
The Honorable Barbara Levenson, retired Miami-Dade Circuit
Principal at The Kogan Law Group, P.C. in New York, will receive the 2014 Distinguished Legal Writing Award from The Burton Foundation for his article “Trade, the Precautionary Principle and the PostModern Regulatory Process.” William J. Spratt, Jr. has joined Akerman LLP as a partner in the firm’s Healthcare Practice Group in Miami. Robin L. Supler, chief privacy officer for the NSU Health Care Centers, was named Vice President for Compliance and Chief Integrity Officer at Nova Southeastern University.
1981 Richard A. Berkowitz, chief
Court judge and mystery novelist, has been named among the featured authors for this year’s literary gala benefiting the Footprints Foundation. Barry M. Mandanich joined Virtus Investment Partners Inc. as executive vice president and head of distribution.
Rick J. Burgess, member of the Board
of Directors and shareholder at the Miami office of Gunster, was honored as 2014 Lawyer of the Year for Environmental Law in Miami by Best Lawyers. Prof. Dr. Doris König, President of Bucerius Law School and owner of the Claussen-Simon Foundation Chair of International Law, was elected by the judicial selection committee of the German Bundestag as a judge at the Federal Constitutional Court. Stuart A. Miller, Chief Executive Officer and Director of Lennar Corporation, has been named Chair of the UM Board of Trustees.
1983 Susan Cardenas joined GrayRobinson as counsel in the firm’s Key West office. Jay A. Steinman, a shareholder at Carlton Fields Jorden Burt, has been named one of the Ronald McDonald House Charities’ 2014 Twelve Good Men of South Florida.
1984 Diana Santa Maria, founding
member of the Law Office of Diana Santa Maria, P.A., was awarded Trial Lawyer of the
Lawrence A. Kogan, Managing
1987 Grisel Alonso joined the Hollywood
firm of Michael Moecker & Associates, Inc. as a Director. Michael R. Diliberto has become an adjunct professor teaching negotiations at Loyola Law School, in Los Angeles, California. James D. Garbus was named Chair of the Corporate Law Practice and Chair of the Diversity and Inclusion Committee at the Garden City office of Meyer, Suozzi, English & Klein. Laird A. Lile has been elected for a fifth consecutive term to the Board of Governors for the Florida Bar.
1988 Hon. Beth Bloom has been appointed
by President Barack Obama and confirmed by the Senate for a vacancy on the federal bench in South Florida.
Amy Brigham Boulris, a shareholder
in the Miami office of Gunster, was named to the Legal Hall of Fame by Florida Trend’s Legal Elite peer recognition program. Mary Anne Cousins published a series of four novels titled Gildevon Chronicles. Patrick G. DeBlasio was appointed as managing share of the Miami office of Littler, Employment and Labor Law Solutions Worldwide. Ilene K. Kobert was named shareholder at the Miami office of Greenberg Traurig. Roy S. Kobert joined the Orlando office of GrayRobinson as part of the Bankruptcy and Creditors’ Rights Practice Group. Sheryl Natelson, attorney at Lydecker Diaz, was recently elected to chairperson of the Planning and Zoning Board of the City of Hallandale Beach. John Shubin, founding partner of the Miami firm Shubin & Bass, P.A., was elected At-Large Representative of the History Miami Board of Trustees.
Michael Bakst, associate at
Greenspoon Marder, recently won a victory in bankruptcy court setting a precedent in a Homestead bankruptcy case. Robert J. Becerra announced the opening of Miami-based law firm Becerra Law, P.A. Lance A. Harke, a partner at Harke Clasby & Bushman, has been recognized as 2013 Most Effective Lawyer by the Daily Business Review. Karen Josefsberg Ladis was appointed executive director of Dade Legal Aid. Moshe Lehrfield, a shareholder in the Real Estate Practice at the Miami office of Greenberg Traurig, and his wife, Jennifer Lehrfield, were honored at Young Israel of Greater Miami for their extensive involvement and influence in the Jewish community. Javier Vazquez, partner at Berger Singerman, has been appointed to the Miami-Dade Expressway Authority by Governor Rick Scott.
Suzanne K. Bogdan has been named managing partner of the Ft. Lauderdale office of Fisher & Phillips LLP. Daniel S. Newman, partner at the Miami office of Broad and Cassel, was named as a 2014 Leaders in Law in the securities law category by Lifestyle Media Group.
IN N OVA TIV E AL UMN I
Mayor and senior partner at Lydecker Diaz, has been selected to serve on the senior advisory committee of the Harvard Institute of Politics. Samuel J. Dubbin was honored with the Inauguration of the Rule of Law award and the Civility Honor by Temple Beth El. David M. Wells, member of the Board of Directors and a shareholder at the Jacksonville office of Gunster, was named to the Legal Hall of Fame by Florida Trend’s Legal Elite peer recognition program.
Hon. Robin Rosenbaum, United States District Judge for the United States District Court for the Southern District of Florida, was unanimously confirmed to the U.S. Court of Appeals for the Eleventh Circuit.
1992 Rear Admiral Charles D. Michel
was promoted to Vice Admiral and will serve as the next U.S. Coast Guard’s Deputy Commandant of Operations. Rekha Nori, partner with Lahiri & Nori, Esqs., was appointed to the Supreme Court, Appellate Division,Third Judicial Department, Committees on Character and Fitness. Yvette Ostolaza, managing partner of Sidley Austin’s Dallas office and co-global coordinator of its Complex Commercial Litigation practice, has been elected to membership in the Fellows of the Texas Bar Foundation. Rear Admiral Steven D. Poulin has been selected to be the U.S. Coast Guard’s next Judge Advocate General and Chief Counsel. Lucilo Ramos, Jr. joined Avila Rodriguez Mena & Ferri LLP in Coral Gables as senior counsel.
1993 Charles Edward Cartwright, partner
with Gonzalez & Cartwright, P.A. in Lake Worth, has been certified as a member of The Million Dollar Advocates Forum. The investiture of the Hon. Margret Kerr took place on September 2013. She is currently with the Office of Judges of Compensation Claims in Miami. Mayra Peña Lindsay, Councilwoman for the Village of Key Biscayne, was selected as a member of the 2014 Leaders of Excellence program, part of the Good Government Initiative at the University of Miami. Laura C. Templer has joined the Mortgage Litigation Group of Sirote & Permutt in the Ft. Lauderdale office.
MI A MI LAW maga zi ne | FA LL 201 4
Daniel Alter is a shareholder in the Ft.
Lauderdale office of GrayRobinson whose practice covers the full range of employee benefits litigation. Brian H. Bieber has joined GrayRobinson in Miami as a shareholder. Larry Blair, attorney at Greenspoon Marder, and his wife, Michele, received the Rales Humanitarian of theYear Award at the Ruth Rales Jewish Family Service’s 2013 annual gala. Mara S. Bloom, Executive Director for the Cancer Center at Massachusetts General Hospital, was presented with the distinguished service award given by the National
Comprehensive Cancer Network for her work in the cancer field. Elise Scheck Bonwitt, of counsel with Higer Lichter & Givner LLP in Aventura, recently announced her membership in Mediation.com. Luca Bronzi joined the Miami office of Broad and Cassel as Senior Counsel in the Commercial Litigation and Health Practice Groups. Michelle Diffenderfer, shareholder of Lewis, Longman & Walker, has been nominated for the Executive Women of the Palm Beaches’ Women in Leadership Award. Ury Fischer, of Lott & Fischer, was selected by his peers for inclusion in the Best Lawyers in America 2014 in the field of Technology Law, Litigation. Shari Gerson is a shareholder in GrayRobinson’s Ft. Lauderdale office. She practices Managed Health Care Law, including medical malpractice cases brought against managed care organizations. Nicole H. Jackson joined the law firm of Lesser, Lesser, Landy & Smith, PLLC, as an associate. Benjamin W. Newman, shareholder in GrayRobinson’s Orlando office, was presented the 2013 Chairman’s Award by the Board of Directors of the Foundation for Seminole State College of Florida. Ian M. Sirota relocated from southern New Jersey to the Daytona Beach area, and now practices with the firm of Smith Hood Bigman.
1995 Angelika Hunnefeld, a shareholder in
the Miami office of Greenberg Traurig, has been elected to the Board of Trustees of the Patricia and Phillip Frost Museum of Science. Kevin Levy, a shareholder in the Miami office of Gunster, has been named chair of the legal track for eMerge Americas, a largescale technology conference. He has also been reappointed to the Greater Miami Chamber of Commerce’s Executive Committee.
1996 Joseph Hernandez has been named
head of the Real Estate Practice Group for the firm Weiss Serota Helfman Pastoriza Cole & Boniske. Thomas T. Nguyen, Academic Chairperson at Miami Dade College West, graduated from Florida Atlantic University with a Ph.D. in Higher Education Leadership. Marlene Quintana, a shareholder at GrayRobinson P.A., was one of the recipients of the National Diversity Council’s 2014 Florida Most Powerful & Influential Woman Award.
Katherine Amador, partner at Berger
Singerman, has been named to the Board of Directors of the Latin Builders Association. J. Allison Archbold has been named a shareholder at Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi PA in Sarasota, Florida.
Brett M. Amron, a founding member and
co-managing partner of the Miami law firm Bast Amron LLP, has been selected as a Fellow of the Litigation Counsel of America. Sheldon Blumling has been named the new Chair of the Employee Benefits Practice Group at Fisher & Phillips in Irvine, California. Sean M. Cleary, owner of the Law Offices of Sean M. Cleary, P.A, was named one of Florida Legal Elite’s “legal elite attorneys” in 2014. Bonnie Hochman Rothell has joined the Washington, D.C. office of Morris Manning & Martin as a partner. Brian L. Smith is now a partner at Adams, Hall, Schieffelin & Smith in Orlando.
Jaret L. Davis, Co-Managing Shareholder of
the Miami office of Greenberg Traurig, has been named to eMerge Americas inaugural Techweek 100 Miami list. He has also been named the 2013 legal Professional of theYear by ICABA, and elected Vice Chair of the Miami Children’s Hospital Board of Directors. Brian L. Lerner, partner with Kim Vaughan Lerner LLP, has been appointed to the Board of Directors for Legal Aid Service of Broward County, Inc., and Coast to Coast Legal Aid of South Florida, Inc. David T. Lupo joined the Law Office of Sam J. Saad III as senior counsel. Nikki Lewis Simon, a Shareholder and the Director of Client Development and Corporate Social Responsibility at the Miami office of Greenberg Traurig, was named to the Most Powerful Black Professionals in Business and Industry for 2014 by Legacy Miami magazine. Jennifer Spradley, a capital-qualified attorney working with Public Defender Julianne Holt, is the lead attorney on a high-profile murder trial, State v. Schenecker in Tampa.
Andrew S. Feuerstein passed away on May 6.
Jason E. Havens, founding co-
member of Havens & Miller, P.L.L.C., was elected President of the Estate Law Specialist Board, Inc. Adam Horowitz has joined the Crime
2001 Robert T. Datorre, assistant counsel
for the Pennsylvania Department of Education in Harrisburg, will become the immediate past chair of the Pennsylvania Bar Association Young Lawyers Division (YLD). Anna Marie Hernandez became a partner at Holland & Knight and has been elected Vice President of the Cuban American Bar Association Board of Directors. Christine A. Gudaitis, a shareholder with the law firm Ver Ploeg & Lumpkin, P.A., has been named to the Miami-Dade Library Advisory Board. Gerardo Levy joined the Ft. Lauderdale office of McGlinchey Stafford as of counsel. David Avellar Neblett, founding partner of the Miami firm Perry & Neblett PA, received Board Certification in Maritime & Admiralty law. Dr. David Noble is an Assistant Professor with the University of Connecticut School of Business. He is teaching Organizational Behavior, Business Strategy, and Entrepreneurship. Jason H. Okleshen was elevated to Shareholder at the West Palm Beach office of Greenberg Traurig.
2002 Ryan D. Bailine joined the Miami
office of Greenberg Traurig as shareholder in the Land Development Practice. Jeff P. H. Cazeau has joined the Miami office of Becker & Poliakoff as a shareholder in the Government Law & Lobbying Practice Group. D. Porpoise Evans, a litigation shareholder at the Miami office of Greenberg Traurig, has been appointed to the Executive Council of the Florida Bar Entertainment, Arts and Sports Law
Section, and selected to join the 20142015 class of The Florida Bar’s Wm. Reece Smith, Jr. Leadership Academy, as a fellow. Mario Garcia-Serra joined the Miami office of Gunster as a shareholder in the environmental and land use law practice. Duane L. Pinnock joined the firm Boyes & Farina, P.A. and will focus his practice in Trusts and Estates Litigation and Administration and Estate and Tax Planning. Stacey Schulman, a litigation associate in the Broward office of Greenspoon Marder, has been appointed National Chair of The Jewish Federations of North America Legal Committee.
Robin Ellen Kaplan joined the
Miami office of McDonald Hopkins LLC as senior counsel in the White Collar and Government Compliance Practice Group. Elizabeth Tener, a shareholder in the Marital & Family Law practice group of Greenspoon Marder’s Orlando office, will serve a three-year term on the Ninth Judicial Circuit Grievance Committee “D” of The Florida Bar.
2005 Dariel Abrahamy has been promoted
to shareholder in the Ft. Lauderdale office of Greenspoon Marder.
Nory Maria Acosta-Lopez,
the Miami office of Carlton Fields Jorden Burt’s National Trial practice group, was elected shareholder. Sara Wellens Bernard was named partner in the Orlando office of Broad and Cassel. Isabel Cristina Diaz, a senior counsel at Holland & Knight, has been elected Director of the Cuban American Bar Association Board of Directors. Michael R. Futterman, was named partner at the Florham Park law firm of McCusker Anselmi Rosen Carvelli in New Jersey. David Itskovich has been named partner at the Boca Raton office of Broad and Cassel. Noel R. Johnson, member of the firm Weinberg Wheeler Hudgins Gunn & Dial, is the Immediate Past President of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors.
president of the Law Office of Nory M. Acosta-Lopez, has been elected to the Cuban American Bar Association Board of Directors. Rossana Arteaga-Gomez has joined the Miami office of Black Srebnick Kornspan & Stumpf, PA, as an associate attorney. Gina Beovides, a staff attorney at the Dade County Bar Association Legal Aid Society, has been elected to the Cuban American Bar Association Board of Directors. Joshua I. Bosin was named partner for the Atlanta office of Holland & Knight. Amy Bowen was named partner at the Chicago office of Holland & Knight. Jorge Guttman has been promoted to shareholder at the Miami office of Gunster. Matthew C. Henning was promoted to partner at the Miami firm of Thornton Davis & Fein, P.A. Jeremy S. Korch joined Bast Amron LLP as an associate practicing in the area of commercial litigation, real estate litigation and insolvency. Matthew Leto was promoted to partner at the Miami-based litigation firm Hall, Lamb and Hall, P.A. Eldonie S. Mason, a founding member and attorney at law of the Mason Firm, LLC, in East Brunswick, has been named as a 2014 Higginbotham Fellow. Brendan A. McQuaid has been named a shareholder at Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi PA in Sarasota, Florida. Michael E. Strauch, a member of the Miami office of Carlton Fields Jorden Burt, was elected shareholder.
Tenikka L. Jones (nee Cunningham), a member of the
2003 Richard Bec joined the law firm of
Concepcion Martinez & Bellido in Miami as an associate. Stephen H. Johnson, partner at Lydecker Diaz, was elected Chair of the Miami-Dade Black Affairs Advisory Board. Jaime D. Levine (nee Stein) joined the Milwaukee firm of von Briesen & Roper. Matthew A. Slater, has joined the Boston firm of Tentindo, Kendall, Canniff & Keefe, overseeing the civil litigation and general liabilities practice group.
2004 Christopher O. Aird, a member of
Miami office of Carlton Fields Jorden Burt, was elected shareholder.
Wendi J. Adelson is the author of the novel This is Our Story.
IN N OVA TIV E AL UMN I
Victims’ Rights and Sexual Abuse Practice Group at the firm Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. Saif Y. Ishoof, executive director of City Year Miami, was presented with Leave A Legacy’s Ruth Shack Leadership Award at the Donor Next Door Luncheon. Matthew F. Larock, attorney at the State of Connecticut Office of the Attorney General, is the recipient of the Probate Courts’ 2014 Public Service Award. William Simonitsch, partner at the Miami office of K&L Gates and president of the National Asian Pacific Bar Association, was named to the 2014 Lawyers of Color’s Third Annual Power List.
Nicholas J. Bakatsias has been
named director at Carruthers & Roth, P.A in Greensboro, North Carolina. He is a member of the firm’s Business, Tax & Estate practice group. Marc Brody was promoted to shareholder at the West Palm Beach office of Gunster. Justin B. Kaplan has been named partner at the Miami-based litigation firm Kluger, Kaplan, Silverman, Katzen & Levine, P.L. Frank C. Olah has recently joined the Los Angeles office of Klinedinst PC as an associate. David Olson is now part-owner and partner of the firm ChancoSchiffer, P.C. in Atlanta. Jamie B. Schwinghamer, a litigation attorney with Hahn Loeser & Parks LLP, has been appointed to the board of directors for Voices for Kids of Southwest Florida, Inc.
Aracely Alicea, a founding associate
of corporate and real estate transactional law firm Alvarez Arrieta & Diaz-Silveira LLP, was promoted to partner. Amanda Star Frazer joined the Miami office at Broad and Cassel as Senior Counsel in the Commercial Litigation Practice Group. Jason Neufeld, associate of Neufeld, Kleinberg & Pinkiert, was sworn in as the 2014 North Dade Bar Association President.
MI A MI LAW maga zi ne | FA LL 201 4
Vance A. Aloupis, Jr., state director
of The Children’s Movement of Florida, was honored with the 2014 Young Floridian award by the Bob Graham Center for Public Service at the University of Florida. Joshua B. Feinberg, along with colleague, Shaun Malvin, established Malvin Feinberg P.L., a commercial litigation law firm with offices in Miami and Ft. Lauderdale. Andrew S. Feldman recently opened Feldman Firm, PLLC in downtown Miami.
2009 Vincent F. Alexander, associate at
Kozyak Tropin & Throckmorton, has been elected Treasurer of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors. Leigh-Ann A. Buchanan, associate at Berger Singerman, has been elected President-Elect of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors. J. Lee Johnson, a member of the worldwide Society of Trust and Estate
Practitioners, was recently awarded an Advanced Certificate, with distinction, in International Succession and Probate. He has also been named a new partner at Ambrecht & Associates in Santa Barbara, California. Laura T. MacDonald joined the Chicago office of Quarles & Brady LLP as an associate in the Health Law Practice Group. Yolanda P. Strader, associate at Carlton Fields Jorden Burt, has been elected President of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors. Songfong Tommy Wang, and his partner Elizabeth Yang, announced the grand opening of the San Gabriel Valley Office of Yang & Wang, P.C.
Akivia Bassaragh, attorney at the
Miami-Dade Public Defender’s Office, has been elected as Group I Director of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors. Anne E. Brown joined the Chicago office of Roetzel & Andress, LPA as an associate. Patricia Elizee, of Elizee Hernandez Law Firm in Miami, has been selected to join the 2014-2015 class of The Florida Bar’s Wm. Reece Smith, Jr. Leadership Academy, as a fellow. Keon Hardemon, Vice Chair for the City of Miami, was selected as a member of the 2014 Leaders of Excellence program, part of the Good Government Initiative at the University of Miami. Sophia R. McGill, associate at Lydecker Diaz, has been elected Secretary of the Wilkie D. Ferguson, Jr. Bar Association Board of Directors. Victor Petrescu has joined the law firm of Levine Kellogg Lehman Schneider + Grossman LLP (LKLSG) as an associate.
Rob Collins and Erin Lewis, both public
Arthur J. Baker, an associate for the Orlando office of BakerHostetler, was
Michael J. Bonan joined the law
firm of Ross Earle & Bonan as an associate attorney. Evan Gallo was recently appointed legislative director for state assemblyman Kevin Cahill of Kingston. Erin Lewis and Rob Collins, both public interest lawyers, were married on December 31. Joshua Levine joined the Miami office of Gunster in their business litigation practice. Joseph D. Magrisso joined the Miami office of Morgan, Lewis & Bockius LLP as a labor and employment associate. Liana Nealon has been selected to be a part of Class II of The Florida Bar Leadership Academy. Samuel W. Wardle joined the Miami office of Morgan, Lewis & Bockius LLP as a litigation associate.
Charlotte Joseph Cassel received
interest lawyers, were married on December 31. Matthew M. Comiter joined Gunster’s Miami office as an associate in the private wealth services and tax practice groups. Nichole Geary joined Broad and Cassel’s West Palm Beach office as an associate in its Health Law Practice Group. Aubrey Gibson Jr. joined Cozen O’Connor’s Miami office as an associate in the Business Law Department.
appointed to the March Madness Events Committee of the 2014 NCAA Men’s Basketball Championship. Mark A. Gotlieb has joined the Miami office of Arnstein & Lehr as an associate. Jared Hanna joined the offices of Lehigh County District Attorney Jim Martin in Allentown, Pennsylvania as an assistant district attorney. Paul Souferis joined the Criminal Division of Black Srebnick Kornspan Stumpf in Miami as an associate. Brittany Young has accepted a position at the Catholic Charities West Virginia and will be focusing on immigration casework and refugee resettlement. Francesco A. Zincone has joined the Ft. Lauderdale office of Roetzel & Andress.
the 2014-16 Equal Justice Works Fellow at Florida Legal Services, Inc.
THREE STRONG WOMEN ELINOR ROTH CATSMAN, ELLEN FREIDIN AND ALLISON FREIDIN
One Amazing Family
By Catharine Skipp The movie of Elinor Roth Catsman’s life would feel like a 1930s rom-com: handsome law student woos beautiful blonde co-ed. In the next scene, the couple is waking up a Justice of the Peace at midnight; there is a funny moment when the groom realizes he has forgotten the ring. Then comes a scene at the Western Union Office: she has turned 21 at the stroke of twelve and the couple are sending telegraphs to their parents, “WE ARE SPENDING THE NIGHT IN COLDWATER STOP SIGNED MR AND MRS DAVID CATSMAN STOP.” What follows is a whirlwind: fleeing the depression in the Midwest, Elinor finishing her degree at “Cardboard College” (UM’s moniker)—her photo in The Miami Herald as the only married woman in the class of 1936, a few years teaching elementary school while David begins his law practice. World War II
intrudes, her husband is drafted. Post-war and back in Miami, David would play golf; the two share a love of dancing. The only trouble in their marriage was he liked slow dances and “I liked them fast,” she said. They would raise two girls: Ellen, then Julie. Ellen would come to Miami Law and give birth to a daughter, Allison, who would do the same. Ellen previously worked in politics until realizing law was a better fit. “I had always wanted to make this world a better place and I realized that law would be a great vehicle for me to do that,” she said. She worked to integrate women fully into the boy’s club of law. “There were very few women practicing and all of us had a pretty hard time with discrimination,” she said. She chaired the Florida Bar’s Special Committee for Gender Equality, “not only for women lawyers, but for witnesses
Alumni and courtroom personnel.” The result was many policy changes that paved a smoother path for women in the law. She was successful in adding language to the Florida Constitution creating equal rights for women and outlawing gerrymandering. Allison graduated from Miami Law in 2010 and is a criminal prosecutor in the State Attorney’s Office. She mostly handles child sexual battery and narcotics trafficking. “Miami Law was an easy decision for me,” Allison said. “Both my parents are attorneys, my grandfather was an attorney. I honestly think UM is one of the best law schools.” Also was the advantage of staying close to family. “My grandmother is by far the strongest female role model. Her ties to the law schools and to the Center for Ethics and Public Service (CEPS) really shaped my decision to be a lawyer and go to Miami Law.” Even though neither David nor Elinor attended Miami Law, Elinor’s backing, in David’s name, started them as founding allies of CEPS. “Elinor Catsman and her family have served as supporters and stalwart friends of the Center for nearly two decades,” said Professor Anthony V. Alfieri, director of CEPS. “Her unmatched generosity, kindness, and deep commitment to social justice have inspired scores of students and will leave an enduring legacy.” Retirement for Elinor and David was a growing passel of grandchildren, travel, golf, and dancing. Just days before David’s 85th birthday, he would play 18 holes of golf, then leave this world from the dance floor to the strains of “I Left My Heart in San Francisco,” one of their favorite cities. 45
HILARIE BASS, ’81
The BRICKS Add BASS
MI A MI LAW maga zi ne | FA LL 201 4
hen Hilarie Bass was a student at Miami Law, the law school quadrangle known as the “Bricks” was the gathering spot for catching up with classmates, comparing notes, and chatting up the occasional professor. Today, it bears her name as a testament to the influence Miami Law has had in her life. Bass, J.D.’81, is the CoPresident and top female executive at the storied international law firm, Greenberg Traurig. The firm, founded in Miami in 1967, now has offices in 36 cities throughout the U.S., Latin America, Europe, Asia, and the Middle East. “I chose the Bricks because it is the center of campus life at the School of Law,” said the native Miamian. “I have fond memories of the time I spent there and hope that future students who gather on the Bricks will leave inspired to fulfill their own dreams and great successes within the legal community.”
Her $1 million commitment to Miami Law will honor the value of practical experience and training afforded to the school’s law students. “The law school taught me to solve people’s problems; being a good lawyer is more than just being able to write a great 20-page memo. While detailed legal analysis is the foundation on which everything else is based, clients want a straightforward, twosentence answer about how you can solve their problems. I have to credit Miami Law with teaching me those important skills,” Bass said. Even though as a young girl she dreamt of stage and screen, going so far as to win the nation’s most highly regarded student award—the Silver Knight—in drama, and as a budding young actress in New York with a recurring role on the soap opera Somerset, she would eventually find herself leveraging her magna cum laude degree in political science from
George Washington University for a spot at Miami Law. Bass loved law school. “It was like a mind meld; I totally got it. I got what they were looking for,” she said. “I loved taking law school exams; it was like a game.” Not surprisingly, she graduated first in her class, summa cum laude, and as editor of the University of Miami Law Review. She would morph a summer internship into a 30-year (and counting) career at Greenberg Traurig, never forgetting the institution that armed her with the skills for success. The spunky, dark-haired beauty is a vice chair of the University of Miami Board of Trustees, a member of the School of Law’s Visiting Committee and Momentum2 Campaign Committee, as well as generous contributor to UM’s School of Education and Human Development, the College of Arts and Sciences, and the Department of Athletics.
Alumna and Board of Trustee Member Laurie Silvers and Husband Establish Named Scholarship at Miami Law
ew non-practicing attorneys regret the hours and the effort they put into law school. In fact, quite the reverse; they credit their education with their achievements, no matter the arenas of their choice. Laurie Silvers is no exception. Even though she would practice law for ten years, she would go on to build a media empire. She was the CoFounder of the wildly successful SyFy Channel. She is owner of Home Town
Cable Plus, a telecommunications system in Port St. Lucie providing television, Internet, telephone, and alarm monitoring services; Treasure and Space Coast Broadcasting which operates five radio stations on Florida’s East Coast; Co-Founder and President of Hollywood Media Corporation, and Co-CEO of Hollywood.com, a major Internet provider of entertainment news and information. During her years of practice, she would find herself paired on a transaction with another lawyer and former classmate from her days at Miami Beach High School, Mitchell
Rubenstein. The pairing proved an extremely winning combination leading to a joint law practice in Boca Raton and later, marriage. Silvers and Rubenstein have been very generous to her alma mater. Their latest gift to the University of Miami School of Law creates two scholarships: The Laurie Silvers and Mitchell Rubenstein Endowed Scholarship, and the Laurie Silvers and Mitchell Rubenstein non-Endowed Scholarship. Previously, they have established the Laurie Silvers and Mitchell Rubenstein Endowed Distinguished Professorship and are lead sponsors for Miami Law’s We
Robot annual conference. Silvers is also a UM Trustee, on the School of Law’s Momentum2 Committee and Visiting Committee, the Dean’s Council, and the Heritage Society. “I believe that great education creates great opportunities for our students,” Silvers said. “We can attract the best students if we have scholarships to help them afford their education and can also offer them distinguished, world-class professors. That is what I am trying to accomplish through my past and present gifts.” Silvers had come to Miami with her family at the age of 12. Her father was a veteran of Illinois cable and broadcast systems and expanded his holdings into South Florida. She had left the uncertain world of snowstorms and tornados (they lost part of their home to a twister) to what she could only describe as paradise. “I never realized that there was a place on the planet where it was spring and summer twelve months of the year,” she said. The almost-native would study psychology, political science, and philosophy at the University of Miami—it’s all related, she would say—before arriving in the world of torts and certs. There, she would feel she really clicked. “I love the law. From an intellectual perspective, I find it challenging and interesting,” the Springfield, Illinois native said. “I was the one who would brief and re-brief Supreme Court decisions because I just loved the cases.” The couple has now been married for thirty years and they have three children: two are graduates of Miami Law, and the third is currently studying at UM toward a Ph.D. in Psychology.
LAURE SILVERS, J.D. ’77 AND MITCHELL RUBENSTEIN
for the University of Miami
The BREAKTHROUGH Campaign PROFESSOR JAN PAULSSON, CAROLYN LAMM, MARIKE PAULSSON, DIRECTOR, INTERNATIONAL ARBITRATION PROGRAM
Law Firm White & Case Makes Gift to Support the International Arbitration Institute
MI A MI LAW maga zi ne | FA LL 201 4
he global law firm White & Case LLP has made a multiyear commitment to support the continued excellence and impact of the International Arbitration Institute at Miami Law. The Institute embodies the law school’s long tradition of engagement with the law of arbitration. Its many programs offer students an enriching professional experience at the epicenter of international arbitration. Miami Law is recognizing White & Case’s support by naming the degree program of the Institute the “White & Case International Arbitration LL.M. Degree Program.” In addition to providing important resources for the development of the LL.M. degree program, the donation funds an endowed scholarship and creates an annual lecture series that will bring leading scholars and practitioners in international arbitration to the Institute from around the world. The firm is making this donation in honor of White & Case partner Carolyn B. Lamm, an alumna of the UM School of Law and a leading practitioner of international law and international arbitration, who also is a visiting professor in International Investment Arbitration at UM. The scholarship fund will be named the Carolyn B. Lamm/White & Case International Arbitration Endowed Scholarship Fund, and students
receiving scholarship support will be known as the Carolyn B. Lamm/ White & Case Scholars. The White & Case International Arbitration LL.M. degree program is a unique and highly selective course of study led by Professor Jan Paulsson, a distinguished leader in international arbitration and who also holds the Michael Klein Distinguished Scholar Chair at the UM School of Law. “We are committed to ensuring that White & Case’s generous gift has the significant impact it deserves,” said Paulsson. “Our objective with the LL.M. degree program is to enable a small and diverse group of outstanding graduate students to grapple with fundamental questions in-depth, and in close collaboration with leading specialists.” “This is a wonderful gift from a great law firm and honors an extraordinary lawyer, and will allow us to offer the best International Arbitration LL.M. in the world,” said UM School of Law Dean Patricia D. White. “White & Case is a pioneer in
international arbitration and we are committed to playing a leadership role as the importance of international dispute resolution continues to expand,” said Hugh Verrier, Chairman of White & Case. “We are particularly pleased to have this opportunity to honor Carolyn, who is one of the most distinguished lawyers in her field.” Lamm, J.D.’73, is a partner at White & Case and Co-Chair of its International Arbitration Practice for the Americas. Lamm’s practice concentrates in international dispute resolution through international arbitration, litigation and international trade remedies. She sits as an arbitrator in cases before several arbitral institutions, including the International Centre for Settlement of Investment Disputes and the American Arbitration Association/International Centre for Dispute Resolution. Lamm is a past president of the American Bar Association and of the District of Columbia Bar. “White & Case and the University
for the University of Miami
iami Law’s Health Rights Clinic has been awarded two one-year grants from Equal Justice Works AmeriCorps because of its continuing legal work on behalf of veterans. The grants pay half the cost of two full time attorney fellows over a two-year period. The grants allow the Clinic to expand the capacity and scope of its legal services to veterans, concentrating on the needs of impoverished, homeless, and other at-risk veterans. With the generous support of the law school and alumni donors, the clinic has been able to raise matching funds to cover the costs of the fellows for the first year. The Fellows, Alissa Gold, J.D.’13, and Ryan Foley, J.D.’13, will have the pleasure of working with four Health
Rights Clinic law students who are also veterans and members of the military: 2Ls Major Douglas H. Lehinten, U.S. Marine Corps Reserve (USMCR); Major Lindsay M. Nelson, USMCR; 1st Lieutenant Ashley George, Florida National Guard; and 3L Colonel Noel Pace, U.S. Army Reserve. The Health Rights Clinic provides legal services to numerous veterans in the areas of veteran’s benefits, Social Security, food stamps, advance directives, permanency planning, housing, economic stability, and other areas of urgent unmet legal needs. In the Miami region, there are presently almost 3,000 veterans known to be homeless, over 40,000 below the poverty threshold, and over 20,000 report mental health impairments. At least one in three veterans report unmet legal needs. “The unfortunate truth is South Florida has one of the highest populations of homeless veterans in the country,” said Foley. “More than one-third of the clients we meet with are homeless or at imminent risk of
becoming homeless. The majority of veterans are either unaware of the assistance programs available to them or unable to properly file and monitor the often-lengthy claim processes. That is where we are able to make a huge impact. We spend time not only guiding the clients through the process, but also educating them on other programs available to them and ensuring that they are receiving all the benefits to which they are entitled.” “I find it especially rewarding to work with victims of military sexual trauma (MST),” said Gold. “MST can lead to a wide range of disabling scars, both physical and emotional, and many victims have avoided applying for benefits related to MST because of negative experiences when they first reported their assaults to the military. Victims are entitled to both specialized care and compensation, but many are too traumatized or uncomfortable to ask for the help they deserve. As a female attorney, I am uniquely able to discuss these sensitive issues with
ALISSA GOLD WITH CLIENT
Equal Justice Works AmeriCorps Awards Miami Law’s Health Rights Clinic Grant for Two Legal Fellows to Work with Veterans
HEALTH RIGHTS CLINIC
of Miami are exceptional institutions. I am honored and profoundly touched by the support of White & Case. This gift is special to me as a graduate of the University of Miami School of Law, and I am very pleased to give back in a way that helps to build its future,” said Lamm. “UM opened the door of opportunity for me, and it is very exciting to contribute to the development of the Institute. I am very excited about the dynamic law school and student body today. It is truly on the cutting edge.”
MI A MI LAW maga zi ne | FA LL 201 4
THE LATE PAUL T. DEE, J.D.’77
The BREAKTHROUGH Campaign
female victims in a space that feels safe to them, and then, advocate aggressively on their behalf.” “The Fellows and Health Rights clinic students are answering their special call to duty as attorneys serving veterans who have served all of us,” said Melissa Swain, Associate Director of the Clinic and the Fellows’ direct supervising attorney. “They have already served over 200 veterans in over fifty legal cases and have secured over $300,000 in economic benefits for veterans. These are quite amazing numbers for a year’s worth of work and we hope that we are able to secure the necessary funding to make this project sustainable going forward.” The Health Rights Clinic explores innovative ways to improve legal education and educate future lawyers to deliver quality legal services to underserved populations. The Clinic’s mission is for law students to acquire a solid grounding in the practice and theory of ethical lawyering and leadership by representing real clients in real cases. In addition to veterans, the Clinic provides legal services in a variety of settings in collaboration with the Public Health Trust and the Miller
School of Medicine’s Pediatric Mobile Clinic and its Comprehensive AIDS Program.
Law Alumni Association Supports the Paul Dee Endowed Scholarship Through Homecoming Golf Tournament
aul T. Dee, J.D. ’77, served in key roles for more than 30 years at the University of Miami. Prior to his death in 2012, he was a member of the School of Education and Human Development faculty and served as an adjunct professor at Miami Law. However, he was best known for his 15 years as Director of Athletics at the U, when UM won three national championships—two in baseball (1999 and 2001) and one in football (2001). The Paul Dee Endowed Scholarship was established by friends and family immediately after his unexpected passing and the Law Alumni Association’s Homecoming
Golf Tournament committee chose to use the proceeds of the golf tournament to support the Dee Scholarship. Last year the tournament raised approximately $40,000. “My family and I are so grateful that the Law Alumni Association continues to honor my father,” said Terrance A. “Tad” Dee, J.D. ’99. “He loved the law and he especially loved the University of Miami School of Law. He always enjoyed telling stories about his experiences as a student at the Law School. He had so many wonderful friends from the Law School and in the legal community, and the Homecoming Golf Tournament is a great event for many of them to remember my father.” In addition to his role as Athletic Director, Dee served as Vice President and General Counsel at the University. He was inducted into the University of Miami Sports Hall of Fame and was a member of the Iron Arrow Society, UM’s most prestigious honor. He led the successful efforts to raise University of Miami studentathletes’ academic performance, and today every sports team surpasses the NCAA’s Academic Progress Report’s minimum standards. Dee also helped spearhead UM’s move from the Big East to the Atlantic Coast Conference. Under his leadership, the University significantly improved its athletic facilities, including building the BankUnited Center and renovations to Mark Light Field at Alex Rodriguez Park. Dee was active in the NCAA and the BIG EAST Conference, serving on several NCAA Committees and was Chair of the BIG EAST Football Conference for two years.
for the University of Miami
hen Ira Bodenstein, J.D. ’80, was a student at Miami Law, he served as President of the Student Bar Association. “My fondest memories during that time include Friday afternoon social hour on the Bricks with Dean Soia Mentschikoff and the faculty, organizing and hosting the inaugural convention of Student Bar Association presidents, and building the law school snack bar,” said Bodenstein. Over the ensuing three decades, Bodenstein has remained engaged with his alma mater; he is a member of the Law Alumni Association, serves on the University of Miami Law Alumni Association National Advisory Council, and on the School of Law’s
Momentum2 Campaign Committee. He was one of the members of the 30th year class reunion committee in 2010 and the recipient of the 2006 Law Alumni Association’s “Chicago Alumni Achievement Award.” Now the Chicago bankruptcy attorney at Shaw Fishman Glantz & Towbin LLC has elevated his dedication to Miami Law to a new level; he created an annual scholarship in memory of his mother, Beverly. “My mother had a lifelong love of learning,” he said. “What better way to honor her memory than to create a scholarship with a connection to my law school alma mater and the undergraduate marine science school where my oldest daughter and her first grandchild, Sarah, is currently attending,” Bodenstein said. The Beverly Bodenstein Memorial Scholarship will support a law student enrolled in the J.D./Master of Professional Science in Marine Affairs joint degree program. The degree program is a partnership between
Miami Law and the Rosenstiel School of Marine and Atmospheric Science (RSMAS), and allows students to focus their course work in one of three areas—aquaculture, coastal zone management, and marine conservation. “The joint degree program helps students develop skills that will permit them to bridge fields of marine science, policy, and law giving them a competitive advantage in obtaining work in specialized fields, such as marine conservation, coastal management, aquaculture law, fisheries policy and management,” said Miami Law Adjunct Professor Daniel Suman, who is also a Professor of Marine Affairs and Policy at RSMAS. “Students in this program have flexibility to add the marine policy courses to the legal studies during or after they complete their course work at the Law School.” “My hope would be that the scholarship helps the recipients achieve their career goals,” said Bodenstein.
Miami Law Alumnus Creates Scholarship in Memory of His Mother
IRA BODENSTEIN, J.D. ’80
“Miami Law played an important role in my father’s life and continues to play an important role in mine,” said Terrance Dee, a law clerk for Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida. “In both of our cases, the Law School not only prepared us to practice law, but also introduced us both to incredible people.” The Paul Dee Scholarship is awarded annually to a law student based on merit and financial need. “My hope is that the Dee Scholarship not only will help deserving students, but also help the Law School to continue to attract great talent.”
Annual Giving Report
GENEROUSLY GIVING We gratefully acknowledge the generosity of the members listed for the June 1, 2013 through May 31, 2014 fiscal year. The generous commitment of our Dean’s Circle members provides much-needed scholarship support and helps fund important programs. In order to enable the School of Law to continue to fulfill its mission, the Dean’s Circle requires increased participation. Dean Patricia D. White and I invite you to renew your Dean’s Circle membership for the new fiscal year and encourage others to join you by becoming new members of this vital resource for the School of Law. Edward R. Shohat, J.D. ’72 Vice President for Fundraising and Dean’s Circle Chair
COMMITTED TO OUR FUTURE 52
The University of Miami School of Law is deeply grateful to our many alumni and friends whose annual gifts, large and small, help create futures for our *Deceased students, promote faculty scholarship, and support justice throughout the world. Every effort is made to ensure the accurate listing of donors, and we sincerely apologize for misspelling or inadvertently omitting the names of any donors.We appreciate the opportunity to correct our records, so please advise us of errors by contacting Georgie A. Angones, Assistant Dean, Advancement, at email@example.com or 1.866.99.UMLAW.
ANNUAL GIVING REPORT DEAN’S CIRCLE LISTING BY GIVING LEVELS
Please note: the 2013-2014 Annual Giving Report acknowledges only those donors who have qualified for the Dean’s Circle which includes members of the judiciary at the $500 or more giving level and members of the Young Alumni Leadership giving level. The Report does not recognize outstanding pledges or unrealized testamentary gifts.
Robert A. Ades, J.D. ’73* Akerman Senterfitt Richard Axel, M.D. Barclays Bank, PLC Steven A. Berger, J.D. ’76 Wayne E. (J.D. ’82) & Arlene J. Chaplin Southern Wine & Spirits of America, Inc. Hon. A. Jay Cristol, J.D. ’59 Eversheds LLP FINRA Investor Education Foundation Lewis D. Gold, M.D. & Lori C. Gold Gary W. Gomoll, LLME ’81* Stuart Z. Grossman, J.D. ’73 Burton* (J.D. ’52) & Lydia Harrison Larry J. (J.D. ’54) & Deborah, (J.D. ’83) Hoffman David C. Humphreys, J.D. ’83 Kozyak Tropin & Throckmorton, P.A. Jerry Markowitz, J.D. ’74 & Patricia Redmond, J.D. ’79 Podhurst Orseck, P.A. Peter Prieto, J.D. ’85 Jay B. Shapiro, J.D. ’87 Laurie S. Silvers, J.D. ’77 & Mitchell Rubenstein Hollywood Media Corporation The Alma Jennings Foundation, Inc. Jeffrey M. Fine, J.D. ’67 The Florida Bar Foundation Joseph Weinberger, J.D. ’82 White & Case, LLP
Benefactors: $10,000 to $24,999
Association of Corporate Counsel South Florida Chapter Frank R. (J.D. ’76) & Georgie A. Angones Tod Aronovitz, J.D. ’74 Aronovitz Law Bankruptcy Bar Association of the Southern District of Florida Hilarie Bass, J.D. ’81 Rodney H. Bell Bilzin Sumberg Baena Price & Axelrod, LLP Ira Bodenstein, J.D. ’80 & Julia E. Smith Joseph H. Bogosian, J.D. ’92
Mark E. Brodsky, J.D. ’68 Jean J. Busch Richard P. Cole Cole, Scott & Kissane, P.A. Richard H. Critchlow, J.D. ’73 Eileen G. Breier Foundation Inc. Equal Justice Works ExxonMobil Foundation Florence Bayuk Educational Trust Florida International Bankers Association Theodore & Theresa Fried Gaebe, Mullen, Antonelli & DiMatteo Genovese, Joblove & Battista, P.A. Gidel Family Foundation, Inc. Peter E. Halle, J.D. ’73 & Carolyn B. Lamm, J.D. ’73 Vincent C. Hennessy, J.D. ’71 Health Foundation of South Florida Holland & Knight LLP Hon. Paul G. Hyman, Jr., J.D. ’77 Eric D. Isicoff, J.D. ’83 Isicoff, Ragatz & Koenigsberg, P.A. Abbey L. Kaplan, J.D. ’75 Bruce A. Katzen, J.D. ’84 Kelly Foundation, Inc. Kenny Nachwalter, P.A. Hon. Amy N. Dean, J.D. ’76 & Alan J. Kluger, J.D. ’75 Kluger, Kaplan, Silverman, Katzen & Levine, P.L. Peter D. Lederer Long Mountain Road Foundation LegalZoom.com Andrew (J.D. ’74) & Ellen Leinoff Todd A. Levine Susan L. Lipton, J.D. ’70 The Lipton Foundation Steven C. Marks, J.D. ’85 MiamiLex Legal Solutions, Inc. Microsoft Corporation Mutual of America NOVO Foundation Aaron S. & Dorothy Podhurst Stanley & Barbara Price Sabadell Bank Herbert E. (J.D. ’56) & Barbara Saks Shook, Hardy & Bacon L.L.P.
H. Allan Shore, J.D. ’71, LLME ’72 Steve I. Silverman, J.D. ’85 Eugene W. Sulzberger, J.D. ’51 The Ayco Charitable Foundation The Miami Foundation
Partners: $5,000 to $9,999
Alejandre Memorial Foundation Elinore Aronovitz Richard A. Berkowitz, J.D. ’81 Brown Charity Foundation, Inc. Gary L. Brown, B.B.A. ’78, LLMT ’82, LLM ’83 Terrance A. Dee, J.D. ’99 DeMahy, Labrador & Drake P.A. Devang B. Desai, A.B. ’97, J.D. ’03 Juan C. Enjamio, J.D. ’86 Hunton & Williams, LLP Anne M. Estevez, A.B. ’90, J.D. ’93 Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A. Florida Public Services Union Peter R. Fried Lawrence E. Glick, B.B.A. ’51, J.D. ’54 Ervin A. Gonzalez, J.D. ’85 Richard G. Greenstein, J.D. ’80 Grossman Roth, P.A. Harry and Bessye Rosenberg Charitable Trust Helena Rubinstein Philanthropic Fund at The Miami Foundation John M. Hogan, J.D. ’77 Robin L. Klomparens, J.D. ’85, LLMT ’86 Frank L. Labrador Wendy G. Lapidus, A.B. ’61, MED ’62, BARCH ’82 Derek E. Leon, J.D. ’97 Lewis Tein, P.L. Guy A. Lewis Morgan, Lewis & Bockius, LLP William J. Palmer, LLMT ’78, LLME ’81 David K. Robbins, J.D. ’82 Joel B. (J.D. ’92) & Shari J. (J.D. ’94) Ronkin Penelope S. Shaffer Donna E. Shalala Edward R.(J.D. ’72) & Maria Shohat Steven Sonberg, J.D. ’72 *Deceased 53
ANNUAL GIVING REPORT The Denver Foundation Jerry S. Theophilopoulos, J.D. ’95 TotalBank Patricia D. White & James W. Nickel Wyman Family Foundation, Inc.
Friends: $2,500 to $4,999
David Barkus Roy Black, J.D. ’ 70 Lylle Breier Peter S. Britell Gary M. Carman, J.D. ’74 Elinor R. Catsman Nancy N. Chemtob, J.D. ’90 Community Foundation of Broward Credence Corp Steven C. Cronig, J.D. ’80 Carlos M. (J.D. ’79) & Rosa de la Cruz Easley Appellate Practice PLLC Dorothy F. Easley, J.D. ’94 Federal Bar Association South Florida Chapter Inc. Jeffrey D. Fisher, J.D. ’80 Professors Caroline M. Bradley & A. Michael Froomkin Goldman Sachs Gray Robinson, P.A. Halliburton Foundation, Inc. John F. Halula Richard A. Hauser, J.D. ’68 Gerald J. Hayes, J.D. ’78 Jorge L. Hernandez Allison K. Hift, J.D. ’97 Jefferson Lee Ford III Memorial Foundation, Inc. Ira H. Leesfield Leesfield Family Charitable Foundation, Inc. Jeffrey M. Lewis-Oakes, J.D. ’79 Mah Foundation, Inc. Professor Elliott & Gail Manning Markowitz Ringel Trusty & Hartog, P.A. Joel D. Maser, J.D. ’84 Juan J. Mayol John M. McManus, J.D. ’93 Clifford R. Mermell, J.D. ’89 MGM Resorts Foundation Michael A. Rosen, P.A. Richard C. Milstein, J.D. ’74 Adam Moskowitz, J.D. ’93 Kevin J. Murray, J.D. ’79 Theodore E. Nash, M.D. Edith G. Osman, J.D. ’83 Sheldon B. (J.D. ’57) & Myrna Palley Plato Malozemoff Foundation Mark F. Raymond, J.D. ’83
Thomas Ringel, J.D. ’76 Michael A. Rosen, J.D. ’73 Michael A. Rosen, P.A. Professor Keith S. & Silvia Rosenn Selma Oritt Foundation Jose E. Sirven, J.D. ’81 Solowsky & Allen, P.L. Richard L. Allen, J.D. ‘79 & Jay H.Solowsky, J.D. ‘79 Stuart H. Sorkin, J.D. ’81 Rodolfo Sorondo, Jr. Howard M. Srebnick Susan J. Tarbe, J.D. ’84 Therrel Baisden, P.A Richard K. (J.D. ’75) & Barbara W. Traub Vanguard Charitable Endowment Program Nathalie F. Walker Waltman & Cohen Albert N. Cohen, J.D. ’52 & Irving Waltman, J.D. ‘52 Adam Wenner, J.D. ’76 Sherry D. Williams, J.D. ’95 Malcolm B. Wiseheart, J.D. ’08
Associates: $1,000 to $2,499
123 Credit Counselors, Inc. Aaronson Schantz, P.A. Alfonso L. Adderly Henry N. Adorno Alert Lauren L. Alexander, J.D. ’08 Richard L. Allen, J.D. ’79 Mary P. Alloway Emerson L. Allsworth, J.D. ’52 Hon. Cecilia M. Altonaga Isabelle Amdur Ameritas Life Insurance Group Robert G. Amsel, J.D. ’83 Joseph E. Ankus Ankus Consulting, Inc. Mark R. Antonelli, J.D. ’82 Susan H. Aprill, J.D. ’82 J. Allison Archbold, J.D. ’97, LLME ’07 Mark I. Aronson Richard Auerbach Michael B. Axman, J.D. ’83 Richard P. Ayles, J.D. ’79 Badia Spices, Inc. Nancy L. Badia Gerson Bakar Gregory A. Baldwin Ricardo A. Banciella, J.D. ’86 John M. & Sybil A. Barkett Melissa L. Barnhardt Barry & Judith Nelson Family Foundation, Inc.
Robert & Eleanore G. Bass Jeffrey S. Bass, J.D. ’93 Bast Amron LLP Maurice J. Baumgarten Christopher N. Bellows, J.D. ’85 Cristina Benitez Richard H. Bergman, J.D. ’73 Joan A. Berk, J.D. ’69 Gina L. Berlin Howard J. Berlin, J.D. ’79 Arnold L. Berman, J.D. ’77 Sondra H. Berman Douglas K. (J.D. ‘69 LLMT ‘73) & Connie M. Bischoff William S. Blatt Barry Blaxberg, J.D. ’77 Jeffrey C. Blockinger, J.D. ’97 Hon. Beth F. Bloom, J.D. ’88 Bloom, Gettis & Habib, P.A. William R. Bloom, J.D. ’77 Florence Bloomberg The Bloomberg Family, Margie, Noah, Lindsay, Evelyn & Adam Robert P. Boone, J.D. ’01 Gale A. Bramnick, J.D. ’88 James S. Bramnick, J.D. ’75 Benjamin A. Breier Breier, Seif, Silverman & Scherman, P.A. Brinker International Broad and Cassel Lauren L. Brodie, J.D. ’83 Bowman Brown David M. Brown, J.D. ’05, LLMT ’06 Heather P. Brown Marshall K. Brown Robert K. Burlington, J.D. ’78 Coffey Burlington PL Buzin Law, P.C. Andrew S. Buzin, J.D. ’03 John E. Calles, A.B. ’89, J.D. ’93 John P. Campo, J.D. ’80 Richard J. Carlson Carlton Fields, P.A. Kelly-Ann G. Cartwright Jose A. Casal, J.D. ’88 David R. Chase, J.D. ’92 Robin S. Chaykin Christie’s Nicholas E. Christin, J.D. ’74, LLME ’78 Hon. Charles E. & Hon. Sue M. (J.D. ’78) Cobb The Cobb Family Foundation, Inc. Gary J. Cohen Herbert J. Cohen, J.D. ’56 Lucille W. Cohen Bruce Jay Colan Lonnie L. Colan, J.D. ’81 *Deceased
JUNE 1, 2013 – MAY 31, 2014 Terence G. Connor Brian Cooper Caroline M. Corbin Dennis L. Curran, J.D. ’75 Jesus E. Cuza Mary G. Dalton R.T. & M.G. Dalton Daniel J. Spiegel Family Foundation David N. Rosner Charitable Foundation, Inc. Brian L. Davidoff, LLMI ’82 Steven W. Davis, J.D. ’82 Thomas Davison IV, J.D. ’85 Amy N. Dean, J.D. ’76 Victor (J.D. ’79) & Geraldine M. (J.D. ’91) DeBianchi James T. (J.D. ’88) & Deborah Deiotte Delray Recovery Center, LLC Steven K. Deutsch, J.D. ’74 Edward Diaz Dolphin Carpet & Tile Robert E. Dooley, J.D. ’53 Roderick Dorman, J.D. ’76 Mary E. Doyle Michael A. Dribin, LLMT ’80 Marcia A. (J.D. ’78) & Herbert Dunn Richard M. Dunn, J.D. ’70 Peter A. Efros, J.D. ’72 Jennifer E. Elbrand Ira M. Elegant, J.D. ’66 Andrew L. Ellenberg, J.D. ’88 Epiq Systems, Inc. Eric P. Littman, P.A. Susan G. Esserman & Andrew H. Marks Peggy Evans Lynda (J.D. ’86) & Al Fadel Glenn P. Falk, J.D. ’73 Federal Bar Association Julie Feigeles, J.D. ’82 Lydia A. Fernandez, J.D. ’79 Martin Fine, J.D. ’49* Edwin J. Fitzpatrick, Jr., J.D. ’76 Florence Bloomberg Trust Charles J. Foschini, J.D. ’97 Gary M. Freedman Rob Walker Freer, J.D. ’74 Ellen C. Freidin, J.D. ’79 Robert J. Friedman John Fulton, J.D. ’99 William L. Gautier, J.D. ’97 John H. Genovese Charles George, J.D. ’94 Lawrence W. Gettis Gold and Associates, P.A. Lauren Goldblatt Joshua I. Goldman, J.D. ’04 Jessica Goldman-Srebnick
Jeanette Gonzalez-Calles Susan & Hon. Jonathan (J.D. ’83) Goodman Debra W. Goodstone Google, Inc. Mac A. Greco, Jr., J.D. ’72 Jane Greenberg Laurie Greenberg Martin F. Greenberg, J.D. ’68 The Maurice R. and Corinne P. Greenberg Foundation, Inc. Sandra P. Greenblatt, J.D. ’84 Alan R. Greenfield, J.D. ’05 Greg Herskowitz, PA Arnold (J.D. ’55) & Barbara Grevior Desiree Gruber Gunster Yoakley & Stewart, P.A. Donald W. Hafele, J.D. ’83 Sheila A. Halpern, J.D. ’81 Stephen K. Halpert Maria R. Hamar, J.D. ’82 Richard A. Hamar, J.D. ’70 George (J.D. ’70) & Jeanne Harper Elliott Harris, J.D. ’66 Harvey J. Sepler P.A. Marian L. Hasty, J.D. ’93 LLME ’94 Alexander H. Havenick, J.D. ’08 Barbara H. Havenick, J.D. ’75 Gerri & Stephen J. (LLMP ’84) Helfman Mark A. Hendricks, J.D. ’88 Sara B. Herald, J.D. ’80 Mitchell E. Herr Greg M. Herskowitz, J.D. ’97 Mark H. Hildebrandt, J.D. ’82 Frances R. Hill Kenneth C. (J.D. ’83) & Hillary Hoffman Elizabeth B. Honkonen, J.D. ’98 Howard J. Sedran Family Foundation Drs. Connie Hsu & Anant Praba Steven F. Bolling, MD & Cheryl Huey, MD H. S. Huizenga, J.D. ’90 Thomas N. Hyde, J.D. ’76 Kaylee R. Hyman, J.D. ’12 Zachary Hyman Derek Jackson Jan L. Jacobowitz Melanie Jacobson Katzell, J.D. ’75 Michael R. Jenks, J.D. ’70 Jewish Community Foundation of Los Angeles Adolfo E. Jimenez Marcos D. Jimenez, J.D. ’83 Michael D. Joblove Pamela J. Johnson Cyrus M. Jollivette, J.D. ’80 Douglas E. Jones, J.D. ’85 Jorge Luis Lopez Law Firm, LLC Marc A. Joseph, J.D. ’97
William S. Kaden, MD Kenneth M. Kaleel, J.D. ’86 Ronald L. Kammer, J.D. ’81 Julie Braman Kane, J.D. ’93 Soneet Kapila Kapila & Company CPA’s Mitchell T. Kaplan William H. Karo, J.D. ’54 Richard A. Katz, J.D. ’71 Paul R. Kaywin David S. Kenin, J.D. ’63 Josephine W. Kenin Lorna D. Kent, J.D. ’75 Kindred Healthcare Fred Klein, J.D. ’79 David Klingsberg Scott (J.D. ’90) and Susan (J.D. ’90) Fleischner Kornspan Liani G. Kotcher, J.D. ’05 Benedict P. Kuehne, J.D. ’77 & Lynn B. Kislak Joseph P. Lacher Christos (J.D. ’98) & Alexandra (J.D. ’06) Lagos Therese Lambert Burton A. Landy, J.D. ’52 Lash & Goldberg, LLP Alan D. Lash, J.D. ’85 Law Offices of Brian K. Goodkind George N. & Diana T. Leader Tiffani G. Lee, J.D. ’97 Craig Leen Leiderman Shelomith, P.A. Jonathan S. Leiderman, J.D. ’94 Hon. Joan A. Lenard & Howard B. Lenard Gary S. Lesser, J.D. ’92 Lesser, Lesser, Landy & Smith, P.A. Ann K. Levine, J.D. ’99 Howard J. Levine, J.D. ’78 Susan L. Levine Neal J. Levitsky, J.D. ’81 LexisNexis Geri & Roy Liemer Lipscomb Eisenberg & Baker PL Eric P. Littman, J.D. ’79 William N. Lobel, J.D. ’70 Jorge Luis Lopez, J.D. ’87 Milande Louima, J.D. ’99 Joseph H. Lowe, J.D. ’80 Ramsey Ludington, J.D. ’52 Carol (J.D. ’88) & R. Hugh (J.D. ’80) Lumpkin Lydecker Diaz Michael T. Lynott, J.D. ’85 Mac A. Greco, Jr., P.A. Magic City Casino Marisa B. Magill, J.D. ’87 Nancy G. & Alvin I. (J.D. ’59) Malnik Andrew A. Malozemoff, J.D. ’10 *Deceased 55
ANNUAL GIVING REPORT Jeffrey L. Mandler, J.D. ’80 Alberto G. Manrara Ray E. Marchman, J.D. ’61 Alan J. Marcus, J.D. ’83, LLMT ’85 Mona & David O. Markus Ines Marrero-Priegues Martin and Jane Greenberg Foundation, Inc. M. Minnette Massey, J.D. ’51 William J. Matevich, J.D. ’82 Gary & Veronica Matzner Victoria V. Matzner Jason Mazer Betsy L. McCoy, LLMP ’07 James E. McDermott John W. “Jack” McLuskey, J.D. ’81 Jane W. McMillan Bruce P. McMoran, J.D. ’77 Gail A. McQuilkin, J.D. ’92 Dennis D. (J.D. ’88) & Kathleen L. Mele George Mencio, J.D. ’81 Charles H. Mercer, Jr., J.D. ’74 Faith (J.D. ’83) & David J. (J.D. ’69) Mesnekoff Messana, P.A. Nicole E. Mestre, J.D. ’99 Seth E. Miles Cecil J. Milton Sylvia Minchew-Marchman Marianne & Joshua J. (J.D. ’81) Mintz Mitzvah Charitable Trust Richard Montes De Oca, J.D. ’01 Morrison, Brown, Argiz & Farra, LLC Hon. Celeste Muir & William (J.D. ’81) T. Muir James H. Nance, J.D. ’56 Navigant Consulting, Inc. Needle & Ellenberg, P.A. Andrew Needle, J.D. ’77 Norton & Maria Neff Hon. Judith S. (J.D. ’82) & Barry A.(J.D. ’81, LLMT ’87) Nelson Barry Nemiroff Allyson Norfleet Norman, Wood, Kendrick & Turner Attorneys at Law Charles A. Nugent, J.D. ’53 James K. Oppenheimer Fund of the Community Foundation of Broward Linda Osberg-Braun Bernard H. Oxman Robert E. (J.D. ’76, LLMT ’77) & Jeanne Panoff Marshall Pasternack Todd S. Payne, J.D. ’89 Philip Guerra Yoss LLP Employees Charitable Foundation Steven B. Posner, J.D. ’76
Rebekah J. Poston, J.D. ’74 Marlene Quintana, J.D. ’97 R. A. Hauser Family Foundation Ronald B. Ravikoff, J.D. ’77 Luis (J.D. ’80) & Karen Reiter Andrew J. Renda, J.D. ’79 Edythe Rishin Col. Frank (J.D. ’52) & Jeanne Robbins William R. Robbins, J.D. ’62 Harvey E. Robins, J.D. ’58 Joyce Robinson Hon. Steven D. Robinson, J.D. ’68 Neil Rollnick, J.D. ’68 Roney-Fitzpatrick Foundation Francine M. & Donald (J.D. ’59) Rose Harry (J.D. ’61) & Jacqueline Rosen Robert E. Rosen Matthew & Nancy Rosin Bonnie L. (J.D. ’80) & David N. Rosner Lauri Waldman Ross, J.D. ’80 Jeffrey C. (J.D. ’81) & Faye L. Roth Michael E. Rothenberg, J.D. ’10 Charles S. Rowley, J.D. ’94 Amy G. Rudnick Charles L. (J.D. ’64) & Nanette R.(BED ’69) Ruffner James D. Sallah, J.D. ’96 Irma & Herminio (J.D. ’87) San Roman Charles F. Sansone, J.D. ’65 Diana Santa Maria, J.D. ’84 Gary A. Saul Robin C. Schard, J.D. ’90 Robert A. Schatzman, J.D. ’71 Reuben M. Schneider, J.D. ’61 Samuel L. Schrager, J.D. ’75 Michael Schreiber Anne Schultz, J.D. ’83 Hon. Robert Scola and Hon. Jacqueline Hogan Scola, J.D. ’82 Howard J. Sedran, J.D. ’76 Jeremy H. Segal, J.D. ’06 Richard I. Segal, J.D. ’08 William J. Segal, J.D. ’78 Gail D. (J.D. ’79) & Joseph H. (J.D. ’78) Serota Mark & Vickie Shank Marshall S. Shapo, J.D. ’64 Detra P. Shaw-Wilder, J.D. ’94 Rosanne J. (J.D. ’80) & Dr. Benjamin M. Shore John K. Shubin, J.D. ’88 Shutts & Bowen, LLP Nicholas Siegfried, J.D. ’06 Steven M. Siegfried Cheryl R. Silverman, J.D. ’83 Louis A. Simon William P. Sklar, J.D. ’80 Marc J. Slotnick, J.D. ’92
H.T. Smith, J.D. ’73 Emma Solaun Jay (J.D. ’79) & Ellen Solowsky South Florida Association for Law Placement Joshua B. Spector, J.D. ’02 Thomas R. Spencer, Jr., J.D. ’69 Robert A. Spottswood Spottswood Companies, Inc. Scott A. Srebnick St. Gaudens, Inc. Leland E. Stansell, J.D. ’61 Stephen J. Helfman, P.A. Lyle B. Stern Stichter, Riedel, Blain & Prosser P.A. Marvin E. Stonberg Sheri H. Stone Stuart E. & Estelle Price Foundation Charles B. Stuzin, J.D. ’67 Stuzin Family Partnership LLTD Pitzel Foundation Joseph R. Suchanek Jeffrey R. Surlas, J.D. ’77 Joel L. Tabas, J.D. ’85 Tabas, Freedman & Soloff, P.A. Brian Tannenbaum Lee P. Teichner The Boeing Company The Deutsch Family Foundation The Ticktin Law Group PA Themis Bar Review Thomas and Kimberly Davison Trust Thomas D. Wood & Company John (J.D. ’77) & Mindy (J.D. ’78) Thornton Mark A. Tobin, J.D. ’88 Trustee Services, Inc. Candis Trusty U.S. Legal Support, Inc. United Building Maintenance Associates, Inc. United Jewish Community of Broward County, Inc. Upchurch, Watson, White & Max Margarita S. Vazquez-Bello Ana VeigaMilton, J.D. ’93 Arnaldo Velez (J.D. ’72) & Maria C. Arriola Velez (J.D. ’80) Andrew R. Verblow, J.D. ’14 Verizon Foundation Gregory & Cathy Victor Norman M. (J.D. ’86) & Deborah A. Waas Edward J. Waldron, Sr., J.D. ’69 Donald N. Watson, J.D. ’80 Alison Weinger Bernstein, J.D. ’80 Douglas J. Weiser, J.D. ’82 West Flagler Associates, Ltd. Wicker, Smith, O ’Hara, McCoy & Ford, P.A Jeanne M. (J.D. ’81) & Todd A. (J.D. ’76) Wigder *Deceased
JUNE 1, 2013 – MAY 31, 2014 William J. Segal, P.A. Gavin Williams, J.D. ’01 Sally H. Wise Harold E. Wolfe, Jr., LLMT ’79 Donald Jay Wolfson, J.D. ’76 Virginia W. & Thomas D. Wood, Sr., J.D. ’56 Yale University
George T.Yoss, J.D. ’74 Burton Young, J.D. ’50 Zebersky & Payne, LLP Edward H. Zebersky, J.D. ’91 Michael F. Zeldin Martin G. Zilber, J.D. ’88
Judges: $500 to $999
Associates $100 to $249
John W. Harrington, J.D. ’09 The Hinkes Family Philip J. Hoffman, J.D. ’11 Michelle Holmes Johnson, J.D. ’08 Matthew A. Kaden, J.D. ’07, LLMT ’08 Brian W. Kelley, J.D. ’10 Abigail H. Kofman, J.D. ’05 Lindsay M. Korey Lefteroff, J.D. ’07 Daniel A. Krawiec, J.D. ’08 Quinshawna S. Landon, J.D. ’12 Andrew M. Loewenstein, J.D. ’09 Eva T. Merian, J.D. ’11 Jeffrey J. Mesaros, J.D. ’06 Rafael E. Millares, LLMP ’04 Matthew T. Mitchell, J.D. ’11 Thomas A. Oglesby, J.D. ’11 David J. Rubenstein, J.D. ’05 Lauran M. San Roman, J.D. ’12 Adam L. Spector, J.D. ’08 Brian W. Toth, J.D. ’08 Natalia M. Trushina, LLMCL ’08, J.D. ’11 Gregory W. Wirtz, J.D. ’07
Hon. Michael A. Hanzman Hon. Ruth V. McGregor Hon. Marvin E. Segal, J.D. ’53 Hon. Paul Siegel, J.D. ’63 Hon. James R. Wolf, J.D. ’76
YOUNG ALUMNI LEADERSHIP Partners $500 to $999
Lauren E. Bowman Llamas, J.D. ’05 Shahrzad Emami, J.D. ’06, LLMP ’07 Jose A. Garrido, J.D. ’07 Tamara S. Malvin, J.D. ’09 A.Hunt Marckwald, J.D. ’05 Brent F. Sibley, J.D. ’08
Friends $250 to $499
Cory V. Calmes, J.D. ’05 Freddy R. Funes, J.D. ’09 David S. Goldberg, J.D. ’04 James P. Greenfield, LLMT ’10 Bernard P. Grondin, J.D. ’04 Frederick D. Hawkins, J.D. ’11 John R. LaBar, LLMP ’13 Christopher M. Malek, J.D. ’09 Alexis Martinez-Fedrizzi, J.D. ’04 Tony A. Neuhoff, J.D. ’07 Mindy B. Reinstein, J.D. ’08 Cyrus P. Rieck, J.D. ’08 Samuel A. Rubert, J.D. ’06 Juan C. Varela, LLMI ’11 Laura E. Wade, J.D. ’10
Veena M. Abraham, J.D. ’09 Brianna Adams, J.D. ’04, LLME ’05 Jason D. Albright, J.D. ’04 Donald W. Anderson, LLME ’07 Michael A. Barnett, J.D. ’07 Jason S. Bazarsky, J.D. ’12 Michael F. Boyne, J.D. ’09 Maryann M. Bullion, J.D. ’05 Asra A. Chatham, J.D. ’11 Ronald L. Cipriano, J.D. ’05 Vaishali B. Desai, J.D. ’12 Jean-Michel D’Escoubet, J.D. ’05 Brian A. Dombrowski, J.D. ’11 Catherine S. Dorvil, J.D. ’09 Kimberly B. Eve, J.D. ’07 Michael Foelster, J.D. ’06 Christopher J. Fowler, LLMT ’13 Barclay R. Gang, J.D. ’13 Adam H. (J.D. ’04) Melanie J. (J.D. ’04) Garner Brett L. Goldblatt, J.D. ’10 Sharlene Y. Gonzalez, J.D. ’08 Christina Guzman, J.D. ’09 Jonathan W. Hackett, J.D. ’08
EVENT SPONSORS Law Alumni Association events are self-sustaining. We rely on the generosity of our alumni and friends to fund our LAA special events as well as the various school and student hosted programs. A special thanks to the following 2013 – 2014 sponsors!
WE GRATEFULLY ACKNOWLEDGE THE SUPPORT OF OUR EVENT SPONSORS 123 Credit Counselors, Inc. Aaronson Schantz, P.A. Akerman Senterfitt Drs. George & Aphrodite G. Alexandrakis Tod Aronovitz, J.D. ’74—Aronovitz Law
Bankruptcy Bar Association of the Southern District of Florida Mary R. Barzee-Flores J.D. ’88 Bast Amron LLP Berkowitz Pollack Brant, LLP
Hon. Beth F. Bloom, J.D. ’88 Bloom, Gettis & Habib, P.A. Brinker International Broad and Cassel Broadcast Music, Inc. *Deceased 57
ANNUAL GIVING REPORT Andrew S. Buzin, J.D. ’03 Capsicum Group, LLC Carlton Fields, P.A. Wayne E. (J.D. ’82) & Arlene J. Chaplin Nicholas E. Christin, J.D. ’74, LLME ’78 Francis A. Citera, J.D. ’83 Coffey Burlington PL Common Ground Mediation, Inc. Credence Corp Cresa South Florida Richard H. Critchlow, J.D. ’73 Damian & Valori, LLP Daniel A. Zabludowski, P.A. Carlos M. (J.D. ’79) & Rosa de la Cruz Dean-Kluger & Sibley Law Devang B. Desai, J.D. ’03 Deutsch & Blumberg, P.A. Devine Goodman Rasco Watts-FitzGerald & Wells, P.A. John W. Devine, J.D. ’87 Ehrenstein Charbonneau Calderin Steven E. Eisenberg, J.D. ’84 Epiq Systems, Inc. Robin W. Faber, J.D. ’83 Federal Bar Association Florida Bottling, Inc. Gaebe, Mullen, Antonelli & DiMatteo Genovese, Joblove & Battista, P.A. Gold and Associates, P.A. Hon. Jonathan Goodman, J.D. ’83 Google, Inc. Valerie J. Grandin, J.D. ’83 Gray Robinson, P.A. Grossman Roth, P.A. Stuart Z. Grossman, J.D. ’73 Richard A. Hamar, J.D. ’70
Hon. Michael A. Hanzman Kenneth R. Hartmann, J.D. ’86 Marian L. Hasty, J.D. ’93, LLME ’94 Mark A. Hendricks, J.D. ’88 Mitchell A. (J.D. ’88) & Stacey S. (J.D. ’88) Hipsman Kenneth C. (J.D. ’83) & Hillary Hoffman Hollywood Media Corporation Eric D. Isicoff, J.D. ’83 James Schwitalla, P.A. Marcos D. Jimenez, J.D. ’83 Kapila & Company CPA’s Kenny Nachwalter, P.A. Kozyak Tropin & Throckmorton, P.A. Lash & Goldberg, LLP Alan D. Lash, J.D. ’85 Law Offices of Solowsky & Allen, PL Leiderman Shelomith, P.A. Leinoff & Lemos, P.A. Hon. Joan A. & Howard B. Lenard Lesser, Lesser, Landy & Smith, P.A. Lipscomb Eisenberg & Baker PL Carol C. Lumpkin, J.D. ’88 Lydecker Diaz Magic City Casino Marcum LLP Markowitz Ringel Trusty & Hartog, P.A. Messana, P.A. MiamiLex Legal Solutions, Inc. Michael Moecker & Associates Microsoft Corporation Richard C. Milstein, J.D. ’74 MDO Partners Morrison, Brown, Argiz & Farra, LLC Adam M. Moskowitz, J.D. ’93 Navigant Consulting, Inc.
Norman, Wood, Kendrick & Turner Attorneys at Law NOVO Foundation Oppenheimer & Co., Inc. Paul L. Orshan, P.A. Perlman, Bajandas,Yevoli & Albright, P.L. Podhurst Orseck, P.A. Peter Prieto, J.D. ’85 Richard Montes de Oca, PA Rimkus Consulting Group, Inc Sabadell United Bank SAVE Foundation, Inc. Carol L. Schoffel Faber, J.D. ’83 James W. Schwitalla, J.D. ’91 Sesac, Inc. Donna E. Shalala John K. Shubin, J.D. ’88 Southern Wine & Spirits of America, Inc. Joshua B. Spector, J.D. ’02 Stichter, Riedel, Blain & Prosser P.A. Tabas, Freedman & Soloff, P.A. The DuBosar Law Group, P.A. The Ticktin Law Group, P.A. Mark A. Tobin, J.D. ’88 TotalBank Trustee Services, Inc. U.S. Legal Support, Inc. Universal Court Reporting, Inc. Upchurch, Watson, White & Max Wicker, Smith, O ’Hara, McCoy & Ford, P.A Woodbury & Santiago & Correso, P.A. Yale University Zebersky & Payne, LLP Martin G. Zilber, J.D. ’88
THANK YOU *Deceased 58
Continued from page 19
FACULTY PUBLICATIONS 2013 – 2014
(includes only scholarly journal articles or books published by June 1, 2014)
REBECCA A. SHARPLESS Teague New Rules Must Apply in Initial-Review Collateral Proceedings: The Teachings of Padilla, Chaidez and Martinez, 67 University of Miami L. Rev. 795 (2013) (with Andrew Stanton). RACHEL H. SMITH The Handbook for the New Legal Writer (Wolters Kluwer 2014) (with Jill Barton). KELE STEWART Implementing the Child Protection Provisions of the Convention on the Rights of the Child in Trinidad and Tobago, 21 University of Miami International and Comparative L. Rev. 53 (2013). IRWIN P. STOTZKY The New Surveillance State: From Dog Sniffs to DNA and Beyond, 29 Civil Rights Litigation and Attorney Fees Annual Handbook 87 (Steven Saltzman ed., 2013). Democracy and Sustainability in Reconstructing Haiti: A Possibility or a Mirage, 44 University of Miami Inter-American L. Rev. 1 (2013). SCOTT E. SUNDBY Everyman’s Exclusionary Rule:The Exclusionary Rule and the Rule of Law (orWhy Conservatives Should Embrace the Exclusionary Rule), 10 Ohio State Journal of Criminal Law 393 (2013).
STEPHEN K. URICE Pieces of the Past: Repatriation and Collaborative Agreements Introduction: Recent Agreements Between U.S. Museums and Foreign Countries, Legal Issues in Museum Administration (American Law Institute) 53 (2014) (with Mia J. Logan). Recent Issues in Authentication, Legal Issues in Museum Administration (American Law Institute) 27 (2013) (with Marie C. Malaro & Phillipa Loengrad). Cultural Property Roundtable: Updates and Case Studies, Legal Issues in Museum Administration (American Law Institute) 1 (2013) (with Julie Getzels & Stephen J. Knerly, Jr.). Editor, Realising Cultural Heritage Law: Festschrift for Patrick O’Keefe (Institute of Art & Law 2013) (with Lyndel V. Prott & Ruth RedmondCooper). FRANCISCO VALDES Breaking Glass: Identity, Community and Epistemology in Theory, Law and Education, 47 U.C. Davis L. Rev. 1065 (2014). Bringing Society to Law: A Critically Raced Accounting, in Exploring The ‘Socio’ of Socio-Legal Studies 251 (Dermot Feenan ed., 2013). TERESA J. VERGES Opening the Floodgates of Small Customer Claims in FINRA Arbitration: FINRA v. Charles Schwab & Co., Inc., 15 Cardozo Journal of Conflict Resolution 623 (2014).
MARKUS WAGNER Legal Perspectives and Regulatory Philosophies on Natural Monopolies in the United States and Germany, in Regulation between Legal Norms and Economic Reality: Intentions, Effects, and Adaption: The German and American Experiences 53 (Günther Schulz, Mathias Schmoeckel and William J. Hausman eds., 2014). International Standards, in Research Handbook on the WTO and Technical Barriers to Trade 238 (Tracey Epps & Michael J. Trebilcock eds. 2013). Autonomy in the Battlespace: Independently OperatingWeapon Systems and the Law of Armed Conflict, in The Law of Armed Conflict and the Changing Technology of War 99 (Dan Saxon ed., 2013). Beyond the Drone Debate: Autonomy in Tomorrow’s Battlespace, 106 Proceedings of the American Society of International Law 80 (2013). WILLIAM H. WIDEN Editor, Uniform Commercial Code: Article 1 & Article 2 (based on the laws of Nebraska) (Kindle Edition) (2013). RICHARD L. WILLIAMSON, JR. DirtyWater: Lessons for Comparative Public Law and International Governance fromWastewater Regulation in the United States and Germany, 43 Environmental L. Rep. 10237 (2013) (with Monika Böhm).
IN N OVA TIV E FA CUL TY
ANDRES SAWICKI Copyright in Teams, 80 University of Chicago L. Rev. 1683 (2013) (with Anthony J. Casey).
On “The Bricks”
ON 2 3 1
1 Professor Dexter Lehtinen, a former U.S. Attorney, State Senator, State Representative, and Vietnam veteran, headlined this year’s National Security & Armed Conflict Law Review (NSAC) Symposium. 2 Miami Law Alumnus Doug Weiser, A.B.’78, J.D.’82, returned to campus to screen his feature film “Chapman.” Weiser was joined by the film’s Writer/Director, Justin Owensby, Simran Singh, J.D. ’04, Legal Counsel, and Dr. John Soliday, Associate Professor, UM School of Communication. 3 Jaret L. Davis, J.D. ’99, President, Miami Law Alumni Association, with the Hon. Carroll J. Kelly, J.D. ’89, and the Hon. Stanford “Stan” Blake, J.D. ’73, who were the MCs at the 65th Annual “Morning Spirits” and Homecoming Breakfast. 4 Dean White and celebrated lawyer Alan Dershowitz. 5 Professor Mary Coombs served as Grand Marshal during Commencement. 6 Jim Larrañaga, Head Coach of UM’s Men’s Basketball team gives the keynote at the 65th Annual “Morning Spirits” and Homecoming Breakfast. 7 Members of the 2014 LawWithoutWalls course at the annual Conposium. 8 125 Miami Law graduates were sworn into the Florida Bar by Justice R. Fred Lewis, J.D. ‘72. 9 Commencement 2014. 10 Therese Lambert (far right front), Director of Student Recruitment, with the graduating Student Ambassadors.
The BASS BRICKS 6
On “The B ricks ”
MI A MI LAW maga zi ne | FA LL 201 4
11 Professor Mary Coombs and some of the students she has taught in the more than 30 years of teaching at Miami Law. 12 Alberto Mora, J.D.’81, presented the Louis Henkin Lecture Series on Human Rights. 13 Professor Terence J. Anderson and wife, Carolyn B. Anderson, J.D. ’94, are pictured with their family at Professor Anderson’s Retirement Celebration. 14 Terrance A. “Tad” Dee, J.D. ’99, accepts a check for $40,000 at the 4th Annual Homecoming Golf Tournament. Dee is joined by Dean Patricia D. White, Tod Aronovitz, J.D. ’74, the Hon. Stanford Blake, J.D. ’73, and Elizabeth B. Honkonen, J.D. ’98. 15 Miami Law hosted Professor Richard Susskind as part of the inaugural lecture of the Larry J. Hoffman, Greenberg Traurig Distinguished Visiting Professorship in the Business of Law. Professor Susskind was welcomed by Dean White and Larry J. Hoffman. 16 Donna Shalala, UM’s President; Dean White; Thomas Perez, U.S. Secretary of Labor and Commencement Speaker, and Wayne Chaplin, J.D.’82, presiding trustee. 17 Keynote speaker Dr. Beth Richie addresses attendees at “Converge! Re-imagining the Movement to End Gender Violence” conference. 18 Pamela Adelwoyin was this year’s student speaker at Commencement. 19 3L Noel Pace was promoted to Colonel in the U.S. Army Reserve during a Veteran’s Day Ceremony.
The BASS BRICKS 15
On “The B ricks ”
the ‘Fins, ‘Canes, and Heat. I also remain heavily involved not only in UM’s Law School, but also in my high school alma mater, the New World School of the Arts.
The Last Word
DAVID SCHWARTZ, J.D. ’97: An Entertaining Guy
What did you like to do when you were a boy? DBS: I loved reading the ChooseYour
By Catharine Skipp What do you do at Disney? DBS: I’m Assistant General Counsel
at The Walt Disney Company, where I work on new technological distribution platforms for movies,TV shows, and other content. I’m privileged to lead a team of attorneys who negotiate deals for the licensing of Disney film and TV content to many of the world’s leading entertainment platforms. As part of my work at Disney, I’ve had the opportunity to negotiate industry-leading deals… One of my more recent negotiations resulted in Disney’s groundbreaking motion picture output agreement with Netflix, an agreement that Harvey Weinstein referred to as “probably the biggest content deal in the history of [the movie] business.”
MI A MI LAW maga zi ne | FA LL 201 4
Why did you go to law school? Why Miami Law? DBS: After college, I spent time
doing two things: screenwriting, and working on the 1992 Clinton/Gore campaign. I really loved doing both. With screenwriting, I felt like it would be wise to have a fallback career option, just in case, and the law was a fallback option that appealed to me. Miami was my first choice. Where did you grow up? DBS: I was born in NewYork, but
my family moved to Miami when I was seven, so I really consider Miami to be my hometown. I still root obsessively for
Own Adventure series, where you could make choices that would influence the story. I also remember really loving The Lord of the Rings series, The Chronicles of Narnia, and the Alfred Hitchcock and The Three Investigators series. I also read a lot of comic books, starting with the old Marvel StarWars comics, and then branching out into X-Men. I was obsessed with Star Trek, Star Wars, and the 1960’s Batman TV series. What and who did you want to be when you grew up? DBS: An actor. Or president. Or
Where did you undergrad? DBS: I went to N.Y.U., and studied
film. I got my B.A. in 1993.
Did you draw caricatures of your law professors? DBS: Nope, never did. But as a
2L, I got to serve as Artistic Director of the Equity Playhouse, where we made it a massive multi-media rock-and-roll experience. And a bunch of professors and deans joined in the fun, making cameo appearances in many of the video segments. One of my favorites was Professor Jones playing Indiana Jones, and recreating the opening segment of Raiders of the Lost Ark in the UM Law Library. What was your first comic book or strip and why? DBS: A single page in New Mutants
Annual #6, circa 1990...I was working as an editorial intern at Marvel Comics during my first year in college, and I somehow talked my editor into letting
me write something. My first serious comic writing work was the series MELTDOWN, published by Image Comics in 2006. Who is your favorite cartoonist and why? DBS: It’s really an art form and
there’s some honestly transcendent work being done.The work of writers like Chris Claremont, Kurt Busiek, and Brian Bendis has really had a strong influence on me. I also love the writing of Robert Kirkman, the creator of The Walking Dead. But there are way too many to count. You’ve dabbled in film? Tell me about that. DBS: I was into acting as a kid. I
did it professionally for a while in N.Y. (I came in second to be the kid in Kramer vs. Kramer), before we moved to Miami. I also studied film in college, and got to direct a low budget indie feature, Fighting Gravity, just after law school. In fact, several of my law school colleagues even pitched in on the script, and we shot a scene or two at the school. If you could do one thing for the rest of your life, what would it be? Comics or law? Or something else. DBS: I’d still love to have a chance
to act again at some point, and am also working on producing for both stage and screen. Where do you see yourself in ten years? DBS: I expect that I’ll always be
working 24/7, balancing professional work, creative work and, most importantly, family and friends. Hopefully I’ll have the opportunity to be creating projects that can move people…One of my favorite aspects of my job is mentoring the attorneys on my team, and I’d love to be able to also teach and mentor at the college or law school level.
University of Miami School of Law 1311 Miller Drive Coral Gables, Florida 33146
Non-Profit Organization U.S. Postage PAID Miami Florida Permit No. 438
Published on Oct 13, 2014
Law builds on thousands of year of humankind's efforts to set standards and rules for working together. Yet it is ever-changing. Constantly...