MIAMILAW FALL 2014
UNIVERSITY OF MIAMI SCHOOL OF LAW
m agazine
innovation MIAMI LAW LEADS THE WAY TO TOMORROW
VOL. 3
STEPHANIE COX Assistant Dean for External Affairs LAUREN BEILEY
2. NEWS BRIEFS Whatβs happening on and around Miami
Director of Online
Lawβs sun-splashed
Communications
quadrangle, the
and Marketing
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 Lawβs most remarkable students.
Designer and Magazine Designer CATHARINE SKIPP Director of Media Relations and Public Affairs MICHELLE VALENCIA
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15. SMART TAKES Miami Lawβs Professor Andres Sawicki explores the impact of intellectual property
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law on creativity in the arts.
Director of Publications Contributing Editor
17. FACULTY
CARLOS HARRISON
Read about Miami Lawβs
Photographers JENNY ABREAU
innovative faculty and their scholarship.
JOSHUA PREZANT CATHARINE SKIPP
26. COVER STORY
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Innovating into the futureβ Miami Law Magazine is published by the University of Miami School of Law. Copyright Β© 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 doesnβt just keep pace. It sets it.
34. Alumni Miami Lawβs alumni do justice to their school
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and community in innovative ways.
46. Momentum2 Thanks to their generosity, alumni and friends make a difference at Miami Law.
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PROFESSOR KUNAL PARKER
News Briefs
News Briefs Professor Parker Named National Humanities Center Fellow
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PROFESSOR ANTHONY ALFIERI WITH PASTOR CLAYTON HODGE, GREATER ST. PAUL A.M.E. CHURCH
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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. βThe 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,β said Parker. βDuring the year, I will also begin a new book on the intellectual history of conservatism.β 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 Deanβs 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
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he Center for Ethics and Public Serviceβs 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 discoveryβan incinerator
located a few blocks away had dispersed toxic chemicals in parks throughout Miami. βThe Environmental Justice Project fellows and interns have conducted tremendous fact-investigation,β said CEPS Director and Founder and Director of the Historic Black Church Program, Professor Anthony V. Alfieri. βStudents have learned aspects and applications of environmental, administrative, and civil rights law, and presented their research to the community at risk.β 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
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rom Las Vegas to Frankfurt, Miami Lawβs 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 Schoolβs 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 Lawβs 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. βWe are absolutely thrilled with the success we had this year,β said David T. Coulter, president of the Charles C. Papy, Jr. Moot Court Board. βIt 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. β
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rofessor Charlton Copeland has received a Dukeminier Award and the Michael Cunningham Prize for his article, βCreation Stories: Stanley Hauerwas, Same-sex Marriage, and Narrative in Law and Theology,β published by the Duke University School of Lawβs 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.
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Moot Court Teams Experience Winning Streak
Professor Copeland Receives Dukeminier Award
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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
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tudents from Miami Lawβs Health Rights Clinic advocated on behalf of Ariel Gonzalez, a 35-year-old undocumented farmworker who was suffering from acute kidney failure and didnβt 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 doesnβt 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 didnβt knowβand neither did the patient navigator contracted by the medical centerβwas that he qualified for federally funded emergency Medicaid. Third-year law students Kanchi Doshi, Jenna Feldman, Rebecca Greenfield, and Nicole-Suzette Velazquez quickly
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Leah Weston, J.D.β14, Stands Up for Trayvon Martin Civil Rights Act
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hen George Zimmerman was acquitted of second-degree murder in the fatal shooting of Trayvon Martin, the Dream Defendersβa multiracial youth organizationβimmediately 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 clinicβs two supervising attorneys, JoNel Newman and Melissa Swain. βIf 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,β said Swain. βWe 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?β
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 βsleep-inβ in the state capitol, right outside Governor Rick Scottβs 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 Lawβs Leah Weston, a 3L at the time.
Briefs
PROFESSOR STEPHEN SCHNABLY, BENJAMIN WAXMAN, J.D. β83, AND RANDALL BERG, HEAD OF THE FLORIDA JUSTICE INSTITUTE.
ACLU Honors Professor Schnably
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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. β83, 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. βIβm honored to receive the award,β said Schnably, βbut more important has been the privilege to work with such a dedicated and outstanding team. The Pottinger decree wonβt solve the problem of homelessness but it does ensure that individuals experiencing homelessness are treated with the dignity and respect due everyone.β 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
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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 Lawβs 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
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Weston called what took place in Tallahassee nothing short of inspiring. βEach 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 Governorβs office, including musician and activist Harry Belafonte, rapper Talib Kweli, and civil rights leader and former NAACP chair Julian Bond.β Weston intends to pursue a public interest career, providing civil legal assistance to low-income communities. βI 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.β
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JORDAN REDAVID
News 3L Creates Jury Selection App
Redavid, J.D.β13, from Port Jefferson, NY, spent his 2L summer at Jordan the Miami-Dade Public Defenderβs Office completing his HOPE Fellowship.
PROFESSOR OSAMUDIA JAMES
During his time there, he had the opportunity to observe several criminal jury trials. He couldnβt help but notice that the State and Defense attorneys used the same cumbersome method to track jurors through the voir dire processβ the process by which attorneys select or reject certain jurors to hear a case. βEach attorney creates a hand-made grid on a manila folder, the squares of which reflect the specific seats in the courtroom,β said Redavid. βNeedless to say, aside from being tedious, the entire process seemed unnecessarily laborious and outdated, so I endeavored to come up with a solution.β 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 Appleβs 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 βJury Selectionβ had been approved and released to the public for download via the iTunes Store.
Professor James Wins 2014 Derrick A. Bell, Jr. Award
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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 βWhite Like Me: The Diversity Rationaleβs Negative Impact on White Identity Formation,β which will be published in the NewYork University Law Review and βOpt-Out Education: School Choice as Racial Subordination,β to be published in the Iowa Law Review. βProfessor James is an extraordinarily talented person of great integrity and moral courage,β said Miami Law Dean Patricia D. White. βShe is a fitting person to be recognized by an award named after Derrick Bell.β
Immigration Clinic Students Halt Deportation of Torture Victim
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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. βWe are delighted that the Clinic's first case to go through the entire arbitration process resulted in a victory for our client,β said Teresa Verges, Director of the Investor Rights Clinic. βThis 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 βchurningβ and persuasively making their factual and legal case in Mrs. Barnes's statement of claim and other well-written submissions."
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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 Clinicβs client was released on Christmas Eve. βWhen 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,β said Turjman. βOur client finally got his day in court and we are thrilled by the result.β
Sarah Klein Takes the Gold at M.I.T. Entrepreneurβs Bootcamp
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arah Klein and her team took first place at the inaugural MITx Global Entrepreneurship Bootcamp Competition with Kleinβs original pitch βUpLook, A Startup Concept to Turn Fashion Blogs into Retail Outlets.β As a Miami Law Student Development Director, Klein is always thinking forward. βGiven the challenging job market, there is a great opportunity for legal innovators,β she said. βTurbulence creates great opportunities for success. I want to encourage law students to adopt a more entrepreneurial approach to their workβto drive innovation, change lives, create jobs, and fuel growth. My experience at MIT has reinvigorated me to share this message with my students.β 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.
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Investor Rights Clinic Wins Victory
ADAM HOOCK, THEIR CLIENT, AND DANA TURJMAN
BIANCA OLIVADOTI, JAMES GALVIN, ERIC MALLOFF, AND LAUREN GONZALEZ
Briefs
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Steered 3L Lia Calabroβs Life Course LIA CALABRO WITH SENATOR PATRICK LEAHY
Innovative Students
RADIOHEAD
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By Catharine Skipp
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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 theyβd 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. βI was mad,β Calabro said, βAnd Iβm still mad.β 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 Communicationsβone of the top journalism schools in the countryβand in international relations. Her dream had always been to become a journalist. βMy mom always had Time and Newsweek lying aroundβnever Vogue, or any of thoseβand, being a military family, we were history buffs,β Calabro said. βI 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.β She applied for an internship at Time, Inc. and ended up at Sports Illustrated. βI looked at the top person and just thought to myself, βnobodyβs getting a job. Iβm just taking articles from the Associated Press and rewriting them. Iβm not searching for anything, Iβm not learning anything, and nobody is going to send me anywhere, even if I do the very best job that I could possibly do.β The landscape was changing so much. I went back to Syracuse for my senior year and kind of freaked out.β
INNOVATIVE
Students
immigration law. Miami wonβwhere better to study than one of the hubs for legal and illegal immigration? βI did the Immigration Clinic after my 1L year and have worked on immigration reform at the Senate. That was an unbelievable experience. βBut I came to Miami to have a different experience, meet new people, see a different part of the country, learn new things,β she said. βI donβt want to be stuck in the Northeast forever. I just wanted to spread my wings a little more.β 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. βI worked on different tech issues there, it was a rare and intriguing opportunity.β 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. βI 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 jurisdictionβover immigration, over intellectual propertyβand 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 havenβt been answered yet,β Calabro said. βIt was really the coolest job Iβve ever had.β 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. βWorking in the Senate made me feel like I was doing something to give back to my country, as my entire family has done,β she said. βEveryone has served in one way or another. I donβt know if Iβll pursue the Judge Advocate Generalβs Corps or what, but Iβll serve in some capacity. So, we will see how it goes. Weβll see.β
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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. βI thought to myself, βthatβs it! Iβm going to law school,ββ Calabro said. βIt was my last semester in school so I hadnβt taken the LSAT yet, as I hadnβt planned to go to law school. So I had a weird gap year in Chicago.β Her next move would be to the south and Miami Law, bringing with her the memory of her Kazaa litigation. βIt wasnβt 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, βOh, hell no! We donβt care, we are not fighting it. This is gone as soon as possible.β So there was no court, it was just settled,β she said. βIn 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?β 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
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2L Noel Pace takes
INNOVATIVE APPROACH
NOEL PACE WITH CLIENT HOSEA SMITH
to Solving Veteranβs Health Problems
By Emily Horowitz and Catharine Skipp
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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 Veteranβs Day 2013, he was following a long and distinguished family legacy. Paceβs 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 6β3β 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 schoolβs 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. βI 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,β Pace said. βI loved reading about General βBlack Jackβ 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 Officersβ 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
INNOVATIVE
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.β A favorite childhood television showβEmergency!βand an awardwinning science fair project he completed on ultrasonics would also play their part in Paceβs 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 Hospitalβs 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 Masterβs 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 Masterβs 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 heroesβPershing and Eisenhowerβare 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. βWhen 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.β 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. βWe received a fully-favorable ruling on the Social Security Disability claim we submitted and are currently challenging the VAβs determination that his leukemia did not result from his service.β Pace has been named to the Deanβs List every semester since Spring 2013 and earned the Deanβs Certificate of Achievement Award in the Health Rights Clinic. He received a scholarship to attend the American Bar Association Health Law Sectionβs Emerging Medical Issues in Healthcare Law Conference and was appointed
as law student liaison to the ABAβs Public Health & Policy Interest Group. His law review article regarding the 1980 Bayh-Dole Actβs impact on brain-injured veterans was published in the University of Miamiβs 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 Shalalaβs βBusiness of Healthcare Post-Electionβ conference as a Vitas Scholar. As President of the Health Law Association, Pace organized a panel called βThe Business of Health Law,β 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 Veteransβ Rights Fellow and Research Assistant for Professor JoNel Newman. In response to the need for more veteransβ rights advocacy and in an effort to get more law students involved, he is starting a law school chapter of the University of Miamiβs Veteran Students Organization. βWhile Noelβs 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,β said Newman.
IN N OVA TIV E ST UDE N TS
Students
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1L Sam Winikoff: A Long and
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SAM WINIKOFF
Winding Road to Miami Lawβs Door
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By Catharine Skipp
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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 bandmatesβmore 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. βI was doing the bookings and keeping the books, doing the merchandise ordering and shaking down club owners for our cut,β he said. The 27-year-oldβs 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. Itβs no wonder that they gave their son the freedom to chase his dream. Six years ago, Winikoffβs
INNOVATIVE
Students good time, where were the musicians and chefs? They were working. So Iβm really glad that my dad, especially, had the foresight to let me get that out of my system young. My dadβs mantra for it was, βIf not now, when?ββ Winikoff graduated from Florida Atlantic University summa cum laude in 2011 with an interdisciplinary degreeβan 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. βHFA has a mentoring program,β Winikoff said. βI 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.β 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 organizationβs 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, βand so, it was Miami,β he said. βI 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.β 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, βobviously a monster piano playerβ and remembers the Allman Brothersβ At Fillmore East, the first live American rock album, changing his life: βthe organ parts in there are SO good.β He may not be scraping by on the road anymore but βbeing on stage is the biggest rush and best feeling even still. Iβve not really been able to find anything that can counter or best it.β 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. βIt 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.β 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. βI 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 weβd hang out and drink coffee and chat for a while before getting down to playing,β Winikoff said. βOne 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 Iβve 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 musicianβs 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. βSome 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 Iβve ever heard and that is how their lives are going to be forever,β Winikoff said. βI remember my parents telling me that when people are out for drinks and having a
13
SCHOLARS LIVE UP TO PRESTIGIOUS AWARDS SCOTT SQUIRES, LEAH WESTON AND EAMON WELCH
and Graduate with Honors
By MichelleValencia
MI A MI LAW maga zi ne | FA LL 201 4
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eet three outstanding recent graduatesβScott 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. βIt was a great privilege to receive the Reid Scholarship,β said Squires, who recently became an associate in Greenberg Traurigβs real estate group in Miami. βThe generosity of the University of Miami opened countless doors for me and my time at the law school exceeded my greatest expectations.β 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 Deanβs Certificate of Achievement. Weston was both a Harvey Reid Scholar and Miami Public Interest Scholar. She remained on the Deanβs List all semesters at Miami Law and won the CALI Excellence for the Future Award, as well as the Deanβs 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 βCane, was also inducted into Iron Arrow, the University of Miamiβs oldest tradition and highest honor during her third year. βI come from a family of Miami Hurricanes, so it was a particularly meaningful way to round out my time
at the University of Miami.β 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 Schoolβs 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 Deanβs Certificate of Achievement Award and the CALI Excellence for the Future Award. Welch was also a Deanβs 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 Traurigβs real estate group. Welch credits the Mentschikoff Scholarship with βopening up unbelievable doors for my professional career.β βAfter receiving the Mentschikoff Scholarship and visiting Miami Law, my decision to attend was easy,β he said. βThe 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.β
F
ilm is an intensely collaborative medium.The great examples of that art formβCitizen Kane, The Godfather, Annie Hall, Pulp Fictionβwere 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 Jestβall 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, donβt 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 clientβs order or restocking the shelves. The team production theory of the firmβa branch of economic theory that grew from Ronald Coaseβs landmark article The Nature of the Firmβoffers one explanation for why bosses donβt 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 teamβs 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
Innovative Faculty
ANDRES Sawicki
SMARTTAKES
BY PROFESSOR ANDRES SAWICKI
15
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SMARTTAKES
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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 sportsβa basketball coach has to determine whether the team canβt score because the point guard is making bad passes or because his teammates canβt get open.The key is that itβs 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 claimβ 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 βjoint workβ as a work in which two or more authors intend to merge their contributions βinto inseparable or interdependent parts of a unitary whole.β This is what characterizes the team production scenarioβthe team membersβ 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 βbased uponβ an original work.Think of Rocky II as a work βbased uponβ 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). Hollywoodβs 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 teamβs leader the residual claim. But the leader in a team production firm doesnβt 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 bandsβthe 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). Literatureβs 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. Alloyβs resultsβincluding The Vampire Diaries and Gossip Girlsβdonβt 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 Sawickiβs 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
I
write on the occasion of the retirement from a rich and wonderful thirty years at Miami Law of my friend and colleague, Mary Coombs. Letβs begin with the official bioβa quick and incomplete snapshot of Maryβs admirable career βon the books:β a four-degree University of Michigan graduate (J.D. β78 summa cum laude, M.A. β70 Library Science, M.A. β67 Sociology, B.A. β65 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 UMβs 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 βoff the books.β That Mary is the ideal academic colleagueβa 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 doesnβt 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
Faculty
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 Oneβs 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 articleβ e.g., βpretend to have seenβ¦β or βdonβt you wish you had seenβ¦β! Maryβs approach to law and legal scholarship is pragmatic. She is concerned with how law affects real peopleβs 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, Maryβs scholarship has always been modern, in the forefront of identifying and responding to important social issues as they arise. Mary has left a lasting legacyβ 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
INNOVATIVE
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FACULTY PUBLICATIONS 2013 β 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). βHe is the Darkey with the Glasses Onβ: 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).
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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).
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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 Publicβ¦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 Lawyersβ 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 GuantΓ‘namo Military Commissions After Hamdan II, 3 University of Miami National Security & Armed Conflict L. Rev. 7 (2013). MICHAEL FROOMKIN βPETs Must Be on a Leashβ: 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 βAffirmation of Commitmentsβ, 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 βSignificant Confusionβ Prompting California Avoidance; Bryantβs 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 DrugsβThe 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 jurΓdico: Una dissensiΓ³n epistemolΓ³gica, in EstΓ‘ndares de Prueba y Prueba CientΓfica: Ensayos de EpistemologΓa JurΓdical 65 (Carmen VΓ‘zquez, 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).
INNOVATIVE
Faculty
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: Americaβs New Dilemma (Greenwood Press 2013).
STANLEY I. LANGBEIN PPL, the Foreign Tax Credit, and the Gitlitz βFingerβ 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 Courtβs 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 βSmut and Nothing Butβ: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 Whoβs Naughty andWhoβs Nice? Frictions, Screening, and Tax Law Design, 61 Buffalo L. Rev. 1057 (2013). BERNARD H. OXMAN Agora:The South China Sea: Editorsβ 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 Lawβs 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
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AUTONOMOUSWEAPONS
20 ILLUSTRATION BY FLΓVIA SANTOS
By Carlos Harrison
M
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. Itβs an 800-year-old town thatβs 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 thatβs 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. βThe foreign service sounds good in practice,β he says, βbut 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?β 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, βI 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.β He got his masterβs at Stanford University, then clerked at the Supreme Court of Israel. Then, to be sure about his career path, he says, βI worked as a lawyer for a brief period of time to see whether that would interest me.β 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 wasnβt for him. βBut law and legal academia interested me nonetheless.β So did biking. He started at β4 or 5,β he says, and bought his first road bike at 15. βI worked all summer for it,β he says, βAnd I bought my road bike and I just took it out and biked and biked and biked.β His first long-distance trip came while he was in Vancouver, Canada, during an exchange program during law school. βI thought it would be interesting if I biked from Canada to Mexico.β He did: about 1,800 miles in all, in a bit over a month. βAnd then I thought it would be nice to do a really long bike trip from my parentsβ place because I had never started there,β he says. βAnd when you do that in Europe you think of two places. One is Asia. The other is South Africa.β So, in 2008, after his stint at WilmerHale, Wagner left his
INNOVATIVE
Faculty birthplace to travel the world, yet again. βI decided to bike from the Black Forest to the Yellow Sea.β 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 wonβt be his last. βThat 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.β After his return from the road trip to Asia, he accepted the position at Miami Law. Since then, the list of Wagnerβs scholarly writings demonstrate two disparateβbut, he insists, relatedβ 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 βHow do you translate scientific inquiry and the results of scientific inquiry into legal rules?β 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 thereβs no harm related to the practice. Thatβs not good enough for Europeans. βThe question is, is there enough scientific evidence to warrant that prohibition of importing beef treated with hormones?β Wagner asks. βYou have scientific evidence on both sides that is fraught with uncertaintyβ¦
IN N OVA TIV E FA CUL TY
Professor Markus Wagner Engages in International Trade Law and Autonomous Weapons
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INNOVATIVE
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PROFESSOR MARKUS WAGNER IN THE TAKLAMAKAN DESERT, CHINA
Faculty
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Scientific evidence is never a yes or no answer. Itβs many shades of gray.β The challenge from a legal standpoint, he says, is that βWe in the legal field always like to think in yes and no termsβ¦ A person is either guilty or not guilty. Heβs not a little bit guilty.β 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. βThe interest is how do we fit technology into our legal world and,
in many ways, who gets to make those decisions,β he says. βDo 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.β In short, he explains, can AWS distinguish between soldiers and civilians? And can they determine the correct level of response? Those factors, he says, βare the two cornerstones of international humanitarian lawβdistinction and proportionality.β This is not science fiction, he says. Itβs science fact. βAutonomous 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.β That, he says, is why itβs important to raise the legal issues now, before AWS hit the battlefield. βI think Iβm one of many people at the law school who does research that may initially look far out, but itβs actually cutting edge research,β he says. βHow 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.β
revengeporn
IN N OVA TIV E FA CUL TY
PROFESSOR MARY ANNE FRANKS
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Mary Anne Franks PROFESSOR PUGILIST: Revenge Porn and Krav Maga By Carlos Harrison
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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 βthe most dangerous little town in America.β Of course, back then she probably wouldnβt 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 sheβd 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. βA Sunday school teacher, I think, gave me a little chalkboard,β she says. βI 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.β It was in her blood. Franksβs parents were both professors, who met teaching at a university in her motherβs 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 βcouldnβt really think of what else to do,β so she took Franks and her two brothers to be near their fatherβs family in his hometown, Pine Bluff. Her mother was turned down for job after jobββoverqualifiedββas 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 fatherβs 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 βa lot of theater,β including once as Scheherazade. Thatβs 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 βdidnβt really know what the Rhodes Scholarship was.β
She got it, and went to Oxford to earn her masterβs and doctorate in modern languages. As she neared graduation, though, she reached βa crisis of conscienceβ about staying in the humanities. βI became increasingly obsessed with, for lack of a better term, real-world issues. I wasnβt happy just talking about literature. I wasnβt happy just talking about philosophical concepts. I wanted to talk about political issues and real-world events.β 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. βI was going to become a prosecutor for that court, and I was going to be a judge for that court and thatβs really how I had my whole life set up.β Except, by the time she got her J.D., she says, βI thought, this has been a really expensive three-year diversion, but I hate everything about the law. I hate everything about the way itβs taught and practiced. I just want to go back to doing humanities.β 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, βmade me want to be a law professor. I could see what the impact of it was.β
INNOVATIVE
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βA lot of it was Hollyβs perseverance,β she says. Here was a woman who wanted change not just for herself, but for everyone. And, Franks says, βEvery 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. βIf I was in her position and a similar thing had happened to me, I donβt 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.β 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. βI see parallels in the ways that women and racial minority men are categorized together, stereotyped together and treated badly,β she says. βI 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.β Thatβs why, she says, βI 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.β
revengeporn
Then came the Bigelow Fellowship, and a chance to spend two years at the University of Chicago Law School. βI have never had a more enriching experience,β 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 βUnwilling Avatars: Idealism and Discrimination in Cyberspace,β it stated: ββ¦ the creation of unwilling avatars involves invoking individualsβ 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.β 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 couldnβt. At the time, there was no law against it. She went to Franks and asked bluntly, βDo you think you can help me change the world?β Franks βreluctantly agreed.β
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Cover Story
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
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aw builds on thousands of years of humankindβs efforts to set standards and rules for working together.Yet it is ever-changing. Constantly evolving. Always new. Miami Law doesnβt just keep pace. It sets it. Through its courses and discourses, its professors, students and alumni, Miami Law stands in the vanguardβfirmly grounded in a tradition of excellence while leading into new frontiersβat the intersection of imagination, innovation, and impact. The schoolβs 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 worldβfrom Brussels to Beverly Hills, Davie to Dubaiβthe 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 βLaw, Literature, and Capital Punishment,β 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 EspaΓ±a. 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 Cawoodβs time in Professor Lesley Rosenthalβs one-week short course, βThe Role of In-House Counsel in Non-Profits,β led to an internship at The Arsht Center for the Performing Arts. βI canβt believe how much I learned in Professor Rosenthalβs class in a week. Whatβs even more surprising is that through the class, I got this amazing internship opportunity,β she said. LL.M. student Rita Chertorivski also took Rosenthalβs 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, β[Miami Lawβs] short courses are often taught by practitioners who
Brandon Faza, a graduate student in the M.D./M.B.A. dual-degree program. βI hope the model provided by βThe Idea of the Hospitalβ spreads to all centers of higher education.β 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.β Innovative approaches to learning and the law extend far beyond the short courses. βThe Idea of The Hospital: An Interdisciplinary Inquiryβ 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. βThe 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,β 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 βEngaging Communities to Ensure Equitable Access,β βLaw and Ethics in the Hospital,β and entrepreneurship possibilities. βI believe that the educators of UM who are pioneering this course have hit the nail on the head,β said
LWOW X INNOVATING LEGAL EDUCATION AND PRACTICE
Miami Lawβs 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: βto 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.β 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 schoolsβ Miami Law; University of Montreal; University College London; IE University; the Graduate Institute, Geneva (IHEID); the University of East London; and Γcole HEADβ participated. This year LWOW X will be offered to all 26 law and business schools that are a part of the LawWithoutWalls community. βLawWithoutWalls is designed to break down the walls that exist between education and practice, academics and lawyers, students and professors,β said DeStefano. βIt connects institutions and people from around the world to collaboratively problem solve lawβs biggest problems. In the process, LawWithoutWalls develops professional service providers to meet the demands of the 21st century.β LWOW X, she said, βattempts 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.β
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One of the newest virtual offerings is βLWOW X Compliance.β Led by DeStefano, itβs an outgrowth of βCompliance Elliance,β a course originally designed by Professors David Abraham, Rick Williamson, Rob Rosen, and Hendrik Schneider (University of Leipzig). Its origins lie in βa shared interestβ 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, βwho 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.β In the words of inaugural Eversheds Fellow for LawWithoutWalls, Erika Concetta Pagano, J.D. β13, the offering βbrings together like-minded students from both universities to work together in teams of two to address, discuss, and explore topics dealing with compliance in todayβs 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.β
DeStefanoβs on-campus class βInnovation, Technology, and the Legal Profession,β 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 theyβre 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 βEnergy Lawβ and βEnvironmental Lawβ 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, βEnergy Lawβ specifically examines the electricity sectorβs market structure and the legal and policy questions affecting various forms of power generation, from nuclear to natural gas and renewables. In βEnvironmental Law,β 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 thatβs both cutting-edge and in-depth. Miami Law Vice Dean Patrick Gudridgeβs βConstitutional Law III: The Current Momentβ 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 termβeven 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 βimplementation the Affordable Care Act (ACA)β also takes students into the latest legal developments and their effect. Professor of Law and Deanβs Distinguished Scholar for the Profession Frances R. Hill teaches students about the major elements of
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ohn M. Barkettβs 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-nativeβs epiphany moment. βWhat I realized was this was malpractice in-waiting,β said Barkett. He would return to his firm and organize a seminar for the attorneys. βI was terrified that people would be violating duties to preserve because they didnβt realize that electronically stored information can disappear with a stroke on a keyboard,β he said. Barkett would start researching and writing on the subject. At Miami Law in 2007, he began teaching βElectronic Discoveryββ 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. βI proposed this class; I created it from whole cloth and it became the basis for my first book,β Barkett said. The class took off. Even though he teaches at 7:30 am to try to manage the size, this yearβs class is bigger than ever. βIt is knowledge that gives students an edge when interviewing,β he said. βSome 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.β
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ACA and about the lawyering skills theyβll 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, βSeveral 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.β Laws change. So do the expectations of lawyers. Professor William H. Widenβs course offers a rareβand extremely specificβexamination of the role of βThe Corporate Lawyer.β 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 βan eye for detailβ 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.
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Itβs a novel approach to the area of study, aimed at real-world application. An equally groundbreaking form of coursework is found in the βWashington, D.C., Semester in Practice,β which combines an externship with coursework in the nationβs 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. βRegardless of whether oneβs primary practice focus is legislative advocacy and lawmaking, policy advocacy and implementation in administrative agencies, or litigation,β Copeland said, βthe practice of law is strengthened by the knowledge and appreciation for the connected nature of these policymaking forums.β Itβs an important perspective. And it reflects Miami Lawβs emphasis on innovation. Whether itβs 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. βLegal Informatics,β 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. βItβs a hot area,β Sayed said. βHow we will do βintelligent law,β 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.β
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 UnitedLexβs 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. βA 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,β said Patricia D. White, Dean and Professor of Law at Miami Law. βMiamiLex 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.β 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 βfriendly robotsβ in society, and Froomkinβs own questions about βSelf-Defense Against Robots.β
Itβs far from far-fetched. Froomkin pointed to situations that are all too real, yet exist in still murky regions of the law. βMay 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?β 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.
βBy 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,β she said. βThe 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.β Approved for CLE credit, the conference provided imaginative discussions, including βStructural Inequality and Gender Violence,β βAlternatives to Criminal Justice Strategies,β and βReframing Gender Injustice as a Violation of Human Rights,β among others.
βCONVERGE! 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,β said CONVERGE! Co-chair Leigh Goodmark, Co-Director of the Center on Applied Feminism at the University of Baltimore School of Law. βThanks 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.β A unique collaborative effort between OUTLaw, the Universityβs 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 Courtβs 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 downβsuch as conflict of laws, family law, estate planning, federal regulatory benefits, and tax and immigration. In the final lecture, some of
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INNOVATING into the the marriage equality movementβs 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. βThe last lecture was the perfect demonstration that the law is changing for the better,β said Sean Maye, last yearβs co-President of OUTLaw. βBoth the older and younger generations of the LGBT movement can now come together under a common, shared experience.β
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Elizabeth Schwartz, Miami Law alumna and co-organizer of the course, added, βI 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.β Similarly cutting-edge discussions of the law are taking place on Jotwell, the Miami Law-sponsored blog βJournal of Things We Like (Lots).β 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 siteβs mission statement puts it: βNever 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 oneβs own specializationβ¦ other than asking the right person, thereβs no easy and obvious way to find out whatβs new, important, and interesting in most areas of the law. βJotwell fills that gap.β In short, itβs the Trip Advisor of legal scholarship, with section editors from law schools across the country serving as travel guides and βreviewersβ 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 βreviews,β though, the editors are faculty members, not students. The focus on impact also led to the creation of Miami Lawβs new International Arbitration Institute (IAI). With Miami as a backdrop as one of international arbitrationβs most crucial hubs, the Institute is ideally situated for professional development,
learning and networking with the worldβs 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 Miamiβs 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.
βBeyond the readings and lectures,β said LL.M. student Matt Weber, βour professors made sure that we were given the opportunity
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FUTURE
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. βLaw 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,β she said.
She came away changed, she said, in ways she sees will shape her throughout her career. βFrom what Iβve 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.β Providing that preparation is at the heart of Miami Lawβs 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.
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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.β 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 Universityβs 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. βIt offers students that direct application of mindfulness in areas that matter to them,β Rogers said. The aim for students, he said, is to βlearn 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.β The application and study of mindfulness techniques reach across the University. Rogers and Professor Amishi Jha co-founded the University of Miamiβs Mindfulness
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Bernard Siegel, B.A. β72, J.D. β75
BERNARD SIEGEL, β75
Alumni
Embraces a BRAVE
By Catharine Skipp
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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 βindieβ 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 worldβs 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 childβs 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. βI would take certain risks if I thought they were right, and I had the ability to do them,β he said. Method. Motive. Opportunity. It didnβt hurt that the only child from Richmond, Virginia, grew up during the βSpace Race.β 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 fatherβs 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 Siegelβs 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 βit showed me how society can be changed for the better.β 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. βI 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 βgreasy poleβ to become the leading statesman of his day.β Siegal draws inspiration from history based on the premise βwith public sentiment nothing can fail; without it nothing can succeed.β 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 Siegelβs 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 βshamβ and their claim was widely perceived as no more than a publicity stunt. βThis was the first chance to protect the interest of a cloned child and there was great seriousness of purpose,β he said. βThe 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 βcloning case,ββ Siegel said. βI recognized it as a βworkβ 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. βI knew these people were negatively impacting the field of research,β said Siegel. βThe 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.β The case would bring Siegel together with those on the forefront of legitimate scientific and policy advocates. By monthβs 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 βPro-Cure Movement,β 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 worldβs 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. β72, 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. βI learned early on that if Bernie had a passion for something, I had to jump on board and be with him,β she said. βHe promised me travel and Iβve been to cities I likely never would have seen in my life. Weβve met Nobel Laureates, political leaders, and so many fascinating and inspiring people around the world. Iβm a proud spouse who sits in the front row, thrilled and excited for how far my college sweetheart has taken this.β
IN N OVA TIV E AL UMN I
NEW WORLD
INNOVATIVE
35
GLOBAL IP MARKET MAKER MAKES A DIFFERENCE
MI A MI LAW maga zi ne | FA LL 201 4
HORACIO GUTIERREZ, β98
Horacio Gutierrez, J.D. β98
36
By Mary Lynn Lyke
H
oracio Gutierrez, J.D. β98, 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 Venezuelanβtoday a powerful figure at Microsoft Corporationβneeded
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. βWere 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.,β 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 Microsoftβs worldwide intellectual property group. Itβs 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. βThe job of managing the intellectual property is critically important to the success of the firm,β 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 donβt get. βHeβs also genuinely niceβeven if youβre on the other side of the fence from him.β Gutierrez has waged and won his share of fierce legal battles protecting Microsoftβs patents, copyrights, trademarks, and trade secrets. Itβs a Herculean task at a company that invests more than $10 billion a year on research and development innovations. But heβs best known for his skills as a savvy deal-maker, an IP boss whose Microsoft team
INNOVATIVE
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 βbusiness-like manner,β 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. Itβs 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. βWhen you get any consumer electronics product in your houseβa television set, a stereoβyou 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 donβt 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,β 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 βseverelyβ 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. βHis passion for helping others, for advancing the interests of law students, and for empowering the Latino community is unparalleled,β said Pozo. Gutierrez grew up a lawyerβs son in Maracaibo, Venezuela. As a boy, he played with his fatherβs 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 CatΓ³lica AndrΓ©s Bello; on summer break, he enrolled in his first software coding class and βfell in love.β 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, whoβd 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. βFor me, every class was an exercise in comparative law.β 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. βThat experience is unlike anything I had anywhere else,β said Gutierrez, who has also served as adjunct lecturer at the school and last year was named Lawyer for the Americas by the schoolβs 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 giantβs βcutting-edge legal opportunitiesβ 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 companyβs products and services group. βNo one at Microsoft has put a limitation on what I am expected to doβand I certainly havenβt put one on myself.β
IN N OVA TIV E AL UMN I
Alumni
37
Carolina Garcia Jayaram, J.D. β04
CAROLINA GARCIA JAYARAM, β04
CHAMPION of the
By Mary Lynn Lyke
MI A MI LAW maga zi ne | FA LL 201 4
E
38
ven at a tender age, Carolina Garcia Jayaram, J.D. β04, looked at creative endeavors with an entrepreneurial eye. She was only eight years old when she and a friend launched one of their early startupsβa T-shirt business, doomed to failure. It took them six hours to make one shirt. βHighly untenable,β said Jayaram, now CEO of Chicago-based United States Artists, one of the art worldβs largest grant-making advocacy organizations. Artistic and ambitious, she was also, she admits, an βargumentative childββdestined 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. βI wanted to be a poet, but I realized it was unlikely Iβd be successful,β she said. After several venturesβincluding cooking school and a start-up catering serviceβshe realized her ultimate vision was to run her own non-profit. She decided law
ARTS
school would give her the background to do it. βI 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.β Her affinity for the artsβand the business of the artsβled 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, Jayaramβs 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 OβNeill, J.D. β02. Their goal was for lawyers to work one-on-one with artists on a pro bono, reduced rate, or barter basis. βWe were the brokers. We would go to a community of lawyers and ask, βWho is interested in this case?β then set up relationships between artists and lawyers,β she said. βUnlike 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.β After graduation, Jayaram continued to work several years directing LegalArt, which has evolved today into Miamiβs 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. βShe 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 Americaβs artists are being recognized and supported,β said Michael Spring, director of the MiamiDade County Department of Cultural Affairs. Jayaram was drawn to Miami Law by the schoolβs strong commitment to public service and community outreach. βA lot of law schools tend to be inward-looking,β she said. βThe University of Miami School of Law is not like that. It seeks to improve the community and inspires its students to do the same.β She took part in the Center for Ethics and Public Serviceβs clinic program, working on an innovative partnership between the law and architecture schools that helped create a land trust for Coconut Groveβs historic district. Her commitment to community outreach earned her fellowships with both the Miami Foundationβs prestigious Miami Fellows Initiative and the law schoolβs HOPE Public Interest Resource Center, where professors applauded her work on LegalArt. βShe was extremely dedicated and tenacious, working across disciplines to build the non-profit,β said HOPE director Marni
INNOVATIVE
ARTiSts
each yearβwas 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 nationβs 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. βWhen Catherine Opie got the award, she said, βWow! I can finally buy the camera Iβve been needing for years,ββ said Jayaram. βI was shocked that someone of her stature couldnβt get the camera she needsβthat artists are struggling, even at that level.β The $50,000 grants are unrestricted, giving artists the freedom to take chances, try out new media, and expand on ideas. βOur fellows are already accomplished artists,β said Jayaram. βThe problem for them is often, do they continue to lean on the things that they know will be wellreceived? Itβs hard to take risks when your livelihoodβs at stake. But this infusion of grant money allows them to try out new things.We seed experimentation.β Her goal as CEO is to not only invest in artists but to illuminate their value to society. βThey are our translators, helping us understand the world around us, whether itβs politics, environmental issues, human rights, or exposing new ways of understanding beauty and aesthetics,β she said. βThey see and interpret our environments in a way that other people canβt.β
UNITED STATES
Lennon, Assistant Dean for Public Interest and Pro Bono. βShe did not get caught up in the day-to-day so many students get immersed inβshe took what she was doing in the classroom and applied it to the community.β Taking the reins at United States Artists, Jayaram headed the Chicago Artists Coalition, where she breathed new life into a last-gasp organization. βA formidable force for change,β 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. βThe 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,β said Jayaram, who was named βChicagoan of the Yearβ 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 sheβs working on legal issues or mixing with people in power. βOne of the valuable things I learned at the law school is the awareness of the way myriad types of businesses work from the inside,β she said. βA lot of people are intimidated by the seeming complexities, but because of law school, Iβm much less so.β United States Artistsβwhich gives $50,000 grants to 50 top artists
IN N OVA TIV E AL UMN I
got start at MIAMILAW
Alumni
39
CLASSnotes 1948
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 childrenβs 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 Districtβs Hall of Distinction in Monticello, NY.
1958
1970
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 Floridaβs 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 Attorneyβs Division of the Greater Miami Jewish Federation with the 2014 Lifetime Achievement Award.
1973
1979
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 Womanβs History Coalition of Miami-Dade Countyβs Women of Impact Award for her βCharacter, Courage, and Commitment.β 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 βTrishβ 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 Womenβs Insolvency and Restructuring Confederation. She also received the 2014 Lawyers in Leadership Award presented by Miami Lawβs 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 Groupβs 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 βRickβ Sapir, real estate and business law attorney, joined Edwards Wildman Palmerβs real estate practice as counsel.
1972
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 Foundationβs 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.
40
Robert A. Butterworth, Floridaβs
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.
1975
Linda Wolff, who achieved success in
law, politics, catering, and real estate, died December 15. She was 66.
1976
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 Lawyersβ Guildβs 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 Miamiβs 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
1986
1982
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 βTrade, the Precautionary Principle and the PostModern Regulatory Process.β William J. Spratt, Jr. has joined Akerman LLP as a partner in the firmβs 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 yearβs 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 KΓΆnig, 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 firmβs Key West office. Jay A. Steinman, a shareholder at Carlton Fields Jorden Burt, has been named one of the Ronald McDonald House Charitiesβ 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 Trendβs 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 Creditorsβ 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.
1990
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.
1991
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 Trendβs Legal Elite peer recognition program.
41
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 Guardβs 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 Austinβs 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 Guardβs 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 PeΓ±a 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
1994
42
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 Serviceβs 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 Beachesβ 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 GrayRobinsonβs 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 GrayRobinsonβs Orlando office, was presented the 2013 Chairmanβs 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 Commerceβs 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 Councilβs 2014 Florida Most Powerful & Influential Woman Award.
1997
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.
1998
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 Eliteβs βlegal elite attorneysβ 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.
1999
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 Childrenβs 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.
2000
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 Barβs 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 Marderβs Orlando office, will serve a three-year term on the Ninth Judicial Circuit Grievance Committee βDβ 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 Burtβs 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
2006
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
Victimsβ 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 Legacyβs 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 Courtsβ 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 Colorβs Third Annual Power List.
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Nicholas J. Bakatsias has been
named director at Carruthers & Roth, P.A in Greensboro, North Carolina. He is a member of the firmβs 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.
2007
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.
2008
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of The Childrenβs 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.
2010
Akivia Bassaragh, attorney at the
Miami-Dade Public Defenderβs 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 Barβs 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.
2011
Rob Collins and Erin Lewis, both public
Arthur J. Baker, an associate for the Orlando office of BakerHostetler, was
2013
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.
2014
Charlotte Joseph Cassel received
Cn
interest lawyers, were married on December 31. Matthew M. Comiter joined Gunsterβs Miami office as an associate in the private wealth services and tax practice groups. Nichole Geary joined Broad and Casselβs West Palm Beach office as an associate in its Health Law Practice Group. Aubrey Gibson Jr. joined Cozen OβConnorβs Miami office as an associate in the Business Law Department.
2012
appointed to the March Madness Events Committee of the 2014 NCAA Menβs 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 Catsmanβs 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, βWE ARE SPENDING THE NIGHT IN COLDWATER STOP SIGNED MR AND MRS DAVID CATSMAN STOP.β What follows is a whirlwind: fleeing the depression in the Midwest, Elinor finishing her degree at βCardboard Collegeβ (UMβs moniker)βher 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 βI liked them fast,β 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. βI 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,β she said. She worked to integrate women fully into the boyβs club of law. βThere were very few women practicing and all of us had a pretty hard time with discrimination,β she said. She chaired the Florida Barβs Special Committee for Gender Equality, βnot only for women lawyers, but for witnesses
LEGACY
Alumni and courtroom personnel.β 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 Attorneyβs Office. She mostly handles child sexual battery and narcotics trafficking. βMiami Law was an easy decision for me,β Allison said. βBoth my parents are attorneys, my grandfather was an attorney. I honestly think UM is one of the best law schools.β Also was the advantage of staying close to family. βMy 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.β Even though neither David nor Elinor attended Miami Law, Elinorβs backing, in Davidβs name, started them as founding allies of CEPS. βElinor Catsman and her family have served as supporters and stalwart friends of the Center for nearly two decades,β said Professor Anthony V. Alfieri, director of CEPS. βHer unmatched generosity, kindness, and deep commitment to social justice have inspired scores of students and will leave an enduring legacy.β Retirement for Elinor and David was a growing passel of grandchildren, travel, golf, and dancing. Just days before Davidβs 85th birthday, he would play 18 holes of golf, then leave this world from the dance floor to the strains of βI Left My Heart in San Francisco,β one of their favorite cities. 45
HILARIE BASS, β81
Momentum2 Campaign
MOMENTUM2
The BRICKS Add BASS
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hen Hilarie Bass was a student at Miami Law, the law school quadrangle known as the βBricksβ 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.β81, 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. βI chose the Bricks because it is the center of campus life at the School of Law,β said the native Miamian. βI 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.β
Her $1 million commitment to Miami Law will honor the value of practical experience and training afforded to the schoolβs law students. βThe law school taught me to solve peopleβs 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,β Bass said. Even though as a young girl she dreamt of stage and screen, going so far as to win the nationβs most highly regarded student awardβthe Silver Knightβin 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. βIt was like a mind meld; I totally got it. I got what they were looking for,β she said. βI loved taking law school exams; it was like a game.β 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 Lawβs Visiting Committee and Momentum2 Campaign Committee, as well as generous contributor to UMβs 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
F
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 Floridaβs 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 Lawβs We
Robot annual conference. Silvers is also a UM Trustee, on the School of Lawβs Momentum2 Committee and Visiting Committee, the Deanβs Council, and the Heritage Society. βI believe that great education creates great opportunities for our students,β Silvers said. βWe 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.β 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. βI never realized that there was a place on the planet where it was spring and summer twelve months of the year,β she said. The almost-native would study psychology, political science, and philosophy at the University of Miamiβitβs all related, she would sayβbefore arriving in the world of torts and certs. There, she would feel she really clicked. βI love the law. From an intellectual perspective, I find it challenging and interesting,β the Springfield, Illinois native said. βI was the one who would brief and re-brief Supreme Court decisions because I just loved the cases.β 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.
Momentum2 Campaign
LAURE SILVERS, J.D. β77 AND MITCHELL RUBENSTEIN
BREAKTHROUGH Campaign
for the University of Miami
The
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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
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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 schoolβs 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 & Caseβs support by naming the degree program of the Institute the βWhite & Case International Arbitration LL.M. Degree Program.β 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. βWe are committed to ensuring that White & Caseβs generous gift has the significant impact it deserves,β said Paulsson. βOur 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.β βThis 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,β said UM School of Law Dean Patricia D. White. βWhite & 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,β said Hugh Verrier, Chairman of White & Case. βWe are particularly pleased to have this opportunity to honor Carolyn, who is one of the most distinguished lawyers in her field.β Lamm, J.D.β73, is a partner at White & Case and Co-Chair of its International Arbitration Practice for the Americas. Lammβs 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. βWhite & Case and the University
MOMENTUM2
for the University of Miami
iami Lawβs 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.β13, and Ryan Foley, J.D.β13, 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 veteranβs 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. βThe unfortunate truth is South Florida has one of the highest populations of homeless veterans in the country,β said Foley. βMore 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.β βI find it especially rewarding to work with victims of military sexual trauma (MST),β said Gold. βMST 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
Momentum2 Campaign
M
ALISSA GOLD WITH CLIENT
Equal Justice Works AmeriCorps Awards Miami Lawβs 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,β said Lamm. βUM 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.β
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THE LATE PAUL T. DEE, J.D.β77
The BREAKTHROUGH Campaign
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female victims in a space that feels safe to them, and then, advocate aggressively on their behalf.β βThe Fellows and Health Rights clinic students are answering their special call to duty as attorneys serving veterans who have served all of us,β said Melissa Swain, Associate Director of the Clinic and the Fellowsβ direct supervising attorney. βThey 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 yearβs worth of work and we hope that we are able to secure the necessary funding to make this project sustainable going forward.β The Health Rights Clinic explores innovative ways to improve legal education and educate future lawyers to deliver quality legal services to underserved populations. The Clinicβs 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 Medicineβs Pediatric Mobile Clinic and its Comprehensive AIDS Program.
Law Alumni Association Supports the Paul Dee Endowed Scholarship Through Homecoming Golf Tournament
P
aul T. Dee, J.D. β77, 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 championshipsβtwo 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 Associationβs 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. βMy family and I are so grateful that the Law Alumni Association continues to honor my father,β said Terrance A. βTadβ Dee, J.D. β99. βHe 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.β 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, UMβs most prestigious honor. He led the successful efforts to raise University of Miami studentathletesβ academic performance, and today every sports team surpasses the NCAAβs Academic Progress Reportβs minimum standards. Dee also helped spearhead UMβs 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.
MOMENTUM2
for the University of Miami
W
hen Ira Bodenstein, J.D. β80, was a student at Miami Law, he served as President of the Student Bar Association. βMy 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,β 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 Lawβs
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 Associationβs βChicago Alumni Achievement Award.β 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. βMy mother had a lifelong love of learning,β he said. βWhat 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,β 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 areasβaquaculture, coastal zone management, and marine conservation. βThe 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,β said Miami Law Adjunct Professor Daniel Suman, who is also a Professor of Marine Affairs and Policy at RSMAS. βStudents 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.β βMy hope would be that the scholarship helps the recipients achieve their career goals,β said Bodenstein.
Momentum2 Campaign
Miami Law Alumnus Creates Scholarship in Memory of His Mother
IRA BODENSTEIN, J.D. β80
βMiami Law played an important role in my fatherβs life and continues to play an important role in mine,β said Terrance Dee, a law clerk for Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida. βIn both of our cases, the Law School not only prepared us to practice law, but also introduced us both to incredible people.β The Paul Dee Scholarship is awarded annually to a law student based on merit and financial need. βMy hope is that the Dee Scholarship not only will help deserving students, but also help the Law School to continue to attract great talent.β
51
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 Deanβs 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 Deanβs Circle requires increased participation. Dean Patricia D. White and I invite you to renew your Deanβs 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. β72 Vice President for Fundraising and Deanβs 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 gangones@law.miami.edu or 1.866.99.UMLAW.
ANNUAL GIVING REPORT DEANβS CIRCLE LISTING BY GIVING LEVELS
Please note: the 2013-2014 Annual Giving Report acknowledges only those donors who have qualified for the Deanβs 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.
Philanthropist: $25,000+
Robert A. Ades, J.D. β73* Akerman Senterfitt Richard Axel, M.D. Barclays Bank, PLC Steven A. Berger, J.D. β76 Wayne E. (J.D. β82) & Arlene J. Chaplin Southern Wine & Spirits of America, Inc. Hon. A. Jay Cristol, J.D. β59 Eversheds LLP FINRA Investor Education Foundation Lewis D. Gold, M.D. & Lori C. Gold Gary W. Gomoll, LLME β81* Stuart Z. Grossman, J.D. β73 Burton* (J.D. β52) & Lydia Harrison Larry J. (J.D. β54) & Deborah, (J.D. β83) Hoffman David C. Humphreys, J.D. β83 Kozyak Tropin & Throckmorton, P.A. Jerry Markowitz, J.D. β74 & Patricia Redmond, J.D. β79 Podhurst Orseck, P.A. Peter Prieto, J.D. β85 Jay B. Shapiro, J.D. β87 Laurie S. Silvers, J.D. β77 & Mitchell Rubenstein Hollywood Media Corporation The Alma Jennings Foundation, Inc. Jeffrey M. Fine, J.D. β67 The Florida Bar Foundation Joseph Weinberger, J.D. β82 White & Case, LLP
Benefactors: $10,000 to $24,999
Association of Corporate Counsel South Florida Chapter Frank R. (J.D. β76) & Georgie A. Angones Tod Aronovitz, J.D. β74 Aronovitz Law Bankruptcy Bar Association of the Southern District of Florida Hilarie Bass, J.D. β81 Rodney H. Bell Bilzin Sumberg Baena Price & Axelrod, LLP Ira Bodenstein, J.D. β80 & Julia E. Smith Joseph H. Bogosian, J.D. β92
Mark E. Brodsky, J.D. β68 Jean J. Busch Richard P. Cole Cole, Scott & Kissane, P.A. Richard H. Critchlow, J.D. β73 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. β73 & Carolyn B. Lamm, J.D. β73 Vincent C. Hennessy, J.D. β71 Health Foundation of South Florida Holland & Knight LLP Hon. Paul G. Hyman, Jr., J.D. β77 Eric D. Isicoff, J.D. β83 Isicoff, Ragatz & Koenigsberg, P.A. Abbey L. Kaplan, J.D. β75 Bruce A. Katzen, J.D. β84 Kelly Foundation, Inc. Kenny Nachwalter, P.A. Hon. Amy N. Dean, J.D. β76 & Alan J. Kluger, J.D. β75 Kluger, Kaplan, Silverman, Katzen & Levine, P.L. Peter D. Lederer Long Mountain Road Foundation LegalZoom.com Andrew (J.D. β74) & Ellen Leinoff Todd A. Levine Susan L. Lipton, J.D. β70 The Lipton Foundation Steven C. Marks, J.D. β85 MiamiLex Legal Solutions, Inc. Microsoft Corporation Mutual of America NOVO Foundation Aaron S. & Dorothy Podhurst Stanley & Barbara Price Sabadell Bank Herbert E. (J.D. β56) & Barbara Saks Shook, Hardy & Bacon L.L.P.
H. Allan Shore, J.D. β71, LLME β72 Steve I. Silverman, J.D. β85 Eugene W. Sulzberger, J.D. β51 The Ayco Charitable Foundation The Miami Foundation
Partners: $5,000 to $9,999
Alejandre Memorial Foundation Elinore Aronovitz Richard A. Berkowitz, J.D. β81 Brown Charity Foundation, Inc. Gary L. Brown, B.B.A. β78, LLMT β82, LLM β83 Terrance A. Dee, J.D. β99 DeMahy, Labrador & Drake P.A. Devang B. Desai, A.B. β97, J.D. β03 Juan C. Enjamio, J.D. β86 Hunton & Williams, LLP Anne M. Estevez, A.B. β90, J.D. β93 Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A. Florida Public Services Union Peter R. Fried Lawrence E. Glick, B.B.A. β51, J.D. β54 Ervin A. Gonzalez, J.D. β85 Richard G. Greenstein, J.D. β80 Grossman Roth, P.A. Harry and Bessye Rosenberg Charitable Trust Helena Rubinstein Philanthropic Fund at The Miami Foundation John M. Hogan, J.D. β77 Robin L. Klomparens, J.D. β85, LLMT β86 Frank L. Labrador Wendy G. Lapidus, A.B. β61, MED β62, BARCH β82 Derek E. Leon, J.D. β97 Lewis Tein, P.L. Guy A. Lewis Morgan, Lewis & Bockius, LLP William J. Palmer, LLMT β78, LLME β81 David K. Robbins, J.D. β82 Joel B. (J.D. β92) & Shari J. (J.D. β94) Ronkin Penelope S. Shaffer Donna E. Shalala Edward R.(J.D. β72) & Maria Shohat Steven Sonberg, J.D. β72 *Deceased 53
ANNUAL GIVING REPORT The Denver Foundation Jerry S. Theophilopoulos, J.D. β95 TotalBank Patricia D. White & James W. Nickel Wyman Family Foundation, Inc.
Friends: $2,500 to $4,999
David Barkus Roy Black, J.D. β 70 Lylle Breier Peter S. Britell Gary M. Carman, J.D. β74 Elinor R. Catsman Nancy N. Chemtob, J.D. β90 Community Foundation of Broward Credence Corp Steven C. Cronig, J.D. β80 Carlos M. (J.D. β79) & Rosa de la Cruz Easley Appellate Practice PLLC Dorothy F. Easley, J.D. β94 Federal Bar Association South Florida Chapter Inc. Jeffrey D. Fisher, J.D. β80 Professors Caroline M. Bradley & A. Michael Froomkin Goldman Sachs Gray Robinson, P.A. Halliburton Foundation, Inc. John F. Halula Richard A. Hauser, J.D. β68 Gerald J. Hayes, J.D. β78 Jorge L. Hernandez Allison K. Hift, J.D. β97 Jefferson Lee Ford III Memorial Foundation, Inc. Ira H. Leesfield Leesfield Family Charitable Foundation, Inc. Jeffrey M. Lewis-Oakes, J.D. β79 Mah Foundation, Inc. Professor Elliott & Gail Manning Markowitz Ringel Trusty & Hartog, P.A. Joel D. Maser, J.D. β84 Juan J. Mayol John M. McManus, J.D. β93 Clifford R. Mermell, J.D. β89 MGM Resorts Foundation Michael A. Rosen, P.A. Richard C. Milstein, J.D. β74 Adam Moskowitz, J.D. β93 Kevin J. Murray, J.D. β79 Theodore E. Nash, M.D. Edith G. Osman, J.D. β83 Sheldon B. (J.D. β57) & Myrna Palley Plato Malozemoff Foundation Mark F. Raymond, J.D. β83
Thomas Ringel, J.D. β76 Michael A. Rosen, J.D. β73 Michael A. Rosen, P.A. Professor Keith S. & Silvia Rosenn Selma Oritt Foundation Jose E. Sirven, J.D. β81 Solowsky & Allen, P.L. Richard L. Allen, J.D. β79 & Jay H.Solowsky, J.D. β79 Stuart H. Sorkin, J.D. β81 Rodolfo Sorondo, Jr. Howard M. Srebnick Susan J. Tarbe, J.D. β84 Therrel Baisden, P.A Richard K. (J.D. β75) & Barbara W. Traub Vanguard Charitable Endowment Program Nathalie F. Walker Waltman & Cohen Albert N. Cohen, J.D. β52 & Irving Waltman, J.D. β52 Adam Wenner, J.D. β76 Sherry D. Williams, J.D. β95 Malcolm B. Wiseheart, J.D. β08
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. β08 Richard L. Allen, J.D. β79 Mary P. Alloway Emerson L. Allsworth, J.D. β52 Hon. Cecilia M. Altonaga Isabelle Amdur Ameritas Life Insurance Group Robert G. Amsel, J.D. β83 Joseph E. Ankus Ankus Consulting, Inc. Mark R. Antonelli, J.D. β82 Susan H. Aprill, J.D. β82 J. Allison Archbold, J.D. β97, LLME β07 Mark I. Aronson Richard Auerbach Michael B. Axman, J.D. β83 Richard P. Ayles, J.D. β79 Badia Spices, Inc. Nancy L. Badia Gerson Bakar Gregory A. Baldwin Ricardo A. Banciella, J.D. β86 John M. & Sybil A. Barkett Melissa L. Barnhardt Barry & Judith Nelson Family Foundation, Inc.
Robert & Eleanore G. Bass Jeffrey S. Bass, J.D. β93 Bast Amron LLP Maurice J. Baumgarten Christopher N. Bellows, J.D. β85 Cristina Benitez Richard H. Bergman, J.D. β73 Joan A. Berk, J.D. β69 Gina L. Berlin Howard J. Berlin, J.D. β79 Arnold L. Berman, J.D. β77 Sondra H. Berman Douglas K. (J.D. β69 LLMT β73) & Connie M. Bischoff William S. Blatt Barry Blaxberg, J.D. β77 Jeffrey C. Blockinger, J.D. β97 Hon. Beth F. Bloom, J.D. β88 Bloom, Gettis & Habib, P.A. William R. Bloom, J.D. β77 Florence Bloomberg The Bloomberg Family, Margie, Noah, Lindsay, Evelyn & Adam Robert P. Boone, J.D. β01 Gale A. Bramnick, J.D. β88 James S. Bramnick, J.D. β75 Benjamin A. Breier Breier, Seif, Silverman & Scherman, P.A. Brinker International Broad and Cassel Lauren L. Brodie, J.D. β83 Bowman Brown David M. Brown, J.D. β05, LLMT β06 Heather P. Brown Marshall K. Brown Robert K. Burlington, J.D. β78 Coffey Burlington PL Buzin Law, P.C. Andrew S. Buzin, J.D. β03 John E. Calles, A.B. β89, J.D. β93 John P. Campo, J.D. β80 Richard J. Carlson Carlton Fields, P.A. Kelly-Ann G. Cartwright Jose A. Casal, J.D. β88 David R. Chase, J.D. β92 Robin S. Chaykin Christieβs Nicholas E. Christin, J.D. β74, LLME β78 Hon. Charles E. & Hon. Sue M. (J.D. β78) Cobb The Cobb Family Foundation, Inc. Gary J. Cohen Herbert J. Cohen, J.D. β56 Lucille W. Cohen Bruce Jay Colan Lonnie L. Colan, J.D. β81 *Deceased
54
JUNE 1, 2013 β MAY 31, 2014 Terence G. Connor Brian Cooper Caroline M. Corbin Dennis L. Curran, J.D. β75 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 β82 Steven W. Davis, J.D. β82 Thomas Davison IV, J.D. β85 Amy N. Dean, J.D. β76 Victor (J.D. β79) & Geraldine M. (J.D. β91) DeBianchi James T. (J.D. β88) & Deborah Deiotte Delray Recovery Center, LLC Steven K. Deutsch, J.D. β74 Edward Diaz Dolphin Carpet & Tile Robert E. Dooley, J.D. β53 Roderick Dorman, J.D. β76 Mary E. Doyle Michael A. Dribin, LLMT β80 Marcia A. (J.D. β78) & Herbert Dunn Richard M. Dunn, J.D. β70 Peter A. Efros, J.D. β72 Jennifer E. Elbrand Ira M. Elegant, J.D. β66 Andrew L. Ellenberg, J.D. β88 Epiq Systems, Inc. Eric P. Littman, P.A. Susan G. Esserman & Andrew H. Marks Peggy Evans Lynda (J.D. β86) & Al Fadel Glenn P. Falk, J.D. β73 Federal Bar Association Julie Feigeles, J.D. β82 Lydia A. Fernandez, J.D. β79 Martin Fine, J.D. β49* Edwin J. Fitzpatrick, Jr., J.D. β76 Florence Bloomberg Trust Charles J. Foschini, J.D. β97 Gary M. Freedman Rob Walker Freer, J.D. β74 Ellen C. Freidin, J.D. β79 Robert J. Friedman John Fulton, J.D. β99 William L. Gautier, J.D. β97 John H. Genovese Charles George, J.D. β94 Lawrence W. Gettis Gold and Associates, P.A. Lauren Goldblatt Joshua I. Goldman, J.D. β04 Jessica Goldman-Srebnick
Jeanette Gonzalez-Calles Susan & Hon. Jonathan (J.D. β83) Goodman Debra W. Goodstone Google, Inc. Mac A. Greco, Jr., J.D. β72 Jane Greenberg Laurie Greenberg Martin F. Greenberg, J.D. β68 The Maurice R. and Corinne P. Greenberg Foundation, Inc. Sandra P. Greenblatt, J.D. β84 Alan R. Greenfield, J.D. β05 Greg Herskowitz, PA Arnold (J.D. β55) & Barbara Grevior Desiree Gruber Gunster Yoakley & Stewart, P.A. Donald W. Hafele, J.D. β83 Sheila A. Halpern, J.D. β81 Stephen K. Halpert Maria R. Hamar, J.D. β82 Richard A. Hamar, J.D. β70 George (J.D. β70) & Jeanne Harper Elliott Harris, J.D. β66 Harvey J. Sepler P.A. Marian L. Hasty, J.D. β93 LLME β94 Alexander H. Havenick, J.D. β08 Barbara H. Havenick, J.D. β75 Gerri & Stephen J. (LLMP β84) Helfman Mark A. Hendricks, J.D. β88 Sara B. Herald, J.D. β80 Mitchell E. Herr Greg M. Herskowitz, J.D. β97 Mark H. Hildebrandt, J.D. β82 Frances R. Hill Kenneth C. (J.D. β83) & Hillary Hoffman Elizabeth B. Honkonen, J.D. β98 Howard J. Sedran Family Foundation Drs. Connie Hsu & Anant Praba Steven F. Bolling, MD & Cheryl Huey, MD H. S. Huizenga, J.D. β90 Thomas N. Hyde, J.D. β76 Kaylee R. Hyman, J.D. β12 Zachary Hyman Derek Jackson Jan L. Jacobowitz Melanie Jacobson Katzell, J.D. β75 Michael R. Jenks, J.D. β70 Jewish Community Foundation of Los Angeles Adolfo E. Jimenez Marcos D. Jimenez, J.D. β83 Michael D. Joblove Pamela J. Johnson Cyrus M. Jollivette, J.D. β80 Douglas E. Jones, J.D. β85 Jorge Luis Lopez Law Firm, LLC Marc A. Joseph, J.D. β97
William S. Kaden, MD Kenneth M. Kaleel, J.D. β86 Ronald L. Kammer, J.D. β81 Julie Braman Kane, J.D. β93 Soneet Kapila Kapila & Company CPAβs Mitchell T. Kaplan William H. Karo, J.D. β54 Richard A. Katz, J.D. β71 Paul R. Kaywin David S. Kenin, J.D. β63 Josephine W. Kenin Lorna D. Kent, J.D. β75 Kindred Healthcare Fred Klein, J.D. β79 David Klingsberg Scott (J.D. β90) and Susan (J.D. β90) Fleischner Kornspan Liani G. Kotcher, J.D. β05 Benedict P. Kuehne, J.D. β77 & Lynn B. Kislak Joseph P. Lacher Christos (J.D. β98) & Alexandra (J.D. β06) Lagos Therese Lambert Burton A. Landy, J.D. β52 Lash & Goldberg, LLP Alan D. Lash, J.D. β85 Law Offices of Brian K. Goodkind George N. & Diana T. Leader Tiffani G. Lee, J.D. β97 Craig Leen Leiderman Shelomith, P.A. Jonathan S. Leiderman, J.D. β94 Hon. Joan A. Lenard & Howard B. Lenard Gary S. Lesser, J.D. β92 Lesser, Lesser, Landy & Smith, P.A. Ann K. Levine, J.D. β99 Howard J. Levine, J.D. β78 Susan L. Levine Neal J. Levitsky, J.D. β81 LexisNexis Geri & Roy Liemer Lipscomb Eisenberg & Baker PL Eric P. Littman, J.D. β79 William N. Lobel, J.D. β70 Jorge Luis Lopez, J.D. β87 Milande Louima, J.D. β99 Joseph H. Lowe, J.D. β80 Ramsey Ludington, J.D. β52 Carol (J.D. β88) & R. Hugh (J.D. β80) Lumpkin Lydecker Diaz Michael T. Lynott, J.D. β85 Mac A. Greco, Jr., P.A. Magic City Casino Marisa B. Magill, J.D. β87 Nancy G. & Alvin I. (J.D. β59) Malnik Andrew A. Malozemoff, J.D. β10 *Deceased 55
ANNUAL GIVING REPORT Jeffrey L. Mandler, J.D. β80 Alberto G. Manrara Ray E. Marchman, J.D. β61 Alan J. Marcus, J.D. β83, LLMT β85 Mona & David O. Markus Ines Marrero-Priegues Martin and Jane Greenberg Foundation, Inc. M. Minnette Massey, J.D. β51 William J. Matevich, J.D. β82 Gary & Veronica Matzner Victoria V. Matzner Jason Mazer Betsy L. McCoy, LLMP β07 James E. McDermott John W. βJackβ McLuskey, J.D. β81 Jane W. McMillan Bruce P. McMoran, J.D. β77 Gail A. McQuilkin, J.D. β92 Dennis D. (J.D. β88) & Kathleen L. Mele George Mencio, J.D. β81 Charles H. Mercer, Jr., J.D. β74 Faith (J.D. β83) & David J. (J.D. β69) Mesnekoff Messana, P.A. Nicole E. Mestre, J.D. β99 Seth E. Miles Cecil J. Milton Sylvia Minchew-Marchman Marianne & Joshua J. (J.D. β81) Mintz Mitzvah Charitable Trust Richard Montes De Oca, J.D. β01 Morrison, Brown, Argiz & Farra, LLC Hon. Celeste Muir & William (J.D. β81) T. Muir James H. Nance, J.D. β56 Navigant Consulting, Inc. Needle & Ellenberg, P.A. Andrew Needle, J.D. β77 Norton & Maria Neff Hon. Judith S. (J.D. β82) & Barry A.(J.D. β81, LLMT β87) Nelson Barry Nemiroff Allyson Norfleet Norman, Wood, Kendrick & Turner Attorneys at Law Charles A. Nugent, J.D. β53 James K. Oppenheimer Fund of the Community Foundation of Broward Linda Osberg-Braun Bernard H. Oxman Robert E. (J.D. β76, LLMT β77) & Jeanne Panoff Marshall Pasternack Todd S. Payne, J.D. β89 Philip Guerra Yoss LLP Employees Charitable Foundation Steven B. Posner, J.D. β76
Rebekah J. Poston, J.D. β74 Marlene Quintana, J.D. β97 R. A. Hauser Family Foundation Ronald B. Ravikoff, J.D. β77 Luis (J.D. β80) & Karen Reiter Andrew J. Renda, J.D. β79 Edythe Rishin Col. Frank (J.D. β52) & Jeanne Robbins William R. Robbins, J.D. β62 Harvey E. Robins, J.D. β58 Joyce Robinson Hon. Steven D. Robinson, J.D. β68 Neil Rollnick, J.D. β68 Roney-Fitzpatrick Foundation Francine M. & Donald (J.D. β59) Rose Harry (J.D. β61) & Jacqueline Rosen Robert E. Rosen Matthew & Nancy Rosin Bonnie L. (J.D. β80) & David N. Rosner Lauri Waldman Ross, J.D. β80 Jeffrey C. (J.D. β81) & Faye L. Roth Michael E. Rothenberg, J.D. β10 Charles S. Rowley, J.D. β94 Amy G. Rudnick Charles L. (J.D. β64) & Nanette R.(BED β69) Ruffner James D. Sallah, J.D. β96 Irma & Herminio (J.D. β87) San Roman Charles F. Sansone, J.D. β65 Diana Santa Maria, J.D. β84 Gary A. Saul Robin C. Schard, J.D. β90 Robert A. Schatzman, J.D. β71 Reuben M. Schneider, J.D. β61 Samuel L. Schrager, J.D. β75 Michael Schreiber Anne Schultz, J.D. β83 Hon. Robert Scola and Hon. Jacqueline Hogan Scola, J.D. β82 Howard J. Sedran, J.D. β76 Jeremy H. Segal, J.D. β06 Richard I. Segal, J.D. β08 William J. Segal, J.D. β78 Gail D. (J.D. β79) & Joseph H. (J.D. β78) Serota Mark & Vickie Shank Marshall S. Shapo, J.D. β64 Detra P. Shaw-Wilder, J.D. β94 Rosanne J. (J.D. β80) & Dr. Benjamin M. Shore John K. Shubin, J.D. β88 Shutts & Bowen, LLP Nicholas Siegfried, J.D. β06 Steven M. Siegfried Cheryl R. Silverman, J.D. β83 Louis A. Simon William P. Sklar, J.D. β80 Marc J. Slotnick, J.D. β92
H.T. Smith, J.D. β73 Emma Solaun Jay (J.D. β79) & Ellen Solowsky South Florida Association for Law Placement Joshua B. Spector, J.D. β02 Thomas R. Spencer, Jr., J.D. β69 Robert A. Spottswood Spottswood Companies, Inc. Scott A. Srebnick St. Gaudens, Inc. Leland E. Stansell, J.D. β61 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. β67 Stuzin Family Partnership LLTD Pitzel Foundation Joseph R. Suchanek Jeffrey R. Surlas, J.D. β77 Joel L. Tabas, J.D. β85 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. β77) & Mindy (J.D. β78) Thornton Mark A. Tobin, J.D. β88 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. β93 Arnaldo Velez (J.D. β72) & Maria C. Arriola Velez (J.D. β80) Andrew R. Verblow, J.D. β14 Verizon Foundation Gregory & Cathy Victor Norman M. (J.D. β86) & Deborah A. Waas Edward J. Waldron, Sr., J.D. β69 Donald N. Watson, J.D. β80 Alison Weinger Bernstein, J.D. β80 Douglas J. Weiser, J.D. β82 West Flagler Associates, Ltd. Wicker, Smith, O βHara, McCoy & Ford, P.A Jeanne M. (J.D. β81) & Todd A. (J.D. β76) Wigder *Deceased
56
JUNE 1, 2013 β MAY 31, 2014 William J. Segal, P.A. Gavin Williams, J.D. β01 Sally H. Wise Harold E. Wolfe, Jr., LLMT β79 Donald Jay Wolfson, J.D. β76 Virginia W. & Thomas D. Wood, Sr., J.D. β56 Yale University
George T.Yoss, J.D. β74 Burton Young, J.D. β50 Zebersky & Payne, LLP Edward H. Zebersky, J.D. β91 Michael F. Zeldin Martin G. Zilber, J.D. β88
Judges: $500 to $999
Associates $100 to $249
John W. Harrington, J.D. β09 The Hinkes Family Philip J. Hoffman, J.D. β11 Michelle Holmes Johnson, J.D. β08 Matthew A. Kaden, J.D. β07, LLMT β08 Brian W. Kelley, J.D. β10 Abigail H. Kofman, J.D. β05 Lindsay M. Korey Lefteroff, J.D. β07 Daniel A. Krawiec, J.D. β08 Quinshawna S. Landon, J.D. β12 Andrew M. Loewenstein, J.D. β09 Eva T. Merian, J.D. β11 Jeffrey J. Mesaros, J.D. β06 Rafael E. Millares, LLMP β04 Matthew T. Mitchell, J.D. β11 Thomas A. Oglesby, J.D. β11 David J. Rubenstein, J.D. β05 Lauran M. San Roman, J.D. β12 Adam L. Spector, J.D. β08 Brian W. Toth, J.D. β08 Natalia M. Trushina, LLMCL β08, J.D. β11 Gregory W. Wirtz, J.D. β07
Hon. Michael A. Hanzman Hon. Ruth V. McGregor Hon. Marvin E. Segal, J.D. β53 Hon. Paul Siegel, J.D. β63 Hon. James R. Wolf, J.D. β76
YOUNG ALUMNI LEADERSHIP Partners $500 to $999
Lauren E. Bowman Llamas, J.D. β05 Shahrzad Emami, J.D. β06, LLMP β07 Jose A. Garrido, J.D. β07 Tamara S. Malvin, J.D. β09 A.Hunt Marckwald, J.D. β05 Brent F. Sibley, J.D. β08
Friends $250 to $499
Cory V. Calmes, J.D. β05 Freddy R. Funes, J.D. β09 David S. Goldberg, J.D. β04 James P. Greenfield, LLMT β10 Bernard P. Grondin, J.D. β04 Frederick D. Hawkins, J.D. β11 John R. LaBar, LLMP β13 Christopher M. Malek, J.D. β09 Alexis Martinez-Fedrizzi, J.D. β04 Tony A. Neuhoff, J.D. β07 Mindy B. Reinstein, J.D. β08 Cyrus P. Rieck, J.D. β08 Samuel A. Rubert, J.D. β06 Juan C. Varela, LLMI β11 Laura E. Wade, J.D. β10
Veena M. Abraham, J.D. β09 Brianna Adams, J.D. β04, LLME β05 Jason D. Albright, J.D. β04 Donald W. Anderson, LLME β07 Michael A. Barnett, J.D. β07 Jason S. Bazarsky, J.D. β12 Michael F. Boyne, J.D. β09 Maryann M. Bullion, J.D. β05 Asra A. Chatham, J.D. β11 Ronald L. Cipriano, J.D. β05 Vaishali B. Desai, J.D. β12 Jean-Michel DβEscoubet, J.D. β05 Brian A. Dombrowski, J.D. β11 Catherine S. Dorvil, J.D. β09 Kimberly B. Eve, J.D. β07 Michael Foelster, J.D. β06 Christopher J. Fowler, LLMT β13 Barclay R. Gang, J.D. β13 Adam H. (J.D. β04) Melanie J. (J.D. β04) Garner Brett L. Goldblatt, J.D. β10 Sharlene Y. Gonzalez, J.D. β08 Christina Guzman, J.D. β09 Jonathan W. Hackett, J.D. β08
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 β 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. β74βAronovitz Law
Bankruptcy Bar Association of the Southern District of Florida Mary R. Barzee-Flores J.D. β88 Bast Amron LLP Berkowitz Pollack Brant, LLP
Hon. Beth F. Bloom, J.D. β88 Bloom, Gettis & Habib, P.A. Brinker International Broad and Cassel Broadcast Music, Inc. *Deceased 57
ANNUAL GIVING REPORT Andrew S. Buzin, J.D. β03 Capsicum Group, LLC Carlton Fields, P.A. Wayne E. (J.D. β82) & Arlene J. Chaplin Nicholas E. Christin, J.D. β74, LLME β78 Francis A. Citera, J.D. β83 Coffey Burlington PL Common Ground Mediation, Inc. Credence Corp Cresa South Florida Richard H. Critchlow, J.D. β73 Damian & Valori, LLP Daniel A. Zabludowski, P.A. Carlos M. (J.D. β79) & Rosa de la Cruz Dean-Kluger & Sibley Law Devang B. Desai, J.D. β03 Deutsch & Blumberg, P.A. Devine Goodman Rasco Watts-FitzGerald & Wells, P.A. John W. Devine, J.D. β87 Ehrenstein Charbonneau Calderin Steven E. Eisenberg, J.D. β84 Epiq Systems, Inc. Robin W. Faber, J.D. β83 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. β83 Google, Inc. Valerie J. Grandin, J.D. β83 Gray Robinson, P.A. Grossman Roth, P.A. Stuart Z. Grossman, J.D. β73 Richard A. Hamar, J.D. β70
Hon. Michael A. Hanzman Kenneth R. Hartmann, J.D. β86 Marian L. Hasty, J.D. β93, LLME β94 Mark A. Hendricks, J.D. β88 Mitchell A. (J.D. β88) & Stacey S. (J.D. β88) Hipsman Kenneth C. (J.D. β83) & Hillary Hoffman Hollywood Media Corporation Eric D. Isicoff, J.D. β83 James Schwitalla, P.A. Marcos D. Jimenez, J.D. β83 Kapila & Company CPAβs Kenny Nachwalter, P.A. Kozyak Tropin & Throckmorton, P.A. Lash & Goldberg, LLP Alan D. Lash, J.D. β85 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. β88 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. β74 MDO Partners Morrison, Brown, Argiz & Farra, LLC Adam M. Moskowitz, J.D. β93 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. β85 Richard Montes de Oca, PA Rimkus Consulting Group, Inc Sabadell United Bank SAVE Foundation, Inc. Carol L. Schoffel Faber, J.D. β83 James W. Schwitalla, J.D. β91 Sesac, Inc. Donna E. Shalala John K. Shubin, J.D. β88 Southern Wine & Spirits of America, Inc. Joshua B. Spector, J.D. β02 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. β88 TotalBank Trustee Services, Inc. U.S. Legal Support, Inc. Universal Court Reporting, Inc. Upchurch, Watson, White & Max Wicker, Smith, O βHara, McCoy & Ford, P.A Woodbury & Santiago & Correso, P.A. Yale University Zebersky & Payne, LLP Martin G. Zilber, J.D. β88
THANK YOU *Deceased 58
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FACULTY PUBLICATIONS 2013 β 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 Everymanβs 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 OβKeefe (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 βSocioβ 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 (GΓΌnther 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 Tomorrowβs 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 BΓΆhm).
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).
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On βThe Bricksβ
ON 2 3 1
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1 Professor Dexter Lehtinen, a former U.S. Attorney, State Senator, State Representative, and Vietnam veteran, headlined this yearβs National Security & Armed Conflict Law Review (NSAC) Symposium. 2 Miami Law Alumnus Doug Weiser, A.B.β78, J.D.β82, returned to campus to screen his feature film βChapman.β Weiser was joined by the filmβs Writer/Director, Justin Owensby, Simran Singh, J.D. β04, Legal Counsel, and Dr. John Soliday, Associate Professor, UM School of Communication. 3 Jaret L. Davis, J.D. β99, President, Miami Law Alumni Association, with the Hon. Carroll J. Kelly, J.D. β89, and the Hon. Stanford βStanβ Blake, J.D. β73, who were the MCs at the 65th Annual βMorning Spiritsβ and Homecoming Breakfast. 4 Dean White and celebrated lawyer Alan Dershowitz. 5 Professor Mary Coombs served as Grand Marshal during Commencement. 6 Jim LarraΓ±aga, Head Coach of UMβs Menβs Basketball team gives the keynote at the 65th Annual βMorning Spiritsβ 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. β72. 9 Commencement 2014. 10 Therese Lambert (far right front), Director of Student Recruitment, with the graduating Student Ambassadors.
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MI A MI LAW maga zi ne | FA LL 201 4
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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.β81, presented the Louis Henkin Lecture Series on Human Rights. 13 Professor Terence J. Anderson and wife, Carolyn B. Anderson, J.D. β94, are pictured with their family at Professor Andersonβs Retirement Celebration. 14 Terrance A. βTadβ Dee, J.D. β99, 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. β74, the Hon. Stanford Blake, J.D. β73, and Elizabeth B. Honkonen, J.D. β98. 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, UMβs President; Dean White; Thomas Perez, U.S. Secretary of Labor and Commencement Speaker, and Wayne Chaplin, J.D.β82, presiding trustee. 17 Keynote speaker Dr. Beth Richie addresses attendees at βConverge! Re-imagining the Movement to End Gender Violenceβ conference. 18 Pamela Adelwoyin was this yearβs student speaker at Commencement. 19 3L Noel Pace was promoted to Colonel in the U.S. Army Reserve during a Veteranβs Day Ceremony.
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the βFins, βCanes, and Heat. I also remain heavily involved not only in UMβs Law School, but also in my high school alma mater, the New World School of the Arts.
DAVID SCHWARTZ
The Last Word
DAVID SCHWARTZ, J.D. β97: 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: Iβm Assistant General Counsel
at The Walt Disney Company, where I work on new technological distribution platforms for movies,TV shows, and other content. Iβm privileged to lead a team of attorneys who negotiate deals for the licensing of Disney film and TV content to many of the worldβs leading entertainment platforms. As part of my work at Disney, Iβve had the opportunity to negotiate industry-leading dealsβ¦ One of my more recent negotiations resulted in Disneyβs groundbreaking motion picture output agreement with Netflix, an agreement that Harvey Weinstein referred to as βprobably the biggest content deal in the history of [the movie] business.β
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
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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 1960βs Batman TV series. What and who did you want to be when you grew up? DBS: An actor. Or president. Or
Captain Kirk.
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: Itβs really an art form and
thereβs 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. Youβve 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: Iβd 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 Iβll always be
working 24/7, balancing professional work, creative work and, most importantly, family and friends. Hopefully Iβll have the opportunity to be creating projects that can move peopleβ¦One of my favorite aspects of my job is mentoring the attorneys on my team, and Iβd 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
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