Volume 4, Issue 27, April 11, 2014



First picture Judge Fernandez, Judge Rothenberg, and Judge Logue; second picture Magali Sanders, Professor Blumberg, and Hermis Bofil

What’s Going On

April 12:

Law School Admitted Student Open House

April 15:

Prayer and Reflection, Room 215 @ 12:10 p.m.

April 8:

Dress 4 Success, Goldbloom Convocation Hall @ 12 p.m.

April 17-18:

Easter Break

April 23:

Friday Classes Meet

April 24:

Last Day Classes

April 25-27:

Reading Days

The Florida Third District Court of Appeal heard five cases on the campus of St. Thomas University on Tuesday, April 8, 2014. Presiding over the proceedings were Judge Leslie B. Rothenberg, Judge Ivan F. Fernandez, and Judge Thomas Logue. The first case, criminal appeal E.V. v. State, was argued by third year law student Hermis D. Bofill. Her co-counsel was third year law student Magali J. Sanders. Ms. Bofill and Ms. Sanders, members of the Appellate Litigation Clinic supervised by Professor Howard Blumberg, appeared in their capacity as Certified Legal Interns against opposing counsel from the Office of the Florida Attorney General. Ms. Bofill argued that the trial court erred in denying her juvenile client's motion to suppress because the juvenile was illegally subjected to an investigatory detention by a police officer without the requisite reasonable suspicion of criminal activity, in violation of the juvenile's constitutional rights under the Fourth Amendment.

All J.D. students must satisfy the Senior Writing Requirement (SWR) as a condition of graduation. Any student can seek to satisfy the SWR by successfully completing any course designated as a “seminar.” (This will necessarily include writing a paper.) Students just register for the seminar of their choice during the regular registration period. The seminar classes are treated as any other class for registration purposes. There is no pre-approval process if a student uses the seminar method to satisfy the SWR. Also, the seminar is worth two graded credits.

Instead of enrolling in a seminar, a student may attempt to satisfy the SWR requirement through one graded credit Independent Study with a full-time faculty member. To be authorized to enroll in an Independent Study course, the student must submit a proposal to the Curriculum Committee. For the summer 2014 and fall 2014 terms, the proposal must be submitted no later than April 15, 2014.

If approved, the student then will be registered for one credit of Independent Study by the Law School Registrar. If a student needs to complete the Senior Writing Requirement in either the summer or fall to graduate and is not sure whether he or she wants to take a seminar or engage in Independent Study, he or she will need to go through the process of getting authorization for the Independent Study before the April 15 deadline. If you later decide to take a seminar instead of engaging in the Independent Research, you can drop the Independent Research option.

To get authorization for an Independent Study Project, a student needs to complete a form (which can be found at here) and provide the other required information, indicated below, to the Law School Registrar prior to the deadline. The Law School Registrar then will provide the form and additional information to the Chair of the Faculty Curriculum Committee. You may turn in a hard copy, or scan and e-mail a completed form and the other documentation to jjackson@stu.edu. Please request that you receive verification that it was timely received if you e-mail the documentation.

Only full time faculty members and certain adjuncts are authorized to supervise an Independent Study. You can check with the Student Affairs Office or the Registrar to ascertain whether a particular adjunct professor is authorized to supervise an Independent Study. The student must identify the faculty member who has agreed to supervise the project, and that faculty member has to sign off on the form before it is submitted to the Registrar. A student may do only one independent study for credit. First year students may not undertake an independent study.

The student also must include with the form a one to two page topic proposal identifying the subject area of the law the student intends to research with a brief bibliography. The proposal should identify an area or aspect of the law the student is interested in investigating and should narrow the subject area to one of manageable proportions. Some preliminary research will need to be done. A note or paper done in connection with a law review may serve as a starting point and as a basis for a proposal to the curriculum committee, but cannot be used in and of itself to fulfill the Senior Writing Requirement.

Students should keep in mind that doing an Independent Study requires good time management skills and an ability to stay on task. These papers require weeks of research, outlines, and multiple drafts. This is not something that can be completed in a short amount of time. For many students, it is easier to find a suitable topic and progress toward a viable paper if it is done within the parameters of a seminar class, rather than as an Independent Study.

Keep in mind in approaching a possible faculty sponsor that he or she is not required to supervise Independent Studies. It will involve a substantial time commitment on his or her part. A student should approach those faculty members with particular expertise in the student’s subject area. While different faculty members will have different requirements, the student should expect to meet with his or her faculty sponsor on multiple occasions during the course of the semester. For example, depending on the faculty member, a faculty sponsor may expect the student to submit at different points during the semester a topic report and bibliography, a thesis statement, an outline, drafts of the paper, and a final paper. For a student’s paper to fulfill the Senior Writing Requirement, it also must conform to the Bluebook citation format. Remember the deadline for submitting the proposal to write an authorized paper in either the summer or fall term is April 15, 2014.

The St. Thomas Law Review will have two recruitment orientation meetings for all 1Ls interested in trying out for the St. Thomas Law Review on Monday, April 14, at 3:00 p.m. in Room A-111 and Tuesday, April 15, 2014, at 12:30 p.m. in Room 104. If you are not able to attend any of the scheduled meeting please contact the St. Thomas Law Review Notes and Comments Editors Aileen Gonzalez, angonelez@stu.edu or Paul Hankin phankin@stu.edu.

The St. Thomas Law Moot Court Executive Board would like to congratulate the newly elected 2014-2015 executive board members. They are as follow President – Eneami Bestman, Executive Vice President – Gregory Light, Vice Presidents of Membership – Stanislav Shamayev and Philip Rhodes, Treasurer – Melody Salcedo, Secretary - Emily Silver, Competition Chair – Domingo Lopez, and Alumni Chair – Susana Rodriguez.

The St. Thomas Law Intellectual Property and Cyber Law Society held its first Symposium on March 24, 2014. Many St. Thomas Law students gathered to hear presentations on cutting-edge topics in IP and Cyberspace law from FIU Law Professor J. Janewa Osei Tuti and internet-IP attorney Danny Simon. Professor Osei Tutu and Mr. Simon spoke about hot IP-Cyberspace issues as well as the practice of IP and Cyberspace law. A reception was held afterwards. The symposium's success was due to the dedicated collaboration and hard work of Society President Rebecca Stavish, Secretary Raakib Bhuiyan, and faculty advisor Professor Nathenson.

The law library will use the following schedule in observance of the Easter Holiday.

Thursday, April 17: 8:00 a.m. – 8:00 p.m.
Friday, April 18: Closed (Good Friday)
Saturday, April 19: 8:00 a.m. – 7:00 p.m.
Sunday, April 20: Closed (Easter Sunday)

Hopping Green & Sams, P.A. (HGS) and the Environmental and Land Use Law Section (ELULS) of The Florida Bar sponsors an annual scholarship, in the amount of $5000, for eligible Florida law students. The scholarship is open to 2L, 3L, and LL.M. students at an accredited Florida law school. Applicants must demonstrate a potential to making a significant positive contribution to the practice of environmental or land use law in Florida.

The scholarship requirements are a completed application form; a law school transcript; a personal statement of no more than 1000 words, explaining why the applicant should be selected; and letter(s) of endorsement.

The completed application along with the required documents should be mailed to Calbrail L. Bennett, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300 or e-mail to cbennett@flabar.org. Applications should be either typed or handwritten in block letters. Completed applications and all related documents must be postmarked by or emailed no later than May 23, 2014. Applicants will be contacted shortly after the application deadline. The successful applicant will be announced at the Environmental and Land Use Law Section Annual Meeting Luncheon, August 8, 2014. To acquire more information regarding the scholarship, contact Calbrail L. Bennett at (850) 561-5623 or cbennett@flabar.org

Alumna Brianne DeSellier ‘11 is working in-house in the national tax office of the public accounting firm of Crowe Horwarth, LLP. Brianne also has been doing a great deal of legal commentary and analysis on TV for HLN, CNN, ABC, and Good Morning America. She also had an article published in the April 2014 edition of the Florida Bar Journal titled “Revisiting Nexus Standards: Establishing U.S. Jurisdiction to Tax Cross – Boarder Commerce.”

Faculty Announcements
Professor Lauren Gilbert’s article, Obama’s Ruby Slippers: Enforcement Discretion in the Absence of Immigration Reform, 116 W. Va. L. Rev. 255 (2013), has been selected for reprint in The Immigration and Nationality Law Review of the University of Cincinnati. It is noteworthy to be selected for reprint in this particular journal as the Managing Attorney of the INLR was quoted saying that as a reprint journal, it “selects impressive written works that reflect the most pertinent immigration issues of the year.”

Professor Anthony Musto has been elected to the Dr. Nan S. Hutchison Broward Senior Hall of Fame, which honors long term excellence in the volunteer sector of Broward County. Induction will occur on May 16, 2014.

Professor Ira Steven Nathenson presented his paper Cyberlaw is Dead and We Will Kill It at the Fourth Annual Internet WIP conference at New York Law School in March. Professor Nathenson also was featured in the spring issue of the Teaching Methods newsletter of the AALS Section on Teaching Methods, which included a section highlighting Innovations in the Classroom. The newsletter includes a submission by Professor Nathenson on Using Live Websites for Role-Playing Simulations. Professor Nathenson has presented previously at the AALS annual and mid-year conferences on his methods of using live websites for immersive role-playing simulations that integrate law, theory, skills, and professional values.

Professor Michael Vastine’s upcoming presentation at the AALS Conference on Clinical Legal Education is in Chicago, Illinois, on April 29, 2014. Professor Vastine will speak during a concurrent session entitled The Role of Clinicians and Clinical Insights in Law School Curriculum Reform and Experiential Education Initiatives. Also, Professor Vastine was one of the featured speakers at the National Immigration Project of the National Lawyers Guild’s Innovative Immigration Defense Continuing Legal Education Seminar & Stakesholder Meeting at the University of Miami School of Law on April 4, 2014.

Additionally, Professor Vastine has recently filed two notable amicus brief’s in immigration cases: Leda Ilma Martinez v. Eric H. Holder, Jr., United States Attorney General; and the U.S. Court of Appeals for the Eleventh Circuit, No. 13-14524-E, 2013-14.

Brief of Amicus Curiae Catholic Legal Services of Greater Miami, Inc., in Support of Petitioner (primary author): Challenge to agency departure from established interpretation of the factors must be present to establish an “admission” for purposes of determining whether immigrant is inadmissible to U.S. for alleged criminal conduct. Amicus curiae argued that former precedent should be applied, so that an admission carries immigration consequences only if the immigrant is presented the essential elements of the offense and concedes violation of each element and that in the environment of near-total resolution of criminal charges via plea bargaining, to rule otherwise would approach an equal protection violation based on alienage.

On April 3, 2014, Professor Siegfried Wiessner gave a presentation on "UNDRIP and Beyond: Indigenous Rights and ILA Resolution 5/2012" at a UU-UNO conference at the United Nations in New York.