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Faculty News & Highlights

Professor Rizzardi recently presented his scholarship

Professor Keith Rizzardi recently presented his scholarship on a panel at Washington and Lee University School of Law's symposium on Water Resources and Corporate Social Responsibility. His latest article, Rising Seas, Receding Ethics: Why Real Estate Professionals Should Seek the Moral High Ground, will be published in the W&L Journal of Energy Climate and the Environment.

Professor Lenora Ledwon Publishes Article

Professor Lenora Ledwon's article, Understanding Visual Metaphors: What Graphic Novels Can Teach Lawyers About Visual Storytelling, has just been published in volume 63 of the Drake Law Review.

Professor Leonard Pertnoy's article Slander of Title: The Challenges of Lis Pendens as a Lien on Real Property (Part 1 of 3) has recently been published in Friendly Passages November/December 2014. (link to Friendly Passages attachment)

On October 30 and 31, 2014, Professor Siegfried Wiessner, Director of St. Thomas Law's Intercultural Human Rights Program, participated in an international conference on "The New Haven School and Contemporary International Law" organized by the Guanghua Law School of Zhejiang University, in conjunction with the Yale Law School, in Hangzhou, China. He delivered the overview presentation on "The New Haven School of Jurisprudence: Accommodating Human Needs and Aspirations" and moderated a panel of Asian scholars on related topics.

LexisNexis published the Fourth Edition of Ray, Sharpe & Strassfeld's Understanding Labor Law. Focusing on the National Labor Relations Act and private sector labor-management relations, this treatise is used in law schools across the country as a supplemental text for the Labor Law course. It has also been used as a primary labor law text by a few law schools, including the University of Michigan Law School, as the primary text for national labor law conferences, and as a resource for labor and employment lawyers. Research assistance for this edition was provided by St Thomas Law students Maxine Meltzer, Jesse Peterson and Alain Roman. http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?prodId=10903&gclid=CjwKEAjwwtOsBRDdjZTbvYvTlzcSJADOY0DRlhaLpG95m_UQLSnEsVbDNQF_S61Xl58UUKFjyihzBxoCZ1rw_wcB

Professor Marc-Tizoc Gonzalez's Editorial, Fort Lauderdale's Rules Criminalize Charity and Infringe on Liberty, was published in the Sun Sentinel today. http://www.sun-sentinel.com/opinion/commentary/fl-viewpoint-food-20141111-story.html

Professor Roy Balleste has contributed to recent Internet restructuring debates. His piece entitled Inter Mundos: ICANN's Accountability is a Matter of Human Rights, published in the CircleID blog, is available for download at this link http://www.circleid.com/posts/20140710_inter_mundos_icanns_accountability_is_a_matter_of_human_rights/

Professor Gilbert's article, Reconceiving Citizenship: Noncitizen Voting in New York City Municipal Elections as a Case Study in Immigrant Integration and Local Governance, was published by the Journal on Migration and Human Security of the Center for Migration Studies, a New York City-based progressive Catholic think tank. The paper is based on her presentation before the New York City Bar. It will first be published online, to ensure an immediate release, and then included at the end of the year in their annual journal. Professor Gilbert's paper can be found on SSRN, in the Working Papers series at the following link: http://ssrn.com/abstract=2469908

Dean Alfredo Garcia's article Silence Is No Longer "Golden:" The Demise of Silence as a Fifth Amendment Value was accepted for publication and will appear in vol. 51 (2) (2015) of the peer-edited journal Criminal Law Bulletin. In 2013, the Criminal Law Bulletin was ranked 2nd among 16 peer-edited journals in the field of criminal law and procedure.

Professor Alfred Light's most recent article State Procedural Reform will be published in The Texas Environmental Law Journal, which is a joint publication of the University of Texas School of Law and the State Bar of Texas Environmental and Natural Resources Law Section. The Texas Environmental Law Journal was cited in a recent decision by the United States Supreme Court.

Professor Siegfried Wiessner has recently published the following three articles:

  • Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v. Argentina, 1 Journal of International and Comparative Law 55 (2014).
  • The Cultural Dimension of the Rights of Indigenous Peoples, in International Law for Common Goods. Normative Perspectives on Human Rights, Culture and Nature 175 (Federico Lenzerini & Ana Filipa Vrdoljak eds., 2014).
  • Resolution No. 5/2012; Committee on the Rights of Indigenous Peoples: Final Report, Working Session; Closing Ceremony, in The International Law Association, Report of the 75th Conference, Sofia, August 2012 (London, 2012), at 35, 503, 546, 1051.

Professor Keith Rizzardi has had two recent articles accepted for publication:

  • Sea Level Lies: The Duty to Confront the Denier, accepted by Stetson Law Review
  • Why FACA Doesn't Like Facebook: Social Media, Public Comment, and the Federal Advisory Committee Act, accepted by Charleston Law Review (forthcoming Fall 2014).

Professor Lauren Gilbert was a guest on WPBT2's Viewpoint. Viewpoint is a roundtable discussion-style program hosted by Henry Mack. The program was devoted to same-sex marriage in South Florida, particularly the recent news of Judge Robert Hinkle ruling the same-sex marriage ban unconstitutional; followed by the 2nd District Court of Appeal requesting the Florida Supreme Court to resolve the ban.

On September 10, 2014, Professor Roza Pati presented at the United Nations in Geneva, at a side event of the Human Rights Council Session 27, on the role of religion in combating modern slavery, sharing a panel with the United Nations Special Rapporteur on Contemporary Forms of Slavery, Ms. Urmila Bhoola, a human rights lawyer from South Africa, Professor Chantal Delsol, member of the prestigious Academy of Political and Moral Sciences, France, and Professor Malek Chebel, an Algerian scholar on relations between Islam and Western countries.

Professor Pati's presentation titled "Marshalling the Forces of Good: Religion and the Fight against Human Trafficking," reflected on the importance of engaging world religions at the highest level of anti-trafficking policy making, formally and informally. Held at the Palace of Nations, the event was promoted by the Permanent Mission of the Holy See to the United Nations and the Permanent Mission of the Sovereign Military Order of Malta to the UN, with the help of the Caritas in Veritate Foundation. Their respective ambassadors, His Excellency Apostolic Nuncio Archbishop Silvano M. Tomasi and Her Excellency Mrs. Marie-Thérèse Pictet-Althann moderated the panel. Professor Pati also met with the Apostolic Nuncio at the Holy See Mission, and with the Secretary General of the International Catholic Migration Commission, Mr. Johan Ketelers, in the ICMC headquarters in Geneva.

Tony Musto, Professor of Professional Skills, was cited in a recent opinion by the First District Court of Appeals J.B., Mother Of: D.L., Minor Child v. Department of Children and Families, Case No. 1D13-4346:

"Therefore, it would appear that a new procedural mechanism is required. One commentator has suggested the adoption of a rule similar to Florida Rule of Criminal Procedure 3.800(b)(2), which permits a defendant to file a motion to correct sentencing error in the trial court at any time before the filing of the defendant's initial brief on appeal. Anthony C. Musto, Potato, Potahto: Whether Ineffective Assistance or Due Process, an Effective Rule is Overdue in Termination of Parental Rights Cases in Florida, 21 St. Thomas L. Rev. 231, 249-50 (2009). If such a rule was adopted in termination proceedings, it would allow the parent's appellate counsel to file a motion alleging ineffective assistance of counsel in the trial court before the filing of the initial brief on appeal. This would give the trial court an opportunity to rule on the motion and conduct an evidentiary hearing, if necessary, thereby creating a sufficient record for appellate review. Since rulemaking is not this court's constitutional prerogative, we urge our supreme court to address this important matter through the exercise of its rulemaking power."

Additionally, Professor Musto recently published Up the Slippery Slope: The Need to Advise Criminal Defendants That Their Pleas Can Lead to Termination of Their Parental Rights, in Florida Coastal Law Review's Public Interest Issue, Winter 2014. Moreover, Tony recently served as the chair of the Public Interest Law Section of the Florida Bar.

Professor Marc-Tizoc Gonzalez was recently the Keynote Speaker at the Conference on Racial & Ethnic Inclusion in Legal Education at Syracuse University School of Law . You can read more about the conference at this link http://law.syr.edu/career-services/diversity-at-su/2014-diversity-conference/

Professor Keith Rizzardi was recently reappointed Chairman of the Marine Fisheries Advisory Committee, a committee which assists the U.S. Department of Commerce. Also Professor Rizzardi was identified as a "key leader" and invited to attend the American Fisheries Society Leadership Dialogue at the Hall of States in Washington, D.C.

Professor Roza Pati participated in the 28th Plenary Assembly of the Pontifical Council for Justice and Peace that took place at the Vatican on 1-3 October 2014, under the leadership of its President, His Eminence Cardinal Peter K.A. Turkson. The Assembly coincided with the 10th anniversary of the Compendium of the Social Doctrine of the Church and its plenary discussion focused on serious social issues, such as exploitation of the international imbalance in the costs of labour, benefits and dangers of globalization, with emphasis on the preferential option for the poor, the marginalized, and the excluded. Other important topics of debate included nuclear deterrence and the fight against hunger. In her presentation, Professor Pati discussed the reception of the Compendium in the United States and suggested ways for a better dissemination of the knowledge on the social dimension of the Catholic faith. On October 2, 2014, Professor Pati had the opportunity to meet with the Holy Father Pope Francis during his audience with the Council, where she addressed with the Holy Father human trafficking as a global problem of people on the move.

Professor Roza Pati was the Commencement Speaker for the 2014 Graduating Class of Carlos Albizu University. Professor Pati was invited by the University's President. She addressed 264 doctoral, master and bachelor graduates as well as their families, friends, faculty, staff and Board of Trustee members. She asked the graduates to remember that "the time we have on this splendid Earth has to be lived with love and faith, inner peace and communal joy, through considering ourselves instruments of harmony and dialogue amongst cultures and civilizations." She urged the graduates: "Be a person of your time, live the magic of new beginnings that not only make you the captain of your ship, but also invite you to steer the world towards the common good and to a world order of human dignity!"

Professor Douglas Ray's treatise, Labor Management Relations: Strikes, Lockouts and Boycotts, co-authored with Professors Corbett (LSU) and Cameron (Southwestern), was recently published in its 2014-15 edition by West/Thomson Reuters. This 900-page treatise provides an in-depth treatment of the uses and limits of the economic weapons used in labor-management confrontation and the role they play in the collective bargaining process.

Professor Alfred Light's article The CERCLA Contribution Protection Racket: EPA Can Only Settle Its Own Claims, Not Private Party Claims was published this week in Toxics Law Reporter, by Bloomberg BNA.