Coastal Law Magazine (Winter 2009) by Florida Coastal School of Law

THE

MAGAZINE

FLORIDA

C O A S TA L

SCHOOL

LAW

COASTAL LAW

MAGAZINE

‘Pleading’ The Sixth?

Sacrificing Forfeiture for Confrontation WINTER

2009

Greetings from Coastal Law As we turn the calendar to a new year, the school continues to grow and reach new milestones. I am pleased to report that Coastal Law graduates who took the July Florida Bar Examination passed at a rate of 82.3 percent. This marks the third consecutive time our bar pass results have been above 80 percent. In addition this rate exceeds our July 2005 pass rate of 81.9 percent, when Coastal Law was ranked number one among all law schools in the state. I would like to offer my congratulations to all of our graduates who were successful, and commend all who assisted in preparing our graduates for this demanding exam. As always, our goal for Coastal Law Magazine is to inform our readership about school achievements, happenings, faculty appointments, and alumni news. We will also continue to offer timely legal perspectives into the most pressing issues and trends through features written by Coastal Law faculty, and how they relate to our curriculum and our alumni in practice.

C. Peter Goplerud III Dean and Professor of Law

Our cover story, “ ‘Pleading’ the Sixth?: Sacrificing Forfeiture for Confrontation,” examines an issue – a defendant’s right to confront his accuser – that is currently the subject of debate in academic and legal circles. In our “Perspectives” feature, Coastal Law faculty explore our pedagogical approaches to preparing today’s law students for the critical thinking necessary to analyze complex issues such as those described in Professor Marc McAllister’s cover story. Finally, we learn from alumna Susanne Weisman, ’99, about the practical application of these skills in her role as a judicial clerk for the United States District Court, Middle District of Florida. The Florida Coastal School of Law Alumni Association is making great strides in chapter development this year. Two out-of-state chapters – one in South Carolina and one in Georgia – are up and running, while many more are either thriving or on the way throughout Florida. Please contact our Alumni Relations Office to find out how you can get involved. On a final note, our upcoming Alumni Weekend on October 22-25 is especially important, as it marks the 10th Reunion of our first graduating class, as well as the 5th Reunion of the class of 2004. I hope you will make plans to attend. Thank you again for your continued support of Coastal Law.

C. Peter Goplerud III

IntraCoastal WINTER 2009 VOL. 2, NO. 2

I S S U E

D E PA R T M E N T S 5 Save the Date

F O C U S

Getting to the Edge of Precedent

Important events for alums and students COVER STORY

6 News and Events

8 ‘Pleading’ the Sixth?

Coastal Law achievements, appointments, and programs

By Assistant Professor Marc Chase McAllister Sacrificing forfeiture for confrontation Cover Illustration by Heather Blanton

17 Everyday Ethics Client communication is key

PERSPECTIVES

14 The Tension Between Practical Skills and Critical Thinking

18 Student News Competitive team wins, and campus-wide events and projects

Coastal Law examines the false dichotomy

IN PRACTICE

20 Faculty News

Susanne Weisman, ’99, is on the forefront of setting precedent

24 Alumni News and Spotlights

30 Q & A

16 14

C O A S TA L L AW M A G A Z I N E

Coastal Law Alumni Association highlights, and the personal and professional milestones of former students

WINTER 2009

16 Alumna Thrives in Federal Clerkship

Publications, achievements and presentations

Meet Ellen Sefton, Coastal Law's Director of Career Services

Florida Coastal School of Law

Board of Advisors

Audrey McKibbin Moran, Chair President and Chief Executive Officer Sulzbacher Center Barbara “Babs” Strickland The Suddath Companies Henry M. Coxe III Bedell, Dittmar, DeVault, Pillans & Coxe, P.A. Paul I. Perez Executive Vice President and Chief Compliance Officer Fidelity National Title Group, Inc.

COASTAL LAW

Robert M. Rhodes Foley & Lardner LLP Kenneth L. Shropshire David W. Hauck Professor at the Wharton School of the University of Pennsylvania Paul Vance Senior Vice President of Football Operations and General Counsel Jacksonville Jaguars

MAIN NUMBER 904.680.7700

WINTER 2009 VOL. 2, NO. 2

PUBLISHER:

C. Peter Goplerud III, Dean and Professor of Law EDITOR:

J. Brooks Terry, Director of Marketing and Communications

ADMISSIONS 904.680.7710 admissions@fcsl.edu

ALUMNI 904.256.1212 fcslalumni@fcsl.edu

MANAGING EDITOR:

Margaret Widman Dees, Director of Institutional Advancement CONTRIBUTORS: Assistant Professor Marc Chase McAllister Assistant Professor James Woodruff Joe Wilhelm Jr.

MARkETING AND COMMUNICATIONS 904.680.7730 bterry@fcsl.edu

REGISTRAR DESIGN AND PRODUCTION: BroadBased Communications, Inc. PHOTOGRAPHy: Jamie B. Cicatiello Jim LaBranche Paul Moulton

904.680.7631 registrar@fcsl.edu

INSTITUTIONAL ADVANCEMENT 904.680.7649 mdees@fcsl.edu

Coastal Law Magazine is published by the Florida Coastal School of Law Office of Institutional Advancement. Address correspondence to: 8787 Baypine Rd., Jacksonville FL 32256 Telephone: 904.256.1212 Fax: 904.256.1104 Email: fcslalumni@fcsl.edu Web: www.fcsl.edu or http://alumni.fcsl.edu

Save the Date UPCOMING

EVENTS*

February 12

March 31-April 1

Guest speaker Barry Richards: “Security, Patriotism, and the Erosion of Liberties”

First District Court of Appeal Oral Arguments

February 19

Sports Law Symposium

April 17

Alumni Social The Brick

April 23

February 20

Alumni Social Bella’s Bistro & Martini Bar

Jacksonville Bar Diversity Symposium

February 23 Jacksonville Ethics Commission Meeting and Question and Answer Session

March 4th Alumni Social Austin Grill Old Town Alexandria, Virginia

May 16 Commencement University of North Florida Arena

May 21 Alumni Social Twisted Martini

June 25 Alumni Reception at the 2009 Annual Florida Bar Convention Orlando World Center Marriott Orlando, Florida

March 5th Alumni Lunch Social Olives Washington, DC

July 10-12

March 19 Alumni Social Fionn MacCool’s Irish Pub

March 23-28

American & Caribbean Law Conference: Alternative Dispute Resolution and Restorative Justice Port of Spain, Trinidad

Law Week 2009

September 17

March 27

Alumni Social Peninsula Rooftop Club

Career Services Department Finish Line Reception for 3Ls

October 22-25 Alumni Weekend 2009

For information, contact Coastal Law’s Alumni Office. *Events listed are in Jacksonville unless specified elsewhere.

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CALENDAR

C O A S TA L L AW M A G A Z I N E

OUR

News & Events

A CAMPUS-WIDE ROUNDUP OF HAPPENINGS AND ACTIVITIES

Board of Advisors Expands, Elects New Leadership University of Pennsylvania. Additionally in 2008, the LORIDA COASTAL The Coastal Law Board of Advisors collecboard of advisors added School of Law’s Board of tively supports the strategic goals and mission Henry M. “Hank” Coxe, III. Advisors elected Audrey of the school through all decisions pertaining Coxe, past president of the McKibbin Moran to serve as its to strategic initiatives and long- and shortFlorida Bar and a director at chair in fall 2008. Moran, term planning. Bedell, Dittmar, DeVault, President and CEO of “I consider participation on the Coastal Law Pillans & Coxe, P.A., is Jacksonville’s emergency shelter, Board an opportunity to learn about and, hopeCoastal Law’s seventh board the Sulzbacher Center, will work fully, contribute to a law school that has steadily member. in that capacity for two years. grown in quality, academic challenges, lawyer Moran and Coxe join: Moran has served as chief of Audrey McKibbin Moran education and benefits to the Jacksonville comRobert M. Rhodes, Foley & staff for Jacksonville Mayor John munity and the legal community in Florida and Lardner LLP; Paul Vance, Senior Vice Delaney and as director of legislative affairs elsewhere," Coxe said of becomPresident of Football Operations for Mayor Ed Austin. She has also served as ing an advisory board member. and General Counsel, managing director and special counsel for the Coxe is the immediate-past Jacksonville Jaguars; Paul I. Jacksonville Economic Development president of The Florida Bar, Perez, Executive Vice President Commission. From 2004 to 2007 she was having served on the Board of and Chief Compliance Officer, president of Moran Mediation Group. Governors from 1995-2005 and Fidelity National Title Group, “Serving as chair of the school’s Board of the Executive Committee from Inc.; Barbara “Babs” Strickland, Advisors is an incredible honor,” Moran said. 1999-2006. He became presi“I look forward to contributing to a law school The Suddath Companies; and dent-elect in 2005 and was Kenneth L. Shropshire, David that not only steadily grows in quality but sworn in as president on June W. Hauck Professor at the continues to support the Jacksonville commuHenry M. “Hank” Coxe, III 23, 2006. COASTAL nity, as well as legal communities nationwide.” Wharton School of the

Library Workshops, In-class Modules Enhance Coastal Law Curriculum

his fall, the Library & Technology Center conducted a total of 158 workshops on legal research using a variety of sources, including Reporters and Digests, Statutes, Secondary Sources, and Citators. Many of the workshops in the series are designed to supplement the school’s Lawyering Process program. “We take small groups of students to the shelves and work through a research question with them, showing them how to use the materials,” said Martha Smith, LTC Associate Director. “In fall 2008 we conducted 77 workshops. Almost 1,000 students attended,

which is more than double the number in 2007.” Smith added the LTC provided 35 in-class modules for professors, which are developed specifically at the request of a professor, and allow the library staff to talk to the students in a classroom setting about legal research within a particular context, such as arbitration, tax, or international law. “Recent surveys of law firm partners indicate that they believe that new associates’ legal research skills are weak,” she said. “The LTC is striving to do its part to ensure that Coastal Law graduates are professionally prepared.” COASTAL

“Water Wars” Environmental Summit Draws Large Audience

lorida Coastal School of Law and Jacksonville University once again combined resources for the 2008 Northeast Florida Environmental Summit on Nov. 6. Now in its tenth year, organizers said this year’s event, “Water Wars: Use, Conflict, and the Future,” was especially relevant. “For a long time people thought of water use conflicts as being a problem only felt by western states,” said Coastal Law Professor Andrew Long, “but we are now seeing these issues arise within Florida, as in the case of the St. Johns River, and between states in the Southeast.” JU President Kerry Romesburg said the current topic is something everyone – from students to local businesses – should be interested in. “This year is particularly poignant

because we focused on water,” said Romesburg. “It is so timely and we are hopeful students learned there are alternatives available. On the legality side, there are requirements that must be met and state restrictions.” Panelists at the summit offered scientific, legal and policy perspectives on water-related issues arising in international, national and regional settings. Further discussions included the physical and jurisdictional underpinnings of

water use conflicts, the various approaches to effectively handling water shortages, and the water crises bubbling up in Florida. Speakers include State Rep. Charles McBurney; Christine A. Klein, professor of law at the University of Florida; Cynthia Barnett, senior writer at Florida Trend Magazine; and Adam Schempp, director of the Western Water Program at the Environmental Law Institute in Washington, D.C. “As always, the Environmental Summit is an opportunity for national and regional experts to discuss lessons learned from other conflicts, their bearing on Florida’s current issues, and potential actions for creating a sustainable water management framework for our region,” said Long. “Many of the guests, including our students, said they enjoyed the very timely and insightful dialogue.” COASTAL

er’s office,” he said. “This office should only provide services to those people who truly need them.” Shirk also said he believes that hundreds of people who are appointed public defenders by judges can afford, but choose not to hire, private lawyers. He said one way to identify and control such abuse would be to use his investigators to determine whether clients have sources of income not revealed in court. He would then seek to have his office withdrawn from such a case. As for changes in policy and procedure, Shirk said he wants to ensure that defendants receive services he doesn’t believe they now get for drug abuse, mental health issues and homelessness. “The policies and procedures that I intend to implement are based on my core conservative values,” he said, “and budget cuts will call for creative ideas and a critical eye in regard to spending. I pledge to use an extremely conservative hand when writing the budget.” COASTAL

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ATT SHIRK, CLASS OF 1999, MADE COASTAL LAW history in November by being elected public defender of Florida’s Fourth Judicial Circuit. Shirk will lead the circuit’s public defender’s office after defeating Bill White, a well known Democrat who served the Fourth Circuit for 34 years. “I think it’s a monumental moment,” Shirk said in an interview with the Florida Times-Union. “I think we had a good, positive message and fresh ideas to save taxpayers some of the money they're tired of giving out.” After graduating from Coastal Law, Shirk went to work for the public defender’s office where he started in county court, moved his way up through circuit court, repeat offender court and was ultimately promoted to the special defense division. He also spent a number of years in private practice. “My goals for this office are clear and simple – bring fiscal accountability and government responsibility to the public defend-

WINTER 2009

Coastal Law Alum Elected Fourth Circuit Public Defender

C OV E R S TO RY

‘Pleading’

The Sixth? T

BY PROFESSOR MARC C. MCALLISTER A S S I S TA N T P R O F E S S O R O F L AW

Sacrificing Forfeiture for Confrontation ness.6 But unlike the bribery context, where the briber’s very actions signal an intent to prevent trial testimony, not all “wrongful acts” that have the effect of preventing a witness from testifying should necessarily trigger the forfeiture exception. For example, a defendant who negligently and unknowingly collides into a witness’s automobile the evening before trial, causing her to miss her scheduled testimony, would not forfeit his confrontation right.7 This is true even though the defendant’s negligence is considered “wrongful.” However, between these extremes is a plethora of wrongdoing that may or may not trigger the forfeiture exception.

Crawford v. Washington In 2004, the United States Supreme Court established a new Confrontation Clause jurisprudence in Crawford v. Washington.8 The pre-Crawford rule of Ohio v. Roberts allowed admission of unconfronted, out-of-court statements when those statements either fell within a “firmly-rooted hearsay exception,” or were otherwise considered “reliable.”9 Over time, this standard proved vague and amorphous, and actually revived the core concern the Confrontation Clause was meant to eradicate, “trial by affidavit.”10 In response to these concerns, Crawford replaced the Roberts reliability test with a rigid cross-examination requirement. As anticipated, Crawford’s effect has been to tighten the protections of the Sixth Amendment and foreclose introduction of much previously admissible hearsay. The shift from Roberts to Crawford has not been without cost. One unfortunate byproduct of this transition is to curtail

WINTER 2009

he forfeiture by wrongdoing doctrine (“forfeiture,” or “forfeiture exception”) prevents a criminal defendant from invoking legal protections triggered by his wrongful acts. An equitable doctrine with deep historical roots, this rule is grounded in the maxim that “no one shall be permitted to take advantage of his own wrong.”1 As part of the Sixth Amendment, the right of a criminal defendant to confront his accusers is fundamental to our justice system.2 While the right of confrontation has served various purposes,3 today it essentially guarantees a criminal defendant the right to cross-examine those who testify against him.4 Throughout our nation’s history, courts have held that a defendant’s right of confrontation must sometimes yield due to forfeiture.5 Typically, admission of an unavailable witness’s out-of-court statements without opportunity to cross-examine those statements violates the defendant’s right of confrontation. However, when the forfeiture exception applies, a criminal defendant loses his confrontation right, and the witness’s statements become admissible (despite no opportunity for cross-examination). Notably, this result is not based on the perceived reliability of the out-of-court statements, but rather on the simple notion that a litigant should not be permitted to benefit by his wrongdoing. In certain instances of wrongdoing, the forfeiture exception obviously trumps the defendant’s confrontation right. For example, when a criminal defendant has bribed or intimidated a witness with the intent of preventing the witness from testifying, the defendant is unable to invoke his right to cross-examine that wit-

H E AT H E R B L A N T O N

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I L L U S T R AT I O N S

the ability of prosecutors to secure convictions, particularly in statements, however, cast doubt on this claim.20 11 domestic abuse cases. One commentator reported that 63 perGiles’s victim, Brenda Avie, had dated Giles for several years. cent of survey respondents from over 60 prosecutors’ offices A few weeks prior to her death, officers investigated a report concluded that Crawford significantly impeded prosecutions of involving Giles and Avie. According to one of those officers, domestic violence, and 65 percent reported that victims of Stephen Kotsinadelis, the incident began when Giles became domestic violence are less safe in their jurisdictions as a result of angry and accused Avie of having an affair. According to the Crawford. This is no trivial concern. Each year, domestic vioofficer, Giles grabbed Avie by the shirt, lifted her off the floor, lence results in more than 2 million injuries and leads to 1,500 and choked her. Giles then allegedly climbed on top of Avie, deaths. Further, it is difficult to prove because the victims are punched her in the face, and held a knife to Avie while threatgenerally reluctant or unable to testify.12 ening to kill her.21 Avie’s description of these events later formed Because Crawford increases the likelihood that domestic the core of the forfeiture dispute. abusers will gain evidentiary advantages through intimidation, an A few weeks after this event, Giles was at his grandmother’s expansive forfeiture exception is needed to curtail such manipulahouse with his new girlfriend, Tameta Munks. After Munks left, tion.13 Recognizing this concern, in Crawford, and more recently Avie arrived. Family members inside the home heard Giles and 14 in Davis v. Washington, the Court went out of its way to reaffirm Avie speaking to one another outside. A series of gunshots then forfeiture as a core exception to the confrontation right. The rang out. Giles’s grandmother ran outside and discovered Giles Crawford Court ratified a seemingly broad forfeiture exception, holding a gun standing near the wounded Avie. Giles fled the declaring that “the rule of forfeiture scene, and was arrested more than two by wrongdoing (which we accept) weeks later.22 Under the Giles rule, the extinguishes confrontation claims on Upon investigation, police discov15 essentially equitable grounds.” ered that Avie had been shot six times more heinous the act of Between 2004 and 2008, many in the torso. One wound was consistent courts reacted to Crawford by either with her holding up her hand at the silencing, the more likely the adopting forfeiture for the first time, time she was shot, and one suggested evidence will be excluded. or expanding the doctrine to encomshe was shot while lying on the pass more testimonial statements.16 ground.23 Avie was not carrying a In this same four-year period, howweapon at the time. Further, the ever, courts struggled17 to resolve whether forfeiture should be trig- weapon used by Giles fired one bullet at a time, indicating that gered by any wrongdoing that prevents a witness from testifying Giles had pulled the trigger six times.24 (regardless of the accused’s intent toward that victim), or whether Giles testified at trial. In his testimony, Giles claimed that Avie the wrongdoing must be specifically targeted to prevent such testi- had shot another man before she met him. Giles also claimed that mony.18 Being an equitable doctrine rooted in general notions of he had observed her threaten people with a knife. According to fairness, and given the Court’s explicit endorsement of the excepGiles, when Avie arrived at his grandmother’s house, Avie threattion, many courts erred on the side of evidence admission. The ened to kill him and Munks. At this point, Giles stepped into the 19 Supreme Court in Giles v. California sought to resolve this issue garage and retrieved a gun stowed under the couch, and began in the summer of 2008. walking toward Avie. According to Giles, Avie charged him, and Giles reacted by firing several shots. Giles claimed his eyes were closed as he was firing the gun, and that he did not intend to kill.25 In Giles, the defendant, Dwayne Giles, argued that his conAt trial, Officer Kotsinadelis testified regarding the domestic frontation rights were violated when the court admitted out-of-court incident prior to Avie’s death. The court admitted these statements statements made by his shooting victim a few weeks prior to her under a State hearsay exception (a ruling which was permissible at death. Giles’s confrontation objection was essentially that his victim’s the time under Roberts, but would later not be under Crawford).26 statements were inadmissible due to her absence from court (which Giles was found guilty of first-degree murder and was sentenced to he had secured by killing her). Giles admitted shooting his victim, 50 years to life.27 rendering moot the question of whether Giles’s “wrongdoing” preAs the case awaited appeal, Crawford became the new law of vented her cross-examination. Having admitted the shooting, Giles the land. On appeal in a post-Crawford world, the State sought to placed his eggs in the basket of self-defense; the victim’s challenged invoke the forfeiture exception, arguing that the doctrine applies in

Giles v. California

The Impacts

WINTER 2009

One can easily imagine scenarios where the Giles rule would, in fact, shield blatant wrongdoers. Take, for example, a defendant who decided to murder his wife. For several months, this defendant carefully crafted his plan to perfection. One week before the murder, the couple gets into a heated argument. Knowing his murder plan is nearly flawless, and feeling somewhat boastful at the time, the defendant lets loose his intentions, stating, “none of this matters anyway because by next Tuesday night you will be dead from the poison.” Startled by this admission, the wife calls the police, reports the incident, and states she has reason to believe her husband would kill her next Tuesday; moreover, that he would do so by poisoning her. Unbeknownst to the wife, the defendant overhears this conversation. Still motivated by an overwhelming desire to kill his wife (i.e., not a desire to prevent her from testifying), the defendant decides the best thing to do would be to complete the job. And so, the following Tuesday night, just as he warned, the defendant executes his murder by poisoning his wife. With no witnesses and not much physical evidence, the prosecutor wishes to introduce the victim’s statement in which the victim accurately predicted both the time and the manner of her death. This evidence, it would seem, would have a big impact on the jury. One problem: under Giles, it would be very difficult to prove the killing was specifically intended to prevent the victim from testifying. This is particularly true here because the defendant had been planning his crime for months, which indicates that silencing his victim due to her report was not his true motivation. The defendant was going to kill his wife regardless, and her police report only solidified his plan. As applied to my hypothetical defendant, the Giles rule has, at the front end, created a perverse incentive to “finish the job.” This is ironic and self-defeating, given that “the primary reasoning behind the [forfeiture] rule is . . . to deter criminals from intimidating or ‘taking care of ’ potential witnesses against them.”39 In addition, at the back end, the Giles rule would prevent jurors from hearing the one piece of evidence that might resolve their doubt as to the defendant’s guilt. While a work of fiction, the above hypothetical is not so convoluted that it is unlikely to occur. This hypothetical is, for example, quite similar to the recent Wisconsin State

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all cases of misconduct rendering a witness unavailable for trial, regardless of the wrongdoer’s specific motivation.28 Both the California Court of Appeal29 and the California Supreme Court endorsed the State’s view.30 The United States Supreme Court reversed, ruling that the accused must have specifically intended to silence the would-be witness for forfeiture to apply. The Court thus vacated Giles’s conviction, and remanded for possible consideration of intent evidence.31 The Court, however, was severely divided. Despite the Court’s attempt to apply the forfeiture doctrine as it was understood at the time of the Founding, five Justices ultimately deemed the historical record unable to resolve the intent issue,32 and four expressed concern with the case’s overall outcome. As explained below, this concern is legitimate. The first flaw in the Giles rule is its tendency to cloud the truth. Because Giles will limit forfeiture’s reach,33 this ruling will effectively decrease the amount of evidence admitted at trial, much of which would assist jurors in ascertaining the truth.34 In Giles, for example, Avie’s statements provided significant circumstantial evidence as to whether the homicide, to which no eyewitnesses were available, had been committed unlawfully. By excluding the victim’s statements, however, Giles is able to present a one-sided account of their relationship. Given the problems inherent in one-sided accounts,35 this arguably diminishes the jury’s ability to ascertain the truth, a result that is particularly ironic given that “the ‘Confrontation Clause’s very mission’ . . . is to ‘advance the accuracy of the truth-determining process in criminal trials.’ ”36 A second flaw in the Giles rule is that it creates incentives to silence would-be witnesses. According to leading confrontation expert, Professor Richard Friedman, where the “victim made a testimonial statement against the accused before the final assault and the accused was . . . aware of that fact – denying forfeiture absent a showing of purpose to render the witness unavailable would create a horribly perverse incentive, to ‘finish the job’ and make the assault a fatal one.”37 In such cases, the accused usually has multiple motivations for the assault, and evidence of a specific intent to prevent the victim from testifying is often slim, making the victim’s prior statements generally inadmissible under Giles.38

v. Jensen case.40 A third reason to expect a limiting of Giles is that its rule leads to inequitable inconsistencies.41 Under the Giles rule, the more heinous the act of silencing, the more likely the evidence will be excluded. For example, under this rule, a defendant who successfully detains a potential witness by bribing her would forfeit his confrontation right, whereas the defendant who kills his victim would not. All things equal, the killer would have a better chance of acquittal than would the petty briber. This result seems wrong. If the Court is willing to permit a defendant’s wrongdoing to override his confrontation right (as indicated by Crawford, Davis, and Giles), the Court should do so in cases of intentional killings.42 Murder, after all, “falls in the worst class of wrongdoing and ‘unclean hands.’ ”43 Perhaps most troubling, the Giles rule creates a logical disconnect between the two major confrontation exceptions ratified by the Crawford Court, forfeiture by wrongdoing and the dying declaration.44 Because dying declarations are routinely admitted in murder trials without opportunity for confrontation and absent proof of witness tampering, they bear a striking resemblance to the statements admitted against Giles.45 If dying declarations are admissible without having to prove intent-to-silence, while similar declarations made in the absence of impending death are not, the Court should provide a principled basis for this constitutional distinction.46 Giles, however, does not do so. Given these and other concerns streaming through the wake of Giles, I expect future courts to limit the Giles rule to prevent criminals from benefiting by their wrongdoing. One can imagine several methods through which lower courts post-Giles could ease prosecutors’ burden of proving the requisite Giles intent. These methods include, among others, inferring intent from circumstantial evidence, and requiring the accused to disprove a presumption of intent-to-silence when his wrongdoing has triggered the confrontation right. Perhaps the most likely method of evasion is the ability to infer intent, which essentially eliminates the need to prove actual intent. There is strong case support for this method. In the domestic abuse context, Giles itself indicates that intent may be inferred from the very nature of the abusive relationship, even where the evidence at issue is unrelated to the ultimate homicidal act. The Court explained: Acts of domestic violence often are intended to dissuade a victim from resorting to outside help. . . . Where such an abusive relationship culminates in murder, the evidence may support a finding that the crime expressed the intent to…stop [the victim] from reporting abuse to the authorities or cooperating with a criminal prosecution – rendering her prior state-

ments admissible under the forfeiture doctrine. Earlier abuse, or threats of abuse, intended to dissuade the victim from resorting to outside help would be highly relevant to this inquiry. 47 Justice Souter read this passage to mean “that a showing of domestic abuse is [by itself ] sufficient to call into play the protection of the forfeiture rule.”48 According to Justice Souter, inferring intent “when, in fact, the abuser may have had other matters in mind apart from preventing the witness from testifying, is in effect not to insist upon a showing of ‘purpose.’ ”49 Justice Breyer similarly observed that this passage “creat[es] a kind of presumption that will transform purpose into knowledge-based intent – at least where domestic violence is at issue; …the area where the problem is most likely to arise.”50 Even before Giles, we see this same attenuated intent evidence making the difference in cases beyond domestic abuse. For example, the United States Court of Appeals for the D.C. Circuit recently deemed the intent requirement satisfied by two pieces of circumstantial evidence: testimony based on unsubstantiated rumor, and an alleged threat to individuals not implicated in the forfeiture claim.51 In similar fashion, a New York federal court found sufficient “circumstantial evidence from which the inference of prior knowledge may be drawn.”52 The New Mexico Supreme

Court has also ratified the practice of inferring intent, both generally and in the specific context presented in Giles.53 Given Giles’s explicit endorsement of this practice in domestic abuse cases, prosecutors will often invoke this argument post-Giles. In sum, a stronger forfeiture doctrine, not a weaker one, is needed in Crawford’s wake. Being an equitable concept, the forfeiture doctrine will sometimes counsel toward evidence admission despite a lack of specific intent evidence. This is true regardless of the perceived scope of the forfeiture doctrine at our nation’s birth. Given the problematic effects of the Giles rule, we can expect post-Giles courts to circumvent the rule, particularly in the area of domestic abuse and often through inferring the requisite intent. COASTAL

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27 28 29 30 31 32

system of the evidence upon which it depends”); State v. Romero, 133 P.3d 842, 855-56 (N.M. Ct. App. 2006) (requiring intent-to-silence to invoke the forfeiture doctrine, and rejecting argument that the requisite intent can be inferred); Commonwealth v. Edwards, 830 N.E.2d 158, 170 (Mass. 2005). 128 S.Ct. 2678 (2008). See People v. Giles, 19 Cal.Rptr.3d 843, 846 (Cal. App. 2004). Id. Id. at 845. People v. Giles, 152 P.3d 433, 436 (Cal. 2007). Respondent’s Brief on the Merits, 2008 WL 904073, *1-*3 (March 19, 2008) [hereinafter “Respondent’s Brief ”]. Giles, 19 Cal.Rptr.3d at 846. The trial judge deemed the testimony admissible hearsay under California Evidence Code § 1370, which permits admission of out-of-court statements describing the infliction or threat of physical injury on a declarant when the declarant is unavailable to testify at trial and the prior statements are deemed trustworthy. See Respondent’s Brief, 2008 WL 904073, *2. Id. at *3. See Giles, 19 Cal.Rptr.3d at 848. Id. at 851. See Giles, 152 P.3d at 443. Giles, 128 S.Ct. at 2693. Justices Souter and Ginsburg, who joined the majority opinion but wrote a separate concurrence, were unpersuaded by the majority’s review, concluding that “the early cases on the exception were not calibrated finely enough to answer the narrow question here.” Id. at 2694 (Souter, J., concurring). See Romero, 133 P.3d at 853 (“The prosecution will surely be able to show that the defendant procured the witness’s absence in more cases than it will be able to show that the defendant did so with the specific intent of preventing the witness from testifying.”) See Giles, 128 S.Ct. at 2708 (Breyer, J., dissenting) (“To insist upon a showing of purpose rather than plain (knowledge-based) intent would limit the amount of unconfronted evidence that the jury might hear.”). Eliminating untested evidentiary accounts is the very driving force behind adoption of the Confrontation Clause. See Tennessee v. Street, 471 U.S. 409, 414-15 (1985) (declaring that, without the ability to present rebuttal evidence, “the jury would have been impeded in its task of evaluating the truth of respondent’s testimony,” “a result [which] would have been at odds with the Confrontation Clause’s very mission”). United States v. Inadi, 475 U.S. 387, 396 (1986) (citing Tennessee v. Street, 471 U.S. 409, 415 (1985)).

37 Friedman Brief, 2008 WL 859395, *8. 38 Id. 39 United States v. Thompson, 286 F.3d 950, 952 (7th Cir. 2002). See also People v. Geraci, 649 N.E.2d 817 (N.Y. 1995). 40 See State v. Jensen, 727 N.W.2d 518 (Wis. 2007) (noting possible application of forfeiture exception to defendant’s intentional homicide of his wife, who died of poisoning, where during the weeks prior to her death, defendant’s wife repeatedly voiced her fear that defendant was trying to poison her; in a post-Crawford world, court determined that some of victim’s out-of-court statements were inadmissible under Crawford, but that forfeiture exception would extinguish defendant’s confrontation rights if, on remand, the State could prove by a preponderance of evidence that the accused caused the witness’s absence). 41 See Giles, 128 S.Ct. at 2699 (Breyer, J., dissenting). 42 Respondent’s Brief, 2008 WL 904073, *16. 43 Id. at *13. 44 The dying declaration would typically permit the introduction of unconfronted statements where the witness was under the apprehension of death at the time she made the damaging statements. See Giles, 128 S.Ct. at 2685. 45 Respondent’s Brief, 2008 WL 904073, *13. 46 The best justification we have is simply that the dying declaration exception was around at the time of the Founding, and a constitutional right is to be interpreted in accordance with the law that existed when the right was adopted. See Crawford, 541 U.S. at 56 n.6 (“If [the dying declaration] exception must be accepted on historical grounds, it is sui generis.”). See also Mattox, 156 U.S. at 243-44 (“[T]here could be nothing more directly contrary to the letter of the [Confrontation Clause] than the admission of dying declarations. They are rarely made in the presence of the accused; they are made without any opportunity for examination or cross-examination, . . . yet from time immemorial they have been treated as competent testimony.”). 47 Id. at 2693 (emphasis added). 48 Id. at 2708 (Souter, J., concurring in part). 49 Id. 50 Giles, 128 S.Ct. at 2708 (Breyer, J., dissenting). 51 United States v. Martinez, 476 F.3d 961, 966-67 (D.C. Cir. 2007) (applying the analogous intent requirement of Federal Evidence Rule 804(b)(6)). 52 United States v. Mastrangelo, 561 F.Supp. 1114, 1119 (E.D.N.Y. 1983), aff ’d in 722 F.2d 13 (2d Cir. 1983) (emphasis added). 53 See Romero, 133 P.3d at 855-56; State v. Alvarez-Lopez, 98 P.3d 699, 705 (N.M. 2004) (“we may be able to infer a criminal defendant’s murder of a key prosecution witness was intended to prevent the witness from testifying at the defendant’s trial”).

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ty’ of ex parte statements more easily than they could show the defendant’s procurement of the witness’s absence. Crawford, in overruling Roberts, did not destroy the ability of courts to protect the integrity of their proceedings.”). See also Brief of Richard D. Friedman as Amicus Curiae in Support of Respondent, 2008 WL 859395, *12 n.9 (March 26, 2008) (“Given Crawford, the confrontation right . . . is rigid and categorical in nature. If the rule of forfeiture of the confrontation right is not fully developed, therefore, inequitable results will frequently occur.”) [hereinafter “Friedman Brief ”]. See Davis, 547 U.S. at 834 (“[W]hen defendants seek to undermine the judicial process by procuring or coercing silence from witnesses and victims, the Sixth Amendment does not require courts to acquiesce. While defendants have no duty to assist the State in proving their guilt, they do have the duty to refrain from acting in ways that destroy the integrity of the criminal-trial system. We reiterate . . . that ‘the rule of forfeiture by wrongdoing . . . extinguishes confrontation claims on essentially equitable grounds.’ That is, one who obtains the absence of a witness by wrongdoing forfeits the constitutional right to confrontation.”) (emphasis in original). Crawford, 541 U.S. at 61-62. See, e.g., United States v. Garcia-Meza, 403 F.3d 364, 370-71 (6th Cir. 2005) (applying forfeiture in murder case with facts very similar to Giles); State v. Jensen, 727 N.W.2d 518, 533 (Wis. 2007) (adopting “a broad forfeiture by wrongdoing doctrine,” and stating that “in a post-Crawford world the broad view of forfeiture . . . is essential.”). See State v. Romero, 133 P.3d 842, 850 (N.M. App. 2006) (“Despite widespread acceptance of the doctrine of forfeiture by wrongdoing, however, there has been some confusion over its requirements. Specifically, . . . courts have disagreed over the [applicability of an] intent requirement. . . .”). The following courts, among others, explicitly rejected the rule that a defendant must have intended to prevent the witness from testifying for forfeiture to apply: United States v. Garcia-Meza, 403 F.3d 364, 370-71 (6th Cir. 2005) (applying forfeiture in murder case with facts similar to Giles); State v. Jensen, 727 N.W.2d 518, 533 (Wis. 2007) (same); People v. Moore, 117 P.3d 1, 2-3 (Colo. Ct. App. 2004) (same); State v. Meeks, 88 P.3d 789 (Kan. 2004) (applying forfeiture to admit statements of dying victim in murder case); United States v. Mayhew, 380 F.Supp.2d 961 (S.D. Ohio 2005) (applying forfeiture in facts similar to Meeks). On the other hand, the following courts endorsed the intent requirement later adopted by Giles: People v. Moreno, 160 P.3d 242 (Colo. 2007) (ruling defendant’s wrongful conduct must have been “designed, at least in part, to subvert the criminal justice system by depriving that

Portions of this article are to be published, with the publisher’s permission, in the following law review article forthcoming spring 2009: Marc Chase McAllister, Down But Not Out: Why People v. Giles Leaves Forfeiture by Wrongdoing Still Standing, 59 Case Western Reserve Law Review (Spring 2009). 1 See Reynolds v. United States, 98 U.S. 145, 159 (1878). 2 The primary right advanced by the Clause—the right of cross-examination—has been deemed the “greatest legal engine ever invented for the discovery of truth.” Maryland v. Craig, 497 U.S. 836, 846 (1990) (quoting California v. Green, 399 U.S. 149, 158 (1970)). 3 See Pennsylvania v. Ritchie, 480 U.S. 39, 51 (1987) (“The Confrontation Clause provides two types of protections for a criminal defendant: the right physically to face those who testify against him, and the right to conduct cross-examination.”). 4 See Crawford v. Washington, 541 U.S. 36, 55-56 (2004) (“We do not read the historical sources to say that a prior opportunity to cross-examine was merely a sufficient, rather than a necessary, condition for admissibility of testimonial statements. They suggest that this requirement was dispositive.”); Tennessee v. Street, 471 U.S. 409, 414 (1985) (“[t]he Clause’s fundamental role i[s] protecting the right of cross-examination”). 5 See, e.g., United States v. Carlson, 547 F.2d 1346, 1360 (8th Cir. 1976) (holding the defendant waived his right to confrontation when he intimidated a witness into not testifying at trial). 6 See Davis, 547 U.S. at 834 (“The common-law forfeiture rule was aimed at removing the otherwise powerful incentive for defendants to intimidate, bribe, and kill the witnesses against them.”). 7 See People v. Giles, 19 Cal.Rptr.3d 843, 850-51 (Cal. App. 2004) (providing a similar example). 8 541 U.S. 36 (2004). 9 448 U.S. 56, 66 (1980). 10 See Mattox v. United States, 156 U.S. 237, 24243 (1895) (“The primary object of [the Confrontation Clause] was to prevent depositions or ex parte affidavits . . . being used against the prisoner in lieu of a personal examination and cross-examination of the witness.”). 11 See Tom Lininger, Prosecuting Batterers After Crawford, 91 Va. L. Rev. 747, 750 (2005) [hereinafter “Lininger”]. 12 See Lininger, 91 Va. L. Rev. at 751 & 768-71 (explaining why domestic abuse victims are often reluctant to testify against their abuser, and noting how frequently abuse victims recant). 13 See Davis v. Washington, 547 U.S. 813, 833-34 (2006), decided together with Hammon v. Indiana (“The Roberts [rule] undoubtedly made recourse to th[e] [forfeiture] doctrine less necessary, because prosecutors could show the ‘reliabili-

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Professor McAllister received his J.D., cum laude, from the University of Notre Dame Law School, and clerked for Judge Charles Wilson of the Eleventh Circuit Court of Appeals, where he authored three published opinions. Professor McAllister then practiced at the Indianapolis law firm of Baker & Daniels, and later served as Associate Professor of Law at Western State University College of Law in Fullerton, California. His publications include Two-Way Video Trial Testimony and the Confrontation Clause: Fashioning a Better Craig Test in Light of Crawford, in 34 Fla. St. U. L. Rev. 835 (2007); Judicial Review of Administrative Agency Action in Germany and the United States, in 2007 Annual of German and European Law; Human Dignity and Individual Liberty in Germany and the United States as Examined Through Each Country's Leading Abortion Cases, in 11 Tulsa Journal of Comparative and International Law 491 (2004); and What the High Court Giveth the Lower Courts Taketh Away: How to Prevent Undue Scrutiny of Police Officer Motivations Without Further Erosion of Georgia v. Randolph’s Heightened Fourth Amendment Protections, in 56 Cleve. St. L. Rev. (fall 2008).

PERSPECTIVES

The Tension Between Practical Skills and Critical Thinking Is there a false dichotomy?

n the early 1990’s, concern with how effectively American legal education was adapting to the changing nature and demands of the legal profession prompted a study by the American Bar Association on the subject. The resulting study, “Report on the Task Force on Law Schools and the Profession: Narrowing the Gap,” triggered widespread reflection among legal education experts upon the connectivity of legal education with preparing students for the practice of law. Among other things, the report served as the impetus for the formation of the legal education philosophy and mission of Florida Coastal School of Law. One of the more controversial ideas generated by the report was the concept that law schools were failing to instill sufficient practical skills in today’s law students to prepare them for a life in the legal profession. Thus the concern was raised: if schools began focusing on practical skills,

would the wellentrenched Langdellian teaching methods of the 20th century fall by the wayside? Legal educators, including those at Coastal Law, agree that while knowledge of core legal principles is a necessary foundation for effective legal advocacy, it is equally important for students to think critically about the rules of law that exist, know when to apply them, and know when those rules can be appropriately applied to new and novel fact settings. “Our goal is to produce graduates who not only have a thorough training in the black letter law, but who also know how to analyze the legal dynamics of each situation, and have the skills necessary to resolve the matter, and the professional wisdom to do what is right.” – Teresa Heekin Davlantes, Vice Dean and Associate Professor of Law. But does increasing emphasis on skills training diminish the development of critical thinking skills? The supposition traditionally has been that if one is engaged in skills training, it is at the sacrifice of academic rigor. In fact, Coastal Law has found that if done right, practical skills curriculum can actually be infused into traditional education methods, thus resulting in enhanced critical thinking skills. “Often students work in our Live Client Clinics during their final year of school, and it is here that we have the opportunity to

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constantly in flux, and are often contested. see them researching – using what they’ve The secret to Thus, the secret to being a lawyer is underlearned in class - while putting their practistanding how the rules function as well as cal skills to good use. They have to, because being a lawyer is the values and principles that underlie the they’re being challenged with working with legal system itself. At Coastal we try to real people – real clients who are going to be understanding emphasize practical skills in our classes, but impacted by the quality of the students’ how the rules this is by no means incompatible with work, their level of professionalism, and infusing professional ethics, broader theotheir ability to understand and interpret the function as well retical concerns, social justice concerns, and complexity of the law.” – Ericka Curran, as the values even comparative and international perspecAssistant Professor of Professional Skills tives. We do this, not merely because it’s Concluding that there was no need to and principles theoretically interesting, but because all of create completely separate tracks within the that underlie the these things help make one a better practiclegal education experience – one emphasizing lawyer.” – Christopher Roederer, Associate ing practical skills and another, academic legal system itself. Professor of Law erudition – Coastal Law turned to an infuDoes it work? While the proof of sucsion curriculum designed to integrate both cessful outcomes remains in the success of the graduates in their aspects into the experience simultaneously. professions, there are other signs that the Coastal Law approach “I run my Evidence class like a courtroom. I feel that if stuis working. Academic teams, such as Moot Court, test both the dents can apply the rule in that kind of setting, they have it and practical oratory skills and the academic prowess of research, they don't forget it.” – Rosa DuBose, Associate Dean of Academic legal analysis and intellectually creative and critical thinking Affairs and Associate Professor of Professional Skills under pressure. Coastal Law’s national and international success In the end, ensuring students have opportunities to apply the academic principles learned in the classroom to practical settings - in these competitions indicates that this integrated methodology is working. properly integrating the two – can, in fact, enhance a student’s “Florida Coastal does a tremendous job in helping students overall preparedness for the profession of law. reach their full potential in being able to think creatively. One “Florida Coastal faculty members push their students to go example is the continued success Florida Coastal students have beyond simply learning the ‘black letter law.’ One way professors in state, national and international moot court competitions. assist their students in refining their critical thinking skills is by The norm at competitions is facing the unexpected. Coastal stuincorporating current legal controversies into class discussion and providing students with the opportunity to apply the rules they are dents have consistently handled this with great facility. The abillearning to a current legal problem. Students then have the oppor- ity to think creatively is one of the reasons Florida Coastal students have won a dozen best advocate awards at moot court tunity to question the validity of the current rules, examine the competitions over the last couple of years.” – Alexander Moody, effect of the rules’ application to the problem before them, and Assistant Professor of Professional Skills and Faculty Advisor to the consider whether any other rules might better serve to solve the Moot Court Honor Board controversy.” – Mary Margaret Giannini, Assistant Professor of Law Are there more aspects to creating a good law graduate? The This modern approach fosters a more seamless integration of successful integration of practical skills training and academic rigor practical application to the more esoteric concepts of the law, enabling students to move beyond a black letter academic learning has prompted Coastal law to explore the infusing of additional elements designed to develop law students not just as lawyers, but environment to one that is dynamic. as leaders and professionals – perhaps stepping into the next fron“Learning the prevailing legal standards is not the destination at Coastal Law, but the starting point.” – David Pimentel, Assistant tier for legal education. “We make sure there are opportunities for students to develop Professor of Law professional wisdom both inside and outside the classroom; this “There is sometimes a tendency for some students in law may take the form of leadership development training and curricuschool to think that learning the law is about memorizing rules. lum designed to foster professional maturity, and focus on core While memorizing rules may get one through the bar exam, havvalues and ideals.” - Davlantes COASTAL ing this skill does not get lawyers very far in practice. Rules are

IN PRACTICE

Alumna thrives in Federal Clerkship Susanne Weisman, ’99, is on the forefront of setting precedent N MAY, COASTAL LAW CHARTER ALUMNA Susanne Weisman will celebrate 10 years working as a law clerk with Timothy Corrigan, Judge in the United States District Court for the Middle District of Florida. A jack-of-all-trades in Corrigan’s chambers, Weisman is at the forefront of cutting edge legal matters, analyzing facts and often offering insight that will assist the judge before decisions are made and legal precedents set. It’s an important job and an incredible opportunity, Weisman said, but despite dealing with intellectually challenging and groundbreaking issues, she is mindful of the “real people” who will be affected by her recommendations and, ultimately, Corrigan’s decisions.

What influenced your decision to enter into a career with the court?

I was lucky to get an internship with Judge Timothy Corrigan (who was then a U.S. Magistrate Judge and is now a U.S. District Judge) while I was a student at Florida Coastal. When I got over here and saw the work judges and law clerks do, I knew it was a place I wanted to be if the opportunity ever arose. What did you see as an intern that made you want to be a law clerk?

Each of the judges in the Middle District of Florida has about 500 cases assigned to them at any given time, and there is a huge variety in the cases that come to federal court, everything from employment discrimination to commercial contract disputes, to complex environmental cases to all manner of federal criminal issues.

No one person could be well versed in all areas. Judges, therefore, rely heavily on the law clerks to review the facts of the cases and the relevant law, make recommendations on how to proceed, and prepare bench briefs and drafts of opinions for the judge’s consideration. It is usually a collaborative process between the judge and the law clerk, although the final decision rests with the judge. I, as well as most law clerks, view it as an awesome personal responsibility that we are correctly advising the judge on the law. Working with a judge is also a terrific mentoring opportunity for a young lawyer. Even though I’ve now been here 10 years, at the end of each day, I invariably leave the office feeling that I’ve been given new insight into the practice of law. Is there anything you can point to that tends to be the “tipping point” in making decisions? (e.g., usually one or two key facts, direction other cases seem to be going)

Eleventh Circuit precedent is always going to be the key, but the issues that are brought before the court aren’t always clear, so that makes it difficult. Sometimes it depends on who has the burden of proof or what the standard of review is, or whether there is persuasive authority on the issue. Was there anything, in particular, that you remember from Coastal Law that you think prepared you for this career?

All of my seminar classes that required original research and writing were extremely important. Appellate Advocacy was also a help, as was Judicial Process with Judge Peter Webster, who is on the First DCA. Writing papers for those classes prepared me for this position. Any course that required written work was helpful. What are your favorite things about what you do every day? What makes you love to come to work?

First, I am proud to be a part of the judicial system, knowing that the work I am doing is affecting people and helps determine how they receive justice. The second thing is the variety of cases and issues that we deal with on a regular basis. It makes the job new every day. I might be drafting an order on a summary judgment motion in a civil rights case one day and attending a hearing on a motion to remand in an international contract dispute the next. It’s never boring. COASTAL

Everyday Ethics LESSONS

PROFESSIONALISM

ference at a time convenient to the client. If the client has left a message on your voicemail, make it a priority to call back within 24 hours. B Y J A M E S J . W O O D R U F F, I I Another essential matter that must be communicated is that Assistant Professor of Lawyering Process there is no guarantee of success in any litigated matter. I always make it clear throughout any litigated matter that the outcome of the litigation is unpredictable. Once clients understand that there HE MOST IMPORTANT THING A LAWYER is no guarantee of success and know that you are actively working can do is communicate with the client. It’s that simple. their cases, your credibility will greatly increase. In my law pracTo illustrate this point, there is a well known lawyer joke tice, this increased credibility commonly leads to an increased flow that asks how you get a lawyer to stop calling you. The answer is of repeat business and word-of-mouth referrals. you hire him. How often do we as lawyers hear the complaints The Florida Rules of Professional Conduct outline a minimum from the public that they never hear from their lawyers? level of communication a lawyer should provide her client. Routinely, I have a file referred to Another essential However, one should seek to surpass the standard because, me to handle a client’s insurance disafter all, it is through our communications to the public pute. While working with some of matter that must that we are judged. COASTAL the referral clients, they inquire as to be communicated the status of their other legal matters is that there still retained by the referring law firms. Additionally, I hear complaints is no guarantee from members of the public regardof success in any ing a lack of communication from the legal profession. It has become very litigated matter. apparent to me that many law firms do not keep their clients up-to-date on the happenings in their cases. To ensure adequate client communication in my practice, I make it a habit to send all court filings and pretrial correspondence in the client’s particular matter to the client. This is done in addition to discussing all case-related matters in detail with the client in person or by telephone. Regardless of clients’ education or socio-economic background, they give the impression that receiving case updates is important and greatly appreciated. This has resulted in a more rewarding law practice with a motivated client who becomes actively involved in the case. In addition to sending monthly update letters, it helps to actually take your clients’ telephone calls. If you are unable to speak with the client when she calls, have your assistant schedule a telephone con-

Client communication is key

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Student News AWARDS, ACHIEVEMENTS AND

HIGHLIGHTS

Coastal Law Moot Court Teams Impress Nationally OASTAL LAW’S MOOT Court Honor Board teams continued to make excellent showings this year, including individual honors, at competitions across the country. “Moot court is like what basketball is to college athletics,” said Sander Moody, Coastal Law Professor and Moot Court Honor Board faculty advisor. “It’s competition - talented teams competing against each other.” Over the last three years, Coastal Law has won 10 championships, The Florida Coastal School of Law Moot Court team seen here recently brought home a second place advanced to the finals or semifinals trophy from the National Constitutional Law Moot Court Competition in Chicago. Competitors included, back row, Coastal Law students Deidrean Lyon, Benjamin Hughes, Havneet Sethi and, front row, Circuit 10 other times and won 32 “Best Court Judges Michael Panter, Joseph Panarese, Martin Moltz and Jesse G. Reyes. They are all judges in the Brief ” or “Best Advocate” awards. Circuit Court of Cook County in Chicago, Ill. During that time, Coastal Law De Long said that while being part of teams have advanced from preliminary rounds Coastal Law win the Zehmer Workers’ moot court is a time of emotional commitCompensation Law Moot Court in 26 of 31 tournaments. ment, she “wouldn’t trade it for anything,” as Competition. She’s part of a team that will be “The program has grown significantly,” the experience has turned into a lifestyle and, competing at the Vis International said Moody. “The teams consistently excel in hopefully, a career-changing opportunity. Arbitration Moot in Vienna, Austria. competition against other schools.” De Long was a part of the semifinals team In her two years with the team she’s bondRecently, a Coastal Law team reached the in National Constitutional Moot Court in ed with her “moot court brothers and sisters,” finals of the National Constitutional Law Chicago. She said that in the eight weeks of Moot Court Competition in Chicago and the as she calls them, and has learned skills she’ll preparation, 38 practices were scheduled — take with her in her career. semifinals of the National Moot Court time consuming but “something that certainly “Professionalism,” she said. “It’s extremely Southeast Regional in Atlanta. paid off.” important, no matter the outcome.” For team members, practicing for and She will participate in the upcoming Lisa De Long, a 3L Coastal Law student competing in such competitions is of immense National Sexual Orientation Law Moot Court and Moot Court Honor Board secretary, said value. in Los Angeles in February. she’s heard the school’s name being men“It’s such a great experience,” said Jamica In addition to the Sexual Orientation and tioned at competitions more and more often. Littles, Moot Court Honor Board member. Vis International competitions, a Coastal Law “It’s incredible, especially when we some“It really adds value to the law school experiteam will prepare for a National Sports Law times kid and say that law school gets in the ence.” Littles, a third-year Coastal Law student, is way of moot court,” said De Long. “It’s a deli- Moot Court scheduled for February in New Orleans. COASTAL cate tight rope to walk.” in her second year with the team and helped

Summer 2008 Law Review Issue Publishes N SEPTEMBER, THE FLORIDA Coastal Law Review published its summer issue, with topics ranging from child abuse evidentiary issues to Florida statutory construction. The highlight of the issue was coauthored by the Honorable Peter Webster, judge from First District Court of Appeal and a Coastal Law adjunct professor. He contributed “Statutory Construction in Florida: In Search of a Principled Approach.” Additionally, staff editors Jamie Wershbale, a 2L from Ohio, and Lindsey Kraig, a 2L from Wisconsin, published case notes in the issue. Wershbale authored “Repudiated Allegations of Child Sexual Abuse: How Much Corroboration is Enough?,” while Kraig published “Convicting Child Sex Offenders Post Baugh v. State of Florida: Does the Prosecution Have a Chance?” The new journal is posted in digital format on the Law Review’s new website, accessible through the Coastal Law website.

SBA Gives Big to Komen Foundation S PART OF ITS ONGOING FUNDRAISING AND VOLUNTEER efforts, Florida Coastal School of Law’s Student Bar Association presented a check for $5,000 to representatives from the Susan G. Komen Foundation’s North Florida Affiliate in December. The money was raised through both ticket sales to the SBA “Barrister’s Ball” in October and independent donations. “We are so happy to be able to give in this way,” said Jessica Akers, Coastal Law’s SBA vice president of internal affairs. “We all know someone who has been affected by breast cancer – friends and family – and when we were trying to decide who to donate to, the executive council was in 100 percent agreement that the Komen Foundation was the perfect choice.” COASTAL

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Distinguished Harvard Lawyer Visits Campus

ROFESSOR CHARLES OGLETREE, A CELEBRATED FACULTY MEMBER AT Harvard Law School, made a brief appearance at Florida Coastal School of Law in November. In town as part of the NAACP’s honoring of the D. W. Perkins Bar Association, and the Florida Coastal School of Law Black Law Students Association, Ogletree spoke to the students about election issues, including canvassing boards and ballot access. “I could go on and on about Professor Ogletree’s many achievements,” said Coastal Law student Tiny Williams when introducing Ogletree to the crowded classroom, “but it could take weeks. “We are very fortunate to have him here with us.” Ogletree is a Jesse Climenko Professor at Harvard Law School, and is the founder of the school’s Charles Hamilton Houston Institute for Race and Justice. In addition he has authored numerous books on legal topics. Ogletree earned his B.A. and M.A. in political science from Stanford University and his J.D. from Harvard Law School in 1978, where he has been teaching since 1984. As a professor at Harvard Law, Ogletree taught both Barack and Michelle Obama, and has remained close to Barack throughout his political career. COASTAL

Professor Charles Ogletree

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COASTAL

The Coastal Law Student Bar Executive Council, Dean Peter Goplerud, Assistant Dean Tom Taggart, with representatives from the Susan G. Komen Foundation, North Florida.

Faculty News HIGHLIGHTS, ACHIEVEMENTS AND APPOINTMENTS

Professor Susan Daicoff Professor Daicoff (right) submitted a book chapter, by invitation, for a book on conflict transformation edited by University of North Florida Professor Candace Carter. Over the summer, she also wrote two online pieces for The Complete Lawyer and Lawyerswithdepression.com, respectively. Also this summer she was invited to write an article on collaborative law for a special issue of the University of Florida Journal of Law and Public Policy devoted to family law. In August, Professor Daicoff spoke and presented a workshop at the 17th Annual Conference for Mediators and Arbitrators in

Orlando, “Emerging Forms of ADR: Transformative Mediation, Procedural Justice, Holistic Justice and Therapeutic Jurisprudence,” with Coastal Law alumna Elizabeth Roach, who is now on staff with the Florida Dispute Resolution Center. Her article, “Growing Pains: The Integration vs. Specialization Question For Therapeutic Jurisprudence and Other Comprehensive Law Approaches,” is now at 30 Thomas Jefferson L. Rev. 551 (2008) (symposium issue).

Professor Elizabeth DeCoux Professor DeCoux’s (right) article, “Limits

Professor Cleveland Ferguson

n May and June, Professor Ferguson co-directed Florida Coastal School of Law’s Inaugural Summer Abroad Program at the Universite d’Auvergne in ClermontFerrand, France, and taught Comparative Enforcement of Human Rights: the Millennium Development Goals. On June 15, 2008, American Bar Association International Chair Aaron Schildhaus named Professor Ferguson Vice Chair of the ABA’s Nongovernmental Organization Committee. On July 7, Professor Ferguson received the Superior Accomplishment Award from Kappa Alpha Psi Fraternity, Inc., Jacksonville Alumni Chapter. The Universite de’ Auvergne Faculte de Droit et de Science Politique (law faculty) selected Professor Ferguson to present at the Quincentennial Observance of the Law of Custom in the Auvergne Region of France.The conference will be held in December 2009 in Paris. The Florida Law Related Education Association, Inc., and the Center for Citizen Involvement at the University of Central Florida selected Professor Ferguson to create a course to train Florida middle school and high school teachers in the First Amendment. The Florida Bar Board of Governors appointed Professor Ferguson to a two-year term on the Florida Legal Services, Inc., Board of Directors. Florida Bar President John G. White, III, reappointed Professor Ferguson to the Consumer Protection Law Committee. COASTAL

on the Residual Exception to the Hearsay Rule—the ‘Near Miss’ Debate and Beyond,” is on the shelves in the current edition of the Southern University Law Review. An additional article, “Does Congress Find Facts or Construct Them —The Ascendence of Politics Over Reliability, Perfected in Gonzales v. Carhart,” is in the latest issue of the Cleveland State Law Review. Earlier this year Professor DeCoux spoke at the In Vitro Meat Symposium in Os, Norway. Her topic: “People Who Care About Animal Rights and Animal Welfare – What Factors Will Affect Their Decision Whether to Eat In Vitro Meat.”

Professor Susan Harthill

rofessor Harthill's article, “Bullying in the Workplace: Lessons from the United Kingdom,” was published in the Spring 2008 issue of the University of Minnesota Journal of International Law. The citation is 17 Minn. J. Int'l L. 247 (2008). It was recently listed on SSRN's Top Ten download list for European Economics: Labor & Social Conditions, and was also on SSRN's Top Ten download list for LSC: Labor Policy & Regulation. Professor Harthill also served as a mentor to a "New Scholar" at the 2008 annual meeting of the Southeastern Association of Law Schools (SEALS), held in West Palm Beach from July 27 to August 2, 2008. Professor Harthill was recently appointed to the Board of Directors of the Betty Griffin House in St. Johns County.The Betty Griffin House is a private, nonprofit agency that provides emergency shelter to abused women and their minor children and temporary shelter for rape victims in danger after the crime. COASTAL

In October, Dean Goplerud participated in the ABA Outcomes Conference in Chicago, serving as a panel moderator and on the event’s planning committee. In addition, he continues to serve as a member of the Jacksonville Human Rights Commission, and as a member of the Board of Directors of the Sports Lawyers Association.

Professor Mary Margaret Giannini Professor Giannini’s (right) article, “Equal Rights for Equal Rites?: Victim Allocution, Defendant Allocution and the Crime Victims’ Rights Act,” has just been published by the Yale Policy and Law Review, and is available at 26 Yale L. & Pol’y Rev. 431 (2008).

Professor Carolyn Herman Professor Herman was a panelist at the CLE seminar Hollywood to Hollywood:

Professor Nancy Hogshead-Makar

Professor Herb Jervis

Professor Hogshead-Makar (right) was inducted into the CoSIDA Academic All-America Hall of Fame on June 30, 2008, in Tampa, Florida, at the annual meeting of Sports Information Directors. She was Duke’s second athlete to be inducted, after NBA player Mike Gminski, ’80. Professor Nancy HogsheadMakar participated in the NCAA’s Women in College Sports Forum in Tampa, Florida, April 6, 2008. Her presentation, “Breaking Barriers Together: Lessons Learned from Successful Women in Athletics,” addressed sexual harassment, sexual orientation discrimination and retalia-

Adjunct Professor Jervis spent a part of the spring semester teaching at Cambridge University in its LLM program in international patent law. While there, he also made a presentation on the proposed changes to U.S. patent law to one of the large IP firms in London. Professor Jervis, along with two colleagues from the University of Iowa School of Law, has recently agreed to co-author a treatise on the intellectual property law of plants for Oxford University Press. The treatise is scheduled for publication in 2010.

Professor Rick Karcher Professor Karcher (left) has been retained as an expert witness in the case of Andy Oliver v. NCAA.

winter 2009

Dean/Professor C. Peter Goplerud

tion under Title IX, among other topics. Billionaire Sheila Johnson, president and managing partner of the WNBA Washington Mystics, spoke at the luncheon. Professor Hogshead-Makar participated on the NCAA’s 18th Annual Gender Equity and Issues Forum in Boston, April 27–29th.

Quinnipiac Law Review has just published Professor Durden’s new article, “Plain Language Textualism: Some Personal Predilections are More Equal than Others.” This is his second law review article published this year.

EASL at the Emmys, co-sponsored by the Entertainment, Arts & Sports Law Section of the Florida Bar and the Los Angeles County Entertainment Law Section. She discussed how to license music on the Internet. Her short paper “Licensing Music in the Digital Age” was included in the course book.

C o a s ta l l aw M a g a z i n e

Professor Stephen Durden

Professor David Pimentel

rofessor Pimentel delivered a presentation, "Child Protection Challenges in Southern Sudan:The Legacy of Culture & Conflict," at the International Human Rights Organization’s conference “The Rights of the Child” at the University of North Dakota School of Law last semester. He also spoke on “Achieving Justice in States Torn by War and Civil Turmoil” at the annual conference of the International Association for Court Administration at Dublin Castle, in Dublin, Ireland. He appeared alongside such luminaries in the field of post-conflict transitional justice as Judge Choucri Sader, director of the Institute of Judicial Studies in Lebanon, Judge Assad Mubarak, High Court of Palestine and member of the High Judicial Council in the West Bank, and the Honorable Tharcisse Karugarama, Minister of Justice and Attorney General of Rwanda and Chief Justice Medhat Mahmood of Iraq. Professor Pimentel’s newest article, “Reframing the Independence v. Accountability Debate: Using Judicial Structure to Foster Judges’ Courage and Integrity,” has been accepted for publication by the Cleveland State University Law Review. COASTAL

Professor Andrew Long Professor Long’s article “Standing & Consensus: Massachusetts v. EPA’s Globalism” was published by the Journal of Environmental Law & Litigation in May 2008. The article appeared several times on SSRN’s Top Ten recent download lists in the categories “DEV: Environment” and “IPE: Globalization.” He also blogs for “Biolaw: Law and the Life Sciences.” Professor Long is working with a team of environmental law professors coordinated by professors Zygmunt Plater, Eric Biber, Cynthia Drew, and Ed Lloyd to draft administrative comments on recently proposed changes to Endangered Species Act regulations. Professor Long’s portion of the comments addresses statutory interpretation and authority (step one of a Chevron v. NRDC analysis).

Professor Lynn McDowell Professor McDowell served as a member of a panel presentation that was one of the concurrent sessions at this month’s AALS Clinical Legal Education Conference in Tucson. The session addressed creating relevant classes for students in diverse externship placements. Professor McDowell accepted an invitation to be a member of the Legal Panel for the Northeast Florida chapter of the ACLU. The panel will review complaints submitted to the ACLU for possible action by the Board of Directors and will serve as a vehicle to foster

thoughtful discussion of civil liberty issues both locally and statewide.

Professor Sander Moody Professor Moody presented at the Southeast Association of Law Schools annual conference. He appeared on a panel that discussed issues related to the management of moot court programs. Over the last three years, Florida Coastal’s Moot Court program has won 10 tournaments and 28 best brief and best advocate awards.

Professor Karel Ourednik Professor Ourednik recently participated in the Lorman Education Service’s presentation on the new trust code in Florida. He provided an overview of the ethical and legal issues present in the creation and termination of Florida trusts with particular emphasis on the recent statutory alterations.

Professor Lucille Ponte Professor Ponte published an article “Coming Attractions: Opportunities and Challenges in Thwarting Global Movie Piracy” in a special global intellectual property issue of the American Business Law Journal (45 Am. Bus. L.J. 331 (Summer 2008)). The article critiques the current digital rights

management (DRM) regime and calls on the film industry to learn key lessons from the success of the “piracy business model” in order to reduce global copyright infringement. A social science version of the article will also appear as a chapter in the book The Global Challenge of Intellectual Property Rights (Elgar Publishing, December 2008). In July 2008, Professor Ponte also presented her current research “Preserving Creativity from Endless Digital Exploitation: Has the Time Come for the New Concept of Copyright Dilution?” at the Southeastern Association of Law Schools (SEALS) Annual Meeting in Palm Beach, Florida, as part of the New Scholars Workshop. The article discusses the international legal issue of moral rights for creative works and proposes a new legal theory of copyright dilution in the U.S. to protect such rights in an increasingly digital environment.

Professor Christopher Roederer Professor Roederer’s (left) paper “Developing the South African Law of Delict in Light of the Spirit, Purport and Objects of the South African Constitution’s Bill of Rights” was accepted by the Torts and Compensation Section of the AALS. It was presented at the January meeting of the AALS in San Diego on a panel

Professor Shannon’s essay “Responding to Summary Judgment” has just been published in 91 Marq. L. Rev. 815 (2008).

This summer, Professor Stinneford presented his paper, “The Original Meaning of ‘Unusual’: The Eighth Amendment as a Bar to Cruel Innovation,” at the Stanford/Yale Junior Faculty Forum, and, later, at the annual SEALS conference.

Professor Nareissa Smith

Professor Rod Sullivan

Professor Smith has volunteered to serve as SALT’s Law School Representative on the Coastal Law Campus. Professor Smith was also invited to be a

In June, Professor Sullivan (top) presented a paper to the Southeastern Admiralty Law Institute in

Professor Bradley Shannon

Professor Morse Tan Professor Tan (left) published his most recent article, “Upholding Human Rights in the Hemisphere: Casting Down Impunity Through the Inter-American Court of Human Rights,” in 43 Texas International Law Journal 2 (Spring 2008). COASTAL

New Faculty Appointments for 2008/09 Heidi Anderson

Marc McAllister

Lois Ragsdale

Visiting Assistant Professor of Law

Assistant Professor of Law

Assistant Professor of Professional Skills

Washington and Lee University School of Law JD; Duke University BA

University of Notre Dame Law School JD; DePauw University BA

Tulane University School of Law JD; Westhampton College, University of Richmond BA

Scott DeVito

Jana McCreary

David Simon

Assistant Professor of Law

Associate Professor of Lawyering Process

University of Connecticut School of Law JD; University of Rochester PhD Philosophy; Queens College BA Philosophy

Southern Methodist University Dedman School of Law LLM; Texas Wesleyan University School of Law JD; Texas A & M University BS in Psychology

University of Miami School of Law JD; The Dickinson College of Law 1996; University of Virginia BA

Karel Ourednik

Rod Sullivan

Mary Margaret Giannini

Visiting Assistant Professor of Law

Assistant Professor of Law

University of Florida Master of Laws; Ohio Northern University JD; State University of New York Master of Science; Brock University BS in Biological Sciences

Georgetown University Law Center LLM; Stetson University College of Law JD; United States Merchant Marine Academy BS

Indiana University School of Law JD; State University of New York LMS; University of St. Andrews, Scotland BA

Morse Tan

Itzchak Kornfeld

Benjamin Priester

Assistant Professor of Law

Visiting Assistant Professor of Law

Associate Professor of Law

The Hebrew University of Jerusalem LLM; Georgetown University Law Center (with distinction and Maimonides Scholar) JD; Tulane Law School (Public Interest Law Fellowship) School BSc and MA

Duke University School of Law JD; Harvard University AB

Northwestern University School of Law JD; Wheaton Graduate School MA; Wheaton College BA

Tonya Walker Alan Ragan

Andrew Long

Visiting Assistant Professor of Law

Assistant Professor of Law

University of Florida Levin College of Law LLM; Washington and Lee University School of Law JD; University of Maryland at Baltimore Graduate Studies; Salisbury University BS in Biology

New York University School of Law LLM; Willamette University College of Law JD 2003; Canisius College BA

Assistant Professor of Lawyering Process Florida State University College of Law JD; University of North Florida BS

WINTER 2009

Professor John Stinneford

Atlanta, Georgia entitled “Beyond LHWCA Compensation: Remedies for Maritime Workers and Defenses for Employers.” In September Professor Sullivan presented his paper “The Exxon Valdez Case and the Future of Punitive Damages in Admiralty Law” to the Admiralty Law Section of the Florida Bar in Tampa.

guest blogger on “The Faculty Lounge.” The Faculty Lounge is a blog focusing on law, politics, academia, and other topics of interest to law professors.

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discussing “Foreign Tort Law: Beyond Europe” and will be published in a symposium edition of the Arizona Journal of International and Comparative Law. Earlier this year Professor Roederer became a member of the Legal Panel for the ACLU’s Northeast Florida chapter to help review complaints submitted to the ACLU and to foster the fruitful discussion of civil liberty issues, both locally and in the region.

Alumni News HIGHLIGHTS, PROMOTIONS, AWARDS AND ACHIEVEMENTS

1999 Dear Colleagues: As my tenure comes to a close, I want to say how honored I am to have been able to serve you as Alumni Board President. Due to the hard work of your Alumni Board, much has been accomplished in the past two years. We have grown the board from 15 to 22 members, worked with the Alumni Relations office to introduce new social and networking opportunities through the monthly alumni socials, encouraged our colleagues in cities throughout the country to take an active leadership role in their communities, celebrated the school’s first alumni chapters – including two outside of Florida — and we anticipate meeting the goals set in our two-year strategic plan that ends in May 2009. Coastal Law has come a long way as an institution, and the outstanding success of Alumni Weekend 2008 is evidence of your enthusiasm and love for our alma mater and each other. More than 80 alumni participated in the two-day event, which featured CLE taught by faculty and alumni, a wonderful and entertaining banquet and reception, and fun family events. Look for details about Alumni Weekend 2009 in the mail and on the website very soon. It will be particularly exciting, as the classes of 1999 and 2004 will return for their tenth and fifth reunions. Finally, I encourage you all to take the time to read the notes from your friends and colleagues. In these pages, there is someone you know. Then, I encourage you to take the next step and give them a call. You can find them in your Alumni Online Directory. If you are not registered, take the time – it not only keeps you in contact with friends, it means business. Every week, the Alumni Relations office reports how many alumni seek to refer work around the state and country. I refer clients and work to alumni in other states on a regular basis. I do this all by looking folks up in the directory. Not only can you post your current contact information, but you can indicate practice areas and specialties and enter class notes as well. If you are already registered and see that some of your friends are not, call them and tell them to get registered. We continue to build upon past successes of the association and look ahead to new objectives this school year.

Best wishes, Jim Farah ’99

Wilhelmina Curtis is a solo attorney in Fort Lauderdale with a civil practice in the areas of construction law, wills and trusts, and some family law. Dr. Robert “Bob” McCann is planning to run in 2010 for Florida State Representative for District 67 (parts of Sarasota, Manatee, and Hillsborough Counties). Those interested in learning more will be able to check out his campaign website in February. Tara Sa’id continues working in-house for Liberty Mutual, handling all Florida appeals. She enjoys the job, and especially enjoys working with former classmate Cary Braswell, who handles mostly civil liability defense.

2000 Michael Quiggins is the managing attorney for the Tallahassee office of law firm Eraclides, Johns, Hall, Gelman, Johannessen & Goodman, where he practices workers’ compensation defense. He took over the Tallahassee office in 2004. Michael is married to Angela, and the couple has two sons, Carter, 4, and Kellen, 3.

2002 Odessa Alm, Coastal Law’s Director of Academic Success, participated on a panel entitled “Programs that Work” at the ABA’s

Jeff Humphries is now a shareholder with the O’Hara Law Firm in Jacksonville. John R. Green was immediately hired by the Panama City Public Defender’s Office, where he interned before graduating. He left and worked for one year with a real estate law firm and then started

Alumni Working in the Courts Name

Class Of

Court

Radhika Montgomery

1999

United States District Court, Middle District of Florida

Susanne Weisman

1999

United States District Court, Middle District of Florida

Annette Perry

2000

United States District Court, Southern District of Georgia

Debbie Clark

2000

United States District Court, Middle District of Florida

Kimberly Cromartie

2004

Florida Seventh Judicial Circuit Court

Luca Turci

2005

Florida Fourth Circuit Judicial Court

Carrie McClain

2006

Florida Fourth Circuit Judicial Court

Melissa Lierly

2006

Colorado Court of Appeals

Shelby Kellahan

2006

South Carolina Administrative Law Court

James Eidson

2007

United States District Court, Middle District of Florida

Kristin Dunmire

2007

Florida Third Circuit Court

Mara E. Hanley

2007

Superior Court of New Jersey

Patricia Horval

2007

Florida First District Court of Appeals

Aneta Mincheva

2008

United States District Court, Middle District of Florida

Christopher C. Koos

2008

Superior Court of New Jersey

Kristen Baker-Aho

2008

Florida Fourth Judicial Circuit Court

Richard Marshall

2008

Florida First District Court of Appeal

Todd Davis

2008

United States Court of Appeals for the Sixth Circuit

http://alumni.fcsl.edu to see if there is a chapter or events planned in your area.

Don’t see anything? Contact the Alumni Office to see about how you can get a chapter started. 904.256.1212 or fcslalumni@fcsl.edu. his own law firm. Now with two lawyers and five paralegals, the Law Firm of John R. Green, P.A., in Panama City, Florida, practices in many areas of law including business, real estate, trusts and estates, trademark and copyright, family law. The firm also maintains an extended criminal law division. The law firm provides extensive pro bono services, including legal representation for the Shaddai Shrine Temple and for the North Florida Landlord Association.

2004 R. Scott Clayton is with the law firm of Berry, Sahradnik, Kotzas & Benson in Toms River, New Jersey. He represents public governmental entities with a concentration in civil rights litigation and civil defense. Bethany Reich was recently appointed Assistant Dean of Academic Affairs at Coastal Law. She was previously the Assistant Director of Academic Success at the school.

2005 Pamela Simons is returning to Jacksonville after working two years as an assistant public defender in Baltimore, Maryland. She is working for the law firm of Kevin M. Cobbin, P.L., which focuses on criminal law, personal injury and family law.

WINTER 2009

Karen Millard was recently appointed

2003

Check the website at

Karen Haines, who resides in North Carolina, was promoted to Catawba County’s Human Resources Director, effective December 29.

to the position of Director of Pro Bono Services at Coastal Law. In addition to her new responsibilities, she will also continue in her role as Assistant Professor of Lawyering Process.

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Bar Exam Passage Conference in Chicago in October. She has also been invited to participate on a similar panel at the SEALS conference in August. As Director of Academic Success, Odessa is excited about the continued growth of the department (with five academic success counselors and a writing specialist) and the continuous improvement of the department’s programming.

Jason Spears practices aviation law as an in-house lobbyist for The Air Methods Corporation in Barboursville, WV. He also will be starting his own practice, hoping to be open by June 2009. The firm will specialize in criminal and civil law and government affairs. Maggie Jo Hilliard opened her own firm, Maggie Jo Hilliard, P.A, in Atlantic Beach, Florida. Jeff Miller was called to active duty by the U.S. Coast Guard in July 2008 and assigned to the Department of Justice to investigate and prosecute organized narcotics trafficking crimes in the Middle District of Florida. He currently serves as a Special Assistant U.S. Attorney in Tampa, Florida.

Todd Davis

CLASS OF

Your fellow alumni can’t refer you a case or invite you to an event if they don’t know where you are and what you are doing, so be sure to register with the Alumni Online Community. Sheree Darnell is currently working with the Anderson County Law Director in Clinton, Tennessee, and is on the Executive Board of Directors for Community Mediation Services, also located in Clinton. Gretchen Brantly, in one year as an assistant state attorney in Panama City, has taken 12 cases to trial. She works alongside Amanda Gatlin, who won her first misdemeanor trial and is currently prosecuting two felony cases; Sarah Konwinski, who has not lost a trial yet; Blair Daffin, who is highly respected throughout the local legal community for his diligence

2008

odd Davis, Coastal Law class of 2008, is a judicial clerk for Judge Eugene E. Siler, Jr., of the Sixth Circuit U.S. Court of Appeals. It’s an exciting job, Davis said, and one that demands he play an integral part for cases under appeal. “I read the appellate briefs from each side and then I’ll read the record of the case thus far,” Davis said. “I then draft a bench memorandum on the issues in the case and make a recommendation to the Judge as to how I think he should decide on the case. Later, we will travel to Court to hear oral arguments, and I will assist the Judge with any issues that may come up.” Davis said he finds his clerkship professionally gratifying, and credits his Coastal Law professors with helping him secure the position. “My Judge puts a great deal of emphasis on references in making his hiring decision, usually requiring at least three letters of recommendation. He even personally calls references to determine how well they actually know you,” Davis said. “The accessibility of my professors during law school allowed me to develop personal relationships with them outside of class.” And despite it being only his first year on the job, Davis said he is gaining valuable experience in the Sixth Circuit, which includes parts of Ohio, Kentucky,Tennessee, and Michigan, but also in other circuits across the country. “I am lucky to clerk for Judge Siler because he is one of the few Court of Appeals judges who travels to different circuits,” he said. “Judge Siler will often sit by designation in other circuits throughout the year.” This year alone, Davis said Siler plans to travel to the Third Circuit in Philadelphia, the Eleventh Circuit in Miami, and the Ninth Circuit in California. “Once oral arguments are heard and the case is decided,” he said, “I may have to write the initial draft of the Court’s opinion, and depending on the case, the opinion may be published and may even set new precedent.” COASTAL

http://alumni.fcsl.edu

and thoroughness in defending his clients; Ashley Sikes, who recently took a time out to raise her two children; and Joe Turner, who works with one of the best defense attorneys in town while holding his own in trial. All are Coastal Grads. Kathleen Campbell completed an LL.M. in International Law at the University of Houston Law Center on May 9, 2008. (See profile on page 27.) Keith Wilcutt has joined Coffman & Smith in Bowling Green, Kentucky, where he primarily oversees the Criminal and Domestic Relations practice. Rachel Compton is working at The Law Office of David B Sacks, Jacksonville. The firm primarily practices in employment litigation, including discrimination, wage and hour, sexual harassment, and the Family and Medical Leave Act. She is also starting an ERISA/long-term disability denial practice. Krista Parry recently accepted a position with The Coleman Law Firm, PLLC, in Jacksonville. Her areas of practice include estate planning, asset protection, elder law, probate, guardianship, and business law.

2007 Robert Riva, an associate in the Holland & Knight, LLP Jacksonville office, has earned accreditation from the U.S. Green Building Council and is now a Leadership in Energy and Environmental Design Accredited Professional (LEED AP). Sandra Perez is working at Walton Lantaff Schroeder & Carson LLP in Jacksonville.

Helen Fitzgerald is working as an Assistant District Attorney for the city of Philadelphia. Melanie Schneider recently relocated to Washington, DC. She is working for Steptoe & Johnson LLP in the litigation group.

Kathleen Campbell

In Memoriam Amy Louise Crawford, 2002, on Friday, May 30, 2008.

Domestic Partnerships Helen Fitzpatrick and Lindsey Perry, both from the class of 2008, received their

CLASS OF

Births 2004 alum Ruth McDonald, who practices at Hathaway & Reynolds PA in Ponte Vedra Beach, gave birth to a 6-lb, 7-oz baby in November. Jeff Nease, of Jeff Nease Esquire Title & Trust, Inc., in Jacksonville, FL, and his wife welcomed a baby in November.

Marriages Rob Riva, (left) class of 2007, and Caroline Gabsewics were married on June 28, 2008, in Jacksonville, Florida. COASTAL

2006

athleen Campbell, class of 2006, works in Houston,Texas, as in-house counsel to Baker Hughes, a global oilfield service company with operations in more than 90 countries. In her current position, Campbell, a Nebraska native, researches and writes policies on real estate transactions in high-risk countries, performs analysis of commercial agents in those countries, and makes payment or charitable contributions to communities where the company operates. She also developed and launched a training program in London geared to Baker Hughes employees who have interactions with oil officials to avoid bribery and corruption. “I don’t have a very typical day, every day is different,” Campbell said. “I handle everything from preparing document requests to getting people updated on anticorruption policies, foreign statutes, and corruption policies in Norway.” Heavy workload aside, Campbell said she currently sees herself as “a crusader against corruption.” “I do because I am totally immersed in fighting corruption from my desk here on the 23rd floor of the AIG Building in Houston,” she said. “It’s a battle because in many countries, bribes are tax-deductible. It’s definitely a problem.” And on landing a job she loves? Campbell gives credit in large part to her experiences at Coastal Law. “There were so many professors who influenced me, who were inspirational, and provided the best role model in terms of ethics and achievement that inspired me to continue my education and increase my knowledge of the law,” she said. “And I was so well prepared to take the bar, even though I wasn’t a Texas law school grad and didn’t know the Texas-specific laws. I was very adequately prepared to pass any bar.” COASTAL

WINTER 2009

Todd Davis recently began working as a Judicial Law Clerk for the Honorable Eugene E. Siler, Jr., a U.S. Court of Appeals Judge for the Sixth Circuit. The position is in London, Kentucky, near his hometown of Corbin. He plans on returning to Florida to practice law at the end of his term, which will be in September 2009. (See profile on page 26.)

domestic partnership certificate this fall. They are living in Philadelphia, Pa.

2008

Dr. Glenn Knox is serving this year as President of the Duval County Medical Society. Knox is an ear, nose and throat surgeon in private practice in Jacksonville. He is an expert on hearing loss, tinnitus, and dizziness. He notes that his legal training has been very useful in his organized medicine activities. It is also very helpful when he sends medical reports and expert opinions to other attorneys.

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Charles Brown recently became an associate at Crabtree and Fallar in Jacksonville, where he practices commercial residential real estate litigation

SnapShots C O A S TA L

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ROUNDUP

Coastal Law professor Stephen Durden with Coastal Law charter alumna Susanne Weisman, United States Middle District of Florida, at the third annual Starting Line networking reception for first-year students.

Jacksonville Bar president Joe Camerlengo of Camerlengo Brockwell with Coastal Law students John Grandelli, Megan Halktis, and Kimberly Luckey at the third annual Starting Line networking reception for first-year students.

Coastal Law student Amber Hill with incoming Coastal Law alumni board president Michael Orr of Marshall, Dennehey, Warner, Coleman & Goggin at the third annual Starting Line networking reception for first-year students. Jermane Wright, â&#x20AC;&#x2122;05, and Marcus Boston, â&#x20AC;&#x2122;05, at the first Atlanta Chapter meeting of the Coastal Law Alumni Association.

Coastal Law Alums Eric Whaley, Judi Setzer, Imani Boykin, and Vince Vajda.

Coastal Law Alums Jason Gropper, Matt Havice, and Lindsay Tygart, Alumni Weekend 2008.

Coastal Law Alums Renee Maxey, Rachel Compton, and Cory Simmons, Alumni Weekend 2008.

Jarahn Newman served as emcee of the Alumni Weekend 2008 evening reception.

Coastal Alumni John Duffy III, ’05, Abigail Scudder, ’06, Jason Hall, ’06, Shelby Kellahan, ’06, Edward Phipps, ’01, Ravi Sanyal, ’99, at the first meeting of the Coastal Law South Carolina Alumni Chapter.

Coastal Law student Brent Hicks; John Knechtle, Professor of Law and Director of Coastal Law’s International Programs; Miriam Samaru, principal of Eugene Depuch Law School in Nassau, Bahamas; and Coastal Law student Paulette Lawrence at the American Caribbean Law Initiative reception in November.

Professor Roger Groves; Carol Aina, senior Tutor from Norman Manley Law School in Jamaica; and Professor Cleveland Ferguson at the American Caribbean Law Initiative reception in November.

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Coastal Law students Angela Sigman, Lynne Davis, Suzanne Decopain, from the Coastal Law Annual Volunteer Conference.

W I N T E R 2 0 0 98

Q&A A

C O N V E R S AT I O N W I T H

C O A S TA L

EET ELLEN SEFTON, DIRECTOR of Coastal Law’s Career Services Department. The goal of the CSD is to develop strategies that are designed to help Coastal Law students and alumni find the “right” job. They do this through individual student and alumni counseling, informative panels, presentations and events, and by creating and implementing business development strategies designed to positively influence the legal employment community about Coastal Law students and the school itself. Ellen’s role is to oversee the strategic direction of the department and to manage its activities.

What unique approaches would you say your department takes in preparing Coastal Law students for successful legal careers?

LAW’S

ELLEN

SEFTON

What are your long-term goals for your department?

Our long-term goal pertains to expanding our employment market. Each of our counselors, my associate director, and I have been assigned an area in which we are responsible for strategic development, including large/mid-sized firms and large firms, small/mid-sized and small firms, government and public interest jobs, diversity hiring, judicial clerkships and alternative careers, and in-house counsel. We create and put into practice a specific business development plan for each area. For instance, this past summer, Renee Alten in our office visited more than 120 small/mid-sized and small firms to educate them about our law school and encourage them to participate in our on-campus interview program.

What is your proudest achievement since arriving at Coastal Law in 2006?

It is my understanding that the extensive time we dedicate to each student/alumni counseling session is somewhat unique. It is a department standard to meet with each student/alumni for at least one hour during their initial session, and we encourage students/alumni to use our services as often and as much as they deem necessary. In addition, we allow our students and alumni to select the counselor with whom they feel the most comfort developing a relationship. The counselor/client relationship is very personal, and we believe more successful when the two people involved enjoy working with one another.

Clearly, I am most proud of the team that we have created. We are very lucky to have an extremely dedicated and knowledgeable staff in the Career Services Department. All of our counselors are not only lawyers, but they also have experience in career services. Everyone on the team has gone the “extra mile” to provide our students with extraordinary customer service. As a team, we care deeply about one another and feel committed to our goals. Our department is a fun place to work and (we hope) a helpful place for students and alumni to seek assistance.

I cannot say that I was surprised, but I can say that I have been very impressed with the work ethic and attitude of our students. I have yet to meet with a student unwilling to work hard to find a job and then do what it takes to be successful in it. At Florida Coastal, our students and alumni are accustomed to working hard to earn what they achieve. More important, employers frequently comment to me about the wonderful work ethic and attitude of our students and alumni.

My major in undergraduate school was painting. I worked in oils and particularly liked doing life studies. A few years ago, I wrote and illustrated a children’s book called The Kids at My House. It is the story of a group of slightly neurotic stuffed animals that I adopted through the years. I started a second book using the characters in the first, but have not completed it as of yet. I also enjoy decorating my house and SHOPPING. As far as I am concerned, there is nothing more creative than a day going through wonderful stores. COASTAL

Seeing as you have worked for both law firms and other institutions of higher learning, did anything surprise you about your experiences with Coastal Law students?

Lastly, you have a degree in art. In what medium do you work, and do you ever return to it in your spare time?

Passion. The Florida Coastal School of Law Foundation is a nonprofit organization that makes a difference in the lives of our students and the communities where they will practice. With financial contributions from alumni, members of the legal community, and corporations, The Coastal Law Foundation supports scholarships and loan repayment assistance programs that allow our students to pursue their passion for public service.

LAW

F L O R I D A

COASTAL

SCHOOL OF

F O U N D AT I O N 8787 Baypine Road Jacksonville, Florida 32256 904.256.1212 foundation@fcsl.edu www.fcsl.edu/foundation Marty H. Barnes Class of 2008 Portsmouth, Virginia

k e end e W i n

,2 009

Alum

e t a D e h t e v SaOct 22ober

Join us for the first-ever reunion weekend for the classes of 1999 and 2004, who will commemorate their 10th and 5th anniversaries, respectively. All classes are invited to celebrate Alumni Weekend 2009. We are looking for class representatives, especially from the classes of 1999 and 2004, to help us plan Alumni Weekend 2009. To volunteer, please call the Coastal Law Alumni Relations Office at 904.256.1212 or email fcslalumni@fcsl.edu.

Look for more details on activities & scheduling to be announced soon!

Presorted Standard U.S. Postage

PAID Jacksonville, FL Permit #610

8787 Baypine Road Jacksonville, Florida 32256 www.fcsl.edu