April 14, 2014 | Volume XXI, Issue 14

News Briefs

Published: August 15th, 2013

Category: News Briefs

Graduate Tax Program hosts first fall enrichment speaker Aug. 23

The UF Law Graduate Tax Program will welcome Peter J. Genz (JD 80), a partner at King & Spaulding in Atlanta, Friday, Aug. 23, at 11 a.m. to discuss “Tips From an Old Codger on How to Succeed in Tax Law Practice and Avoid Living in a Van Down by the River.” The event in the Chesterfield Smith Ceremonial Classroom, HOL 180, is part of an ongoing enrichment speaker series, featuring some of the leading tax lawyers in the nation.

Royalties in standard-setting organizations at Heath Lecture

Dennis Carlton, the David McDaniel Keller Professor of Economics at the University of Chicago Booth School of Business, will deliver the fifth annual Bayard Wickliffe Heath Memorial Lecture at the University of Florida Levin College of Law.

Carlton’s presentation, “How Should Royalties be Determined in Standard-Setting Organizations?” will be Sept. 11, at 11 a.m. in the Martin H. Levin Advocacy Center. The event is free and open to the public.

Standard-setting organizations, such as the International Telecommunications Union, must establish standard technologies so that high-tech products are able to exchange and use information. One example is the Wi-Fi standard for local wireless networks, established by the Institute of Electrical and Electronics Engineers. If standard-setting organizations include patented technology in the standard, they typically require that the patent holder license standardized technology to everyone for a “fair, reasonable, and non-discriminatory,” or FRAND royalty. Nevertheless, holders of standards-essential patents often gain substantial monopoly power, which they sometimes use to “hold up” firms that adopt the standard.

High technology companies, including Microsoft, Motorola, Apple and Samsung have frequently met in high-stakes litigation over the FRAND requirement for their products.

Carlton will explain how economics can help courts and parties understand the FRAND requirement.

The Heath Memorial Lecture Series is made possible by a gift from Inez Heath, Ph.D., widow of Bayard “Wick” Heath. Before his death in 2008, Heath was the senior competition consultant with Info Tech, a Gainesville firm specializing in statistical and econometric consulting, expert witness testimony and antitrust law. Previous lecturers include Herbert Hovenkamp, William Kovacic and Joseph Harrington.

Commemorating 50 years of the right to counsel at UF Law

A criminal defendant’s right to counsel is often taken for granted in today’s justice system, but until 50 years ago that right was not guaranteed. It wasn’t until the landmark U.S. Supreme Court decision in Gideon v. Wainwright that courts were required to provide counsel for those who could not afford their own attorneys.

The University of Florida Levin College of Law’s Criminal Justice Center will commemorate the 50th anniversary of this important ruling with “The Right to Counsel, 50 Years Later: From Gideon v. Wainwright to The Public Defender v. State of Florida.” The presentation, honoring UF Law Professor Emeritus Fletcher Baldwin’s 50 years of teaching, will be Sept. 19 in the Martin H. Levin Advocacy Center courtroom, noon-3 p.m. It is free and open to the public.

Speakers will include Paul Rashkind, supervisory assistant federal public defender for the Southern District of Florida, and Carlos Martinez, public defender for the 11th Judicial Circuit of Florida. The keynote speaker will be Bruce Jacob, dean emeritus and professor of law at Stetson University College of Law. Jacob argued against Gideon for the state of Florida in Gideon v. Wainwright in 1963.

The speakers will provide a historical review of the Gideon case and look at the right to counsel for indigent defendants both past and present.

Restatement of International Sales Law Conference in St. Augustine

An international law conference entitled “Restatement of International Sales Law” is being held in St. Augustine, Fla., Sept. 27-28. The conference is sponsored by the UF Levin College of Law, Warrington College of Business Administration, the Center for International Business Education & Research, and the University of Florida’s Department of Research.

Participants will present summaries of major areas of international sales law. The main outcome of the meeting will be to establish a framework for writing the definitive treatise on the law of international sales transactions. The treatise will be scholarly in nature and practice focused. It will be descriptive and prescriptive such as the case of the American Restatements. The goal of the meeting is to begin work on a single-volume treatise covering a comprehensive sales law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will be used as a starting point. 

The participants come from seven countries equally split between civil and common law jurisdictions, along with a representative from a mixed jurisdiction country. The participants include: Michael Bridge (United Kingdom, London School of Economics); Petra Butler (New Zealand, Victoria Wellington University); Larry DiMatteo (USA, University of Florida); Sieg Eiselen (South Africa, University of South Africa); Harry Flechtner (USA, University of Pittsburgh); Rafael Illescas Ortiz (Spain, Universidad Carlos III de Madrid); André Janssen (Germany, European Center for Private Law); Ulrich Magnus (Germany, University of Hamburg and Max-Planck Institute for International Private Law); Reiner Schulze (Germany, University of Münster); Lisa Spagnolo (Australia, Monash University); and Qi “George” Zhou (United Kingdom, University of Leeds). Also in Attendance will be Wentong Zheng (USA, UF Law professor)  and Claire Germaine (USA, UF Law professor and associate dean for Legal Information).

Anyone interested in observing the proceedings should contact Larry DiMatteo at larry.dimatteo@cba.ufl.edu.

UF Law class lectures honor Justice Overton

Four Florida Supreme Court justices will provide lectures this fall in Professor Jon Mills’ Florida Constitutional Law course to honor the late Justice Ben Overton’s (JD 52) legal career and service as a professor at UF law. The lectures are the inaugural series in the Overton Lectures in Florida Constitutional Law, a new program initiated by friends and colleagues of Overton. Participating in the fall lectures are: Justice Jorge Labarga (JD 79), Sept. 23; Justice Barbara Pariente, Sept. 30; Justice Fred Lewis, Oct. 28; and Justice Charles Canady, Nov. 18. In addition to UF law students who are enrolled in Florida Constitutional Law, the Overton Lectures will be open to UF Law faculty and students.

“This is a wonderful way to honor our good friend Justice Overton, and I know he would be very pleased with this initiative,” said Dean Robert Jerry.

“Florida Constitutional Law students will have a special educational opportunity to learn from these four Supreme Court justices. Their collective knowledge and professional experiences will provide a learning event unlike any other,” said Mills, dean emeritus and director of the Center for Governmental Responsibility. “Justice Overton was a personal friend and mentor of mine, so I am especially honored to be selected to include the Overton Lectures in my course.”

Pariente, who helped initiate the concept of the Overton Lectures, recalled Overton, “I was privileged to serve with Overton when I was first appointed to the Supreme Court in 1998. After he retired from the court, our association continued especially when he would bring his Florida Constitutional Law class to hear an oral argument and have students engage in conversations with the members of the court,” Pariente said. “He was always so proud of the subjects each of the students chose on an aspect of Florida constitutional law.”

“Overton was above all a staunch defender of the Supreme Court of Florida. I can think of no better tribute to Overton and his devotion to teaching Florida constitutional law than the dedication of these lectures in his memory. I am thrilled to participate, as are my colleagues!”

Continuing Overton’s traditions, Mills will take his class to visit the Florida Supreme Court during the fall semester.

The justices will lecture on topics ranging from Supreme Court jurisdiction to reapportionment. Florida Constitutional Law will meet at 3 p.m. in the Martin H. Levin Advocacy Center.

Overton died in December 2012, while still serving as a UF Law professor. He was appointed to the Florida Supreme Court in 1974 by former Gov. Reubin Askew (JD 56). He retired after 25 years on the court, leading it to sweeping reforms and authoring more than 1,400 opinions. He served as chief justice from 1976 to 1978. He is a graduate of UF law and served as St. Petersburg city attorney,  special assistant attorney general, and was in private practice before becoming Pinellas County circuit judge, eventually rising to chief judge.

UF Law students win 2013 Guy Harvey Ocean Foundation student scholarship

UF Law students Alexis Segal (LL.M.ELUL – 13) and Caitlin Pomerance (3L) were awarded a 2013 Guy Harvey Ocean Foundation student scholarship in the amount of $5,000 for their UF Law Conservation Clinic project assisting the Ocean Crest Alliance with the creation of a marine protected area in the Bahamas on Long Island. Their scholarship will fund travel and ensure continued clinic participation in MPA design, fisheries management and stakeholder engagement activities associated with the proposed Long Island Marine Management Area. The Bahamas National Trust, a quasi-governmental entity, recently “officialized” the citizen driven proposal by including it on a government list for consideration in the Caribbean Challenge, a regional initiative supported by the Global Environmental Facility (World Bank) designed to increase the percentage of MPA’s to 20 percent of each Caribbean nation’s waters. The clinic became involved with the project through a referral from UF Law Environmental and Land Use Law and clinic alum John November (JD 09).

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