COASTAL LAWM A G A Z I N E

Defining states’ rights on dormant treaty power

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CastingOne Voice:

CastingOne Voice:

Defining states’ rights on dormant treaty power.

Dear Alumni and Colleagues, and Friends,

Welcome to the premier issue of Coastal Law Magazine, the publication of FloridaCoastal School of Law.

The school’s 12th year was an outstanding one, highlighted by numerous mile-stones, including the debut of this very publication.We welcomed 565 1Ls this falland another 88 in January.We also received news of an 84.4 percent pass rate forthe July Florida Bar Examination, and a more than 85 percent pass rate forFebruary. Both pass rates set records for Coastal Law graduates.

And, as chronicled elsewhere in this issue, Coastal teams prevailed in moot courtcompetitions sponsored by the Chicago Bar Association and the Florida Bar. Inaddition, our Jessup International Law team won the Southeast Regional competi-tion for the third year in a row.

Our goal for Coastal Law Magazine, which will be published twice a year, is toinform our readers about school successes, events, faculty appointments, andalumni news.We will also offer analysis and insight into the most current anddynamic legal issues of the day through pieces written by Coastal Law faculty.

Our cover story this issue,“Casting One Voice: Defining states’ rights on dormanttreaty power,” in addition to providing an examination of current constitutionalissues, provides an introduction to Coastal Law’s international and comparativeprograms.We also introduce you to some key faculty members with expertiseand interest in the international arena, as well as the student organizations, andlegal clinics that support our global perspectives.

The Florida Coastal School of Law Alumni Board of Directors, now 22 membersstrong, has been hard at work this year. I invite you to learn how you can helpand participate in this growing association. Look for more information about theboard and the new Florida Coastal School of Law Foundation on our websiteand in upcoming publications.

On a final note, October 17 and 18 marks our 3nd annual Alumni Weekend.A “save the date” notice is elsewhere in this issue and further details will beforthcoming soon.

I wish you all a great summer and invite you to spend some time at our campus.

C. Peter Goplerud III, Dean and Professor of Law

Welcome toCoastal Law

C. Peter Goplerud III

International Perspectives and Curriculum

I S S U E F O C U S

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COVER STORY

8 Casting One VoiceBy Associate Professor Cleveland Ferguson IIIDefining states’ rights on dormant treaty power

PERSPECTIVES

14 International CurriculumThe world view of Coastal Law’s global approaches

IN PRACTICE

18 Alumna Lands OverseasRachel L. Williams, ’07, defends humanrights in The Hague

D E PA R T M E N T S

14

5 Save the Date Important events for alumsand students

6 News and EventsCoastal Law achievements,appointments, and programs

19 Everyday EthicsImportance of civility extendsbeyond your client

20 Student NewsCompetitive team wins,and campus-wide events and projects

22 Faculty NewsPublications, achievements andpresentations

25 Alumni News and SpotlightsCoastal Law AlumniAssociation highlights, and thepersonal and professionalmilestones of former students

30 Q & AMeet Emily Tracy, CoastalLaw’s Development ProgramsManager

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IntraCoastalSPRING 2008 VOL. 1, NO. 1

18

PUBLISHER:

C. Peter Goplerud III, Dean and Professor of Law

EDITOR:

J. Brooks Terry, Director of Marketing and Communications

MANAGING EDITOR:

Margaret Widman Dees, Director of Institutional Advancement

CONTRIBUTORS:Associate Professor Cleveland Ferguson III

Professor John KnechtleVice Dean and Associate Professor of Law Teresa Heekin Davlantes

DESIGN AND PRODUCTION:BroadBased Communications, Inc.

PHOTOGRAPHY:Curtis Bryant Loftis

Jim LaBranche

MAIN NUMBER904.680.7700

ADMISSIONS904.680.7710

admissions@fcsl.edu

ALUMNI904.256.1212

fcslalumni@fcsl.edu

MARKETINGAND COMMUNICATIONS

904.680.7730bterry@fcsl.edu

REGISTRAR

904.680.7631registrar@fcsl.edu

INSTITUTIONAL ADVANCEMENT

904.680.7649mdees@fcsl.edu

Robert M. Rhodes, ChairFoley & Lardner LLP

Audrey McKibbin Moran President and Chief Executive Officer

The Sulzbacher Center

Barbara “Babs” Strickland The Suddath Companies

Henry M. Coxe IIIBedell, Dittmar, DeVault, Pillans & Coxe, P.A.

Paul I. Perez Executive Vice President and Chief Compliance Officer

Fidelity National Title Group, Inc.

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

Florida Coastal School of LawBoard of Advisors

COASTAL LAWSPRING 2008 VOL. 1, NO. 1

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

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O U R C A L E N D A R O F U P C O M I N G E V E N T S

Save the DateJune 19Coastal Law Alumni Reception - Florida Bar Annual Meeting (Boca Raton)

July 24-28Circuit Civil Mediation Training Seminar

July 30-August 1Successful Appellate Advocacy Workshop

October 17-18Alumni Weekend

November 6-7Environmental Law Summit 2008 – Jacksonville University Campus

November 13Career Services Department Starting Line Reception for 1Ls

A C A M P U S - W I D E R O U N D U P O F H A P P E N I N G S A N D A C T I V I T I E S

News & Events

Coastal Law’s new Dean of Student Affairs mayhave not taken the most conventional path tothe school, but Tom Taggart said he couldn’t be

happier with his choice to come aboard this year.An Ohio native,Taggart relocated to

Jacksonville more than 20 years ago after takingan engineering job only a few blocks fromCoastal Law’s current campus.While there, heserved in a variety of capacities, from improvingcustomer service policies to helping plan andexecute team building exercises.

“But I would have to say that for this positionI drew heavily from my experiences with theBoy Scouts, and also other volunteer work I’ve

done,” said Taggart, who also volunteers as coach andyouth counselor.“I never thought I’d be doing this, but asmy career evolved over the years, I really began to appre-

ciate being able to work with individuals in helping themachieve their goals, having a positive impact on their lives.”

A father of two,Taggart said he most enjoys meetingwith students and, ultimately, helping them makethe most of their Coastal Law experiences.

“The school is a great environment where youcan feel comfortable bringing in new ideas,” hesaid.“As soon as I arrived I couldn’t help butnotice how well everyone - faculty, staff, and stu-dents - worked together as team.

“This is a wonderful opportunity.”To reach Dean Taggart email him at

ttaggart@fcsl.edu. COASTAL

School Welcomes New Assistant Dean

IT WAS A BANNER BAR PASS YEARfor Florida Coastal School of Law gradu-

ates. First time takers from the school con-tinued to shatter Coastal Law records, firstpassing at a rate of 84.4 percent in July 2007,and most recently at 85.2 percent inFebruary 2008.

The latter pass rate, which was almost ninepoints higher than the state average, put

Coastal Law at arespectable third amongFlorida’s 10 law schoolsbehind only historical lead-ers Florida State Universityand University of Florida.

“We believe in continu-ous improvement, and thesegroups really embody that,”said Coastal Law DeanPeter Goplerud during theApril swearing in ceremonyat the United StatesCourthouse in downtownJacksonville. “The entire

school couldn’t be more proud.”Of the February results, Bethany Reich,

assistant director of Academic Success atCoastal Law, said most students studiedthrough their Christmas break and many eventook advantage of the school’s advancedFlorida Bar studies class, which focuses onessay writing and studying for the Bar exam.

According to Reich, more than half of the

graduates taking the Bar in February enrolledin advanced Florida Bar studies.

“And of the 61 test takers, about 45 or 50were enrolled in that class. I think that made adifference,” she said.

Odessa Alm, director of Academic Success,said even with the additional preparation, thestudents polled after the exam still had no wayto judge how well they performed.

“The students pretty much say the samething,” Alm said. “They’re not really sure howthey did, but they feel like they were preparedin every way they can be. We really do careabout those scores. We take everything we’velearned over years, and we’re going to try andchange things and make it better.”

Reich agreed.“Our preparation for the Bar starts from

day one, and that will remain paramount toour continued success,” she said. “If Florida orFlorida State can perform a certain way onthe exam, there’s no reason Coastal Law can’tdo even better. Our goal is to continuouslyimprove.” COASTAL

Coastal Law 2007/2008 Bar Pass Makes School History

In April, Coastal Law graduates were sworn in at the UnitedStates Courthouse in Jacksonville.

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AS COMMERCE AND COMMUNICATIONS BECOMEmore globalized, Coastal Law’s influence continues to

grow in tow.In addition to offering an international and

comparative law certificate program, the schoolintroduced its first ABA-approved study abroadprogram in late 2007, to be held at the Universityof Auvergne in Clermont-Ferrand, France fromMay 25 - June 27, 2008.

Kathy Hartland, assistant professor at FloridaCoastal, who also serves as director for the studyabroad program, said school faculty members andadministrators saw a need for launching a Coastal program afterstudents continued to enroll in study abroad programs hosted byother law schools.

“This has been one of our goals for some time and, ultimately,we always want to be able to give our students what they need,”she said.

As part of the program this year, there will be four professors –two from Coastal Law and two from the University of Auvergne –

teaching courses with an international or comparative law focus.From Coastal Law, Cleveland Ferguson III will teach

“Comparative Approaches to the Enforcement of Human Rights,”and Professor Rick Karcher will teach “International Sports Law”.

University of Auvergne Professor Jean Stoufflet will teach“French Business Law,” and Dr. Marie ElizabethBaudoin will teach “European Union Law”.

All classes will be taught in English and eachyear Coastal Law will rotate professors.

Hartland said the program is geared towardsfirst-year law students, because many second-yearlaw students are trying to find internships at firmswhere they’d like to work after graduation.

“This program allows students to earn someextra credits in the summer,” she said. “They will

also have a multi-cultural experience. They could still come backand work for a firm or ( Jacksonville Area) Legal Aid until classesstart again.”

Hartland said when she went to law school in 1994, she partic-ipated in an exchange program that was also in France.

“It was absolutely beneficial in so many ways,” she said. “I stillhave contacts from the program that I went through, and oppor-tunities like that are invaluable.” COASTAL

ABA Approves Study-in-France Program

In October, more than 100 attor-neys, scientists, engineers, profes-sors, students, and local citizens

came together to discuss one thingat Coastal Law: how they can allwork together to fight the impacts ofsea level rise.

The summit, hosted by Coastal Lawand Jacksonville University, covered anissue that has been making headlinesboth locally and nationally.According tothe panelists, the summit’s topic —“Rising to the Challenge: Mitigation andAdaptation Strategies to Combat theImpacts of Sea Level Rise” — is espe-cially timely in Northeast Florida.

“Our goal is to raise awareness of the

issues that are affecting us inNortheast Florida and evennationally,” said RandallAbate, assistant professor atFlorida Coastal and co-organ-izer of the event.“We wantto examine why the sea levelis rising and how it relates tothe growing climate change.”

In Northeast Florida,Abate said some of themajor issues are beach ero-

sion, the impacts on marine wildlifeand the impact on coastal properties.

“South Ponte Vedra Beach has beenhit very hard,” he said.“That area alonehas involved a lot of federal, state andlocal responses.”

To speak specifically onbeach erosion, the sum-mit’s luncheon keynotespeaker was Dr. OrrinPilkey (left), James B. DukeProfessor Emeritus of

Geology, Earth and Ocean Sciences atDuke University. Pilkey is known nation-wide for his expertise on beach erosion.Much of his research has focused onbasic and applied coastal geology.

“Things like this (the summit) arevery important in getting the pointacross,” said Pilkey.“It gives us an oppor-tunity to speak to attorneys and that iswhat we have been needing to do.”

The closing keynotespeaker, Robin KundisCraig (left), professor atFlorida State UniversityCollege of Law, broughttogether the different

themes from the entire day and howeach panel is related. Her primary areaof expertise is the Clean Water Act, butshe also teaches a variety of environ-mental law classes.

The City of Jacksonville’sEnvironmental Quality Division, JEA andthe North Florida Land Trust all hadinformational booths set up for the sum-mit’s attendees.

Abate said they probably won’t beginplanning next fall’s summit until March,but he does have an idea for a topic.

“The water transfer issue we are see-ing right now,” said Abate.“Atlanta isdealing with it and South Florida is talk-ing about taking water from the St.Johns River.” COASTAL

Environmental Law Summit Draws Large Numbers

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In the five years before the formation of the United StatesConstitution, states secured their individual interests in theSecond Continental Congress through their delegates,exploiting the Articles of Confederation for their own ends.

The Congress was unicameral and day-to-day decisions weremade by committees. For example, the Articles called for the exer-cise of treaty power through treaty committees. In practice, thesecommittees frustrated national interests in a variety of areas.

Treaty committees wrangled over property rights and naviga-tion rights of the Mississippi River with the Spanish Empire2, andindividual legislatures widened an ever-increasing North vs. Southdivide3 by supporting certain British positions at the expense ofother states who cobbled together their own unions4 and confed-eracies.5 George Washington lamented, “We are one nation todayand 13 tomorrow. Who will treat with us on such terms?”6 Thus,there became an evident need to create a stronger source of law forthe new nation.

By replacing the Articles with the United States Constitution,the people could grant enumerated authority to a central federalgovernment, equalize power between the states at the federal levelby creating the House of Representatives and the Senate, regulatetrade between the states, and speak with unified national voice. Byquieting the individual voices of the states, the new nation couldavoid sending mixed signals in foreign relations and better securetheir rights. Arguably this was accomplished.

Nevertheless, today these clauses are challenged by such actionsas state governors and local officials concluding trade missionswith foreign governments, state legislatures refusing to allow recip-rocal inheritance for non U.S. citizens, passing resolutions con-demning the policies of certain nations, and creating decidedly iso-lationist policies against foreign businesses within their boundaries,many times without the consent or coordination of the federalgovernment.

Their actions raise the question: How successful is theConstitution in unifying the states through the formation of foreign relations and treaty power policies?

‘Federalizing’ State Voices Through the Constitution

With the passionate urgings of Framers like James Madison7

and Alexander Hamilton8, two concepts were included in theConstitution to establish a baseline to quash any doubt in dealing

with the U.S. and treaty power:“[H]e shall have power, by and with the advice and consent of

the Senate, to make treaties, provided two thirds of the Senatepresent concur;….”9

“This Constitution, and the laws of the United States whichshall be made in pursuance thereof, and all Treaties made, orwhich shall be made, under the authority under the United States,shall be the supreme law of the land.”10

An additional resolution to the treaty power question was theFramers’ inclusion of Article I, Section 10. It barred states fromentering into “any Treaty, Alliance, or Confederation…” on theirown. Instead states could affect treaty making under the TreatyClause, Article II, Section 2 through their federal representation.This is an independently delegated power by which the presidentand the United States Senate may make law. As a result, statescould still secure their positions—their rights—through their rep-resentatives and the integrity of the nation’s voice would not besupplanted at the same time.

The Framers also provided language to ensure that ratifiedtreaties had specific application in domestic law as well. UnderArticle VI, the Supremacy Clause,

“This Constitution, and the Laws of the United States whichshall be made in pursuance thereof; and all Treaties made, or whichshall be made, under the Authority of the United States, shall be thesupreme Law of the Land; and the Judges in every State shall bebound thereby….”

Congress could now make law under the Article I process andthe president and the Senate under Article II, and the courts wererequired to enforce both, assuming constitutionality.

The enumerated authority vertically separated these powers andplaced them at the federal level. This authority made dormant theprevious ability the states had under the Articles of Confederation.

C O V E R S T O RY

Defining states’ rights on dormant treaty power.

Voice:9

CastingOneBY ASSOCIATE PROFESSOR CLEVELAND FERGUSON III1

Given the specific enumeration by the Framers of Article II, sec-tion 2 states do not have the constitutional authority to act inderogation of the executive and legislative branch power to maketreaties. Therefore any state actions on these types of issues arepreempted unless otherwise stated or reserved.

Arguably then, these clauses – vesting treaty making power inthe political, federal branches of government, identifying treaty lawas on par with other federal law, and requiring that courts enforcetreaties accordingly – should have settled the matter in favor ofexclusive federal action.

The treaty clause is short and specific. The president has an inde-pendent and substantive authority to negotiate on behalf of theUnited States and that negotiation must be ultimately ratified by theUnited States Senate to have binding effect, within the UnitedStates of America. So the question becomes, by not providing a rolefor states in this clause,their activities must be sub-ordinate to those of thepresident and the UnitedStates Senate.11 Article II,section 2 of the UnitedStates Constitution is anindependent delegatedpower to create federal law.This is separate from anylegislation that would becreated under Article I,12

but since this power isspecifically enumerated, it isseparate and distinct fromthe power to make law.

Pursuant to theSupremacy Clause, treatiesenjoy the same status ascongressional sponsoredlegislation.13 Therefore likeall other forms of federallaw and the law made bythe state, which is inconsis-tent will be preempted.14

Therefore judges in every state must give effect15 to treaties with-out regard to the laws of the state in which they are adjudicatingthe claim.16 What is more, reading this Clause in para materia withthe Treaty Clause, the next question becomes whether the presi-dent has preeminent power to assemble the diplomats to do thenegotiations that result in his or her signature on a document thatis to become a treaty prior to ratification? This brings the issue ofvertical separation of powers.

Importantly, the Framers put the president of the United Statesand Congress – in particular, the United States Senate – to worktogether on foreign affairs without interference from the states.Therefore, when the Framers drafted the Constitution theSupremacy Clause in relation to the Treaty Clause it granted thefederal government exclusive province over those issues whichneed a uniform, national approach.17 Treaty law being international

law first, domestic law second18 is nevertheless imbued with thedignity of federal law. States must therefore abide by it. Thereforeany state actions involving these types of issues are preempted.States authority then is said to be dormant.

The Courts’Treatment of Article II Treaty Power: Missouri v. Holland and the New Federalism

Historically, in 1796, the United States Supreme Court actuallystated that “every treaty made, by the authority of the UnitedStates, shall be superior to the Constitution and laws of any indi-vidual state”19 and that “laws of any of the states contrary to atreaty, shall be disregarded.”20 In 1879, the Court found a treatyprovision trumped inconsistent state law. In 1913, Congress enact-

ed a statute regulating thehunting of migratory birdswithin the states under theAct of March 4, 1913.21

The Secretary of theInterior was delegated thepower to create and enforcethe attendant regulations.The regulations wereaimed at preserving thesupply of birds. At thelower court levels, hunterssuccessfully argued thatCongress overreachedbecause the law wasbeyond its enumeratedpowers. President Wilsondetermined that this was amatter of great publicimportance. He thencharged the Department ofState with negotiating atreaty with Great Britain22

in which the Senate rati-fied in 1916, for the pro-

tection of migratory fowl covering the United States and Canada.Congress enacted enabling legislation, the Migratory Bird TreatyAct of 1918, giving the Secretary of the Interior the power to reg-ulate hunting. The state of Missouri objected and this led toMissouri v. Holland.23

The state of Missouri argued that Congress could not accom-plish under treaty power what it could not under other provisionsof the Constitution. Citing the Tenth Amendment, Missouri sug-gested, “The powers not delegated to the United States by theConstitution, nor prohibited by it to the States, are reserved to theStates respectively, or to the people.” Further in Missouri’s view,the treaty was an impermissible challenge to its sovereignty. In a 7-2 decision, the Supreme Court of the United States disagreed.Justice Holmes, writing for the Court found that the subject of thetreaty was “a national interest of very nearly the first magnitude.”24

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As Professor Edward T. Swaine noted, Holmes answered by“essentially suppos[ing] that Congress’s domestic authority had tobe coextensive with the federal government’s international author-ity.”25 Finding the power to make treaties expressly in theConstitution along with treaties being the supreme law of land onpar with congressionally enacted legislation, trumped the “…invis-ible radiation [of ] the general terms of the Tenth Amendment.”26

Thus sovereign regulatory power vested in the states via the TenthAmendment was preempted.

As precedence, this case stands for the proposition that treatiescan abridge the regulatory rights that the states enjoy within theirexclusive province pursuant to the Tenth Amendment. Missouri notonly held that federal treaty power reigns supreme over states’ rightto regulate, but also animated criticism of dormant treaty power.

Commentators suggest dormant treaty power may be antiquat-ed and the justifications to keep treaty power in the exclusiveprovince of the federal government can no longer be predicated onpreviously-accepted justifications. As an example, Professor Swaineasserts that the United States has maturedand as a result is less dependent on speak-ing with a uniform voice in foreign rela-tions. Dormant treaty power should beinterpreted as less restrictive on issues ofstate taxation of and contracting with for-eign governments.

Another commentator, Professor KirkW. Junker suggests “dormant treaty powermay be said to be over inclusive, becauseit condemns a wide range of arrangementsthat states seek to make with foreign gov-ernments.”27 He states “[for example]some bargaining between states and for-eign governments may be unworthy ofcongressional attention, such as the nego-tiations between Virginia and the Kingdom of Belgium to open aforeign trade office in Brussels . . . .”28

If one were to attempt to harmonize the positions of the com-mentators with Missouri, it is plausible to assert that by not defin-ing the boundaries of the “invisible radiation” of the TenthAmendment, the Missouri Court understood that a modicum oftransnational activity would transpire between state governmentsand foreign nations. And, the federal government would do wellto let some of it pass without objection. This acknowledges themodern discourse between nations. But even critics must concedethere are areas in which individual state bargaining will disadvan-tage the collective interests of all of the people, e.g., national secu-rity. A uniform voice then cannot be discarded in favor of stateautonomy alone.

Perhaps then, the dormant treaty power is best approached byconsidering the impact that individual state interaction with for-eign governments may have on sister states as well as the potentialto compromise collective interests of the nation as a whole. Whenthat compromise appears probable is when states violate the verti-cal separation of powers.

Other commentators also divide the question into one in

which the nation is required to speak in one voice versus thoseactivities that allow for individual state participation – encourag-ing the use of the Compact Clause under Article I, Section 10,Clause 3 for international activities. This would reduce the tensionbetween the states and federal government because consultationby the former with the latter would be required in all cases, leav-ing little negative effect on the efficacy of the Treaty Clause or thepenumbra outlined by Missouri.29 Too, there are a number ofmechanisms through federal agencies such as the U.S. TradeRepresentative’s office that help coordinate these functions.Nevertheless, no one line of criticism of Article II Treaty Powerhas emerged as the majority view. As scholars and commentatorshave worked through the various tensions of vertical separation ofpowers, it took the Courts decades to call into question the reachof Congressional authority to regulate state behavior.

That said, case law through the 1950s consistently echoedMissouri’s central theme: federal action was superior to stateaction given the vertical separation of powers doctrine and pre-

emption resulting from the Treaty Power.In United States v. Pink,30 for example,the Court stated “domestic policies powerover external affairs is not shared by thestates. It is vested in the national govern-ment exclusively. It need not be so exer-cise as to conform to state laws or statepolicies whether they be expressed inConstitutions statutory judicial decrees.”31

While much of the post World War IIcommunity galvanized around a numberof United Nations-sponsored conventionsin the human rights area, PresidentEisenhower fought against the UnitedStates Senate efforts to return to isola-tionism. The most famous attempt to

reduce participation in the international arena was the infamousBricker Amendment,32 sponsored by Senator John W. Bricker.Senator Bricker wanted a constitutional amendment abrogatingMissouri and to limit the effect of international treaties in theUnited States. While President Eisenhower was able to use hispolitical office to defeat the amendment, in 1957, the SupremeCourt announced in Reid v. Covert33 that the Constitution super-sedes all international treaties ratified by the Senate and that theBill of Rights could not be subordinated by international agree-ments to give Congress power not enumerated in theConstitution.34 Between this case and the United States Senate’suse of its political power demonstrated that the political processcould subordinate the executive’s use of the Treaty Clause andoverrule longstanding precedent.

“Bricker adherents” continuously were elected to Congress.Some were assigned to the Senate Foreign Relations Committee.In many cases, human rights conventions were not referred out ofthe Committee even if the president had signed them. The execu-tive’s use of the Treaty Power clause to sway domestic policyremained in a stranglehold through the political process.35

Arguably Senators who did not approve of the use of this federal

“…some bargainingbetween states andforeign governmentsmay be unworthy of congressional attention…”

- Professor Kirk W. JunkerDuquesne University Law School

authority continued to maintain a close watch of its use.Despite this outcome for treaty power since the New Deal,

Congress had begun to use the Commerce Clause to regulate thebehavior of the states, from personal freedoms such as votingrights to collective responsibilities including environmental protec-tion. As a result, use of the Treaty Power provision to control stateaction by the federal political branches receded in favor of broadjustifications under the Commerce Clause.

Critics saw congressional use of the Commerce Clause as yetanother tool to expand the reach of big government and federalcontrol of states’ rights. Also, the Court’s makeup had changed.When William Rehnquist became Chief Justice, the Court’s viewof vertical separation of powers had also shifted. The RehnquistCourt ushered in a new view of federalism that was fairly restric-tive of Congressional authority and decidedly in favor of theexpansion of states’ authority. Critics found an ally in the curtail-ment of federal authority in the Rehnquist Court.

In reviving states’ rights arguments in a variety of contexts—most particularly with the analysis of the Commerce Clause—theRehnquist Court issued opinions that began to curtail congres-sional power in favor of the states. Looking at the enumeratedprovisions of the Constitution, the Rehnquist Court fashioned asits cornerstone, the perspective that Congress could not mandateto the states or its officials anything beyond what was enumeratedin the Constitution, harkening back to Justice Stone’s analysis ofthe Tenth Amendment “…All [power] is retained [by the state]which has not been surrendered.”36 Federal regulators began torealize that unless one could justify congressional action through

an explicit constitutional grant of power then the action would bedeemed “inconsistent with the federal structure of government.”37

This analysis was so effective at reducing the reach of the federalgovernment that scholars coalesced around the idea that the sameanalysis could be applied to the federal government’s use of TreatyPower—that one could now flesh out the “invisible radiation” ofthe Tenth Amendment that the Missouri court was unwilling todo. Missouri could then be overturned.

The Court restricted Congressional authority that inappropri-ately reached into the province of state sovereignty using the enu-meration principle or the anti-commandeering principle. The lat-ter stood for the proposition that state officials who were not apart of law enforcement could not be used to enforce federal laws.Critics of congressional authority suggested that these theoriescould be used to reawaken states’ ability to exercise treaty power.

For example, in United States v. Lopez,38 the Gun FreeSchool Zone Act of 1990 was successfully challenged. TheLopez Court found that Congress overstepped its legislativeauthority under the Commerce Clause under the analysis thatthe act being regulated had nothing to do with economic activi-ty—the principle feature of the Commerce Clause. The Courtheld that Congress was limited to that which is enumerated inthe Constitution. Thus state power could expand and covermany areas in which the Constitution was silent.

In 1992, in New York v. United States,39 the Court held thatthe federal government may not compel a state to enact or admin-ister a federal program. In 1994, in Barclays Bank PLC v.Franchise Tax Bond40, the Court found in favor of the state ofCalifornia stating that Congress had not specifically foreclosed theability of the state to regulate franchise taxes of multinationals andtherefore states were permitted to so regulate. In 1997, Printz v.United States,41 the Court held that the federal government maynot compel state non-judicial offices to execute federal laws.States’ rights and their ability to regulate themselves were expand-ing. Federal power was eroding. Congress then, had to focus onensuring that the federal statutes were written so tautly that statescould be properly regulated in the estimation of the Court.

Critics of expanded federal power got their chance to attackMissouri in 2000. When state action related to foreign govern-ments was again tested in Crosby v. National Foreign TradeCouncil,42 the Court found Massachusetts law restricting state pur-chasing from companies doing business in Burma was preemptedby federal statute. The Court refrained from resolving other con-stitutional objections. The Missouri precedent could have beennarrowed, but the opportunity was not taken by the Court.

Disappointed, commentators suggest that the issue of dormanttreaty power would have to be a question resolved politically.States would have to be sure to instruct their senators to offer thepresident advice and consent consistent with their wishes. Thepresident would have to involve senators in the negotiating processto better ensure passage. In instances of impasse, the presidentwould have to consider reservations, understandings or declara-tions to proposed treaty language to accommodate the wishes ofindividual states.

The Rehnquist Court’s focus on expanding states’ rightsseems to suggest that at a minimum, Missouri will be read

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narrowly in deference to stare decisis when similar issues arise, calling for political compro-mises instead. We cannot yet prognosticate with any degree of accuracy what the RobertsCourt will do in this area. The Chief Justice was confirmed in part, on the basis of his com-mitment to uphold precedence. In any case, states continue to push against the tension ofthe vertical separation of powers as embodied by dormant treaty power with extraterritorialactivities. One can conclude that it is likely that Missouri will be in place for a while, but itwill not be the last word on the federal exercise of the Treaty Clause and in relation to thestates’ dormant treaty power.

Making Sense of Dormant Treaty Power in the 21st CenturySo far, the courts have left us with no bright line by which to measure federal encroachment

into authority that is exclusively reserved for states in transnational matters. Imagine drawing aline in the sand just before the wind blows. While there have been fierce debates on either sideof the question of dormant treaty power, it is sure in a more interdependent society that statesare going to have more interaction with nations whose inhabitants share commonalties. Florida,for example, has cities and counties in which more than 200 languages are spoken in theirrespective school systems. Citizens will insist on having formal connections with their birthcountries. Likewise, states are going to want their governors to participate in trade missions inan effort to better distinguish themselves from other states or small island nations to create jobsand incentivize economic partnerships. Counties and cities will want to further encouragetourism, residency reciprocity for real estate investment, and educational opportunities withother countries.

Yet one can still answer the question as to whether the Constitution has been successful inmaintaining vertical separation of powers in this area in the affirmative. States must still bemindful of congressional preemption and remain well within the borders of their authority so asnot to negatively affect areas that require a uniform voice as the Framers intended. So long asthe federal and state governments can work these issues out before approaching the outerbounds of the invisible radiation of the Tenth Amendment, it will be less likely that the issuewill return to the courts for a reconsideration of the Commerce Clause or challenging the prece-dent of Missouri. COASTAL

1 Associate Professor of Law, Florida CoastalSchool of Law. Prof. Ferguson teachesContracts, State Constitutional Law, andInternational Human Rights. He is the authorof the forthcoming textbook, A PracticalApproach to Florida Constitutional Law(Carolina Academic Press 2008).

2 See Michael Allen, The Mississippi RiverDebate, 1785-1787, 36 Tenn. Hist. Q. 447(1977). Negotiating navigable rights to theMississippi was an issue for John Jay in attempt-ing to enforce the Treaty of Peace.

3 See The Debate in the Virginia Convention onThe Navigation of the Mississippi River, 143,June 1788, in 10 Documenting History of theRatification of the Constitution 1493 ( John P.Kaminski, et al., Eds 1993).

4 Benjamin Franklin tried to form the AlbanyPlan of Union in 1754 that was to facilitatetrade among all 13 colonies. Maryland andVirginia settled on a trade pact in March 1785.This was a forerunner of the ConstitutionalConvention of 1787.

5 The New England Confederation existed from1643 to 1684. See Henry William Elson,“History of the United States of America,”(Kathy Leigh, editor, MacMillan Company,New York, 1904) available at http://www.usahistory.info/.

6 Letter of George Washington to JamesMcHenry, August 22,1785, in The Papers,Confederation Series, 3:197-99., available athttp://gwpapers.virginia.edu/documents/constitution/1784/mchenry1.html.

7 Letter of Madison to Jefferson (Aug. 12, 1786),in 9 Papers of James Madison at 93, 96-97

(William T. Hutchinson & William M. E.Rachal Eds., 1962).

8 The Federalist No. 75, at 452 (AlexanderHamilton) ( Clinton Rossiter, 1961).

9 U.S. Const. art. II, §2.10 U.S. Const. art VI, cl. 2.11 See David M. Golove, Treaty-Making and the

Nation: The Historical Foundations of theNationalist Conception of the Treaty Power, 98Mich L. Rev. 1075 (2000); Edward T. Swaine,Does Federalism Constrain the Treaty Power?,103 Colom L. Rev. (2003).

12 Here, Congress has all legislative powers.13 Article 6 clause 2, “all treaties made, or which

shall be made, under the Authority of theUnited States, shall be the supreme law of theland.”

14 Id.15 See U.S. Const. art. III, §2, cl. 1 (providing that

“[t]he judicial power shall extend to all cases, inlaw and equity arising under…treaties made, orwhich shall be made”…. This judicial power isvested in the Supreme Court of the UnitedStates “and in such inferior courts as theCongress may from time to time ordain andestablish” U.S. Const. art. III, § 1.

16 Id.17 For a great discussion of this point, see Martin

S. Flaherty, Are We to Be a Nation? FederalPower vs. ‘States’ Rights’ in Foreign Affairs, 70Colo. L. Rev. 1277, 1312-14, (1999).

18 This is true especially if the treaty is not selfexecuting, thus requiring enabling legislation togive it effect in the United States’ domesticspheres.

19 See Samuel Benjamin Crandall, Treaties, Their

Making and Enforcement 1, 154 ( John Byrne& Company, Washington, D.C., 1916) quotingJustice Chase in Ware v. Hylton, 3 Dall. 199,236 (1796).

20 Id.21 ch. 145, 37 Stat. 847 (1913).22 Great Britain still negotiated treaties on

Canada’s behalf.23 252 U.S. 416 (1920).24 Id. at 435.25 Swaine, Does Federalism Constrain the Treaty

Power? 103 Colom. L. Rev. at 420.26 252 U.S. at 433-434.27 Kirk W. Junker, Conventional Wisdom, De-

Emption and Uncooperative Federalism inInternational Environmental Agreements, 2Loy. U. Chi. Int’l L. Rev 93, 98 (2004-05).

28 Id.29 This exists with the Department of Interior and

states with Sovereign Native American nations.30 315 U.S. 203 (1942).31 Id. at 567.32 Actually these were a series of amendments in

which Senator Bricker’s was the most well-known.

33 354 U.S. 1 (1957).34 Id.35 Even after President George Herbert Walker

Bush declared that the nation’s most preciousresource was its children could not get the bold-est human rights treaty, the United NationsConvention on the Rights of the Child, throughthe Senate Foreign Relations Committee in1990. As a result, he decided not to sign it.While President William Jefferson Clintonsigned the CRC in 1995, he refused to submit it

to the Senate because Senator Jesse Helms,Chairman of the Committee, promised never toallow it to come before the full Senate. One ofPresident George Walker Bush’s first transmis-sions to the Senate Foreign RelationsCommittee was that he would not submit theConvention for the Senate’s considerationbecause of its potential effects on state sover-eignty. See Cleveland Ferguson III,Incrementalism, Ideology and Social Choice:Should the United States Ratify the U.N.Convention on the Rights of the Child?—APractical Perspective, 1 FAMU L. Rev. 15, 22 atnote 40 (2006); see also Cleveland Ferguson III,Of Politics and Policy: Can the U.S. Maintainits Credibility Abroad While Ignoring theNeeds of its Children at Home?—Revisiting theU.N. Convention on the Rights of the Child asa Transnational Framework for LocalGoverning, 14 Tulsa J of Comp & Int’l L 191,234-35.

36 United States v. Darby 312 U.S. 100, 124(1941).

37 New York v. United States, 505 U.S. 144, 177(1994).

38 514 U.S. 519 (1995).39 505 U.S. 144 (1992).40 512 U.S. 298 (1994).41 512 U.S. 898 (1997).42 530 U.S. 363 (2000).43 Broward Counties have 222 different languages;

Miami-Dade County has 200. Broward County,Florida School Board Statistics 2006. Miami-Dade County, Florida School Board StatisticalReport 2007.

13

Professor Cleveland Ferguson

has written and presented in a

variety of forums on the ability of

decision-makers to integrate bal-

anced social policy considerations

into the administration of rights-

and-responsibilities process in the

areas of contracts, local governing,

elections, transnational business

frameworks, the First Amendment,

and human rights law.

P E R S P E C T I V E S

International Curriculum

To achieve its goal to prepare students for a global and multicultural legal workplace,Coastal Law offers a number of international and comparative courses, clinics, andprograms, including the recently ABA-approved summer abroad program with theUniversity of Auvergne in Clermont-Ferrand, France (See article on page 7).

Coastal Law’s Certificate in International & Comparative Law is the primary vehicle throughwhich students develop international and comparative law expertise at the school.

Professor John Knechtle, the school’s International Programs Director, said the curriculum “… offers an educational experience that will train students how to negotiate complex interna-tional agreements, or argue cutting-edge international law issues before a domestic court, an arbi-tration panel, or an international tribunal. It also offers students opportunities to gain valuablepractical legal experience through clinics and externships in international tribunals.”

The strength of the certificate program, like any academic curriculum, lies with the faculty.Twenty-one full-time faculty members with expertise in international or comparative law, severalof whom are profiled in these pages, make it the largest specialty area at Coastal Law.

Coastal Law’sInternational and ComparativeApproaches

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American & Caribbean Law Initiative (ACLI)

Perhaps Coastal Law’s most innovative academic program, TheAmerican & Caribbean Law Initiative began in 2000 with a mis-sion to support the growth and development of the Caribbean Basinby facilitating collaborative relationships and strengthening its legalinstitutions. Today, the ACLI is comprised of four Caribbean andfour U.S. law schools that offer an impressive array of programs.

Caribbean Law ClinicIn the Caribbean Law Clinic, the ACLI’s flagship program,

students work with the highest levels of government in theCaribbean in an effort to help them find answers to legal problemsin their jurisdictions. Attorney Generals from Jamaica, Bahamas,Trinidad & Tobago, Cayman Islands, Barbados, Texas andFlorida refer live legal problems to the clinic for stu-dents to research under faculty supervision.

Every semester, students meet in the countrywhere the legal problems originated. They spendthe first day discussing their legal memorandaand how to present their findings. On the sec-ond day, they present their recommendationsto the staff of the Attorney General’s office.

“My favorite part of the CLC was brain-storming ideas regarding the legal issues withother law students from throughout the region,”said Adam Pylitt, a student in the spring 2008CLC. “This collaborative process of problem solvingwas efficient, enlightening, and fun, and at the same time itgave me a greater sense of other cultures and their legal systems.”

ACLI Law Conference, Newsletter,Technical Legal Assistance

The ACLI also hosts a biennial law conference on issues relat-ing to the Caribbean. The first two conferences were in Jamaicaand the Bahamas, while the next one is planned for Trinidad &Tobago in July 2009.

The ACLI issues a newsletter, “The American & CaribbeanLaw News,” produced by Editor-in-Chief Professor ClevelandFerguson. Coastal Law currently hosts the ACLI website which,besides describing ACLI programs, offers a substantial databasefor researching Caribbean Law. Through the combined facultyexpertise at ACLI member schools, professors have provided tech-nical legal assistance to Caribbean countries in areas of environ-mental and constitutional law.

Immigration Law ClinicCoastal Law opened the Immigration Law Clinic with the hir-

ing of Professor Ericka Curran in 2007. Students involved in theclinic become involved in direct legal services to non-citizens and

work closely with community organizations to protect the humanrights of immigrants through advocacy work. Students participatein client intake and prepare applications based on asylum, familyunity, naturalization, and relief under the Violence AgainstWomen Act, and the Victim of Trafficking and Violent CrimePrevention Act. Students conduct investigations, develop case theory, interview witnesses, write declarations, and submit briefs.

International Criminal Law ExternshipIn 2007, Coastal Law created a year-round externship program

with the Association of Defense Council at the InternationalCriminal Tribunal for the Former Yugoslavia at The Hague,Netherlands (See article “Alumna Lands Overseas”). Under thesupervision of defense council, externs perform such tasks as

motion writing, legal research, and writing pre and post trialbriefs. In its first semester of operation, Coastal Law

intern Brent Hicks accepted a job with a defensecouncil.

International Law Moot Court Teams

Coastal’s moot court teams are also vital com-ponents of the school’s international and compara-

tive law program, most notably making impressiveshowings at the Jessup International Law Moot

Court Competition. Now in its 49th year, the JessupCup is the largest moot court competition in the world,

with participants from more than 500 law schools in approximately80 countries. Coastal’s Jessup Moot Court teams, under the coachingof Professor Roederer, have won the Southeast Regional rounds forthe past three years. In 2006 and 2007, Coastal Law teams placedamong the top 21 and top 10 in the world respectively.

In 2008 Coastal Law entered its first team in the Willem C. Vis International Commercial Arbitration Moot CourtCompetition in Vienna, Austria. Professor Darren Lathamcoached this team, which placed second in the 2008 FloridaPreliminary Competition. This is the best finish for a first-timeentry in the competition’s history.

Student OrganizationsOver the years Coastal Law’s International Law Society, the

Black Law Students Association, and the Hispanic American LawStudents Association have supported not only Coastal Law’sinvolvement in the ACLI, but in its entire international and com-parative law program. This year under the able leadership of 2LSuzanne Decopain, students formed the Caribbean Law StudentsAssociation for not only the growing number of Coastal Law students with roots in the Caribbean, but for all students with aninterest in the Caribbean. CLSA quickly became one of the mostactive student organizations on campus this year. COASTAL

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“Strong interest from the students

results in remarkably freshand compelling dialogue on

international issues in the law.”

David PimentelCoastal Law

Assistant Professor

Professor John Knechtle,Director, International Programs

Professor Knechtle teaches Constitutional Law, InternationalLaw, Comparative Law, Comparative Constitutional Law,Caribbean Law Clinic, and the History of the Western LegalTradition. Since 1997 he has also served as Coastal Law’s Directorof International Programs. As a Fulbright Scholar in 2004,Professor Knechtle taught as the Visiting Professor of Internationaland Comparative Law at the University of World Economy andDiplomacy, Tashkent, Uzbekistan.

His recent publications in international and comparative lawinclude: Holocaust Denial in the European Union and the Concept ofDignity (forthcoming Florida St. U. L. Rev. (2008); When toRegulate Hate Speech, 110 Penn St. L. Rev. 539 (2006);ENCYCLOPEDIA OF WORLD CONSTITUTIONS, Chapter on Jamaica,edited by Professor Gerhard Robbers, University of Trier, Germany,2006; THE MODERN ENCYCLOPEDIA OF RUSSIAN, SOVIET AND

EURASIAN HISTORY, Chapter on Uzbekistan’s Constitution, 2005;The War in Iraq: Implications for International Law, THE JOURNAL

OF INTERNATIONAL LAW (Fall 2004), University of WorldEconomy and Diplomacy, Tashkent, Uzbekistan; FIRSTAMENDMENT LAW: CASES, COMPARATIVE PERSPECTIVES, AND

DIALOGUES, co-author, AndersonPublishing Co., 2004; The Developing

Law of Libel in Central and EasternEurope, 2 REVUE INTERNATIONALE

DE LANGUES JURIDIQUES ET DE

DROIT COMPARE 2, at 39 (2003)(co-author); The ConstitutionalConcept of Rights, 2 REVUE

INTERNATIONALE DE LANGUES

JURIDIQUES ET DE DROIT COMPARE

2, at 168 (2003) (co-author).

Professor Charles Martin Professor Martin currently teaches Contracts, International Law

and Sales Law. He has previously taught International BusinessTransactions and Comparative Constitutional Law. Professor Martintaught law at three universities in Baku, Azerbaijan in 2003-2004 forthe Civic Education Project of the Open Society Institute. Hetaught Palestinian and Central Asian lawyers and human rights pro-fessionals in Istanbul, Turkey in 2005 for the Open Society InstituteSummer Program.

Professor Martin’s published articles in international law are: TheElectronic Contracts Convention, the CISG and New Sources of E-Commerce Law, 16 TUL. J. INT’L & COMP. L. (Fall 2007); TheUNCITRAL Electronic Contracts Convention: Will It Be Used orAvoided? 17(2) Pace Int’l. L. Rev. (Fall 2005); and ComparativeHuman Rights Jurisprudence in Azerbaijan:Theory, Practice andProspects 14(2) J. TRANSNAT’L L. & POL’Y (Spring 2005).

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Professor David Pimentel Professor Pimentel teaches Criminal Law, Remedies, Comparative Law, and Conflicts of

Law. He has led judicial reform projects in Bosnia, Romania, and most recently in Sudanwhere he was the head of Rule of Law for Southern Sudan for the UN Mission there. Hehas served as the Chief of Court Management at the International Criminal Tribunal for theformer Yugoslavia, in The Hague, Netherlands. He is a graduate of Brigham YoungUniversity, with an M.A. in economics and a J.D. from Univ. of Calif. Berkeley. He finishedhis law degree at Harvard Law School in 1988, after which he practiced law with PerkinsCoie in Seattle, and clerked for U.S. District Judge Martin Pence in Honolulu. His 11 yearsin the federal judiciary before he went abroad included one year (1997-98) as a SupremeCourt Fellow.

Professor Pimentel’s recent publications in international and comparative law are the fol-lowing: Reframing the Independence v. Accountability Debate: Using Judicial Structure to FosterJudges’ Courage and Integrity, 56 Clev. St. L. Rev. ___ (2008) (forthcoming); Restructuring theCourts: In Search of Basic Principles for the Judiciary of Post-war Bosnia and Herzegovina, 8Chi. J. Int’l Law ___ (2008) (forthcoming); Technology in a War Crimes Tribunal:Recent Experience at the ICTY, 12 Wm. & Mary Bill of Rts. J. 715 (2004);Notes from the Balkans, Judicial Fellows Newsletter, Summer 2002; and Justicein Due Time: A Report of the Court Administration Reform Project, (with A.Austbø, B. Aspelund, and R. Duriç) published by the Independent JudicialCommission, Sarajevo, April 2002.

Professor Christopher RoedererProfessor Roederer teaches Constitutional Law, Remedies, Torts,

Criminal Law, and has taught a number of courses in internationallaw. He has taught International Human Rights, InternationalCriminal Law, International Business Transactions, PublicInternational Law, Comparative Law, and Comparative CriminalLaw at various institutions around the world including SeattleUniversity School of Law, the Anglo-American College in Prague,the American International University in Prague, the University ofPapua New Guinea, the University of Goroko, the University of theWitwatersrand School of Law, and the University of RwandaSchool Of Law.

Professor Roederer’s recent publications in international andcomparative law include: Democracy and Tort Law in America: TheCounter Revolution (Forthcoming W. Virg. L. Rev. (2008)); TheTransformation of South African Private Law after Ten Years ofDemocracy: The Role of Torts (Delict) in the Consolidation of Democracy37 (2) Colum. Hum. Rts. L. Rev. 447 -521 (2006); TheConstitutionally Inspired Approaches to Police Accountability for ViolenceAgainst Women in the U.S. and South Africa: Conservation versusTransformation, 13(1) Tulsa J. of Comp. & Int’l Law, 91-140 (2005);The Constitutionally Inspired Approach to Vicarious Liability in Cases ofIntentional Wrongful Acts by the Police: One Small Step in Restoring thePublic’s Trust in the South African Police Services, 21 (4) S. Afr. J.Hum. Rts. 576 -606 (2005) [2006]; Kevin Hopkins & ChristopherJ. Roederer, Righting the Wrongs of Apartheid: Justice for Victims andUnjust Profiteers, 105 Theoria 129 (2004). Post-matrix LegalReasoning: Horizontality and the Rule of Values in South African Law,19 S. Afr. J. Hum. Rts. 57 (2003). COASTAL

Alumna Lands OverseasRachel Williams, Class of 2007,defends human rights at The Hague.

WHILE IT MAY TAKE MANY ASPIRINGlawyers years to find that dream job, Coastal Lawalum Rachel Williams took the fast track to the front

of the pack. Making the most of her international and comparativeclass focus while enrolled, this 2007 alumna quickly landed notonly near the top of her class, but thousands of miles overseasdefending human rights for the International Criminal Tribunalfor the former Yugoslavia in The Hague.

The ICTY was established in 1993 in response to violations ofinternational humanitarian law committed in the territory of theformer Yugoslavia since 1991, and as an answer to the threat tointernational peace and security posed by those serious violations.

On her work overseas, which includes serving as a primary legaldefense writer for the largest case in Tribunal history, Williamssaid it far outshines what she expected.

“It’s all that and more,” said Williams, who also drafted jointmotions and appeals for the collective defense, and helped preparereports and summaries of important upcoming witnesses.

While in Belgrade, Serbia, she performed field work withICTY team counsel and its investigators.

“Not only am I getting a great legal experience, I’m getting acultural experience beyond anything I could have imagined,” shesaid.

While an undergrad at Albright College, Williams majored ininternational relations, even interning with the United Nations.Towards her senior year, she knew she wanted to continue hereducation and earn a law degree.

“And I heard some really nice things about Florida Coastal andthe programs it was offering, with respect to international law,”Williams said. “I was definitely interested in learning more.”

While enrolled Williams excelled, earning impressive grades,studying abroad in Amsterdam, and winning over her peers andprofessors in the process. Williams also participated in both theFerrell Intercultural Human Rights Moot Court Competition andthe Jessup International Law Moot Court Competition. Her pas-sion for international law allowed those teams to achieve a level ofsuccess that no other Coastal international law moot court hadachieved to that point.

“It is safe to say that no other single student has had the kind ofimpact that Rachel Williams has had on the development and pro-motion of our international law program,” said Coastal Law

Professor Christopher Roederer. “She came to my office as a first-year student inquiring into the possibilities of practicing interna-tional law. She was interested in finding out what the school had tooffer and seeing how she could improve on that by mobilizing theinternational law students and faculty to get the certificate programoff the ground and to get the ICTY internship established.”

Williams gushes over such praise.“I could not have even have dreamed of someday working at

the ICTY if it were not for the help of some amazing people atCoastal Law,” she said. “Professors (Sander) Moody and Roederer,among many other (Coastal Law) professors, were, and continueto be, invaluable resources for advice and support.

“They helped me to truly cultivate my passion for this field oflaw, continually challenged me and, most importantly, believed inmy abilities.” COASTAL

I N P R A C T I C E

Rachel L.Williams, 2007 Coastal Law Alumna in traditional robes and bib.

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L E S S O N S I N P R O F E S S I O N A L I S M

Everyday EthicsB Y T E R E S A H E E K I N D AV L A N T E S

Vice Dean & Associate Professor of Law

THERE I WAS AT WORK ONE MORNING, Afreshly sworn-in attorney, when one of the firm’s seniorattorneys walked into my office with a file. He calmly and

matter-of-factly explained that he had a conflict and needed me tocover a deposition for him, a deposition which was to begin in 90minutes.

Having graduated from a law school that stressed theoryrather than skills, I had never observed an actual deposition, norhad I even participated in a simulation. Why hadn’t I taken theone trial skills course offered at my law school? Why didn’t I signup for the clinic instead of the insurance law class with the pro-fessor who practically gave grades away?

After recovering from the wave of nausea that had suddenlyovercome me, I cracked open the file. The facts were fairlystraightforward. A nurse had been pushing a medicine cart andslipped on a crumpled floor mat, and was now claiming recur-rent back problems. My firm represented the hospital who wasbeing asked to provide worker’s compensation benefits.

“I can do this,” I thought. “I was a nurse. I’ve pushed a medi-cine cart many times. I know the routine, and I can ask questions.”The pieces were all falling together, and I was feeling confidentthat I could take the deposition and do an adequate, if notgood, job.

What I didn’t think about in those 90 minutesof prep time was how I was going to interactwith the opposing counsel. I do not recall everhaving been instructed on that in law school.As a nurse, all the players were on the sameteam, all pulling together to help the patient,and our interactions were all collegial. Butnow in this case, we two attorneys were onopposite teams, each advocating for a differentresult. Consequently, I reasoned, my interactionswith the other attorney must be of an adversarialnature.

The opposing counsel was a middle-aged man who tried toengage me in conversation. He undoubtedly knew that I was newat this, and he was doing his best to be friendly and put me at ease.My responses to his chit-chat were curt, and I did not return hisquestions with other small talk. Even though I am a person who

normally enjoys engaging in friendly discourse, I equated beingfriendly with this attorney as not representing my client whole-heartedly. Had my mother been an observer to this interaction, shewould have likely taken me into the house and given me a long talkabout treating others as I would like to be treated.

I muddled through the deposition, and went homethat night not feeling proud for having taken the

deposition, but instead feeling lousy about theway I had treated the other attorney. Withoutknowing this person at all, I had treated himas an enemy. I often ran into this attorneyafter that incident and was amazed that hewas still friendly towards me. He obviouslyhad learned early on that just because you are

advocating for different sides, you can still bepolite and actually enjoy working with each

other.What I learned that day was far more important

than the basics of taking a deposition. I understood thatbasic civility is the core of professionalism, and that it’s not justsomething reserved for those working on the same team. Rather, itis equally important for those interacting with each other in anyrelationship, whether it be the relationship shared between nurseand patient or lawyer to lawyer. COASTAL

Speaking with the ‘Enemy’

Importanceof civilityextends

beyond yourclient.

A W A R D S , A C H I E V E M E N T S A N D H I G H L I G H T S

Student NewsF OR THE THIRD YEAR IN

a row a moot court team fromFlorida Coastal School of Law wonthe state’s most prestigious mootcourt competition. This year marksCoastal Law’s fourth foray into the44th Annual Orseck Moot CourtCompetition, which was held inOrlando.

In addition to the FloridaCoastal team winning the overallcompetition, team member RickMarshall was recognized as bestbrief writer, and Rick Lasseter andValarie Linnen were named bestadvocates.

“This is a great reward after all ofthe weeks of preparation that wentinto this competition,” said CoastalLaw Dean Peter Goplerud. “Ourstudents worked very hard for this and theycertainly deserve it.”

Joining Lasseter, Linnen and Marshallfrom the Coastal Law Moot Court Team wasKara Samuels, who served as team manager.

The champion Coastal Law team defeated

teams from all Florida law schools, theUniversity of Florida, Florida State University,the University of Miami, Florida InternationalUniversity and Stetson.

The Robert Orseck Moot CourtCompetition is held in conjunction with the

annual Florida Bar AssociationMeeting, with the finals being judgedby members of the Florida SupremeCourt.

At the competition, the teams aregiven a controversial legal issue andmust argue both sides of the issuebefore a panel of Florida SupremeCourt Justices. The issues this yearcentered on the 4th and 6thAmendments of the U.S.Constitution.

In 2005 Coastal Law garnered theattention of members of the BarAssociation by winning the Orseckcompetition after competing only oneother year. Setting a new precedentlast year, Coastal Law was permittedto send two teams to the competi-tion, taking first and second place in

the process.“The success of our team speaks to the

level of their hard work and commitment,”said team faculty advisor and coach SanderMoody. “Florida Coastal has a lot to beproud of.” COASTAL

From left: Rick Marshall,Valarie Linnen, Kara Samuels and Rick Lasseter.

Sports Law Students Meet NFL

Coastal Law School’s Center for Law and Sports made its debut in 2005 andhas quickly become a major draw for future law students. Earlier this year,about 17 students spent the morning at Jacksonville Municipal Stadium as

a part of their Sports Law Workshop with assistant professor Roger Groves.“We have been talking a lot about the business and economic impact of having

the Jaguars in Jacksonville,” said Groves.“We are also talking about the state-of-the-art facility and the naming rights.”

The class had an opportunity to ask questions to Bill Prescott, senior vice presi-dent of stadium operations and CFO. Later, senior sales executive Glen Fisherspoke to the group in the Crown Royal Touchdown Club and addressed severalissues that the students had e-mailed him prior to the trip.

Third year law student Preston Ougton said he grew up around sports and he knew he always wanted to go to law school.“This is the first year the workshop has really connected with the community,” he said.“We hope the relationship continues to

grow through the years.” COASTAL

Teams Three-peat at Statewide Moot Court Competition

Coastal Law students Barry Johnson, Randy Malesick,and Preston Oghton

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Other Coastal Law Winsl Coastal Law won the E. Earle Zehmer

Moot Court Competition in August.TheZehmer Competition is a state-widecompetition which also draws entriesfrom law schools from the southeastand beyond.

Coastal Law teams have advanced tothe final round of the competition threeof the past four years, taking the titletwice.This year’s champion Coastal Lawteam out-paced teams from TheUniversity of Florida, Florida StateUniversity, Stetson, and Nova, as well asCharleston School of Law.

In addition to winning the overall com-petition, the Coastal Law team made aclean sweep of the individual awards.Team member Jamica Littles earnedthe Best Advocate Award, and RyanTrumm received the Best Brief Award.

Coastal Law’s winning team was round-ed out by oralist Jason Sexton.

l In November, Coastal Law won theChicago Bar Association NationalConstitutional Law Moot CourtCompetition for the second time in fouryears.The championship team was com-prised of oralists Jason Sexton and AmyDelauter, and brief writer Drew Sutter.They beat teams from John Marshall,University of the Pacific and Loyola(Chicago) in the preliminary rounds.

In the out-rounds, they beat ChicagoKent and Texas Tech, and Pepperdinein the finals. In addition to winning forthe second time, it is the third time inthe last four years a Coastal Lawteam has been in the finals.A secondFlorida Coastal team of Tim Moss,Stephanie Tew and Lisa De Longadvanced to the quarter-finals, andwon the second-best brief award. Bothteams were coached by ProfessorSander Moody and local attorney andalumnus Nick Martino. COASTAL

First-Year Students Meet Local Legal Community

MORE THAN 300 FLORIDA COASTAL SCHOOL OF LAW FIRST-YEARstudents and 40 legal employers attended the school’s second annual “Starting

Line” on November 15, making the event more successful than its 2006 inaugural year.Starting Line provides

Jacksonville’s legal profession-als with an opportunity tomeet with and give careeradvice to Florida Coastal stu-dents. Event organizers fromCoastal Law’s Career ServicesDepartment added thatStarting Line is not a venuefor recruitment, but rather aneducational event designed todemonstrate to first-year stu-dents the versatility of theJuris Doctor degree. COASTAL

COASTAL LAW STUDENTSfounded “The Rainmaker” in

October, realizing one of the school’slong-term goals for a student-operatednewspaper. To date, five issues have beenpublished.

Editor-in-chief Christina Shackelfordsaid she welcomed to the opportunity tonot only write for the publication, but alsohelp set policy for future staff writers andeditors.

“So many peo-ple wanted this tohappen and it’sincredibly excitingwhen I think aboutThe Rainmakerbecoming a part ofCoastal Law’s histo-ry,” she said. “Theschool couldn’t bemore supportive ofwhat we’re trying toaccomplish, and thenumber of studentswho want to partici-pate continues toamaze me.”

Breaking newsabout Coastal Lawstudent bar pass per-

formances, study abroad programs com-ing online, SBA candidates’ back-grounds, and looming deadlines, TheRainmaker has quickly become one ofthe most reliable communication toolsbeing utilized campus-wide.

More than 40 writers currently serveon staff, with an additional 10 CoastalLaw students comprising the paper’seditorial board.

“The information isout there, but we’re ableto collect it and get it outin a way that hasn’t beenpossible until now,”Shackelford said. “I thinkwe’re doing a great serv-ice and that, over time,we’re going to become acrucial piece of theschool’s bigger picture.

“It’s not easy to pro-duce, especially whenyou factor in thedemands of going tolaw school full time.But the feeling ofaccomplishment whenwe finish an issuecouldn’t be morerewarding.” COASTAL

Coastal Law Newspaper Debuts

From left: Rick Lasseter, a Coastal student and clerk with Spohrer & Dodd Associates, and Coastal Alums Jay Howanitz and Galen Baur, and Coastal student Lex Allen.

Professor Jagdeep Bhandari

Professor Bhandari published a paper enti-tled “Migration and Trade: Symmetry orParadox?” in the Hofstra Journal of Law andBusiness. He also presented a paper in lowskilled immigration at the AALS meetings inJanuary. Professor Bhandari also wrote twoarticles for the Encyclopedia of US SupremeCourt decisions, to be published by Gale-Thompson (Thompson West). In March hepublished a survey paper on the law and eco-nomics on immigration in a scholarly com-pendium by Elgar (Dau-Schmidt, editor).

Professor Elizabeth DeCouxProfessor DeCoux recently published two

law review articles. The first was “TheAdmission of Unreliable Expert Testimony

Offered by the

Prosecution: What’s Wrong with Daubert andHow to Make It Right,” in the most recentissue of the Utah Law Review. The second was“Pretenders to the Throne: A FirstAmendment Analysis of the Property Statusof Animals,” in the current issue of theFordham Environmental Law Review.Professor DeCoux had two additional articlesaccepted for publication in the spring. The firstis “The Residual Exception to the HearsayRule: The Near-Miss Debate and Beyond,”which was published in the SouthernUniversity Law Review. The second is “DoesCongress Find Facts or Construct them? TheAscendance of Politics Over Reliability,Perfected in Carhart,” which was published bythe Cleveland State Law Review.

Professor Susan DaicoffProfessor Daicoff ’s article, “Lawyer, be thy-

self: An Empirical Investigation of theRelationship Between an Ethic of Care, AFeeling Decisionmaking Preference, andLawyer Wellbeing,” will be published by theVirginia Journal of Social Policy and the Law.Her article, “Growing Pains: The IntegrationVs. Specialization Question For TherapeuticJurisprudence and other Comprehensive LawApproaches,” will be published in a specialsymposium issue of the Thomas JeffersonLaw Review devoted to therapeutic jurispru-dence, along with other authors in the field.

Professor Stephen DurdenCapital University Law Review published

Professor Durden’s article, “Sign AmortizationLaws: Insight into Precedent, Property, andPublic Policy,” in December.

Professor Durden also had articles accept-ed for publication in the Quinnipiac

H I G H L I G H T S , A C H I E V E M E N T S A N D A P P O I N T M E N T S

Faculty News

Professor Randy Abate

P rofessor Abate was an invited speaker for Florida State University College of Law’s FacultyEnrichment Series. On September 17, he delivered a luncheon presentation, “Public Nuisance andClimate Change Impacts: Automobile Emissions, Power Plants, and the Power of the Common

Law,” to the Florida State law school faculty. Later that afternoon, Professor Abate delivered a modifiedversion of the presentation to Florida State law students enrolled in the Advanced Environmental Law

Seminar at the law school.Professor Abate delivered a presentation,“Public Nuisance Claims for Climate Change Impacts: Preemption,

Political Question, and Foreign Policy Concerns,” in October at the University of Oregon School of Law’ssymposium,“Combating Climate Change on the Regional Level:West Coast Policy and Litigation.”

Professor Abate served as a moderator on a panel addressing adaptation measures for sea level riseimpacts to beaches and coastal property owners at the Ninth Annual Northeast FloridaEnvironmental Summit held at Florida Coastal School of Law on November 2.

Professor Abate served as a judge for the international finals of the International EnvironmentalMoot Court Competition at Stetson University College of Law on November 9 and 10. ProfessorAbate judged teams from law schools in India,Australia, Brazil, the Dominican Republic, and theUnited States.

Professor Abate delivered a presentation,“Marine Protected Areas as a Mechanism to PromoteMarine Mammal Protection: International and Comparative Law Dimensions,” at the TenthAnnual International Wildlife Law Conference in Granada, Spain.The conference, which was heldon March 6-7, featured international wildlife law experts from Australia, Canada, the Netherlands,Wales, Spain, the United Kingdom, South Africa, and the United States.The conference agenda isavailable here: http://www.law.stetson.edu/conferences/IWLC/PDFs/IWLCAgenda.pdf. COASTAL

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University Law Review, and the PaceUniversity Environmental Law Review.

In addition, Professor Durden’s latestarticle, entitled “Sign Amortization Laws:Insight into Precedent, Property and PublicPolicy, was published by Capital UniversityLaw Review, Volume 35 Number 4,pages 891–922.

Professor Cleveland FergusonProfessor Ferguson was selected by the

American Association of Law Schools(AALS) Section on International HumanRights to present “U.N. MillenniumDevelopment Goals and State Capacity:Shifting the Focus of Donor Programs tothe Public Interest” during the “New Voicesin Human Rights - Part Two Panel”, whichwas held on January 6, 2008 in New York.

Professor Ferguson also published thefourth issue of the American andCaribbean Law News in December.

Professor Brian Foley Professor Foley’s article, “Applied Legal

Storytelling, Politics, and Factual Realism,”was accepted for publication in the Journal ofthe Legal Writing Institute. The JLWI volumewill be a symposium issue for the AppliedLegal Storytelling conference that ProfessorFoley co-organized in London in July.

Professor Foley published an op ed,“9/11 and the Road Not Taken,” on thelegal website JURIST, on September 11,2007. If there were “first footnotes” for opeds, Professor Foley says he would thankCoastal Law Professors Darren Lathamand Chris Roederer.

Dean and Professor C. Peter Goplerud

In October 2007, DeanGoplerud chaired an ABAAccreditation Site Evaluationteam that reviewed Franklin PierceLaw Center in New Hampshire. Inearly 2008 he taught an intersession sportslaw course as a visiting professor at NewYork Law School.

Most recently Dean Goplerud wasappointed by the American BarAssociation to a committee charged withpresenting a Bar Preparation Conferencein October 2008.

Professor Susan HarthillProfessor Harthill presented her paper

on the UK and US law of workplace bully-ing at Stetson University School of Law inNovember, as part of the Florida JuniorFaculty Forum.

Professor Susan Harthill’s article,“Bullying in the Workplace: Lessons fromthe United Kingdom,” was later accepted forpublication by the Minnesota Journal ofInternational Law, spring 2008 issue.

Professor Carolyn HermanProfessor Herman (shown,

left) presented at the POW!Conference in November. Theconference is cosponsored byFlorida Community College at

Jacksonville, and the locally-based Promoting Outstanding

Writers organization. Her topic,“What You Need to Know Before YouAre Rich and Famous,” included basiccopyright law, the rights of privacy andpublicity, and literary publishing contracts.

Professor Sonya Hoener Professor Hoener’s article “Due Process

Implications of the RehabilitationRequirement in Character and FitnessDeterminations in Bar Admissions” hasbeen accepted for publication in theWhittier Law Review.

Professor Nancy Hogshead-Makar

In October, Professor Hogshead-Makar(shown, left) was asked to co-write the

NCAA’s pregnancy policies. She alsomade a presentation on “LegalDevelopments in Title IX” andreceived an Honor Award fromthe association on October 8.

In March, The University ofColorado appointed Professor

Hogshead-Makar as their Title IXConsultant. CU-Boulder agreed to createthe adviser’s position as part of the settle-ment of Lisa Simpson’s Title IX lawsuitafter the Tenth Circuit denied CU’s motionfor summary judgment.

Also in March, Professor Hogshead-Makar gave a presentation on Title IX tothe Jacksonville office of the FBI that wastelecast throughout Florida. The speechwas a part of the FBI’s celebration ofWomen in History month.

Professor John Knechtle In December, Professor Knechtle pre-

sented a paper entitled “Holocaust Denialin the European Union and the Concept of

23

Professor Thomas Hornsby

P rofessor Hornsby (shown, left) spoke onthe topic of “Judicial Ethics and Self-Represented Litigants” at the National

Judicial College on the campus of theUniversity of Nevada-Reno in September.

Professor Hornsby also presented on thetopics of “Ethical Considerations for Juvenileand Family Court Judges” and “WorkingWith and Navigating Through theInterstate Compact on the Placement ofChildren: at the National Council of Juvenile

and Family Court Judges” on the campus to the University of Nevada-Reno.In November, Professor Hornsby was elected to the office of President of the Betty

Griffin House Domestic Violence Shelter in St. Johns County, Florida.Professor Hornsby also presented on the topic of Judicial Ethics in Las Vegas,

Nevada, on December 7.The conference, entitled “Focus on Kids,An InteractiveJudicial and Legal Conference on Child Abuse and Neglect Matters,” was sponsored bythe Nevada Supreme Court Improvement for the Protection and Permanency ofDependent Children Project Committee (CIP) in conjunction with the NationalCouncil of Juvenile and Family Court Judges and the National Resource-Center-ABACenter on Legal and Judicial Issues. COASTAL

Dignity” at the First Amendment Forumhosted by Emory University School of Law,Washington and Lee University School ofLaw, and the Louis Brandeis School of Law.

Professor Michael Lewyn Professor Lewyn wrote a policy paper

for the Congress for New Urbanism(www.cnu.org) defending Portland,Oregon’s light rail system and urban plan-ning policies. The paper, available at http://www.planetizen.com/node/27270 was a response to a paper by the CatoInstitute on Portland.

Professor Charles H. MartinProfessor Martin’s article “The Electronic

Contracts Convention, The CISG and NewSources of E-Commerce Law” was publishedin the Tulane Journal of International andComparative Law, Fall 2007, Volume 16.

Professor Lynn McDowell In November, Professor McDowell served

as a member of the ABA site team doing asabbatical inspection at St. Mary’s UniversitySchool of Law in San Antonio, Texas. She iscurrently drafting the section of the reportthat will be submitted to the ABA that dealswith the law school’s Program of LegalEducation. This was Professor McDowell’ssixth ABA site visit and her fourth since join-ing Coastal Law’s faculty.

Professor Julia McLaughlinProfessor McLaughlin presented her paper

on the constitutionality of the Defense ofMarriage Act at Stetson University School ofLaw in November as part of theFlorida Junior Faculty Forum.

Professor Karen Millard In March, Professor

Millard (shown, right) deliv-ered a presentation, “AComparison of Writing inCasebook Courses and LegalWriting Courses,” at theAcademic Support ProgramWorkshop held at New York Law School.

Professor David PimentelProfessor Pimentel’s article, “Restructuring

the Courts: In Search of Basic Principles forthe Judiciary of Post-war Bosnia andHerzegovina” was accepted for publication in

the Chicago Journal of International Law.

Professor Lucille Ponte Professor Ponte published a peer-reviewed

book chapter entitled, “The Warez Scene:Digital Piracy in the Online World,” in therecently released book, Crimes of the Internet(F. Schmalleger & M. Pittaro eds. 2008). Thechapter examines highly-organized domesticand international “warez release groups” whichcompete online to illegally amass huge storesof digital media, including movies, music,games, and software programs. This workaddresses the evolution of criminal copyrightinfringement laws targeting warez traders andconsiders persistent legal and policy challengesin preventing and prosecuting online intellec-tual property theft. This chapter concludeswith several practical proposals aimed atdecreasing illegal warez trading and promot-ing a global environment that better respectscreativity and innovation.

Professor Christopher Roederer Professor Roederer once again followed a

fantastic Coastal Law team to the JessupInternational Moot Court Competitionregional finals in Miami.This regional finalwas somewhat special in that it was both thethird regional win in a row for Coastal Lawand that it was a super regional which com-bined two of the 12 former regions into one.Coastal Law’s team finished on top of morethan 20 teams from the Southeast, many ofwhich have gone to the finals in recent years.

Professor Bradley Shannon Professor Shannon’s latest article,

“Responding to Summary Judgment,”has been accepted for publication by

the Marquette Law Review.Professor Shannon was also

invited to present his paper,“Should Summary JudgmentBe Granted?” at the JuniorFederal Courts Workshop at

American University inWashington, D.C. in April.

Professor John StinnefordProfessor Stinneford’s most recent article,

“The Original Meaning of Unusual: TheEighth Amendment as a Bar to CruelInnovation,” has been accepted for publicationin the Northwestern University Law Review,Vol. 102, No. 4, 2008. COASTAL

New Faculty Appointments2007/2008Shawna BakerAssistant Professor of Law

University of TulsaUniversity of Tulsa College of Law JDColumbia University LLM

Ericka CurranAssistant Professor of Law

Evergreen State College Seattle University School of Law JD

Joanmarie DavoliVisiting Professor of Law

University of VirginiaGeorgetown University Law Center JD

Gina DonahooAssistant Professor of Lawyering Process

University of North Carolina at Chapel HillUniversity of Florida JD

Roger GrovesAssistant Professor of Law

Michigan State University Wayne State University Law School JD

Robert HornsteinAssistant Professor of Law

Washington UniversityUniversity of Arkansas School of Law JD

David PimentelAssistant Professor of Law

Brigham Young UniversityBoalt Hall School of Law/Harvard Law JDUniversity of California LLM

Lucille PonteAssociate Professor of Law

University of MassachusettsNew England School of Law JD

Gilda RussellAssistant Professor of Law

University of New Mexico Boston College Law School JDHarvard Law School LLM

John StinnefordAssistant Professor of Law

University of VirginiaHarvard Law School JD

Robert K.WalshVisiting Professor of Law

Providence CollegeHarvard Law School JD

Wenona WhitfieldVisiting Professor of Law

Illinois Wesleyan UniversitySouthern Illinois University JD

James WoodruffAssistant Professor of Lawyering Process

Texas A & M UniversitySouth Texas College of Law JD

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1999

Millie Kanyar currently serves asPresident Elect of the Northeast Florida

Board of Realtors President, and theChairman of the Public Relations

Task Force. She also manages aJacksonville-based WatsonRealty Office, and is amongtwo partners at The AffinityLaw Firm, P.L. and Tidal

Title L.L.C. Her partners areGust Sarris and Graham Syfert

both Coastal Alumni. They havetwo interns and are looking to expand.

2000

Kendra Bunn and husband GeorgeNaumovski recently welcomed daughterMilana Grace to the world on January 16,2008. Mom, dad, and baby are still residingin Jacksonville. Kendra owns an immigra-tion boutique law firm and is also formingan association with the Rogers Towers P.A.immigration department. She has beenpracticing international/immigration lawexclusively for eight years.

Denis Faubert is practicing law inOklahoma primarily in the areas of familyand criminal law. He also engages in somecivil practice.

2002

Jason Clark and Nathan Williamshave started the law firm of Clark &Williams, P.C. in Brunswick, Georgia.The firm specializes in Personal Injury,Criminal Defense, and a broad array ofDomestic matters.

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H I G H L I G H T S , P R O M O T I O N S , A W A R D S A N D A C H I E V E M E N T S

Alumni NewsDear Coastal Alumni,

Congratulations! It has been more than ten years since Coastal Law enrolledits first students, and we now have almost 2,000 alumni practicing lawaround the country and the world.

I’m proud to be the Chairman of the Alumni Association Board ofDirectors. We have 24 active, enthusiastic, and diverse board memberswho are committed to engaging in opportunities that benefit alumni.

We have many ongoing and new activities to support our growing alumnibase. I’d like to update you on a few of them:

• Monthly alumni socials. Alumni meet monthly to network, socialize, and stay informed with school events and news. So far, chapters in the 4th and 1st Judicial Circuits have socials, but with interest, additional chapters can be established.

• Coastal Law Foundation. To provide funding for students to enter the legal profession and pursue their passion for public service, we are pleased to introduce the Coastal Law Foundation.

• Florida Bar Association Annual Meeting reception. Join us at the alumni reception at the Florida Bar Association meeting. Reception sponsorships are available and support the general scholarship fund of the Coastal Law Foundation.

You can read more about these activities elsewhere in the magazine. If you areinterested in supporting these efforts, please consider joining the alumni board. Or,you may prefer to work on a committee of the board, which does not require boardmembership. Either way, now is your chance to make a difference and to build anAlumni Association like no other.

P.S. Don’t forget to mark your calendars for AlumniWeekend 2008, October 17-18th!

Warmly,Jim Farah ’99

Karen E. Millard was hired as anAssistant Professor of Lawyering Process atCoastal Law in 2006. She teaches LawyeringProcess I, Lawyering Process II, Interviewingand Counseling, Pretrial Litigation Drafting,and Professional Responsibility.

2003

Trey Anderson has spent the past twoyears working as an Assistant State Attorneyin Seminole County, FL. Before that, hespent a few years in the regulatory area of themortgage servicing field.

2004

Ernie Dukes founded andopened a title company, OmniTitle Services, in Jacksonville.

Benjamin Lowe joined BantaImmigration Law, Atlanta’s largestlaw firm devoted exclusively to the practiceof immigration and nationality law.

Bethany Reich (left) is theassociate director of Academic

Success at Coastal Law. Thisyear she joined theschool’sProfessionalism

Task Force,which is working

to increase studentawareness of professionalism

issues in the classroom and inpractice. She also spent some freetime working with the EnvironmentalLaw Community Action Team (ELCAT) onbeach clean-up and sea oats revitalization proj-ects in the North Florida area.

2005

Richard M. Sheridan and Jessica D.Jacobsen were married on July 14, 2007 at theGlassy Cliffs outside of Greenville, SouthCarolina. Richard is currently a SeniorContracts Manager for Ross Perot’s consult-ing company, Perot Systems. Jessica works inthe field of early childhood development.The couple lives on the surface of the sun inPhoenix, AZ.

2006

Rebecca Black (left) works for attorneyDavid Fletcher. She is responsible for

representing people at the localimmigration office for marriageand naturalization cases, prepar-ing asylum cases, going to depor-tation court in Orlando, writingappeals briefs to the Board of

Immigration Appeals and the 11thCircuit, and handling business immi-

gration cases. It’s never dull!

Sunshine Bradshaw (left) finished her3L year at Seattle University then moved toAlaska and clerked for a year. Finding Alaskatoo darn cold and dark, she moved back to

Olympia, WA where she is working asa government contracts procure-

ment specialist negotiating, draft-ing and managing the state’scontracts.

Carey Carmichael is anAssistant Public Defender for the

Third Judicial Circuit of Florida. Heis assigned to felony cases in the Lake

City office.

Kathleen Campbell is an LLMCandidate in International Law at theUniversity of Houston Law Center. She iscurrently finishing her thesis and expects herdegree May 2008.

Melissa Farmer (‘06) and JonathanMartin (‘07) were married in Washington,D.C. on May 24, 2008. After their honey-moon in Hawaii, they will be living inCrofton, Maryland. Jonathan works for the

Check the website at http//:alumni.fcsl.edu to see if there is achapter 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.

Martha SmithC L A S S O F 2 0 0 5

M any of you may remember MarthaSmith, but do you know from when?Was it before she started law school?

When she was attending law school? Or aftershe graduated? Martha joined Coastal Law in1996 as a librarian, helping set up the libraryand assisting students. She continued work-ing full-time, even after she enrolled in 2000.

Martha is a member of some very elitegroups. The first: Florida Coastal School ofLaw Employees with 10+ years. Second:First-time Bar Passers. Finally, and perhaps,most importantly: Coastal Law Alums!

“Getting my J.D. really helped me in mywork as a law librarian,” she said. “I have amuch better grasp of what kind of supportthe students and professors need, and I’mable to provide much better service.”

Martha enjoys working in the library, andexpects to do more teaching in the future.

“Helping prepare future lawyers to be successful members of the legal community is important work,” she said,“and I’m not

just talking about mone-tary success! I’d like tosee our alumsdemonstrate whatit means to bal-ance work, fami-ly, and service tothe community.I believe legal educators can helpteach these skills.”

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law firm Farmer & Pyles, P.A. in Waldorf,Maryland, specializing in personal injuryand criminal defense. Melissa works inArlington, Virginia, for StatesideAssociates, as Regulatory Counsel special-izing in Environmental and OccupationalSafety and Health Law.

Jason Foust is currently an AssistantState Attorney for the Twelfth Circuit inSarasota, FL.

Stephanie Harriet (right) beganworking for the Duval County Courthouse,Probate Division in 2006 as the JudicialLaw Clerk for the Honorable PeterL. Dearing. In spring 2007,Stephanie began working forFord, Bowlus, Duss, Morgan,Kenney, Safer & Hampton,PA as an associate in theirEstate Planning Department.In January 2008, Stephanieopened her own firm, practic-ing in Probate, Guardianships,Estate Planning and Elder Law.

Kristin Kubala is practicing family lawwith a small firm in Marietta, Georgia.

Keith Schellack is currently in the USArmy JAG Corps stationed at Fort Hoodin Texas. He will be deployed to Iraq forthe next year.

Chris White lives in Bostonand enjoys the “best job ever”as a financial planner locatedin the heart of the city. Chrisalso travels all over the coun-try to meet with clients in

several states, includingFlorida.

2007

Bradley Blair and Alyssa Weinbergwere married on August 11, 2007 inBirmingham, AL. Bradley is an associateat Murphy & Anderson, P.A. and Alyssais a Media Planning Supervisor at St. John& Partners. They honeymooned in Negril,Jamaica, and currently reside inJacksonville, FL.

Angela Tompkins has been retainedas the in-house legal adviser for the Mt.Calvary Missionary Baptist Church ofJacksonville. She has been afforded theopportunity to join forces with localdomestic violence abuse organizations inan effort to combat the issue of domesticviolence; specifically as it relates to churchculture.

Rob Riva (left) began working forHolland & Knight, LLP as an associate in

the firm’s real estate and publiccompanies and securities prac-

tice groups. He will be get-ting married June 28 to hisfiancé Caroline.

Jeff Close is anAssistant General Counsel

in the Enforcement Sectionof the Florida Department of

Environmental Protection (DEP)in Tallahassee. He litigates RCRAenforcement cases and hazardous waste

27

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.

http://alumni.fcsl.edu

8 Great Reasons to Get Involved!

While keeping in touch with friends and faculty is a great reason to beinvolved in the alumni association and its chapters, there are some tangi-ble benefits to helping the association achieve its goals.The current board

initiatives help increase Coastal Law’s reputation and stature nationwide, improvingthe value and prestige of your degree every day:

By helping in recruiting and attracting highly qualified students through visitingpre-law advisors at your alma mater and by contacting prospective students totalk about your experiences at Coastal Law;

By working to support alumni in seeking local and state Bar governance roles toincrease the reputation and stature of the school in your state and nationwide;

By assisting and welcoming recent graduates to the legal markets in communities throughout the United States;

By focusing on developing new or “young” alumni and creating mentoring opportunities for more experienced alumni;

By providing alumni with social and business networking opportunities throughout the year including Alumni Weekend, the Florida Bar Annual Meetingreception, or in your local alumni chapter;

By helping create “future alumni” by mentoring students preparing forthe Bar in Florida and in your state;

By helping establish and fund scholarships and public service grantsopportunities through the Coastal Law Foundation;

By encouraging our alumni to distinguish themselves and Coastal Lawin performing pro bono service and by exhibiting extraordinary profes-sionalism in their communities.

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cleanup cases on behalf of the DEP. He alsoreviews consent orders and notices of viola-tions before they are served. Jeff ’s article,Redeveloping Florida: United States SupremeCourt Says No Time is Better than Now, hasbeen accepted for publication in the June2008 issue of the Florida Bar Journal.

Herb Smith is a patent attorney workingin the Jacksonville office of Allen, Dyer,Doppelt, Milbrath & Gilchrist, P.A. They’rean Orlando-based intellectual property firm.

Kevin Moore has a paper, “Seized byNature: Suggestions on How to Better ProtectAnimals and Property Rights under theESA,” that has been accepted for publicationin the Spring 2008 issue of the Great PlainsNatural Resources Law Journal (University ofSouth Dakota Law School).

Louise Ambrose is an in-house envi-ronmental and land use attorney for Genesis

Group in its Jacksonville office. Genesis is aprivate Architecture, Engineer, Planning,and Land Development firm. In April, shepresented at a Zoning and LandDevelopment Law CLE in Jacksonvillewhere she discussed recent develop-ments in Florida land use law.

2008

Joanna Wymyslohas been accepted intothe LLM inEnvironmental Law andNatural Resources Lawprogram at Lewis & ClarkLaw School in Portland,Oregon. She will begin herLLM studies in the Fall of 2008.

Ryan Matthews has been accepted intothe LLM in Environmental and Natural

Resources Law and Policy program at theUniversity of Denver, Sturm College ofLaw. He will begin his LLM studies in theFall of 2008.

Births

Heather Reynolds ’02and her husband JustinWinarchick are living in“baby bliss,” havinggiven birth to MadelineRhett Winarchick (left)on March 28.Measuring in at 20-3/4”

and 7.3 lbs, Madeline is a“cutie.”

In Memoriam:

Coastal Law Adjunct Professor SteveWalsh passed away on March 16, 2008.Professor Walsh relocated to the NorthFlorida area after a long and distinguishedcareer in the investment management andbrokerage industries. He very much enjoyedteaching Coastal students courses in SecuritiesRegulation and Investment ManagementRegulation. His enthusiasm and warm per-sonality will be greatly missed. COASTAL

SAVE THE DATEAlumni Weekend 2008

October 17-18, 2008

C lark A. D.Wilson recently joined the Intellectual Property firm of Gardner, Groff,Greenwald & Villanueva PC in Atlanta, Georgia, where he primarily focuses onDomestic and Foreign Patent Application Prosecution. For the layperson, that means

he evaluates the technical and structural aspects of inventions. He also assists in the acquisitionof trademarks for startup and established companies.

“I really enjoy being a patent attorney,” said Wilson, who has an engineering back-ground.“My clients are all happy to see me because they think they have a multimilliondollar invention.”

Taking an active interest in Coastal Law’s growth in both size and reputation,Wilson said hewould eventually like to organize an Atlanta-area chapter of the Alumni Association.

“I would because I see Florida Coastal as being similar to my career: we’re both young andwe’re both growing,” he said.“And it’s just nice to stay involved and say I’m proud of the school.It makes your degree more valuable.”

From time to time Wilson gets call from current students who are interested in patent law.He gladly helps when he can because, as an aspiring attorney not too long ago,Wilson said heremembers writing to attorneys he’d never met asking them for advice. Most never responded,but a precious few did.

“I make it a point to help them out when I can,” he said,“because I might not be where Iam today if no one took the time to help me.” COASTAL

Clark A. D.Wilson C L A S S O F 2 0 0 5

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C O A S T A L L A W P H O T O R O U N D U P

SnapShots

Coastal Alumna Judi Setzer withformer Jacksonville Jaguar TonyBoselli, attorney Charlie Towers,and Coastal Law students PrestonOughton and Sean Belmudez

Jarahn Newman, Rebecca Black and Millie KanyarBradley Blair and Rob Riva

Fraz Ahmedand BethanyReich

StephanieHarriett,Coastal LawDirector ofInstitutionalAdvancementMargaret Dees,and CarrieMcClain

Above: HeathBrockwell ofCamerlengo &Brockwell, P.L, withassociate andCoastal alumnaEmily Brown.

Left: Dorie Ortiz,JoAnne Yau and Jim Farah

A C O N V E R S A T I O N W I T H C O A S T A L L A W ’ S E M I L Y T R A C Y

Q&AWelcome Emily Tracy, Florida Coastal School of

Law’s development programs manager. As part ofher role with Coastal Law, Emily is responsible forhelping advance the mission of the school bydeveloping relationships with alumni, parents, stu-dents, and the community. She’ll also be instru-mental in identifying strategic giving opportuni-

ties, and securing financial resources that sup-port them for The Florida Coastal School

of Law Foundation.Emily is new to Jacksonville,

having grown up in Washington D.C.,and lived in Seattle for several years.She’s also a newlywed.

QWhat were your first impressions of Coastal Law?

ACoastal Law struck me as a growing organization with a clearcommitment to providing a top-notch legal education to a

wide array of students. During my first few weeks, I could see thepride that staff and faculty take in their roles developing futureattorneys. I was particularly impressed by the breadth and depth ofthe clinical programs. Coming to Coastal Law with a background inserving at-risk, low-income individuals, I was pleased the clinicsprovide both practical experience and the opportunity to serveunderserved communities.

Q What kind of experiences do you have in the development field?

AThere’s an old adage that fundraising is “part art, part science”because it requires a careful balance of both people skills and

technical skills. Based on the near decade of experience I’ve had work-ing in the development field, I’d agree. Development activities rangefrom meeting with donors to discuss their giving interests to analyzinglarge sets of complex data.

I’ve also worked in organizations of all sizes tackling many differ-ent issues of society. These include a small grassroots group address-ing food safety issues, a large international organization focusing onmarine conservation, and a multiservice agency helping people withdisabilities to live better lives. Although higher education is a newfield for me, I look forward to using my background and skills at TheCoastal Law Foundation.

QWhat are your goals for the foundation? How do you planto achieve those goals?

AMy goals are to launch, promote, and enhance The CoastalLaw Foundation to the fullest degree possible. To do that, we

market the Foundation’s existence, the need for having one, the giv-ing opportunities, and most importantly, what will be differentbecause of private donations.

We’re also creating an annual fund, which is a year-roundfundraising program to raise money to provide additional scholar-ships, loan repayment assistance grants, and strategic programs atthe school.

Because we’re establishing a foundation from the ground up, ourplans range from basic infrastructure to employing sophisticated andsavvy fundraising techniques. For example, we’re creating policiesand practices associated with all aspects of the foundation that willensure it is smoothly operated. With the nuts and bolts in place,we’ll develop multi-year operational plans for the foundation thatoutline our day-to-day activities and, in coordination with the foun-dation board of directors, a long term strategic plan. We’ll also refinevarious marketing and communication tools that describe the foun-dation and its goals. Last, we’ll rely on tried-and-true fundraisingstrategies.

Q How can alumni get involved with the foundation?

A Our alumni will be significant in helping us achieve ourgoals because of their connection to the law school. More so

than any other audience, they understand the value of a CoastalLaw education and the role the school played in their path tobecoming attorneys. We are already developing relationships withmany of our more than 1,600 alumni. With the foundation inplace, we will also provide them with opportunities to participatein the annual fund. Alumni will be the single largest group ofannual fund contributors. They will have the greatest affect on theannual fund’s success.

Q You got married this year. What’s more stressful? Planning a wedding, or planning for the foundation?

A That’s a tough one. While each can be stressful at times and certainly requires a great deal of careful planning, I think the end

results for both are quite rewarding. One difference that comes tomind is that I probably won’t smush cake in anyone’s face when thefoundation is launched! COASTAL

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

Thursday, June 19, 2008During the Florida Bar Annual Meeting

at the

Boca Raton Resort & Club in Boca Raton, Florida

Alumni ReceptionCOA S TA L L AW

Join your friends and colleagues at the Annual AlumniReception during the Florida Bar Annual Meeting at the BocaRaton Resort & Club. Whether attending the Bar meeting ornot – join your colleagues from around the country for thisgreat annual event. Sponsored by your Alumni Board ofDirectors and members of the Alumni Association, this year’sevent continues a great tradition.

Thursday, June 19, 2008 • 6:30-7:30pm • Grand H Room

Please RSVP to fcslalumni@fcsl.edu or call 904.256.1212

Sponsorship proceeds support the general scholarship fund of the Coastal Law Foundation.

n Gold Sponsor n

n Silver Sponsor n

Rebecca Black ’06Imani A. Boykin ’05

William C. Devereux ’00

Ruth K. McDonald ’04

n Bronze Sponsor n

Millie S. Kanyar ’99, Affinity Law FirmJohn Leombruno ’04Michael Fox Orr ’05

Robert Riva ’07Judith L. Setzer ’03

n Supporter n

Jo-Anne Yau ’04

SIDDIQUI LEGAL ENTERPRISE

Presorted StandardU.S. Postage

PAIDJacksonville, FLPermit #610