Coastal Law Magazine - Spring 2013

Moving Forward

School launches logistics programs Page 9

Leader of the Pack Alum elected president of Florida Bar YLD Page 19

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Programs in Transportation and Logistics Law

In May 2013, Florida Coastal School of Law will introduce a number of innovative online offerings, including certificates for lawyers and non-lawyers, as well as the country’s first LL.M. in Transportation and Logistics Law. Students who complete our programs will possess the regulatory knowledge and the management skills to work with government and environmental regulators, organized labor, and logisticians transporting goods.

Classes begin May 2013.

Coastallaw.info/logistics

For additional information on the logistics program, contact:

Prof. Rod Sullivan Director of Graduate Programs 904.256.1240 rsullivan@fcsl.edu

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Coastal Law Magazine | Spring 2013

intracoastal SPRING 2013 | VOL. 6, NO. 1

Coastal Law and Jacksonville University Develop JD/MPP Degree

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Business Law Certificate Added to Curriculum

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Issue focus:

Florida’s Founding & Future

The Sunshine State of Confusion

By Gerald Moran, Professor of Law Illustration: Karen Kurycki CMYKAREN

DEPARTMENTS 6

News & Events

20 Faculty Spotlight 22 Alumni 31 Special Feature 32 Snapshots 34 Q & A

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Publisher C. Peter Goplerud III, Dean and Professor of Law

BOARD OF ADVISORS F L O R I D A C O A S TA L S C H OO L O F L A W Barbara “Babs” Strickland, Chair The Suddath Companies Audrey McKibbin Moran Senior Vice President of Social Responsibility and Community Advocacy Baptist Health Henry M. Coxe III Director Bedell, Dittmar, DeVault, Pillans & Coxe, P.A. Paul I. Perez Executive Vice President and Chief Compliance Officer Fidelity National Title Group, Inc. Robert M. Rhodes Of Counsel Foley & Lardner LLP Kenneth L. Shropshire David W. Hauck Professor Wharton School of the University of Pennsylvania Paul Vance Senior Vice President of Football Operations and General Counsel Jacksonville Jaguars

Editor J. Brooks Terry, Director of Marketing and Communications Managing Editor Margaret Widman Dees, Director of Institutional Advancement Contributors Lauren Griffith Alan Smodic staff writer Corie Biandis Design and production BroadBased Communications, Inc. Photography Jim LaBranche Heather Blanton MAIN NUMBER 904.680.7700 admissions 904.680.7710 admissions@fcsl.edu alumni 904.256.1212 fcslalumni@fcsl.edu Marketing and communications 904.680.7730 bterry@fcsl.edu registrar 904.680.7631 registrar@fcsl.edu institutional Advancement 904.680.7649 mdees@fcsl.edu Coastal Law Magazine is published by the Florida Coastal School of Law Office of Institutional Advancement.

Address correspondence to: 8787 Baypine Rd. Jacksonville, FL 32256 Telephone: 904.256.1212 Fax: 904.256.1104 Email: fcslalumni@fcsl.edu Web: www.fcsl.edu or http://alumni.fcsl.edu

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Coastal Law Magazine | Spring 2013

Give.

Law school tuition represents a great financial and emotional commitment, but by reducing student debt, we can help ensure student success after graduation and into practice. Through our Annual Scholarship Fund, we will now be able to provide direct support to Florida Coastal School of Law students. Our alumni and friends - leaders in the legal, business, and public arenas - are Coastal Law’s most valuable ambassadors.

We ask for your gift and for your thoughtful consideration, we thank you.

To make a donation or learn more visit http://alumni.fcsl.edu/GiveNow

LAW

F L O R I D A

COASTAL SCHOOL OF

F O U N D AT I O N

Florida Coastal School of Law Foundation is an independent 501(c)(3) nonprofit organization supporting student scholarships and programming at Florida Coastal School of Law. Your contribution is tax deductible to the fullest extent allowed by law.

Need more copies or back issues?

Contact the Alumni office at 904.256.1212 or FCSLALUMNI@FCSL.EDU

Coastal Law Magazine | Spring 2013

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news & events A CAMPUS-WIDE ROUNDUP OF HAPPENINGS AND ACTIVITIES

Coastal LAW and Jacksonville University develop JD/MPP degree

On Wednesday, December 12, Coastal Law Dean Peter Goplerud and Jacksonville University President Kerry Romesburg signed an agreement, making official plans to offer Florida’s first joint Juris Doctor and Master of Public Policy (JD/MPP) degree.

Beginning in fall 2013, the JD/MPP program will be designed to meet the needs of students who seek careers in government, politics, nonprofit management, and other fields.

and leadership among others, the JD/MPP program will give students a more tailored education that will provide a competitive advantage when entering their field. Taking only four years to complete, the program shortens the amount of time it would take to pursue each degree individually and is accomplished through the collaborative work of each school’s advisors. Each student will meet jointly with JU and Coastal Law to develop his or her individual academic plan.

“This JD/MPP program offers an unparalleled combination of legal and public policy education not found anywhere else in the state of Florida,” said Terri Davlantes, Coastal Law vice president of strategy and general counsel. “Much like our other partnerships ​ with Jacksonville University, including our JD/MBA degree program, this new initiative represents a wonderful joint effort between our two schools.”

“If you wanted these two degrees and you were taking them at different schools there would be no coordination of effort,” said Danielle Noe, assistant dean of academic affairs. “Getting both degrees would be very difficult – if it was even possible. In this situation it will simplify the program greatly for the student. Both schools have a vested interest and an understanding of how to make this successful for the students.”

Featuring courses in economics, political science, statistics, quantitative analysis, ethics

Applicants to the JD/MPP program will be required to meet the entrance requirements for

both programs and must be formally accepted into each institution. Students will be able to transfer credits from each program to more efficiently attain their degree. For example, 12 of Jacksonville University’s MPP program credit hours will transfer into a student’s 90 credit hours required for their JD degree.

In their first year, students will complete the entire first-year curriculum in either the JU MPP program or the Coastal Law JD program. In their second year, the other school’s first-year curriculum will be completed. In the third and fourth years, students will take a mix of law and policy courses.

“This collaboration will better enable both institutions to attract students from a broader geographical area,” said Rick Mullaney, the JU Public Policy Institute Founding Director.

“It advances our mutual goal of developing leaders of communities and organizations of tomorrow.”

Florida Coastal’s Terri Davlantes and Peter

Goplerud, with Jacksonville University’s Kerry

Romesburg and Rick Mullaney sign agreements at

Jacksonville University for the joint Juris Doctor and

Master of Public Policy (JD/MPP) degree program.

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Coastal Law Magazine | Spring 2013

School appoints Experiential Learning Dean to enhance practical experience programs

In fall 2012 Coastal Law named faculty member Rosa DuBose as its interim Dean of Experiential Learning to expand the school’s existing experiential learning programs, as well as to create new opportunities to further the law school’s commitment to prepare graduates for the practice of law.

DuBose, who will reach her 10-year anniversary with Coastal Law in August, accepted the position as an opportunity to become more involved with the students and to aid the growth of an area in legal education she is passionate about.

“We want to give them a head start on getting their legal work experience,” said DuBose. “We know from our research that experiential learning or legal work experience prior to graduation is the key to getting employment – particularly if they have 400+ hours. We want the students to be able to hit the ground running.”

“

Rosa DuBose, Interim Dean of Experiential Learning.

We want to give them a head start on getting their legal work experience ... We want the students to be able to hit the ground running.

”

Having already helped increase courses where students can get experience in multiple areas through two-week rotations of diverse topics, DuBose plans to grow all experiential programs including externship placements, the shadow program, pro bono opportunities, the research bureau, and the legal clinics.

“I have had many students come into the trial practice class who thought they wanted to be litigators,” said DuBose.

“After they went through the course they would come to me and say ‘Dean DuBose, thank you for this opportunity, but now I know I don’t want to be a litigator - this is definitely not my thing.’ Experiential learning helps them know what their strengths and weaknesses are and what skills they have.”

Currently, Coastal Law allows students to take nine credit hours of externship work.

DuBose is hoping to increase that number to potentially 18 credits (the highest that ABA allows) in order to give students the most comprehensive and diverse legal education possible before entering their field.

“In today’s market you don’t know where you’re going to end up,” said DuBose. “We obviously like to direct students toward their interests because we want them to be happy, but so many times you think you want to go into a certain area and then things in your life change. The broader experience we can give them in multiple areas of practice makes them more marketable. It helps them to develop those areas of practice in which they truly have an interest.”

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news & events Business Law Certificate Added to curriculum Florida Coastal School of Law now offers a Business Law certificate that incorporates practical experience with current business industry leaders.

The program features courses on businessrelated practices including tax, intellectual property, corporate law, and the business aspects of sports. With a current enrollment of more than 20 students, the program offers a competitive advantage for students interested in acquiring current and relevant skills for today’s business law market.

“I recommend this program because there is evidence that firms and corporations look favorably on students with a business concentration,” said Professor Roger Groves, director of the Business Law program. “The program facilitates getting more students exposed in value-added ways to appeal to potential employers.”

In the certificate program, students will select from four tracks - business, tax, intellectual

property, and the business aspects of sports.

They will be taught by practiced business law faculty members who collectively have decades of qualitative private practice experience including representation of multinational corporations in multi-million dollar transactions as well as small businesses.

The Business Law certificate is designed primarily to provide comprehensive course selection and sequence analysis for business-minded students as well as the freedom for students to select an emphasis of their choosing. The program concentrates heavily on connecting students’ course work with issues most valued by potential employers specifically in fields like generating revenue, minimizing taxes, protecting assets, and saving the entity and key employees from liability.

The program has already gained prestigious collaborators including the business firm of Rogers Towers, which has submitted some of its current issues that will be infused into Coastal Law’s curriculum.

Because of this real-world interaction, students are able to establish relationships with the firm and also add value to their education in the current market.

During spring 2013, the program will launch a new blog, titled Coastal Updates for Regulatory and Business Law (“CURB”), which will feature primarily students from the sports and business programs. There are already more than 360 targeted business lawyers in Florida that will be recipients of the posts within firms and corporations that may be potential employers. The blog will also be available to the general public and select undergraduate and graduate schools with law-related programs.

“

The program offers a competitive advantage for students interested in acquiring current and relevant skills for today’s business law market.

”

“I have been impressed with the level of enthusiasm from the students and the able assistance of librarians, professors, and career services,” said Professor Groves. “There is much more to do, and the program should evolve.”

Professor Roger Groves, Business Law certificate students, and attorneys from the business firm of Roger Towers met in February to discuss issues from the firm’s current cases.

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Coastal Law Magazine | Spring 2013

School launches Transportation and logistics programs Beginning in the summer of 2013, Florida Coastal will offer several online Transportation and Logistics programs, including the country’s first Logistics LL.M. Administrators say they plan to align with the business and transportation industries in Northeast Florida, including the Jacksonville port, to give students a competitive advantage in the many diverse areas of logistics including transportation law, international logistics, materials management, immigration law, and maritime law.

“Jacksonville is the ideal location to launch a program like this,” said Terri Davlantes, vice president of strategy and general counsel.

“We are really attractive to businesses who are bringing goods in from around the globe because we are well connected by rail and land transportation.”

“Likewise, the Panama Canal is getting ready to expand in 2014 to take in larger and wider ships that can hold more cargo, so we’re

hoping to capture a lot of that business in our Jacksonville port.”

Davlantes added Jacksonville is also home to major distributors, including CSX Corporation, Landstar, and Crowley Maritime Corporation.

“As the discourse will take place online outside of a more traditional classroom setting - the courses will be structured to encourage the most interaction between students and their classmates and faculty,” Davlantes said. “Students will be required to participate in discussion boards and group projects in addition to a training program to assure all students are prepared for online coursework.”

Students will also have the option of an independent research project and an externship, she said.

Hoping to have an enrollment of 30 students in its first semester, Florida Coastal will offer three Transportation and Logistics programs.

The first, a 24-credit hour LL.M. program, will take full-time students one year to complete.

In addition, a Transportation and Logistics Law certificate will be offered to lawyers, and a Transportation and Logistics Regulation certificate available for non-lawyers. Both certificates will be 12 credit hours, and all three programs require students to maintain a 2.3 cumulative GPA. Administrative Law for Transporation Professionals and International Business Transactions for Transportation Professionals are required courses for all three programs.

The remainder of an individual student’s program will be made up of mostly twocredit-hour courses and will be chosen by the student from a group of approved classes.

“This program will achieve both book knowledge and practical knowledge through the combination of [Florida Coastal] professors and industry leaders,” said Davlantes. “We want to expose students to a rapidly growing area with a wide variety of career options.”

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news & events Student gains U.S. Supreme Court litigation experience through D.C. internship Second-year Coastal Law student and Moot Court Honor Board member Dino Perakis recently completed an 11-week summer internship with Safari Club International through the Legal Studies Institute (LSI) in Washington, D.C. For the past 40 years, LSI has been providing competitive internship programs, which enable students to receive college credit, hands-on experience, and access to guest lectures and networking events.

The program requires a two-week Constitutional Law course and matches first- or second-year law students with internships based on their experiences and interests. Perakis was placed with another intern, Steven Vandercook, and worked within the Litigation Department of Safari Club International, a 55,000 member organization that seeks to protect hunters’ rights and promote wildlife conservation.

“I didn’t know anything about animals and I’m not a hunter. I’m a Republican - that’s the closest I am to being a hunter,” said Perakis, who had previously taught English in Seoul, South Korea, and so was no stranger to embracing unfamiliar territory. “I had no idea how wide the range of the topic was. It was amazing to me how one issue can have people working together on such a large scale. I never thought I’d be part of a team that wrote anything for the Supreme Court, and to do that was amazing.”

Perakis, a Daytona Beach native and graduate of Florida State University, worked under the Safari Club’s Director of Litigation Anna Seidman, who had Perakis and Vandercook prepare testimony for congressional committee hearings and even

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Coastal Law Magazine | Spring 2013

edit and draft documents for Safari Club’s amicus curiae brief to the U.S. Supreme Court. Within her mentorship, Seidman also helped them further their legal writing, researching, cite-checking, and paralegal skills.

Perakis an d U.S. Repr esentative Newt Gingr ich.

“[Seidman] was just so nice and her writing is phenomenal,” said Perakis.

“She is a supreme litigator and it was cool to see everyone at their best. I feel like D.C. is the major leagues of policy, and it just felt really cool to be in that environment.”

“

I never thought I’d be part of a team that wrote anything for the Supreme Court, and to do that was amazing.

”

e Antonin ssociate Justic Perakis and A ton, D.C. ouse in Washing th ur co it ex lia Sca

This internship has become a motivating experience and reassured him of his plans for after graduation.

He said the best part of interning was making new connections, enjoying the pace of D.C. and getting involved in events like the Congressional Baseball Game where he met Ron Paul and Nancy Pelosi.

“I think the best advice is not to rely on other people to do anything. Go out, meet new people, and don’t be scared of a new environment because it’s uncomfortable. You just have to get out there,” he said.

Perakis a nd Congr esswoman at the C Nancy Pe ongressio losi nal Baseb all Game.

Legal Clinic assists alumna in win of decade-old case A 2010 alumna, the Coastal Law Legal Clinic Fellow, and the school’s Immigrant Rights Clinic recently made headlines after receiving the decision that their client, a mother of six and U.S. resident for 25 years, had been granted permanent residency in the United States.

“I thought that this would be an amazing case for students to have the opportunity to work on,” said Winston. “For a lot of students this is their first practical experience, and they realize the power they have as future attorneys. They learn that their advocacy and representation of clients really does make a difference.”

The immigrant mother was detained by Immigration and Customs Enforcement (ICE) then transferred to an immigration defense facility – the Baker County Jail – after being arrested for violating a noise ordinance and resisting arrest without violence. There she encountered Coastal Law alumna Karen Winston at one of her free “Know Your Rights” presentations, provided as part of Jacksonville Area Legal Aide (JALA) and the Baker Defense Project. After attaining the client’s release from detention on bond, Winston sought out the help of the Legal Clinic.

To be granted Cancellation of Removal for Non-Lawful Permanent Residents, individuals must prove their qualifying relatives will suffer “exceptional and extremely unusual hardship” after deportation. The clinic students, Danitza Gonzales, Collin Coakley, and Eric Ortiz, worked together with Winston and Clinic Fellow Vanessa Bernadotte to research and present a case to the judge.

“It’s nice to see the transformation and the development of their [the students] advocacy and writing,” said Bernadotte. “To see them connect to cases that are focused on helping

the indigent population and how that changes them. We hope that once they graduate and start practicing they will think about that population whether it’s in the form of pro bono employment, pro bono representation, or maybe even taking on a case or two.”

Through the hard work and determination of Winston, Bernadotte, and the student clinicians, the immigration judge ruled in the client’s favor, granting her Cancellation of Removal and terminating removal proceedings. The client is now officially a lawful permanent resident of the United States.

To donate to the Baker Defense project please visit https://app.etapestry.com/hosted/ JacksonvilleAreaLegalAidI/OnlineDonation. html. Be sure to type “Baker Defense Project” in the comments section.

Professors win ABA Award Florida Coastal has received the ABA Military Pro Bono Project Outstanding Services Award for the pro bono representation of military servicemembers

by Professors Laura Boeckman, Natalie Tuttle, and Sarah Sullivan. This award comes from the Standing Committee on Legal Assistance for Military Personnel (LAMP). National recognition by the ABA is a testament to the faculty of Florida Coastal and the outstanding work of Boeckman, Sullivan, and Tuttle.

“Anytime my expertise can be of assistance, whether it’s through the Wounded Warrior Project or through ABA, I feel compelled to do it,” said Sarah Sullivan. “I really enjoy doing it and I feel it’s a way I can give back. If there’s any way that we can assist them, whether it’s legal assistance or otherwise, we have a duty to help them because they’ve sacrificed so much for our freedom and for our way of life.”

The LAMP committee reserves annual awards for individual attorneys, law firms,

and corporate law departments that have provided extraordinary pro bono services through the ABA Military Pro Bono Project.

Professors Sarah Sullivan, Laura Boeckman, and Natalie Tuttle.

Award winners are determined by the number of All three professors share connections to pro bono cases accepted and the number the military in their own families and enjoy of hours reported for completed cases. utilizing their knowledge in order to make life For this award, Professor Boeckman easier for servicemembers and their families. provided servicemembers with assistance in consumer law cases while Professors “I know how much I appreciate it when Sullivan and Tuttle specialized in family law. someone helps out my husband,” said Laura Boeckman. “There’s not a whole lot I “They deserve it – they go into harm’s way for can do outside the legal profession to help us,” said Natalie Tuttle. “They sacrifice a lot people. This is something that I can do for us. I see a lot of servicemembers who are that not everyone can do. It is just nice to overseas while their wives are pregnant. It’s make such a big difference in somebody’s hard for them – they shouldn’t have to worry life with something that is within my realm of about their families and what’s happening expertise and comes relatively easy to me.” at home. It’s just the right thing to do.”

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cover story

illustration by Karen Kurycki

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by Gerald Moran, Professor of Law

On October 19, 2012, Florida Coastal School of Law sponsored a symposium celebrating the 200th anniversary of the adoption of the Spanish Constitution of Cádiz. This constitution applied to citizens of Spain and all of its colonies, including Florida. This moderately liberal document is, and will always be, considered the first constitution of Florida. Indeed, an obelisk celebrating the adoption of the Constitution was given to the City of St. Augustine. Despite subsequent orders by the Spanish authorities to destroy the monument, it was nevertheless preserved, unlike the other monuments commemorating the Constitution of Cádiz. It still stands in St. Augustine as a unique historical piece of Florida’s heritage.1

illustration by Karen Kurycki

Professors John Knechtle and Mathew C. Mirow2 organized an academic gathering to discuss the historic importance of this unique constitution. The keynote address was provided by the Spanish Consul of Puerto Rico, Eduardo Garrigues.

Consul Garrigues provided an overview of the details leading to the adoption of this new proclamation that delivered mildly increased liberty to Spanish citizens.3 The provisions of the constitution were formally debated and adopted by the Cortes (a Spanish legislative assembly) in Cádiz during the years 1810-1812. Spain was then engaged in a difficult struggle for its survival against the army of Napoleon Bonaparte (Bonaparte). That Spain became involved in war with France, formerly a close ally, reveals a deeply failed military assessment by Bonaparte. In a real sense, his assertion of political authority over Spain and the appointment of his brother, Joseph Bonaparte, as the new Spanish Emperor, constituted perilous and important factors that ultimately led to Napoleon Bonaparte’s military demise at Waterloo. Ironically, these events also provided the opportunity for the creation and adoption of the Constitution of Cádiz.

I will briefly address two separate but related issues.

First, what was Spain’s legal basis for claiming the Florida territory as its colony? Secondly, what circumstances allowed a broad representative assembly of Spanish subjects (the Cortes) to meet in Cádiz? The purpose of the gathering was to adopt a constitution that limited the powers of an absolute monarchy and to place sovereignty in the people. There are other important questions, including whether the United States actually seized the Florida territory despite the formal negotiation of the Adams-Onís Treaty of 1819-1821? What were the actual boundaries of West Florida and whether West Florida was included in the Louisiana Purchase of 1803, as argued by the United States? These questions also touch the security of title acquired by individuals during the periods that Spain (1513-1763, 1783-1821) and Great Britain (17631783) possessed the Florida territory. Would these prior conveyances be recognized by the United States after it acquired Florida in 1821? While important to the larger discussion of the Florida territory, these pointed questions will be addressed in future publications.4

Spanish Discovery of the Florida Territory During the late fifteenth and early sixteenth centuries, Portugal and Spain became the seafaring powers of Europe and competitors in the exploration of the world. Christopher Columbus and his brother, Bartholomew, were experienced sailors possessing imagination and ambition. They desperately sought financial support from the sovereigns of Portugal and Spain to finance an exploratory voyage westward to find the fastest route to India.5 Despite having successfully located numerous Caribbean islands (the Bahamas, Cuba, San Salvador, Jamaica, Lesser Antilles, and Puerto Rico, among others),6 Columbus died believing he had been charting the islands off the east coast of Asia.7 Of course, the most challenging grade school question immediately arises: why were the continents of North and South America named America instead of Columbus? The short answer is that Columbus never landed on nor identified either of the American continents. The more precise answer is that Amerigo Vespucci identified and charted the southern coast of the then unnamed continents, and this achievement resulted in his claim to fame. For public dissemination of Vespucci’s achievements, however, it fell to the publisher and cartographer, Martin Waldseemüller. He published a small book detailing Amerigo Vespucci’s geographic discoveries and later attached the explorer’s name to a map of the new continents. Both of these publications (book and map) were quickly circulated to the public in relatively large quantities for the time, and the rest of the story is truly history.8 The actual location of Florida occurred more than two decades after Columbus’s first journey west. By then, there were many enterprising explorers from Spain and Portugal seeking gold and other valuable resources. The list of the many courageous explorers representing the interests of Spain during the late fifteenth and sixteenth centuries is legendary. The notable explorers, among others, include: Christopher Columbus landing presumably in the Bahamas and Cuba in 1492;9 Juan Ponce de Leon in 1513 (landing possibly around Cape Canaveral), who named the territory La Florida;10 Diego Miruelo in 1516 (landing in Tampa Bay);11 Francisco Hernández de Cordova, who traversed large portions of the southern and western United States;12 and finally, Alonzo Alvarez de

Coastal Law Magazine | Spring 2013

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Piñeda, who mapped the Gulf Coast and determined that Florida was a peninsula, not an island.13 All of the aforementioned, other than Columbus and Cordova, landed on or observed some portion of the territory that would eventually become part of the State of Florida.14 By far, the most important to Florida of these explorers was Ponce de Leon, who was responsible for the first recorded identification of the territory in 1513.15 In celebration of Ponce de Leon’s achievement, Florida will celebrate the 500th anniversary of his identification of the Florida territory. Like the other Spanish explorers representing the Crown, Ponce de Leon “took possession of the land for his sovereign in a stylized ceremony.”16 By such liturgical act, it was publicly affirmed that the explorer was acquiring the land solely in the name of the sovereign. This formalized process of acquisition on behalf of the sovereign both reeks of feudalism and embellishes the sovereign’s claimed entitlement.

I have explicitly used the reference points of location or identification rather than discovery. How does a foreign national sovereign discover territory through his or her appointed delegate when the land is already inhabited by indigenous people? This can happen only if we apply the standard mechanism of a legal fiction. This leap of conspiratorial inspiration or improvised rationalization is premised on a false statement of fact; i.e., a legal assessment made solely from the Euro-centric perspective that an alleged act of discovery occurs whenever an alleged new location of land was previously unknown to western civilization even though it is inhabited.

Obviously, this often-cited European rule of law applied despite the fact that the allegedly newly discovered land was presently occupied.

The frequently reiterated claim of ownership by discovery was a useful legal fiction because it allowed the more advanced and powerful countries of centuries past to seize and claim ownership of already occupied land.

The narrative itself is factually disingenuous by confusing the idea of finding land heretofore unknown and uninhabited with the act of locating of land that is currently occupied by indigenous people. This legal obfuscation (sleight of hand) converts easily into a black letter rule of law that is deceptively satisfying for first-year law students. What is a more accurate description, however, is that the territory in question was conquered by force. But the law does not happily accept an act of power as the basis for ownership. Naturally, the judiciary is reluctant to invoke power as the basis for entitlement because it attaches legality to an egregious act of violence.

The rule of law that discovery under these circumstances, apart from the reality of the act of conquering, is a basis for ownership may be a reassuring learning experience for the law student, but the rule is completely indifferent to the concept of justice. The incongruity between what law students hear at graduation ceremonies and their first weeks of law school classes could not be more diametrically contrasted. It may, nevertheless, be a succinct overture to their future development as lawyers. Moreover, this rule of law is fully entrenched in decisions of the United States Supreme Court. To understand the basis of this proposition of law we need to review in part the infamous decision rendered by Chief Justice John Marshall in Johnson v. M’Intosh.17

Johnson v. M’Intosh-Chief Justice John Marshall The Supreme Court of the United States was faced with the question of whether Native American tribes possessed the authority to sell land to private citizens in the celebrated case of Johnson v. M’Intosh in 1823. The impact of this decision would greatly affect the rights of all Native American tribes as to their legal authority over land located within their normal living and hunting habitat. The appropriate legal description of the Native

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Americans’ property interest from the perspective of formal law would be “land located within their respective jurisdiction.” But having no such formal legal reference point, their legal interest in land was described by Chief Justice Marshall as “ . . . rightful occupants of the soil, with a legal as well as just claim to retain possession of it and to use it according to their own discretion . . .”18 In resolving property claims between international states, Chief Justice John Marshall explained in Johnson v. M’Intosh19 that the applicable discovery rule was well settled and established: . . . But, as they were all [national states seeking territory in America] in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that the right that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession.

The exclusion of all other Europeans, necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives, and establishing settlements upon it. It was a right with which no Europeans could interfere. It was a right which all asserted for themselves, and to the assertion of which, by others, all assented.

Those relations which were to exist between the discoverer and the natives were to be regulated by themselves. The rights thus acquired being exclusive, no other power could interpose between them.20 Johnson v. M’Intosh is frequently one of the first opinions considered by first-year law students in property law when they are undergoing the confusing process of adapting to a new way of thinking. Few students have either sufficient prior experience or the academic preparation to challenge the veracity of the great Chief Justice Marshall’s rhetorical explication. For the novice law student, he or she is committed to absorption of the various observations and reiteration of the stated legal propositions, in haec verba, in response to any probing questions about the case from the law professor.

Johnson v. M’Intosh deals directly with the exercise of power by a highly self-designated and principled country (the United States) born in the heat of utopian thoughts beautifully expressed in the Declaration of Independence. We of the legal tradition do all that we can to corral, socialize, conceal, and justify an act of power for the benefit of the United States through the employment of rhetorical devices. It is dogma of the legal process that pure exercises of power are subject to and controlled by rules of law. Useful and charming legal fictions are invented and applied to provide communal belief about the sanctity, consistency, and significance of the rule of law. This is particularly true when we are assessing the actions of or derivative entitlements of the United States.21 Thus the rule of law adopted by Chief Justice Marshall was that all countries, presumably European countries, agreed and assented to the rule that the so-called country of discovery was eligible for legal acquisition.

But this assumes a territory in which no one is presently habitually residing or foraging within; i.e., a terrae nullius. As a factual matter, the assumption made by Marshall is not true. Since the decision is premised on a fictitious

factual basis and includes the denial of equal status to the Native Americans, and by indirection to aborigines located in other countries that are similarly treated, we have an ancient rule of law that is in violation of minimum standards of justice and equal treatment of citizens.

Nonetheless, a serious question is raised as to whether Native Americans actually possessed the property since many tribes tended to follow a migratory pattern of existence. Also, the Native Americans did not subscribe to the same concept of possession and ownership as developed under the common law or other previously known systems of law. Marshall’s decision also clearly justifies discrimination of the basis of one’s status. This was a customary practice during the early part of the nineteenth century when slavery was still a normative standard of many civilized countries. Religious beliefs also mattered greatly. The Native Americans were, from the perspective of dominant Christian religion, heathens desperately in need of the truths of the Catholic religion.

Chief Justice Marshall spoke forthrightly to these factors when he explained: . . . and the character and religion of its inhabitants afford an apology for considering them as a people over whom the superior genius of Europe might claim an ascendency. The potentates of the old world found no difficulty in convincing themselves that they made ample compensation to the inhabitants of the new, by bestowing on them civilization and Christianity, in exchange for unlimited independence.22 Clearly, Marshall was speaking in the conventions of his time and quite frankly could not arrive at a decision that recognized absolute property rights on the part of the Native Americans. This was the best rationalization available to him. The legal system is always sufficiently flexible to allow for a thoughtful rational analysis to buttress an uncertain answer even if it applies in that time only; it need not provide the ultimate answer.

Professor Blake A. Watson has recently published an important book addressing the implications and the obvious defects of the decision in Johnson v. M’Intosh.23 His analysis will have a lasting impact on future jurisprudence relating to the discovery rule. His penultimate commentary is worth noting: If Indians and other Native inhabitants held property rights prior to the European discovery, how were such rights divested? In some instances, the discovered lands were deemed to be terra nullius, and in other instances acquisitions of preexisting Native property rights were justified by discovery, conquest, treaty, purchase, proclamation, statute, and judicial fiat. Europeans claimed Native rights on the basis of feudal law, cannon law, common law, natural law, positive law, and international law. Native laws and customs were rarely, if ever, consulted.24 But Marshall could not rule contrary to his country’s interest. He had to legally negotiate between Scylla and Charybdis and did his best, making some peace offerings, to arrive at the preordained conclusion.

In this case, Marshall faced a legal dilemma when his judicial discretion was practically non-existent. He could neither deny ownership on the part of the United States, particularly in view of the fact it was the legal successor to the prior sovereigns (French, Spanish, and English), nor admit that Native Americans possessed the ability to own and convey property located within the territory of the United States. Obviously, Marshall had to resolve the conflict in favor of the United States.

A rule of law was invented and frequently proffered, but it was not followed in practice. Nations seldom felt prohibited from challenging continued possession and entitlement of a country claiming right by discovery. For example, the French aggressively took possession of a portion of Florida in 1564 when it attempted to establish a permanent settlement on or near the opening of the St. Johns River. The English also sponsored military attacks on the Florida territory when it initiated attacks from the Carolinas.25 Moreover, the French and Indian War was a direct rejection of the alleged rule of international law.

The wisdom of the legal realist, Thurman W. Arnold, strikes home here when he speaks to this practice of the judiciary:

. . . It is part of the function of “Law” to give recognition to ideals representing the exact opposite of established conduct. Most of its [law] complications arise from the necessity of pretending to do one thing, while actually doing another. It develops the structure of an elaborate dream-world where logic creates justice . . .Yet the observer should constantly keep in mind that the function of law is not so much to guide society, as to comfort it . . . 26 In this case, the flurry of European explorers of the Americas did claim their “new discoveries” in the name of their respective sovereigns. But are these truly discoveries? A more accurate term would be invasion. Nonetheless “discovery” did not preclude other countries or entrepreneurs from seeking to acquire the same possessions by force. For example, consider the many military campaigns conducted throughout the Florida territory since the founding of St. Augustine in 1565.

In sum, Chief Justice Marshall deftly employed a popular rule of law; i.e., a sovereign acquiring title by the “right of discovery” that was neither accepted by all nor a practice of the European countries. Indeed, one might say that the Europeans actually invaded the Americas by engaging in a war with the native inhabitants and also with each other. Consider again the establishment of the French Huguenot settlement on the St. Johns River in 1564, followed by the ruthless extermination of the settlement and the similar treatment of the captured French sailors by the Spanish. Why is the channel in St. Augustine referred to as the Matanzas River?27 Notwithstanding, Florida remained an active colony of Spain from 1565 to 1763, although frequently under siege, and except for the period of limited British control during 1763 and 1783, it continued to be a colony of Spain until it was sold or taken by force by the United States in the disguised form of a treaty in 1819.

Unique Factors Giving Birth to the Spanish Constitution of Cádiz The Peninsular War took place during the period of 1808 through 1814 and unexpectedly became a significant part of Bonaparte’s ongoing military campaigns. It is necessary to have some understanding of

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the Peninsular War (also referred to by the Spanish as their War of Independence), as it serendipitously created a unique opportunity for open debate on a new constitution for Spain. The Cortes also successfully limited the number of delegates representing the oppressive forces of the Roman Catholic Church and the privileged classes that supported an absolute monarchy.

the Pope and the local principals of the Roman Catholic hierarchy. Thus, the thought of delivering legally protected freedoms in a constitution for the benefit of all the citizens of the Spanish Empire was nonexistent despite documents of other countries proclaiming the rights and liberties of all citizens. The War of Independence then served as a catalyst for the promulgation of some of these ideas.

Bonaparte was confronted with a tantalizing opportunity to acquire Spain without the expenditure of time or significant resources. The principal participants of the Spanish monarchy constituted a seriously dysfunctional group of individuals who were actively engaged in various plots against one another. Formally, Spain and France had entered into a private agreement to eliminate the English establishment of a military force in Portugal and also to divide Portugal into three separate kingdoms.28

In many respects, Spain of the early nineteenth century was still following norms that were characteristic of earlier times. The renowned French historian of the middle ages, Jacques Le Goff, explained the general concept of freedom for the medieval generation as:

It is noteworthy that Charles IV, then King of Spain, and his “alleged” son as the heir apparent, Ferdinand VII, were both caught in the spider web of deceit spun by powerful and devious Bonaparte. They were no match for the deceptions of the Emperor.

Charles IV was little interested in carrying out the responsibilities of the monarchy. He allowed the Queen’s favorite and probable lover, Manuel de Godoy (aka Prince of Peace)29 to conduct the affairs of the state. Manuel displayed rather poor character traits by willingly entering into various arrangements that enhanced his power and increased his accumulation of wealth at the loss of the best interests of the Spanish government. All three of these characters (Ferdinand VII, Charles IV, and de Godoy) became captives of Bonaparte at Bayonne, France.

Eventually, Charles and Ferdinand were both forced to abdicate the Spanish throne to Bonaparte and were given lifetime security through access to an estate and a degree of economic support.30 The Emperor promptly appointed his brother, Joseph, the King of Spain, after both Charles and Ferdinand renounced the crown. Shortly thereafter, the citizens of Spain revolted against France and its army.

These events taking place in 1808 united most of Spain’s citizens in a very personal war against the French forces. This response greatly increased the security of Portugal as well as aided the English in their continuous battle in the Peninsular War against the French. And, despite the renowned reputation of the French army, the campaign cost Bonaparte in the loss of manpower, supplies and other resources far in excess of what he presumably anticipated. The Peninsular War was his Vietnam, resulting in an unexpected defeat.

Spain was far from having an open political environment prior to 1808, as its laws and social norms largely reflected the edicts of the principal monarchies of the Iberian Peninsula: namely, the Kingdoms of Castile, Aragon, and Portugal. These domains and others remained separate until the marriage of Isabella of Castile and Ferdinand of Aragon in 1469.

Despite the unification effected by their marriage, some of the provinces remained as independent kingdoms. The first unified function of the separate kingdoms of the Iberian Peninsula, as claimed by one scholar, was that of the institution of the Spanish Inquisition.31 The sovereigns of these kingdoms also operated in conjunction with the powerful edicts of

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Medieval man had no sense of freedom as it is conceived of today.

Freedom to him was a privilege and the word was more readily used in the plural. Freedom meant a guaranteed status: [. . .] It meant belonging to society. There was no liberty without community. It could only exist in a relationship of dependence, with a superior guaranteeing to a subordinate that he would respect his rights. The free man was the man who had a powerful protector.32 Despite the noticeable time difference, the liberty of Spanish citizens during the early nineteenth century was still not that far removed from the above description in view of the authority of an absolute monarchy and the enforcement of an extreme political agenda by the Roman Catholic Church.

Both institutions crafted a partnership that resulted in limited freedom.33 How does one relatively small portion of the expansive military campaigns conducted by Bonaparte during the period of 1803-1814 become critical to the subsequent adoption of a new constitution for Spain? Bonaparte’s military successes on land during the period of 1803-1807 were nothing short of staggering. However, a major setback occurred when the combined naval forces of the French and Spanish were completely destroyed by the English at the Battle of Trafalgar in 1805. Spain was then an active partner with France in attempting to eliminate the English embargo imposed on France, Spain, and the other conquered countries of Europe. Prior to this loss, Bonaparte was actively contemplating a landing invasion on the shores of England. Without the necessary naval security and freedom of the seas, this plan would no longer remain a realistic option. Bonaparte was left with no option other than that of foraging on the other European countries, particularly those to the east.

Bonaparte’s compulsive and insatiable appetite for power is a major factor of the complex narrative that gave birth to the Constitution of Cádiz. Brilliant but misguided, Bonaparte is not done justice by attribution or majestic encomiums. He had already conquered Austria and Prussia, and Russia was forcefully pushed farther to the east. The Treaty of Tilsit with Russia in 1807 confirmed his personal hegemony over most of Europe. But could Bonaparte ever be fully content with his existing military achievements? He, like the mythical Icarus, became a victim of his own success. His eventual mismanagement of the intervention in Spain foretells the future disaster that awaited the French forces in the long withdrawal from Russia. It was a critical error with significant implications.

Portugal became the obvious choice of Bonaparte’s next attack because it was a subtle, but painful, irritant to him. It had been supporting the British navy in direct violation of the Emperor’s edicts. A sanction was due on Portugal, but there was only one option to achieve that object and that included traversing Spanish land to the seaports of Portugal. Taking this obvious geographical bridge to Portugal would eventually explode

into the Peninsular War involving Portugal, England, and Spain in a forceful military alliance against France. This did not have to happen, and the blame clearly rests with Bonaparte.

Not surprisingly, the formally trained military forces of Spain were quickly defeated by Bonaparte in 1808 and the remaining military forces were then largely composed of units of separate provincial juntas and citizenvolunteers. Since the combined insurgent forces of Spain could not generally engage the French in the traditional grand scale battles, the remaining forces relied principally upon an innovative form of guerrilla warfare.34 Consequently, the French military was unable to adjust to this new form of warfare, and they lost despite an enormous investment of manpower and other vital resources. It must be noted that the English provided ample support to Spain in troops, supplies, and naval protection along with some assistance from Portugal. Most historians, including Bonaparte himself, cite the disastrous Russian campaign as the principal reason for his eventual downfall.35 Meanwhile, the French forces had already secured an extensive portion of the Spanish territory until confronted by a determined group of defiant Spanish citizen-warriors. Cádiz provided a secure place where the invited representatives of the Cortes could freely meet, debate, and agree on the provisions of the new constitution. Thus, it is not an exaggeration to say that the Peninsular War helped to provide the conditions for open debate of the Constitution of Cádiz. The deliberations took place in Cádiz because it was one of the few relatively secure locations in a southwestern portion of Spain: a seaport on the Atlantic and protected from a sea attack by the powerful British Naval forces.

Prior to the adoption of the new constitution, the government of Spain was an absolute monarchy dominated by the Roman Catholic religion; and in some respects it authorized the potential for an extreme tyrannical sovereign. The new constitution adopted at Cádiz imposed significant restraints on the crown and placed the sovereignty of the country in the citizens. It portends a promise of some increased liberty for the citizens of Spain, but unfortunately left the Roman Catholic Church as the reigning authority on matters of religion.36 Precisely because of the restraints

. C. Mirow, Florida’s First Constitution-The Constitution of M Cádiz, 14 (2012).

2 Professor Mirow, on the faculty of Florida International University School of Law, recently published a book providing a discussion and translation of the Constitution. M. C. Mirow, Florida’s First Constitution-The Constitution of Cádiz (2012).

3 The “liberal” nature of the Constitution of Cádiz is found in the expansion of authority beyond the throne. Rather than an absolute monarchy, the Constitution created branches of government and gave sovereignty to the nation, not the King.

Id., at 11-13.

4 Professor Glenn Boggs, of Florida State University, has made a rich contribution to the discussion already in a trilogy of articles published in The Florida Bar Journal. See, Glenn Boggs, “Free Florida Land: Homesteading for Good Title,” 83 FLA. B. J., Jan. 2009, at 10; “Florida Land Titles and British, Not Just Spanish, Origins,” 81 FLA. B. J., July-Aug. 2007, at 23; “The Case of Florida’s Missing Real Estate Records,” 78 FLA. B. J., Oct. 2003, at 10 (2003).

5 Daniel J. Boorstein, The Discoverers-A History of Man’s Search To Know His World and Himself, 224-44 (1983).

6 Id., at 238-39.

7 Id., at 244.

8 Id., at 252-54.

9 Michael Chiorazzi and Marguerite Most, Editors, Vol.1 Prestatehood Legal Materials, 249 (2005).

10 David J. Weber, The Spanish Frontier in North America, 28-9 (2009).

11 Jerald T. Milanich, Florida Indians and the Invasion from Europe, 110 (1995).

1

imposed on the monarch, the Constitution had a very limited life span. As soon as Ferdinand VII was released from custody by Bonaparte in 181437 and returned as King of Spain, he disavowed the Constitution of Cádiz and imprisoned some of members of the Cortes who had adopted it.

Before rejecting the constitution, Ferdinand VII had made secret and deceptive promises to Spanish partisans regarding his unconditional support for the new constitution. The participants of the Cortes sought his return, assuming that his indicated support for the new constitution was sincere. He was envisioned as a symbolic hero for the new government and was referred to as “the desirable.” His return to Spain was not to be the realization of their collective dreams. Indeed, Ferdinand’s personal record in stately affairs did not suggest that he possessed any of the values or interests then attributed to him. But desperate needs tend to engender excessive expectations in contrast to a rational evaluation of the inherent uncertainties of the future. It was particularly true in this case. Because of the influence of the traditional friends and past beneficiaries of the Spanish absolute monarchy and papal directives, Ferdinand VII apparently never intended to carry out the original commitment he made to partisans regarding his affirmation of the Constitution of Cádiz.38 A more appropriate sobriquet for Ferdinand VII would have been “the destroyer” although the one actually applied to him in due course by the Spanish was “the felon.”

The overwhelming disappointment of the Spanish in the returning King was well deserved. His authority was diminished in 1820, although he continued to reign until 1833. The unconditional rejection of the Constitution of Cádiz by Ferdinand VII should not have been a complete surprise, as most sovereigns-in-waiting expected free reign in the exercise of their governmental power. Few monarchs socialized to the enjoyment of absolute power would voluntarily accept any limitation on their heretofore unlimited prerogatives. The much celebrated document of English legal history, the Magna Carta, was given the identical treatment of rejection by King John shortly after he executed the majestic document in 1215. The message being, do not trust a deceitful despot-ever. The hoped-for constitution providing for liberty would long remain a desire of the Spanish.

Id. Id. 14 Id., 105-10.

15 Weber, supra, note 5, at 28-9.

16 Id. 17 21 U.S. 543 (1823) 18 Id., at 574.

19 Id. 20 Id., at 573 (Emphasis added).

21 For a thoughtful book on legal fictions collating his law review articles written in 1930-31, see Lon Fuller, Legal Fictions (1967).

22 Supra, note 17.

23 Blake A. Watson, Buying America from the Indians: Johnson v. M’intosh and the History of Native Land Rights (2012).

24 Id., at 357.

25 See generally, David J. Weber, The Spanish Frontier in North America, 105-07, 118, 129, and 217-218 (2009).

26 Thurman W. Arnold, The Symbols of Government, 34 (1962).

27 A violent hurricane both forced the French off course and also far to the south of St. Augustine where it caused the destruction of their ships. French survivors of the hurricane were found walking north on the beach by the Spanish authorities only to be transported in small groups (three or four at a time) across a river and executed quietly out of sight and sound. The entire community of the French survivors was eliminated. This event thus provided the name of the river now known as the Matanzas River. For clarification purposes, the meaning of the word “Matanzas” means slaughter in Spanish.

12 13

France and Spain divided Portugal in the secret Treaty of Fountainebleau in 1807. See, Edward Baines, 2 History of the Wars of the French Revolution, from the Breaking Out of the War in 1792, to the Restoration of a General Peace in 1815; Comprehending the Civil History of Great Britain and France During that Period, 62 (1817).

29 “The title of Prince of Peace was conferred on Don Manuel Godoy on the ratification of the treaty of peace concluded between France and Spain at Basle, in the year 1795.” Id. at 63 30 The Edinburgh Annual Register for 1808, Chapters xiii-iv, 239-290 (1810) 31 Cecil Roth, The Spanish Inquisition, 51, 72-3 (1964).

32 Jacques Le Goff, Medieval Civilization, 280 (1988).

33 Charles J. Esdaile, Spain in the Liberal Age: From Constitution to Civil War, 1808-1939, 6-7 (2000).

34 See generally, Miguel Ángel Martín Mas, The Guerilla 1808-1814: Napoleon’s Spanish Nightmare (2005), See also Esdaile, Id., at 29-30, and 36.

35 Norman Davies, Europe: A History, 742 (1996).

36 In fact, religious freedom and abolition of a state religion were not present in Spain’s Constitution until 1978. See, George E. Glos, The New Spanish Constitution, Comments and Full Text, 7 Hastings Const L.Q., Fall 1979, at 47, 55.

37 Esdaile, supra, note 30, at 38.

38 Id., at 38-39.

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perspectives

Event honors 200th Anniversary of Spain’s Constitution of Cádiz On Friday, October 19, Florida Coastal School of Law, the City of St. Augustine, and Florida International University College of Law collaboratively hosted a conference honoring the 200th Anniversary of Spain’s Constitution of Cádiz.

In conjunction with other celebratory events held in St. Augustine the next day, this on-campus event served to reflect upon Florida’s first constitution and featured panel discussions addressing many facets of the constitution and its anniversary, including the impact on religious freedom, Florida property rights, and other controversies.

“You don’t have an appreciation, in my view, of the law unless you know how it evolved and developed,” said Professor and Director of International Programs John Knechtle. “I think that’s the value of a conference like this. Many Americans don’t realize or are unaware of our Spanish history. It’s important to know our

history. It just gives you a richer appreciation of this country to understand our connection to Spain.”

Keynote s peaker E duardo Ga Spain’s C rrigues, onsul Gen eral to Pue discussed rto Rico, the impac ts and ke of the Con y provisions stitution of Cadiz at the event.

The keynote speaker, Spain’s Consul General to Puerto Rico Eduardo Garrigues, discussed key provisions of the Constitution of Cádiz, the promulgation of the Constitution in East Florida, the impact of the Cádiz Constitution on the constitutions of Latin America, and religious freedom and property rights under the Cádiz Constitution and the laws of Florida.

The event also featured discussions from Professors Matthew Mirow and Victor Uribe of Florida International University; Glenn Boggs, Professor Emeritus of Florida State University; as well as Coastal Law professors John Knechtle and Gerald Moran. (See Moran’s cover story on page 12.)

“The Spanish influence in and about Florida is so distant - it’s really important to reflect on the significance of the Spanish possession of Florida,” said Professor Gerald Moran, who spoke on the political and legal implications of the U.S. Acquisition of Florida. “The Constitution of Cádiz reflects the best side of Spain in terms of trying to reach new standards of human values in a country which was not known for that kind of respect.”

The Cádiz Constitution, named for its signing place located in southern Spain, introduced the Spanish Empire

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and its colonies to many progressive ideas including fundamental human rights protected by law. Signed on March 19, 1812, this liberal constitution included other drastic changes for the Spanish like the incorporation of elections, representative government, separation of powers and a mandatory balanced budget.

Even though it lacked its own bill of rights, the Cádiz Constitution included inspiration from French and American ideals like freedom of speech and thought, freedom of peaceful assembly, property rights and other civil liberties.

“

You don’t have an appreciation, in my view, of the law unless you know how it evolved and developed.

”

The constitution still allowed slavery to continue and prohibited the exercise of any religion other than Roman Catholic. This constitution didn’t necessarily break a lot of new ground internationally but it certainly broke new ground for Spain.

“The concept of a representative government was a huge step forward for Spain at that

in practice

time – to have a truly democratic election,” said Knechtle. “Spain was very progressive in the breadth of their representation – it wasn’t just a legislative body for Spain but there were also representatives from Florida, from Cuba, from Mexico, Venezuela, Columbia – all the way down through their colonies. I would put that in the category as revolutionary for its time because that was not what England had or France had and it’s really not what the U.S. had, either. You can look at the U.S. territories today and that’s still not the case.”

Drafted by a representative body in Spain called the “Cortes,” which included a representative elected by residents of St. Augustine, Pensacola, and Havana, the Cádiz Constitution radically changed the absolute monarchy that had presided over the Spaniards for the previous 300 years. In St. Augustine, the constitution was proclaimed on October 17, 1812, and with it came a new form of government for the city – a Council consisting of the governor, a mayor, and five aldermen. Unfortunately, the constitution was annulled by decree in 1814, which subsequently ended the government by Council in St. Augustine. By order of the king, all the monuments to the constitution were to be demolished, but the people in St. Augustine refused to destroy theirs. It continues to stand today as a testament to the multicultural development of the city.

“We have a very diverse history,” said Knechtle.

“The influences and the development of our law were not just from England but also Spain, France, and there was even some impact from the Native Americans in our development and growth. To get a complete picture of our history you have to be aware of that diversity.

When I was growing up I only heard about the British, so I felt like there were huge chunks of our history that I missed out on. I really appreciate going back and learning – filling in those missing chapters.”

Leader of the Pack: Alum elected president of Florida Bar YLD Michael Orr, Class of 2005, was elected by The Florida Bar Young Lawyers Division Board of Governors in January to serve as president-elect in 2013 and as president in 2014. Orr is the first Florida Coastal alumnus to serve as president of the division, be a member of the Senior Florida Bar Board of Governors, and serve on the Executive Committee of The Florida Bar. Orr is admitted to practice in the state of Florida and is a member of The Florida Bar. He is also admitted to practice before the United States District Court for the Middle and Northern Districts of Florida, and the Federal 11th Circuit Court of Appeals.

“Lucky, humbled and blessed all come to mind,” said Orr, when asked how it felt to be elected. “Of course, prepared, ready and anxious are also apropos.”

Orr has been a member of the Young Lawyers Division Board of Governors for the past seven years, and has held nearly every chair position on the board and chaired nearly every committee.

Orr’s interest in leadership positions began as an undergraduate through student government and continued into his law school career at Coastal where he participated in moot court and served as president of the SBA for two years.

great help to me even long after I’ve left law school. Coastal Law also gave me the opportunity as an alumnus to serve as president of the Alumni Association.

It’s all about having that platform - that ability to help people and serve.”

During his time in this position, Orr will coordinate his efforts with Greg Coleman, who will be serving as president of The Florida Bar in 2014. Orr is looking forward to discussions at Long Range Planning meetings over the next year between select members of the Young Lawyers Division Board of Governors, which will determine his pursuits during his presidency.

Orr will be sworn in as president-elect by Florida Supreme Court Chief Justice Ricky Polston at The Bar’s General Assembly meeting June 28 in Boca Raton.

“It all comes back to service - I really love to serve and help people.”

In the Northeast Florida community, Orr aids various organizations through board service and volunteer work. He was president of the Family Nurturing Center of Florida and serves the Special Olympics of Florida through miscellaneous roles in fundraising, management and volunteerism.

“I think one of the great things Coastal did was provide a platform to engage in leadership roles,” said Orr. “The administration, that being Dean Goplerud and his predecessors, gave me those opportunities that more or less jumpstarted my experience to the higher level of leadership. There are so many professors who helped me along the way outside of the classroom. Gerry Moran was and still is an unbelievable mentor, and Sander Moody has been a

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faculty spotlight

Ericka Curran At the helm of the Immigrant Rights Clinic, Professor Ericka Curran and Legal Clinic Fellow Vanessa Bernadotte endeavor to provide resources rarely available to the indigent immigrant Jacksonville community.

With the assistance of student clinicians, the clinic offers legal services for cases that are frequently unrepresented including preparation of asylum petitions, family unity applications and petitions, applications for naturalization and applications for relief under the Violence Against Women Act and the Victim of Trafficking and Violent Crime Prevention Act.

“You feel like you’re helping someone who, if this clinic wasn’t here, would not have received representation otherwise,” said Bernadotte. “Working for a law firm or with a traditional client - I don’t think I would feel as fulfilled as I am in the clinic because, particularly in this area and in immigration, some of our clients really don’t have another option.”

“Through social work and working with immigrant farmers I saw people’s rights being violated – people who didn’t have a voice because they didn’t have the financial resources to get an attorney,” said Curran. “I also enjoy supervising and mentoring students, so coming to a clinic was sort of a dream job for me. It was really an opportunity to serve.”

Both Curran and Bernadotte are thankful for the Legal Clinic Fellowship program where they have been able to develop a mentor relationship and team up to better provide for Coastal students and the community. They both greatly value the combination of teaching, practicing, and serving the community their positions allow them.

With the supervision of Curran and Bernadotte, students in the Immigrant Rights Clinic are involved with both direct legal services to non-citizens as well as legal advocacy projects. Students gain experience in interviewing and counseling clients, conducting fact investigation, developing case theory, interviewing witnesses, writing declarations and submitting briefs. The students meet their clients and they get motivated in a way that maybe they didn’t in their classes because they are able to interact with a live client.

“We had a woman who was a law professor from another country and she was being prosecuted because she was a law professor. We also had a case for a judge who was facing persecution in his country,” said Curran. “I think those were particularly moving cases because they were individuals who do the things I do. You realize how lucky you are to be living where you’re living and working where you’re working.”

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Roger Groves In spring 2012, Roger Groves, a professor of law and contributor for Forbes, founded the Coastal Law Business Law Certificate, a program that serves to adapt students to the increased demand for specialized legal services and practical preparation in the growing business law environment.

Groves, along with other Business Law faculty members, meet with law firms, government regulators, and corporations to identify issues of particular relevance to them and infuse those issues into Coastal Law curriculum. Some of these topics include generating revenue, minimizing taxes, and protecting assets and key people from liability. With the full support from the Curriculum Committee, faculty, and Dean Goplerud, Groves plans to rejuvenate and expand the business course offerings over coming months.

Groves is endeavoring to build Coastal Law’s reputation within Florida and the nation. Coastal Law is only the second Business Law certificate program among all the law schools in Florida, and one of the few that incorporates case studies and issues from law firms. The certificate will increase student opportunities to learn about issues that make them more valued and more employable.

“The energy students bring is infectious, and it helps keep me younger, a precious commodity the older I get,” said Groves.

“Saliently, I have an opportunity to inspire others, and when I can share things that took me several decades to learn and see that students can take ideas and run with them, enhancing themselves personally or professionally, that is legacy building – leaving footprints for others. You can’t measure that in dollars, but it lasts a lot longer.”

“Our Special Topics in Business Law course was dormant for years,” said Groves, who first developed an interest in Business Law as a pianist who saw other musicians being taken advantage of financially through complex contracts. “Starting this semester, the course has incorporated complex issues of business and tax from Rogers Towers P.A. Students have prepared research memos and are meeting with those attorneys.

This provides an opportunity for several students to network while learning issues of relevance to the firm. That process also puts the students’ analytical skills on display for prospective employment purposes.”

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alumni

class notes

Have you recently started a new job?

Moved to a new city?

Had an impromptu reunion with another Coastal Law graduate?

Let us know so we can spread the word.

E-mail the Alumni Association at fcslalumni@fcsl.edu.

Letter from Alumni

President-Elect

It is my privilege to serve you all as the president-elect of the Florida Coastal Alumni Board of Directors. No matter your class year, I challenge you to maintain or reestablish your connection with the law school.

Networking with each other at events, referring cases to each other, or even referring a student to Coastal Law helps build value in our Alumni Association and strengthens the reputation of school.

The Alumni Board has set lofty goals this year, and we are fired up to reach those of you who have not been as involved with Coastal Law since your graduation.

We have strengthened our relationship with the SBA and continue to develop ways for alumni and students to work together. We are expanding our Alumni Board membership to reflect that of the current alumni population geographically, so we encourage you to visit our website and nominate yourself or a graduate for a position on the board.

Thank you to all the graduates who attended Alumni Weekend on April 19-20 and to the 5 and 10-year reunion planning committees for making it the best yet. Plans are already underway for Alumni Weekend 2014, which will honor the classes of 1999, 2004, and 2009. If you are interested in getting involved, please consider joining the planning committee.

I also want to invite you to attend our Graduation Open House taking place the evening before commencement on Saturday, May 18. This event has become an honored tradition for our alumni to formally meet and welcome the newest Coastal Law graduates into the Alumni Association.

C. Jean Bolin ’99 was recently appointed to the McIntosh County State Court judgeship by Georgia Gov. Nathan Deal.

Bolin has been a juvenile court judge in Bryan and McIntosh counties in the Atlantic Judicial Circuit since August 2006 and is a partner in the law firm of Bolen & West-Webster in Darien, Georgia.

In this section you will read about our National Alumni Chapters, find out how you can play a part in selecting the future class of Coastal students, and read class notes highlighting the successes of your classmates.

Our relationship with Florida Coastal is lifelong. I hope you will play an active role in your Alumni Association and further the legacy of your law school alma mater.

Preston Oughton ‘08 President-Elect

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Brad Gibson ’01, Senior Partner of McGrath Gibson Injury & Family Law, was named to the Jacksonville Area Muscular Dystrophy Association Gala Committee. Brad raised over $5,000 to support local children and families impacted by Muscular Dystrophy.

Eldred “Ron” Loftin ’01 joined McGrath Gibson’s West Palm Beach, Florida office as an associate attorney.

Ron will focus his practice in the areas of personal injury & workers’ compensation.

2002 • Susannah Collins, writing under the pseudonym Chapman Collins, had her first book published in 2012. Identity is a work of fiction about the hunt for a serial killer - not for the faint of heart. It is in print in 50 countries.

• Michael D. McGrath earned an AV Preeminent Rating from Martindale-Hubbell in the area of personal injury. Michael also got engaged to Melanie Doherty of Pensacola, Florida. The couple will be married on April 27, 2013, at Timuquana Country Club in Jacksonville, Florida.

• Mac McKeand writes, “I have an admiralty case (Death on the High Seas Act) against the History Channel, Deep Sea Detective Richie Kohler and others. I have been working on the case for almost three years. We recently settled part of the case with one of the defendants, and are headed to trial in 2013 against the remaining defendants.”

After almost 10 years with the State of Florida’s Children’s Legal Services, Michael Tupper ’03 is venturing into private practice. Tupper Law P.A., located in Jacksonville, Florida, will continue his practice of family law and also offer a variety of other legal services.

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Michael Orr ’05 and his wife Eileen LaCivita ’07 recently gave birth to a son, Michael Fox Orr II. In addition, Michael was elected by The Florida Bar Young Lawyers Division Board of Governors to serve as president-elect in 2013 and as president in 2014 (see full story on page 19).

2006 • Rebecca Black recently opened Rebecca Black Immigration, PA, and will be lobbying for immigration reform in Washington, D.C., in April. Black writes, “For the past four years, I have lobbied various Florida senators and congressmen in concert with hundreds of lawyers from the American Immigration Lawyers Association (AILA) pushing for comprehensive immigration reform. Some of the highlights we propose: 1. A retiree visa, 2. Entrepreneur visas, 3. Revamping of the current investor visas, and 4. Some sort of legitimization of status for illegals wherein they can drive and work.”

• Lindsay Faroni Moore and Patrick Moore ’10 were married on May 5, 2012.

Lindsay is the General Counsel at the Pasco Sheriff’s Office, and Patrick is a Felony Assistant State Attorney for the 6th Judicial Circuit. Lindsay and Patrick also welcomed a baby girl in the fall of 2012!

• Carey Carmichael is an Assistant State Attorney for the Third Circuit in Live Oak, Florida. He practices all levels of criminal prosecution.

Carrie Mansfield Lique ’07 and Josh Lique were married on April 21, 2012 in the Lake Norman area of Charlotte, North Carolina.

Her husband is a general contractor and they love living in Cornelius, North Carolina, with their adopted dog Brewer. Carrie is an active member of the Mecklenburg County Bar Association where she is on the Young Lawyer Division Council and is serving a three-year term on the Board of Directors.

She is the current Coastal Law Charlotte Alumni Chapter President, and also serves on the Lawyer’s Mutual of North Carolina Community Board and Strike City Charlotte Board of Directors. She has been employed at the Charlotte School of Law for the past four years and is currently the Associate Director of Admissions. She also owns Mansfield Law Offices, PLLC where she primarily practices estate planning and is licensed in both Florida and North Carolina.

Jason Gropper ’06 and Katie Udy ’06 were married in Forsyth Park in Savannah, Georgia, on October 20, 2012.

Katie is currently a criminal prosecutor in Brunswick, Georgia, and Jason is a criminal defense attorney with Regional Conflict Counsel in Jacksonville, Florida.

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Coastal Law Magazine | Spring 2013

2007 • Tiffany Jones, Michael Regan ’05, and Aurora Vaca ’06 were named non-equity shareholders at O’Hara Halvorsen Humphries, PA, in Jacksonville, Florida.

• Bradley Sopotnick and his wife Ashley are expecting their first child.

Greyson Michael Sopotnick will be arriving in late April.

Summer Nichols ’08 writes, “My husband, Dave, and I had our second child, a little boy, David Lane, on August 28, 2012. His big sister, Summer, loves having a little brother! I am still running my family law firm in Jacksonville, Florida and it is going great!”

2008 • Chris Koos recently took a new job with the New Jersey Superior Court as a Court Service Supervisor. Additionally, before taking the job Koos successfully argued a case in front of the New Jersey Appellate Court.

• Kristen C. Baker was recently promoted to Attorney Group Supervisor with the Social Security Administration office in San Jose, California.

• Melanie Schneider recently started a blog about law school.

Attorneys are welcome to follow along and comment with any advice they have at http://letterstoalawstudent.wordpress.com.

• Preston Oughton’s firm, Law Office of Preston H. Oughton, P.A., now has three attorneys, Preston, Jared Loucel ‘09, Chris Keever ’11, as well as Amy Lane ’13, a law clerk. The firm opened an additional office in Orange Park, Florida, in September 2012.

They now specialize in the following areas of law: real estate, bankruptcy, estate planning, probate, and taxation.

Brian Serakas ’08, a Stuart, Florida native, was recently appointed the Rule of Law Attorney for the 1st Infantry Division in the United States Army as part of the Army JAG Corps. He is currently finishing up a yearlong deployment in Laghman Province, Afghansitan.

Serakas decided to join the army after finding out about the Army JAG Corps when he was a 2L and has been pleased with his decision ever since. The JAG Corps is a wide-ranging practice that includes military law and criminal prosecution to international law and legal assistance — both in the U.S. and abroad.

Being a part of the JAG Corps offers the unique opportunity of serving one’s country as an officer in the Army while quickly developing professional skills. JAG Corps attorneys are exposed to a wide variety of legal work including environmental, prosecution, defense, operational, and legal assistance for soldiers and their families.

“Even though you are an attorney you will be expected to carry weapons and be proficient with them to protect others and yourself,” said Serakas. “These deployments usually last about nine months, so separation from friends and loved ones is difficult. But I believe that at the end of the day you can be proud of your achievements. The military is a good fit for those who are in shape physically, believe in selfless service to our nation, and have a team mentality when it comes to problem solving.”

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Matt Villmer ’09 and Suzie Amatuzzi ’11 recently opened their own law practice in Ridgefield, Connecticut - The Law Offices of Amatuzzi & Villmer, LLP. Their practice focuses on commercial litigation, BP oil spill claims, commercial and residential real estate transactions and insurance litigation.

2009 • Louis Stefanos recently started a new job as an associate at Shannon, Gracey, Ratliff & Miller LLP in the Estate Planning, Probate and Trust Practice Group. The office is located in Fort Worth, Texas. Stefanos was also nominated and named as a Top Attorney 2012 in Fort Worth Magazine for attorneys in practice fewer than five years. Attorneys are nominated by their peers. Stefanos and his wife also welcomed their third son on November 26, 2012, Adam James Stefanos.

• Sarah Lynn Terry and Keith Ray Zatalokin were married on December 31, 2012, in Augusta, Michigan. Sarah is a staff attorney for the Office of Assistant Chief Counsel, U.S. Customs and Border Protection with the Department of Homeland Security in Laredo, Texas. Keith is a retired Air Force veteran and is currently a student at Texas A&M International University pursuing a degree in biology.

2010 • Courtney Weter was recently promoted to senior attorney with the Florida Department of Children and Families - Children’s Legal Services and appointed to the Palatka, Florida office in Putnam County for Circuit 7 in the Northeast Region.

Congratulations to Brian Strickland ’09 who was recently elected to represent District 111 in the Georgia State House of Representatives!

Brian also practices law at Smith, Welch & Brittain LLP in McDonough, Georgia.

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Daniel Cohn ’12 is currently living in Charleston, West Virginia, and has joined Bowles Rice LLP and is practicing law in the Commercial and Financial Services Group.

2011 • Hayley Lewis Folmar recently joined Quintairos, Prieto, Wood & Boyer as an associate in the Tallahassee, Florida office. Folmar is handling medical malpractice, insurance defense, coverage, and employment law.

Carrie Lynn Stiefel ’11 and Jeff Annis Jr. ’11 were recently engaged. The couple is currently living in Orlando and will wed in September, at Frogtown Cellars in Dahlonega, Georgia.

• Jeffrey Jackson joined Mettler-Toledo, LLC, in Columbus, Ohio, as Corporate Counsel-Americas.

• Chris Keever joined The Law Office of Preston H. Oughton as an associate attorney. Keever was previously a law clerk with the firm as a student. After he graduated from Florida Coastal, Keever received his LLM in taxation at the University of Florida. He now focuses his practice on taxation, estate planning and probate.

• Rommel V. San Pedro is now an international corporate/ tax attorney living in San Francisco, California, with his wife Jennifer and daughter Savannah. Rommel passed the California, New York, and New Jersey bar exams. He also appears on international television and internet TV as one of the panelists for a TV show called INC International Edition (incmedia.org). He is also one of the attorneys for the Felix Y. Manalo Foundation, a global humanitarian relief non-profit organization, which assists in disaster relief on a global scale.

Maite Garcia ’12 has joined the Law Office of Ramon de la Cabada in Miami, Florida, as an associate. The firm specializes in criminal defense ranging from DUI defense to white-collar crimes and regulatory compliance law.

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chapter wrap & alumni events

Summer Send-Offs & Holiday Socials The Alumni Chapters around the country have been busier than ever hosting events and networking with students and prospective students. The chapters hosted Summer Send-Off events, where they met with incoming 1Ls and their families from their area before heading off to start their first semester at Coastal Law. They also hosted events around the holidays while students were home for the break. The Tallahassee Alumni Chapter participated in the Chili Cook-off event through the Tallahassee Bar Association and all the chapter leaders returned to campus in Feburary for their annual workshop.

Washington, D.C. Chapter

New York City Chapter

Tampa Bay Chapter

South Carolina Chapter

Jacksonville Chapter

Jacksonville Chapter

Jacksonville Chapter

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Coastal Law Magazine | Spring 2013

Tallahassee Chapter

Jacksonville Chapter

Washington, D.C. Chapter

Tampa Bay Chapter

Tampa Bay Chapter

Atlanta Chapter

Jacksonville Chapter

2013 Chapter Leaders Workshop

apter

pter

Alumni Peer Mentoring Opportunities Dear Alumni, This year Alumni Relations and the Career Services Department are collaborating to develop an alumni peer-to-peer mentoring program for our recent graduates, and we need your help!

We are seeking alumni to serve as mentors to recent graduates and help them assimilate into their new legal communities. We plan to pair mentors and mentees based on geographic location, practice area, and other interests.

We DO NOT expect you to give these graduates jobs, answer substantive questions about the bar exam or review their resumes. We are simply looking for our mentors to serve as a sounding board for their mentees and help them get to know their new legal community.

If you are interested in mentoring a recent graduate, please contact Lauren Griffith at lgriffith@fcsl.edu or 904.256.1123.

Raymond E. Adams, Esq. Counselor

Let us hear

!

from

you

Call for Volunteers!

Whether there is an alumni chapter in your area or not, there are numerous ways for Coastal Law grads from all classes to volunteer nationwide. If you are interested in getting involved at any level, contact Lauren Griffith at lgriffith@fcsl.edu.

Thank you to our chapter leaders, listed below, for all of their hard work!

• Atlanta Clark Wilson ’05 and Eugene Fuller ’10 • Charlotte Carrie Mansfield Lique ’07 • Jacksonville Adam Edgecombe ’09, Julie Frusciente ’09 and Catherine Michaud ’09 • New York City Chris Koos ’08 and Keesha McCray ’09 • Ocala Sarah Acree ’04 • Orlando Barry Johnson ’08 • Panhandle Kimberly Reece ’10 • South Carolina Ravi Sanyal ’99, Eric Durand ’10 and Edward Phipps ’01 • South Florida John Daly ’12 • Tallahassee Ian White ’00 • Tampa Bay Samir Massarani ’08 • Washington, D.C. Renee Boston ’05 and Pam Simons ’05

Do you like current Coastal Law Magazine articles and sections?

What topics would you like to see covered?

How can we make Coastal Law Magazine more enjoyable for you?

Send your letters to the editor to fcslalumni@fcsl.edu

Coastal Law Magazine | Spring 2013

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Class of 2012 couple score in top 10 of all Florida Bar takers

New scholarship connects incoming class with alumni

Of the more than 3,000 law graduates taking the Florida bar exam in July 2012, Florida Coastal alumni Lydia Zbrzeznj and Nick Zbrzeznj each scored within the top 10 of the graduates sitting for the exam.

The Florida Coastal Offices of Admissions and Alumni Relations are proud to announce a new $2,000 alumni scholarship program for incoming Florida Coastal students.

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Nick earned the highest score of any graduate taking the exam, while wife Lydia received the highest score on the Trusts and Estates essay. Because of their hard work and dedication, Nick earned an invitation to speak at the Florida Supreme Court and Lydia at the Second District Court of Appeals.

“When I received a call from Chief Justice Polston’s judicial assistant, at first I thought I was getting prank called – I thought it was a joke,” Nick said. “I was just happy and grateful to have passed, anything above that was a plus. It was kind of surreal – I never would have thought that I had the highest score.”

Throughout their study prep, the couple remained devoted to the Bar Coaching Program and met weekly with their Academic Success Counselor, Doug Helsing. At their meetings, Professor Helsing would assess the Zbrzeznjs’ progress and make certain the couple was on track to pass the Florida Bar, which is known for being among the more demanding state exams.

The Zbrzeznjs recommend law graduates stick with the study methods that they know and have refined through three years of law school in addition to utilizing the meetings with their Academic Success Counselor when prepping for the exam. The couple took advantage of their personal strengths and used techniques like keeping a manageable schedule, setting daily goals, and taking frequent breaks - even just a walk outside for a few minutes. They also credited their Coastal foundational courses as part of their successful performances where they utilized their coursework from first year classes like torts and contracts.

“It was a neat feeling to have done well on an objective playing field,” said Lydia. “We always did well at Florida Coastal, but sometimes people take that with a grain of salt because it’s not a tier-one school. For both of us to have done so well makes it an especially gratifying experience.”

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Coastal Law Magazine | Spring 2013

The Alumni Admissions Referral Scholarship invites alumni to nominate prospective and incoming students to the Admissions Office who they believe will be a valuable and successful addition to Florida Coastal’s incoming class.

“The alumni are essentially giving two gifts - first they are giving, obviously, a monetary gift to the student but they’re also giving a gift back to the institution,” said Tony Cardenas, Associate Dean of Admissions. “It’s their chance to help shape our program. They’ll help Florida Coastal by nominating someone they feel can add something to the school and get something out of the education they get here.

“I have always said our alumni are our number one recruiters. They talk about the law school and their experiences. The work that they do solidifies our reputation.”

The one-time $2,000 scholarship will be disbursed over the course of two semesters and is even available to part-time students as a $1,000 award. Alumni can nominate one incoming student per year, including students transferring in from another law school. To nominate a prospective student, alumni need only fill out an online form. Once the Office of Admissions has verified the student has been formally admitted to the school and is entering their first year at Florida Coastal, the Office of Financial Aid will be contacted for disbursement.

One way prospective students can connect with alums is through Alumni Chapter Summer Send-off events, which take place around the country and invite prospective students and their families to meet graduates in their area. The students are able to meet with graduates who practice in their hometown while alumni are able to make connections with future graduates. Alumni can provide a different perspective about the school that students may not receive from a campus tour or reading the website.

“Our alumni have a real interest in seeing the value of their diploma grow and want to have a positive impact on the quality of the entering class,” said Lauren Griffith, Alumni Relations Manager.

“If every entering student is able to connect with an alumnus they will have a much greater understanding for what it takes to succeed in law school.”

To find out more information or to complete a nomination form, please visit alumni.fcsl.edu and click on Alumni Admission Referral Scholarship.

special feature

Foundation names first scholarship recipient Out of the dozens of exceptional entries, Caitlin Milo was named the first recipient of the Martha Sonnenschein Memorial Scholarship by the Florida Coastal School of Law Foundation in a ceremony in November.

Milo, a Pennsylvania native and student in the class of 2013, was selected for the $5,000 scholarship award for her outstanding academics and leadership in and outside of the school.

This scholarship was created after Irving Sonnenschein donated a generous endowed scholarship gift of $250,000 to the school in honor of his late wife Martha.

“I had the privilege of working with Caitlin my whole first year,” said Stefano Portigliatti, Student Bar Association president and a friend of Milo. “I can say, from first-hand

experience, she embodies professionalism, leadership, diligence, and virtue.”

Outside of school, Milo has worked pro bono both in the Federal District Court with Judge Timothy Corrigan and within an internship program at the Florida Supreme Court with Justice R. Fred Lewis. During her internship, Milo learned how greatly Florida Coastal had helped develop her leadership abilities because no other student in the internship program had the same quality or quantity of experiential opportunities she had.

“I think that this school really cares - as evidenced by this scholarship and the opportunities that I’ve had since I’ve been here,” said Milo. “I think it’s nice; it’s kind of like being a big fish in a small pond, not necessarily size-wise but in terms of how much emphasis they put on the students.”

In addition to her internships, Milo serves as editor-in-chief of the Law Review and has previously served as a teaching assistant as well as a Coastal Ambassador.

“

I can say, from first-hand experience, she embodies professionalism, leadership, diligence, and virtue.

”

“My hope is that people will see the work I do on Law Review and with the ambassadors, and it will encourage them to pursue leadership positions,” said Milo. “I think there is an internal value that you get from leadership.”

Applications for the 2013 Sonnenschein Memorial Scholarship will be reviewed in August 2013. Apply online at alumni.fcsl.edu/Sonnenscheinscholarship.

Dean Peter Goplerud and Florida Coastal School of Law Foundation board members Wally Lee, John “Jake” Schickel, and Linsay Warren present Caitlin Milo (shown with husband Joe Milo) the first Martha Sonnenschein Memorial Scholarship at the Martha and Irving Sonnenschein Courtroom Dedication Ceremony.

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q&a A conversation with T O N Y C A R D E N A S , A SSO C IAT E D E A N OF A D M I S S I ONS F lorida C oastal S chool of L aw

Tony Cardenas, the new Associate Dean of Admissions, began his career in higher education at his alma mater of the University of St. Francis. Most recently,Tony worked as Vice President for Enrollment Management and Student Services at Lincoln College. Here at Coastal Law, Tony is on the front lines of the admission process, where he speaks to students at recruiting events on and off campus. He is also involved in working on the strategic enrollment management plan for the school and is committed to bringing in the highest quality 1L classes every spring and fall.

What new approaches and ideas do you hope to bring to Coastal Law?

When you are out recruiting, what is the first thing you tell prospective students about Coastal Law?

Our admissions office is always looking for new ways to recruit students to Coastal Law. With the support of our marketing department, admissions has been a leader in the use of social media to attract quality students to our campus. The admissions team is also developing programs to make the recruitment experience more personal for each student. All potential students are unique and require different levels of assistance. Our new communication plans take these differences into consideration no matter where they are in the decision making process. We have already seen higher yield rates for our spring class. I’m excited to see how these programs develop over time.

The first thing I talk about is our faculty. We brag about them all the time! Our students learn engaging issues concerning today’s legal world because of our skilled faculty. They utilize their diverse and in-depth, real-world experience to create an inspiring academic environment. The faculty really sets us apart from other schools.

What are some of your long-term goals for the department?

My goals for the department include the development of a strategic enrollment management plan that helps protect us from fluctuations in the law school market. I’d also like to see us grow the enrollment in our AAMPLE program – Coastal Law’s conditional admissions program. This is such a great program and gives us a distinct advantage over our competitors.

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Coastal Law Magazine | Spring 2013

What are some of your favorite things to do with your family?

I have two sons and they love sports. Our time together is made up of soccer, basketball, swimming, and sometimes even golf.

My wife also participates. She joined our son’s dodge ball team last winter and loved it. Staying active is very important to us. We also volunteer our time to the local hospital and coaching young soccer players in our local league.

Jessica

Jason

Corey

MaKisha

Jessica

Eugene

Marty

Warda

Excellence All-Inclusive

Matt

To our students and alumni who have built our growing legacy.

Thank you.

Stephen

Keesha

Stephanie

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

Join us for THE FLORIDA COASTAL SCHOOL OF LAW

ALUMNI RECEPTION DURING THE FLORIDA BAR ANNUAL MEETING

6:00 p.m. 7:30 p.m.

THURS.

JUNE

Sponsored by your Alumni Board of Directors and members of the Alumni Association, this event attracts members of the judiciary, including the Florida Supreme Court, 1st DCA judges, U.S. District judges, as well as Jacksonville attorneys and senior school administrators.

Boca Raton Resort & Club

in Boca Raton, FL

To register or for information about sponsorship opportunities contact fcslalumni@fcsl.edu or call 904.256.1212. Sponsorship proceeds support the general scholarship fund of the Coastal Law Foundation.