Coastal Law Magazine (Summer 2009)

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There go the Neighborhoods: Predatory Lending and the National Effect

SUMMER

2009

Greetings from Coastal Law I am pleased to report that, as another school year comes to a close, Coastal Law continues to make great strides. Our moot court program was recently ranked among the country’s top 10, as determined by organizers of the upcoming Moot Court National Championship. Coastal Law’s ranking was based on performances in moot court competitions from the 2008-2009 school year, including team championships, as well as Best Brief and Best Advocate honors.

I wish our students well as they prepare for the tournament in January 2010.

As always, it is the mission of Coastal Law Magazine to update our readers about school successes, faculty appointments, and alumni news, while also presenting timely legal insight into the pressing issues and trends of the day through features authored by our faculty. Further, we hope to illustrate how these topics and perspectives relate to the Coastal Law education philosophy and to our graduates in practice.

C. Peter Goplerud III Dean and Professor of Law

This issue’s cover story, “There go the Neighborhoods: Predatory Lending and the National Effect,” explores not only today’s foreclosure crisis, but also the factors that led to it and what may lie ahead. In our “Perspectives” feature, we examine those affected by foreclosures and how Coastal Law’s student clinicians work each semester to ensure those individuals rights are protected. Finally we catch up with Mike Roland, Coastal Law class of 2007, and learn how he works to protect consumer rights in south Florida.

The Florida Coastal School of Law Alumni Association continued in its chapter development efforts in the spring, launching Second Circuit, Gulf Coast, and South Florida chapters. Elsewhere, alumni in Washington, D.C., also formed a chapter. Like those existing both in Florida and outside the state, these chapters contribute to the school’s success by assisting with the recruitment of prospective students, providing bar mentorship, and offering career advice to current students and other alumni. Coastal graduates, I encourage you to contact our Alumni Relations Office to find out how you can get involved.

On a final note, our upcoming Alumni Weekend on October 23-24 is especially significant, as it marks the 10th Reunion of our first graduating class, as well as the 5th Reunion of the class of 2004. I look forward to seeing you all at this milestone event. I hope you will make plans to attend.

Thank you again for your continued support of Coastal Law.

C. Peter Goplerud III

IntraCoastal SUMMER 2009 VOL. 2, NO. 2

I S S U E

F O C U S

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

Serving the Underserved

Important events for alums and students COVER STORY

6 News and Events

8 There Go The Neighborhoods

Coastal Law achievements, appointments, and programs

Predatory Lending and the National Effect

By Laura Boeckman, Assistant Professor of Professional Skills

17 Everyday Ethics Wise words will never hurt you

Cover Illustration by Heather Blanton PERSPECTIVES

14 Student Clinicians Serve on the Front Lines

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

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20 Faculty News

In trying times, Coastal Law students represent Jacksonville’s underserved Illustration by Dan Vasconcellos

16 Mike Roland, Class of 2007, Defends Consumer Rights To do good for people is its own reward

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

30 Q & A

30 14

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IN PRACTICE

Publications, achievements and presentations

Meet Greg Minton, Coastal Law Audio Visual Specialist

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Florida Coastal School of Law

Board of Advisors

Audrey McKibbin Moran, Chair President and Chief Executive Officer Sulzbacher Center

Robert M. Rhodes Foley & Lardner LLP Kenneth L. Shropshire David W. Hauck Professor at the Wharton School of the university of Pennsylvania

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

COASTAL LAW

Paul Vance Senior Vice President of Football Operations and General Counsel Jacksonville Jaguars

MAIN NuMBER 904.680.7700

SUMMER 2009 VOL. 2, NO. 2

PuBLISHER:

C. Peter Goplerud III, Dean and Professor of Law

ADMISSIONS 904.680.7710 admissions@fcsl.edu

EDITOR:

J. Brooks Terry, Director of Marketing and Communications MANAGING EDITOR:

ALuMNI 904.256.1212 fcslalumni@fcsl.edu

Margaret Widman Dees, Director of Institutional Advancement MARKETING AND COMMuNICATIONS

CONTRIBuTORS: Assistant Professor Laura Boeckman Assistant Professor Rob Hornstein Wendy Arcuri

Kristin Mahshie Jennifer Hyde Emily Tracy

904.680.7730 bterry@fcsl.edu

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

904.680.7631 registrar@fcsl.edu

INSTITuTIONAL ADVANCEMENT 904.680.7649 mdees@fcsl.edu

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

Save the Date OUR

CALENDAR

OF

UPCOMING

EVENTS*

June 25

October 22

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

Guest Speaker Blake Morant Dean of Wake Forest Law School

July 10-12

Alumni Weekend

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

October 23-24 November 12 11th Annual Northeast Florida Environmental Summit

September 17

November 19

Monthly Alumni Social Peninsula Rooftop Club

Career Services Department Starting Line for 1Ls

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For information, contact Coastal Law’s Alumni Office.

Need more copies or back issues?

Contact the Alumni Office at (904) 256-1212 or fcslalumni@fcsl.edu.

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*Events listed are on campus unless specified elsewhere. Dates are subject to change.

News & Events

A CAMPUS-WIDE ROUNDUP OF HAPPENINGS AND ACTIVITIES

Coastal Law and JU to Offer Joint 3/3 Program in Fall 2009 DMINISTRATORS FROM COASTAL Law and Jacksonville University announced in May plans for a joint 3/3 program. Ready in time for the upcoming academic year, the program will allow selected JU students to enter Coastal Law after completing only three years of undergraduate study and earn both a baccalaureate and a Juris Doctor degree in six years.

With discussions under way for the better part of the 2008/2009 academic year, Coastal Law Vice Dean Terri Davlantes said she is “delighted the program will take root in the fall 2009.”

“This program will provide students with the opportunity to earn both degrees in a minimum of six years, as opposed to the traditional seven years of study here in Jacksonville,”

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said Davlantes. “It’s a wonderful joint effort between our two schools, and we’re hopeful it will lead to more collaboration in the future.”

In addition to the annual Northeast Florida Environmental Summit, which will return for its eleventh year in November, Davlantes said further opportunities could include symposiums and research initiatives.

“I also think it would wonderful if we could create more opportunities for the faculty members to hold guest lectures on both campuses,” she said. “Things like that can potentially add a lot of value to the experiences of the students because they would have even more access to information and practical perspectives.”

Founded in 1934, JU is a private university located in Jacksonville, Florida. Today, its more than 3,000 students from 47 states and 27 different countries attend the school.

In 2006, in the U.S. News and World Report list of America’s Best Colleges, Jacksonville University placed in the first tier among more than 150 master’s-level universities in the South for the fourth year in a row. The category includes colleges and universities that offer a full range of undergraduate programs. COASTAL

Coastal Law Hosts Diversity Symposium with Area Bar Associations ore than 200 guests visited Coastal Law in February, as part of The First Annual Jacksonville Bar Diversity Symposium. The featured speaker for the day-long event was Florida Supreme Court Justice Barbara Pariente.

The bar associations of Jacksonville, as well as Coastal Law, were commended by Pariente for their initiative in the discussion of diversity in the legal community just days after new U.S. Attorney General Eric Holder referred to the country as a “nation of cowards” in regard to race relations.

“I saw this headline today from Eric Holder about where he says we are a ‘nation of cowards’ for not talking about race,” said Pariente. “Maybe the use of the word ‘cowards’ was not the best description, but I think it’s an uncomfortable topic.”

In addition to remarks by Pariente, other program highlights included a viewing of the Florida Bar continuing legal education video, “Changing Faces of Justice.” Attendees also heard two panel discussions: “Diversity in the Community” and “Diversity in the Workplace.”

“We are committed to keep talking about diversity at Florida Coastal School of Law, and we strive to make it part of the everyday environment of the law school,” said Dean Peter Goplerud. “We’re moving in the right direction. I am already looking forward to reporting on our progress during next year’s symposium.” COASTAL

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Florida Supreme Court Justice Barbara Pariente with Donald Jones, Coastal Law Assistant Dean for Student and Multicultural Affairs.

Professor Works Toward Reform in Nepal ernment.The American system of checks and balances, with its judicial branch, could act as a safeguard, he said, but simply copying the U.S. governing model overseas would not be a solution.

“You have to be very sensitive diplomatically because there is always a certain amount of suspicion that you are an American, so all you want to do is to export American-style justice,” he said.

“The rest of the world is leery about that, especially after the American intervention in Iraq.”

Pimentel previously led rule of law efforts in the Sudan for the United Nations mission in 2006. He was also instrumental in reforming Bosnia’s court system after the Dayton Peace Accords ended the war in the Balkans in the 1990s.

Although unsure if he will return to Nepal as formal constitutional restructur-

ing moves forward, Pimentel is hopeful his skill sets will be called upon in the coming months.

“If my recommendations are taken,” he said.,“I feel confident I can be of great assistance to Nepal. I’d love to be a part of paving the way toward creating a better life for the people.” COASTAL

Symposium Tackles Coaches’ Contract Issues OASTAL LAW’S CENTER FOR Law and Sports and the Coastal Law Sports Law Society hosted the school’s annual symposium in April.

Entitled “NCAA Coaches’ Contracts: Diversity and Negotiating Value in the 21st Century,” the day-long event provided a unique opportunity to raise awareness and understanding of sports law, specifically, the diversity and value issues pertaining to the NCAA’s hiring process for coaches.

“It’s great for students to be able to come in and hear about the issues from people involved in it,” said Rick Karcher, Associate Professor of Law and Director, Coastal Law’s Center for Law and Sports.

“For local attorneys, they’re able to learn about what’s going on out there.”

The conference consisted of two panel discussions from guest speakers with sports law expertise, including Robert H. Lattinville of Stinson Morrison Hecker LLP; Clemson Athletic Director Terry

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Don Phillips; Florida State University Athletic Director Randall W. Spetman; Floyd A. Keith, Executive Director of the Black Coaches and Administrators; and N. Jeremi Duru, Associate Professor of

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Law at Temple University, Beasley School of Law. In addition to the symposium being free and open to the public, three CLE credits were also offered. COASTAL

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lorida Coastal School of Law Professor David Pimentel traveled to Nepal in March in an effort to help reestablish the former monarchy and Hindu state’s constitution. An expert in international court governance, Pimentel focused exclusively on judicial reform during the three-day conference.

The Communist Party of Nepal (Maoist) won the largest number of seats in the Constituent Assembly election held on April 10, 2008.The party has since insisted on the abolition of the monarchy, with Nepal transitioning to a democracy with an elected leader.

Pimentel was one of only eight U.S. legal experts and the only one from Florida who has been invited to help Nepal with its constitutional conference.

One of the big issues tackled, said Pimentel, is Nepal’s currently corrupt gov-

C OV E R S TO RY

There Go

The Neighborhoods Predatory Lending and the National Effect

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s. Mary Podelco paid off the balance of her mortto his community. Or if he turns to no one, his problems grow, which can lead to an erosion of the community fabric. gage on her first and only home when her husband died in 1994. For the first time in her life, she owned a home free and clear. In 1995, she received a I. What is predatory lending? loan solicitation offering her money for home Predatory lending is generally considered to be any lending that is improvements. Needing to replace her windows and heating system, more expensive than justified by the risk associated with the loan.2 she agreed to the $12,000 loan. However, Ms. Podelco’s only income Normally, a lender determines the interest rate and terms of a loan was Social Security, and the monthly payments on the mortgage based on a person’s credit score – the lower the score the higher the were more than half of her monthly income. interest rate. The lender insists on the higher rate because it One month after signing the mortgage, the same wants to be compensated for taking a risk on a loan that lender contacted her about refinancing to a lower has a lower chance of being repaid. But predatory Y interest rate. Ms. Podelco did not understand loans do not adhere to this lending principle. For AURA that each time she agreed to refinance, she was, example, a predatory loan would be one that has an OECKMAN in turn, paying more fees and costs. She prointerest rate that is higher than justified by a perceeded to have her loan flipped (i.e., refinanced) son’s credit score, or a loan that charges for unnecA S S I S TA N T six more times over the next 18 months by variessary products, has excessive or hidden fees, PROFESSOR OF PROFESSIONAL ous subprime lenders. Each flip had an interest and/or has terms that are designed to trap a borrowSKILLS rate in the double digits and included around er in debt.3 The predatory lender is not looking to $5,000 in fees. In addition, each flip took more and make a fair loan; it is trying to get as much money as posmore equity out of Ms. Podelco’s home until eventually she sible from the borrower. However, this is a very general explanacould not afford to make the payments, and the final lender filed a tion because, quite simply, there is no agreed upon definition of foreclosure action against her. Ultimately, Ms. Podelco lost her predatory lending.4 home less than two years after she had owned it free and clear.1 Indeed, it is difficult to define predatory lending because a loan Stories like Ms. Podelco’s are becoming more and more common feature considered predatory in one loan may be legitimate in anothacross the country. The foreclosure epidemic is bringing into stark er.5 For example, a mortgage with an adjustable interest rate may not relief the dangers of predatory lending. When someone gets into a bad be predatory for a prime borrower who is taking out the mortgage loan, the borrower is not the only one to suffer. The family, neighbors, on an investment property. The borrower knows the rate will adjust and even the surrounding community of the borrower suffer as well. in five years but plans to have improvements to the property comWhen someone loses valuable assets to a predatory lender, he must pleted and the property sold before that time. The advantage of the turn elsewhere to make up that shortfall. The place he usually turns is adjustable rate to this prime borrower is that he will get a lower ini-

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tial rate that will make it easier for him to make his payments while he is making improvements to the property in exchange for a higher rate later – a rate he plans never to pay.

However, an adjustable rate mortgage can be predatory in other circumstances.6 An adjustable rate mortgage would be illogical for a borrower who has a low, fixed income and cannot afford an increased mortgage payment at a later date. Typically, such borrowers are not told that the rate on the mortgage will change or are told that if it will change, the lender or broker will refinance the mortgage when the rate is ready to adjust. Victims of predatory lending frequently report that the adjustable rate nature or other predatory

borrower uses the title to a car as collateral. If the borrower is unable to pay back the loan, the title lender retains ownership of the car in satisfaction of the loan.12 Most people who take out title loans do not understand that if they use a $5,000 car as collateral for a $500 loan and are not able to make the payments on the loan, they surrender the entire $5,000 car and do not recoup the remaining $4,500.

Refund Anticipation Loans – These are loans that consumers can take out against tax returns. The lenders offer to prepare a tax return and in anticipation of the return, the lender will loan the consumer the amount of the anticipated return on the day

Victims of predatory lending frequently report that the adjustable rate nature or other predatory terms of their loans were not disclosed to them or that a lender or lender’s agent blatantly lied to them about the terms of their loan. terms of their loans were not disclosed to them or that a lender or lender’s agent blatantly lied to them about the terms of their loan.7 While it is true there is not a clear-cut definition of predatory lending, predatory loans typically contain certain terms or features.8 Predatory loans tend to involve fraud or deception, are structured to result in seriously disproportionate net harm to borrowers, lack transparency in loans that are not actionable as fraud, and require borrowers to waive meaningful legal redress.9 In short, predatory loans are designed to take advantage of people who are least able to defend themselves in the credit market.10 Common examples of predatory loans that are usually present in every community include: Payday Loans – Payday loans are typically structured around a postdated check the borrower writes in anticipation of a paycheck to be received in the future. The check includes the amount of the principal (i.e., $300) plus the fees and costs associated with the loan (i.e., $50). The total check amount ($350) reflects an annual percentage rate (APR) that can be in the triple digits. If the borrower is unable to make good on the check, he can rollover the loan amount into a new loan – in exchange for a new fee. These rollovers can send the borrower into a downward spiral of paying increasingly high fees and interest on the loan and never paying back the principal.11 Title Loans – These loans are similar to payday loans, but instead of writing a postdated check as collateral for the loan, the

the return is filed instead of having the consumer wait the 7-10 days for a return. These short-term loans are very expensive, and there is little assurance the return is prepared correctly. If the return is not prepared correctly, the consumer is responsible for paying any penalties to the IRS. And if the actual return is less than what was anticipated, the consumer is responsible for repaying the loaned amount – with interest.13 Credit Insurance – While credit insurance is not a loan in and of itself, it is present in the vast majority of predatory loans. In theory, credit insurance, whether life or disability, is designed to make the payments on a loan in the event a consumer becomes unable to pay the loan. This very expensive insurance is typically sold by the lender who also receives a significant commission from the sale. The consumer pays the monthly premium on the insurance but rarely sees a pay-out in the event she makes a claim because most of the insurance companies are looking for any reason to deny the claim. The additional cost of the insurance is profit for the lender and makes the consumer’s monthly payment higher. Most consumers do not even realize they are buying the insurance or, if they do, they are unaware of their right to refuse it.

Regardless of how predatory lending is defined or what form it takes, one fact remains clear: Victims of predatory lending end up with loans they cannot afford and lose valuable rights to protect themselves and their assets in the process. These borrowers are victims because they are unsophisticated, typically uneducated, and do

II. The Legal System’s Response to Predatory Lending For the most part, the legal system’s response to predatory lending has been largely ineffective. There are few existing laws that give consumer advocates the leverage they need to be able to adequately compensate victims of predatory lending. One significant impediment to strong laws against predatory lenders is preemption.

Federal law has essentially preempted any state law that attempts to regulate predatory lending. The Office of Thrift Supervision (OTS) and the Office of the Comptroller of the Currency (OCC) regulate national banks, nationally chartered thrifts, savings banks, and their subsidiaries.14 Since most lenders fall into one of the categories regulated by the OCC and OTS, only a small segment of state lenders would be subject to state predatory lending laws. So far, the OTS and the OCC have done little to curb predatory lending other than issuing policy statements discouraging it as an unsound lending practice.15 However, individual consumers have no enforcement authority for the policies and rules promulgated by these federal regulators.

Some federal laws can help combat predatory lending. The federal Truth in Lending Act (TILA) can often be a powerful weapon in the consumer advocate’s arsenal.16 TILA mandates that a lender provide disclosures about the true cost of the credit the borrower is receiving. It also requires that the amount financed, the annual percentage rate, the finance charges, and the total amount paid on the loan be disclosed in writing before the consummation of the loan. Where a payday lender fails to provide any TILA disclosures in a transaction, a prevailing consumer would be entitled to actual and statutory damages and attorney fees. However, TILA only requires that the cost of the credit be disclosed (i.e., the 300% APR); it does not regulate the amount of the costs.

Where a predatory mortgage lender gives the proper TILA disclosures but the loan amounts or rates are unreasonably high, TILA does not provide any relief for the borrower.

One state remedy in the consumer advocate’s arsenal is the Unfair and Deceptive Acts and Practices statutes (UDAPs).17 UDAPs are broad statutes that typically make it illegal for a person or entity to commit an unfair or deceptive act. They provide for actual and statutory damages as well as attorney fees and usually have generous statutes of limitations. For example, the statute of limitations for the Florida Deceptive and Unfair Trade Practices

Act is four years from the date of the deceptive act.18 However, the weakness of most UDAPs is that they commonly exempt large sections of the financial market. In Florida, for example, any bank or savings and loan that is regulated by the Office of Financial Regulation is exempted from the statute.19 This means that any national bank, and most other types of banks and lenders, may be immune from a UDAP claim.

Although common law claims such as unconscionability, fraud, conversion, and other federal claims provide some relief to victims of predatory lending, there is no comprehensive statute that directly addresses the problem. Some states have been successful at passing predatory lending statutes,20 but they are for the most part preempted by federal law. Current law is woefully inadequate at addressing the central issues, which is a significant reason why predatory lending continues to be so pervasive in our communities.

III. Predatory Lending Affects the Whole Community The effects of predatory lending are not limited to the victims alone. Though the practices may go unnoticed when a significant segment of the community falls prey to predatory loans, the community as a whole is affected and is forced to respond.

As Ms. Podelco’s story demonstrates, when predatory lenders take consumers’ assets, consumers have to make up for that loss in some way. If part of a person’s food budget is going to pay her predatory mortgage, she will need food stamps or the services of a soup kitchen to get the food she needs. Otherwise, she may have increased health care expenses because of lack of proper nutrition.

If a consumer is paying for a predatory loan as opposed to a fair loan, that consumer is spending more for the product than it is really worth. That unearned money is going to the predatory lender, rather than being used by members of the community for vital needs such as food, shelter, health care, and transportation.

The starkest example of predatory lending’s potential effect on communities is being realized right now across the country as part of the current foreclosure crisis. When community members get tricked into mortgages they cannot afford, houses eventually go into foreclosure, property values decrease, neighborhoods erode, crime rises, homelessness increases, and the city loses valuable income on property taxes.21 Suddenly, homeowners who are current with their prime mortgages are finding that they owe more than their homes are worth because surrounding property values have decreased so drastically.22 Foreclosures are not the only example of how predatory lending can affect entire communities. When victims of refund anticipation loans have significant portions of their return retained by lenders rather than available for their own use, it becomes less likely that they

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not have access to prime lenders. The predatory lenders are taking advantage of them, and there is often little a victim can do to protect herself from becoming a victim. Even worse, borrowers are not the only ones who suffer. When a victim of predatory lending feels a financial strain, the community feels the strain as well.

will have the resources to put a deposit down on an apartment so they can move out of public housing or to catch up on a late mortgage payment instead of turning to city welfare agencies. When money goes to predatory lenders instead of the consumers who can least afford to pay, these consumers will inevitably turn to city and charitable agencies for help with the basic necessities that they can no longer afford. The more predatory lending occurs, the more the community’s resources are depleted.

If a community stops or significantly limits the amount of predatory lending, the local victims of predatory lending will be less likely to require assistance from the community’s agencies, and more likely to sustain and improve their lifestyles. Consequently, the challenge becomes how to prevent predatory lending in the first place.

what they meant.25 Therefore, additional disclosures, while helpful, will not solve the problem entirely.

Even if more consumers understood the terms of their loans, they still may have no choice but to accept the terms.

Predatory lenders tend to thrive in economically depressed areas because they are the only lenders to which the community has access.26 Many consumers may prefer not to use a payday lender, but in the absence of any national banks in the area, they may have no other choice for a short-term loan.27 One solution is to make illegal certain types of predatory lending, such as payday loans and refund anticipation loans. The danger in this proposal is that those with subprime credit histories need some access to credit, even if it is more expensive. As distasteful as payday lenders are, in their absence it is likely that the old days of loan sharking could resurface.

At least payday lenders are regulated by existing laws, whereas loan sharking is completely unregulated.

If subprime lending is a necessary evil and it is impossible to identify loan terms that are purely predatory, what options does a community have? Several recommendations listed below may not solve the problem entirely, but may curb the effects of predatory lending.

Community Development Banks – These are entities designed to provide capital and rebuild lower income communities.28 They lend to low- and moderate-income homebuyers29 and can present an alternative to predatory lenders. A community development bank (CBD) does more than just help homebuyers; its mission is to resurrect the tradition of a hometown, neighborhood-based bank. Using sound and reasonable banking principles, CBDs work to revitalize and develop a targeted geographic community.30 A small number of successful CBDs exist in the country, and those few are enormously successful. For example, the South Shore Bank in Chicago and the Elk Horn Bank & Trust in Arkansas have both been very successful in their communities.31 CBDs are not appropriate for every community and would not eliminate predatory lending, but their presence in a community would give low-income residents one alternative to using predatory lenders.

Stronger Consumer Protection Laws – Empowering individuals to fight specific incidents of predatory lending can lead to widespread relief for many in a community. State and federal legislatures need to pass more consumer protection statutes that

Even if more

consumers understood the terms of their

loans, they still may have no choice but

to accept the terms.

IV. Proposals for Change While the causes and effects of predatory lending are relatively easy to identify, the remedy is much more elusive. There is no simple solution to this problem. Part of the difficulty lies in the lack of agreement on the definition of predatory lending itself. Without an ability to define it, it becomes almost impossible to eradicate it. For example, while adjustable interest rate mortgages are very common in predatory loans, banning adjustable interest rates from all loans would not necessarily stop predatory lending. First, there is a certain segment of the population for whom adjustable interest rates are appropriate. Second, adjustable interest rates are not necessarily predatory in and of themselves. However, an adjustable rate may become predatory when combined with brokers who lie about the existence of the rate, and lenders whose customers on fixed incomes will not be able to afford the payment after the rate adjusts.

Some advocates believe consumers should be better informed about the terms of their loans because if a consumer fully understands the deal that she is getting she will be more likely to walk away from the deal.23 Additional disclosures would only solve part of the problem, though. Many consumers either do not read or do not understand the disclosures that they are given. Almost every loan comes with disclosures required by TILA that describe the finance charges and total cost for the loan.24 But most consumers report they did not see these disclosures in the stack of documents they had to sign and if they did see them, they did not understand

1 Predatory Mortgage Lending: The Problem, Impact and Responses: Hearing Before the U.S. Senate Committee on Banking, Housing, and Urban Affairs, 107th Cong. 1-2 (2001) (statement of Ms. Carol Mackey, Private Citizen).

2 National Consumer Law Center, Stop Predatory Lending 256 (2nd ed. 2007).

3 Supra, note 2.

4 Stevens v. Deutsche Bank Nat. Trust Co., No. 2:08-cv-145-UA-SPC, 2009 WL 248239, at *1 (M.D. Fla. Jan. 30, 2009).

5 Stephen Painter, Subprime Lending, Suboptimal Bankruptcy: A Proposal to Amend §§ 522(F)(1)(B) and 548(A)(1)(B) of the Bankruptcy Code to Protect Subprime Mortgage Borrowers and their Unsecured Creditors, 38 LYUCHILJ 81, 87 (2006).

6 Painter, supra note 5.

7 R.G. Quercia, M.A. Stegman, & W.R. Davis, The Impact of North Carolina’s Anti-Predatory Lending Law: A Descriptive Assessment 2003 Center for Community Capitalism, at 4.

8 Gary Rice, New Strategies for Financial

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11 12

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Institutions in the E_Commerce Economy, 1206 PLI/Corp 1037 (2000) (see Attachment 4: Testimony on Predatory Lending before the Committee on Banking and Financial Services United States House of Representatives, 106th Cong. 1102 (2000) (statement of Ellen Seidman, Director of Office of Thrift Supervision).

Kathleen C. Engel & Patricia A. McCoy, A Tale of Three Markets, The Law and Economics of Predatory Lending, 80 Tex. L. Rev. 1255, 1260 (2002).

Lloyd T. Wilson, Effecting Responsibility in the Mortgage Broker-Borrower Relationship: A Role for Agency Principles in Predatory Lending Regulation, 73 UCINLR 1471, 1473 (2005).

Jenkins v. First Am. Cash Advance of Ga., LLC, 400 F.3d 868, 871 (11th Cir. 2005).

See Annesley H. DeGaris, AAJ Annual Convention Reference Materials, Am. Ass’n for Justice (2007.)

Pac. Capital Bank, N.A. v. Conn., No. 3:06-CV28(PCD), 2006 U.S. Dist. WL 2331075, at *1 (D. Conn. Aug. 10, 2006).

in the first place. While it seems a daunting task to educate all consumers about the many aspects of financial transactions, advocates have been able to make significant headway in alerting the most vulnerable consumers to the dangers of the various types of predatory loans. Advocates have begun going into local schools to teach financial literacy,32 and many legal aid offices hold clinics on various consumer protection topics. Many victims of predatory lending suffer from a significant imbalance of information between the lender and the borrower; the lender knows exactly the implications of the predatory loan, while the borrower usually understands very little. Explaining the tricks and the deception inherent in predatory loans will help borrowers make informed decisions about the loans they are getting.

V. Conclusion There are certainly no easy solutions to a problem that is complex and defies classification. But communities must search for solutions to predatory lending or they will inevitably suffer.

Stories like Ms. Podelco’s are not uncommon, and when hard-working citizens like her lose their homes, the fabric of the community begins to disintegrate. It is impossible for such a pervasive and insidious problem not to have a ripple effect through the community. Instead of lining the pockets of predatory lenders at the public’s expense, states and communities must look for ways to keep the hard-earned money in the pockets of the local citizens. COASTAL

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Professor Laura Boeckman is the supervising attorney for the Consumer Law Clinic at Florida Coastal School of Law. She would like to express her deep gratitude to Wendy Arcuri without whom this article would not have been possible.

14 Elizabeth F. Brown, E Pluribus Unum—Out of Many, One: Why the United States Needs a Single Financial Services Agency, 14 UMIABLR 1, 14-15 (2005).

15 Bank Activities and Operations; Real Estate Lending and Appraisals, 69 C.F.R. §§ 1904, 1908, 1913, 1914 (2004).

16 15 U.S.C. §§ 1601-1693r. (2000).

17 See, e.g. Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.202 et seq. (2008).

18 S. Motor Co. of Dade County v. Doktorczyk, 957 So. 2d 1215, 1216 (Fla. 3d DCA 2007); Fla. Stat. § 95.11(3)(f ) (2008).

19 Fla. Stat. § 501.212(b)-(c) (2008).

20 N.C. Gen. Stat. § 24-1.1E et seq. (2007).

21 Laura Dietrich, Massachusetts’ New Predatory Lending Law and the Expanding Rift Between Federal and State Lending Protection, 26 BCTWLJ 169, 184 ( 2006).

22 See Curbing Predatory Home Mortgage Lending 28-30 (HUD, June 2000) available at http:// www.huduser.org/publications/hsgfin/curbing.html.

23 Subprime Credit Crisis: Everything You Need to

Know Now, 1668 PLI/Corp 493, 504 (2008).

24 15 U.S.C. § 1605, 1606 (1995).

25 Debra Goldstein, Protecting Consumers From Predatory Lenders: Defining the Problem and Moving Toward Workable Solutions, 35 HVCRLLR 225, 235-236 (2000).

26 Danrellena Christie Burnett, Justice in Housing: Curbing Predatory Lending, 15-APR NBAM 14, 14 (2001).

27 Deena Reynolds, A Look at Payday Loans & Current Regulation in Texas, 8 TXTALJ 321, 327 (2007).

28 Rochelle E. Lento, Community Development Banking Strategy for Revitalizing Our Communities, 27 UMIJLR 773, 776 (1994).

29 Lento, supra note 28.

30 Lento, supra note 28, at 781.

31 Lento, supra note 28, at 783.

32 See, e.g. CARE Program: Credit Abuse Resistance Education, http://www.careprogram.us/ (program initiated by bankruptcy judge, Judge Ninfo).

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actually protect consumers. The federal government needs to reduce the scope of its preemption of national banks. States are the best laboratories for testing different solutions to the predatory lending problem. But right now, their hands are tied by preemption, and the federal entities responsible for regulating predatory lending in national banks are ineffective.

Perhaps the most useful legislation would be statutes that address predatory lending specifically. For example, one statute could address predatory mortgage lending and another could address other types of predatory lending (payday loans, refund anticipation loans, etc.). Consumer advocates would then have statutes that directly combat predatory lending instead of only attacking the collateral problems outside the core of the transaction. Such statutes could impose interest rate caps on certain types of loans and require disclosures that advise the borrower of the dangerous nature of the terms of the loan.

For consumer protection statutes to be truly effective, they need to provide for significant statutory damages and attorney fees. Strong consumer statutes are useless if a victim is required to pay an attorney a significant retainer up front just to obtain representation. Most consumer attorneys work on a contingency-fee basis; they count on recouping their fees and costs at the end of the case through the statutory entitlement to attorney fees. Most victims of predatory lending not only cannot afford an attorney’s retainer, but often have suffered damages significantly less than an attorney would charge to file the case. Fee provisions allow consumer attorneys to devote themselves to being effective consumer law advocates without fear of being unable to collect fees.

Education – The best solution to a problem is preventing it

PERSPECTIVES

Student Clinicians Serve on the Front Lines

In trying times, Coastal Law students represent Jacksonville’s underserved

clients are finding themselves serving more and more of the working poor in the community. Coastal Law students are seeing the pervasive effects of the economic crisis first hand, and as a result are experiencing new and unique opportunities to learn while giving a helping hand to those in need. As student clinicians gain both the satisfaction of assisting clients and opportunities to refine practical skills, they are discovering the enormity of the crisis while at the same time learning how one financial “domino” leads to a multitude of legal problems.

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xpensive car repairs quickly catch a deaf Jacksonville resident up in a financial crisis, leaving her behind on her mortgage and facing foreclosure. Months later, she regains the ability to make her mortgage payment, but cannot get the mortgage company to talk to her. The company filed a foreclosure, but after five months of litigation has still not been able to prove it actually owns her mortgage. In addition, it has been force-placing a flood insurance policy on her property despite her already having an existing policy, and it continues to send notices of the force-placed insurance to her ex-husband’s address. Sound like a law school exam question? Students in Florida Coastal’s clinical programs know the scenario is all too real.

While there are legal service agencies in Northeast Florida that assist those who lack the means to hire legal representation, the resources of these agencies are more limited than ever. The “perfect storm” of economic crisis and fewer resources has placed Coastal Law students on the front lines of defense for many.

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Needs are many, diverse Created in response to the growing need and from appeals for help from local legal aid organizations, Coastal Law’s new Housing Rights Clinic students quickly filled their caseload with problems ranging from basic landlord/tenant issues to subsidized/public housing matters to fair housing reasonable accommodation/modification requests.

“With the economy being in the state that it is and with the number of foreclosures of homes and even rental properties being way up, the demand for lower income rental housing is far surpassing the supply right now,” said Professor Lois Ragsdale, who oversees the D

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Housing Rights Clinic. “So many people are looking for subsidized The “upside to the downslide” – developing valuable practical skills in students options right now because there is literally nowhere else to go.”

Often tempted by a too-good-to-be-true financial “quick fix” From an educational and practice skills standpoint, the irony of to their problems, those clients living on the economic edge fall the situation is that Coastal students are getting a valuable victim to fraudulent schemes in increasingly higher numbers. practicum in real-life issues that might not normally arise in the Not surprisingly, the Consumer Law Clinic has seen a signifivariety and frequency that the economic crisis has produced. cant increase in its caseload as well, with student clinicians this “The Clinic was successful this past semester in getting several school year spending numerous hours working with clients, debt collection cases against our clients dismissed because of illegal while being confronted with the ever-innovative ways companies collection practices by the debt collector,” said Boeckman. “As impordefraud consumers. tant as these cases are, they also present wonderful opportunities for “More recently, we have been actively involved with the housing the students to go to court for hearings and to usually have their case crisis, with about half of our cases involving resolved during one semester.”

Clinical programs once primarily foreclosure defense,” said Professor Laura Additional opportunities have arisen in providing services to indigent Boeckman, who oversees the Consumer Law search/seizure issues in civil cases, DART clients are finding themselves Clinic. “And while these cases are extremely (drug abatement response team) and serving more and more of the time-consuming and complex, the students condemnation proceedings, fair credit working poor in the community. do a wonderful job picking up where the prereporting act questions, tenants in vious clinician left off and carry the case forforeclosed properties, security deposits ward for another semester.” The other half of the Clinic’s cases, and small claims proceedings. In its first semester alone, Coastal Boeckman said, involved protecting people from illegal debt collecLaw students provided representation to 18 cases referred to the tion practices.

Housing Rights Clinic, from initial interview to completion; and eight cases remain pending. Clinicians also trained and Financial hardship puts strain on families, subsequently acted as fair housing testers for rental properties, and exacerbates other problems attended a Fair Housing Symposium sponsored by the Jacksonville Certainly, the current economic situation has had an impact on Human Rights Commission. the clinical work associated with fiscal issues, but financial problems Professor Ragsdale, who has more than 20 years’ experience can also put a strain on families and exacerbate other problems. representing the indigent, noted that based on the sheer number of “As is often the case, one client can bring a number of issues,” cases referred to the housing rights clinic, students are getting a taste said Professor Rebekah Gleason of the Family Law Clinic. “One of what it’s like to work at an accelerated rate. such case involved a child, K.R., with several disabilities who also “It’s not an option for us to get back to a client ‘some time next found himself in the middle of a delinquency case largely due the week,’ ” she said. “After we get the call, we need to be ready to impact of his disabilities. move within 24-48 hours because these kinds of cases can’t wait.

“Without the clinicians’ assistance, K.R. would likely be in a “To broaden the clinicians’ exposure to client interviewing, they juvenile detention center without necessary academic services, and were also given the opportunity to view courtroom proceedings at unable to advocate for himself,” Gleason said. the Duval County Courthouse, and to interview potential clients Coastal Law’s Family Law Clinic covers issues ranging from at Jacksonville Area Legal Aid,” said Ragsdale. “I am also in the assisting clients in dissolutions of marriage including custody, process of setting up a pro bono intake night at Jacksonville Area adoptions, guardianships and paternity actions. The clinic also Legal Aid for future clinical students.” specializes in matters relating specifically to children, including In addition to gaining experience representing real clients, the delinquency, dependency, and special education. These practice students also are given a chance to develop and participate in preareas touch on what are sometimes volatile emotional arenas for ventative measures designed to help people make the decisions that families under normal circumstances. Mix in financial problems will keep a crisis at bay. and the problems get worse.

“I routinely expect a lot out of my students, but they really Likewise, the clinics that cover issues related to social security exceeded my expectations this semester,” said Professor Erika disability claims, Medicaid and Medicare benefits, and advance Curran, who oversees the Immigrant Rights Clinic. “They worked directives expect to see a full caseload as more people are funneled very hard and won some significant and wide-ranging cases. I’m into the entitlements system after losing their jobs. extremely impressed and proud of them.” COASTAL

IN PRACTICE

Mike Roland, Class of 2007, Defends Consumer Rights To do good for people is its own reward.

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eaving the West Coast with a degree in Music Composition from the University of California, Santa Barbara, and a master’s in Business Administration from San Jose State, Coastal Law alumnus Mike Roland headed to the East Coast to study at Coastal Law in 2004.

Roland, like many students new to law school, said he had an idea of what he wanted to do with his JD, but his plans quickly changed along the way. Though first taking an interest in constitutional law, Roland said he quickly fell in love with consumer law following a discussion with some of his professors.

“There are many areas of law that are just out to get people, and even many attorneys have that reputation,” said Roland, “but I knew that I could never take a position that would hurt others.”

“I found Consumer Law to be a positive area of law where attorneys can do a lot of good for people.”

Roland continued to pursue his interest in consumer law, eventually signing up for Professor Laura Boeckman’s consumer law clinic during his second year. He enjoyed the class so much he enrolled twice.

“Mike was definitely very interested in consumer cases and protecting our clients’ consumer interests,” said Boeckman. “He was a senior clinician – meaning he took the clinic for one semester and then took clinic credits again the following semester so that he could continue to work on his cases.

“Mike was a passionate and eager student. He had a lot of compassion for his clients

and worked very hard to advocate for their interests.”

Adds Roland, who refined his research and writing skills while clerking: “The clinic had a huge impact in preparing me for my career. It’s a good way to apply practical issues with all areas of the law.”

Leading up to his graduation, Roland approached Boeckman about helping him start his career – a task she was only too happy to accept.

“I worked with Mike on helping him find a job in the consumer field because I think it is important to help new attorneys who want to do consumer law, especially those who possess the level of hard work and dedication that Mike has,” she said. “The consumer law attorneys are a close-knit group, and I knew I could find someone who was doing consumer work that would be able to hire him.”

Roland is currently still living near a beach and working with two other attorneys at Consumer Law Center, P.A., in Bradenton, Florida. With the current economic crisis, Roland said his law firm has been busier than others, especially when considering the increase in the number of people who are unable to afford their mortgages.

At the center, the firm also handles issues pertaining to bankruptcies, foreclosure and credit card defense, predatory lending abuse, and auto fraud/repossession. For Roland, the fact that he is able to do good for people with these problems is a reward in itself.

“Sometimes I’m working with people who are going through a bankruptcy and it’s probably the most traumatizing point in their lives,” he said. “But, I get this positive feeling when I’m able to provide them with that step in the right direction.”

When asked what advice he would give to law students interested in consumer law, Roland stressed the importance of taking the class first to see if it is truly something of interest. Also, learn the basics about local court rules combined with civil procedures.

“But most importantly, don’t worry about money,” he said. “There’s a pleasure in doing good, which sufficiently pays itself.” COASTAL

Everyday Ethics LESSONS

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PROFESSIONALISM

adversarial position. You can say that the school district’s lawyer wielded a linguistic hammer rather than a deft adversarial scalpel.

Missing from his calculus were the weighty concerns of professionalism that inform any use of language by a lawyer. That critical omission would ultimately prove fatal in the end. The

BY ROBERT HORNSTEIN judge was not moved by the school district’s Assistant Professor of Law Infusing Professionalism with lawyer’s arguments and denied the request for an injunction. n 1996, I represented a disabled nonWinning Arguments The stock-in-trade of the legal profession is English speaking 12-year-old student who language and judgment. How language is used is not had been placed under suspension from his midonly a core concern of good advocacy but professionalism as well. dle school in a Central Florida school district. The student had a Using language to demean and degrade opposing counsel is neisevere case of Tourette’s syndrome and several related behavioral ther good advocacy, nor is it good judgment. All too often lawyers and emotional disorders. substitute sharp-edged language for carefully crafted arguments That fall, the school district filed for an injunction in the local that persuade. state circuit court to remove the child from the school house on That was done in this case, though thankfully it did not yield the ground he posed a danger to others and to himself. At the the intended results. COASTAL emergency hearing, the attorney for the school district declared: “Isn’t it wonderful? Under Section 504 of the Rehabilitation Act, which is the statute that [the student’s counsel] loves . . . there is now a category for socially maladjusted.

“I mean are we to be faulted that we’ve come here today before someone has been hurt? Is what [the student’s counsel] would suggest that we need to wait [until] there’s blood?

“We can’t run a school if we’re forced to put [the student] back. I think the worst thing that . . . can happen to [the trial court] [is] you can get reversed and I’ll go down fighting to make sure [you don’t]. “[P]erhaps [the student’s counsel] would like to live in the world where the inmates run the prison. ” The use of language is not only a core concern of good advocacy, but professionalism as well. Here, incendiary language was used in aid of an

Wise Words Will Never Hurt You

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Student News AWARDS, ACHIEVEMENTS AND

HIGHLIGHTS

Coastal Law Ranked in National Top 10 School will compete at Moot Court National Championship in January 2010 LORIDA COASTAL SCHOOL OF Law has earned an invitation to compete in the Moot Court National Championship (MCNC), an annual competition held in Houston. The Championship, which is open to the top 16 moot court programs across the country, will take place in January.

“Florida Coastal’s appellate advocacy program has emerged as one of the nation’s elite programs,” said Professor Sander Moody, Coastal Law’s Moot Court Honor Board Faculty Advisor. “The competitions are strictly merit-based. Anonymous grading removes everything else to reveal work ethic and ability.

The competitions show which law students consistently perform at the highest level in legal research and writing and oral advocacy. This consistent record of achievement by Florida Coastal’s Moot Court students reveals them for what they are – among the best in the nation at what attorneys do.”

In addition to being recognized as the top law school from the state of Florida, Coastal Law is ranked among the top 10 ABAaccredited law schools in the country.

Columbia University, University of Pennsylvania, Washington University, St. Louis, and William & Mary earned top-20 moot court rankings. Coastal Law is the only law school in Florida to be invited to the National Championship.

As part of the qualifying process for the MCNC, the approximately 200 ABA-accredited law schools across the country earn points based on their performances in major moot

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Taken at this year’s moot court internal competition at the United States Courthouse, Jacksonville: Team co-champions, Lindsay Brye and Jennifer Dunne (second and fourth from left), with Judge Robert M. Foster of Florida’s Fourth Circuit Court of Appeals, Senior Judge James C. Hill of Florida Eleventh Circuit Court of Appeals, and team coach Professor Sander Moody.

court competitions each academic year.

This year alone, Coastal Law won a national title at a prestigious competition hosted by the Williams Institute at UCLA, defeating New York University in the finals, and a championship in a competition hosted by the Navy’s JAG Corp, defeating the University of Florida in the finals. Florida Coastal’s Moot Court students reached the final round in six of the nine moot court competitions they attended this year.

In the nine moot court competitions, Coastal Law won three Best Brief Awards,

including winning the Best Brief Award at the Florida state championship, and six Best Advocate Awards. Coastal also had a brief place in the top 10% at an international commercial arbitration competition in Vienna, Austria, attended by more than 230 law schools from around the world.

“It’s been rewarding to watch the most competitive law firms and other organizations here in Florida, and across the country and in Europe, recognize this in granting interviews and job offers to our students,” Moody said. COASTAL

Students Honor Judge Tjoflat at Law Week Banquet S PART OF THE ACTIVITIES AND presentations during Coastal Law’s Annual Law Week in March, students presented Judge Gerald Bard Tjoflat with the 2009 Justice Ehrlich Award. Tjoflat, of the Eleventh Circuit Court of Appeals, accepted the distinction during a banquet held at the Hyatt Regency Jacksonville Riverfront.

The Ehrlich Award is presented annually to a member of the legal community who is not only a pioneer in his/her professional life, but also a great humanitarian. The selection committee criteria included a review of the nominee's professional accomplishments, community involvement, ethical standards, and the embodiment of Coastal Law student ideals.

“Lawyers are what make the system work," Ehrlich once said. “The Bill of Rights, which means so much to all of us, wouldn't be worth the paper it's written on except for a

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vigilant and strong Bar. If somebody thinks his rights have been violated, he can find a good lawyer who will challenge it in the courts. And that's the way it should be.”

Outgoing SBA president Brian Strickland said Tjoflat represents more than the standard level of professionalism and civility. Rather, he said, he is the example.

“Judge Tjoflat has spent a lifetime of service in the legal profession representing the ideals of professionalism and service that reflect the foundation of our legal education at Florida Coastal,” said Brian Strickland, outgoing SBA president. “Any young lawyer would be wise to follow in his footsteps.”

In addition to recognizing Tjoflat at the banquet, the results of the SBA officer elections were revealed.

Students elected their new SBA officers for the fall during the school’s Law Week in March. COASTAL

BLSA Chapter Earns National Distinction HE JAMES WELDON Johnson chapter of the Black Law Students Association (BLSA) had an exceptional school year. The group started off with a Coastal Law record of 115 members, and finished being named BLSA Chapter of the Year by the Southern Region of the Black Law Students Association. The chapter earned the achievement by providing its members with benefits such as its Academic Enrichment program and Mentorship program and then by achieving more than 145 hours of community service in the fall semester alone.

Additionally, the group sent Mock Trial and Moot Court teams to competitions at the convention, where they made strides.

The Mock Trial team competed in the Thurgood Marshall Competition, where it won both of the preliminary rounds.

The Moot Court team advanced to the quarterfinals, and also earned Best Respondent Brief honors. COASTAL

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n March, Coastal Law’s Criminal Law and International Law Societies, and the school’s international law faculty members, hosted scientist Constantin Rauta as part of a legal conference held on campus. A former Romanian spy and now a U.S. scientist, Rauta was sentenced to death for treason in 1974.The High Court of Romania recently upheld the decision despite abolishing the death penalty in 1990.

“This was a case that fell through the cracks,” said second-year Coastal Law student Andrei Nana, who presented the idea for the conference after his discovery of Rauta’s case.

“I just want to try to raise the issue and examine both sides of it.”

After Nana and Rauta presented their information, the panel of international law faculty from Coastal Law discussed the case.

“The Romanian High Court upholding his death sentence seems to be another example Constantin Rauta and Coastal of a judicial system refusing to come to grips with the fundamental issues of justice that they Law student Andrei Nana. should be considering,” said Professor David Pimentel. “It’s the fundamental problem of how you deal with bad justice that was done before the conflict, now in the post-conflict environment.”

The sentence was originally handed down when Rauta was working as the Chief of the Foreign Intelligence Directorate.

Shortly after Rauta defected to the U.S., he was found guilty of treason by the Romanian court for giving away sealed letters of the state.

As a U.S. citizen and scientist, Rauta has contributed to the development of the Hubble, Landsat, EOS and Kobe satellite systems. COASTAL

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Scientist on European Union Death Row Visits Coastal Law

Faculty News HIGHLIGHTS, ACHIEVEMENTS AND APPOINTMENTS one to fifty million dollars.

Professor Jim Cataland Professor Jim Cataland has been appointed to a second term on the advisory board of the Women’s Business Center of North Florida. The organization provides various programs and services to businesswomen in a sevencounty region. Professor Cataland is also a judge for selection of the Woman Franchisee of the Year. He is also serving on the charter Second Stage Advisory Board, an initiative of the Jacksonville Chamber of Commerce. The board is dedicated to the development of programs and resources to support the continued growth of successful local companies with 10 to 100 employees, and annual revenue from

Professor Elizabeth DeCoux Professor Elizabeth DeCoux (left) spoke at the First International Conference on Animal Law in Montreal in May. She will also serve on a panel addressing Animal Law issues at the 2009 Annual Meeting in Denver, Colo., of the Association for Law and Society. Closer to home, she served as Santa Claus for Pet Pictures with Santa at PetCo, raising a tidy sum for Saving Animals Through Education.

Professor Cleveland Ferguson Professor Cleveland Ferguson III

(below) has been selected to chair the Budget and Audit Committee of the Florida Legal Services, Inc. (FLS). In addition to assisting management and the Executive Committee in the formulation of the FLS budget, the committee makes recommendations on monetary, auditing, and investment policy. For more information, visit http://www.floridalegal.org/.

Professor Roger Groves Professor Roger Groves made a symposium presentation on digital entrepreneurship and the evolving international business applications of Facebook at a conference at the West Virginia University College of Law in March.

Professor Groves has also become the Puerto Rican Chamber of

Professor Rick Karcher

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n November 7, Professor Karcher gave a presentation on professional sports leagues disciplining players for off-field misconduct at a symposium at Seton Hall University.

On December 10, he was a speaker at Street & Smith’s seventh annual Intercollegiate Athletics Forum on a panel titled Tackling Fantasy Football in College Athletics, discussing right-of-publicity issues related to commercial use of amateur athletes’ names and likenesses.

On January 6, Karcher testified at a bench trial as an expert witness on behalf of the plaintiff in the case of Oliver v. NCAA, Case No. 2008-CV-0762.The plaintiff, a pitcher at Oklahoma State University, was suspended for violating the NCAA’s “no agent” rule, which prohibits a lawyer from communicating with professional clubs on behalf of a student-athlete concerning the prospects of signing a professional contract. On February 12, in a 27-page opinion, the Common Pleas Court of Erie County, Ohio, ruled in favor of the plaintiff and determined that the rule is void as “arbitrary and capricious and against the public policy of the State of Ohio as well as all states within this Union and further limits the player’s ability to effectively negotiate a contract.”

On February 19, Professor Karcher participated as a panelist in a teleconference sponsored by the ABA Section of Antitrust Law and the ABA Center for Continuing Legal Education entitled “Whose Home Run is it Anyway? Practical Advice on Intellectual Property Issues in Sports.” COASTAL

Professor Lucille Ponte

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rofessor Ponte’s article “Preserving Creativity from Endless Digital Exploitation: Has the Time Come for the New Concept of Copyright Dilution?” was published in Boston University’s Journal of Science and Technology Law in February 2009.

Professor Ponte delivered her paper “Echoes of the Sumptuary Impulse: Considering the Threads of Social Identity, Economic Protectionism, and Public Morality in the Proposed Design Piracy Prohibition Act (DPPA)” at the Intellectual Property Scholars Roundtable at Drake University School of Law in Des Moines, Iowa, on February 27-28.The paper reviews the historical objectives of pre-industrial sumptuary codes, government control over social identity, the reinforcement of public morality, and the implementation of economic protectionism.These underlying objectives are also apparent in the legislative history and testimony in support of the recently proposed DPPA, which seeks to expand copyright protection to fashion designs.The article warns that the proponents of the DPPA will need to recognize why these earlier laws failed if they wish to enact and successfully implement the proposed DPPA today.

Her article “Preserving Creativity from Endless Digital Exploitation: Has the Time Come for the New Concept of Copyright Dilution?” has been published at 15 Boston University Journal of Science & Technology Law, 34-101 (2009).The article discusses the international legal issue of the moral rights of attribution and integrity for creative works and proposes a new legal theory of copyright dilution to protect such rights in an increasingly digital open content environment.

In addition, her published article “Coming Attractions: Opportunities and Challenges in Thwarting Global Movie Piracy” (45 Am. Bus. L. J. 331 (Summer 2008)) has been reprinted in a social science version as a chapter in the book The Global Challenge of Intellectual Property Rights (Robert Bird and Subhash C. Jain, eds., Elgar Publishing, 2009).The article critiques the current digital rights management (DRM) regimen and calls on the film industry to learn key lessons from the success of the “piracy business model” to reduce global copyright infringement. COASTAL

Professor Susan Harthill Professor Susan Harthill’s (right) recent ERISA article was accepted for publication in the April volume of the Oklahoma Law Review. This article explores whether makewhole relief, a traditional form of relief under trust law, is available for participants and beneficiaries of ERISAgoverned employee welfare benefit plans who have been harmed by a breach of fiduciary duty. Professor Harthill presented this article in November at the Third Annual Colloquium on Current Scholarship in Labor and Employment Law (San Diego).

Professor Harthill guest lectured on the

topic of bullying in the workplace at the Charlotte School of Law. The lecture was on February 17, via teleconference, in Professor Meredith Jeffries’ course Employment Law: Workplace Health and Safety.

Professor Harthill presented a similar topic to the faculty of Coastal Law on March 4, at the inaugural Faculty Colloquium. The colloquium will be a monthly event for the faculty to present their scholarly work and is organized by the Ad Hoc Committee on Faculty Scholarship, consisting of Professor Harthill, Professor Quince Hopkins, Professor Lucille Ponte and Professor Nareissa Smith.

Professor Harthill was also very active in her continued association with the Jacksonville Human Rights Commission ( JHRC).

Professors Harthill and

McDowell worked with the JHRC to establish an internship for Coastal Law students at the JHRC and the first intern began working at JHRC, this semester. In February, Professor Harthill invited guest speakers from JHRC to her Employment Discrimination class to speak on the work of the JHRC. And, in March, members of her Employment Discrimination class were guests at a JRHC brown bag lunch program in which EEOC representatives discussed the 2008 ADA Amendments Act. Professor Harthill was also a guest of the JHRC, along with Professor Lynn McDowell, at an evening with author Bliss Broyard, discussing her book One Drop and how racial identities are defined and their impact on our society.

Professor Nancy Hogshead-Makar Professor HogsheadMakar (left) has been elected to the Board of the Forum for the Scholarly Study of

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Commerce Liaison and Board of Director member to Jaxport on international trade.

Fully 75% of exports from Jaxport are to Puerto Rico. He also played the piano as part of the Presidential Inaugural Ball festivities at the Mayflower Hotel, Washington, D.C.

Professor Andrew Long

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rofessor Andrew Long was invited to join the International Union for the Conservation of Nature, Commission on Environmental Law.The Commission is a volunteer legal network that assists in the work of IUCN, the world’s oldest and largest global environmental network.

He was also invited to speak at the University of Aarhus in Denmark for the conference Beyond Kyoto: Addressing the Challenges of Climate Change in March.

The conference precedes the December 2009 negotiations in Copenhagen by the parties to the UN Framework Convention on Climate Change and Kyoto Protocol, which will aim to reach agreement on a post-Kyoto climate change treaty. Speakers at the conference include Dr. Gro Harlem Brundtland and Professor Robert N. Stavins. Professor Long will make a presentation, Linkages & Opportunities: Preserving Biodiversity in a Changing Climate, during the session on the role of global environmental conventions in protection of biodiversity and ecosystems in a phase of climate change.

Also this month, Professor Long’s most recent article, “International Consensus & U.S. Climate Change Litigation,” was published in the William and Mary Environmental Law and Policy Review. Prior to publication, the article was listed in SSRN’s top 10 downloads for the journals LSPLCL: International & Comparative Law, LSPLCL: Judicial Review, JR: Policy Limitations on Judicial Review, and LSPLCL: Structure of Government & Political Theory. It was featured on the Legal Theory blog. COASTAL

Intercollegiate Athletics in Higher Education.

She will also serve on the editorial board of the Journal of Intercollegiate Sport, which is edited by the Forum. The Forum presents an academic colloquium on issues in intercollegiate athletics just prior to the annual meeting of the NCAA in early January.

Professor Hogshead-Makar wrote an amicus brief on behalf of the Women’s Sports Foundation (where she is counsel of record) on behalf of plaintiffs in Mansourian v. Regents of the University of California, et al., in the Ninth Circuit, Civil Case No. 03-cv-02591-FCDEFB, February 9, 2009. Other parties that signed onto the brief were the National Association for Girls and Women in Sport (NAGWS), the Feminist Majority Foundation, Northeastern University Center Sport in Society, Dads & Daughters, and the Sporting Goods Manufacturing Association (SGMA).

Professor Hogshead-Makar presented at the NCAA’s Scholarly Colloquium January 14 in Washington, D.C. Her topic was Implementing the NCAA’s Pregnancy and Parenting Policies, with her coauthor,

Elizabeth Sorensen, Ph.D., RN, CNOR, Assistant Professor-College of Nursing and Health NCAA Faculty Athletics Representative, Wright State University.

Professor Michael Lewyn Michael Lewyn (right) continues to participate in the Planetizen urban planning blog, at http://planetizen. com/interchange.

He was recently named contributing editor of the “Keeping Current” section of Probate & Property, a publication of the ABA Real Property, Trust, and Estate Law Section. In addition, he continues to write for Folio Weekly; his articles are available in the “Op-Eds” section of his web page at http://works. bepress.com/lewyn.

Professor Marc C. McAllister Professor Marc McAllister’s article analyzing the scope of third-party consent in the post-Georgia v. Randolph world was recently

published in the Cleveland State Law Review, accessible at 56 Clev. St. L. Rev. 663 (2008).

Professor McAllister has also accepted an offer to publish his most recent article in the Spring 2009 edition of the Case Western Reserve Law Review. The Case Western article, entitled “Down But Not Out: Why Giles Leaves Forfeiture by Wrongdoing Still Standing,” builds upon his first confrontation clause article published in the Florida State Law Review in Spring 2007, and contends that the Supreme Court in Giles v.

California, 128 S.Ct. 2678 (2008) unduly limited the scope of a confrontation exception the Court had endorsed just four years earlier.

Professor Sander Moody Professor Sander Moody has been invited to moderate a panel on appellate advocacy at the Honorable Ralph W. “Buddy” Nimmons Jr. Federal Practice Seminar hosted by the Federal Bar Association. The other panel members will consist of federal circuit court judges.

David Pimentel (right) presented his research on problems in the federal judicial discipline regime – The Reluctant Tattle-tale: the Untold Story of Judicial Misconduct – at a J. Reuben Clark Law Society Conference at Thomas Jefferson School of Law in San Diego on January 6.

Pimentel went to Kathmandu, February 12-17, to make presentations on third branch (judiciary) issues in the drafting of the new constitution of Nepal. He collaborated with local officials involved in the drafting process as well as other international scholars also there to participate.

Professor Christopher Roederer In January, Professor Roederer (left) presented Working the Common Law Pure: Developing the South African Law of Delict

(Torts) in Light of the Spirit, Purport and Objects of the South African Constitution’s Bill of Rights at the American Association of Law Schools Annual Meeting: Torts and Compensation Section ( January 2009). His article will be published in the Arizona Journal of International and Comparative Law (2009).

Professor Bradley Shannon Professor Shannon (right) recently submitted formal comments with respect to the proposed amendments to Federal Rule of Civil Procedure 56, the rule governing summary judgment.

Professor Shannon’s comments (08-CV-134) may be viewed at http://www.uscourts.gov/rules/ 2008_Civil_Rules_Comments_Chart.htm.

Professor Cynthia Stroud Professor Cynthia Stroud has been appointed to the Archives Committee of the Legal Writing Institute.

Professor Fred Tromberg Adjunct Professor Fred Tromberg has been appointed by the President of the Florida Bar to serve as Chair of the Civil Trial Law Board Certification Committee of the Florida Bar. There are approximately 1,100 board-certified civil trial attorneys who are members of the Florida Bar. The Civil Trial Board Certification Committee is responsible for reviewing all applications and reapplications, as well as preparing and grading the written examinations for board certification. Professor Tromberg has served on the committee for four years. As Chairman, he has lectured on behalf of the Florida Bar and also participated in the Board Certification Exam Review Course as a speaker. Approximately 1% of the attorneys in Florida are boardcertified civil trial lawyers. As such, these attorneys are designated as “specialists” and “experts” by the Florida Bar in civil trial law. Professor Tromberg teaches Florida Practice and Procedure at Coastal Law and maintains a private practice as a trial attorney. COASTAL

Professor Rod Sullivan

P

rofessor Rod Sullivan has agreed to be a contributing author to the book Maritime Law: Practice and Procedure to be published in September by the Florida Bar. Professor Sullivan will be writing the chapter entitled “Maritime Procedure.” In December, Professor Sullivan taught a seminar for lawyers in Jacksonville on maritime personal injury presented by Lorman Education Services.

Professor Sullivan’s article entitled “A Faustian Bargain: Creating a Successful Agreement in the WTO Negotiations on Trade in Maritime Services” has been accepted for publication by the University of San Francisco Maritime Law Journal. The article addresses the currently deadlocked World Trade Organization negotiations under the General Agreement on Trade in Services and proposes compromises in the field of maritime services which address the concerns of the U.S., the European Community, and UNCTAD.The USF Maritime Journal is the law journal in which U.S. maritime policymakers frequently publish articles on matters of national and international maritime policy.

In March, Professor Sullivan appeared before the justices of the Supreme Court, (illustration, left) representing an indigent seaman who was denied medical care by his employer after he was injured in an accident on a tugboat. A final decision is expected this summer.

Professor Sullivan has been invited to be a lecturer at the Louisiana Association of Justice Maritime Seminar to be held in New Orleans in August. COASTAL

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Professor David Pimentel

Alumni News HIGHLIGHTS, PROMOTIONS, AWARDS AND ACHIEVEMENTS

1999 Dear Fellow Alumni:

Larry Gilliam is a solo practioner

I am Michael Orr and will be serving you, the 2,000+ Alumni, as the President of the Alumni Association for the next two years. We have much to be proud of with respect to our growth and establishment, but still have a great deal of work to do. Over the next two years, my overarching goal and theme will be for all of us to accept more responsibility for this Association by getting involved.

in London, Kentucky. He practices personal injury law primarily; criminal defense and family law.

Our growth has resulted in steady alumni chapter development nationwide. We should continue those efforts by contacting the Alumni Office to take on the challenge of setting up chapters in our communities. They can assist in this process.

2000

We should attend events and meetings planned throughout the year to better network with each other. I especially encourage you to make plans to attend the annual Florida Bar meeting in Orlando ( June 25) and Alumni Weekend 2009 (October 23).

We should continue our efforts to embrace the online technology being introduced to us by Coastal Law to provide better online community services. The online services will be bolstered this coming August, so please register with the Alumni Office today to make sure you can readily take advantage of the benefits.

Our Board of Directors is meeting to determine how best to increase alumni involvement in our activities and pursuits. In the meantime, if you are interested in getting involved, please visit the website and submit your interest.

Our degree advancement and the success of our school ultimately depend upon our alumni successes. When we accept responsibility for our Association, we will all benefit and excel. Best of luck to you all in the future, and thank you for your support of the Alumni Association.

Cheers,

Michael Fox Orr, President

Jim Farah re-opened The Farah Law Firm, P.A., in January 2009.

Shirley Taylor has practiced with a

City Attorney in Hattiesburg, Mississippi, since graduation and as a solo practitioner in the areas of family law and criminal defense. She is currently working with the Mississippi Center for Legal Services primarily assisting Katrina victims.

David J.Taylor has left Florida after pursuing a 25-year successful law enforcement and legal career and returned to his home state of West Virginia to become the Director of Extended Learning at West Virginia Wesleyan College. In the state of Florida, Taylor served as deputy sheriff and Major Crimes Detective in Marion County Sheriff ’s Office.

After law school, Taylor became an attorney at the Capital Homicide Prosecution Unit (death penalty-involved cases) in the Office of the State Attorney in the Fifth Judicial Circuit.

Tracie Phillips (left) has been in private practice in Lake City since November 2002. She is also a Family Law Mediator for the Third and Eighth Circuit Court System.

“I also am still a good old country girl and run barrels on the professional rodeo circuit.”

Jeff Reel is currently Vice President and Assistant General Counsel for the ATP World Tour (the men’s professional tennis tour) in Ponte Vedra Beach. Jeff is also an adjunct professor at Coastal Law, teaching a course concerning legal issues in the area of sports marketing, sponsorship and licensing.

2001 Charles Keller (left) remains at

Citibank in Project Management. He has a wonderful granddaughter who takes all his time!

Tracy Alan Brown (left,

seated) was recently appointed to the Bench as a Magistrate Judge in Wayne County, Georgia. He is a partner in the firm Brown & Johnson, LLC, located in Jesup, Georgia.

He has also been chosen as Wayne County, Georgia’s, Favorite Attorney as voted in the local newspaper in 2008,

his own practice in October 2008.

He focuses on the criminal defense area, but also handles family law cases.

2002 Law Offices of Ron Sholes, specializing in criminal defense and family law.

2003 Peggy A. Baldt opened the new

firm Coplan Baldt, P.L., with Meade Marston-Coplan (2002).

This is a general practice firm; Meade is working from Atlantic Beach and Peggy from Orange Park, Florida.

David and Jenny Meyers

stal Law a o

oastal Law’s first graduating class will reach a milestone this October when it returns to the school ual Ann for its 10-year reunion. This time is a special one, 4th and the school’s Office of Institutional Advancement would like to personally invite each of you – the 195 original alumni - to your reunion weekend, whether you are practicing in Jacksonville or as far away as Hawaii (you know who you are!) c In the past 10 years, Coastal Law continues to grow in 4 to be r 2 3-2 both size and in reputation. Our graduates are excelling in all practice areas across the country, and most recently the school became home to one of the top 10 Moot Court programs in the nation.

Give us the opportunity to thank you for providing a solid foundation, and for your continued mentorship to the thousands of graduates who follow in your footsteps.

Many of you from the class of ’99 have also shown leadership by becoming active on the Alumni Association Board of Directors, including Immediate Past President James Farah.

“I hope my fellow classmates will take part in the festivities this October,” says Farah. “It is a day I don’t think many of us could have imagined would arrive so quickly. I am proud to be a part of the school’s legacy and will certainly attend.”

Again, please make plans to be a part of Alumni Weekend 2009 on October 23 and 24. We hope to see you there - Coastal Law’s pioneers!

Visit www.fcsl.edu/alumni for a schedule of events, information on accommodations, and more. COASTAL

C

nd e k e e W i n m Alu O

Garry Crews works in the

Attend your 10-Year Reunion!

,2 009

John S. Frankowski, Jr. opened

Calling All Class of 1999 Alumni: C

2007, 2005, and 2003.

25

firm of Meyers & Meyers, PC, in January 2007 in Canton, Georgia, and recently moved into a new office they share with their two golden retrievers.

Meyers & Meyers focuses on criminal defense and domestic litigation. David also serves as the Public Defender for three neighboring cities.

Amanda H. Meadows joined Brasfield, Fuller, Freeman, Goldis & Cash in Saint Petersburg, Florida, specializing in appellate litigation, real estate matters, personal injury, and corporate litigation.

2004

2005

Jo-Anne Yau (right) was appoint-

Mark A. Hall opened the law

ed as a Magistrate for the State of Florida. She presides over Civil Traffic Court. Jo-Anne is an associate at Wood, Atter & Wolf in Jacksonville, Florida, doing patents, trademarks,

firm of Hall & Soileau, P.A., with his partner Joshua Soileau in December 2008, in Jacksonville, Florida. Hall & Soileau is a general practice with concentration in the areas of family law, social security, contracts, and torts.

franchising, personal injury, and criminal defense.

Marcus Boston opened a law

Leland Taylor was elected Vice

firm, Wright, James & Boston, in the metro Atlanta area with alumni Jermane Wright (2005) and Nichole James (2005). The firm handles bankruptcy, family, criminal, personal injury, and tax law.

President of the Young Lawyers Division of the Lee County, Florida, Bar Association in January. In addition, he was reappointed by the Lee County Commission on March 24, 2009, to serve as a member of the Affordable Housing Committee, which he currently chairs.

Cynthia Veintemillas is practic-

ing at Apple Law Firm PLLC as an associate attorney. She specializes in criminal defense, but handles civil litigation as well.

Maggie Jo Hilliard, of the Law

Office of Maggie Jo Hilliard, P.A., was cast for a leading role in a full-length feature film that was written and directed locally in Northeast Florida. Filming has ended and the movie should be released before Fall 2009.

Jennifer Lewis was elected Chief Magistrate of Camden County, Georgia, and took office on January 1, 2009, for a four-year term. Additionally, she is the first female Chief Magistrate in Camden County.

Jeffrey Rich and Jason Mayberry (2006) opened a firm

in Tampa, Florida.

C O A S TA L L AW M A G A Z I N E | S u M M E R 2 0 0 9

(Nash) (both 2003) opened the

2006 Ryan Hulslander will be conduct-

ing an oral argument before Judges Van Nortwick, Kahn and Wolf at the First District Court of Appeal.

Currently, Ryan is a land use and zoning attorney with Patrice Boyes, P.A. David Goldman has started a new law firm in Jacksonville, Florida.

The Apple Law Firm PLLC currently works with clients in the following areas: estate planning, asset protection, guardianship, elder law, business formations, trust and will litigation, criminal law and firearms law.

J. Leighton Channell and Amber A. Channell (both 2006) announce

the opening of Channell Law Firm in Greensboro, North Carolina. The firm concentrates in the areas of family law, criminal defense, civil litigation, and estate planning, wills, and probate.

Patrick Cremeens formed The

Law Office of Patrick J. Cremeens

Your fellow alumni can’t refer you a case or invite you to an event if they don’t know where you are and what you are doing, so be sure to register with the Alumni Online Community. http://alumni.fcsl.edu in South Tampa, Florida, practicing in the areas of consumer claims for breach of warranty, Florida’s lemon law, civil trial and appeals, and criminal law.

Commander Luke Reid, Judge Advocate, U.S. Coast Guard, International Operations Officer, and Commander Kathleen Duignan, U.S. Coast Guard, U.S. Africa Command.

Robert Baggett is employed by the

U.S. Department of State in Los Angeles, California.

Jeff Miller, Judge Advocate, U.S.

Coast Guard, served as an Adjunct Instructor for the Defense Institute of International Legal Studies’ executive seminar April 13-17, 2009, in Praia, Cape Verde, Africa. The range of topics included: human rights and international law and maritime security and law enforcement. Specifically, Jeff instructed on the following topics: maritime law enforcement, rules for the use of force in maritime law enforcement, maritime counterdrug operations, and piracy and armed robbery against ships. He accompanied

ance defense litigation at Rinaman & Associates in Jacksonville, Florida. The firm is interested in accepting Chapter 7 bankruptcy cases and other civil litigation cases.

Megan is also preparing to take the Georgia Bar in July 2009.

2007 Elisabeth Ruiz, in collaboration

with the Coastal Law Immigration Clinic, won a pro-bono asylum case in removal proceedings before the Immigration Court in Orlando, Florida on May 14, 2009. The case involved a Haitian who fled his country of origin based on persecution for his political opinion.

Elisabeth was assisted by 3L student clinicians Crystal Johnson and Deidrean Lyon.

Sandra Perez is now working at Boyd-Jenerette in Jacksonville, Florida.

Megan Richards is practicing insur-

The Florida Coastal School of Law Alumni Board Officers 2009-2011** President Michael Fox Orr ’05

Immediate Past President James E. Farah ’99

Vice President Heather M. Reynolds ’02

Secretary Rebecca Black ’06

** As approved by board vote on May 29, 2009.

Captain Mitchell Bishop (above)

is a Judge Advocate in the U.S. Marine Corps and is currently assigned to the Office of the Staff Judge Advocate at Marine Corps Base, Quantico, Virginia. His current billet is Legal Assistance Attorney.

Jessica Blackman is working at

Kelley, Kronenberg, Gilmartin, Fichtel & Wander in Ft. Myers, Florida, and focuses on workers’ compensation insurance defense.

Andrea Baird is practicing residen-

tial and commercial real estate law with the St. Simons Island, Georgia, firm Gilbert, Harrell, Sumerford & Martin, P.C. – one of the oldest and most well-respected law firms in the state. “Our practice areas include trust and estates, corporate law, residential and commercial real estate, bankruptcy and all types of litigation. I am licensed to practice in Georgia and am a member of the Real Property Section of the State Bar of Georgia. I took and passed the February 2009 Florida Bar.”

continues to enjoy her practice, The Nemeth Law Corporation, located in Fleming Island, Florida. She handles family law as well as estate planning, guardianship and probate matters.

Eric Cummings recently created

Firm Client Connection, a website that connects law students, lawyers and experts alike with a common goal in mind: making the best case for the client. The website provides a forum that may be used for live chat, resume posting relating to job opportunities, job searching, recommendations of expert witnesses, referrals to other lawyers, and a host of useful links for law students and lawyers alike. For more information visit: http://www.firmclientconnection.ning.com.

selected to represent the university as a lead advocate and brief writer. “Our Respondent Memorandum took first place overall out of 233 teams from across the world. Our Claimant Memorandum took second place against the same pool of competitors. In oral arguments, we finished in the top 64 teams.�

Adam Marshall (left) became an

associate at The Marshall Law Firm, P.A., in Greensboro, North Carolina. The firm is a general practice with a special focus in collection law, debt defense, real estate, business law, wills and estates, personal injury, traffic violations, and other areas.

Kristine Kramp is working for Goodman, McGuffey, Lindsey & Johnson in Atlanta.

Kristin Dunmire recently

accepted a position as an Attorney-Advisor with the Social Security Administration in the Jacksonville, Florida, office.

In Memoriam

2008

Benjamin Lowe passed away

Stephanie Cabral is pursuing

Tuesday, May 12.

an LL.M. in international commercial arbitration in Stockholm, Sweden. Her university recently competed in the Willem C. Vis International Commercial Arbitration Moot in Vienna, Austria. She was

Charles Limbert died Saturday

January 31, 2009, from a lengthy illness.

and Joe Sandefur (both 2006) had their first child, Lily Elizabeth Sandefur, (left) on December 15, 2008.

Additionally, Joe joined the Myrtle Beach, South Carolina, office of McGangus, Goudelock and Courie.

Travis R. Walker (2006) and his

wife Anissa welcomed their first child, Travis R. Walker, Jr., on January 1, 2009.

Travis is an associate attorney practicing land use, zoning and real estate law with Weiss, Handler, Angelos and Cornwell, PA, in its Port Saint Lucie, Florida, office.

Marriages Richard Sichta

(2003) (right) married Susanne Sichta in September 2008. He was made a partner in 2007 at the law firm of Tassone and Sichta, LLC, in Jacksonville, Florida. The firm predominately focuses on capital appeals, including direct and post-conviction work.

Summer

David Lyle Brooks

Rose (Davis)

passed away September 13, 2007.

Nichols (2008) (left)

Births Meg Griffith Sandefur

was married to David Nichols on March 7, 2009, in Key Largo, Florida.

Summer practices family law at the Law Offices of John C. Kenny in Tallahassee, Florida.

She is currently busy preparing to open a new branch of the firm in Jacksonville, Florida, in January 2010. Her husband, David, is employed as a civil engineer at CSX in Jacksonville, Florida.

Arielle Molinet-Peters and William Peters Jr. (left) (both 2007) were married on January 31, 2009, at First Presbyterian Church in Fort Lauderdale, Florida. The couple met in early 2005, while attending Coastal Law. Mrs. MolinetPeters is an Associate Attorney at Bazinsky, Korman and Baker. She recently argued her first appeal to the Third District Court of Appeal in Miami, Florida. Mr. Peters is working as an Assistant Public Defender for the 17th Judicial Circuit in Broward County, Florida.

Erin (Shiffleger) Maruskin

married fellow alum David Maruskin

(both 2008) (left) on January 9, 2009, in Richmond, Virginia. She passed the July 2008 Virginia Bar exam and currently works as an attorney in Richmond. David passed the February 2009 Virginia Bar exam and is working as a civil engineer in Richmond. COASTAL

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C O A S TA L L A W M A G A Z I N E | S u M M E R 2 0 0 9

Elizabeth Nemeth (right)

SnapShots C O A S TA L

LAW

PHOTO

ROUNDUP

Dean Peter Goplerud presents Melissa J. Davenport with the James A. Richter Humanitarian Service Award at the annual Honors Banquet in March.

Coastal Law alumni Harold Mitchell, Scott Brennan, and Melanie Schneider at a luncheon in Washington, D.C.

The kick-off reception for the Gulf Coast Alumni Chapter in March.

The chapter includes Florida’s sixth, twelfth, and thirteenth circuits.

Coastal Law alumni James Arnold, Andrew Bragg, and Robert Hines at the kick-off reception for the Gulf Coast Alumni Chapter.

The Coastal Law Second Circuit Chapter kick-off reception. Front: Coastal Law alumni Richard Marshall,Tiffany Jones, and Justice Choate with Emily Tracy, Coastal Law director of development, and Brooks Terry, Coastal Law director of marketing and communications. Back: Coastal Law alumni Patricia Horal, Rachel Clark, and Lance Neff.

Coastal Law alumni Imani Boykin and Stephanie Harriet at the Alumni Board Annual Dinner in May.

Vice Dean Terri Davlantes, first runner-up in the ALWR Research Poster Contest Stephanie Espinosa, and Professor Chris Roederer.

Timothy Roache, winner of the spring ALWR Research Poster contest, with Rosa DuBose, Associate Dean of Academic Affairs.

29

Alumni at the Atlanta chapter meeting in February.

Coastal Law graduating 3Ls at the annual Bask in the Glow reception during Reading Week.

Kristen Galles, a civil rights attorney and Title IX expert, with Floyd A. Keith, Executive Director of the Black Coaches & Administrators, at the annual Sports Law Symposium.

C O A S TA L L AW M A G A Z I N E | S u M M E R 2 0 0 9

An Evening with the Experts question and answer session at Sporher & Dodd, P.L. From left: Panelist Marleen Williams with Coastal Law alumni Eric Friday, Holly and Jay Howanitz

Q&A A

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

C O A S TA L

EET GREG MINTON, ONE OF Coastal Law’s Audio Visual Technology Specialists. As part of his role at the school, Greg provides support, instruction, and maintenance for the many a/v infrastructures at the school.

That includes equipment like microphones, sound systems, video cameras, projectors, television displays, DVD players, as well as the smart lecterns and touch panels in all of the classrooms. He also provides services like video capturing, editing, podcasting, multimedia conversion, and scheduling equipment for checkout for students, faculty, and staff.

M

Greg, you have a background in television production. How did that prepare you for your work here?

I think one of the biggest things that I took away from television was the art of looking forward and working ahead — thinking in terms of what’s coming next. In TV engineering land, falling behind ultimately results in something not getting on the air or even worse - dead air! Whenever folks would tour master control, they were always amazed at how calm and relaxed we all looked. And that was, in large part, because we were working so far ahead of what was actually on the air. I used to tell them “If you see the news producers running around like maniacs, then you know that everything is OK. If you see us just running around, then something has gone horribly wrong!”

Q A

You’re a part of Coastal Law’s IT Department – one of the school’s largest. How do you all work together as a team?

I’ve never worked with a group of folks so talented, supportive and dedicated to excellence. We are all very much specialized and focused on our respective roles, but at the same time that tends to make us very interdependent. This is especially true in my case. Being an audio visual specialist, I am by far the least “IT” person in the IT Department. My background and experience is in audio production, video production, and live sound reinforcement. There are countless technology bridges that

Q A

LAW’S

GREG

MINTON

I could never dream of crossing without the help of this team.

The school prides itself on integrating some of the most state-of-the-art technologies into the classroom. Are you a part of finding out what’s available and, if so, what do you look for?

Yes, that is one of the best things about being a part of the Coastal Law IT team. The technology here is second to none.

In fact, I got the opportunity last year to attend the InfoComm conference in Las Vegas. InfoComm is the leading voice of the audio visual industry, and their yearly conference is by far the premiere pro a/v event of the world. Some of the technology presented there was mind blowing. I saw everything from telepresence video conferencing – think Star Wars – to threedimensional digital signage (no glasses required!). However, the hard part with a/v technology is determining how to effectively integrate new systems into an existing environment.

Q A

What have been some of your favorite projects since you started?

I was really proud of the work that we were able to do with the seventh successful Appellate Advocacy Workshop at Coastal Law. The idea was to try and figure out a way to videocapture 24 lawyers in four different rooms at the same time. The lawyers would be speaking to three different judges over a period of maybe an hour or so and then the videos needed to be accessed immediately for review. This, of course, ruled out any traditional video distribution methods. Through a week of testing and a little bit of trial and error, we came up with a system that worked out well. We took the a/v feeds from the classroom cameras and microphones and routed them to the IT server room. We then installed Windows Media Encoder on the PCs and used remote desktop software to monitor and access the video feeds from our laptops. We would start and stop the recordings remotely and then immediately move them over to a SharePoint site we had set up for the event. The video feeds were encoded directly to the Windows Media file format, so no post-capture transcoding or rendering was required. I remember walking down the halls afterwards and seeing the attorneys downloading the videos with their laptops. COASTAL

Q A

Law l a st

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2009

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d n e k e e W i n m u l A O 3 ct

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Whether a new graduate or from our very first class, Alumni Weekend presents numerous opportunities to get together with law school faculty and staff, and catch up with your former Coastal Law colleagues. This year’s festivities are especially important, as 2009 Alumni Weekend marks the 10th Reunion of our first graduating class, as well as the 5th Reunion of the class of 2004.

Be our guest and attend lectures, parties and family fun activities, catch up with current students, and earn CLE credit. Today our more than 2,000 alumni are in practice across the country and abroad.

We look forward to seeing you!

Schedule of Activities Friday, October 23 (all activities at the school)

8:00-9:00 am Faculty-Alumni Breakfast FREE 8:30-10:00 am Track 1: How to Avoid (or Handle) a Bar Complaint CLE Track 2: Student-Alumni Roundtable OR Coastal Law Library Resources FREE 10:15-11:45 am Track 1: LOMAS/Trust Accounts CLE Track 2: Criminal Defense CLE FREE 12:00-1:15 pm Westlaw Refresher Course CLE and Lunch $25

3:15-4:45 pm Track 1: Intellectual Property CLE Track 2: Real Estate and Foreclosure CLE FREE 5:00-6:30 pm Reception and Showcase of Student Organizations FREE

Saturday, October 24 12:00-2:00 pm Family-friendly Lunch (includes admission) Jacksonville Zoo $10/Adults and $5/Children 6:00-10:00 pm Gala Reception and Dinner Sawgrass Marriott Golf Resort and Spa, Heritage Ballroom $50

1:30-3:00 pm Track 1: Bankruptcy CLE Track 2: Operating and Marketing a Small or Solo Practice Lecture FREE A room block has been reserved for the nights of October 23-24, 2009, at the Sawgrass Marriott Golf Resort and Spa. Reservations must be made by October 15, 2009. Guests are encouraged to make reservations as early as possible.

To reserve your room, call (800)457-4653. Please indicate you are with the Florida Coastal School of Law Alumni Weekend to get a group rate of $169 (plus tax) with a maximum occupancy of four.

To book your reservations online you may go to the Florida Coastal School of Law Alumni and Friends link on www.fcsl.edu. For more information, call 904-256-1212 or e-mail fcslalumni@fscl.edu.

Check the alumni website for updates on speakers, CLE credit information, and more.

Inspire.

The Florida Coastal School of Law Foundation is a nonprofit organization that makes a difference in the lives of our students and the communities where they will practice.

With financial contributions from alumni, members of the legal community, and corporations, The Coastal Law Foundation supports scholarships and loan repayment assistance programs that allow our students to pursue their passion for public service.

8787 Baypine Road, Jacksonville, Florida 32256 904.256.1212 foundation@fcsl.edu www.fcsl.edu/foundation Angela Lynne Davis, Class of 2009 Fayetteville, North Carolina

Presorted Standard U.S. Postage

PAID Jacksonville, FL Permit #610

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