Join the Center for Student Advising (CSA) on Tuesday, September 8th from 12:30 pm – 1:30 pm in Room 465. Lunch will be provided. RSVP on Symplicity or to CSA@fcsl.edu.

The post Time Management appeared first on Career Crossroads.

Join the Center for Student Advising (CSA) on Tuesday, September 8th from 12:30 pm – 1:30 pm in Room 465. Lunch will be provided. RSVP on Symplicity or to CSA@fcsl.edu.

The post Time Management appeared first on Career Crossroads.

The post Time Management appeared first on The Coastal Network.

The post NEW OCI: U.S. Army JAG Corps appeared first on Career Crossroads.

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The post OCI: The Schwartz Law Group, P.A. appeared first on Career Crossroads.

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In –HOUSE CLINICS

Disabilities & Public Benefits Clinic available for 4 or 5 credits

Class time Monday and Wednesday 10:00 to 12:00

Job # 9151

Business & Entrepreneurial Clinic available for 3 credits

Class time: Tuesday and Thursday 2 to 3 30

Job # 9152

Immigrant & Human Rights Clinic available for 4 or 5 credits

Class Time: Friday 9: 30 to 1: 30

Job # 9153

Criminal Defense Clinic available for 4 credits

Class 1 to 3 Tuesday and Thursday ( Court Tuesday a.m. and Friday a.m.)

Job # 9150

Family Law Clinic available for 4 or 5 credits

Class time: Monday and Wed 3: 45 to 5: 45

Job# 9149

Caribbean Law 3 credits

Class time: Tue and Thur 10:00 to 11:21

Job #9154

The post Clinical Program Offerings for Fall appeared first on Career Crossroads.

In –HOUSE CLINICS

Disabilities & Public Benefits Clinic available for 4 or 5 credits

Class time Monday and Wednesday 10:00 to 12:00

Job # 9151

Business & Entrepreneurial Clinic available for 3 credits

Class time: Tuesday and Thursday 2 to 3 30

Job # 9152

Immigrant & Human Rights Clinic available for 4 or 5 credits

Class Time: Friday 9: 30 to 1: 30

Job # 9153

Criminal Defense Clinic available for 4 credits

Class 1 to 3 Tuesday and Thursday ( Court Tuesday a.m. and Friday a.m.)

Job # 9150

Family Law Clinic available for 4 or 5 credits

Class time: Monday and Wed 3: 45 to 5: 45

Job# 9149

Caribbean Law 3 credits

Class time: Tue and Thur 10:00 to 11:21

Job #9154

The post Clinical Program Offerings for Fall appeared first on Career Crossroads.

The post Clinical Program Offerings for Fall appeared first on The Coastal Network.

By Cara D. Cockman-Bliss

Consider the power of six words that describe a person’s character, values, and skills perfectly. Creating a power statement is imperative for all persons at any level. Individuals need to be effective in communicating their strengths and accomplishments at any educational level. Personal power statements help communicate these effectively. When presenting oneself to others, there is a need to put forth information to validate one’s values, character, and skills with a power statement. This task could prove to be more difficult than expected without guidance.

The first step is to begin by identifying words that have power. Power words, for example, can include the following: creative, athletic, authoritative, empowering, energetic, influential, substantial, leader, resourceful, motivated, decisive, self-starter, innovative, resourceful, persistent, organized, productive, dependable, reliable, responsible, teachable, adaptable, competent, effective, mature, knowledgeable, positive, structured, systematic, transformed, updated, verbalized, committed, structured, successful, intelligent, determined, dedicated, accomplished, proven, respectful, task-oriented, and/or result oriented.

Career counselors can teach students to develop meaningful power word statements.

Positive Personal Power Words

The positive power words are used to build and establish how one feels, to describe personal experiences, personal strengths, attributes, and character. Positive power words are used to promote and encourage success, build self-esteem and improve self-reflection. Power words are used to express something familiar, making it extraordinary, persuasively self-focused. Therefore, power words can be used to build resumés, complete application forms, and successful interviews. Likewise, positive power words convey successful attainment of societal milestones desired by all, and validate one’s individuality. The following represents steps to help students craft an effective personal power statement:

Steps to Developing Power Words

First students are asked to brainstorm at least eight to ten words that best describe them. While focusing on their uniqueness, students are instructed to think of words that could be used for school, admissions into a club, on scholarship applications, or in resumés in the near future. Individuals can also add attributes associated with their involvement in clubs, organizations, teams, or support groups. Those who have written a smaller number of words should be encouraged to use dictionary.com, to search for synonyms and antonyms of the words they have selected to develop more representative words. They should be taught and encouraged to use action words. After this introductory phase, students move into the descriptive phase. They are encouraged to ask themselves what each word depicts about them. Furthermore, students need to consider who their audience is, that is, whose attention they are trying to capture while constructing the power statement.

Second, students are then asked to select the six words that would provide a more relevant visual image of who they are. Once the words are selected, they are to organize these into a powerful phrase. This may take several attempts before a final acceptable phase emerged. The statement must be logical and should flow well. The final statement should captivate the attention of the targeted audience such as a scholarship reviewer, admissions committee, and/or an employment interviewer.

Third, students can also add a visual image, such as a representative picture that best depicts the statement. The final product could be converted into a word cloud, printed, and hung on the wall in the school hallway, inside the locker, and/or at home. This becomes a constant source of validation of the uniqueness of the student authenticating their talents and self-worth. A power statement can be updated and modified to meet the needs of each student.

An Example: A Student Named Chris

First Step: Chris was instructed to brainstorm at least eight to ten words that best describe her values and characteristics. She wrote down:

1. intelligent

2. eager to learn

3. dependable

4. personable

5. active

6. teammate

7. organized

8. processor

Second Step: Chris selected six of the most powerful words from the eight listed that would provide a more relevant visual image.

1. active
2. dependent
3. intelligent
4. organized
5. personable
6. teammate.

Chris then organized the words, arranging them in a manner that created a greater expression of accomplishment: “I am personable, dependent, intelligent, organized, active, and a teammate.” This became her first personal statement. Upon reevaluating this power statement, Chris was excited, and convinced the statement best described her. This brief statement validated the her uniqueness as an individual.

Third Step: Chris used the individualized power statement to create a word cloud, which she could then save the image to a wall on social media, use as the home screen on personal electronic devices, printed, and hang on the wall in the school hallway for open house and other students to see and enjoy. This became a constant source of validation of the uniqueness of Chris, authenticating her talents and self-worth.

Preparing for Graduation and Beyond

In closing, this activity is designed to allow students the opportunity to create a representative statement of who they are, including their unique attributes. Career counselors should encourage their students to continue to revise and rework their individual power statements, which can be used in completing college applications, scholarship applications, job applications, and resumés, prior to graduation. Developing personal power statements take effort and time, but will procure substantial rewards now and in the future.

Cara DeAnn Cockman-Bliss is a middle and high school business education teacher in the Jessieville School District in Jessieville, Arkansas. The author has completed 26 years in education, teaching courses including: Computerized Accounting I, Computerized Business Applications, Office Management, Keyboarding, and Career Development. Additional duties include serving as the Middle Level Future Business Leaders of America Sponsor and the Career and Education Facilitator for the district. In October 2014, she received her Career Development Facilitators Certification, and is currently awaiting National Board of Professional Teachers results. She can be reached at cara.bliss@jsdlions.net

– See more at: http://associationdatabase.com/aws/NCDA/pt/sd/news_article/99928/_PARENT/layout_details_cc/true#sthash.RBiRVY1c.dpuf

The post Crafting a Personal Power Statement appeared first on Career Crossroads.

By Cara D. Cockman-Bliss

Consider the power of six words that describe a person’s character, values, and skills perfectly. Creating a power statement is imperative for all persons at any level. Individuals need to be effective in communicating their strengths and accomplishments at any educational level. Personal power statements help communicate these effectively. When presenting oneself to others, there is a need to put forth information to validate one’s values, character, and skills with a power statement. This task could prove to be more difficult than expected without guidance.

The first step is to begin by identifying words that have power. Power words, for example, can include the following: creative, athletic, authoritative, empowering, energetic, influential, substantial, leader, resourceful, motivated, decisive, self-starter, innovative, resourceful, persistent, organized, productive, dependable, reliable, responsible, teachable, adaptable, competent, effective, mature, knowledgeable, positive, structured, systematic, transformed, updated, verbalized, committed, structured, successful, intelligent, determined, dedicated, accomplished, proven, respectful, task-oriented, and/or result oriented.

Career counselors can teach students to develop meaningful power word statements.

Positive Personal Power Words

The positive power words are used to build and establish how one feels, to describe personal experiences, personal strengths, attributes, and character. Positive power words are used to promote and encourage success, build self-esteem and improve self-reflection. Power words are used to express something familiar, making it extraordinary, persuasively self-focused. Therefore, power words can be used to build resumés, complete application forms, and successful interviews. Likewise, positive power words convey successful attainment of societal milestones desired by all, and validate one’s individuality. The following represents steps to help students craft an effective personal power statement:

Steps to Developing Power Words

First students are asked to brainstorm at least eight to ten words that best describe them. While focusing on their uniqueness, students are instructed to think of words that could be used for school, admissions into a club, on scholarship applications, or in resumés in the near future. Individuals can also add attributes associated with their involvement in clubs, organizations, teams, or support groups. Those who have written a smaller number of words should be encouraged to use dictionary.com, to search for synonyms and antonyms of the words they have selected to develop more representative words. They should be taught and encouraged to use action words. After this introductory phase, students move into the descriptive phase. They are encouraged to ask themselves what each word depicts about them. Furthermore, students need to consider who their audience is, that is, whose attention they are trying to capture while constructing the power statement.

Second, students are then asked to select the six words that would provide a more relevant visual image of who they are. Once the words are selected, they are to organize these into a powerful phrase. This may take several attempts before a final acceptable phase emerged. The statement must be logical and should flow well. The final statement should captivate the attention of the targeted audience such as a scholarship reviewer, admissions committee, and/or an employment interviewer.

Third, students can also add a visual image, such as a representative picture that best depicts the statement. The final product could be converted into a word cloud, printed, and hung on the wall in the school hallway, inside the locker, and/or at home. This becomes a constant source of validation of the uniqueness of the student authenticating their talents and self-worth. A power statement can be updated and modified to meet the needs of each student.

An Example: A Student Named Chris

First Step: Chris was instructed to brainstorm at least eight to ten words that best describe her values and characteristics. She wrote down:

1. intelligent

2. eager to learn

3. dependable

4. personable

5. active

6. teammate

7. organized

8. processor

Second Step: Chris selected six of the most powerful words from the eight listed that would provide a more relevant visual image.

1. active
2. dependent
3. intelligent
4. organized
5. personable
6. teammate.

Chris then organized the words, arranging them in a manner that created a greater expression of accomplishment: “I am personable, dependent, intelligent, organized, active, and a teammate.” This became her first personal statement. Upon reevaluating this power statement, Chris was excited, and convinced the statement best described her. This brief statement validated the her uniqueness as an individual.

Third Step: Chris used the individualized power statement to create a word cloud, which she could then save the image to a wall on social media, use as the home screen on personal electronic devices, printed, and hang on the wall in the school hallway for open house and other students to see and enjoy. This became a constant source of validation of the uniqueness of Chris, authenticating her talents and self-worth.

Preparing for Graduation and Beyond

In closing, this activity is designed to allow students the opportunity to create a representative statement of who they are, including their unique attributes. Career counselors should encourage their students to continue to revise and rework their individual power statements, which can be used in completing college applications, scholarship applications, job applications, and resumés, prior to graduation. Developing personal power statements take effort and time, but will procure substantial rewards now and in the future.

Cara DeAnn Cockman-Bliss is a middle and high school business education teacher in the Jessieville School District in Jessieville, Arkansas. The author has completed 26 years in education, teaching courses including: Computerized Accounting I, Computerized Business Applications, Office Management, Keyboarding, and Career Development. Additional duties include serving as the Middle Level Future Business Leaders of America Sponsor and the Career and Education Facilitator for the district. In October 2014, she received her Career Development Facilitators Certification, and is currently awaiting National Board of Professional Teachers results. She can be reached at cara.bliss@jsdlions.net

- See more at: http://associationdatabase.com/aws/NCDA/pt/sd/news_article/99928/_PARENT/layout_details_cc/true#sthash.RBiRVY1c.dpuf

The post Crafting a Personal Power Statement appeared first on The Coastal Network.

The post Career Advice and Research appeared first on Library & Technology Center.

The post Career Advice and Research appeared first on The Coastal Network.

The post Bar Prep, Career Tactics, and More! appeared first on Library & Technology Center.

The post Bar Prep, Career Tactics, and More! appeared first on The Coastal Network.

With Michigan football that is hard to do. We are talking about the school with the most wins in major college football history. We are talking about the school with more 100,000-plus crowds (251 games) than any school in the history of football. The string started in 1975 which was before the under-40 Maize and Blue fans were even born.

Sportswriter John Bacon interviewed some who dropped their Michigan season tickets. They reportedly said tickets increased an average of $100 per seat in the past four years. That may be sustainable when the team is winning Big Ten championships and in the National Championship conversation nearly every year.”

…read more at SportsMoney.

The post Michigan Football Economics 101 And The Simple Solution appeared first on The Coastal Network.

Law school is half-way over, are you prepared to reach the goal line?

You do not want to miss out on this 2L only presentation. The CPD will provide you with the information and tools necessary to develop a game plan NOW for success after graduation!

WHEN: October 21, 2014

TIME: 12:00 PM – 1:30 PM

WHERE: Room 585

RSVP on Symplicity today! You must RSVP by October 20th at 9:00 AM to attend this workshop.

We will be having giveaways throughout the workshop. You must bring a copy of your resume to have your name entered in the giveaway drawings!

The post 2L Only Event: 50 Yard Line appeared first on Career Crossroads.

Law school is half-way over, are you prepared to reach the goal line?

You do not want to miss out on this 2L only presentation. The CPD will provide you with the information and tools necessary to develop a game plan NOW for success after graduation!

WHEN: October 21, 2014

TIME: 12:00 PM – 1:30 PM

WHERE: Room 585

RSVP on Symplicity today! You must RSVP by October 20th at 9:00 AM to attend this workshop.

We will be having giveaways throughout the workshop. You must bring a copy of your resume to have your name entered in the giveaway drawings!

The post 2L Only Event: 50 Yard Line appeared first on The Coastal Network.

… read more at SportsMoney.

The post Derek Jeter’s Last Home Game Is A Perfect Retort to the Olbermann Rant appeared first on The Coastal Network.

The post Think Jacksonville pays higher salaries than most major cities in Florida? Think again. appeared first on Career Crossroads.

The applications for Spring 2015 Externships with Public Interest organizations, Government entities, Environmental placements, State Attorney’s Offices, and Public Defender’s Offices are now available under the “Jobs” tab in Symplicity!  Each listing includes the requirements and required application materials. (Please note that the application requirements and pre-requisites are set by the supervising attorney or clinical supervisor).  The deadline to apply to Phase 2 placements is Friday, October 3rd.

Clinics: Open until filled

Remember, you can only view job postings and OCI opportunities that are open to your class year, so make sure to update your Symplicity profile to reflect your correct class year.

Schedule your appointment with a Career Counselor today to review your application materials and discuss the opportunities in a one-on-one setting.  You can schedule your appointment directly on the Symplicity homepage by clicking “Request An Appointment” on the right-hand side of the page or you can also drop into our office on one of the days listed below:

September 23, 25, 29

October 2

Don’t wait, apply today!!

The post Phase 2 Externships – Now Open on Symplicity! appeared first on Career Crossroads.

3Ls, are you ready to report for duty?

In your final year of law school, you need to be in tip-top shape in terms of employability, bar preparation, and financial literacy.

On September 16, 2014, the Center for Professional Development, Academic Success, and Financial Aid will join forces as your drill sergeants to ensure you are prepared for your third year of law school and after graduation. This workshop is only open to 3Ls.

You must RSVP on Symplicity by September 15^th at 9:00 AM. Lunch will be provided and there will be giveaways!

When:              September 16, 2014

Where:            Room 585

Time:               12:00-1:30

Don’t forget, you must attend 3L Boot Camp to complete your 3L Passport for $500 (only open to May 2015 graduates).

For more information, contact Amber Donley in the Center for Professional Development at ardonley@fcsl.edu.

The post 3L Boot Camp! appeared first on Career Crossroads.

You will be assigned your orientation date and time during the middle of September so please keep a watchful eye on your inbox!  In the meantime, we invite all 1^st Semester 1Ls to RSVP for any of our events by sending an e-mail to cpd@fcsl.edu with the name of the presentation in the subject line or stop by our office in Room 180 and we’ll get you signed up!

All other students can log into Symplicity using your C number e-mail address and the same password that you use to log into your e-mail account.

The post First Semester 1L CPD Orientation appeared first on Career Crossroads.

The post Looking for a new book before school starts? appeared first on Library & Technology Center.

To view a table listing the new print resources that the library received in May and June, 2014, click Continue reading below. Most of the items listed there can be found in the General Collection and checked out for up to three weeks by members of the Coastal Community.

If you have any questions, please do not hesitate to stop by the Reference Desk on the third floor of the Library & Technology Center or contact the Reference Librarians via email, telephone (904.680.7612), or the Ask a Librarian form.

If you think we should consider adding something to the collection, please feel free to recommend it here (Coastal ID login required).

The post Stop by the library and read one of our new books! appeared first on Library & Technology Center.

Will you be heading to the beach during this beautiful weather? Don’t want to risk getting water/sand on your electronics? Head on over to the library and check out one of our Newly Acquired books-the worst that will happen is you’ll get a paper cut!

The post TERRIFIC TUESDAY! appeared first on Library & Technology Center.

The post Northwestern Athletes Gain Employee Status And Can Bargain As A Union appeared first on Coastal Updates on Regulatory Affairs and Business.

To view a table listing the new print resources that the library received since the start of February, 2014, click Continue reading below. Most of the items listed there can be found in the General Collection and checked out for up to three weeks by members of the Coastal Community.

If you have any questions, please do not hesitate to stop by the Reference Desk on the third floor of the Library & Technology Center or contact the Reference Librarians via email, telephone (904.680.7612), or the Ask a Librarian form.

If you think we should consider adding something to the collection, please feel free to recommend it here (Coastal ID login required).

The post Spring into reading with one of the Library’s new books! appeared first on Library & Technology Center.

First, the court found that the term “representatives” in the statute should not include tax-return preparers because a representative is traditionally someone who has the authority to bind others.  Tax-return preparers cannot legally bind the taxpayer by acting on the taxpayer’s behalf.  Second, the phrase “practice…before the Department of the Treasury” ordinarily refers to practice during an investigation, adversarial hearing, or other adjudicative proceeding, which is different from the process of filing a tax return.  Next, the court considers the history of the statute.  The original language of the statute enacted in 1884 would not encompass tax-return preparers.  The statute specified the agency’s regulation of “agents, attorneys, or other persons representing claimants before his Department…otherwise competent to advise and assist such claimants in the presentation of their cases.”  Furthermore, when Congress re-codified the statute, it made it clear that there was no substantive change.  Therefore, the court held that the traditional tools of statutory interpretation rendered the IRS’s interpretation of Section 330 unreasonable and thus affirmed the judgment of the District Court.

By Ashley Ellerbe, JD,cum laude, from Florida Coastal School of Law, May 2013, , Practicing in Atlanta GA.

The post Court Rejects IRS Attempts to Regulate Tax-Return Preparers appeared first on Coastal Updates on Regulatory Affairs and Business.

The post Curl up with a new book during Snowmageddon appeared first on Library & Technology Center.

For some copyright holders, the ruling of the United States Ninth Circuit Court of Appeals in Inhale, Inc. v. Starbuzz Tobacco, Inc. may be a disappointing one. Although Inhale, Inc. had a registered copyright for the shape of a hookah water container, that registration would not grant them the protection that they anticipated. 

Inhale sued Starbuzz claiming copyright infringement due to Starbuzz’s use of hookah water containers that were identical in shape to Inhale’s container.  The district court held that although Inhale has a registered copyright, its copyright registration is invalid because the hookah water container is not copyrightable.  The shape of the container is only copyrightable if the sculptural features are capable of existing independently of the utilitarian aspects of the container.  Moreover, the distinctive shape of an item is not a factor in determining whether the artistic features can be separate from its usefulness.  The district court concluded and the court of appeals affirmed that the shape of the container accomplishes its function which is to hold the contents within its shape, thus making the hookah water container uncopyrightable.  Furthermore, to keep a tight seal on Pandora’s Box of potentially similar frivolous claims against innocent defendants, the court of appeals affirmed the lower court’s award of attorneys’ fees and the court of appeals awarded attorneys’ fees that incurred in the defense of the appeal.

The post Copyright Protection Denied Due to the Inseparability of an Item’s Artistic Features and its Usefulness appeared first on Coastal Updates on Regulatory Affairs and Business.

The post Controversy Continues For Marissa Alexander With Motion To Revoke Bail appeared first on Coastal Law In The News.

The thing that’s amazed me the most for the longest time in law is that the most horrific, destructive action a government can undertake is governed by so little legal process. A Presidentor Prime Minister wants to wage a war? There’s less required testing of evidence and rationale than when a person faces a misdemeanor conviction, or even when a restaurant wants a liquor license.

Generally, the level of process required to test a government decision roughly equates with the gravity of the decision. Decisions involving the deprivation of life and liberty get more process than those involving a deprivation of property. Compare a death penalty case with the procedure for a parking ticket.

War’s an anomaly. I’m not sure why. Maybe it’s because war is too horrible to think about. Maybe because war has traditionally been left to the whim of absolute monarchs. Maybe because we’re used to the government having more access to information and to be in control of the flow of information; we’re used to deferring. Or maybe we think that wars, like natural disasters, are a common, tragic part of life that just happen now and then like hurricanes and tornados.

But there is law regarding war. Most people are at least vaguely familiar with the laws that govern how hostilities must be carried out, laws known collectively as the jus in bello (law in war). The Geneva Conventions, which address how soldiers must treat enemy soldiers, prisoners, and civilians, are the best known. Most people are familiar with various bans on certain types of weapons, such as poison gas.

We are far less familiar, however, with the laws governing when nations may legitimately go to war, laws known as the jus ad bellum (right to war), such as the venerable Just War Standard dating back to St. Augustine, the Kellogg-Briand Pact, which outlawed war in 1928, and the UN Charter, a treaty that requires Member Nations to turn over their decision-making power on whether to wage war to the Security Council, except if immediate self-defense is required. Even then, a nation must turn over the matter to the Security Council as soon as possible.

The Just War standard and UN Charter set out rules, but what’s missing is any way to enforce them. The last time the world has seen leaders of developed nations put on trial for starting wars (and committing crimes during the wars) were the Nuremberg and Tokyo Trials, which were ad hoc tribunals set up to prosecute Axis leaders after World War II. The crime of “aggression,” which was what Nazi leaders were charged with, was only recently codified in international law, after several years of work.

As for the jus ad bellum, it seems that the UN Charter has been reduced to something that international leaders, jurists, and public intellectuals sometimes refer to before and/or after wars, but only in a rigid, j’accuse fashion. Now and then, defenders of wars might deign to argue that their military action didn’t violate the Charter; usually, however, they seem not to mention these laws, perhaps fearing that doing so would give them legitimacy – leaders don’t want their ability to wage war limited by law. And, unfortunately, the Security Council rarely makes any pronouncement, one way or the other. For example, it never made a clear pronouncement regarding the legality of the U.S.-led invasion of Iraq.

Much of my scholarly work and public commentary has been to argue that the Security Council should test claims for war before the first shots are fired, to guide nations in what’s legal and what’s not. My idea is that the jus ad bellum can be used dynamically to help us prevent unnecessary wars and limit the harms of necessary ones. If leaders were forced to lay out their claims and evidence, other nations, and their publics, would get to see these claims tested. Good claims would lead to popular support. Bad claims would lead to the opposite – which might prevent a war.

Law as a Guide to Good Thinking

One of my views of law is that it’s not just a set of rules to tell us what we can or cannot do, what’s right or wrong, etc. Rather, at its best, lawcan serve as a guide for decision-making. Opposing arguments are fully ventilated, the accuracy of evidence is tested, and reasoning for the decision is set forth. It’s a transparent process, a requirement that reason will govern the decision-making, rather than an authority figure’s “Because I said so!” (That’s one of the things that attracted me to law in the first place. Maybe that’s the case with you, too?)

As lawyers, we can envision processes we’re familiar with as rough analogies. After a war that violated the UN Charter, a leader could be tried, in a manner akin to a criminal trial. Leading up to a war, a leader’s case for war could be tried in a process akin to a motion for preliminary injunction.

Even without formal process, we can envision what “common sense,” or rudimentary problem-solving, about whether to wage war would entail. First, we’d determine the goal for which using military force is proposed. Next, we’ d weigh the costs and benefits. We’d also continue vigorously to find or devise less-costly alternatives to war. If no alternatives existed, then we’d look for ways to eliminate or at least minimize the costs.

Another analogy: A shopping mall is proposed in a town or city. The planning and zoning boards test the developer’s case.“Impact studies” are often required. Again, big decisions require big process, for high scrutiny.

Why not legally require deliberation for such an important undertaking, an undertakingthat will result in irreparable harm? The sense running through my work on this issue is that this isn’t too much to ask!

One might counter that we don’t have the luxury to deliberate: This is war! True, if a nation is attacked, its leaders and citizens are unlikely to assemble a debating society. But that’s not the model anymore for U.S. wars. Even after the 9/11 attacks, the U.S. didn’t strike back until almost three weeks later, October 7, when it invaded Afghanistan. But the Bush Administration explicitly adopted an aggressive strategy that focused on preemptive war, a strategy of striking any enemy early, while that enemy is plotting and planning attacks. (President Obama appears to still follow this strategy, given his threats to Iran and his use of drone strikes.) The challenge with such a regime is that the evidence of such plotting and planning might not be clear. There might be different interpretations of another nation’s intentions. The ongoing U.S. confrontation with Iran is a good example. Is Iran_really_ building an atomic bomb? If so, will it actually use it against the United States or Israel? If not, then there are needless costs to going to war. But if the U.S. were to remain passive in the face of an actual threat, there would be needless costs as well. (“Costs,” of course, is a euphemism for deaths of civilians and soldiers; physical injuries; psychic injuries; people being made refugees; property destruction; environmental destruction; financial costs; etc.)

With a policy of early intervention, the U.S. has the ability, and, I would argue, the responsibility, to be deliberative about avoiding or limiting these costs.

The Process in Action

The process would be fairly straightforward, with at least four basic steps. First, determine whether the military force would be required to prevent a serious irreparable harm. For example, force can’t be used simply to take over a country for its resources. Force can’t be used simply to punish a nation or its leaders (as innocents will surely be killed). The sorts of serious irreparable harm I am thinking of would involve dangers to human life. Things such as a rogue nation’s acquiring a nuclear bomb with the intent to use it, or a nation’s harboring terrorists bent on attacking other countries, or ongoing or a threat of genocide, could be included. There would be a sort of Federal Rule of Civil Procedure 12(b)(6) approach: Assuming arguendo that the claims made by nation seeking to use military force are true, is the situation one of serious irreparable harm? If not, game over. If so, then there would have to be an actual testing of the evidence that such irreparable harm is occurring or likely to occur.

If there is evidence, then the next step would be a search for alternatives. I have argued that this search is required by the language in the UN Charter and Just War standard that force should only be used if “necessary.” Otherwise, the word “necessity” is meaningless. So some “forced creativity” would be required. A nation seeking to wage war would have to show that it had tried alternatives to military force and they failed, or that it is clear they would be likely to fail if tried. Ienvision the Security Council brainstorming or engaging in other ways to enhance creativity. Perhaps they could do this behind closed doors, if they’re afraid of not looking“dignified.” But that seems a small price to pay if it could avoid the serious costs of war! Moreover, brainstorming and similar activities are becoming more and more common in businesses. They work. In the future, we might all be used to seeing higher-ups brainstorming and engaging in other creativity exercises. This “step” would actually be ongoing. Efforts to come up with solutions, and tenacious diplomacy to broker a war-avoiding deal, shouldn’t stop, even after war has begun.

The next step would be to lay out clearly the likely harms,and to seek ways to limit them. Creativity would be required here, too. Military strategies can be shaped in various ways to avoid particular harms.For example, what would be the relative costs to all involved of troops on the ground vs. high altitude bombing? (Of course, high altitude bombing is safer for the attacking nation, but it’s less safe for the innocents on the ground.)

The next step would be balance the irreparable harm that military force is proposed to prevent against the likely harms of using the force. It’s afamiliar cost-benefit analysis.

Throughout the process, the burden of proof should be at least the legal standard“clear and convincing evidence.” Better yet, with preemptive wars and other wars of choice, the highest legal standard, “beyond a reasonable doubt,” the familiar standard used in criminal cases, should be applied. After all, anyone proposing to unleash the destruction and havoc of war should be forced to meet the highest standard to show that war is justified and that no reasonable alternatives exist.

This isn’t rocket science; indeed, it’s familiar to us lawyers. The beauty of this process is that it could be used by the UN Security Council or byCongress. It could also be carried out by any of the world’s almost 200 nations, especially those asked to join a coalition. A nation could invite the leaders of a nation proposing to use military force to come lay out their claims. If governments fail to provide such a forum, an NGO or civil society organization could step up and hold hearings and televise them or put them on the Internet for the world to see. If leaders of a nation proposing war don’t show up, outstanding lawyers could be tasked to argue the case for war. The incentive to do a vigorous job on all sides and avoid the sense that the inquiry is a “kangaroo court” would be high: the world would be watching, and legitimacy of the process would be scrutinized.

What next?

The benefits: a proposed war that is justified will garner wide support, and damages from it would be limited. A proposed war that isn’t justified won’t garner sufficient support and might end up being avoided altogether. That is, there’s more likelihood that the right decision will be made. One of our core beliefs as lawyers is that process enhances the accuracy of decision-making. Why not apply it to this most deadly decision? It comes down to this:Do we have the will to create and mandate such a process?

Then we can move on to other projects: Requiring withering cross-examination in Presidential debates, or hearings to get to the bottom of claims about global warming, etc. Let’s keep applying the critical thinking we lawyers are trained in to create a better world.

The post Challenging Chapter VII: The Next Step in the Law of War? appeared first on Coastal Law Magazine.

Chidi Ogene (left) and Dennis Stone (right)

Florida Coastal School of Law’s new president and interim dean have dramatically different backgrounds, but what they have in common is a remarkably similar view on how best to prepare students for the opportunities and challenges of the 21st century legal profession.

Dennis Stone, appointed the school’s president in May, is a long-time Jacksonville resident and was both a founding executive of Coastal Law and of the InfiLaw System, the consortium of independent law schools of which Coastal Law is affiliated.

Chidi Ogene, Coastal Law’s interim dean since June, grew up in Nigeria, graduated from universities there and in the U.S., and practiced corporate and commercial law before joining InfiLaw as general counsel.

Despite their disparate backgrounds and paths to Coastal Law, both men’s careers gave them opportunities to observe several models of legal education. Those included the more traditional programs, as well as others that were taking more innovative and radical approaches to achieving desired outcomes. Stone and Ogene agree the latter more contemporary approach is better positioned to more swiftly adapt to the realities of today and tomorrow’s legal marketplace.

The road to practice-readiness

“One of our top priorities is to graduate attorneys who can more immediately add value to their respective organizations because they will have right knowledge and training to do so. The more traditional model of legal education is more likely to graduate law students who expect their first employers to train them after they’re hired,” said Stone. “For instance, our JD Plus program is already one of the most innovative in the country in terms of preparing students for the demands of practice, and we are continuing to introduce other programs rarely found at other law schools.”

This spring Stone said Coastal Law will launch the Center for Law Practice Technology, a unit within the school focused on preparing students for a legal marketplace that demands knowledge and skills related to technology and innovation. He said feedback on the CLPT has been overwhelmingly positive from the legal community in Jacksonville and beyond. (See more on the CLPT on the opposite page.)

“We also just launched the country’s first LL.M. in Transportation and Logistics,” he said. “That’s in addition to our LL.M. for foreign lawyers that has proven to be very popular since its launch a few years ago.

Stoned added Coastal Law will continue to add dual degree programs to its portfolio of offerings that also currently includes a JD/Masters of Business and a JD/Masters of Public Policy.

Don’t _tell me_; _show me_

Dean Ogene shares President Stone’s interest in curriculum innovation, but adds that an enhanced emphasis on graduating attorneys with demonstrable skills will also be critical if Coastal Law hopes to deliver on its promise for modern-day legal education.

“If you look where higher education and professional development are headed,” said Ogene, “you’ll see we’re beginning to shift away from traditional measures of excellence, which were defined on_inputs_—how many credit hours in what subjects—to better measures, which are predicated upon outputs—what competencies do you have?”

Ogene said, “While many law schools will likely remain committed to the more traditional model of legal education, administrators and faculty Coastal Law anticipate ever fortifying their focus on skills development in the years ahead.

“What it means to be professionally prepared for the legal profession is changing dramatically as a result of pressures clients are bringing to bear on law firms and other purveyors of legal services. We have to prepare our students to compete in that environment.

“Don’t tell me you took a class in securities regulation; show me you can draft an offering statement for an IPO. Don’t tell me that you took a class in family law; show me that you can prosecute, from start to finish, a no-contest or even a contested divorce.”

Revamped externship program

In order to increase opportunities for students, both President Stone and Dean Ogene have focused attention on the school’s internship and externship programs.

“In the past few months we have revamped the way we manage the development of externships,” said Stone, “how we place students in them, and how we manage the placements over time to ensure they are win-win situations—great learning experiences for the students and productive opportunities for the agencies or law firms employing them.”

“Internships and externships are absolutely critical,” adds Ogene. “Medical students can’t graduate as doctors without dealing with real patients. There is no substitute for training in a live environment. Our internship and externship programs, which we are in the process of expanding, provide that real-life experience.”

Will these innovations differentiate Coastal Law? Stone and Ogene are confident they will.

“If we execute them as well as I know that we can,” Ogene said. “If we construct all of our systems in that outcome-centered way—the curriculum, the pedagogy, the supporting systems, the competency measures, all of that—there is no question that our graduates will be much better positioned to enter the job market than their peers at other law schools.”

The post New school leadership emphasizes innovation appeared first on Coastal Law Magazine.

Richard Granat and Stephanie Kimbro, acknowledged leaders in the online legal technology movement, have been appointed as Co-Directors of the CLPT. They will also serve as affiliate professors at Coastal Law.

“At its core, the certificate offered through the center will ensure students graduate with the technological competence all lawyers need in light of the demands of the profession, namely how to leverage technology to serve clients more effectively and efficiently,” Granat said. “However, we also understand it is perhaps even more important to prepare students for new positions in the burgeoning market of companies offering technology solutions for legal services, including electronic discovery, legal process outsourcing, law practice management software, and more.”

For those interested in pursuing more traditional career paths, Coastal Law Vice President of Strategy and General Counsel Terri Davlantes said students earning certificates through the CLPT will know how to create a virtual law firm that provides 24/7 access for clients, how to automate frequently used legal documents, how to leverage social media to develop a law practice brand, and the legal ethics surrounding the delivery of online legal services.

The post New center prepares students for tomorrow’s law jobs appeared first on Coastal Law Magazine.

Pictured left, Wendy Belanger. Pictured right, Chuck Malloy.

Earlier this year, the Coastal Law Offices of Admissions and Alumni Relations collaborated to create The Alumni Admissions Referral Scholarship – a one-time $2,000 award that both rewards prospective students and allows alumni to help shape the incoming class.

The scholarship program officially began in fall 2013 with 39 students, including part-time first-year student Wendy Belanger. Belanger currently works for the Naval Station Mayport who said and first heard about Coastal Law from colleague Chuck Malloy, a 2013 Coastal Law alum.

“[Attending law school] is something that was always a pipe dream that other people did,” said Belanger, who was enlisted in the Navy for six years before attending the University of Florida. “But when I saw that Chuck had done it, I figured I really had no excuse. I could see that it was doable.”

Belanger said Malloy’s assistance, support, and expertise have been invaluable. Both Belanger and Malloy emphasize the benefit of having someone who understands both the legal terminology as well as the stress many students bear during law school.

“He will wander by my office and I’ll say ‘Oh, wait a minute, this thing in contracts …’ and he’ll stop and talk through it with me or I’ll come chase him down and say ‘I have no idea what I just read …’,” she said. “People at work see us together and they just kind of roll their eyes and keep going because no one else can understand what we’re saying.”

Malloy recommended Coastal Law to Belanger after discovering her long-standing interest in the law. He passed along old Barbri books and discussed early doctrinal course work where he noticed how quickly she took to the material.

“When I started law school, somebody was there to help me when I needed it,” said Malloy, who now serves as the Boatswain’s mate (BMC) for the Naval Station Mayport. “To me, it just kind of feels like I’m paying back a debt.”

If you are interested in nominating a student for the Alumni Admissions Referral Scholarship complete a nomination form at http://alumni.fcsl.edu/

The post New scholarship connects alums and prospects appeared first on Coastal Law Magazine.

Garrison, at the Berlin Airlift Monument at Frankfurt International Airport, during her first re-enlistment.

Bobbie Garrison, a third-year student in Coastal Law’s Family Law Certificate Program, knows a lot about stress. She sees it in the faces of her fellow students as they prepare for classes and exams, but when those same students ask her why she’s unfazed by the pressure, her answer is simple: “Because I don’t have a gun pointed at me.”

A retired U.S. Air Force master sergeant who has been deployed in the likes of Afghanistan and Saudi Arabia, Garrison has certainly weathered more stressful situations.

“I don’t think I’ve ever been so scared,” Garrison says about her six-month deployment in Kabul. But as the only military paralegal in an office with 14 attorneys from every branch of the U.S. services, plus a representative of the Canadian armed forces and three civilians, she said she was too busy to focus on the danger. Instead, she says the deployment was “a good experience for me. I learned a lot, and I was glad to be able to be part of something I believed in,” helping to establish legal systems for Afghanistan’s government and military.

Now Garrison is applying herself toward something else she believes in: Family Law and the pursuit of justice for the victims of abuse. Making that possible is Coastal Law’sYellow Ribbon Program. When Garrison entered the Program in August 2011, the school provided a $3,000 discount on tuition to qualified veterans and the Department of Veterans Affairs matched that amount from the veteran’s GI Bill Benefits.

Thanks in part to Garrison, Coastal Law’s Yellow Ribbon Program benefit has now been increased. She petitioned the school to change the benefit to one-half of the cost of tuition and the petition was accepted. Now, when matched by the VA, the school’s Yellow Ribbon Program can ensure that veterans, or their transferees, will be able to attend the school tuition-free.

Garrison recommends Coastal Law for interested veterans and thinks that individuals with military experience have the tools to make good students.

“Veterans have supervised others, they’ve demonstrated leadership, and they’ve made critical decisions,” she says. “Even if they don’t have paralegal experience, the military is good preparation for law school.”

Graduating in December 2013 has participated in an internship at the Pentagon, where she worked in the office the General Counsel of the Secretary of Defense, and is currently working in an externship with the U.S. Attorney’s office in Jacksonville.

After graduation, she hopes to work for the U.S. Department of Justice or for the Florida Department of Children and Families. While she would prefer to stay in Florida, she says she would be willing to move to Washington, DC for the right position: her first as a civilian after more than 23 years of service.

“The military is very structured,” she say, “and I was often recalled to work in the middle of the night when emergencies occurred. Now, in a civilian setting, that doesn’t happen.”

“On the other hand,” she adds, “I do have to beef up my wardrobe.”

The post Yellow Ribbon Program Helps Air Force Veteran Pursue Degree appeared first on Coastal Law Magazine.

“It seems good to mark and to remember for a little while the place where a man died.”[1]

To “make sense of senseless deaths” along the public roadways, private roadside memorials are part of a growing trend among the bereaved.[2] These memorials often feature a Latin cross and are part of deeply meaningful bereavement practices, which support the grieving process. They are created to fulfill a human need during a time of crisis and are, therefore, largely constructed without regard to the legality of erecting such markers.[3] Courts have yet to provide clear guidance on the constitutionality of erecting and maintaining these private memorials on public spaces.

Roadside memorials are intensely personal, idiosyncratic expressions motivated by a seemingly senseless death.[4] Senseless deaths along the roadways are surprising and shocking because modern technological advances lull us into thinking we have some measure of control over death.[5] Roadside memorials are most often created by friends and family members of teenagers who die in car crashes.[6] Scholars confirm that public opinions about roadside memorials are mixed: “Some claim never to see them, some are angered by them, some place them by the side of the road and never go back, others tend them regularly.”[7] Public officials are often concerned about the visual distraction and traffic hazard these memorials can create.[8]

Two instances, one from Massachusetts and the other from Australia, illustrate some of the tension between the needs of the bereaved and the interests of the public. In Shutesbury, Massachusetts, a 17-year-old died in a one-car accident, and the teen’s father constructed a roadside cross to commemorate his “last alive” place.[9] Two homeowners who live near the accident site want the cross removed. The cross has commemorated the site at the end of one of the homeowner’s driveway for over six years. The homeowners say it serves as a constant, painful reminder of the night they and other neighbors went to aid the dying teen.[10]

In Ormeau, Australia, a 19-year-old was struck and killed by a vehicle as he walked home. His memorial was thrice vandalized when the teen’s laminated photograph was taken down and the flowers were removed. A note was left on the memorial site explaining the removal: “The community of Ormeau ha[s] endured this memorial site for one year and two months and we feel that is, by far, long enough.”[11] The note also admonished the teen’s parents that the roadside was not a gravesite and that the family should be thoughtful of the community. In response, the teen’s parents claimed the right to grieve for as long as necessary: “We never put the cross there to offend anyone. This has absolutely gutted our family. It’s not always going to be there, but it should be up to us to take it down when we’re ready.”[12]

Understanding the phenomenon is an important first step in analyzing the Free Speech and Establishment Clause issues that are raised by the presence of these private memorials on public spaces. The Supreme Court has emphasized that “there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.”[13]

Private religious speech in a designated or traditional public forum is generally free from Establishment Clause concerns.[14] However, private religious speech may lose its “purely private” nature by its placement in a public space.[15] The public roadways have not been treated as traditional public fora where individuals may express themselves without government restraint or limitation. And by not removing the private religious displays, it is unclear if a government risks appearing to tacitly adopt the religious message.[16] The Supreme Court in Pleasant Grove City, Utah v. Summum reflected this position when it explained, “It certainly is not common for property owners to open up their property for the installation of permanent monuments that convey a message with which they do not wish to be associated.”[17] Therefore, according to the Court, “because property owners typically do not permit the construction of such monuments on their land, persons who observe donated monuments routinely—and reasonably—interpret them as conveying some message on the property owner’s behalf.”[18]

Monuments and symbols are subject to more than one interpretation. And these monuments and symbols can communicate a message on behalf of more than one speaker. The roadside crosses undoubtedly speak on behalf of the private individuals who were motivated to erect them. But, by allowing the roadside crosses to remain on public property, the government may also passively adopt the message of the memorial cross.

The proliferation of roadside memorials poses a problem for public officials, who are in an ongoing quandary concerning how to balance traffic safety and the aesthetic interests of the community with the grieving process of the bereaved.[19] Balancing the interests of road safety and maintenance, visual blight, and Establishment Clause concerns with the needs of the grieving is “a public relations minefield.”[20] Roadside memorials have been a source of controversy and debate in both the United States[21] and in other countries around the world.[22]

Roadside memorials serve as a powerful signifier of death and space. While these symbols do not lend themselves to a single message or meaning, they undoubtedly serve an important expressive function for the loved ones of the deceased. [23] The memorial speaks as much for the memorial maker as it does the loved one who is memorialized by reflecting the maker’s image of the loved one. [24]

For memorial makers the place of the memorial is inextricably intertwined with the message of the memorial that moving the memorial to another place would not be an ample and adequate alternative.[25] A cemetery or other memorial site is not an adequate substitute for a roadside memorial because the “last alive” place is deeply important to memorial makers. The site is of supreme importance because it is sanctified by the spilled blood of the loved one.[26] These roadside memorials leave visible and poignant reminders of death on public space.[27] Justice John Paul Stevens has acknowledged that sometimes “the location of the sign is a significant component of the message it conveys.”[28] By removing these memorials from the site of death, the message of the memorial is altered. Thus, the location of the speech is part of the expressive message.

But the expressive right to memorialize a loved one is not unbounded. The Supreme Court has noted that “the First Amendment does not guarantee the right to communicate one’s views at all times and places or in any manner that may be desired.”[29] And while roadside memorials can be deeply meaningful and healing for the mourners, some observers object to the sanctification of public roadsides.

Those who voice criticism suggest that the roadside memorials are “disingenuous” or “personal propaganda,” the makers are “faking it for attention,” or the memorial is a “pious form of littering.”[30] Memorials on public spaces are situated to draw in strangers to share in the grieving process.[31] Some memorials are clearly visible and are intended to be seen, while others are more personal and private. [32] Participating in a stranger’s roadside memorial can promote a sense of group solidarity, “a symbolic coming together of the community in mourning.”[33] Yet, sometimes strangers do not welcome being drawn into the grieving process because it brings unwanted reminders of death. [34] For some, memorials are an unwelcome testament to the fragile and fleeting nature of life.

These memorials serve as powerful reminders of the inherent dangers of driving. And viewers receive unsolicited reminded of these dangers while driving down the same roadway where someone else died.[35] According to Doug Tindall, a maintenance engineer for the Oregon Department of Transportation (DOT), his department “regularly receives calls regarding roadside memorials. Most callers want displays removed because they don’t want continual reminders of someone’s death in a traffic accident.”[36] Memorial-making can be productive and healing for the maker, but the memorial can also bring unwanted, “vicarious trauma” to other drivers who are forced to experience it.[37]

In addition to viewing a memorial as an unwanted reminder of tragic loss, some individuals see a memorial as a “macabre eyesore.”[38] Journalist Stephanie Warsmith observed, “The teddy bears turn soggy and gray. Flowers wilt. Handwritten tributes become illegible. Rather than serving as a tribute to someone who died, they become an eyesore.”[39]

More than just an issue of aesthetics, roadside memorials raise concerns about road maintenance and road safety. These memorials can interfere with road maintenance and mowing operations.[40] Mementos left at roadside memorials can become hazardous projectiles when tall grass is mowed.[41] Roadside memorials can also pose a safety hazard to other drivers.[42] Professors of Sociology George Dickinson and Heath Hoffmann, who surveyed state DOT officials, found that 70% of officials said roadside memorials were considered a safety hazard in their state.[43] An Arizona DOT spokesperson reported that of the 4,000 rear-end collisions that occurred in a year, “a troubling number involved drivers who stopped to view roadside memorials.”[44] In Wyoming, the DOT considers roadside memorials dangerous and cited an accident where the death of a child was attributed to a driver who was distracted by a memorial for two young pedestrians killed earlier at the same site.[45] And in Texas, a young woman was struck and killed by a car while she was visiting the roadside memorial of her cousin following the cousin’s funeral.[46]

In light of experiences like these, some state officials have concerns about the safety hazards posed by roadside memorials.[47] However, the traffic safety researchers who have examined the hazards posed by these memorials have found them to be generally safety-neutral. Two studies report no statistically significant effect from roadside memorials.[48] And one study found that, while drivers were less likely to run through red lights at intersections with roadside memorials,[49] the researcher, Professor Richard Tay, warned that such memorials could raise “other safety concerns, including potential hazards to pedestrians, cyclists and maintenance workers.”[50] Professor Tay also cautioned that leaving roadside memorials completely unregulated could raise safety concerns because “[w]ithout some forms of restrictions in place, some memorials erected may become a potential hazard due to their size and materials used.”[51]

State and local governments across the country have adopted a patchwork of policies and regulations for roadside memorials.[52] Policymakers struggle to balance the needs of the bereaved and the needs of the community. Many governments are considering appropriate limits on roadside displays as a way to balance these needs.[53] Nearly half of the states have adopted some policy regarding the placement of roadside memorials.[54] Policies vary widely with some states expressly permitting private markers,[55] some allowing only state-sponsored markers,[56] some having no express policy, [57] and some expressly prohibiting all private roadside markers—albeit with lax enforcement. Roadside memorials are prohibited as an obstruction or encroachment of a highway in states like Indiana,[58] Iowa,[59] Montana,[60] and North Dakota.[61] But these laws are often not enforced.[62] In states where erecting a roadside memorial is prohibited, public officials often turn a blind eye to memorials out of respect.[63]

Scholars have found a common theme of deference among DOT officials, who try to balance safety concerns while simultaneously respecting a family’s need to grieve for the loved one.[64] State officials are generally sensitive to the grief of the loved ones and grant a certain “grace” to these memorials, notwithstanding any official policy. [65] In states where roadside memorials are illegal, authorities often leave the memorials in place unless a complaint is lodged. These local agencies take the unofficial stance of acknowledging the need for individuals to grieve and leave most memorials undisturbed.[66]

If policymakers either ignore or expressly permit roadside crosses, it remains unresolved whether governments open themselves up to an Establishment Clause challenge by tacitly or expressly permitting crosses to remain on public lands. The Establishment Clause has often been employed as the basis to challenge the display of religious symbols on public property. For some in the community, the endorsement of religion through displays of religious symbols on public lands undermines respect for diversity of faith traditions and moral philosophies, whereas others view the invalidation of public displays of religious symbols as evidence of hostility toward religion. This is a hotly contested area of the law, and the Supreme Court’s jurisprudence on the constitutionality of religious symbols on public property continues to evolve.[67]

In this evolving jurisprudence, the Court has held that sometimes a government may erect a crèche, or nativity scene,[68] on public property, but sometimes it may not.[69] Sometimes a city may display the Ten Commandments on public property, but sometimes it may not.[70] And sometimes religious displays on public property are government speech, which is immune from Free Speech challenges, but sometimes it is private speech on public property.[71] Current justices have noted the lack of clarity in the current Establishment Clause jurisprudence.[72]

Governments must be careful not to appear to endorse religion by adopting the message of the memorial cross on public land. As Justice David Souter observed, “[W]henever a government maintains a monument [that] has some religious character, the specter of violating the Establishment Clause will behoove it to take care to avoid the appearance of a flatout establishment of religion, in the sense of the government’s adoption of the tenets expressed or symbolized.”[73] To assess Establishment Clause concerns created by roadside crosses on public roadways, it is important to identify both the speaker and the message.

Yet is may be unclear who the speaker is, or what the message is, when a roadside cross is displayed on public property. In Pleasant Grove City, Utah v. Summum, the Court recognized that “it frequently is not possible to identify a single ‘message’ that is conveyed by an object or structure” displayed on public property. [74] While the Court concluded that a permanent monument displayed in a public park is “best viewed as a form of government speech,”[75] the donee government and memorial donor may not share a singular, unified message. The Court acknowledged “the thoughts or sentiments expressed by a government entity that accepts and displays such an object may be quite different from those of either its creator or its donor.”[76] Thus, the message of the original creator of the display may differ from the message of the entity that expressly or tacitly accepts the display.[77]

In addition to the uncertainty about the speaker, there is uncertainty about the message communicated by roadside crosses on public property. The Supreme Court’s Establishment Clause jurisprudence contemplates that a display can have multiple meanings and messages. Justice Stephen Breyer, concurring in Van Orden v. Perry, concluded the “religious aspect” of the Decalogue display did not predominate.[78] And the Court in McCreary County v. ACLU of Kentucky concluded, after examining the iterations of the Decalogue displays, that the displays failed the secular purpose prong of the Lemon test because the dominant religious nature of the displays was unmistakable.[79] The notion that a religious aspect or a religious nature can predominate implies there are other aspects or messages that do not predominate, yet still exist. This suggests a multiplicity of meanings or messages can exist within a display. This multiplicity of meaning was also reflected in Summum: “[T]he monument may be intended to be interpreted, and may in fact be interpreted by different observers, in a variety of ways.”[80] The Summum Court also suggested a certain indefiniteness of meaning because the message of a display may not be static: “The message that a government entity conveys by allowing a monument to remain on its property may also be altered by the subsequent addition of other monuments in the same vicinity.”[81]

Roadside memorials are indeed multivocal; they can simultaneously communicate more than one message, on behalf of more than one speaker. Individually, the roadside memorial communicates a multilayered message of remembrance of the deceased and warning to other drivers.[82] Collectively, the phenomenon communicates a critique against modernity—modern transportation, modern culture, modern death practices, and modern religion.[83] Identifying a single, predominant message can sometimes be difficult, and such messages may change over time. A single, festooned memorial placed by a roadway sends a different message than a mass of memorials along a stretch of highway.

Memorial makers are avoiding readily available alternative avenues for ventilating their expression. For some bereaved, these roadside memorials meet a human need that interment in a cemetery cannot.[84] By avoiding or supplementing the cemetery memorial, these bereaved are communicating that the cemetery is an inadequate avenue for their expression. The growing popularity of this mode of expression raises traffic safety, aesthetics, and religious neutrality concerns. The roadside memorial phenomenon thus lies at the crossroads of cultural, social, religious, and legal forces.[85]

* Assistant Professor, Florida Coastal School of Law. Ph.D., University of Florida, College of Journalism and Communications, 2004; J.D., University of Florida, Levin College of Law, 2004; M.A., Florida State University, Speech Communication, 1999; B.A., Florida State University, Communication and Philosophy, 1998.

[1] John Steinbeck, The Log From the Sea of Cortez 70 (1941).

[2] Robert M. Bednar, Denying Denial: Trauma, Memory, and Automobility at Roadside Car Crash Shrines, in Rhetoric, Remembrance and Visual Form 128, 129, 134 (Anne Teresa Demo & Bradford Vivian eds., 2012); Charles O. Collins & Charles D. Rhine, Roadside Memorials, 47 Omega 221, 221 (2003).

[3] Holly Everett, Roadside Crosses and Memorial Complexes in Texas, 111 Folklore 91, 96 (2000); Jon K. Reid & Cynthia L. Reid, A Cross Marks the Spot: A Study of Roadside Death Memorials in Texas and Oklahoma, 25 Death Stud. 341, 349, 352 (2001).

[4] Jennifer Clark & Majella Franzmann, Authority from Grief, Presence and Place in the Making of Roadside Memorials, 30 Death Stud. 579, 584 (2006); C. Allen Haney et al., Spontaneous Memorialization: Violent Death and Emerging Mourning Ritual, 35 Omega 159, 162 (1997).

[5] Haney et al., supra note 4, at 161.

[6] Collins & Rhine, supra note 2, at 226 (“Among the 18 deaths documented in the survey, the average victim was 17, with a range from 7 months to 34 years.”); Reid & Reid, supra note 3, at 347 (“The modal age was 17, with 11 [of 78] of the deceased being of this age. The next closest age in frequency was 19, with 4 decedents.”).

[7] Reid & Reid, supra note 3, at 341.

[8] See, e.g., Arizona Removing Roadside Memorials: Families Upset Over State Policy; Officials Point to Safety Concerns, The Arizona Republic, Oct. 6, 2007, at A1, available at 2007 WLNR 27636278 (“The roadside memorials, [the Arizona Department of Transportation] says, are too much of a safety hazard and can be too distracting for motorists.”).

[9] Nick Grabbe, Leverett Neighborhood Wrestles with Weight of Cross, Amherst Bull. (June 27, 2008), http://www.amherstbulletin.com/story/id/98909/, cited in George E. Dickinson & Heath C. Hoffmann, Roadside Memorial Policies in the United States, 15 Mortality 154, 163–64 (2010).

[10] Grabbe, supra note 9; cf. Residents Condemn Roadside Gravestone, Plymouth Evening Herald, Aug. 30, 2008, at 5, available at 2008 WLNR 16446088 (“Since the appearance of the inscribed headstone we [government officials] have received many complaints from local residents who find it very distressing to be reminded of this young man’s tragic death when they pass every day.”).

[11] Selina Steele, Hard Road – Vandals Target Memorials, Sunday Mail (Queensland, Australia), Feb. 11, 2001, at 7, cited in Clark & Franzmann, supra note 4, at 587; see also Vandals Target Roadside Memorial, The Mississauga News, Oct. 4, 2012, at 1, available at 2012 WLNR 21153366 (“A Mississauga man [in Canada] is heartbroken that items are continually being removed from his son’s roadside memorial in Georgetown.”).

[12] Steele, supra note 11, cited in Clark & Franzmann, supra note 4, at 587.

[13] Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 302 (2000) (emphasis in original) (quoting Bd. of Educ. v. Mergens, 496 U.S. 226, 250 (1990)).

[14] Capitol Square Review & Advisory Bd. v. Pinette, 515 U.S. 753, 767, 770 (1995) (plurality opinion) (“By its terms [the Establishment] Clause applies only to the words and acts of government. It was never meant, and has never been read by this Court, to serve as an impediment to purely private religious speech connected to the State only through its occurrence in a public forum.”).

[15] See Claudia E. Haupt, Mixed Public-Private Speech and the Establishment Clause, 85 TUL. L. REV. 571, 588 (2011).

[16] See Pleasant Grove City, Utah v. Summum, 555 U.S. 460, 471 (2009); see also Capitol Square, 515 U.S. at 800 (Stevens, J., dissenting) (“[S]igns and symbols are generally understood to express the [property] owner’s views.”).

[17] Summum, 555 U.S. at 471.

[18] Id. at 471. A government that speaks through a religious display is making a dangerous gamble. Chief Justice John Roberts’ first question at Summum oral argument reflected this danger:

[Y]ou’re really just picking your poison, aren’t you? I mean, the more you say that the monument is Government speech to get out of the . . . Free Speech Clause, the more it seems to me you’re walking

into a trap under the Establishment Clause. If it’s Government speech, [declining to display Summum’s

“Seven Aphorisms” stone monument in a public park] may not present a free speech problem, but what

is the Government doing speaking – supporting the Ten Commandments?

Transcript of Oral Argument at 4, Summum, 555 U.S. 460 (2009) (No. 07-665). This tension has not escaped scholarly attention. See, e.g., Lisa Shaw Roy, Pleasant Grove City v. Summum: Monuments, Messages, and the Next Establishment Clause, 104 Nw. U. L. Rev. Colloquy 280 (2010).

[19] Collins & Rhine, supra note 2, at 222.

[20] Id. at 226. “[E]nforcement efforts become a public relations disaster, especially if memorial builders choose to take their plight to the public via the media.” Id. at 241.

[21] See, e.g., Dickinson & Hoffmann, supra note 9, at 156 (“[T]he placement of crosses on public property has been controversial in a number of American states.”); Robert Tiernan et al., Should Roadside Memorials Be Banned?, Room for Debate, The Opinion Pages, N.Y. Times (July 12, 2009, 7:00 PM), http://roomfordebate.blogs.nytimes.com/2009/07/12/should-roadside-memorials-be-banned/.

[22] Jennifer Clark, Challenging Motoring Functionalism: Roadside Memorials, Heritage & History in Australia & New Zealand, 29 J. Transport Hist. 23, 38 (2008).

[23] See Janet L. Dolgin, Symbolic Anthropology: A Reader in the Study of Symbols and Meanings 185 (Janet L. Dolgin et al. eds., 1977).

[24] Deborah L. Wagner, Death, Memory, and Space: A Rural Community Response to Roadside Memorials 84-85 (August 2008) (unpublished M.A. thesis, University of Texas at San Antonio) (on file with author).

[25] The Supreme Court has struck down regulations that afford satisfactory alternative channels. See, e.g., Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 516 (1981) (ample alternative channels not available); Linmark Assocs., Inc. v. Willingboro, 431 U.S. 85, 93 (1977) (alternatives unsatisfactory).

[26] See Kenneth E. Foote, Shadowed Ground: America’s Landscapes of Violence and Tragedy 8 (Univ. of Tex. Press rev. ed. 2003) (“Sanctification involves the creation of what geographers term a ‘sacred’ place—a site set apart from its surroundings and dedicated to the memory of an event, person, or group.”); Collins & Rhine, supra note 2, at 239.

[27] Gibson, supra note 33, at 152.

[28] Capitol Square Review & Advisory Bd. v. Pinette, 515 U.S. 753, 800 (1995) (plurality opinion) (Stevens, J., dissenting).

[29] Heffron v. Int’l Soc’y for Krishna Consciousness, Inc., 452 U.S. 640, 647 (1981).

[30] Rebecca M. Kennerly, Getting Messy: In the Field and at the Crossroads with Roadside Shrines, 22 Text & Performance Q. 229, 245 (2002).

[31] Clark, supra note 22, at 38 (“[T]he public nature of these memorials allows a wider range of people to participate in the grieving process.”).

[32] Margaret Gibson, Death and Grief in the Landscape: Private Memorials in Public Space, 17 Cultural Stud. Rev. 146, 156-57 (2011).

[33] George Monger, Modern Wayside Shrines, 108 Folklore 113, 114 (1997).

[34] Reid & Reid, supra note 3, at 353 (“Some prefer that others’ mourning behavior not intrude on them as they travel the roadway.”).

[35] Bednar, supra note 2, at 133; id. at 140 (noting “their location on the roadside presupposes that people in automobiles will see them in roadspace . . .”); Clark & Franzmann, supra note 4, at 587 (“The non-grieving can see memorials as an intrusion upon their space.”).

[36] Karen Schmidt, Roadside Memorials Spark Religious Freedom Dispute, CHRISTIANITY TODAY, Apr. 3, 2000, at 20.

[37] Bednar, supra note 2, at 134 (“As individual shrine builders heal through repeating their encounter with the affective memory embodied in the shrine site, they bring the trauma to the rest of us, giving us an intrusive traumatic memory for us to work through in a different way.”).

[38] Dickinson & Hoffmann, supra note 9, at 156 (citations omitted).

[39] Stephanie Warsmith, Tattered Memorials To Dead Taking Toll In Neighborhoods, Akron Beacon J., Oct. 9, 2011, at A1, available at 2011 WLNR 20751801.

[40] Holly J. Everett, Crossroads: Roadside Accident Memorials in and Around Austin, Texas 57 (June 30, 1998) (unpublished M.A. thesis, Memorial University of Newfoundland)(“The [roadside memorial] assemblages have become so numerous as to render routine roadway maintenance difficult.”).

[41] Collins & Rhine, supra note 2, at 236 (“Plainly, any structure placed on the margins of a road hinder or complicate its maintenance. This is especially true of mowing operations along highways. Wood or metal crosses, stones, bits of decorative fencing, even votive candles and teddy bears interfere with normal procedures. Likewise, on private lands, especially in fields, memorials obstruct normal crop cultivation and harvesting.”).

[42] See, e.g., Friends Upset WSDOT Removed Roadside Memorial (KING 5 News Broadcast Apr. 2, 2012, available at http://www.king5.com/news/local/Friends-upset-WSDOT-removed-roadside-memorial-145784275.html) (“WSDOT said it was becoming a hazard because other drivers were slowing down to look at it [the memorial cross] along Interstate 405.”).

[43] Dickinson & Hoffman, supra note 9, at 161.

[44] Collins & Rhine, supra note 2, at 238.

[45] Chris Ross, Roadside Memorials: Public Policy vs. Private Expression, Am. City & County, May 1998, at 50, 52. Cf. Daniella Miletic, Roadside Tributes Blamed for Fatal Crash, The Age (Australia), July 11, 2009, at 3, available at 2009 WLNR 27592896 (“Police believe the two-week-old shrine made for the teenagers killed at the intersection . . . distracted 21-year-old Melissa I’Anson, who died when her car was hit by a B-double truck . . . [as she] slowed down to look at the messages as she turned right at the intersection.”).

[46] Reid & Reid, supra note 3, at 352–53; see also Everett, supra note 42 (thesis at 57) (“Additionally, TxDOT [Texas Department of Transportation] officials fear they are dangerously distracting to drivers.”).

[47] See Anthony Edward Churchill, Roadside Memorials and Traffic Safety 43 (August 2007) (unpublished M.S. thesis, University of Calgary) (on file with author) (“Municipalities’ chief concerns are distraction [of drivers] and the perception that roadside memorials are safety hazards.”).

[48] Richard Tay et al., Effects of Roadside Memorials on Traffic Flow, 43 Accident Analysis & Prevention 483, 484-86 (2011) (finding roadside memorials did not have any significant effect on speeding and following too closely, however, no positive effects on safety were found either); Churchill, supra note 49 (thesis at 92) (“The effects of memorials on traffic behaviour [sic] in both the study of short and long term effects have been shown to be statistically insignificant.”). Moreover, personal roadside memorials are unlikely to provide an effective cautionary or salutary effect on drivers: “The finding that roadside memorials do not affect driver speed or following distance suggests that use of conventional roadside memorials as a safety countermeasure for speed or following distance issues is unlikely to be effective.” Id. at 93.

[49] Richard Tay, Drivers’ Perceptions and Reactions to Roadside Memorials, 41 Accident Analysis & Prevention 663, 669 (2009) (“The number of red light violations in a 6-week period at selected intersections after the installation of the roadside memorials was found to be significantly lower (16.7%) than the violation rates in the 6-week period before the installation of the roadside memorials.”).

[50] Id.

[51] Id.

[52] Michael Risinit, Displays Help With Grief; Some Call Them Depressing, Unsafe, The (Westchester, NY) Journal News, June 2, 2004, A1, available at 2004 WLNR 23055889 (noting “regulations nationwide are a hodgepodge of do’s and don’ts”).

[53] Hannah Dreier, East Contra Costa Agency to Crack Down on Roadside Memorials, Contra Costa Times, Apr. 15, 2011, available at 2011 WLNR 7458502 (“Nationwide, states and cities are grappling with roadside memorials as they become more common. Though some local agencies have placed restrictions on memorials, it’s unusual to ban them outright.”). See also Cara Hogan, Hampstead Proposes Roadside Memorial Ordinance, Eagle-Tribune, Dec. 27, 2010, available at 2010 WLNR 25455635; Jo Ann Hustis, Lasting Memories, Morris Daily Herald, Aug. 25, 2011, available at 2011 WLNR 16829809; Neil Johnson, Roadside Memorial for Man Sparks Controversy, Janesville Gazette, Jan. 16, 2012, available at 2012 WLNR 1024690;

Memorials Create Dilemma for Cities, Sun Sentinel, Feb. 25, 2012, at 1A, available

at 2012 WLNR 4080769; Warsmith, supra note 41, at A1; Sam Wheeler, Signs of Remembrance, Ashland Daily Tidings, Aug. 21, 2011, available at 2011 WLNR 17417056.

[54] Dickinson & Hoffmann, supra note 9, at 158 (identifying that 23 states, or 46%, have adopted a policy).

[55] See, e.g., Alaska Stat. § 19.25.260 (2010); Dep’t of Transp. & Pub. Facilities, State of Alaska, A Primer for Roadside Memorials (n.d.), available at http://www.dot.alaska.gov/stwddes/dcsrow/assets/pdf/roadsidememorials.pdf.

[56] See, e.g., Fla. Dep’t of transp., Welcome to the Highway Safety Memorial Marker Program, available at http://www.dot.state.fl.us/statemaintenanceoffice/memorial%20markers.shtm

[57] States, such as Pennsylvania, Ohio, New York, Rhode Island, and Nebraska do not have an official policy for roadside memorials but will remove any marker that poses a safety hazard. JoAnne Klimovich Harrop, Roadside Shrines Help Loved Ones Deal With Tragedy, Pittsburgh Tribune Review, July 4, 2010, available at 2010 WLNR 13421675 (“While there is no law against erecting roadside memorials, PennDOT District 11 spokesman Jim Struzzi says there is kind of an unwritten procedure. ‘PennDOT is certainly sympathetic to the needs of the family and friends when it comes to roadside memorials,’ he says. ‘We would prefer not to see them, but conversely, we appreciate what they mean to people. We would say, if they want to erect them, that they keep in mind where they are erecting the roadside memorial so as not to be distracting to drivers.’”); Perry Brothers, Crosses Relay Messages, Cincinnati Enquirer, June 8, 1999, at A1, available at 1999 WLNR 8445925; Warsmith, supra note 41, at A1 (“The Ohio Department of Transportation doesn’t permit memorials, but allows them to remain as long as they don’t pose a hazard or draw away drivers’ attention. When the state does maintenance work, such as mowing, memorials in the way are removed, said Justin Chesnic, a spokesman for the department’s District 4.”).

[58] Ind. Code Ann. § 9-21-4-6 (West 2012).

[59] Iowa Code Ann. § 318.3(7) (West 2012).

[60] Mont. Code Ann. § 60-6-101 (2011) (prohibiting encroachments on the right of way for state highways); Mont. Dep’t of Transp., Mont. Right of Way Operations Manual ch. 7 (2007) (defining encroachments), available at http://www.mdt.mt.gov/other/rw/external/manual/chapter_7.pdf.

[61] N.D. Cent. Code § 24-03-23 (2002).

[62] Robert Medley, Heaven Begins at Roadside Crosses, Oklahoman, April 29, 2012, at 21A, available at 2012 WLNR 9136664; Seth Seymour, Roadside Memorials Against Law; However, State Is Sympathetic, Virginian-Pilot & Ledger Star, July 12, 2005, at 8, available at 2005 WLNR 12830393.

[63] Dreier, supra note 55 (“Roadside memorials technically violate the law because they are on public property, but they are often untouched because of their sensitive nature.”); Memorials Create Dilemma for Cities, supra note 55, at 1A (“Cities across Florida have rules for regulating the erection or duration of roadside memorial markers. But some don’t follow them, to avoid the delicate and emotional issue of taking down a marker in memory of somebody who was killed.”).

[64] Dickinson & Hoffmann, supra note 9, at 161; Kennerly, supra note 30, at 244 (“Despite federal and state laws, local government agencies responsible for safety and maintenance of public roads often indicate a reluctance to remove roadside shrines.”). Accord Craig Schneider, DOT: Makeshift Tributes Must Go, Atlanta Journal-Constitution, Feb. 10, 2011, at A1, available at 2011 WLNR 2626628 (“They are already prohibited under state law, and many are removed as workers cut the grass and pick up litter along the roadways. But workers often leave the memorials for a time in deference to family and friends.”).

[65] Kennerly, supra note 30, at 251. This “grace” is also reflected in the policy statement from various state agencies. For example, Arizona’s Historic Preservation Specialists acknowledge that while “Roadside Memorials are not considered historic properties,” Arizona DOT treats these memorials “with respect for the families that install and maintain the memorials.” Envtl. Planning Group., Ariz. Dep’t of Transp., Historic Preservation Handbook 69–70 (2008), available at www.azdot.gov/highways/EPG/EPG_Common/Docs/Technical/Cultural_HPT_Handbook.doc. And Alaska’s “Primer for Roadside Memorials” starts with the caption “We respect your feelings.” Dep’t of Transp. & Pub. Facilities, State of Alaska, A Primer for Roadside Memorials (n.d.), available at http://www.dot.state.ak.us/stwddes/dcsrow/assets/pdf/roadsidememorials.pdf. Dickinson & Hoffmann, supra note 9, at 161; Collins & Rhine, supra note 2, at 237.

[66] Kennerly, supra note 30, at 244.

[67] This evolution has not escaped criticism. See, e.g., Douglas G. Smith, The Constitutionality of Religious Symbolism After McCreary and Van Orden, 12 Tex. Rev. L. & Pol. 93, 94 (2007) (characterizing the Court’s efforts in McCreary and Van Orden as “[doing] little to clarify the law” and “leaving lower courts to sort out the principles that resulted in such disparate results regarding substantially similar displays”).

[68] A crèche is “a visual representation of the scene in the manger in Bethlehem shortly after the birth of Jesus, as described in the Gospels of Luke and Matthew.” Cnty. of Allegheny v. ACLU, 492 U.S. 573, 580 n.4 (1989).

[69] Compare Lynch v. Donnelly, 465 U.S. 668 (1984) (upholding display of a crèche in the city’s shopping district), with Cnty. of Allegheny, 492 U.S. 573 (striking down display of a crèche on the grand staircase of the county courthouse).

[70] Compare Van Orden v. Perry, 545 U.S. 677 (2005) (plurality opinion) (holding the Establishment Clause was not violated by a long-standing public display of the Ten Commandments on the grounds of a state capitol), with McCreary Cnty. v. ACLU, 545 U.S. 844 (2005) (holding the Establishment Clause was violated by the display of the Ten Commandments in two Kentucky courthouses).

[71] Compare Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009) (rejecting Summum’s Free Speech challenge on the grounds the city accepted and displayed a Ten Commandments monument, yet denied the Seven Aphorisms monument), with Salazar v. Buono, 559 U.S. 700, 718-19 (2010) (plurality) (noting in dicta that the government need not eradicate all religious symbols in the public realm to avoid governmental endorsement of religion: “A cross by the side of a public highway marking, for instance, the place where a state trooper perished need not be taken as a statement of governmental support for sectarian beliefs.”).

[72] “This Court’s Establishment Clause jurisprudence is undoubtedly in need of clarity . . . .” Mount Soledad Mem’l Ass’n v. Trunk, 132 S. Ct. 2535, 2535 (Nos. 11-998 & 11-1115) (June 25, 2012) (Alito, J., respecting denial of certiorari). In his dissent from the denial of a writ of certiorari in a case examining whether a cross on the public roadway to commemorate the “last alive” place of a fallen state trooper is an Establishment Clause violation, Justice Clarence Thomas said, “Today the Court rejects an opportunity to provide clarity to an Establishment Clause jurisprudence in shambles.” Am. Atheists, Inc. v. Davenport, 132 S. Ct. 12, 13 (Nos. 10-1276 & 10-1297) (Oct. 31, 2011) (Thomas, J., dissenting).

[73] Summum, 555 U.S. at 486 (Souter, J., concurring in the judgment).

[74] Id. at 476 (majority opinion).

[75] Id. at 464.

[76] Id. at 476.

[77] Id. at 477.

[78] Van Orden v. Perry, 545 U.S. 677, 701–02 (2005) (Breyer, J., concurring).

[79] McCreary Cnty. v. ACLU of Ky., 545 U.S. 844, 872 (2005). Under the Lemon test, a governmental activity or law is constitutional if the following three criteria are satisfied: (1) it has a secular purpose; (2) the principal

or primary effect of which must neither advance nor inhibit religion; and (3) it must not foster an excessive entanglement with religion. Lemon v. Kurtzman, 403 U.S. 602, 612–13 (1971).

[80] Summum, 555 U.S. at 474. In light of this multiplicity of meaning it is unclear if a display’s meaning is entirely subjective. However, it is unlikely the Supreme Court’s jurisprudence will go this route.

[81] Id. at 477.

[82] Everett, supra note 42 (thesis at 178); Monger, supra note 35, at 114.

[83] Bronna D. Romanoff & Marion Terenzio, Rituals and the Grieving Process, 22 Death Stud. 697, 698-707 (1998); Collins & Rhine, supra note 2, at 228-35; Clark & Franzmann, supra note 4, at 583-95.

[84] See Haney et al., supra note 4, at 169; Émile Durkheim, The Elementary Forms Of Religious Life 4 (Mark S. Cladis ed., Carol Cosman trans., Oxford University Press, World Classics 2001) (1912) (“[W]e must reach beneath the symbol to the reality it embodies and which gives it its true meaning. The most barbarous or bizarre rituals and the strangest myths translate some human need, some aspect of life, whether individual or social.”).

[85] For an analysis of the Free Speech and Establishment Clause concerns raised by roadside crosses, please click here. [link to full text of article]

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Ashleigh Barnes & Jonathan Burton-Macleod

For Jonathan Burton-Macleod and Ashleigh Barnes, perspective is everything. Collectively, their scholarship has led them through diverse international opportunities including faculty positions in India and Australia, as well as study abroad programs in Russia, Tanzania and, perhaps most endearingly, Cape Town, South Africa, where the couple first met.

“In any area of law you benefit from comparative perspectives,” said Barnes, who earned a Ph.D. from the Australian National University earlier this year, “I think you can sit at a desk and read about it, but actually going and taking European human rights in Europe, for example, changes the focus completely. That absolutely infuses your scholarship and your teaching – it brings so many insights into the substance of what you’re teaching.”

A Florida native and graduate of the University of Florida’s Levin College of Law, Barnes’ research draws upon interdisciplinary scholarship, particularly historical and sociological approaches to childhood, as well as international law’s approaches to children in order to propose new ways of examining children’s lives and interests within U.S. law.

Like Barnes, Burton-Macleod’s expertise and familiarity with comparative law is immediately apparent. His curiosity in the subject first stemmed from his time working at the Center for Disease Control in Atlanta, Ga. While there, he developed an interest in social policy through witnessing how social and economic factors can affect disease. Law, not medicine, suddenly seemed the more appropriate route to explore these interests.

“In the implementation of law – context matters and political culture matters,” said Burton- Macleod, who served as Assistant Dean for Research and International Collaborations at the O.P. Jindal Global University in Delhi, India. “I highlight that to my class and I want to highlight that as a benefit to studying overseas. What we call legal positivism – the idea that text and internal interpretation is all that matters – is not something that I hope to be true. In my experience, context matters a great deal for how law is understood and implemented. Comparative law is an extended lesson in understanding that context matters a great deal for how law is interpreted and implemented.”

Currently, Burton-Macleod’s research focuses on identifying and explaining the influence of public discourse on formal law and policy-making processes within the areas of constitutional law and law and development.

“Legal pedagogy and the law school experience are increasingly reliant on a sense of globalization, a sense of internationalized networks, transnational networks, and exchange opportunities,” said Burton-Macleod.

“Not just in terms of market share or in gaining international students but in terms of strategically buying into a global outlook. That is something that I have seen and was attracted to in coming to Coastal Law and in conversations with others at the school. The idea that we have to be very aware of what we’re doing as a law school and the ways in which we can strategically optimize transnational opportunities for our students.

“Recently, in reintegrating into the American context as a teacher, I have really drawn on my mentorship contacts in the U.S. There have been a few key people who have really stuck with me, given me advice, and have been strong advocates for me. I enjoy thinking about being able to pass that on – whether with students at Coastal or students that we’ve previously had in India or Australia.”

As they begin their work at Coastal Law, Burton-Macleod and Barnes plan to contribute their knowledge and international experience to Coastal Law’s curriculum and programming. Barnes said what she finds most gratifying about teaching are the experiences she’s had with students who enter law school overwhelmed and faced with tremendous disadvantages yet utilize their available resources to overcome difficulties and succeed.

“This is part of the reason why we really appreciated Coastal – this notion of serving the underserved,” said Barnes. “We’ve found in our classes at Coastal, students are exceptionally motivated and come to class prepared and willing to participate. As a professor you can’t ask for more than that; that’s the ideal I think.”

For now, the world-traveling couple has settled in St. Augustine, Fla. where they are raising their young daughter, Thea.

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Shamauria Walton (left) and Winnifred Staats (right).

On Monday, May 20, 2013, the inaugural class of Coastal Law’s JD Fast Track program began their expedited course of study. Consisting of the same number of credit hours as a traditional three-year degree, this program offers a unique opportunity for students to enter the legal community after only two years.

“This is for students who are prepared to really buckle down and devote the time necessary,” said JD Fast Track student Winifred Staats, who earned a master’s degree in Criminal Justice from Marshall University.

Made possible by maximizing course loads and summer semesters, this rigorous program provides substantial financial benefits including the reduction of living expenses by one third. JD Fast Track students who started the program in May 2013 will receive a total legal education savings of approximately $50,000.

“Yes, it’s a challenge,” said JD Fast Track student and Florida State University graduate Shamauria Walton. “But I think it will create top lawyers who are dedicated to their work and prepared to handle the pressure.”

The post … And they’re off! appeared first on Coastal Law Magazine.

Sarah Spear Sands (center). – Photo by Jack Conroy

For evidence on the versatility of a jurisdoctor degree, look no further than Sarah Spear Sands. A former legislative affairs senior director for the Association for Advanced Life Underwriting (AALU) on Capitol Hill, Sands now focuses her talents on what many may consider an unlikely venue – fitness.

Sands, a Coastal Law Class of 2006 alumna, is the owner of Dance Trance DC, a franchise of the dance fitness program that mashes aerobics and choreography to Top 40 hits. A near-instant success, Sands said that in only one year she outgrew her first studio and now manages two full-time employees and six instructors.

“It has really been an incredible experience and even though I was nervous and maybe even embarrassed to try something new, my education and experience ultimately gave me the confidence to try,” she said.

“Trust me. Studying for the bar is definitely a confidence booster.”

Though a success today and poised for growth, Sands said her decision to leave behind what was once her dream job was both difficult and deeply personal.

“So many people on the Hill work themselves to death trying to reach unattainable goals and, for a while, I was no different,” she said. “Then I got married and my priorities shifted. I realized I wasn’t being honest with myself and I needed to make a change.”

Sands said her husband Ben was instrumental in helping her arrive at that conclusion. Three months before their wedding he left his consulting job to start Regret Free Life, a company that empowers professionals to form and achieve goals.

“He let me know it was ok to admit that I wasn’t doing what I loved and that I needed to look for other opportunities,” Sands said. “I was his first client, actually.”

Dance Trance isn’t new to Sands. She began taking classes her first year at Coastal Law and stayed with it all along. She said it was not just a way to “turn off and not think about work,” it also allowed her to develop a healthier lifestyle.

“That’s one of the things that I enjoy passing on to others,” she said. “I empower people, including my former colleagues to live better lives. At first I didn’t know how people would react when they found out what I’m doing now, but it’s completely the opposite. They say, ‘I admire your strength. You left the desk behind to do what you love.’

“I really do.”

How does a former Capitol Hill attorney use her law degree to transition from one successful career to another on the opposite end of the spectrum? Here’s how:

1. In the beginning: “What I learned in my business law classes was incredibly helpful – things like incorporating an S Corp and an LLC. It helped having the background I have.”
2. When negotiating: “As a business owner I have a lot of difficult decisions to make – how I price, who I work with. I decide all of that.”
3. When it comes to confidentiality: “When I work with clients, I exercise the same discretion I did in my past jobs. Often, I work with people who are going through life transitions of their own – divorce, emotional issues, etc. It’s really important to keep all of that in confidence.”
4. In public speaking: “In law school you learn a lot about communicating clearly and about logic and rationale. That kind of training continues to serve me well.”
5. When it comes to being diplomatic: “In this job, I come across people from all different backgrounds. As it is in the law, it’s important to treat everyone fairly and with respect. I’m reminded of that every day.”

The post Alumna empowers others — one class at a time appeared first on Coastal Law Magazine.

The following is a first-person perspective by Kyle Sill, a 2009 Coastal Law graduate and a charter class member of the school’s study abroad program with the University of Auvergne in Clermont-Ferrand France. The program is now in its sixth year.

When you are asked to go to France to teach American law you don’t say no. What started as a law school summer abroad in Clermont-Ferrand, France, developed into living and working in France as a professor of law. And now, that has blossomed into clerking at Florida’s busiest district court of appeal, while also serving as an adjunct professor at my law school alma mater.

Coastal Law’s five-week summer abroad program is amazing. My full course load included classes on international and French law and made me realize, though we may govern differently, the laws are extremely similar.

Living and later working expanded on this in ways I could never imagine. I figured out how to teach American law concepts in what was a second or third language for most all of my students. I now know that being a law professor is the end-game for me. I traveled all over France and Europe: from the Alps to Ukraine. I solidified my inner travel bug and now take—at least—yearly trips to scratch the ever-growing itch.

Today, I am a judicial clerk at Florida’s First District Court of Appeal, where I get to research, discuss, and write on every facet of law: administrative, criminal, civil, and everything in between. I get to recommend courses of action. It is an incredible challenge, and no two days are the same.

If not for Coastal Law’s summer program, I would never have made the initial trip. If not for that trip, I would never have met my future employer in France. If not for the professors, education, and opportunities I received while at Coastal Law, I would never have thought of teaching as a career or been qualified to do so. If not for each of these things, I would not have been hired to clerk for two appellate judges.

When I started law school, if you had told me this is how it would have played out, I would have laughed. But now, I cannot see doing it any different or any other way. I developed and followed my passions and dreams—and have reaped immeasurable benefits.

I wake up every day and get to do what I love.

The post “Vivant le Rêve” appeared first on Coastal Law Magazine.

The Florida legislature also attempts to assure transparency among members of an LLC. For example, a member may not “unreasonably restrict” the LLC from maintaining or another member from accessing certain business records. Further, a member may not alter the required member materials or change specific duties in the winding up process. See Fla. Stat. §605.04091 for manager and member duties.

Leaving the LLC and The Liability That Follows

The updated Act grants all members the authority to leave an LLC (known as “dissolution”) by way of the LLC’s operating agreement (Fla. Stat. §605.0602) or what is now known as “wrongful” dissolution See Fla. Stat. §§ 605.0601; 605.0602. However, if a member causes a wrongful dissolution, that member may be liable to both the LLC and its members.” Fla. Stat. §§ 605.0105(3)(i); 605.0601(3).

The Act provides for Statements of Authority, which may give the public notice about who can enter in contracts on behalf of the LLC (“bind”). See Fla. Stat. §605.0302)

Indemnify and Reimbursement

If a member or manager is sued while acting in his/her capacity at the LLC then the LLC may pay the attorney fees. However, the indemnified must repay the LLC if the court finds him/her not entitled to indemnification. See Fla. Stat. § 605.0408. However, the LLC may neither reimburse nor indemnify a member or manager that acted in bad faith or violation of law, received undue distributions, or acted outside his/her capacity of the LLC (See Fla. Stat. § 605.0105(3)(q)). The Florida Revised LLC laws are comparable but do not mirror RULLCA.

Dino Perakis is a Florida Coastal School of Law student anticipating graduation May 2014, current law clerk for US Dist. Court of the Middle Dist. of Florida, Jacksonville, Florida , Judge Monte C. Richardson.

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This week, the United States Supreme Court declined to hear the case, leaving the Court of Appeals decision as the prevailing authority in that state. While 11 other states have similar state laws, there will likely be continuing litigation as state laws vary on this issue. 

Legislation has been introduced in Congress, and the collection processes may become less burdensome in the future. These are two potential reasons suggested by commentators for the Supreme Court’s denial to hear the case.

The post Supreme Court Declines To Hear Amazon’s Case To Stop Collecting Sales Tax appeared first on Coastal Updates on Regulatory Affairs and Business.

The post Family Law Clinician Preps for Temp. Needs Hearing appeared first on Legal Clinics.

… listen to the podcast at wjct.org.

The post With Marissa Alexander Still Behind Bars, Where Does Her Case Go From Here? appeared first on Coastal Law In The News.

Mock Trial Announcements

November 7-11 was a historic weekend for Mock Trial. The team of Theresa Carli 3L, Jorge Gonzalez 2L, Keshia Baptiste 3L and Jola Adigun 3L were the champions at the National Buffalo Niagara Trial Advocacy Competition! With 36 teams and 8 rounds in this competition, Coastal Law outperformed teams from Seton Hall, William and Mary, Georgia State, Houston, Creighton, Faulkner, Temple, and Pacific McGeorge, taking the number one spot. Jola Adigun tied for the Best Advocate award. Congratulations to a hard fought and most deserved win! Congratulations also to team manager Aaron Pease and Coastal and Mock Trial alum coach Janeen Mira.

Additionally, two Coastal teams competed in the Florida Justice Association’s Mock Trial Competition in Tampa. Megan McCoy 3L, Chardo Richardson 2L, Temitope Ola 2L and Keith Robertson 2L placed fifth out of all the Florida schools. Although Mide Olaloye 2L, Megan Becker 2L, Erin McLean 3L, and Trey Flournoy 2L didn’t place, they did an outstanding job winning one of their two preliminary rounds. Congratulations to all as well as their team manager (TM), Elisabeth Whitmire (who incidentally has been the most outstanding TM of this season) as well as their coaches Jamie Holland and Robert Underwood.

Pro Bono Opportunities – Don’t Miss Out!

On Tuesday, November 19, 2013 the Pro Bono Department will hold a meeting from 12:00 until 1:00 p.m. in room 505. During the meeting, students can obtain information about the law school’s voluntary pro bono program. If you are interested in obtaining legal experience and getting involved in the community, plan on attending. Representatives from Jacksonville Area Legal Aid and Three Rivers Legal Services will be present and sharing information about how students can get involved in their organizations.

The Public Interest Research Bureau:

A team led by Managing Editor Boris Futeryan with Research Assistants Amanda Uwaibi and Timothy Warren and Spot Editor William Cassidy completed a project for Gulf Coast Legal Aid regarding the sale of a camper with no title. A team led by Managing Editor Maggie Harris with Research Assistants Kristin Saam, Jessica Stillwell and Sara Nekou and Spot Editor Angela Viltro completed a project for the Legal Aid Society of Palm Beach County regarding the mandatory electronic filing of court documents for pro se indigent litigants who do not have regular computer or internet access. If you are interested in learning about the Research Bureau or participating, please visit us on the school website at https://www.fcsl.edu/bureau/.

Legal Clinic Updates

• Disability and Public Benefit Clinic: George Arut, certified legal intern, with the help of student advocates, Steve Kouri, Jarmon Desadier and Shawn Chesbrough, assisted caregivers in obtaining Guardian Advocacy over three individuals with developmental disabilities.  The process entails providing the individuals with support while maintaining their independence in the community.

• Family Law Clinic (FLC): Jenniza Rosado drafted a motion to dismiss an appeal where the minor child is deaf and the court changed custody to the father, so the child could attend the school for the deaf and blind.  The appeal was from an order granting the father’s emergency motion.  Jenniza argued that it was not a final or appealable order under the appellate rules. The Court (3rd DCA) granted the FLC’s motion and dismissed the appeal. The FLC has won two out of three motions! The final appeal is now pending–brief writing, here we come!

• Immigrant Rights Clinic (IRC): IRC students have been representing many clients in asylum claims this semester.  Recently Jansen Balisi and Cristina platter presented an asylum case for an LGBT client who faced persecution in his country based on his sexual orientation. Alberto Lugo and Paula Molano are filing an asylum claim for another client who fears persecution as a perceived member of the LGBT community. Stephanie Chopurian and Seok Mi Kim are representing individuals in a domestic violence-based asylum claim. Christina Chavez and Sandra Alvarado are preparing for an asylum trial with an immigrant child who fled gang violence in Central America. Willie Wallace has been working diligently to defend the rights of a young man who faces deportation, despite being the child of a US citizen and having been raised in the US for most of his life.

• Criminal Defense Clinic: The criminal defense clinic worked on a mock Jury selection last week in preparation for trial.  The criminal defense clinic typically has hearings for 20- 25 clients a week.

Join the Thanksgiving Judicial Breakfast on Thursday!

The Young Lawyers Section of the Jacksonville Bar Association invites all Coastal Law students to their Thanksgiving Judicial Breakfast on Thursday, November 21 at 8:30 a.m. at the Bryan Simpson United States Courthouse in the 9th Floor Clerk’s Office.  Don’t miss the opportunity to join The Jacksonville Bar Association’s Young Lawyers and our Federal Judges for breakfast.  RSVP to Lauren Blocker ’10 at laurenblocker3@gmail.com by Tuesday, November 19!  Please remember you must present a photo ID to the Court Security Officers to enter the courthouse, and you may only bring in cell phones or other electronic devices upon presentation of a Florida Bar card or Duval County Courthouse lawyer identification card.

For instant updates, follow Florida Coastal School of Law on Twitter @floridacoastal or President Dennis Stone @dennisjstone

The post Coastal Law Mock Trial announcements appeared first on Coastal Weekly.

If you have any questions, please do not hesitate to stop by the Reference Desk on the third floor of the Library & Technology Center or contact the Reference Librarians via email, telephone (904.680.7612), or the Ask a Librarian form.

If you think we should consider adding something to the collection, please feel free to recommend it here (Coastal ID login required).

The post We’ve got new resources! appeared first on Library & Technology Center.

The post Honoring our Immigrant Veterans and their contributions to america appeared first on Legal Clinics.

“You could definitely just say that a commissioning couple is the intended parent, the two parents of a child who will be conceived with the means of assisted reproductive technology. Take gender as far as mother and father out of it,” she suggests.

… read the entire story here.

The post Lawyer: Same-Sex Custody Case Affects Reproductive Medicine, Family Stability appeared first on Coastal Law In The News.

Clinic Updates

The Immigrant Rights Clinic along with JALA’s Baker Defense Project and The Americans For Immigrant Justice toured the Baker County Immigrant Detention Facility this past week and interviewed immigrant detainees about conditions in the facility. Students will be preparing a report of their findings on human rights conditions.

The Immigration Law Reform poster contest first prize winner is James Carbonell, who received a copy of Kurzban’s Immigration Law Source book.

Public Interest Research Bureau Completes Two More Projects

A team led by Managing Editor Britt Hansen with members Lianna Mette, Kyle Benda, and Coleman Brooks completed a project for Florida Legal Aid assisting in a constitutional challenge to Florida’s Reemployment Assistance Benefits changes. A team led by Managing Editor Stacy Patrick with members Victoria Gammill, Betsy Dobbins, Rachel Kotkin, Kenneth Miranda, and Justin Smith completed a project for Atlanta Legal Aid examining several child support issues.

If you are interested in learning about the Research Bureau or participating, please visit us on the school website at https://www.fcsl.edu/bureau/.

Moot Court Success Continues

Congratulations to the Moot Court Honor Board on winning another national competition, the Appellate Lawyers Association National Moot Court Competition, held in Chicago. In the last two years, no law school in the country has won more national moot court competitions than Florida Coastal. The team consisted of Team Manager Will Goebel and oralist/brief writers Jared Wilkerson and Frances Denizard. In addition to winning the championship, the team also won the Best Brief Award and Jared received Best Advocate. This is the third national competition Best Brief Award won by the Honor Board this year, which leads the nation. The team was coached by Professor Nick Martino.

Environmental Law Society Keeps Jacksonville Beautiful

Congratulations to Coastal Law’s Environmental Law Society (ELS) and all participants in our school community for earning yet another Keep Jacksonville Beautiful Award. ELS and Coastal were recognized at Jacksonville City Hall for several successful environmental projects planned and completed in the community during the last year, including ELS’s annual planting of sea oats and active participation in the International Coastal Cleanup. Accepting the award on behalf of ELS, 2013 graduates Elizabeth Fortino and Johnathan Gless helped make this the third consecutive year where ELS has been recognized for commitment to environmental excellence in the Jacksonville community. A special thanks to Eileen Laux and other student leaders for their fine work over the past year.

For important information, follow Florida Coastal School of Law on Twitter @floridacoastal or President Dennis Stone @dennisjstone

The post Public Interest Research Bureau completes two more projects appeared first on Coastal Weekly.

“The real question will be, how will the ethics investigation come out?” he said. “Any time you start an ethics investigation, it creates a stain on the person being investigated, even though the mere acceptance of jurisdiction doesn’t mean one thing one way or the other.”

… read the entire story here.

The post Conservative Conference Ends, But Bad Feelings Remain In Clay County Schools appeared first on Coastal Law In The News.

MOCK TRIAL SUCCESSES CONTINUE

Charlotte School of Law hosted its 2nd annual Carolinas Invitational Mock Trial Tournament from October 25th-27th. Although typically only open to schools from the Carolinas, Coastal Law was invited to participate this year. Our team placed second in this competition outperforming teams from Duke, the University of South Carolina, and Liberty. An impressive accomplishment in the first year competing in this tournament, especially since all the Carolina schools had the case problem for a year and we only had it for 29 days! Congratulations to our finalist team: Ashlea Edwards, Michael Spain, Sarah Morris, and Alex Gilewicz as well as their partner team: Elyse Cossio, Jerry Minix, Sam Houston, and Jahlysa Stewart, with team manager: Jakela Rivers; and Coastal and Mock Trial alum coaches: Florence Chen and Rocco Carbone.

Additionally, the same weekend another Mock Trial team competed in the Puerto Rico Trial Advocacy Competition in San Juan. This is a national, invitation only competition requiring all competitor teams to have won at least one national competition previously in order to be invited. The team of Tiffany Roman, Tiara Goins, Brandon Coleman, and Gianelli Latorre-Henley tied for fourth place after the preliminary rounds. Congratulations to them as well as their team manager Alyssa Blanchard and coaches Professor Lois Ragsdale and Coastal alum Garth Cheek. Professor Ritter also wants to thank the entire Mock Trial team for sending out resounding support and well wishes to their teammates who are competing.

MAKE PLANS TO ATTEND AN CENTER FOR LAW PRACTICE TECHNOLOGY INFORMATION SESSION

On Tuesday, November 5, from 12-1 in room 250, we invite you to learn about the Center and the FCSL courses offered in the Spring semester from Co-Director of the CLPT and ABA Legal Rebel Rich Granat. Professor Granat will explain the changing role technology is playing in legal services. He will provide information about the courses offered through the Center and how they can enhance your law practice and prepare you for a multitude of jobs in the burgeoning legal services industry. Pizza and Refreshments will be provided to those who RSVP via Symplicity.

CONGRATULATIONS TO PROFESSOR SUSAN HARTHILL’S PUBLICATION SUCCESS

Professor Harthill’s most recent article, Shining A Spotlight on Unpaid Law Student Workers, was accepted for publication in the Vermont Law Review, to be published at 38 Vt. L. Rev. ___ (2014).  This article reviews the various types of unpaid work performed by law students and analyzes whether such work violates the minimum wage requirements of the Fair Labor Standards Act.  The article also offers advise on how law firms and law schools should structure law student work to ensure compliance with the wage and hour law.

Professor Harthill’s book chapter entitled Legal Issues: The Role of Law in Addressing Bullying in the _Workplace, was also published this month in Bullying in the Workplace, Causes, Symptoms, and Remedies (edited by John Lipinski & Laura M. Crothers).

VETERANS DAY LUNCH

The Office of Student Affairs will be hosting a Veterans Day Lunch for all of our student veterans, active duty military, and reservists. Join us for good food, camaraderie, and to honor your service. The event will take place Thursday, November 7, 2013 from 12-1pm in room 505. Please RSVP to Lauren Levine at LLevine@fcsl.edu.

OBSERVE THE FIRST D.C.A. TUESDAY AND WEDNESDAY ON CAMPUS

The Florida First District Court of Appeal will hear cases at Florida Coastal Tuesday, November 5

th and Wednesday, November 6th beginning at 9:00 a.m. each day.  The panel assigned to hear oral arguments includes Judge Bradford L. Thomas, Judge Stephanie W. Ray and Judge Scott D. Makar. Oral arguments will take place in the Sonnenschein Courtroom, Room 400.

This is a tremendous opportunity to observe the Florida appellate court in action.  I encourage each of you to attend to hear at least a portion of the arguments.  The judges understand that students will be coming and going to attend classes.  Please dress in courtroom attire, silence your mobile devices and remove head coverings not worn for religious reasons.

To receive a copy of the calendar and case summaries, please email Cynthia Stroud.

2014 SPRING EXPERIENTIAL LEARNING CLINICS

2Ls and 3Ls, I strongly encourage you to register now for spring 2014 Experiential Learning Clinics because they are a great way to gain real practice learning experience working on live cases with real clients. As I’ve said many times before, practical work experience on your resume can be very appealing to employers.

Students can receive two credits for participating in any one of the following Clinics:

• Education Law
• Florida Appellate Law
• Child Advocacy and Dependency Law
• Mediation Skills
• Trust and Estates
• Unemployment Compensation Law
• Veteran’s Benefits Law
• Wrongful Convictions
• Naturalization Law
• Interviewing and Counseling

Please contact either Professor Totty or Professor Johnell for more information. Do not miss out on this opportunity.

CLINICS UPDATES

The Immigration Clinic had its first same sex marriage Family Immigration interview this week.  The case was recommended for approval. It was one of the first same sex marriage interviews in our District. Immigration Clinic Student Maureen Porras received news that she won a Cancellation of Removal Deportation case that she tried over the summer.

The Criminal Defense Clinic had a jury trial scheduled to start this week for a client charged with domestic battery. Our Client’s speedy trial rights were at issue and unfortunately for the State Attorney’s Office, they were unable to locate the alleged victim in time for the trial resulting in charges being dropped on our Client. However, it was great experience for our clinic student team because they were prepared and ready for trial. Congratulations Criminal Defense Clinic Students!

PRESIDENT DENNIS STONE IS NOW ON TWITTER!

Follow him at @DennisJStone for school announcements and other insights.

The post Coastal Law Mock Trial Successes Continue appeared first on Coastal Weekly.

Career Opportunities with the FBI

The FBI will be on campus Tuesday, October 29th from 12-1:30 in room 550, for a special presentation on career opportunities. A guest lecturer and 2L student will be available for Q & A after the presentation. Food and refreshments will be served.

Public Interest Research Bureau Completes is First Project of the semester

A Florida legal aid attorney submitted the project requiring the students to analyze whether a creditor, in support of an account stated claim, is required to produce itemized account statements when the debtor denies receiving account statements and alleges satisfaction of the debt. Under the supervision of Professors Millard and Clement, the students dedicated a three-week period to researching the issues and drafting a thorough memo, which was submitted to the attorney in early October. Congratulations to the following students who collaborated on this project: Gelilla Asfaw, Brittany Snell, Hailey Osland, Barbara Southmayd; and Chief Managing Editors, Michael French, and Sarah Grizzle.

The Research Bureau is currently working on four other projects. If you are interested in learning about the Research Bureau or participating, please visit us on the school website at https://www.fcsl.edu/bureau/.

Interested in a Part Time Program?  Coastal Law’s Part Time Evening Program is for you!

Coastal Law now offers a part-time evening program designed for students who are unable or prefer not to enroll full time. For many working professionals, this program presents a financially feasible and flexible way to earn a law degree at Coastal Law. In addition, PTE students will have convenient access to full-time student amenities, including academic success and bar exam support, career counseling, and experiential learning opportunities. Likewise, students in the program are eligible to participate in students organizations, including moot court, mock trial, and law review.

The Admissions Team is hosting two more Part Time Evening Program Open Houses on, November 7th, and January 16th from 6:00-8:00pm. Please spread the word and contact our office with any questions.

Please Join the Immigration Law Class in their Poster Presentation Display “Reforming our Immigration Laws”

Students from the Immigration Law Class will be in the Atrium from 3:30pm to 4:30pm on Wednesday, Oct. 30th, showcasing their proposals for a reformed and improved immigration system. Everyone agrees the system is broken. But how do we fix it? Join the Coastal conversation on immigration reform. Students will be available to discuss and answer questions about their proposals for change. All students, faculty, and staff are welcome to come!

Moot Court National Successes

Congratulations to two Moot Court Honor Board teams for their incredible success at a national competition in Atlanta. One team advanced to the semi-finals, the other to the quarter-finals. In fact, our two teams faced each other in the quarters or both might have advanced to the semis. The Team Manager for both teams was Alicia Battern. The semi-final team consisted of Keisha Baptiste, Charlie Pearson and Rachel Kotkin. The members of the quarter-final team were Kristy Warren, Joseph Nall and Jennifer Pruden. Professor Nick Martino coached both teams. Congratulations to all.

The post Career Opportunities with the FBI appeared first on Coastal Weekly.

“I thought he had a good defense,” Sullivan said. “The state’s case seemed weak.”

… read the story at the St. Augustine Record.

The post For some, verdict fails to clear up confusion over cyber cafes appeared first on Coastal Law In The News.

If a lawyer didn’t register an objection, those convictions will stand, Sullivan said.

Sullivan said he was surprised by the ruling.

“Once Greenwade admitted he had cocaine and showed the police officers where it was, I think it was up to the jury to decide whether the amount of cocaine he possessed was more or less than 200 grams,” Sullivan said.

Read more at Jacksonville.com: http://jacksonville.com/news/crime/2013-10-18/story/convict-cocaine-trafficking-case-get-shorter-sentence#ixzz2iMcViH4O

The post Convict in cocaine-trafficking case to get shorter sentence appeared first on Coastal Law In The News.

Joint Degree Programs Now Available

Attention 1Ls and 2Ls: Coastal Law has partnered with Jacksonville University to offer a JD/Master in Public Policy (MPP) dual degree program. JU is now accepting applications and will admit a maximum of 20 MPP students for Fall 2014. First and second year Coastal Law students are eligible. To learn more, please attend the upcoming information session on October 24 at 12:30 p.m. in Room 510.

Center for Law Practice Technology

• The legal industry is undergoing a paradigm shift from one which has been focused on inputs (i.e., number of people and hours involved in working on a client’s case) to one focused on outputs (i.e., how much can be produced in a given period while minimizing the cost of inputs and producing excellent results).
• Law students with technical training are in high demand by the exploding legal services industry.
• Companies offering legal services such as e-discovery and document review and those offering software to improve the efficiency of legal services doubled the number of jobs available between 1998 and 2010.
• Florida Coastal is one of a handful of law schools offering legal technology courses to its students.
• Sign up for Center for Law Practice Technology courses in the Spring 2014 semester and distinguish yourself from the crowd.
• Visit http://www.fcsl.edu/clpt for more information.

Action at the Clinics

The Criminal Defense Clinic was scheduled for a jury trial this week. The clinic acted as a trial team in drafting and filing motions to dismiss. In addition to those motions, the clinic also filed a motion to depose witnesses who refused to speak with the clinicians. Due to the great work of Professor Ragsdale and her “gang of eight” super clinicians the State ended up dropping all charges on the date of jury selection. Kudos to the CDC team!

The Public Benefits Clinic and the Immigrant Rights Clinic have been collaborating with the Regional Conflict Counsel’s Office on case involving a family with a disabled child and family immigration issues. Dean DuBose has pitched in to help the clinics with this case. Whenever possible, Coastal Law clinics try to work together to provide clients with holistic legal services.

Family law clinic students are providing much needed legal services to a diverse group of clients in the northeast Florida area, including clients with special needs and disabilities. Recently Professor Tuttle met with JALA’s pro bono director Kathy Para to discuss ways in which the clinic could assist JALA with this great community need.

The Immigrant Rights Clinic students have been working overtime responding to the confusion that the Federal Government Shut Down has caused to immigrant clients.

Coastal Clinic student Daniella Caceda did an amazing job representing the Immigrant Rights Clinic at the AILA Central Florida Conference in Clearwater, FL. She interacted with experienced immigration attorneys from all over the country.

Join The Human Trafficking Task Force

Florida Coastal Clinical Students are teaming up the NE Florida Human Trafficking Task force to plan events for January 2014 human trafficking awareness month. Florida Coastal’s Immigrant Rights Clinic is providing representation to numerous human trafficking victims. Contact Ericka Curran at ecurran@fcsl.edu for more information and learn ways to get involved.

Don’t Miss the Pro Bono Fall Forum This Thursday!

On Thursday, October 24, 2013 from noon to 1 p.m., Pro Bono is hosting its annual Fall Forum. During the Fall Forum, representatives from more than 20 nonprofit organizations will be in the atrium, meeting with students to discuss how they can get involved and make a difference in their organizations. See you there!

Moot Court Congratulations Again!

Congratulations to two Moot Court Honor Board teams in their success at the National Civil Rights and Liberties Moot Court Competition in Atlanta. In fact, our two teams faced each other in the national quarter-finals. The team of Kristy Warren, Joseph Nall, and Jennifer Pruden shined, reaching the quarter-finals. The team of Keisha Baptiste, Charlie Pearson, and Rachel Kotkin excelled and reached the semi-finals. Alicia Battern did fantastic job as Team Manager. Professor Nick Martino coached both teams.

The post Joint degree programs now available appeared first on Coastal Weekly.

Defense attorney Mitch Stone called the potential precedent set by the case “very disturbing.”

Mathis agreed, saying, “Attorneys are on trial in this case. And attorneys all over the nation need to be very afraid when six years after you give legal advice, somebody disagrees with that legal advice and they can convict you of a crime.”

Sullivan said when the Internet cafes surfaced, he spent time researching the issue. The cafes sold Internet time and gave away sweepstakes entries that had to be checked on machines that resembled slot machines.

Sullivan said he determined the businesses “may fall under the exception for sweepstakes.”

“My impression was that this is very much an unsettled area of the law,” he said.

… read more at the Jax Daily Record.

The post Mathis verdict called a win and ‘disturbing’ appeared first on Coastal Law In The News.

The recently announced Coastal Center for Law Practice Technology will be offering the following courses this spring:

• Law Practice Technology and Management:  3 credits- Professors Granat and Kimbro
• Ethics of Online Legal Services:   1 credit- Professors Hornsby and Kimbro
• Social Media in Law Practice: 1 credit-  Professor Kimbro
• Legal Document Automation:  2 credits- Professor Lauritsen

Courses offered through the CLPT will:

• Provide a distinct advantage to students entering a solo or small firm practice by teaching them how to create a virtual law firm, automate legal documents, leverage social media to develop a brand, and ensure legal services are delivered in an ethically sound manner.
• Position students to assume careers in the burgeoning market of companies offering technology solutions for legal services, including electronic discovery, legal process outsourcing, law practice management software, automated document assembly, and more.
• Provide students with the knowledge of technology recommended by ABA Model Rule of Professional Conduct 1.1, comment 8, which states that lawyers should “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”
• Address ways to improve access to justice through the use of legal technology.

For more information about the Center, the courses and our nationally-recognized professors, please visit http://www.fcsl.edu/clpt.

Pro Bono Student Informational Meeting

On Thursday, October 17, 2013, Pro Bono will host an informational meeting in room 405 from noon to 1 p.m. During the meeting, students can find out about new volunteer opportunities in the Northeast Florida community. Representatives from the Department of Children and Family Services and the Fourth Circuit Guardian Ad Litem Program will be present to provide information about how students can get involved in their organizations. Volunteering is a great way to gain legal experience while helping individuals without the resources to help themselves. We hope to see you there!

Bar Character & Fitness Event During Hot Dog Wednesday

The Library and IT will be hosting Hot Dog Wednesday on October 16th.  During the event, the Librarians will also be available to help you find the information you need to fill out your bar character and fitness application!  Stop by the Hot Dog Wednesday event on the deck, October 16th from 4:00pm-6:00pm, to ask your questions and have a snack.  Remember all 1st semester students must complete their Florida Bar Character & Fitness application (or receive an exemption) in order to register for Spring classes.

3Ls – Take a FREE Kaplan Diagnostic Exam to Help You Prepare for the Bar!

Florida Coastal School of Law and Kaplan have collaborated to offer December graduates an outstanding opportunity to more effectively prepare for the bar exam. Between October 15, 2013 and November 5, 2013, graduating students are invited to take, free of charge, the online 3L Kaplan Diagnostic Exam. The exam is designed to test Torts, Contracts, Real Property, and Criminal Law, areas that are frequently tested on state bar exams, as well as essay writing. Students will receive detailed individual reports that provide valuable insight that can help them better prepare to take the Bar Exam. Graduating students will receive an email with information on how to log on to take the exam.

Want your information to appear in the Coastal Weekly?

If you have some exciting news to share or want to promote an event to the entire Coastal Law community, please be sure to send it to Kirsten Oliver at koliver@fcsl.edu in the Advancement Department by Wednesday at 5:00 p.m. to make it into the next edition.

The post The Center for Law Practice Technology courses open this Spring appeared first on Coastal Weekly.

…read more at News4Jax.com

The post Jacksonville man, customers want clothes back after dry cleaner closes appeared first on Coastal Law In The News.

If you have any questions, please do not hesitate to stop by the Reference Desk on the third floor of the Library & Technology Center or contact the Reference Librarians via email, telephone (904.680.7612), or the Ask a Librarian form.

If you think we should consider adding something to the collection, please feel free to recommend it here (Coastal ID login required).

The post Check out these new additions to the Coastal Library collection! appeared first on Library & Technology Center.

Prof. Nichols of the NE Florida Association of Criminal Defense Lawyers

The post Criminal Defense Clinic Hosts Panel from NE Florida Association of Criminal Defense Lawyers appeared first on Legal Clinics.

The post Disability and Public Benefits Clinic Hard at Work in the Community appeared first on Legal Clinics.

Foundation Update

Scholarships – there is still time to apply for the Dan Bradley Scholarship of $2,500 and four Coastal Law Foundation Scholarships of $2,000 each.  Deadline is October 10, 2013.  For more information contact: Kirsten Oliver at Koliver@fcsl.edu

Foundation Board – the Foundation Board is currently accepting names of interested and qualified candidates to fill two open positions on the Board.  Board members serve a two year term.  For more information or to submit a name contact: Elizabeth Bates at Ebates@fcsl.edu

Moot Court wins another national competition!

In fact, congratulations to three Moot Court teams on their tremendous success last weekend at the National Latino Law Students’ Association Moot Court Competition. This marks three years in a row Florida Coastal has won this championship.

The Team Manager, James Carbonell, masterfully guided our three teams. The team of Monica Smith, Aaron Pease, and Sterling Spencer won the championship, arguing the final round in front of the New Mexico Supreme Court. In addition to the team win, the New Mexico Supreme Court justices awarded Sterling the final round Best Advocate Award. Another Honor Board team, Shirley Zambrano, Jorge Gonzales and Kristin Saam, was a third place, semi-finalist team. And Shirley won the Best Brief Award, Respondent. Congratulations also to the team of Elisabeth Whitmire and Theresa Carli both performed great as they reached the quarter-finals. Professor Nick Martino coached all three of our teams. Congratulations to all.

Mock Trial Presents Finalists for the Upcoming Competition – Come and See!

Come and watch the Fifth Annual Spohrer and Dodd Trial Advocacy Competition Tuesday, October 15th, from 5:30 to 7:30 in Courtroom 450. These eight Mock Trial Members will compete for cash in this exciting competition. The finalists are:

Megan McCoy, Theresa Carli, Erin McLean, Tracy Engle, Gianelli Latorre-Henley, Brandon Coleman, Jola Adigun, and Michael Spain

Congratulations to these finalists! Don’t miss this great opportunity for 1L’s interested in learning more about the Mock Trial Experience.

We Have Fantastic Externship Opportunities!

Spring credit-bearing Externship opportunities with corporations, public interest employers and government entities are now available for a limited time! Contact the Career Services Department for more information or visit their blog.

Once again, practical legal work experience in law school is a great way to apply what you learn in the classroom out in the field and, in addition, it looks great on your resume.

Want your information to appear in the Coastal Weekly?

If you have some exciting news to share or want to promote an event to the entire Coastal Law community, please be sure to send it to Kirsten Oliver in the Advancement Department by Wednesday at 5:00 p.m. to make it into the next edition.

Have a great week and I wish you continued to good luck on your midterm exams.

The post Still time to apply for scholarships and another Moot Court win appeared first on Coastal Weekly.

Career Services Drop-In Day for 2Ls & 3Ls

The CSD will be hosting any 2Ls and 3Ls who wish to DROP-IN to the Career Services Office, ROOM 180, on Tuesday, October 1st between 9:00 a.m. and 5:00 p.m. for help completing Spring 2014 Externship Applications and enjoy a snack while working! The deadline to apply on Symplicity for Externships with Corporations, Public Interest Employers, and Government Entities is October 11th. We encourage students to act quickly to ensure time to have application materials reviewed. Don’t wait until the last minute!

No appointments are necessary for 2Ls and 3Ls, October 1st only!  (For all other days, counseling appointments with the CSD are required and can be scheduled via Symplicity, by stopping into Room 180 or emailing careerservices@fcsl.edu.)

Clinic Opportunities Await!

Criminal Defense Clinic and Family Law Clinic applications are due by midnight September 30th.  Don’t miss out on the opportunity to gain real, legal work experience during your time in law school. Consider this great opportunity to get real legal work experience before you graduate.

Hispanic Leadership Recognizes Professor Ada Hammond

Professor Ada Hammond has been selected by Mayor Brown to receive the Hispanic American Leadership Award for the difference she has made to the city’s Hispanic community in the areas of Business and Education.  She will receive this award on Monday, September 30 inside City Council Chambers at 117 W Duval St Jacksonville, FL 32202, at 6 p.m.

Here is a link with more info about the award: http://www.coj.net/departments/boards-and-commissions/hispanic-american-advisory-board/bizform/hispanic-leadership-award-nomination-form.aspx

Apply For These Florida Coastal School of Law Foundation Scholarships Now!

The Florida Coastal Foundation is now accepting applications for the Dan Bradley and Coastal Law Foundation Scholarships. These scholarships range from $2,000 to $2,500, and are awarded based upon merit, need, and the specific criteria of each scholarship. The deadline for applying is October 10th, 2013, with short essays required for each. For more information, look for a recent email with application from Kirsten Oliver in the Office of Advancement, or contact Elizabeth Bates at EBates@fcsl.edu.

The post Opportunities and scholarships appeared first on Coastal Weekly.

“This was not something that was meant for warning shots,” Sullivan said. “The Legislature needs to fix this.”

Sullivan said Corey and Alexander both have reasons to consider a deal now.

Read more at Jacksonville.com: http://jacksonville.com/news/crime/2013-09-27/story/appeals-court-orders-new-trial-jacksonvilles-marissa-alexander-case#ixzz2g6C5BiHr

The post Appeals court orders new trial for Jacksonville’s Marissa Alexander in case attracting ‘Stand Your Ground’ attention appeared first on Coastal Law In The News.

Read the entire story at news4jax.com.

The post Ship hits Mathews Bridge; span ‘closed indefinitely’ appeared first on Coastal Law In The News.

The post Criminal Defense and Family Law Clinic Application Deadline Extended to September 30th appeared first on Legal Clinics.

The post LSAV and Clinics Sponsor Guest Lecture with JSO and FBI Victim Advocates appeared first on Legal Clinics.

Florida Character & Fitness Clearance Onsite Fingerprinting Opportunity for Students

Take advantage of this fantastic opportunity! The company who does all fingerprinting for the Florida Bar will be in the Library on Wednesday, October 2nd. Avoid the drive to their offices, off-site appointments, and get your fingerprinting done. Students must make an appointment and prepay by September 30th. Follow the step by step directions available on our Character & Fitness website or go to https://www.fcsl.edu/content/bar-character-and-fitness-clearance. Remember all 1st semester students must complete their Florida Bar Character & Fitness application (or receive an exemption) in order to register for spring classes.

Congrats to our ABOTA scholarship recipents!

Very recently, six students earned the American Board of Trial Advocates Scholarship for their outstanding performance in their Fall 2012 Professional Responsibility classes. This award was coordinated by Professor John J. Schickel of Coker, Schickel, Sorenson & Posgay.

Pictured from left to right are: Benjamin Bennett, KyleMilliron and George Arut. Scholarship recipients not pictured, include Caterina Mainardi, Katrina Wosko and Amanda Parker, who have graduated.

Announcing the Coastal Law Foundation 2013-2014 Annual Fund

In Florida, there are more laws than ever in place to protect residents, help victims and prosecute predators of human trafficking. However, important work remains, as Florida accounts for the third-highest call volume to the National Human Trafficking Resource Center.

The Legal Clinics at Coastal Law operate largely on countless faculty and pro bono student clinician services hours. In fact, from 2011-2013, the Florida Coastal School of Law legal clinics provided approximately 59,000 hours of pro bono legal services in Jacksonville and its surrounding communities!

The goal of the Coastal Law 2013-2014 Annual Fund is to provide much needed additional support to our clinics as they continue to defend victims of these horrific crimes.

The Coastal Law Foundation is a 501(c)(3) organization whose purpose to raise money for scholarships and programming, and provide opportunities for Coastal Law students to enter the legal profession and to pursue their passion for public service.

If you are able, I encourage you to show your support and help stop the traffic. Click here to donate.

Mock Trial Triumphs

Over the past 10 days the Mock Trial Team has competed in ten rounds of preliminary trials, semi-finals and finals. The 37 students new to Mock Trial this year each had to try a case based on the murder of a winning lottery ticket holder by a recent law school grad with a lot of debt.

The semi-finalist teams were Brandon Coleman & Olumide Olaloye (state) v. Alexander Gilewicz & Sarah Morris (defense) and Michael Spain & Ashlea Edwards (state) v. Megan Becker & Jerry Minix (defense). All four teams tried outstanding cases the past two evenings and were scored by local attorneys from the State Attorney’s Office, the Public Defender’s Office and private firms. The top scoring state team was Brandon Coleman & Mide Olaloye. The top scoring defense team was Alex Gilewicz & Sarah Morris. These two finalist teams had the opportunity to try their case Friday morning at the federal courthouse in front of Federal Magistrate Monte Richardson.

Congratulations to Alexander Gilewicz and Sarah Thomas for winning the Mock Trial Intramural Competition. Also, congratulations to Alex Gilewicz for being named the Best Advocate for the preliminary rounds of the IC. The 12 top individual scorers from the IC are now eligible to try out for the 5th Annual Spohrer Dodd Trial Advocacy Scholarship Competition. They are: Joshua Brumley, Gianelli Latorre-Henley, Brandon Coleman, Christopher Bateh, Erin McLean, Sarah Morris, William “Trey” Flourney, Alexander Gilewicz, Jared Wilkerson, Michael Spain, Ashlea Edwards and Megan Becker. The Fifth Annual Spohrer Dodd Trial Advocacy Scholarship Competition will occur on Tuesday, October 15th in room 450.

The post Congrats to our ABOTA scholarship recipients appeared first on Coastal Weekly.

Coastal Law Foundation awards scholarships

This September, two Coastal Law students were awarded scholarships from the The Coastal Law Foundation. We are grateful to the faculty members who contributed their time and expertise in the area of clinical and pro bono work, and participated in the selection process.

• Leah S. Gregoire was awarded the J. Richter Humanitarian Award

This award was established in the memory of the late Mr. J. Richter by his wife, Mrs. Gail F. Richter.  Mrs. Richter asked that the money be awarded to a student who “excels in Humanitarian causes and programs”.

Ms. Gregoire is a senior clinical student in the Immigrant Rights Clinic. She tried an Asylum case before the Immigration Court in Orlando for a Haitian earthquake survivor and received high compliments from both the judges and the government officials she appeared before. She recently drafted and submitted a brief to the Board of Immigration Appeals for a victim of extreme gender based violence, making complex arguments regarding a particular social group. She is passionate about Immigrant rights and the rights of the vulnerable.  She went above and beyond for her client making referrals for shelter, food and clothing. Leah has also worked over 140 pro bono hours in addition to her clinical case hours.

• Emily B. Cochran was awarded American Academy of Matrimonial Lawyers Scholarship

This award was established through an endowment by the American Academy of Matrimonial Lawyers, Florida Chapter. The scholarship is awarded annually to a student who “distinguishes himself/herself in the area of Family Law”.

Emily is currently the President of the Family Law Society, having previously served as Social Chair. She has completed over 600 hours of pro bono service, including her time with the Family Law Clinic. She has volunteered as a Guardian Ad Litem and participated in other family law related events, including the Ask A Lawyer Pro Bono Project. Emily has attended the Mental Health CLE and Professional Symposium focusing on family law issues both of which were sponsored by the local bar and is hoping to serve as student member of the Family Law Inns of Court for the 2013-2014.

Other scholarship news

Congratulations to Daniella Caceda who will be receiving free tuition from the American Immigration Lawyers Association to attend their annual Central Florida Conference in Clearwater Beach this October 11th and 12th.

Federalist Society Debate

Please join our Professors Kolenc and Tomain as they debate “Citizens United: Judicial Activism or Free Speech?” on Wednesday, September 18th, room 425 from noon until 1 p.m. Lunch from 4 Rivers Smokehouse will be provided and all are welcome to attend!

Pro Bono Opportunities

Interested in public interest law? Please join the Pro Bono Department on September 19th, room 525 from noon to one p.m. to learn more about Coastal’s voluntary pro bono program! This is a great opportunity to gain legal experience and get involved in the community. Representatives from the American Red Cross and the Family Nurturing Center will be sharing information about their organizations.

Meanwhile, if you are interested in participating in one of our clinical programs, The Criminal Law, Disabilities & Benefits, and Caribbean Law Clinics are each still accepting applications. Participation in a clinic is great way to acquire practical legal work experience.

Are you Bi-lingual?  Earn pro bono hours for interpreting in a legal setting

The Clinics Volunteer Interpreter Program (VIP) needs student volunteers to help better serve its clients. If you are bi-lingual and would like to earn pro bono hours by assisting the clinical programs communicate with limited English proficient clients, please send an e-mail to vbernadotte@fcsl.eduor Maria.Posada@law.fcsl.edu.

The Immigrant and Human Rights Clinic currently has an urgent need for a Swahili and Amharic interpreter.  If you are fluent in Swahili or Amharic, please e-mail vbernadotte@fcsl.edu orMaria.Posada@law.fcsl.edu.

Students – Want some Bar Character & Fitness Application Help?

The Library will help you find the information you need to fill out your bar character and fitness application! Stop by the Atrium on Tuesday, September 17th from 11:45am-1:30pm to ask your questions. A notary will be available to notarize your application. Remember all 1st semester students must complete their Florida Bar Character & Fitness application (or receive an exemption) in order to register for spring classes.

Some of Coastal’s Offices Have Moved

This week completed the move of several offices out of Oak Grove and into Baypine, including Finance and Admissions. Finance is now located in suites 391-399. Admissions is now located on the first floor in offices formerly occupied by SBA and the Public Interest and Skills Office.

The post Coastal Law Foundation awards scholarships appeared first on Coastal Weekly.

Clinic Applications Available on simplicity (link above):

• Disability & Public Benefits
• Criminal Defense
• Family Law
• Immigrant Rights

Gain trial, pre lit drafting & transactional experience while still in law school.

The post Apply Now For Clinics! appeared first on Legal Clinics.

The post In the Library this Week (Sept. 9th – 15th) appeared first on Library & Technology Center.

The post September 3rd Department of Justice honors program- entry level attorney position deadline! appeared first on Legal Clinics.

Do you have your Bar Clearance?

Interested in doing a clinic or externship? 

Would you like to know more about each program?

Do you have questions about how to balance a clinic or externship with your other courses?

The clinic and externship programs will be hosting 3 information sessions next week for students to ask questions and learn about the programs.

Tuesday at 12 in room 400
Tuesday at 4 30 in room 400
Friday at 12 in room 400
Lunch served at the noon hour sessions.

Clinical Faculty and Experienced Students will be on hand to answer quesitons.

The post Clinical Program Information Sessions on Tuesday appeared first on Legal Clinics.

The judicial order can be found at the following link: http://www.scribd.com/doc/164000823/NFL-Concussion-Litigation-Settlement.  A more detailed list of the principal terms can be found here: http://nflconcussionlitigation.com/?p=1506

By CURB contributor Joshua Blessing, Florida Coastal JD Candidate 2014, BS Business Administration, Concord University, former Director of Golf, 2003 to 2011, Wolf Creek Golf Colf Club.

The post NFL Settles Concussion Lawsuit. appeared first on Coastal Updates on Regulatory Affairs and Business.

The post criminal defense clinic. . .and it’s only week 2 appeared first on Legal Clinics.

The discreet little ruling last week was from federal judge Claudia Wilken in a case where the lead plaintiff is former UCLA star basketball player Ed O’Bannon. He and several other former players claim the NCAA has been fixing the price of an athlete’s image and likeness in a way that virtually eliminates a player from sharing in the value they created. The suit alleges the NCAA colludes with its member schools, TV networks and videogame manufacturers in violation of anticompetitive provisions of federal antitrust law. The claimed relief includes a share of the billions in revenue generated from the current system.\

Continue the story at www.forbes.com/sites/rogergroves/2013/07/10little-known-federal-court-ruling-hints-at-ncaa-showdown-with-current-student-athletes

The post Little Known Federal Court Ruling Hints At NCAA Showdown With Current Student Athletes appeared first on Coastal Updates on Regulatory Affairs and Business.

The post We Have Consolidated the CSD Blogs appeared first on Alternative Careers.

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The post We are merging. . . appeared first on Private Practice.

Posts to the Dimensions of Diversity Blog and all other CSD Blogs will be available in one location. Check out the Career Crossroads Blog to review all your career and professional development resources.  Click http://fcsl.edu/blogs/careercrossroads/ to begin the journey!

The post Update on CSD Blogs appeared first on Dimensions of Diversity.

For more information on Government & Public Interest topics, please see the Career Crossroads blog at http://fcsl.edu/blogs/careercrossroads/ and select the Government & Public Interest tag.

If you have any questions about our blog or information contained on our blog, please contact our office at (904) 680-7744 or careerservices@fcsl.edu.

The post Visit Our Main Blog! appeared first on Government & Public Interest.

The post Consider an Elder Law Practice appeared first on Private Practice.

1.  Research each firm carefully.  Let the firm know you are interested and why you are a good fit.  Ensure you do your homework on the practice areas or specialties of the firm and the attorney with whom you will be interviewing.  They can tell if you are prepared and interested in them, or if you are just winging it.  If you show you are serious, you will be received more warmly.

2.   Be enthusiastic!  If you know you would absolutely accept an offer from the firm, let them know in your interview, thank you note, and in any follow up you may have. 

3.   Be sure your resume, cover letter and thank you notes are perfect.  If they see misspellings, typos, or grammatical errors, your application will be dismissed.  It is that simple.  Please ensure you review your documents with your Career Services Counselor prior to submission.  Please call 256-7744 to make an appointment.

4.   To better your chances, consider applying to firms that are located a little farther away from your desired locale.  You will still be in the area, and you will have the benefit of  a wider variety of firms.

5.   Network.  You can join the local bar association and then get involved.  Most voluntary bar associations will welcome you as a Student Member.  You will have the opportunity to meet many practicing attorneys who may remember you when they hear of an opportunity or position.

6.   Be a leader.  Emphasize in your resume and then in interviews leadership roles you have held or your local voluntary bar involvement.  Firms are looking for those people who know how to network successfully and will be able to bring in future business.

7.   Be ready to give examples during an interview of how you may have solved a problem, showed leadership or acted as a team player in the past.  Don’t be surprised if employers ask a question of this sort and be prepared with an answer.

The post Landing an Interview appeared first on Private Practice.

The post Yay…it’s officially SUMMER… appeared first on Government & Public Interest.

*Decide on your networking goals prior to the event.  A realistic goal may be to meet and speak to at least 3 attorneys you don’t know and to make a connection. 

*Prepare and practice an “elevator speech” which is 2 minutes of introduction to who you are.  For example ” I am originally from Orlando and would like to practice in the family law field. . .”  Also prepare questions you may ask potential contacts, like “are there any organizations you would advise me to join in order to get to know family law attorneys?” Or “how did you decide to practice personal injury law?”.

*Place your legible nametag on your right and high up so it is easily read by your contacts.

*Write hints on business cards about who they are or what you talked about.

*Keep circulating to people you do not know.  If you are having a particularly good conversation with a contact, suggest a follow-up meeting or lunch.

*Follow up in order to build and nurture these new relationships, whether that be connecting on Linkedin, scheduling a future meeting, or writing a thank you note to a contact who spent a little more time with you.

The post Networking at an Event appeared first on Private Practice.

If you are thinking about pursuing an alternative career, a Career Services Counselor can work with you to develop a customized job search plan.  Call 904.680.7744 to schedule an appointment today!

The post Updated Guide to Alternative Career Resources appeared first on Alternative Careers.

Law Students and Attorneys with Disabilities

• Friday, August 9, 2013
• Hyatt Regency Crystal City at Reagan National Airport
• 2799 Jefferson Davis Highway
• Washington DC / Arlington

 We invite you to join us to interview returning Fall 2012 law students and lawyers with disabilities from law schools across the country!   Employers will be able to prescreen all applicant materials via an email link sent by the IMPACT coordinators. 

REGISTRATION IS NOW OPEN!

(Employer Registration Deadline – Thursday, July 11, 2013)

(Student/Graduate Registration Deadline – Sunday, July 14, 2013, 11:59 pm)

The post appeared first on Dimensions of Diversity.

Not only are you building referral sources, but your classmates may become a sounding board to bounce ideas off in the future during your legal career.  Building these professional friendships is one thing, but these relationships must be nurtured as well.  Linkedin is a great professional networking site to keep these contacts current and can help you stay in touch with classmates, professors, and all the contacts you make throughout your career.

The post Building Professional Relationships appeared first on Private Practice.

The post Free Webinar Regarding Smart Growth Planning appeared first on Government & Public Interest.

William Fife

By William Fife, Florida Coastal School of Law graduate, Indiana University MA – International Relations.

Adopted in the first Judiciary Act of 1789, the Alien Tort Statute (ATS) is nearly as old as the American Republic itself.  Although the ATS was included in this bedrock of American judicial power, the ATS has rarely been used to exercise jurisdiction in U.S. district courts as forums for lawsuits by foreign citizens against foreign defendants for torts in violation of international customary law or a treaty of the U.S. (28 USC § 1350).  Congress furthered this standard by adopting the Torture Victim Protection Act (TVPA) in 1991 to enable both U.S. and foreign victims of torture and extra-judicial killing to seek redress in U.S. courts.  Filartiga v. Pena-Irala in 1980 set ATS precedent by pursuing not just states but also individuals for violations of international customary law.  Sosa v. Alvarez-Machain in 2004 affirmed Filartiga allowing federal courts to recognize claims for violations of international norms that are “specific, universal, and obligatory.”  The ATS has also been used in several claims against multi-national corporations, such as Unocal, Royal Dutch Shell, and Caterpillar with varying results.  However, the current U.S. Supreme Court, in Kiobel v. Royal Dutch Petroleum Co., limited the reach of the ATS by shielding corporate liability for international human rights violations—at least in terms of extraterritoriality.

In a unanimous decision, the Court in Kiobel held that “the presumption against extraterritoriality applies to claims under the ATS, and nothing in the statute rebuts that presumption.”  Originally framed around the issue of whether or not there is corporate liability under the ATS, the Court then shifted focus to the issue of jurisdictional extraterritoriality.  Why the about-face?  Did the Court shift issue-focus to create a new limitation regarding extraterritoriality to avoid affirming corporate liability for human rights abuses abroad?  The ATS only offers the following language: “the district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”  The Court held that since the precise language of the ATS does not specifically state the ability for extraterritoriality, then it has none in order to avoid judicial interference in foreign policy.

In an apparent victory for limiting corporate liability for  human rights abuses abroad,  Kiobel still does not extinguish all claims against corporations under the ATS.  The opening to pursue claims under the ATS against corporations has just been narrowed in terms of extraterritoriality.  Justice Breyer’s concurrence provides the opening. In his view, “(T)oday’s pirates include torturers and perpetrators of genocide…and… they are “fair game” where they are found.”

The post Foreign Tort Claims Against Corporations Limited By The US Supreme Court. appeared first on Coastal Updates on Regulatory Affairs and Business.

• Tuesday, June 11 from 5:30-7:30:  Charlotte Alumni Chapter Summer Send Off at the Icehouse.
• Thursday, June 20 from 6-8 p.m.: Orlando Alumni Chapter Summer Send Off at TAPS.
• Wednesday, July 17 from 6-8 p.m.: Tampa Alumni Chapter Summer Send Off at Brio.
• Saturday, July 20 from 4-6 p.m.: Atlanta Alumni Chapter Summer Send Off at 5 Seasons Brewing Company in Sandy Springs.
• Tuesday, July 27 from 5-7 p.m.: Pensacola Alumni Chapter Summer Send Off at Jaco’s Bayfront Bar & Grill.
• Wednesday, July 28 from 6-8 p.m.: Tallahassee Alumni Chapter Summer Send Off at Level 8 Lounge at Hotel Duval.

The post FCSL Alumni Chapter Events: Summer Send Off appeared first on Dimensions of Diversity.

Do you need a little primer on Symplicity?  Want some Interview Tips?  Desire to find out more about what else you can do with a Juris Doctor degree?  The answers plus much more is located in the document library. 

This source also contains videos of past panels held on a variety of legal disciplines, has internship and externship information, a graduate job search checklist, where to find voluntary bar associations and legal directories.  An excellent document worth mentioning is titled Websites with Legal Job Listings.

Remember that the Career Services Department is available to answer any additional questions you may have, so please remember to make an appointment with a counselor to discuss any of your job search concerns.

The post A Source You Should Know About, But Probably Don’t appeared first on Private Practice.

William McCue, Florida Coastal School of Law student, Bachelors of Business Administration,Accounting from University of North Florida, and former tax accountant with two CPA firms in Florida.

In Bush v. United States, nineteen partners of Dillion Oil Technology Partnership were assessed penalties by the IRS for substantial underpayments of tax. The partnership experienced considerable losses that the individual partners claimed as deductions on their respective federal personal income tax returns. The IRS rejected most of the deductions. The tax was paid and sued for a refund.  The dispute centered on whether the losses were associated with tax motivated transactions. The determination of whether a transaction is tax motivated is a partnership-level decision because it reflects the intent of the partnership in undertaking the transaction. The determination is not an individual partner-level decision. However, the partners are still liable for the partnership and the partners paid the tax and penalties in 2004. In 2006, the partners, as individuals, initiated a suit for refund.

The determinative issue became one of jurisdiction and the lack of a proper plaintiff. The Court of Federal Claims held that individual partners may not bring tax challenges relating to subject matter “attributable to a partnership item.” A tax transaction is “attributable to a partnership item” if it is due to, caused by, or generated by the partnership in conducting business. Claims that are attributable to the partnership must be brought in a partnership-level suit by the Partnership Representative or the Tax Matters Partner. Accordingly, the Court dismissed for lack of subject matter jurisdiction under the Tax Equity and Fiscal Responsibility Act, 1 I.R.C.7422 (h). The Federal Circuit affirmed the dismissal, calling the claim an impermissible collateral attack.  For the full text of the opinion see http://docs.justia.com/cases/federal/appellate-courts/cafc/12-5051/12-5051-2013-05-30.pdf

The post Individual Partners of Lose Refund Suit For Failing to Sue as Partnership Entity. appeared first on Coastal Updates on Regulatory Affairs and Business.

Allison Doyle writing for About.com speaks to the importance of your Linkedin profile and how it can help you look for jobs and how employers are finding you.

The post Your Linkedin Profile appeared first on Private Practice.

This is an excellent opportunity for students to gain practical experience in city governance and processes.

If you are interested in this opportunity, please contact Kat Oughton in Career Services at koughton@fcsl.edu or (904) 256-1133 ASAP. To obtain credit for this opportunity, you will need to be selected prior to Tuesday’s Drop/Add deadline.

The post Summer Externship available at the City of Jacksonville Ombudsman Office appeared first on Government & Public Interest.

You stressed about it, you practiced, you dressed appropriately.  The interview is over–what should you do now? 

**Thank You Notes:     You should always send thank you notes, preferably within 24 hours of your interview.  Email is fine, but if possible, a handwritten missive, on personalized stationery should be sent.  Your note should be short, with no typos, and should re-emphasize your interest in the position and why you are the ideal candidate.  You may reference something you discussed during the interivew or mention something of interest to the interviewer.

**Follow Up:     This is touchy with no bright line rule–too much follow up, and you look like a stalker.  Not enough and you run the risk they may forget you.  A polite email two weeks after the interview is appropriate, if you haven’t heard back from them.  You can inquire about the status of the position and that you are still interested and available.  After a month with no word, you should not give up–employers are busy with their caseloads and they may still be interviewing.

**Follow Up after an Informational Meeting:     This is different than an interview as you met with someone for advice and guidance, not to ask them for a job.  But, in this instance, you never know who may have a job opening later, or may recommend you to others, so it is crucial to follow up and stay in touch.  Firstly, it is important to send a thank you note right away, not unlike after an interview.  Then, perhaps monthly, you can check in with the attorney with any news you may have (an award, graduation, great bar results) or a link about a subject that may be of interest to them.  It never hurts to remind people that you are looking for a job.

The post After the Interview. . . appeared first on Private Practice.

The post Last Minute Summer Opportunity in Baltimore, MD appeared first on Alternative Careers.

The issue is whether Defendants, Omnicare, Incorporated, its officers, and directors, made material misstatements and/or omissions to Plaintiff investors. The investors bought Omnicare securities in connection with a December 2005 public stock offering.

Relief may be sought under § 11 of the Securities Act of 1933, which provides a remedy for investors who have acquired securities under a registration statement that was materially misleading or omitted material information. Furthermore, it imposes liability on issuers and signers of registration statements containing untrue statements or omissions of material fact.

Here, Plaintiffs allege that Omnicare’s Registration Statement stated that Omnicare’s therapeutic interchanges were meant to provide patients with more efficacious and/or safer drugs than those presently being prescribed and that its contracts with drug companies were “legally and economically valid arrangements that bring value to the healthcare system and patients that we serve.” Plaintiffs argue that these representations were material, untrue and misleading because they effectively concealed Omnicare’s illegal activities from its investors.

Omnicare argues that liability only exists to the extent that the statement was both objectively false and disbelieved by the defendant at the time it was expressed. Furthermore, Omnicare argues that Plaintiff’s failed to state a claim and moved to dismiss the complaint because Plaintiff’s did not adequately plead any allegations that Omnicare knew that the legal compliance statements were false when made.

The court held that the plaintiffs had not adequately pleaded knowledge of wrongdoing.

The post Investors Lose Claim For Misleading Registration Statements Against Omnicare appeared first on Coastal Updates on Regulatory Affairs and Business.

FLORIDA COASTAL IS NOW ACCEPTING APPLICATIONS

FROM SECOND AND THIRD YEAR LAW STUDENTS FOR PARTICIPATION IN THE

CHESTER BEDELL, THE E. Robert Williams (Workers Compensation) and The Robert M. Foster (Nassau County) Inn of Court.

THIS IS A GREAT OPPORTUNITY TO GET TO KNOW POTENTIAL EMPLOYERS IN THE JACKSONVILLE AREA AND TO INCREASE YOUR KNOWLEDGE OF LITIGATION. 

DUE DATE: Applications must be submitted through Symplicity by May 28, 2013

THE AMERICAN INNS OF COURT

The American Inns of Court is a national, prestigious society comprised of some of the foremost judges and trial lawyers in the United States. The American Inns of Court is an association of now more than 300 inns throughout the nation. The Inns of Court, inspired by the methodology developed by English Jurists and Barristers, have been established in the United States as elite collegial bodies whose membership is shared by judges, practitioners and law students. The purpose of the Inns is to further the traditions of learning by example, through discussion, and through social interaction among judges, senior barristers and students. The Inns of the English Bar have created a high regard for fearless advocacy and legal scholarship, a respect for the law and its institutions, and a respect for one’s colleagues at the bar. It is these qualities of the English Inns that the American Inns of Court seek to capture.

In 1977, a number of American Lawyers and judges spent some weeks in England observing the English Inns of Court and the English legal system. From their observations, they determined that many of the goals of the American Legal System might be promoted by adapting the English Inns of Court system to American practice. This group included Judge J. Clifford Wallace of the Ninth Circuit , Rex E. Lee, then Dean of the law school at Brigham Young University and later Solicitor General of the United States, and was encouraged from the outset by the Chief Justice of the United States. The first Inn was established in 1980 in Provo, Utah. Since that time, over three hundred additional Inns have been established.

Each Inn of Court is comprised of three levels of participation, “Masters of the Bench” who are noted and accomplished judges and trial lawyers, “Barristers” who are attorneys practicing for less than ten years and “Pupils,” law students invited to participate in Inn activities and to share both the educational and social experience of the Inn. The “Benchers” of the Chester Bedell Inn of Court, for example, currently include two sitting Federal Judges, State Appellate and trial judges, two members of the Board of Governors of the Florida Bar as well as the President elect, three past Presidents and past chairmen of the Trial Lawyers` Section of the Florida Bar. In a word, the Benchers include some of the most prestigious and accomplished lawyers in the northeastern part of the state. Barristers are drawn from persons recognized to be superior trial lawyers, although they may not have had the extensive experience of the Benchers. Students are selected from the student bodies of various colleges of law, including Florida Coastal School of Law, by specific invitation of the Masters of the Bench of the Inn.

The Inns meet from six to eight times a year. Each of the regular meetings consist of a dinner with all members of the Inn present followed by an educational component, at which the members of the Inn demonstrate and discuss issues, techniques, problems and ethics of trial advocacy. Students who are invited to participate in the Inn are included as an integral part of all Inn activities. They are expected to attend all Inn meetings during the year, to meet with a select number of Benchers and Barristers in “pupillage groups,” and to take an active part in the meetings and social events of the Inn. Students are selected by members of the Inn on the basis of applications submitted to the Inn describing each student’s interest in litigation and the system of advocacy in the United States.

For those students selected to participate in the Inn of Court, the benefits are great. These students will have the opportunity to work with and to observe the most outstanding trial lawyers and judges in the State and Federal courts; they will have the opportunity to meet and come to know on a personal basis the leaders of the Bench and the Bar in the State of Florida, and they will have the opportunity to learn trial techniques and skills from true masters of their craft. Selected students should have an expressed and, preferably, demonstrated interest in litigation, and must be willing to commit him/herself to attending the meetings of the Inns of Court during the year.  The dues associated with Chester Bedell Inn of Court membership are paid for by Florida Coastal School of Law.

The post Inns of Court–Application due Today, May 28 appeared first on Private Practice.

“Summer in the Capital” Fall Preview Event

The purpose of this event is to bring together legal employers and rising second-year law students (with an expected graduation date of May 2015) who contribute to the diversity of the legal profession and are interested in practicing law in the Washington, DC metropolitan area.  This will be a great opportunity for employers and students to network before the start of the fall recruitment season. Employers who are not a member of WALRAA are welcome to register.

• Date: Monday, June 17, 2013
• Time: 6:00 pm to 8:00 pm
• Location: Ritz Carlton Hotel, 1150 22^nd Street, NW

Interested employers should register using the following link:http://www.surveymonkey.com/s/QPFX7PB
Interested students should register using the following link:http://www.surveymonkey.com/s/92GGD33 

*All employer registrations and student RSVPs must be received by Monday, June 3, 2013.  A confirmation email with additional details will be sent in advance of the event.

For more information on the “Summer in the Capital” event, please contact our WALRAA Diversity Committee Co-Chairs at walraadiversity@gmail.com.  Additional contact information can be found on our Committees page.

The post WALRAA- Summer in the Capital ~ Fall Preview appeared first on Dimensions of Diversity.