Archive for 'Faculty News'

Senior Associate Dean Michelle D. Mason served as the keynote speaker at the 2012 National Achievers Society Induction Ceremony on Oct. 20, 2012 at the FIU Biscayne Bay Campus. The event, sponsored by the South Florida Center of Excellence at Florida International University, inducted 16 local students into The National Achievers Society (NAS).

Nationally, the Centers of Excellence have inducted more than 19,000 students into NAS since 1986 and induct approximately 300 new students each year.

NAS was established with the purpose of encouraging students in kindergarten through grade 12 to excel both academically and culturally.  By focusing on the importance of higher education and group accomplishments, NAS has enjoyed success in helping  students develop a sense of pride that has turned learners into leaders.

“A variety of role models and mentors made a significant difference for me growing up.  I feel privileged to be seen as having a perspective that could possibly assist another child as she charts her own educational journey,” said Mason.

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In the following op-ed that appeared in the October 23, 2012, edition of the Wall Street Journal, FIU Law Professor Elizabeth Price Foley makes the case that the presidential debates have failed to address an important issue: federalism.

Plenty of Debates, Not Much About States

Democrats regard federalism as quaint, Republicans at least pay lip service to it.

by David B. Rivkin Jr. and Elizabeth Price Foley

In the presidential debates, Barack Obama and Mitt Romney ranged across dozens of topics, but an important one didn’t come up: federalism. And no wonder.

The idea that the Constitution grants only limited and enumerated powers and leaves the remainder to the states is foreign to those who believe that the national government should or even could address voters’ every concern. But contrary to the view widely shared by the political class, Washington—in particular, Congress—does not have the power to pass any law it wants in the name of the “general welfare.”

Politicians should take heed. Voters are increasingly focused on the proper role of government in society: Witness the rise of the tea party and unease over the massive debt caused by entitlements and other government handouts. The continuing loud objection to ObamaCare’s takeover of health care shows that voters want to preserve the Constitution’s architecture of limited federal power.

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The Spain-Florida Foundation 500 Years brought together leading Latin American legal experts, diplomats and the former heads of government of Uruguay, Spain and El Salvador to discuss the impact and legacy of the Constitution of Cadiz.  The two-day conference, hosted by the FIU College of Law, was titled “Homage to the Bicentenary of the 1812 Cadiz Constitution” and started on Oct. 18, 2012.

Matthew C. Mirow, Associate Dean of International & Graduate Studies and Professor of Law, served as a panelists on a discussion on the historical aspects of the Constitution of Cadiz. In his presentation, Mirow addressed the promulgation of the Constitution of Cadiz in Florida.

“This Constitution governed Spanish Florida from 1812 to 1815 and then again from 1820 until 1821 when Spain turned Florida over to the United States,” said Mirow.  “Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this Constitution.”

The basis for this talk has just been published by Mirow in 24 Florida Journal of International Law 1-60 (2012).

Photo as seen on The Atlantic.com

In Defense of Baseball’s Infield Fly Rule

By Howard Wasserman

Baseball’s Infield Fly Rule has sparked more legal fascination than any other rule in sports. It returned to the national spotlight this past week when an unusual and controversial infield fly call in last Friday’s National League Wild Card game between the St. Louis Cardinals and Atlanta Braves short-circuited a potential Braves rally in a game the Braves ultimately lost. Opinion has been divided on the correctness of the call.

But beyond criticism of this specific call, some fans on Twitter and in web forums expressed a deeper distaste for the Infield Fly Rule itself, questioning whether it is necessary, wise, or warranted. They’re misguided: The rule is part of the sport’s fabric, uniquely warranted for a situation that’s unique to baseball.

There’s no other situation in baseball when the fielding team will be better off by not catching a fair ball than by catching it.

Here’s how the Infield Fly Rule works. When a team has runners on first and second or the bases loaded with less than two out and the batter hits a pop-fly ball (but not a line drive) in fair territory that can be easily caught by an infielder (under the rule, can be caught with “ordinary effort”), the batter is called out, regardless of whether the fielder catches the ball; if the ball drops and remains fair, it is in play and the runners can try to advance at their own risk. The rule is designed to remove the incentive for a fielder to deliberately drop an easily handled ball on the infield, which likely would allow him to turn a double play on the two base runners (and perhaps, although less likely, a triple play). It took its more-or-less current form in 1901, enacted in response to infielders actually doing this, a bit of trickery that was deemed not “sporting” at the time.

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Professor Matthew Mirow will complete a three-year term on the Southern Cone Regional Review Panel of the Council for International Exchange of Scholars, Washington, DC, this year. The Council administers the award of Fulbright U.S. Visiting Scholars, commonly referred to as Fulbright Professors, for the U.S. Department of State and the Fulbright Board.

The Fulbright is recognized as the United States’ premiere academic exchange program.  Over the past three years, Mirow has reviewed hundreds of applications by university professors seeking to teach or to do research in the countries comprising the Southern Cone, Argentina, Chile, Uruguay, and Paraguay.

Mirow, who had a Fulbright to Chile in 2009, said, “It is a great deal of fun to read and discuss applications from professors around the U.S. in all sorts of fields.  The Fulbright not only changes the lives of these professors but also touches so many students and professors in the host universities.  I have no doubt that the Fulbright program is tax money well spent.   It has really been an honor to have played a small part in the Fulbright process.”

In a recent article, FIU Law Professor Thomas Baker is quoted on why the Supreme Court’s fall session begins without any direct First Amendment cases. He states the dearth of First Amendment cases could mean that the justices “are turning in other directions after having decided some important speech and religion cases the last couple of years. The idea is that they decide some big cases, like the ministerial-exemption case and then back away to allow the lower courts to work out the details.”

With over three decades of law teaching experience, Professor Baker is a nationally-recognized constitutionalist who has received numerous awards for his teaching, including the first-ever Pioneer Award for his commitment and dedication to students from the FIU Student Bar Association in 2004. Professor Baker publishes commentaries and is frequently quoted in the national media as an expert in constitutional law and the federal courts.

High court spotlight misses First Amendment

By Tony Mauro

The Supreme Court’s fall session begins without any direct First Amendment cases on the argument docket, signaling a possible respite from free-speech and religion cases for the near-to-middle future.

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Professor George Knox will deliver a lecture at the next S.T.E.P.P. event on Friday, September 28, 2012. His talk, titled “The Thrill of Sharing: How the Power of Sharing Can Fulfill Your Life,” will begin at noon in Graham Center – 140 at the FIU Modesto A. Maidique Campus.

“The focus of my talk is that sharing is an inherent human trait; it comes naturally and is hard to resist. It makes us feel good, and it enriches us,” said Knox.

The event is part of the “Striving to Enhance Personal Performance” initiative designed by Florida International University to help employees excel personally and professionally. The initiative is designed to provide the tools and motivation that stimulate personal and professional growth and development.

As a force of social change, Mr. Knox’s career and personal endeavors have been marked by empathy, compassion and the gift of sharing to make an incredible difference in the lives of so many.

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With Chief Judge Federico A. Moreno administering the oath, Trial Advocacy Adjunct Professor Bernardo (“Bernie”) Pastor was sworn in as the 53rd President of the South Florida Chapter of the Federal Bar Association.

Consisting of more than 15,000 federal lawyers — including 1,200 federal judges — the Federal Bar Association works to strengthen the federal legal system by promoting the sound administration of justice and the integrity, quality, and independence of our judiciary on behalf of the public they serve.

Professor Pastor has taught Trial Advocacy at FIU Law since 2007 and recently received a five (5)-year teaching award. A graduate of Temple University School of Law, Professor Pastor is a former judicial clerk, federal prosecutor, and associate at Holland & Knight and White & Case. He currently serves as an Assistant County Attorney for the Miami-Dade County Attorney’s Office.

“I am truly honored to have the opportunity to serve as the president of the FBA’s South Florida Chapter, and feel especially privileged to carry on the tremendous work of our outgoing president, Brett Barfield, who has worked tirelessly for our organization over the past two years, leading us to incredible growth,” said Pastor.

At its annual meeting, the Executive Council of the Criminal Law Section of The Florida Bar selected Professor H. Scott Fingerhut to serve as chair for 2012-2013.

A former chair of The Bar’s Criminal Procedure Rules Committee, Professor Fingerhut will now lead more than 2,000 prosecutors, public and private defenders, judges, and academics as they strive to improve the manner in which criminal justice is dispensed across the state.

Founded in 1976, the Criminal Law Section provides an open forum to all who share a passion for the fair administration of the law and whose mission focuses on advocating to and for lawyer, law-student, and the public alike on ways in which our court system can improve, including support of the recent recommendations made by the Florida Innocence Commission.  Among its many responsibilities, the Criminal Law Section advises the Florida Supreme Court and the Florida Legislature on proposed substantive and procedural changes in the law as well as sponsors numerous continuing legal education programs throughout the state.

Professor Fingerhut has been with FIU since 2000.  He teaches trial advocacy, pretrial practice, and criminal procedure, coaches the trial team, and this year oversees the criminal law externship program.

In a recent interview with NBC6 Miami, FIU Law Professor Jose Gabilondo discusses the $16 trillion national debt, and explains the difference between our country’s debt and personal debt.

Professor Gabilondo teaches tax and corporate finance at FIU Law and his scholarship focuses on debt markets. He is a nationally recognized commentator in the Spanish-language media on financial and economic matters and has worked in financial market regulation at the U.S. Department of the Treasury, the U.S. Securities and Exchange Commission, the Office of the Comptroller of the Currency, and the World Bank.

South Florida Professor Explains $16 Trillion Debt

By Gilma Avalos

$16,000,000,000,000. That is the number that would appear on the United State’s theoretical credit card statement.

Although the analogy is often made, our country’s debt is not similar to our personal debt, according to Jose Gabilondo, an associate professor of law at Florida International University.

“I can’t borrow indefinitely, you can’t, but the government can. In a way, it’s not the number that matters,” said Gabilondo. “What matters is can you make your monthly payment? And are your creditors still lending to you? The answer for our country, is yes.”

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