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Ellen Podgor addresses Supreme Court push back against public corruption prosecutions

By Richard Wolf
USA Today
Jan. 13, 2020

Professor Ellen S. Podgor
Professor Ellen Podgor

Excerpt

What’s clearer is the [Supreme] court’s impatience with federal and state prosecutors, even in cases of political corruption. 

Four years ago, the court vacated the conviction of former Virginia governor Bob McDonnell, who had been sentenced to two years in prison for accepting luxury gifts and loans from a wealthy businessman in exchange for “official acts.” The justices ruled unanimously that those acts were commonplace actions taken on behalf of constituents.

The ruling made it harder for prosecutors to use federal fraud statutes against public officials by characterizing what the justices called common favors as crimes. That could work against the Trump administration in the New Jersey case.

“A good number of the recent cases are examples of where prosecutors stretched the law,” says Ellen Podgor, a white-collar crime research professor at Stetson University College of Law.

The complete article was originally published on the USA Today website on Jan. 13, 2020, with the headline, “Supreme Court’s war on prosecutors meets ‘Bridgegate’.”

Professor Ciara Torres-Spelliscy weighs in as expert for Vox poll

By Sean Illing
Vox
Nov. 15, 2019

Excerpt

Trump has a habit of blasting critics on Twitter. But some observers — including some loyal to the president — said this tweet was, at best, a very bad idea.

But did this tweet really cross a legal line into witness tampering?

I put this question to seven legal experts. Their responses, edited for clarity and length, are below.

Ciara Torres-Spelliscy, law professor, Stetson University College of Law

Ciara Torres-Spelliscy
Professor Ciara Torres-Spelliscy

According to the Department of Justice, intimidation of witnesses testifying before Congress is a crime under 18 U.S.C. § 1515(a)(1). However, in this case it is the president who is allegedly doing the witness intimidation and an OLC opinion (see Indicting a President Is Not Foreclosed: The Complex History – Lawfare) states that a sitting president cannot be indicted.

Just as Trump cannot be indicted for campaign finance crimes while president such as those involving Michael Cohen, he similarly could not be indicted for witness intimidation including his tweets this morning either while he is still in office. But accountability can come in different forms. The House of Representatives could add witness intimidation as a separate article of impeachment. Also, once Trump is an ex-president, federal prosecutors could charge him with witness intimidation if they chose.

The complete article was originally published on the Vox website on Nov. 15, 2019, with the headline, “Did Trump just commit witness tampering? I asked 7 legal experts.”

Professor Kirsten K. Davis publishes piece on lawyer blogging

By Kirsten K. Davis
Appellate Advocacy Blog
Nov. 14, 2019

Excerpt

Kirsten K. Davis
Professor Kirsten K. Davis

In Formal Ethics Opinion No. 480, issued in the Spring of 2018, the American Bar Association Standing Committee on Ethics and Professional Responsibility considered for the first time how a blogging lawyer must treat the confidentiality of client information…

…I’m going to make the case that writing public commentary–whether digital or not–is a unique genre of legal writing.  First, writing public commentary to influence thought and discourse on legal topics is decidedly less client-centered than other, more traditional forms of legal writing.  Writing public commentary is more connected to the lawyer’s role as a “public citizen with a special responsibility for justice” than it is to the lawyer’s role as a representative of clients.  Both of these roles are identified (along with others) in the Preamble to the Model Rules of Professional Conduct (most if not all states have adopted the Preamble’s language). 

The complete blog post was originally published on the Appellate Advocacy Blog website on Nov. 14, 2019, with the headline, ““Digital Public Commentary”: A New Rhetoric for Lawyers?”

Appellate Advocacy Blog highlights work of Professor Stacey-Rae Simcox

By Hillary Reed
Appellate Advocacy Blog
Nov. 11, 2019

Excerpt

Professor Stacey-Rae Simcox

Today is Veterans Day, and a couple of times this weekend I was reminded of the sacrificial service by veterans to our country. First, I spent the weekend in beautiful Gulfport, Florida learning from and connecting with practitioners, judges, and professors at the Reimagining Advocacy Conference hosted by Stetson University. The Keynote Speaker Friday night was Stacey-Rae Simcox, Professor of Law and Director of Stetson University College of Law’s Veterans Law Institute and Veterans Advocacy Clinic. Professor Simcox, a veteran herself, spoke movingly about her work with veterans in Stetson’s Veterans Advocacy Clinic and the need for attorneys to represent veterans in their benefit appeals. 

The complete blog was originally published on the Appellate Advocacy Blog website on Nov. 11, 2019, with the headline, “Advocating For Veterans.”

Professor Peter Lake quoted in The Columbia Spectator

By Gavrielle Jacobovitz
The Columbia Spectator
Nov. 14, 2019

Excerpt

Peter Lake
Professor Peter F. Lake

According to Peter Lake, the chair and director of the Center for Excellence in Higher Education Law and Policy at Stetson, the University is not bound to a system of mandatory reporting for all faculty members by law. “The concept of a responsible employee is a regulatory requirement,” says Lake, who previously served as Stetson’s interim director of Title IX compliance. “So the prime motivation for a lot of schools that have those systems was the government told them to do so.” But this responsible employee can just be one person—a Title IX coordinator—based on current regulations.

The complete article was originally published in The Columbia Spectator on Nov. 14, 2019, with the headline, “Students and Faculty Say Gender-Based Harassment and Discrimination at Columbia is Systemic. Why Are They Turning Away From the System Built to Address It?”

Dean Michèle Alexandre featured in Florida Trend

Magazine profiles local women leaders

By Amy Martinez
Florida Trend
Oct. 25, 2019

Excerpt

As a young girl in Port-au- Prince, Michéle Alexandre experienced income inequality firsthand. “In Haiti, it’s 0.001% rich, and everyone else is struggling,” she says. Her working-class parents, who had migrated to Port-au-Prince from the countryside, emphasized education and studying hard. “My mom had a favorite saying: ‘Life doesn’t owe you anything.’ The reality in Haiti is it was cutthroat.”

At 11, Alexandre earned a scholarship to one of the city’s top Catholic schools — “We read Voltaire and studied Latin” — which set her up for later success at Colgate University, where in 1996 she was the first black valedictorian, and then as a law student at Harvard. Last summer, she became the first black dean at Stetson University College of Law.

This article was originally published in Florida Trend on Oct. 25, 2019, with the headline, “11 Florida women in leadership roles.”

NFBPA honors Dean Alexandre for her service

NFBPA honors local African American public administrators

By Karin Davis-Thompson
The Weekly Challenger
Nov. 8, 2019

dean michele alexandre
Dean Michèle Alexandre

Excerpt

The Tampa Bay Chapter of the National Forum for Black Public Administrators (NFBPA) paid tribute to several members of the community for their commitment to public service during a recognition ceremony held at the St. Petersburg Police Department headquarters. Among those recognized was Stetson Law Dean Michèle Alexandre.

NFBPA is a national organization composed of public administrators from various organizations, including local government, public commissions, private businesses and academic institutions. The group provides professional development and works to provide a network for African Americans serving in public administration and lobby for an increase in minorities in the field.

This article was originally published on The Weekly Challenger website on Nov. 8, 2019, with the headline, “NFBPA honors local African American public administrators.”

Law Professor Ciara Torres-Spelliscy quoted on Bloomberg Government on foreign involvement in elections

Trump Ukraine Fracas Echoes Nixon, Clinton Campaign-Law Scandals

By Kenneth P. Doyle
Bloomberg Government
Nov. 7, 2019

Excerpt

Ciara Torres-Spelliscy
Ciara Torres-Spelliscy

What’s different now is that the episode at the heart of the probe involves not money but something that could be just as valuable–a foreign government investigation of a political rival, according to Ciara Torres-Spelliscy, a law professor at Stetson University, who’s studied the history of campaign finance law.

“It is beyond the pale,” Torres-Spelliscy said, to make the request Trump did in a phone call to Zelenskiy. The House clearly could determine this was an illegal solicitation of something valuable to the president as a candidate for re-election, she said, but lawmakers wouldn’t be able to point to a specific precedent.

Torres-Spelliscy has written that articles of impeachment drafted against [President Richard] Nixon but never voted on due to his resignation in 1974 included alleged campaign-finance violations.

This article was originally published on the Bloomberg Government website on Nov. 7, 2019, with the headline, “Trump Ukraine Fracas Echoes Nixon, Clinton Campaign-Law Scandals.”

Luz Nagle talks female inequality with university audience

University News
Universidad de La Laguna
Nov. 27, 2019

Exerpt

Professor Luz Nagle.
Professor Luz Nagle.

Dr. Luz Estrella Nagle conducted a historical review of the role of women and the different roles she has been occupying. 

“Women have been considered for centuries object and property. [S]he has suffered discrimination and a continuous violation of human rights. In addition, it has endured physical, sexual and psychological damage due to the simple fact of being a woman, ” [s]he said.

The complete article was originally published on the Universidad de La Laguna website on Nov. 27, 2019, with the headline, “Professor ‘Fulbright’ Luz Nagle advocates a structural change to fight against female inequality.” The website content was translated from Spanish using Google Translate.