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Foreman Biodiversity Lecture: Planning for sea level rise

By Taylor Allyn

Dr. Jason Evans spoke on Nov. 5, 2019, as part of the Foreman Biodiversity Lecture series. Evans is an associate professor of Environmental Science and Studies and the interim director of the Institute for Water and Environmental Resilience at Stetson University in Deland. His recent research focuses on sea level rise vulnerability assessments and adaptation planning for coastal communities throughout the Southeast.

Evans kicked off his lecture with an explanation of some of the data behind sea level rise. In Key West, the sea level has risen 9 inches in the past 100 years. In Ft. Myers, it’s risen 12 inches in the past 100 years. Sea levels rise as the climate warms, resulting in warmer water that expands in volume. Melting ice also contributes, providing more water mass and volume. However, the sea level is not rising equally everywhere: It’s rising in many areas but falling in others because of rebounds from the weight of ice sheets as they melt.

Stark examples of saltwater flooding as a result of sea level rise have occurred in the Southeast.

“This last October there was flooding in certain areas [of the Florida Keys] for 45 straight days – where even at low tide there was still saltwater on the roads,” Evans said.

In 2015, Tybee Island, Georgia, had the fourth highest tide on record and the only road on or off the island became completely impassable. Saltwater flooding is not only harmful to vehicles and homes but presents a public safety issue when main roads are obstructed. We have experienced the fastest rate of sea level rise in 8,000 years – 8 inches over the past 100 years, Evans said. Climate projections predict a maximum of 10 feet of sea level rise by 2100. More conservative predictions expect an average of 2-3 feet by 2100. According to Evans, because the Earth has a naturally unstable climate, exact predictions are difficult.

“When it starts flooding, there is water coming out of a storm drain [and] the streets are flooding, who are you going to call? You are going to call the mayor, you are going to call city council, and those people are going to have to deal with it and figure out what to do.”

Dr. Jason Evans explains that climate projections predict a maximum of 10 feet of sea level rise by 2100. More conservative predictions expect an average of 2-3 feet by 2100.

Evans stressed the role of local governments in sea level rise adaption and planning, because there is no national or even statewide policy capable of addressing this problem. He then introduced an analogy of a garden shed versus a nuclear power plant. With a garden shed in your backyard, you don’t really need to plan for sea level rise. A shed is cheap and will likely be gone by 2100. With a nuclear power plant, the stakes are much higher. There is zero tolerance for a plant failure, and it needs to be resilient to even the slightest risks. In that case, you need to plan for the worst.

Sea level impacts on the built environment start with stormwater drainage and wastewater infiltration, Evans explained. When the sea level rises, saltwater enters stormwater drainage systems and forms a plug. When it rains, fresh water cannot drain and just comes back up. For this reason, stormwater mapping is immensely important.

Evans worked to map high tide and flooding scenarios for St. Marys, Georgia, and the city later implemented green infrastructure stormwater improvements to address potential issues. Evans calls improvements like these “duct tape adaptation.” They are temporary fixes and won’t help much if the sea level rises 6 feet, but they can help avoid flooding in the meantime.

Students ask questions during the Foreman Biodiversity Lecture.

Evans wrapped up his lecture with a discussion of flood insurance and the Community Rating System (CRS), which is a voluntary incentive program for local governments to address climate change and sea level rise. By participating in the program and addressing sea level rise in their area, governments can receive a discount on flood insurance. Monroe County, Fla., was the first jurisdiction in the country to use sea level assessments to get a CRS discount. Programs like this can heighten the importance of sea level rise planning and risk assessment when larger policies are nonexistent or insufficient. Once the science behind sea level rise is accepted and governments start to address these risks, statewide and nationwide planning can begin.

About the Foreman Biodiversity Lecture Series

Stetson Law’s Institute for Biodiversity Law and Policy serves as an interdisciplinary focal point for education, research and service activities related to global, regional and local biodiversity issues. The Foreman Biodiversity Lecture Series brings to campus numerous experts in environmental law and environmental science. You can view Evans’s complete lecture on the Stetson Law YouTube channel.

Stetson Law hosted international meeting on sea turtle conservation

picture of Inter-American Convention for the Protection and Conservation of Sea Turtles attendees — Stetson University College of Law hosted the Inter-American Convention for the Protection and Conservation of Sea Turtles meeting of the Scientific Committee in September.

By Molly Kaelin

Stetson College of Law had the honor of hosting the most recent meeting of the Scientific Committee of the Inter-American Convention for the Protection and Conservation of Sea Turtles (IAC) in September.

The IAC is an international treaty that seeks to create balance between national interests, regional customs, and international sea turtle conservation efforts. It was created in 1994 by a group of coastal nations from North, Central, and South America to reduce regional sea turtle threats. Under the treaty, member states have a legal framework within which to act on behalf of sea turtle populations. Today the IAC has 16 member states comprising Argentina, Belize, Brazil, Chile, Costa Rica, The Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, The Netherlands, Panama, Peru, the United States, Uruguay, and Venezuela.

The IAC uses data and education – while being mindful of each member state’s environmental, socioeconomic and cultural characteristics – to protect sea turtles and their habitats, as well as help recover turtle populations.

IAC efforts are focused on the entire life cycle of sea turtles. The Treaty forbids the capture of sea turtles, their shells, or their eggs. Restrictions are also placed on human activities that may adversely affect sea turtles during their reproduction, incubation and migration stages.

IAC secretary veronica caceres — IAC Secretary Veronica Caceres speaks at the event.

“Nesting beaches are much easier to protect than open oceans,” said Veronica Caceres, IAC’s secretariat.

A Nicaraguan native, Caceres holds a master’s in fishery and began working with sea turtle conservation in Central America early in her career. One of the conservation techniques she focuses on is the Turtle Exclusion Device, or TED. She explained that the TED is put inside of shrimping nets and prevents accidental sea turtle capture, leading to a reduction in turtle deaths.

Other conservation efforts include restoring and conserving habitats, designating protected areas, supporting research aimed at reproduction, breeding and re-introduction, fostering relationships with governmental institutions, NGOs and the public at large, and reducing the impact of fishing on sea turtle populations.

Film examines tension between humans and wildlife

As part of the three-day meeting, IAC played the film, “Cacu: Un Cambio por la Vida” (Cacu: A Change for Life) by Director/Journalist Marvin Del Cid and Marine Biologist Omar Shamir Reynoso. The film explores the tension between the human need to make a living and the value of protecting the environment. The documentary follows Reynoso as he works with five Santo Domingo fishermen to protect sea turtle nests in Santo Domingo.

Caceres said this tension is one of the key challenges they face in getting communities to participate in conservation efforts. They often get pushback from locals.

“It’s often their livelihood,” she said, referring to egg poaching, “so you have to approach it with the right attitude.”

Caceres makes it a priority to understand community needs and the reasons why sea turtle eggs are poached.

“Only after we understand why, can we think about how to educate and encourage them to change. It is important the community is recognized for their efforts.”

One way to encourage local populations is through finding other avenues of income that depend on a flourishing environment, such as tourism. Sometimes communities can be incentivized for undertaking and closely monitoring conservation efforts. For example, a community may receive funding for new schools or even stipends in exchange for monitoring the sea turtle populations and preventing egg poaching.

IAC members aim to improve turtle mortality rate by increasing the number of communities who monitor sea turtle population trends. They also are focused on mitigating the impact of plastic pollution and climate change on sea turtles.

“As climate change worsens, beach sand becomes hotter. This means the incubation temperature becomes greater and, since incubation temperature determines the sex of the turtles, more female turtles will be born,” Caceres explained, “without males, sea turtle species will not survive.”

The organization also wants to add more signatories to the treaty, including El Salvador, Columbia, and Canada.

Stetson’s role creates opportunity for students

Stetson College of Law is an Accredited Observer of the IAC, meaning Stetson representatives have the privilege of observing and hosting IAC meetings. Other accredited observers include NGOs and scientific institutions.

Stetson Law Dean Michèle Alexandre and Professor Royal Gardner welcomed attendees.

(more…)

Lawyers Without Rights on display in Law Library

Exhibit portrays persecution of Jewish lawyers and judges during Nazi era

Lawyers without rights exhibit display title — “Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich” exhibit is on display at the Dolly and Homer Hand Law Library.

The highly acclaimed international exhibit, “Lawyers Without Rights: Jewish Lawyers in Germany under the Third Reich,” will be available for viewing in the Dolly and Homer Hand Law Library at Stetson University College of Law throughout the month of November.

The exhibit is sponsored by Jewish Law Students Association (JLSA) at Stetson Law in conjunction with the American Bar Association and German Federal Bar. It has been shown in more than 100 cities in Germany, the United States, and other parts of the world.

The concept was conceived in 1998 when an Israeli lawyer asked the regional bar of Berlin for a list of Jewish Lawyers whose licenses had been revoked by the Nazi regime.

“The regional bar decided not only to research a list of names but also to try to find out more about the fates behind all those names,” said Axel Filges, past president of the German Federal Bar. “Some were able to leave the country after the Nazis came into power, but very many of them were incarcerated or murdered. The non-Jewish German lawyers of those days remained silent. They failed miserably, and so did the lawyers’ organizations. We do not know why.”

After the Berlin bar transformed its research into an exhibit, other regional bars began asking whether they could show it and add their own research.

“So, like a puzzle, a portrait of the fate of Jewish lawyers in Germany has emerged step by step,” Filges said.

The exhibit is spread throughout the first, second and third floors of the library and is available to the public during regular library hours. However, members of the public should call ahead for times to view, as the library will be closed for Veterans Day and during the Thanksgiving holiday.

Law Library location and phone:

1401 61st St S, Gulfport, FL 33707

727-562-7820

Law Library hours:

Monday through Thursday, 7 a.m. to 7 p.m.

Friday, 7 a.m. to 5 p.m.

Saturday and Sunday, 10 a.m. to 5 p.m.

Christopher F. Roellke Elected 10th President of Stetson University

president elect christopher roellke — President-elect Christopher F. Roellke

Roellke to visit campuses in November

DELAND, Fla. — On Wednesday, Oct. 30, 2019, the Stetson University Board of Trustees announced it had elected Christopher F. Roellke, PhD, currently Dean of the College Emeritus and Professor of Education at Vassar College, to become the 10th president of Stetson University, effective July 1, 2020.

Roellke is widely regarded as an exceptionally effective and collaborative higher education leader who is past president for the Association of Education Finance and Policy, a 2014 Fulbright Scholar and the founder and fundraiser of Vassar College’s Urban Education Initiative.

Roellke will succeed Wendy B. Libby, PhD, who has served as Stetson University’s president since July 2009. Libby announced her retirement in February 2019 and will continue her position until June 30, 2020.

“The Board of Trustees has unanimously elected Dr. Roellke to lead Stetson into the future as our university’s 10^th president,” said Joe Cooper, chair. “The board’s presidential search framework and process brought forth many highly qualified candidates, and we thank them all. Dr. Roellke is bringing an outstanding record of energetic leadership in higher education and a deep understanding of the challenges and opportunities Stetson University faces. The board is thrilled to welcome him as president-elect.”

“It is the greatest honor and privilege of my professional life to be selected as Stetson University’s 10th president,” said Roellke. “For nearly a century and a half, Stetson has been widely admired for its deep commitment to the traditions of liberal learning and globally engaged citizenship. My family and I are eager to immerse ourselves in this wonderful community of lifelong learners. Moving forward collaboratively with all of Stetson’s constituents, we are committed to preserving and enhancing this extraordinary form of education for generations to come.”

A graduate of Cornell University and Wesleyan University, Roellke has served three presidents at Vassar College. As Dean of the College, he was one of three tenured faculty members on the President’s Senior Leadership Team and oversaw the Dean of Studies, Dean of Students, Campus Life and Diversity, Career Development, portions of Equal Opportunity/Affirmative Action/Title IX, Accessibility and Educational Opportunity, Safety and Security, and Campus Activities.

He has worked with senior leadership and the Vassar community in the development of its strategic budgeting priorities and oversaw international partnerships and exchanges, including Vassar’s junior year abroad programs in Europe, Russia and Costa Rica. An American Council on Education Fellow, Roellke has also served as a visiting scholar at Yale Law School conducting research on school finance litigation. He has an upcoming book, the fourth in a co-edited series on research in education fiscal policy and practice with co-editor Jennifer King Rice, dean of the School of Education at the University of Maryland. The latest volume is focused on fiscal issues in American higher education and is due to be released in 2020.

“This is a wonderful appointment; Professor Roellke has tremendous skills and experience to take Stetson University to the next level, and we will miss him dearly here at Vassar. Our loss is Stetson’s gain,” said Elizabeth Howe Bradley, PhD, Vassar College President.

“Chris is an experienced educator who is ready to lead during these challenging times,” said Catherine Bond Hill, who was Vassar president, 2006-2017. “He is liked and respected, insightful and caring, and I really valued having him as part of my senior team. Chris has tremendous energy and great optimism for the future of American higher education. I am pleased for both Chris and for Stetson University.”

Roellke’s election by the Board of Trustees follows an extensive presidential search that drew a large and competitive group of candidates. The process began with community forums that allowed the committee to hear from students, faculty, staff, alumni, trustees and friends of the university about the qualities they were looking for in Stetson’s 10^th president as well as the challenges and opportunities they see before Stetson in the coming years. The committee’s work, which included several exhaustive interviews with top candidates, spanned several months and, near the end of the process, various constituent groups met confidentially with final candidates on campus in formal and informal settings. Members of these broadly representative constituent groups then provided feedback to the search committee, which in turn fulfilled its charge to recommend the candidate best qualified to lead, inspire and shape the future of Stetson University.

“Chris is notable because of his passion and dedication to teaching and students,” said Maureen Breakiron-Evans, Board of Trustees chair-elect. “He is very student-oriented and authentic with a commitment to building and enhancing academic environments to foster deep faculty-student connections and community engagement. I look forward to working with him and the university during this transition.”

A dedicated fundraiser, Roellke has secured donations for major Vassar campus life and renovation projects, career development and local community outreach programs. He directly oversaw several major campus life construction and renovation projects including the $8 million renewal of the central dining facility to better serve the needs of students and faculty. He has successfully solicited grants from the Dyson Foundation, Mellon Foundation, Arthur Vining Davis Foundation, and Metropolitan Life and Economic Policy Institute, and helped to create outreach and support for alumni and parents.

Roellke’s wife, Kim, is a veterinarian and they have three daughters, Emma, Julia and Olivia. President-elect Roellke and his wife will be introduced to the Stetson communities during welcome ceremonies in both DeLand and Gulfport later next month.

For more information

For additional details about President-elect Roellke, the search process and other details, visit Stetson University’s website. Members of the media can find the official press kit in the online Newsroom or contact Janie Graziani, Assistant Vice President for Marketing Communications for Stetson University.

Janie Graziani
P: 386-822-7214
C: 386-717-5836
[email protected]

Stetson Law celebrates 3 new inductees to Hall of Fame

Stetson University College of Law inducted Susan S. Demers, the Honorable Michelle T. Morley, and Thomas “Tommy” D. Roebig Jr. into its prestigious Hall of Fame on Oct. 26, 2019.

Susan S. Demers

susan demers — Stetson Law Dean Michèle Alexandre, Hall of Fame inductee Susan S. Demers, and Stetson University Executive Vice President and Provost Noel Painter.

Susan S. Demers is a 1971 graduate of Stetson University with a bachelor’s degree in Speech and Theatre and a Juris Doctor from the University of Florida College of Law. Since 1982, she has served as the Dean of St. Petersburg College’s ABA-approved Paralegal Studies Program and taught a variety of law-related classes. She is currently the Dean of the College of Policy Ethics and Legal Studies at SPC, and one of her most important endeavors is the Civic Engagement Project designed to develop more informed citizens. She also oversees the four-year program in Public Policy and Administration.

In addition to her work at SPC, Demers has served as an adjunct professor of Trial Advocacy and Technology at Stetson University College of Law. She devotes time as a consultant and coach for Stetson’s competitive trial teams. In 2009 she, along with husband David Demers and Professors Roberta Flowers and Lee Coppock, coached the trial team that won the prestigious American Association of Justice competition. They also coached three Chester Bedell Competition teams, two of which won the championship.

In 2008, Demers was honored with Stetson Law’s Distinguished Service Award, which was created for non-alumni who devote their time, integrity and scholarship to make Stetson Law the outstanding legal institution that it is today.

She is a past president of the Clearwater Bar Association and served on the board of directors of the Clearwater Bar Foundation. Three times she earned the CBA President’s Award, which honors exceptional service to the public and the legal profession. She is active with the People’s Law School, an 18-week program that teaches members of the public about different areas of the law.

Demers is on the board of the St. Petersburg City Theatre and helped spearhead the 2017 effort to save the company when it began to struggle financially. She and her two granddaughters continue to perform in Florida’s longest continually operating community theater.

The Hon. Michelle T. Morley

michelle morley hall of fame — From left: Stetson Law Dean Michèle Alexandre, Hall of Fame inductee Michelle T. Morley, and Stetson University Executive Vice President and Provost Noel Painter.

Michelle T. Morley is a 1986 graduate of Stetson University College of Law. She spent several years in private practice before being elected to the 5th Judicial Circuit in Florida in 2006.

As a judge, Morley has distinguished herself in Family Law, Child Dependency and Dependency Mediation Training, Guardianship, Domestic Violence, Poverty Law and Economic Diversity Issues, Eldercare Issues, Judicial Ethics, and the future of Equal Justice. She became an Arbitrator for the Florida Attorney General’s Office, resolving “Lemon Law” complaints and joined the Florida Academy of Professional Mediators. She also serves on the Florida Judicial Qualifications Commission.

Morley has always been active in her community, including being a member of or volunteering with the Inverness Rotary Club, the Lake Sumter Community College Advisory Board, the Sumter County Sheriff’s sexual assault response team, The Refuge at Jumper Creek, and the Sumter County Adoption Support Focus Group, among other organizations. She also participated in Leadership Sumter County and was on the board of the Thomas E. Langley Medical Center.

Her biggest initiative has been the Eldercaring Coordination project. As a judge, she saw many cases where an elderly person was losing the capacity to care or make decisions for him or herself, and the person’s family began fighting about what to do. They would take their disputes to court, forcing judges to micromanage delicate situations best left to families.

In 2013, she and co-chair Linda Fieldstone brought together a taskforce of 20 state-wide agencies (including Stetson’s Center for Excellence in Elder Law) to create the Eldercaring Coordination project. The goal was to train eldercaring coordinators as an alternative dispute resolution option to help families care for their loved ones without the need for micromanagement from the courts. Since 2015, eldercaring coordination has successfully assisted 70 families.

Morley has also taken an active role in mentoring Stetson Law students through on-campus presentations and other teaching opportunities, including serving as a guest faculty member in the Constitutional Law and Civil Rights History travel course.

Thomas “Tommy” D. Roebig Jr.

From left: Stetson Law Dean Michèle Alexandre, Hall of Fame inductee Tommy Roebig, and Stetson University Executive Vice President and Provost Noel Painter.

Tommy Roebig is a 1986 graduate of Stetson University College of Law, where he was a member of the National Moot Court Team and a Dana Scholar. He now is partner in the civil litigation law firm Florin Roebig with fellow Stetson alumnus Wil Florin. In 2007, the Stetson Lawyers Association awarded Tommy and Wil its outstanding Alumni Award (Paul May Meritorious Service Award).

Roebig is Board Certified in Civil Trial Law by The Florida Bar and The National Board of Trial Advocacy, as well as Board Certified as a Civil Pretrial Practice Advocate by the National Board of Legal Specialty Certifications. He is a member of the Trial Lawyers for Public Justice Foundation and numerous other associations which promote civil justice.

During his more than 30 years in practice, Roebig has received many accolades, including those from Florida Trend™ Magazine, U.S. News and World Report Best Lawyers in America, Super Lawyers Magazine, and Martindale-Hubbell. In 2007, he was listed as one of “America’s Leading Plaintiff’s Lawyers” by the national legal organization, Lawdragon. Every year since 2009, Roebig was selected by the National Trial Lawyers Association as one of the Top 100 Trial Lawyers in the state of Florida.

Roebig has obtained jury awards of a million dollars or more in both federal and state court trials, including recoveries in the areas of medical malpractice, discrimination and civil rights, liquor liability, product liability, class action, and motor-vehicle negligence. In 2016, Roebig obtained a $42 million jury verdict against Applebee’s and others in a personal injury case that was the largest contested jury verdict in Hernando County history. His successes have led to induction into the “Million Dollar Advocates Forum,” a National organization that recognizes Trial Lawyers who have received jury awards in excess of a million dollars, and he has been named to the “Multi-Million Dollar Advocates Forum” for numerous jury verdicts of multiple millions.

Roebig is a frequently requested lecturer at Stetson University College of Law on the topics of negligence and wrongful death damages. He has often been a requested speaker on trial tactics to numerous legal associations and trial lawyer seminars, including the Florida Justice Association. He has served as an adjunct professor at St. Petersburg College teaching civil law courses.

Tommy Roebig delivers his Hall of Fame award accept speech during the event on Oct. 26.

View more photos and videos from the event

For the past 15 years, Stetson Law has honored distinguished luminaries in the legal and academic arenas at its annual Hall of Fame event. Previous Hall of Fame winners include Charles A. Dana, William R. Eleazer, and Dolly Hand.

Download high-resolution images from this photo gallery of the event on Zenfolio. Watch the individual inductee videos on the Hall of Fame page.

Stetson names distinguished UCLA professor and author new 2019-2020 Culverhouse Chair

professor devon carbado — Professor Devon Carbado

Stetson University College of Law is pleased to announce that Devon Carbado, Professor of Law at UCLA School of Law, will serve as Stetson’s 2019-2020 Culverhouse Chair.

The Culverhouse Chair is named for Hugh F. Culverhouse, a successful tax lawyer and the original owner of the Tampa Bay Buccaneers. He established the chair with the goal of attracting distinguished professors and judges from diverse areas of law to visit Stetson. Professor Carbado joins a prestigious group of previous Culverhouse Chairs that includes E. Allan Farnsworth, Edward D. Ohlbaum, and Stetson’s own Ellen Podgor.

Professor Carbado graduated from Harvard Law School in 1994 and joined the UCLA School of Law faculty in 1997 where he is the Honorable Harry Pregerson Professor of Law. He teaches Constitutional Criminal Procedure, Constitutional Law, Critical Race Theory, and Criminal Adjudication.

“Devon Carbado is an esteemed professor and distinguished author, and we are thrilled to welcome him as Stetson’s newest Culverhouse Chair,” said Stetson University College of Law Dean Michèle Alexandre. “His presence on campus this year will offer enriching experiences for our students, faculty and staff.”

“Devon Carbado is an esteemed professor and distinguished author, and we are thrilled to welcome him as Stetson’s newest Culverhouse Chair,” said Stetson University College of Law Dean Michèle Alexandre. “His presence on campus this year will offer enriching experiences for our students, faculty and staff.”
Dean Michèle Alexandre

Carbado has won numerous teaching awards, including being elected Professor of the Year by the UCLA School of Law classes of 2000 and 2006. He was an inaugural recipient of the Fletcher Foundation Fellowship, which is awarded to scholars whose work furthers the goals of Brown v. Board of Education. In 2018, he was named an inaugural recipient of the Atlantic Philanthropies Fellowship for Racial Equity.

Carbado has devoted much of his career to the examination of race, both in his teachings and works. He writes in the areas of employment discrimination, criminal procedure, implicit bias, constitutional law, and critical race theory. He is the author of Acting White? Rethinking Race in “Post-Racial” America (Oxford University Press) (with Mitu Gulati) and the editor of several volumes, including Race Law Stories (Foundation Press) (with Rachel Moran), among others.

Carbado on campus this November and in spring

During a campus visit Nov. 11-17, 2019, Carbado will meet with Stetson’s Diversity Committee on current and ongoing equality models; deliver an academic presentation to faculty; hold class sessions with both the full-time and part-time students; and deliver a presentation to students and the law school community. In spring 2020, he will teach a two-credit course called, “Critical Race Judgments: Critical Race Theory and Supreme Court Decision making.”

This marks the second time Carbado will visit Stetson. He previously served as a Nicols Lecturer for the College of Law and spoke on racial justice. The Nichols Foundation Prominent Speakers Series was established at Stetson in 1995 in honor of Perry Nichols, a successful national trial lawyer and past president of both the American Trial Lawyers Association and the International Trial Lawyers Association.

“I am excited to return to Stetson. It is a wonderful school with an outstanding student body and faculty, gifted and committed administrators, and an engaged alumni. I am looking forward to the opportunity both to share my research on various dimensions of law and inequality with members of the Stetson community and to learning from their insights and experiences,” said Devon Carbado.

Stetson’s Center for Excellence in Elder Law now hosts WINGS guardianship collaboration

The Center for Excellence in Elder Law at Stetson University College of Law has adopted WINGS, a national guardianship program incubated by Florida’s courts and now transitioning to the state’s acknowledged experts and national leaders in this area of specialization.

WINGS, or Working Interdisciplinary Network of Guardianship Stakeholders, began with a grant awarded to Florida’s Office of the State Courts Administrator from the American Bar Association’s Commission on Law and Aging. The transfer and evolution from startup to mature program allows the continuation of WINGS following the successful completion of the grant.

Stetson University College of Law, a stakeholder in WINGS from its inception in 2017, will coordinate meetings of WINGS, host its website, and manage the work of the program through the Center for Excellence in Elder Law and its faculty, including Professors Rebecca Morgan and Roberta Flowers.

Professor Roberta Flowers co-directs Stetson's elder law center. — Professor Roberta Flowers

Morgan and Flowers created a video series used to train and educate attorneys nationwide on the ethical dilemmas faced by elder law attorneys. They were awarded the Florida Supreme Court Professionalism Award for their video productions. In addition, they designed the nation’s first elder-friendly courtroom. Morgan and Flowers also developed, through WINGS, four e-learning modules to increase judges’ and attorneys’ professional competence and skills related to guardianship and less restrictive options.

There are 4.3 million Floridians aged 65 or older. A quarter of the state’s population is projected to be aged 65 or older by 2030. Increasingly, Floridians seek help from the State Courts System when they or loved ones need their interests protected. Guardianship cases for adults have increased steadily, with more than 7,300 cases to establish guardianship filed in the 2017-18 fiscal year, a 13 percent increase from five years previous.

In its startup phase directed by the courts, WINGS members recommended strategies for boosting the number of physicians serving on examining committees, created an informational guide and toolkit for decision-making options, and developed a tool to help law enforcement officers and first responders identify abuse, neglect, or exploitation.

WINGS stakeholders include representatives from Florida courts, clerks of court, state executive agencies, private organizations, and advocacy groups as well as family guardians and self-advocates. More information about WINGS, the guardianship e-learning modules, and other guardianship resources may be found on the Florida WINGS website, flwings.flcourts.org.

The Community Foundation of Tampa Bay and Stetson University College of Law form new partnership

Image of Judith Scully, Marlene Spalten, Michele Alexandre and Jesse Coraggio. — From left: Professor Judith Scully, Stetson University College of Law; Marlene Spalten, Community Foundation of Tampa Bay President and CEO; Michèle Alexandre, Dean, Stetson University College of Law; and Jesse Coraggio, VP, Community Foundation of Tampa Bay.

The Community Foundation of Tampa Bay and Stetson University College of Law have formed a new partnership to benefit the Tampa Bay area. The two organizations have created the Alliance for Advocacy and Philanthropy, which will align the power of advocacy with the heart of philanthropy. This new alliance reflects both organizations’ longstanding commitment to addressing important issues for an even more vibrant community.

The Alliance for Advocacy and Philanthropy is a collaborative partnership, which makes a strong case for creating positive change through the lens of activism and the spirit of giving. The Alliance is a unique initiative to engage the community and spark deep discussion through:

Connection, by building partnerships and leveraging resources to enhance the common good;
Education, by developing self-advocacy and institutional capacity through access to experts and educational opportunities; and
Collaboration, by providing pathways for members of the community as well as students to become actively involved.

“This partnership is an incredible opportunity for our students and our community,” said Michèle Alexandre, dean of Stetson University College of Law. “Working together, we can empower the next generation of nonprofit and Tampa Bay leaders to become effective community advocates, which will have a positive impact on our region.”

Fellowships and office space part of the deal

As part of the collaboration, the Community Foundation of Tampa Bay will offer two paid fellowships each semester for students attending Stetson University College of Law. The two fellowships will begin in spring 2020, and students will gain an in-depth understanding of community philanthropy and have hands-on experience in working with nonprofit organizations.

In addition, Stetson University College of Law is providing office space at its Gulfport campus for the Community Foundation of Tampa Bay. Stetson also will provide meeting and conference space to the Community Foundation of Tampa Bay at its Gulfport and downtown Tampa campuses.

The general public, local nonprofits, and corporations will have opportunities to take part in conversations sparked by the Alliance for Advocacy and Philanthropy during events held at Stetson University College of Law.

Marlene Spalten, president and CEO of the Community Foundation of Tampa Bay, said, “We look forward to working with Florida’s first law school to create opportunities for our region, to discuss communitywide challenges and possible solutions, and to promote the economic health and vitality of Tampa Bay through an innovative program.”

“We look forward to working with Florida’s first law school to create opportunities for our region, to discuss community wide challenges and possible solutions, and to promote the economic health and vitality of Tampa Bay through an innovative program.”
Marlene Spalten, president and CEO of CFTB

About the organizations

The Alliance for Advocacy and Philanthropy formalizes the organizations’ shared belief in aligning resources and investing in advocacy, thought leadership, and programs to solve community challenges. The partnership will include pro bono program opportunities for students to support Tampa Bay area not-for-profits. Faculty and students at Stetson University College of Law provide more than 30,000 hours of pro bono legal and advocacy services through various institutes, programs and centers, including the Veterans Law Institute, Center for Excellence in Advocacy, the Social Justice Advocacy Program the Center for Excellence in Elder Law, etc.

The Community Foundation of Tampa Bay awards about $20 million each year to nonprofit organizations. Since its inception nearly 30 years ago, the Community Foundation has granted more than $230 million.

Foreman Biodiversity Lecture: The use of rights-based management in preventing overfishing

By Taylor Allyn

Elizabeth Silleck, a senior conservation manager at the Environmental Defense Fund, discussed rights-based management of fisheries as part of the Foreman Biodiversity Lecture series at Stetson University College of Law.

Silleck works with the Gulf of Mexico Oceans Program, the goal of which is to bring fishermen, chefs and communities together to rebuild the fisheries in the Gulf. According to the EDF website, the Gulf of Mexico “supplies more than 40 percent of our domestic seafood and provides billions of dollars a year in wages for the fishing and tourism industries across five states.”

Gulf fisheries have struggled with an overfishing crisis, but significant gains have been made to limit overfishing, turn the fishery around, and provide increased access to local and national communities.

Elizabeth Silleck, a senior conservation manager at the Environmental Defense Fund, discussed rights-based management of fisheries. — Elizabeth Silleck, a senior conservation manager at the Environmental Defense Fund, discussed rights-based management of fisheries as part of the Foreman Biodiversity Lecture series at Stetson University College of Law.

The Magnuson-Stevens Act

The concept of sustainable fishing practices began with The Magnuson–Stevens Fishery Conservation and Management Act (commonly referred to as the Magnuson–Stevens Act) of 1976. Created to prevent foreign fishing fleets from depleting resources off the coast of the United States, the Act also established the regional fishery management structure that currently exists today.

In each coastal area, there are regional councils comprised of representatives from the state, including a representative from each state’s natural resources department. In Florida, the Fish and Wildlife Conservation Commission is represented on both the Gulf council and the South Atlantic council. Customarily, each state has representation from a person affiliated with the commercial fishing sector, and a person affiliated with the recreational fishing sector. According to Silleck, this selection is intended to achieve a balance between not only commercial and recreational interests, but also the interests of the states.

The Magnuson-Stevens Act also required fishery management plans and established the concept of maximum sustainable yield—in other words, how much fishing can occur without jeopardizing the ability of the stock to replenish itself.

Despite this early action and structure, the original Act did not really work to prevent overfishing, Silleck said. It was amended in 1996 and took into account social and economic factors that could affect the maximum sustainable yield. This legislation also introduced requirements to rebuild populations that had been subject to overfishing.

The Act was amended for a third time in 2007, and according to Silleck, this time there were finally teeth in the law. The new iteration of the law required that science-based annual catch limits be established, along with accountability measures for fishery management plans and consequences for breaking the law. For example, a commonly used accountability measure for exceeding the annual catch limit is referred to as a “payback,” in which the next year’s catch limit is reduced by the amount the limit was exceeded. Catch limits are approved by scientists associated with each regional council who understand their regional species and habitats.

The Great Hall at Stetson University College of Law was packed for the Foreman Biodiversity Lecture series.

Rights-based management

Secure fishing rights – or rights-based management – is used to combat overfishing by aligning economic incentives with sustainability measures, Silleck explained. Under this kind of program, a fishing area or proportion of a catch is allocated to individuals or groups of fishermen.

“The idea is that over time, because people know that they have a secure interest in the fishery, they are going to be more responsible stewards of that portion that they have– because as it grows, they are going to have more fish,” she said.

The benefits of secure fishing rights are ecological, economic, and social, Silleck said. These programs utilize scientific catch limits and reduce the amount of discards in the ocean because they eliminate the race to fish as much as possible. The values of fisheries also increase as do the prices that fishermen can get for their catches.

“We’ve seen here in the Gulf higher prices for the catch that are associated with the fact that it comes from a sustainably managed fishery [and] the fact that you don’t have everybody flooding the market with the same type of fish.”

The potential challenges of rights-based management programs include equity in allocation, she said.

About the Foreman Biodiversity Lecture Series

Stetson Law’s Institute for Biodiversity Law and Policy serves as an interdisciplinary focal point for education, research and service activities related to global, regional and local biodiversity issues. The Foreman Biodiversity Lecture Series brings to campus numerous experts in environmental law and environmental science. You can view Silleck’s complete lecture on the Stetson Law YouTube channel.

Stetson again ranks No. 1 in national trial competition performance

The 2018-2019 results are in, and once again Stetson University College of Law ranks No. 1 nationally in trial competition performance. This most recent recognition comes in addition to the more than 20 years Stetson has been recognized as No. 1 in trial advocacy according to the U.S. News & World Report.

The Trial Competition Performance Ranking (TCPR) from Fordham University School of Law is a points-based system that objectively ranks student trial teams in interscholastic law school trial competitions. It measures success at national and regional competition levels.

All TCPR points are allocated based on the competition result data compiled by Faulkner Law School at http://www.trialteamcentral.org/, and Fordham University School of Law used the data to create a three-year analysis of the top 25 performing law schools. The TCPR tracks points for the current academic year, as well as provides a historical ranking based on the accumulation of points beginning with 2016.

For the current academic year, Stetson ranks No. 1 with 21 points, followed by Loyola University School of Law with 17 points and UCLA with 15 points. For the 2016-2019 period, Stetson tops the chart with 43 points, outpacing its closest competition by 14 points. Drexel University Thomas R. Kline School of Law comes in second for the period with 29 points, followed by Fordham University School of Law with 26 points.

“While we appreciate this recognition and the achievements of our students, our core mission will always be about the invaluable training our students receive,” said Julia Metts, Director of Trial Programs and Professor of Practice at Stetson. “The trophies are nice, the wins are encouraging, but the difference we make in the lives of others will forever be our purpose!”

This national ranking comes on the heels of Stetson’s victory at the Chester Bedell Mock Trial Competition earlier this year. It marked the 23^rd time in 37 years a Stetson team claimed the prize. A second Stetson team made it to the semi-final round.

Stetson’s program in trial advocacy is nationally ranked No. 1 by U.S. News & World Report (2020). To learn more about the advocacy program, visit stetson.edu/law/advocacy.

To view the complete TCPR chart, visit law.fordham.edu/tcpr or view the complete calculations online.

Stetson hosted Consumer Protection Fair with AARP

AARP volunteers — Volunteers from AARP Tampa Bay helped local seniors sign up for the Do Not Call Registry and other services to help block junk mail during the Consumer Protection Fair at Stetson.

“There is no rule book to retiring or getting old,” said Marilyn Izor, a retired nurse from St. Petersburg.

The 70-year-old attended a Consumer Protection Fair on Sept. 11, 2019, at Stetson University College of Law. The school hosted the event in partnership with AARP Tampa Bay as part of AARP’s National Day of Service.

Izor said she left the event armed with plenty of notes and great information to help her on the “journey of getting old.”

Attendees had the opportunity to shred sensitive documents and consult expert speakers on consumer protection issues, as well as probate, power of attorney and other important topics. AARP employees helped them sign up for the National Do Not Call Registry and various ways to opt out of junk mail. Stetson law students assisted with legal technology training, including how to spot dangerous email attachments and suspicious web links.

“You can be really smart and still get caught, so you need to stay informed of the latest tricks,” said Jeff Johnson, state director for AARP.

The organization hosts multiple service events all around the state, each with a different theme. In the Panhandle, for example, they worked on Hurricane Michael relief. In Gulfport, the partnership with Stetson made perfect sense, given the school’s well-known Center for Excellence in Elder Law and strong advocacy programs.

Professor Morgan with Detective Brian Kronz — Stetson Professor Rebecca C. Morgan introduces St. Petersburg Police Detective Brian Kronz during the Consumer Protection Fair on Sept. 11, 2019, at Stetson University College of Law.

Stay informed

Detective Brian Kronz with the St. Petersburg Police Department was one of the event speakers. A sobering fact from his law enforcement experience: 90 percent of the time when seniors are a victim of theft, it was perpetrated by someone in a position of trust. Home health aides and unscrupulous family members are common culprits.

“Identity theft happens every two seconds,” he said, adding that Florida has the largest number of identity theft victims in the nation.

Identity theft is just one of many common crimes committed against the elderly. You can read more about the most popular scams and how to avoid them on the AARP website, but key red flags for exploitation include: unusual bank account activity; missing checks, credit cards, valuables or important documents; an unusual change in beneficiaries; or a new “best friend” suddenly appearing, Kronz said.

Seniors can protect themselves by selecting someone with integrity to act as their power of attorney, always speaking with a trusted advisor before making any kind of financial decision, shredding personal documents and mail, regularly checking their credit report via AnnualCreditReport.com, scrutinizing all financial statements, and securing valuable possessions. Kronz also encouraged all seniors to feel free to call their local law enforcement agency if they ever feel unsure about a situation, person or otherwise threatened.

Stop running from aging and make a plan

Stetson alumna Stephanie Edwards, of Edwards Elder Law in St. Petersburg, discussed types of long-term care, from home health to assisted living to skilled nursing facilities, and how to pay for it. Too many people refuse to think about the possibility of needing care and fail to plan.

“Fate likes chaos, and fate likes crisis,” she said.

Consider these numbers:

Companion care for a few hours during the day can range $18 per hour and up;
Assisted living facilities can cost $2,500 to $4,000 per month;
Memory care facilities (when the need for physical care is limited but because of dementia or Alzheimer’s, more supervision is needed) can run $3,500 to $5,500 per month; and
Skilled nursing homes can range from $8,000 to $12,000 per month.

Seniors without a plan for long-term care could find themselves facing out-of-pocket expenses that their retirement nest egg doesn’t stretch far enough to cover. Payment options include:

Ensuring have you have enough cash savings set aside;
Buying long-term care insurance (though fewer companies are offering it these days, and it can be expensive); or
Utilizing Medicare or Medicaid when the time comes.
The VA also has a VA Aid and Attendance program for wartime vets and their surviving spouse – something not many know about. Stetson’s Veterans Advocacy Clinic may be able to help eligible veterans apply.

Many people find they fall between making too much for qualify for Medicaid, but they don’t have enough in savings to pay for private care, Edwards said. The VA and other government programs have strict rules regarding how to protect your financial assets while still qualifying for services. An experienced attorney can help you navigate these programs and plan for the future.

photo of audience members — The Consumer Protection Fair at Stetson University College of Law drew about 50 seniors from the Tampa Bay community, as well as representatives from Pinellas County Government, Bay Area Legal Services, and the Attorney General’s Office.

Get comfortable with uncomfortable conversations

Stetson alumnus Will Lucius, director of Special Needs Trust at Raymond James, agreed that most people are more concerned about what happens to their assets after death and fail to plan for care they may need while still alive. That includes not only funds, but a legal plan that identifies someone to make financial and health care decisions for you should you become unable to do so.

Power of Attorney for finances generally grants authority to an agent to act on your behalf for financial decisions. It is important to select someone trustworthy and ethical, not just default to your oldest child, for example, especially if he or she has a history of bad financial decisions.

“Financial Power of Attorney is a very good tool to have,” Lucius said, adding an important caveat: “It really can be a license to steal if it’s in the wrong hands.”

People who don’t have a valid durable power of attorney and become unable to make their financial health care decisions could find a court-appointed guardian or conservator charged with making their financial and health care decisions. Other options include trusts and joint ownership. An attorney who specializes in estate planning can help you identify and plan for your future needs. The worst alternative is having no plan at all, he said.

Be wary of premade online forms granting Power of Attorney or other legal rights, as they may not be right for your particular needs and need to be signed and witness properly. A licensed attorney should always review such documents to ensure they are valid. Wills, advanced health care directives, and Power of Attorney documents should be kept in a secure place, but you should also be sure a trusted family member knows where they can be found when the time comes.

“Be sure to discuss your plans with your loved ones so they know your wishes,” he said.

Don’t be afraid to report suspicious activity

To round out the day, members of Stetson’s prestigious Trial Team conducted a mock trial for the audience that simulated a common scam on the elderly.

The scenario: a direct mailing company owner was on trial for mail fraud. He designed, printed and distributed a flier informing recipients they had won a free car. In reality, when people dialed the number, they were coerced into divulging their personal information and then swindled for money.
The questions posed by the simulated court proceedings: Was the mailing company owner at fault? Was he part of a greater scheme? Or should only the people behind the scam be held accountable?

Interestingly, event attendees acting as the jury found the company owner not guilty. They placed blame with the faceless people who perpetrated the scam. But as Stetson law professors Robert Flowers and Julie Metts pointed out, while the company owner may not have been directly responsible for people getting swindled, he played a role. Reporting his involvement to law enforcement gives them one more piece of the puzzle, one more clue to be able to track down the real guilty parties. Not only that, but it helps law enforcement and legal officials create a database of information that could help solve future crimes.

The lesson for seniors: Even if your individual case is not solved, the information from it may lead to arrests and prosecution in the future, so don’t hesitate to report the information to law enforcement, no matter how small or embarrassing it may seem.

Stetson professors take advocacy training to the Caribbean

Stetson Advocacy is everywhere, and most recently it was the Virgin Islands!

At the end of July, Professors Roberta Flowers and Julia Metts traveled to the Caribbean for hands on Stetson advocacy lectures, demonstrations, and interactive presentations for members of the Virgin Islands Bar Association.

The multi-day training session was actually several years in the making thanks to hurricane delays and other hiccups, but it was well worth the wait, said VIBA President Chivonne Thomas.

“Stetson is a friend of the Virgin Islands Bar Association, and we have fostered a great relationship,” she said. “They truly made the effort to learn about the law in the VI and assist in helping our practitioners manage the ever-changing body of law.”

Customized training was key

Thomas wanted to bring real trial training to the members of her organization. She and her board spent countless hours on conference calls with the team at Stetson to fine tune the training and develop a program that met the unique needs of the VIBA.

“Our primary goals were to provide our practitioners with feedback in real time and to grow the advocacy skills for attorneys of all experience levels, especially our young lawyers,” she said. “Given the shortage of practitioners, our young attorneys are often thrown into the courtroom sooner than their stateside counterparts, and we wanted to give them tools that they could utilize to strengthen their advocacy.”

Metts explained that Stetson Law appreciates every opportunity to train advocates in every place where justice matters and skills are needed. The upshot of all the hard work and planning meant attorneys with no experience joined attorneys with 40+ years’ experience to “learn by doing” and participate in trial skills-based training.

“The results were phenomenal!”
Prof. Julia Metts

Thomas said nearly 60 people attended the seminar, and they are looking forward to further training opportunities with Stetson.