Wednesday, April 29, 2015

St. Thomas Law’s Immigration Clinic Hosts Citizenship Drive

St. Thomas Law’s Immigration Clinic hosted a Citizenship Drive and Workshop on Saturday, April 25, 2015. The clinic was conducted by students from St. Thomas Law’s Immigration Clinic,  as well as a coalition of legal service providers and volunteers from The New Americans Project and the Catholic Legal Services-Archdiocese of Miami, Inc. The drive was organized to aid eligible permanent residents become U.S. citizens by providing assistance in the completion of their naturalization applications.  Over 200 persons attended the clinic and more than 110 applications were completed. The legal services were provided at no cost.

Information was also provided about (DACA) Deferred Action for Childhood Arrivals and the suspension of deportations for those eligible under President Obama’s Executive Order that allows certain undocumented persons – including those who have children who are U.S. citizens or legal residents – to have the opportunity to receive work documents.
Hard at work:  St. Thomas Law’s Monique Wilson (3L) and Mercy Londono (3L) at Saturday’s immigration drive
The citizenship drive is a part of the St. Thomas Law School Immigration Clinic’s continuing mission to inspire in law students a life-long commitment to serve uprooted persons at the margins of society, and to give students the legal, ethical, and moral tools they need to provide high quality immigration legal services to families and individuals in need so that they may participate fully in society.

St. Thomas Law Student’s Article to be Published in Harvard Latino Law Review

Nicia Mejia, a third-year student at St. Thomas University School of Law, has accepted an offer to publish from the Harvard Latino Law Review.  Nicia’s article titled “Dominican Apartheid: Inside the Flawed Migration System of the Dominican Republic.” provides a comprehensive analysis of the migration system of the Dominican Republic, with a particular focus on how a September 2013 decision by the Constitutional Court of the Dominican Republic has retroactively rendered stateless many who were born on Dominican soil and others who for generations have called the eastern portion of the Hispaniola home.
Nicia Mejia
Nicia was inspired to write the article because of her Dominican heritage, in addition to a conversation she had about two years ago with an immigration advocate that strengthened her desire to do more research on the 2010 amendments to the Dominican Constitution that left tens of thousands of Dominicans stateless.  A vast majority of these Dominicans are those of Haitian descent, and the Dominican Republic is the only country they know.  Many of these people are left with a choice of either being deported to Haiti or living in the shadows as illegal immigrants.  The article weighs the power of national sovereignty against the inalienability of nationality and at the same time, it stresses the fact that this could happen anywhere.
Nicia wants to highlight this decision and hopes that the Dominican government considers the situation from a different perspective and makes the necessary changes.  “Something should be done because even as Americans, all of our ancestors migrated from somewhere,” stated Nicia. “It is human nature to move, seek new beginnings, and better futures for our children. Perhaps they will consider it from my perspective – the perspective of a Dominican immigrant who identifies with the American way of life and could not imagine being left with the only choice leaving the country she calls home.”
The article is forthcoming in Volume 18 of Harvard’s journal.

St. Thomas Law Hosts Third District Court of Appeal


The Third District Court of Appeal held an official session in the Moot Court Room at St. Thomas Law on Wednesday, April 15, 2015. This was a rare and exciting opportunity for students to learn by watching attorneys present oral arguments in real cases before the Court.

In one of the cases - State of Florida vs Samuel Strickling, the appellate brief was written by two St. Thomas Law 3L students, Yosue Ochoa and Levi Lawrence Wilkes, and Mr. Ochoa appeared in oral argument, as a certified legal intern supervised by Professor Howard Blumberg. The well-attended session was presided over by Justices Linda Ann Wells, Leslie , and Kevin Emas. 


3L Student Yosue Ochoa delivers oral arguments supported by Levi Wilkes and supervised by Professor Howard Blumberg

St. Thomas Law Trial Team Wins Award for Best Closing Argument at ABA Mock Trial Competition

Nataly Gutierrez and Dean Alfredo Garcia
The St. Thomas Law Trial team competed in the 25th anniversary American Bar Association Criminal Mock Trial Competition. For the 25th anniversary, the competition invited only the past national champions from the past 25 years and was comprised of the twenty best trial team schools in the country. 

The fact pattern involved the Prosecution charging the Defendant with murder. Representing St. Thomas University was Joseph Dewey, John Downs, Maria Catala and Nataly Gutierrez.  Mr. Downs and Mrs. Catala represented the Prosecution. Mr. Dewey and Ms. Gutierrez represented the Defense.  The advocates were required to argue pre-trial motions, opening statements, direct and cross examinations, and closing arguments.

All four students did exceptionally well, receiving rave reviews from all scoring jurors and judges. It is with great pleasure to announce that Nataly Gutierrez received the award for Best Closing Argument. St. Thomas is proud to have such fine student advocates represent them in this prestigious national competition. 

St. Thomas Law Announces the Publication of Professor Roy Balleste’s Latest Book: Internet Governance: Origins, Current Issues, and Future Possibilities (2015)

Professor Roy Balleste
Internet Governance: Origins, Current Issues, and Future Possibilities explores computer history, internet beginnings, institutions and stakeholders, proposed models of governance, and human rights. The publisher notes that the “ultimate goal of the book is to establish a foundation for identifying a new model of governance for the Internet. In doing so, the book honors the efforts of previous scholars who have considered and proposed other models for the governance of the Internet.”

The book is intended as “an introduction for the novice to the subject of internet governance.” It also includes Professor Balleste’s attempts to sketch a practical plan for a new concept of Internet governance.

This book provides an “introductory, multidisciplinary account of the forces at work in the evolving concept of internet governance for scholars in the information studies fields, including computer, information and library science. It should also be useful for scholars in the fields of international law, international relations, diplomacy studies and political science.”

A list of Professor Balleste’s other recent publications is available here.

Internet Governance: Origins, Current Issues, and Future Possibilities is available for purchase here.

St. Thomas Law Selected as the Repository for Judge William Hoeveler’s Judicial Papers

Judge William Hoeveler pictured with
Judge Paul C. Huck, Dean Al Garcia, Monsignor Franklyn Casale,
and Senior United States District Judge Donald Graham
On Wednesday, March 18, 2015, St. Thomas University School of Law welcomed over 100 judges, attorneys, legal scholars, alumni and friends for an event honoring Judge William Hoeveler and announcing the selection of St. Thomas University School of Law as the repository for Judge Hoeveler’s judicial papers.
The St. Thomas University School of Law’s Alex Hanna Legal Information Center will serve as home to Judge Hoeveler’s case-related documents and correspondence; distinct from the official court record of his cases. The collection includes his personal anecdotes, exchanges with attorneys and notes that may serve to document Judge Hoeveler’s career and give unique insight into the process of his judicial deliberation through many of the cases over which he presided. These documents can bring judicial history alive for law students, legal scholars and the general public alike in a way that textbooks may not. In addition to the papers, the law school will house memorabilia that include courtroom sketches from the Manuel Noriega trial, the Pontifical Medal Benemerenti bestowed by His Holiness Pope John Paul II, personal photographs, and even Judge Hoeveler’s famous briefcase.
The announcement ceremony, held in the Law School’s Moot Court Room, began with a welcome from St. Thomas University President, Monsignor Franklyn Casale. Monsignor Casale expressed his gratitude and pride that the law library was selected as the repository. He also spoke of his admiration for Judge Hoeveler and the impact he has had on the law both locally and nationally. He noted that the papers will join those of the late U.S. District Judge C. Clyde Atkins whose judicial papers are also housed at St. Thomas University.
Dean Alfredo Garcia delivered remarks that highlighted Judge Hoeveler as a legal giant in the south Florida community who was fair, humble, patient, joyful, deeply religious and courageous. The Dean expanded by sharing details of how Judge Hoeveler conducted himself in what was probably the most high-profile case over which he presided – the Manuel Noriega trial. “The Noriega trial is the prism through which we can view the career of the most respected jurist in South Florida,” stated Dean Garcia. “The case was complex: there were more than 250 pretrial pleadings, motions, responses, memorandums and court orders. The trial lasted a few months. Amidst all of this, Judge Hoeveler demonstrated remarkable patience, legal understanding and, above all, fairness.” Dean Garcia noted that after the trial and during Noriega’s sentencing speech, Noriega rebuked the US government but praised Judge Hoeveler – a testament to the character of the judge and the man.
Senior United States District Judge, Donald Graham was also called on to make a special presentation to Judge Hoeveler. In his remarks, Judge Graham described Judge Hoeveler as “an incredible man, an incredible judge, an incredible friend, and an incredible servant to the country as a Marine.” Judge Graham presented a brass dedication plaque to Judge Hoeveler on behalf of the judges of the United States District Court for the Southern District of Florida and members of the bar. The plaque reads in part:
“In grateful appreciation for his lifelong commitment to the legal profession to ensure that justice and equality are guaranteed for all people. Judge Hoeveler’s exemplary service to the federal court has been an inspiration to generations of attorneys.  He is a legal legend – the epitome of professionalism and ethics…we honor his legacy.”
Judge Hoeveler was also presented with a book entitled “Judge William M. Hoeveler – A Humble Judicial Hero.” The book is a published collection of reflections and anecdotes from over 80 contributors who know him either personally or professionally. As Dean Garcia stated, the book “memorializes all the character traits that define Bill Hoeveler.”
The ceremony was followed by a wine and cheese reception and tour of the St. Thomas Law Alex Hanna Law Library where attendees were given the opportunity to view Judge Hoeveler’s memorabilia and personally greet the guest of honor.
Judge William M. Hoeveler was born in France in 1922 and attended high school in Havertown, Pennsylvania. He began college at Temple University but left when he enlisted in the United States Marine Corps during World War II. He served in the armed forces from 1942 to 1946 and after leaving the Marine Corps, enrolled at Bucknell University. He graduated from Harvard Law School with an LL.B. in 1950 and entered private practice in Miami from 1951 to 1977. He was nominated to the United States District Court for the Southern District of Florida in 1977 by President Jimmy Carter and assumed senior status in 1991. Judge Hoeveler gained a reputation as a hero to environmentalists and an opponent of Florida's sugar industry during his time on the bench. In addition to the high-profile trial of Manuel Noriega, he presided over many of the hearings in the Elián González case.  He officially retired in 2014.