Monday, October 30, 2017

St. Thomas Law Trial Team Wins ABA Labor and Employment Law Regional Mock Trial Competition

The St. Thomas University School of Law Trial Team won the ABA Labor and Employment Law Regional Mock Trial Competition that took place in Miami from October 28-29, 2017.

Victorious: St. Thomas Law Trial Team members Luis Garcia, Chanae Wood, Karina Harduvel, and Jillian Tate.
St. Thomas Law students, Jillian Tate, Chanae Wood, Karina Harduvel and Luis Garcia were crowned champions and will represent St. Thomas in New Orleans for the Nationals in January.

Two teams of four students from the trial team represented St. Thomas at the competition. Leonard Caracappa, Gabriella Espaillat, Jose Leal and Vanessa Pressoir represented the other St. Thomas team and received rave reviews for their skill, advocacy and professionalism. The teams were coached by Jeff James, Esq., Dionne McDonald- Josephs, Esq., and faculty advisor, Michael Mayer, Esq.

The competition consisted of twelve teams from eight law schools around the country. In each round, the students represented either the Plaintiff or the Defendant. As the Plaintiff, the students argued to a jury that the Plaintiff, an employee of the Defendant, was discriminated against, and fired for, religious reasons. As the Defendant, the students argued to the jury that the Plaintiff was not fired for religious reasons, but rather, because the Plaintiff was harassing other employees.

In the preliminary rounds, one team competed against the Universities of Denver and Texas. The championship team competed against Washburn University School of Law and Florida Coastal School of Law. After going undefeated and seeded #1 in the preliminary rounds, the championship team advanced to the semi-finals against the Texas Law School and argued for the Defendant. Receiving a unanimous verdict, the team advanced to the finals and competed against Emory University School of Law. At the end of a zealously advocated round, St. Thomas Law was named winner.

The trial team would like to extend its thanks to Professor Kenya Smith for working with the team and offering his guidance, knowledge and support.

Congratulations to the entire trial team on this incredible accomplishment. After months of group and individual practice, simulated trials against other members of the trial team, these students exemplified the meaning of hard work, dedication and sacrifice - way to make the entire St. Thomas family proud!

Good luck at nationals!





Monday, October 23, 2017

St. Thomas Law Professor Michael Vastine - Legal Leader on Immigrant Rights

Professor Michael Vastine

St. Thomas University School of Law remains on the front lines in the efforts to establish and preserve immigrant rights. Through the St. Thomas Law Immigration Clinic and the Human Rights Institute, a broad range of immigration and human rights-related issues are being tackled including  legislation and its effect on immigrants.

Professor Michael Vastine, who serves as director of the St. Thomas Law Immigration Clinic, also holds a key leadership role in the American Immigration Lawyers Association (AILA). He has argued before the US Court of Appeals, and submitted  arguments that get widely circulated within the immigration bar regarding major case issues with national and international impact.
  • In September 2017, he argued Choizilme v. U.S. Attorney General at the U.S. Court of Appeals for the Eleventh Circuit, regarding the immigration implications of the Florida drug sale statute that reverses the presumption of innocence regarding mens rea* of the illicit nature of the controlled substance involved. 
  • The Connecticut Supreme Court agreed, in Jerzy G. v. State of Connecticut, with the arguments he forwarded in as amicus curiae** counsel, and established that equal protection demands that Connecticut courts retain jurisdiction in criminal post-conviction (including appellate) Sixth Amendment-related litigation, notwithstanding the physical deportation of the defendant.
  • Professor Vastine was also a participant in the litigation summit of the American Immigration Counsel; and led a panel The Most Recent Developments in the Categorical/Modified Categorical Approaches, at AILA’s Advanced Litigation Conference, in Portland, Oregon.
  • He most recently attended the first two days of the October 2017 term of the U.S. Supreme Court in order to blog for AILA in the cases Sessions v. Dimaya (deportability for potentially violent crimes) and Jennings v. Rodriguez (prolonged immigration detention). His analysis of the case can be viewed below.
                                                                                                                                                                                                                                                              

The St. Thomas Law Immigration Clinic serves as a conduit for the training of the next generation immigration lawyers and advocates. It is available to second- and third-year law students and is designed to provide the legal, ethical, and moral tools needed to provide high-quality immigration services to under-served communities. Students represent asylum seekers, battered spouses and children, and other non-citizens seeking immigration relief in Immigration Court, before the Board of Immigration Appeals, and the Department of Homeland Security.


mens rea* -  legal phrase used to describe the mental state a person must be in while committing a crime for it to be intentional
amicus curiae**  - person who is not a party to a case, but who assists a court by offering information that bears on the case.