Monthly Archives: October 2009

Hiaasen’s Craziest Character is Real

I always wondered who could have been the model for “Skink,” my least favorite but perhaps most distinctive character in Carl Hiaasen's supposedly satirical but actually all-too-realistic novels about South Florida. I didn't like Skink because, unlike the other Hiaasen characters, he seemed too over-the-top to be real.

And now, thanks to St. Petersburg Times's article A lion builds a Cat 5 lair in the Keys, the secret is revealed. Skink is as true to life as everyone else in those books.

(spotted via Random Pixels)

[Note: “Cat 5” here refers to major hurricanes, not a gigabit LAN]

Posted in Kultcha, Miami | Comments Off on Hiaasen’s Craziest Character is Real

UM Hosts Great Foreclosure Defense Training

We had a real happening of a foreclosure defense seminar yesterday. Here's how the law school wrote it up, but it was even better than it sounds:

Fighting the Foreclosure Crisis: Foreclosure Defense Specialist April Charney, JD '80, Shares Expert Advice in Workshop

Over 150 lawyers attended a foreclosure workshop, hosted by the University of Miami School of Law on October 2nd, which featured April Charney, JD '80, a consumer lawyer and nationally recognized foreclosure defense expert. Charney addressed such topics as federal and state law that govern mortgage origination, common law/state law causes of action and affirmative defenses, drafting discovery and motion practice, and ethical considerations in foreclosure practice.

Charney’s daylong “Defending Foreclosures” classes have gained widespread popularity with lawyers throughout the country. She has taught in Ohio, California, Minnesota, South Carolina, Missouri and throughout Florida. Charney requires that all attendees perform 20 hours of pro bono legal work in their communities.

“The workshop has been tremendously informative and has made me realize how complicated this area is,” said Yolanda Paschal, JD ’09, one of the Foreclosure Defense Fellows who will be working with the Legal Services of Greater Miami starting on Monday, October 5th. “I anticipate that this fellowship will be challenging and I look forward to that.”

The Foreclosure Defense Fellowship, recently created by the School of Law, will enable newly minted lawyers to give free help to local residents caught in the foreclosure crisis. The School of Law is one of the first schools in the nation to create a program of this kind. Recent UM graduates will acquire real-world experience and address a serious need in the community at the same time.

Excited to be back at her alma mater, Charney took a moment from the workshop to commend the School of Law for establishing the new Foreclosure Defense Fellowship Program and Professor A. Michael Froomkin for his leadership with the project. “The foreclosure crisis in Florida is troubling,” said Charney, “but at least this program will do good work to help homeowners keep their homes.”

“April Charney delivered a tour de force performance on foreclosure defense, backed up by a CD with over 1,000 pages of sample complaints, depositions, and litigation checklists,” said Froomkin. “I wish all my students could attend lectures like this to learn about the law on the ground as it is playing out in the context of a financial crisis.”

It was an event. Great as it was, April Charney wasn't entirely happy: She groused that some of the attendees were from what she calls “the dark side” — foreclosure specialists coming to find out what defense counsel will be doing to them.

Posted in Econ & Money: Mortgage Mess | Comments Off on UM Hosts Great Foreclosure Defense Training

Glenn Beck Attempts to Get UN to Circumvent US Constitution

Is this Response in glennbeckrapedandmurderedayounggirlin1990.com the best UDRP response ever?

Sample:

We are not here because the domain name could cause confusion. We
do not have a declaration from the president of the international
association of imbeciles that his members are blankly staring at the
Respondent’s website wondering “where did all the race baiting content
go?” We are here because Mr. Beck wants Respondent’s website shut
down. He wants it shut down because Respondent’s website makes a
poignant and accurate satirical critique of Mr. Beck by parodying Beck’s
very rhetorical style. Beck’s skin is too thin to take the criticism, so he
wants the site down. Beck is represented by a learned and respected
legal team. Accordingly, it is beyond doubt that his counsel advised him
that under the First Amendment to the United States’ Constitution, no
action in a U.S. Court would be successful. See, e.g., Hustler Magazine,
Inc. v. Falwell, 485 U.S. 46 (1988). Accordingly, Beck is attempting to use
this transnational body to circumvent and subvert the Respondent’s
constitutional rights.

Here, in the interest of fair play and equal time, is the compliant in glennbeckrapedandmurderedayounggirlin1990.com

Yes, Glenn Beck is going to an international tribunal set up by a UN Body (WIPO) in order to trample the US Constitution.

You can't make this stuff up.

Posted in Law: Trademark Law | 2 Comments

Bush Border Control Policy Sinks Chicago’s Olympic Bid

Chicago Loses Bid for 2016 Olympic Games

It looks as if the Bush administration policy on making it much harder to get a US visa (which Obama has yet to alter) has come home to sink Chicago's Olympic bid:

In the official question-and-answer session following the Chicago presentation, Syed Shahid Ali, an I.O.C. member from Pakistan, asked the toughest question. He wondered how smooth it would be for foreigners to enter the United States for the Games because doing so can sometimes, he said, be “a rather harrowing experience.”

This is the same stupid anti-visitor policy that is destroying American higher education by driving graduate students to UK and other universities. Here at UM, for example, we have had great trouble getting visas for some great students who want to take our LL.M for foreign students — including one who had a US government scholarship!

Maybe some good can come from this stunning defeat for Obama's personal diplomacy: bring back the pre-9/11 visa rules that made this country a magnet for tourists, investors, and the world's best and the brightest.

Posted in Law: Right to Travel | 9 Comments

Juan Cole on Obama’s Good Day

Juan Cole, Informed Comment: Obama pwns Bush-Cheney on Iran; First day of Talks Yields Significant Confidence-Building Steps:

Barack Obama pwned Bush-Cheney in one day, and got more concessions from Iran in 7 1/2 hours than the former administration got in 8 years of saber-rattling.

Now to see if Mr. Obama can pull an Olympic rabbit out his hat.

Posted in Politics: International | 1 Comment

The University Of Miami School Of Law Announces Foreclosure Defense Fellowships

The Law School just issued this news release:

The South Florida community is ground zero for the national foreclosure crisis. In response, the University of Miami School of Law has created Foreclosure Defense Fellowships that will enable newly minted lawyers to give free help to local residents caught in the foreclosure crisis. The School of Law is one of the first schools in the nation to create a program of this kind in response to the crisis that is sweeping the country. Recent UM graduates will acquire real-world work experience and address a serious need in the community at the same time.

The foreclosure crisis is overwhelming the Miami-Dade legal system. One in every 28 homes in Miami-Dade County is in a state of foreclosure. Last year 56,656 foreclosures were filed in Miami-Dade County alone. Almost a third involve “owner-occupied homestead property” (residential homestead mortgage foreclosures) and a very large number of owners are unrepresented. The UM Foreclosure Defense Fellows will work to fill the gaps that this legal crisis has created within the South Florida community.

“These Fellowships engage the Law School and its recent graduates in a difficult but rewarding process that serves a great public need,” said Dean Patricia D. White.

Eight UM Law graduates were the winners of these fellowships. Six fellows – Siobhan Grant, Yolanda Paschal, Matthew Weintraub, Jaclyn Gonzalez, Francisco Cieza, and Bradley Shapiro – will work for the Legal Services of Greater Miami, Inc. (LSGMI). Two additional fellows – James Duffy and Berbeth Foster — will work at the Legal Aid Service of Broward County, Inc. They will receive a limited grant totaling $10,000 in exchange for working at least three days a week for 27 weeks, commencing in early October. The fellows will receive intensive training on October 2nd at a foreclosure workshop hosted by the UM School of Law, featuring April Charney, JD ’80, a consumer lawyer and nationally recognized foreclosure defense expert. The workshop will be held at the Whitten Learning Center on the University of Miami campus from 8:00 a.m. to 5:00 p.m.

In addition, three students from the School of Law’s LL.M. in Real Property – Jessica Davis, Dushyant Amish Jethwa, and James Walter – will inaugurate a clinical track in that program by providing 15 hours per week of free foreclosure defense representation. The LL.M students will work under the supervision of local lawyers who also will be working without pay. These fellows will be placed at “The Foreclosure Project,” created by Richard Burton, JD ’74, which provides free legal representation to homeowners facing foreclosure in Dade and Broward counties.

UM law professor A. Michael Froomkin describes how he came to create the Foreclosure Defense program: “Last fall, I was standing in front of the courthouse one evening talking to a local lawyer who was telling me about the thousand of foreclosure cases stacking up in the judges’ chambers, many with unrepresented parties who had valid defenses that were not being made because they didn't have a lawyer.” Froomkin recalls that the lawyer stated, “‘Someone should do something.’ And, right there, I decided that if no one else would do it, that it would be me.”

About Legal Services of Greater Miami

Legal Services of Greater Miami, Inc. provides innovative, effective legal services to help thousands of individuals in Miami-Dade and Monroe counties each year, creating a positive impact on the community as a whole. LSGMI is the largest provider of broad-based civil legal services for the poor in Miami-Dade and Monroe counties, and is recognized in the state and in the nation as a model legal services law firm. Its diverse staff provides clients with legal services in three languages from its main, regional and neighborhood offices.

According to Carolina Lombardi, LSGMI Senior Attorney who oversees the Mortgage Foreclosure Defense Project, “There is an unprecedented need for legal assistance for homeowners facing the loss of their homes through foreclosure and we cannot help everyone who asks for our assistance. Legal Services of Greater Miami, Inc. is thrilled to have recent UM law school graduates working with us so that we can provide legal help to more homeowners.”

Despite being staffed by six full time staff attorneys, LSGMI is only able to represent a fraction of the low income home owners in Miami-Dade County who are facing the loss of their family home. The addition of the University of Miami School of Law Mortgage Foreclosure Defense Fellows will expand the number of low income homeowners LSGMI is able to assist while at the same time training new attorneys to address this serious community need.

About Legal Aid Service of Broward County

Legal Aid Service of Broward County, Inc. (LAS) has provided free civil legal services to the poor in Broward County for over 35 years. In 2005, a regional office in Collier County was opened to serve the civil legal needs of the disadvantaged population in Collier County. Despite having an experienced, culturally diverse staff of 60, including 21 attorneys in Broward County, LAS can only meet the needs of 40% of the clients who seek their help.

“In Broward County, we have seen over a 600% increase in foreclosure case filings since 2006,” said Legal Aid Service of Broward County, Inc. Director of Advocacy Shawn Boehringer. “Even before the foreclosure crisis, we had insufficient resources to address foreclosures. We certainly have not seen a 600% increase in funding to assist clients since 2006. We applaud Professor Froomkin and UM Law School for starting this pilot and we are looking forward to working with the talent they have provided us. UM is a great law school, and our clients will benefit tremendously from the assistance the fellows will provide.”

Posted in Econ & Money: Mortgage Mess, Law: Practice, Miami, U.Miami | 6 Comments