Category Archives: U.Miami

One of our recent LL.M. graduates, and a former student of mine, Dr. Daniel Schnabl, LL.M., has published a book with the imposing title of Die Anhörungsrüge nach § 321a ZPO. Gewährleistung von Verfahrensgrundrechten durch die Fachgerichte which apparently translates as “The Appeal for the Right to Be Heard According to § 321a of the German Code of Civil Procedure. The Guarantee of Basic Procedural Rights in the Courts.”

Here's the blurb:

The right to be heard is one of the essential guarantees in court proceedings granted by Article 103 I of the German Basic Law. Daniel Schnabl examines the new Section 321a, which was changed as of January 1, 2005 and provides an additional safeguard for the right to be heard in the German Code of Civil Procedure and in other procedural codes. Thus the significance of this topic transcends the code of civil procedure. The author gives detailed answers to legal and constitutional issues which are related to this new regulation. In conclusion, he examines whether or not the current version of Section 321a of the German Code of Civil Procedure is compatible with the rule of real legal protection which ensues from the general right to have recourse to a court. The author received an award from the “Dr. Feldbausch-Stiftung” for this thesis.

I'm sure it's just the start of a glittering academic career.

The University of Miami sent me the following helpful reminder (I added the photo for local color):

The natural Florida habitat and crocodiles at UM

Eight hundred to 1,000 wild American crocodiles live in the southern tip of the Florida peninsula; occasionally, one of these reptiles visits Lake Osceola on the Coral Gables campus. The University of Miami Police Department, Florida Fish and Wildlife Conservation Commission, and other University administrators have been closely monitoring the on-campus crocodile situation over the past few years. Attempts have been made on several occasions-some successful-to capture and relocate individual crocodiles to more suitable off-campus habitats. In addition, crocodile barriers have been erected in several locations to impede the reptiles from coming on campus.

The real issue is that South Florida is a natural habitat for crocodiles. The more the crocodile population recovers from the brink of extinction and the more humans encroach on their natural habitat, the more instances there will be of human-crocodile interactions. Crocodiles are very mobile in South Florida waterways, so the number in Lake Osceola is constantly changing and sometimes at zero. The good news is that if you show them respect and keep your distance, there is no need to worry. American crocodiles are a rather shy species of reptiles. So long as the University community respects the crocodiles' space and doesn't attempt to feed or harass them, there should be no problems. There is no record of the American crocodile attacking a human in Florida. Crocodiles are a federally protected, endangered species, and feeding, harassing, or otherwise harming them is a felony. If you see a crocodile on shore on campus, keep your distance and call UM Police at 305-284-1105. Further information on the American crocodile is available at www.myfwc.com, www.miami.edu/police, or through the UM Police Crime Prevention Office at 305-284-1105.

Shorter UM Reminder: Do not pet the crocodiles.

The UM School of Communications will be hosting Bar Camp Miami tonight.

I'm looking forward to it.

Sue-Ann writes, the anarchist is back:

For a while I thought that the person who perpetually moved the Anarchy and Order (or is it Order and Anarchy) from the proper place on the shelf at the UM Law Library, had graduated. The book had been in place during the whole of the first semester this year. The only movement was when the entire shelf of books was “shifted” to make room for more books and use empty space.

Well, I was wrong to jump to that conclusion.

The book was removed, once again, from its proper slot in the call number order of books on the shelf, and gently placed on it side a shelf below. Once again, I replaced it.

Previous related post: Library Performance Art.

I finished my grading the other day. I'm pleased to say that by and large the students in both Internet Law and Jurisprudence did really well. I turned in the highest grades I've given in years, maybe ever. Lots of A's.

Average score on the final for Internet Law was an astounding 3.14 (out of 4.0); by the time I factored in class participation the class average rose to a 3.29. I round down, so that 3.29 became a B, but even so about a quarter — a quarter! — of the class got an A.

The scores were even higher in Jurisprudence (a very small, and thus somewhat self-selected class): The exam average was 3.25 and the final average was 3.38. A third of the class got an A (including one A+ — not that it has any official meaning).

It's possible I just gave easy exams this year, but while I suppose they were a little predictable if you were paying attention, I don't think they were all that easy. We have great students — and they keep getting better.