“ AS THE JUDGE SIGNED THE FINAL JUDGMENT, THE EXECUTIVE DIRECTOR OF THE DISTRICT EMAILED THE U.S. PRESIDENT AND FLORIDA GOVERNOR TO SAY THE EVERGLADES WOULD BE RESTORED.”—ELAINE JOHNSON JAMES
laborated on the motion for rehearing. Typically, a party fi les a motion then awaits an order granting it before fi ling a brief and record excerpts in support of the motion. In Strand, the Supreme Court’s ini- tial opinion overturned 50 years of public fi nance law on which municipalities and counties relied to develop blighted urban areas. T e opinion roiled the fi nancial markets in Florida, causing Standard & Poor’s and Moody to put billions of dollars of municipal bonds “on watch with a negative out- look.” In order to advise the court of the impact of its opinion, I departed from tradition by fi ling the motion, brief, and record excerpts simultaneously and including in the excerpts publications from Standard & Poor’s and Moody (which admittedly were not in the record). Obviously, by including in the appendix information that was not in the record, I was inviting a motion to strike. I reasoned, however, that the court could not strike the appen- dix without reading it. Our strategy worked; before our opponent’s brief in opposition was served, the court issued a provisional opinion making clear that its opinion in Strand applied only prospectively and had no impact on bonds that already had been issued. T at provisional ruling temporarily calmed the fi nancial markets. I read the court’s opinion about 20 times and
eventually found an internal inconsistency in the court’s reasoning. As I began to argue, the chief justice noted that the court never previously had granted oral argument on a motion for rehear- ing. T en, one justice paused to write down the
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pages that were inconsistent. T at was a “gotcha” moment as I felt assured that the justice closely followed my argument. Subsequently, the court reversed the opinion that had invalidated the case precedent concerning tax increment fi nancing and com- pletely quieted the fi nancial markets.
You are an arbitrator who happens to be a female African American, something that is rare in the world of arbitrators. How long have you been active? How did you get involved?
T e American and National Bar Associations began initiatives to increase the number of women and minority arbitrators about ten years ago. In 2009, I decided to become certifi ed as an arbitrator to expand my practice. A diversity of experiences and perspec- tives among presiding offi cials is useful in arbitration, as in other forums. T e eff orts of the National and American Bar Associations to provide that diversity are beginning to bear fruit.
You worked with MCCA’s fi rst-ever Lifetime Achievement Award recipient—Vernon Jordan—at the National Urban League. What was that like?
At the National Urban League, I was blessed to work closely not only with Vernon Jordan but also with two other extraordinarily gifted African American lawyers, the late Hon. Ronald Brown, former Secretary of Commerce, and Maudine Cooper, who, like Ron, was a vice president of the NUL. T e experience of working with these gifted lawyers cemented my desire to attend law school. I vividly remember three things about Vernon. First, he was strategic in every encounter. Second, he was as comfortable in a corporate boardroom as in a greasy spoon diner in Harlem. T ird,
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