UF Law - University of Florida Levin College of Law

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UF Law - University of Florida Levin College of Law
UF Law
2013 report from the faculty
Faculty Scholarship & Spotlights | News briefs | Distinguished visitors
T
The law school at the University of Florida has leveraged more than
$32 million of new giving in the Florida Tomorrow campaign to continue our forward momentum and expand our engagement worldwide.
Despite the economic challenges of these times, we have appointed
great faculty, hosted prestigious and insightful speakers,
improved our facilities, successfully reduced school size
without causing severe fiscal stress, matriculated a diverse student body with strong credentials and demonstrated leadership abilities, provided them with a highquality education, and achieved solid placement
numbers in a very difficult market. In short,
faculty, alumni and staff working together have
transformed this school over the past few
years, and I invite you to visit and see this for
yourself if you are in the area.
—Dean Robert H. Jerry, II,
Levin Mabie & Levin Professor of Law
university of florida
levin college of law
T
The Levin College of Law Faculty uses its leadership skills in a variety of ways to meet the
challenges facing legal education. As scholars, we are actively engaged in writing books, articles and briefs, expressing our expert opinions on critical issues. As teachers, we are committed to providing our students an intellectually rigorous curriculum that prepares them
for the modern practice of law and helps them strengthen their own leadership skills. Our
graduates are distinguished leaders in Florida and throughout the country. This year, Eugene
Pettis (JD 85), became the first African-American president of The Florida Bar. National
and world leaders visited campus and shared their insights on current issues from the Trayvon Martin shooting
to same-sex marriage. As a faculty, we traveled throughout the United States and the world teaching, delivering papers and participating in conferences. Since 2010, we have had an impact in more than 60 countries
throughout Africa, South America, Central America, Asia, Europe, Australia and even the French Polynesian
Islands. You are invited to read this report and learn about our dynamic law school community and the many
exciting things happening right here on campus.
—Sharon E. Rush, Associate Dean for Faculty Development;
2013 report from the faculty
in this report
3
messages from dean & associate dean
4
news briefs
•UF Law brings five Florida governors together
• Florida Supreme Court judges Moot Court
• Professor wins ABA award in dispute resolution
• UF Law wins ABA Law Student Tax Challenge
• Life and death of racially restricted covenants
• NYT’s Charles Blow discusses Trayvon Martin case
• South African freedom fighter discusses human rights
• Georgetown professor assesses wins and losses in healthcare case
• Professor named outstanding tax attorney
• UF Law grad first African-American Florida Bar president
Irving Cypen Professor of Law
2
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2013 repor t from the faculty
6 Distinguished guests
•Former Justice John Paul Stevens offers taste of history
• Justice Clarence Thomas returns for Criser Lecture
8 faculty scholarship
•Publications from 2011-2013
9
13
17
21
25
faculty spotlights
Grayson McCouch
Darren Hutchinson
Karen Burke
Jason Nance
Lyrissa Lidsky
27 college facts and media activity
•
More than 600 media hits in 2012-2013
3
U F L AW HA P P ENINGS , EVENTS & ACHIEVEMENTS
uf law news briefs
Five former Florida governors discuss the state’s past and its future Oct. 12, 2012. From left are Govs. Reubin Askew (JD
56), Bob Graham, Bob Martinez, Buddy MacKay (JD 61), moderator Ben Diamond (JD 03) and Gov. Charlie Crist.
UF Law brings
together five
former governors
F
lorida’s environment, education, economic development and growth management were the primary topics of
conversation on Friday, Oct. 12,
2012, when five former Florida
Governors convened for the
Florida Law Review’s Allen L.
Poucher Legal Education Series.
The panel discussion, “Florida’s Future: A Conversation
with Florida Governors,” featured Govs. Reubin Askew (JD
56), Charlie Crist, Bob Graham,
Buddy MacKay (JD 61) and Bob
Martinez. The discussion was
moderated by UF Law alum Ben
Diamond (JD 03).
The two-hour conversation
ranged from economic development to the environment and
education.
“With a state moving as rapidly as Florida, we need to be
thinking not just to the next election or the next decade, but for
the next generations,” Graham
said, “and the way in which we
do that most fundamentally is an
investment in education.”
The Allen L. Poucher Legal
Education Series was established
by Betty K. Poucher in honor
of her late husband, Allen L.
4
Poucher Sr. The Poucher Legal
Education Series seeks to provide a venue for prominent legal,
political and business leaders to
discuss important issues facing
our nation and world.
The governors agreed that
mindfulness of water management and the environment in
Florida are among the most crucial issues facing Florida’s future. And Crist, who was governor during the 2010 BP oil spill,
pointed out the lessons that can
be learned from the incident.
“What did we learn from the
spill? Well, I think No. 1, the
last thing you ever want to do
is drill off the coast of Florida,”
Crist said. “I think the greatest wakeup call of all time, in
terms of how sensitive Florida
is and how dependent we are
on tourism as a very important part of our economy, was
evidenced by the BP oil spill.”
Florida Supreme
Court judges
Moot Court
T
he Florida Supreme Court
sat en banc at UF Law to
judge the Florida Moot
Court Team during the 29th annual Raymer F. Maguire Jr. Moot
Court Competition. It was the
second time in three years that
the entire Florida Supreme Court
has come together in the Martin
H. Levin Advocacy Center courtroom to judge the competition.
The teams presented legal
arguments based on questions
about a police detective’s qualified immunity from a civil liability arising out of the arrest of an
innocent man for a sex offense.
Professor wins ABA
award in dispute
resolution
L
eonard Riskin, Chesterfield Smith Professor of
Law, was honored with the
ABA’s Section of Dispute Resolution award for Outstanding
Scholarly Work on April 6 at the
section’s
15th ann u a l
spring
conference in
Chicago.
Since
coming
Riskin
to
UF
Law in
2007, Riskin has served as professor, mentor and director of the
Initiative on Mindfulness in Law
and Dispute Resolution. The ABA
recognized his extensive work
in alternative dispute resolution
with a focus on the perspectives
that lawyers bring to the work.
A story in the February issue of
the ABA Journal highlighted the
mindfulness field and its growing
acceptance in the legal field.
Riskin began to write about
and teach mediation in the early
1980s, and from that he became
interested in mindsets lawyers
use when addressing problems.
Riskin is the third recipient of
the ABA Dispute Resolution Section’s award for Outstanding
Scholarly Work since its creation
in 2011. Harvard Law School
Professor Frank E.A. Sander
and Georgetown University Professor Carrie Menkel-Meadow
received the award in years past.
UF Law wins ABA
Law Student Tax
Challenge
U
F Law claimed victory
at the American Bar Association Law Student
Tax Challenge as student teams
placed first and third in the Orlando competition where 88 teams
from 46 law schools nationwide
participated.
The Law Student Tax Challenge is a national tax-planning
competition sponsored by the
Young Lawyers Forum of the
Section of Taxation. In the competition’s 12-year history, the Tax
Challenge has become one of the
largest tax competitions for law
students in the U.S.
UF Law’s Tax Moot Court
had two of the six teams chosen
to participate in the J.D. semifinals and two of the three teams
chosen to advance to the finals.
Top prize went to Stephanie Malen (3L) and Paul
D’Alessandro Jr. (3L), coached
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The UF Law tax moot court teams finished first and third in an 88-team field at the Tax Law ABA Challenge in Orlando. From
left are coach and UF Law Professor Steven J. Willis, coach and visiting Assistant Professor Yolanda Jameson, coach and
LL.M. Tax Candidate Adam Smith, Paul D’Alessandro Jr. (3L), Stephanie Malen (3L), Sara Heuer (3L) and KaLynn Ryker (3L).
by Professor Steven J. Willis and
by Madison Felder and Adam
Smith, both LL.M. students. The
third-place team was comprised
of Sara Heuer (3L) and KaLynn
Ryker (3L). It was coached by visiting Assistant Professor Yolanda
Jameson.
William & Mary, Harvard, Columbia, University of Oregon, Syracuse, Northwestern, Georgetown
and the University of Virginia were
among the law schools competing.
Life and death of
racially restrictive
covenants
U
ntil the 1940s it was not
uncommon for property
deeds to include clauses
that restricted the sale of property to whites only. In 1948, the
Supreme Court ruled against
these racially restrictive covenants, and the practice was outlawed in 1968 by the Fair Housing Act.
But before the Supreme
Court could declare these restrictions on property unconstitutional, the market rebelled.
“In the early 20th century, African-Americans started
to move to cities,” Yale Law
School’s Carol M. Rose said at
UF Law’s annual Wolf Family
Lecture. “The hope was to escape the violence and oppression of the Southeast, so Cauca-
2013 repor t from the faculty
sians began to take legal routes
to get them out of their neighborhoods.”
She went on to explain that
though race-restriction laws
were Constitution-proof, they
were not property-proof. It became harder and harder to sneak
a Caucasians-only clause into
property contracts.
“The pool of potential
white buyers dried up,” Rose
explained. “The only feasible
buyers were minority members.
This resulted in kind of an odd
alliance between the white sellers and the black buyers: Both of
them wanted to get rid of restrictive covenants.”
NYT’s Charles Blow
discusses Trayvon
Martin case
A
man with a gun. A dead teen.
A hoodie.
These images have been
burned into the minds of Americans
as symbols of interracial crime, the
use of deadly force and even crime
reporting.
The Feb. 26, 2012, shooting of
a 17-year-old black teen walking
home in a hoodie in Sanford, Fla.,
made national news after the shooter was released by police without
charges. George Zimmerman was
later charged with second-degree
murder.
The lecture and interdisciplinary panel discussions brought myriad questions about this case to light
through a variety of interdisciplinary panels.
The New York Times op-ed columnist Charles Blow highlighted
the media’s role, and experts from
nine University of Florida departments offered insight at the all-day
event filmed by C-SPAN.
The arguments that “the way
he behaved, the things that he wore,
suggested he was not worthy of life
past Feb. 26 fall short,” Blow said.
“There is nothing that you can wear
that gives someone license to shoot
someone in the chest.”
Blow described the “cocoon”
media consumers place themselves
in. “People prefer to be affirmed in
their beliefs than challenged,” he
said. “I believe that is what we’ve
seen in the Trayvon Martin case.
People know what they want to believe and only listen to sources who
confirm it.”
of the lifelong battle he’s fought
for human rights.
The 78-year-old former justice of the Constitutional Court
of South Africa spoke March 26
about gay marriage. It was also
the opening day of the U.S. Supreme Court’s hearing of arguments about two cases involving
same-sex marriage.
Even before he served on the
Constitutional Court, Sachs was
known as an advocate against
racism, repression and apartheid.
He was imprisoned, tortured and
banned for his freedom fighting,
but he wasn’t silenced. In 1988,
a car bomb placed by South African security agents blew up
when he opened his door, causing him to lose his right arm and
vision in one eye.
Sachs shared stories from his
experience on the Constitutional
Court and his thoughts about the
opinion he wrote in a case that
legalized same-sex marriage in
South Africa in 2005. Sachs reasoned in that opinion that “the
very constitution that protects
the rights of same-sex couples to
express their love and intimacy
and commitment in the same way
heterosexual couples do protects
the rights of faith communities to
follow their faiths in the way that
they want to do.”
South African
freedom fighter
talks human rights
A
lbie Sachs sat on a table
at the front of the Chesterfield Smith Ceremonial Classroom wearing a goldpatterned shirt and a calm expres
sion. His right sleeve hung empty beside his body — a casualty
Albie Sachs, former justice of the
Constitutional Court of South Africa,
spoke at UF Law in March.
News Briefs continued on page 26
5
U F L AW HA P P ENINGS , EVENTS & ACHIEVEMENTS
distinguished guests
Former Justice John Paul Stevens
offers taste of history at UF Law
A
t 92, retired Supreme Court Justice John
Paul Stevens is a walking, talking history lesson in American jurisprudence.
Serving on the court from 1976 through 2010
and before that as a federal judge and antitrust
lawyer from Chicago, Stevens has a lifetime of
experience and legal wisdom to impart. This he
readily did Feb. 5 in the Marcia Whitney Schott
Courtyard of UF Law as the Marshall M. Criser
Distinguished Lecturer.
UF Law Professors Kenneth Nunn, John
Stinneford and Danaya Wright engaged Stevens on myriad topics including proportionality in sentencing, applying history to decisions,
changing technology, experiences and court
opinions from his years as a justice.
“You don’t at the time you’re working
on a case always appreciate what its longrun impact will be,” Stevens observed before
hundreds seated in the Marcia Whitney Schott
Courtyard.
Stevens was speaking of Chevron U.S.A.,
Inc. v. Natural Resources Defense Council,
Inc. — a case Stevens said he believed to be a
routine case in 1984 when he wrote the majority opinion. In the years since, it has become
Former Supreme Court Justice
John Paul Stevens speaks to UF
Law Professors, from left, John
Stinneford, Danaya Wright and
Kenneth Nunn during the Marshall
M. Criser Distinguished Lecture held
Feb. 5 in the UF Law courtyard.
Stevens, who also spoke at the inaugural
one of the most widely cited cases in adminCriser Lecture at UF Law in 2008, addressed
istrative law.
Stinneford noted after the talk that Ste- his legacy as a Supreme Court justice when
vens’ experience can serve as a cautionary Nunn suggested that his opinions seemed to
grow more liberal over the years.
tale:
“To tell you the truth, I think I’m a good
“This is a nice reminder that we should
deal more conservative
take even the mundane
than people often assume
events of our lives seriously, as they may turn out
I feel very strongly
“I think I’m a good because
that judges should not be
to have a bigger impact on
our lives than we realize at deal more conserva- deciding certain issues,” he
the time.
tive than people of- said. “I’m sure I must have
to a certain ex“Justice Stevens not
ten assume because changed
tent, but I don’t think I’ve
only appears to have enI feel very strongly changed a tenth as much
cyclopedic memory of his
decisions during his term
that judges should as the court in general has
on the court, but he rememchanged.”
He said Supreme Court
bers his reasons for reach- not be deciding certain issues.”
appointees beginning with
ing the conclusions he did
him were more conservaand also the countervailing
—Justice John Paul Stevens
tive than their predecessors.
arguments that might have
led him to decide differNunn said one of the
most valuable things he
ently,” Stinneford said. “As
someone who can’t remember what I had for learned during Stevens’ visit was just how imbreakfast this morning, I found this very im- portant the actual facts of a case are for decision making on the Supreme Court.
pressive.”
Clarence Thomas returns to UF Law for Criser Lecture
U
nited States Supreme Court Justice
Clarence
Thomas made national news at UF
Law in September 2012 when he
dismissed U.S. News & World Report rankings and suggested that
a law degree from an Ivy League
school shouldn’t carry more
weight than any other law degree.
While those remarks – made during the Marshall M. Criser Distinguished Lecture in Law – garnered
the most attention in the press,
they were just a small portion of
Thomas’ message to UF Law,
which emphasized the importance
of positivity and hard work.
Thomas touched on legal
topics, but he also mixed lighthearted humor with hard-won advice for students about the difficulties of law school, and insights
into how his experiences growing
up in the segregated South helped
shape his worldview as an adult.
“I found law school to be as
clear as cement,” Thomas said in
his opening remarks. “It was a
very, very difficult experience.”
He said that the law does eventually reach a point of clarity, but
for him it wasn’t until years after
he had earned his J.D. from Yale.
“It’s one of the reasons I’ve
asked during my visits to spend
more time with students,” Thomas said, “to reassure students in
many ways that (law school) isn’t
always unclear; that it may be difficult and complex but at some
point the clouds open and you
begin to see things a little better.
Maybe it’s experience, maybe it’s
maturity. Maybe it’s just life.”
This was Thomas’ second
visit to UF Law – he delivered the
Criser Lecture in 2010. Thomas dined with students, fielded
numerous questions in a casual
classroom atmosphere and spoke
to hundreds gathered in the Marcia Whitney Schott Courtyard.
Before heading back to Washington, the diehard Sooner fan
took in Florida’s bludgeoning of
Kentucky at the Swamp. “The students asked excellent and broadranging questions,” said UF Law
Professor Amy Mashburn (UF
JD 87), whose Introduction to
Lawyering classes received
visits from Thomas. “Justice
Thomas was willing to answer all
of them and was extremely warm
and approachable.”
His willingness to discuss his
personal life before joining the
Supreme Court put students at
ease, and many were surprised at
how easy it was to engage in a discussion with him, Mashburn said.
A common thread in Thomas’ advice to students was that they
should not allow rankings, prejudices, elitism or bad job prospects
to define them.
Mashburn said she also
learned a few things from Thomas’ classroom visits, including the
fact that commercial cases were
largely disappearing from the Su-
preme Court’s docket because
of the prevalence of arbitration
clauses. She also learned that he
watches “Man vs. Food.”
The Criser Lecture was structured as a “conversation” with UF
Law students. Lauren Humphries
(1L), David R. Maass (3L), Eric
Netcher (3L) and Zack Smith
(3L) shared the stage with Thomas in the Marcia Whitney Schott
Courtyard at UF Law on Sept.
21, passing a microphone among
the group as they asked questions
of the justice.
Smith, who is editor-in-chief
of the Florida Law Review, said
he and the other students met
Thomas briefly before the lecture
and, along with about 20 other
law students, had lunch with him
afterward.
“Justice Thomas was very
personable in these settings and
was genuinely interested in talking to students and answering our
questions,” Smith said. “I was
impressed with his ability to recall everyone’s names and with
the fact that he made a point to
speak to everyone in the room.”
Thomas, who graduated from
Yale Law School, discussed how
the most important mentors he’s
had in his life weren’t the ones
with the most formal education,
but rather it was his family growing up, and the people he surrounds himself with every day.
“I don’t know if you saw the
movie ‘The Help,’ but that’s basically where I grew up,” he said.
“That’s my family, that’s my
neighborhood, those are the people who were the wisest people,
they were good people … those
people are wise because they’ve
managed to get through life in a
good way.”
Those were the people who
instilled in him a sense of hope
and positivity, Thomas said, and
it wasn’t until he was surrounded by privileged Ivy Leaguers
that he was exposed to, and filled
with, a sense of cynicism and
negativity. When asked about advice for graduating law students,
Thomas said to stay positive.
“I can’t tell you to use my experience because I was decidedly negative when I got out of law
school and quite bitter and even
quite cynical – that’s why I try to
THOMAS continued on page 26
6
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2013 repor t from the faculty
7
faculty scholarship
TENUREd &
Tenure-TRACK
Mary Jane Angelo
University of Florida Research
Foundation Professor; Alumni
Research Scholar; Director,
Environmental and Land Use Law
Program
The Law and Ecology of Pesticides and
Pest Management (Ashgate, 2013) •
“Assessing Risks to Endangered and
Threatened Species from Pesticides”
__ (with Committee on Ecological
Risk Assessment under FIFRA and
ESA), National Research Council of
the National Academy of Sciences
(2013) • Co-Editor, Food, Agriculture,
and the Environment: History, Law,
and Sustainability (with Jason J.
Czarnezki and William S. Eubanks
II) and contributor of five chapters
“An Overview of the Modern Farm
Bill” (with Joanna Reilly-Brown),
“The Environmental Impacts of
Industrial Fertilizers and Toxic
Pesticides” (with Seth Hennes),
“The Federal Insecticide, Fungicide
and Rodenticide Act,” “Agriculture
and the Clean Water Act” (with
James F. Choate) and “Into the
Future: Building a Sustainable and
Resilient Agricultural System for a
Changing Global Environment” (ELI
Press, 2013) • “Progress Toward
Restoring the Everglades: the Fourth
Biennial Review,” (with Committee
on Independent Scientific Review of
Everglades Restoration Progress),
National Research Council of the
National Academy of Sciences (2012)
• “Survey of Florida Water Law” in
Waters and Water Rights (Robert E.
Beck, ed.) (Matthew Bender & Co.,
Inc.) (2012 update) • “Reclaiming
Global Environmental Leadership:
Why the United States Should Ratify
Ten Pending Environmental Treaties”
(with Rebecca Bratspies, David Hunter,
John H. Knox, Noah Sachs, and
Sandra Zellmer, Center for Progressive
Reform White Paper No. 1201) (2012)
• “Small, Slow and Local: Essays on
Building a More Sustainable and Local
Food System,” 12 Vt. J. Envtl. L. 1
(2011) • “Water Quality Regulations and
Policy Evolution” (with Kati Migliaccio)
in Water Quality, Concepts, Sampling,
and Analysis (Yuncong Li and Kati
Migliaccio, eds.) (CRC Press, 2011)
ROGER D. BLAIR
Affiliate Professor; Walter J. Matherly
Professor, Department of Economics
“The Economics of Class Actions,”
in Oxford Handbook of International
Antitrust Economics, (with Christine
Durrance) (Roger D. Blair and D.
Daniel Sokol, eds.) (Oxford U. Press,
forthcoming, 2014) • “Bilateral
Monopoly and Antitrust Policy,” in
Oxford Handbook on International
Antitrust Economics, (with Christina
DePasquale) (Roger D. Blair and D.
Daniel Sokol, eds.) (Oxford U. Press,
forthcoming, 2014) • “Corporate
Compliance: An Economic Approach,”
Managerial and Decision Economics
(with Thomas Knight) (forthcoming,
2013) • “Welfare Standards in U.S.
and EU Antitrust Enforcement,”
102 Fordham L. Rev. 2497 (2013)
• “The Rule of Reason and the
Goals of Antitrust: An Economic
Approach,” (with D. Daniel Sokol),
78 Antitrust L. J. 471 (2012) •
“Franchise,” (with Hanny Lane), in
Palgrave Encyclopedia of Strategic
Management, (David Teece, ed.)
(2012) • “Baseball’s Antitrust
Exemption: History and Current
Relevance,” (with Jessica S. Haynes),
in Oxford Handbook of Sports
Economics, (S. Shmanske and L.
Kahane, eds.) (Oxford U. Press, 2012)
• “Monopsony, Monopsony Power,
and Antitrust Policy,” (with Jessica
S. Haynes), in Research Handbook
on the Economics of Antitrust
Law, (Einer Elhauge, Edward Elgar
Ltd., eds.) (2012) • “A Note on
the Consequences of Monopsony
When Goods are Jointly Produced
In Fixed Proportions,” (with Jessica
S. Haynes), in 40 Rev. of Industrial
Organization 75 (2012) • Sports
Economics, (Cambridge U. Press,
2011) • “An Interdisciplinary Approach
to Teaching Antitrust Economics,”
(with Christine Durrance), in The
International Handbook on Teaching
and Learning Economics, (G. Hoyt
and K. McGoldrick, Aldershot, eds.)
(Edward Elgar Press, 2011) • “The
Efficiency Defense in the 2010
Horizontal Merger Guidelines,”
(with Jessica S. Haynes) 39 Rev. of
Industrial Organization 57 (2011) •
“Considerations of Countervailing
Power,” (with Christina DePasquale),
39 Rev. of Industrial Organization 137
(2011)
This compilation includes printed and online scholarly publications from 2011 through 2013.
A complete faculty list, faculty vitae and lists of publications are online at www.law.ufl.edu/uflaw-faculty.
Angelo
8
Blair
Brauner
Burke
Cohen
Cohn
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M
My teaching and scholarship focuses on the processes of accumulating and managing
wealth and transmitting it from one generation to the next. Keeping up with rapidly
evolving estate planning practice poses a daunting task for lawmakers and law reformers.
My current work focuses on “dynasty trusts,” which are widely promoted as a device for
avoiding taxes and defeating creditors’ claims. On closer examination, I am concerned
that settlors of dynasty trusts often fail to appreciate the tradeoffs involved, and I believe
that the trust and estate bar has an important role to play in counseling clients about the
long-term consequences of creating these trusts.
Collier
Dale
2013 repor t from the faculty
Davis
—Grayson McCouch, Gerald Sohn Professor of Law
Dilley
DiMatteo
Dowd
9
Yariv Brauner
Professor; Alumni Research Scholar,
University of Florida Research
Foundation Professor
“United States” chapter, in Eduardo
Baistrocchi (ed.), Resolving Tax
Treaty Disputes: Global Theory
and Practice (Cambridge University
Press, forthcoming, 2013) • Book
Review: Daniel N. Shaviro, Fixing
U.S. International Taxation in the __
Jerusalem Review of Legal Studies __
(forthcoming, 2013) • “United States”
chapter in Resolving Tax Treaty
Disputes: Global Theory and Practice
(Eduardo Baistrocchi, ed.), (Cambridge
University Press, forthcoming, 2013)
• “Taxation of Companies on Capital
Gains on Shares under United States
Law and Tax Treaties,” in Taxation
of Companies on Capital Gains on
Shares under Domestic Law, EU Law
and Tax Treaties (Guglielmo Maisto,
ed.) (IBFD, forthcoming, 2013) •
“United States National Report to the
2013 IFA Annual Congress, Subject I:
The taxation of foreign passive income
for groups of companies” (with Mindy
Herzfeld), in IFA, 98a Cahiers de Droit
Fiscal International (2013) • “CCCTB
and Fiscally Transparent Entities – A
Third Countries’ Perspective,” in
Corporate Income Taxation in Europe:
The Common Consolidated Corporate
Tax Base (CCCTB) and Third Countries
(Lang et.al., eds.) (Edward Elgar, 2013)
• “The History of Israeli Tax Treaties”
(with Shay Menuchin), in History of
Double Tax Conventions (Reimer, et.
al., eds.) (Linde, 2013) • “Beneficial
Ownership in United States’ Tax
Law,” in Beneficial Ownership (Lang
et al., eds.) (Linde, 2013) • Editor and
author of introduction (with Miranda
Stewart), Tax, Law and Development
(Edward Elgar, 2013) • “The Future of
Tax Incentives” (book chapter), in Tax
Law and Development (Yariv Brauner
and Miranda Stewart, eds.) (Edward
Elgar, 2013) • “Choice of Entity (?),” in
David Gliksberg, Ed., The Arie Lapidot
Book (The Harry and Michael Sacher
Institute for Legislative Research &
Comparative Law, Hebrew University,
2013) • Update to Art. 5 of the
OECD Model, in the IBFD Permanent
Establishment Online Database (2013)
• “The Flight Attendants’ Cases,”
report in Lang, et al., Tax Treaty
Case Law around the Globe - 2012
(Linde, 2013) • Editor, The Proper
Tax Base: Structural Fairness from
an International and Comparative
Perspective (with Martin J. McMahon),
and book chapter, “Formula Based
Transfer Pricing” (A Volume in Honor
of Paul R. McDaniel) (Kluwer Law
International, 2012) • Editor, Tax Law
and Development (with Miranda
Stewart) (Edward Elgar, 2012) •
“The Future of Tax Incentives” book
chapter in Tax Law and Development
(Yariv Brauner and Miranda Stewart,
eds.) (Edward Elgar, 2012) •
“Formulary Taxation and Transfer
Pricing: the Good, the Bad, and
the Misguided,” in The 2011 GREIT
Annual Conference Proceedings
(2012) • United States Report (with
Christine Allie), in Lang et al. (Ed.),
Tax Provisions in Non-Tax Agreements
(Linde Verlag, 2012) • CCCTB and
Fiscally Transparent Entities – A
Third Countries’ Perspective (Linde,
Vienna, Austria 2012) • Art. 5 of the
OECD Model, in the IBFD Permanent
Establishment Database (2012) •
“Beneficial Ownership in United
States’ Tax Law,” in Lang et. al.,
Beneficial Ownership (Linde, 2012) •
Goosen case report, in Kemmerren
et. al., Tax Treaty Case Law around
the Globe - 2011 (Eucotax 2012) •
Aloe Vera case report, in Kemmerren
et. al., Tax Treaty Case Law around
the Globe - 2011 (Eucotax 2012) •
United States Report, in the 2011
Russia-Asia Annual Law Conference,
Ural State University, Yekaterinburg,
Conference Proceedings (2012) •
U.S. International Taxation – Cases
and Materials, (3rd Ed.) (with Reuven
S. Avi-Yonah and Diane M. Ring)
(Foundation Press, 2010) (including
a Teacher’s Manual, 2011) • “The
Meaning of ‘Enterprise,’ ‘Business’
and ‘Business Profits’ under United
States Tax Treaties and Domestic
Law” (with Allison Christians), in The
Meaning of “Enterprise,” “Business”
and “Business Profits” under Tax
Treaties and EU Tax Law (Guglielmo
Maisto, ed.) (IBFD, 2011) • “Policy
Forum: Taxation of Corporate Groups
— Lessons from the United States,
59(2) Canadian Tax J. 295 (2011) •
Xiinx case report, in Lang et al., Tax
Treaty Case Law around the Globe
- 2010 (Linde, 2011) • Procter &
Gamble Case report, in Lang et al.,
Tax Treaty Case Law around the Globe
- 2010 (Linde, 2011) • “Why Does the
United States Conclude Tax Treaties?
And Why Does it not Have a Tax
Treaty with Brazil?” (in Portuguese),
in 26 Revista Direito Tributário Atual
109 (2011), and in the 2011 Bi-Annual
IBDT International Tax Conference
Proceedings (under the auspices of
the University of Sao Paulo)
Fenster
Friel
Harrison
10
Flournoy
Germain
KAREN C. BURKE
Professor of Law; Richard B. Stephens
Eminent Scholar
Partnership Taxation (2d ed.) (with
George Yin) (Aspen Law & Business,
2013) • Federal Income Taxation of
Partners and Partnerships (4th ed.)
(West Group, 2013) • “Passthrough
Entities: The Missing Element in
Business Tax Reform,” 40 Pepp. L. Rev.
1329 (2013) • “Notable Corporate Tax
Articles of 2012” (with Barry), 139 Tax
Notes 651 (2013) • “Reflections on
Hernández-Truyol
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
Penalty Jurisdiction in Tigers Eye” (with
Grayson McCouch), 136 Tax Notes
1581 (2012) • “Illusory Partnership
Interests and the Anti-Antiabuse Rule”
(with Grayson McCouch), 132 Tax
Notes 813 (2011) • “Framing Economic
Substance,” 31 Va. Tax Rev. 271 (2011)
• Corporate Taxation (with George Yin)
(Aspen Law & Business, 2011)
Jonathan R. Cohen
Professor; Associate Director, Institute
for Dispute Resolution
“Conflicts as Inner Trials: Transitions
for Clients, Ideas for Lawyers,” 13
Cardozo J. of Conflict Resolution
393 (2012) • “Fostering RaceRelated Dialogue: Lessons from a
Small Seminar,” 22 Univ. of Fla. J.
of L. and Public Policy 407 (2012)
• “The Path between Sebastian’s
Hospitals: Fostering Reconciliation
after a Tragedy,” 17 Barry L. Rev. 89
(2011)
Stuart R. Cohn
John H. and Mary Lou Dasburg
Professor
Securities Counseling for Small and
Emerging Companies (West, 2011-12)
• Florida Business Laws Annotated:
Commentary, Cases and Forms (with
Stuart D. Ames) (West, 2011-12) •
“The New Crowdfunding Registration
Exemption: Good Idea, Bad
Execution,” 64 Fla. L. Rev. 1433 (2012)
• Florida Business Laws Annotated:
Commentary, Cases and Forms (with
Stuart D. Ames) (West, 2010-11)
Charles W. Collier
Professor; Affiliate Professor of
Philosophy
“The Death of Gun Control: An
American Tragedy,” 40 Critical
Inquiry__ (forthcoming, 2014) • “Gun
Control in America: An Autopsy
Report,” 60:3 Dissent 81 (2013) • “An
Inefficient Truth,”23:1-2 Critical Rev.
Hutchinson
Jerry
2013 repor t from the faculty
29-71 (2011)
(Aspen Inst., 2011)
Elizabeth Dale
University of Florida Research
Foundation Professor, 2013-2015;
Professor of Law and Professor of
History
“From Opera to Real Democracy:
Popular Constitutionalism &
Web 2.0,”__ Journal of Critical
Globalisation Studies 6 (London) (2013)
• “Reconsidering the SeventeenthCentury: Legal History in the Americas,”
in Blackwell Companion to American
Legal History (Sally Hadden and
Alfred Brophy, eds, Blackwell, 2013) •
“Criminal Law and Justice in America,”
in Blackwell Companion to American
Legal History 422 (Sally Hadden
and Alfred Brophy, eds.) (Blackwell,
forthcoming, 2013) • “The Su Bao
Case and the Layers of Everyday
Citizenship in China, 1894-1904,”
Multilayered Citizenship 110 (Willem
Maas, ed.) (U. Penn. Press, 2013) •
Criminal Justice in the United States
1789-1939, (Cambridge U. Press,
2011) • The Chicago Trunk Murder:
Law and Justice at the Turn of the
Century (Northern Illinois U. Press,
2011) • “Popular Sovereignty: A Case
Study from the Antebellum Era,”
Constitutional Mythologies: New
Perspectives on Controlling the State
81 (Alain Marciano, ed.) (Springer,
2011) Jeffrey Davis
Professor of Law; Gerald A. Sohn
Research Scholar
“Choosing Among Innocents: Should
Donations to Charities be Protected
from Avoidance as Fraudulent
Transfers” 22 Univ. of Fla. J. of L. and
Public Policy 407 (2012)
Patricia E. Dilley
Professor
Social Security: The House that
Roosevelt Built (with Panela Perun)
Johnston
King
LARRY A. DiMATTEO
Affiliate Professor; Huber Hurst
Professor of Contract Law & Legal
Studies, Warrington College of
Business Administration
Commercial Contract Law:
Transatlantic Perspectives
(Cambridge U. Press, 2013) •
International Sales Law: A Global
Challenge (Cambridge U. Press, 2014)
• International Contracting: Law &
Practice (3d ed.) (Wolters Kluwer Law
International, 2013) • “Principle of
Fair and Equitable Decision-making in
International Contract Arbitration and
its Affinity to International Soft Law,”
2 Chinese J. Comp. L. ___ (Oxford
University Press, 2013) • “Contract
Stories: Importance of Contextual
Approach to Law”, ___Washington
L. Rev. ___ (forthcoming, 2013) •
“CISG as Basis for Comprehensive
International Sales Law”, 58 Villanova
L. Rev. 691 (2013) • “CISG in National
Courts,” International Sales Law:
A Global Challenge (Cambridge U.
Press, 2012) • “Contract Law as Core
and Contract Law as Peripheral: Fifty
Years of Contract Law Scholarship,”
50 American Bus. L.J. 1 (2012) • “The
Curious Case of Transborder Sales
Law” in CISG and Regional Private
Law Unification (Sellier European
Publishers, 2012) • “Transatlantic
Perspectives: Fundamental Themes
and Debates” in Commercial
Contract Law: A Transatlantic
Perspective (with Qi Zhou and
Severine Saintier) (Cambridge U.
Press, 2012) • “Parallel National and
International Laws — Czech Law and
the Proposed Common European
Sales Law,” 3 Czech Yearbook of
Public & Private International Law
207 (2012) • “Unifying International
Sales Law,” in Commercial Contract
Klein
Lidsky
11
Law: A Transatlantic Perspective
(Cambridge U. Press, 2012) •
“Strategic Contracting” (with
George Siedel and Helena Haapio),
in Proactive Law, (DJØF Publisher:
Copenhagen, DN, 2012) • “CISG
in National Courts,” Global
Challenge of International Sales Law
(Cambridge U. Press, 2012) • “False
Dichotomies in Commercial Contract
Interpretation,” 11 J. Int’l Trade L. &
Policy 27 (2012) • “Law in Context:
Teaching Legal Studies through
the Lens of Extra-Legal Sources,”
(with Sandra Miller), 29 J. Legal
Studies Educ. (2012) • “Interpretive
Uncertainty: Methodological Solutions
for Interpreting the CISG,” (with
André Janssen), 2 Netherlands J. of
Commercial Law 52 (2012) • “Justice,
Employment, and the Psychological
Contract,” (with Robert Bird and
Jason A. Colquitt), in 90 Or. L. Rev.
449 (2011) • “The Scholarly Response
to the Harmonization of International
Sales Law,” 30 J. Law & Commerce
1 (2011) • “Cosmopolitanism and
the Private Law Text,” 5 European
Rev. of Private Law 669 (2011) • “The
Transformation of American Business
Organizations: The Ascendency of
the Limited Liability Company,” 110
J. of Comp. L. 37 (2011) • “Critical
Issues in the Formation of Contracts
under the CISG,” 3 Belgrade L. Rev.
67 (2011) • “Comparative Efficiency in
International Sales Law,” (with Daniel
Ostas), 26 Am. U. Int’l L. J. 102 (2011)
Nancy E. Dowd
David H. Levin Chair in Family Law;
Director, Center on Children and
Families
“Unfinished Equality: The Case of
Black Boys,” ___ Ind. J. L. & Soc.
Equality ___ (forthcoming, 2014) • Editor, Families, Law and Society book series (NYU Press, since 2009) • “What
Men? The Essentialist Error of The
End of Men,” 93 B.U. L. Rev. (2013) •
“Asking the Man Question: Masculinities Analysis and Feminist Theory,” in
Exploring Masculinities: Feminist Legal
Theory Reflections, (Michael Thomson
and Martha Fineman, eds.) (Ashgate,
2013) • “Conceptualizing Elder Law,”
in Different Approaches to Elder Law: Introduction to the Norma Elder Law
Research Environment (Ann Numhauser-Henning, ed) (Norma Elder Law
Workshop Lund, 2013) • “A Review of
Fifty Years of Family Law: Essays for
Stephen Cretney,” 46 Fam. L. Q. 473
(2013) • “Sperm, Testosterone, Masculinities, and Fatherhood” 13 Nev. L. J.
101 (2013) • “Fatherhood and Equality: Reconfiguring Masculinities,” 45
Suff. L. Rev. 1049 (2012) • “Collaborative Law at Divorce in the United States,”
in “Le ragioni degli altri”. Mediazione
e famiglia tra conflitto e dialogo: una
prospettiva comparatistica ed interdisciplinare (“The reasons of the others”.
Mediation and family between conflict
and dialogue: a comparative and interdisciplinary perspective) (Elena Urso,
ed.) (2012) • “Masculinities and Law: Feminist Legal Theory Meets Masculinities Theory” (with Nancy Levit and
Ann McGinley), in Masculinities and
Law: A Multidimensional Approach
(Frank Rudy Cooper and Ann McGinley, eds.) (NYU Press, 2012) • Justice
for Kids: Keeping Kids Out of the Juvenile Justice System (editor and author of introduction) (NYU Press, 2011)
Mark A. Fenster
Professor; Cone, Wagner, Nugent,
Hazouri & Roth Tort Professor
“The Implausibility of Secrecy,” 63
Hastings L. J. ___ (forthcoming, 2013)
• “Disclosure’s Effects: WikiLeaks
and Transparency,” 97 Iowa L. Rev.
753 (2012) • Online symposium, with
response essays and author response,
in 97 Iowa L. Rev. Bull. 51 et seq.
(2012) • “The Transparency Fix:
Advocating Legal Rights and
Their Alternatives in the Pursuit of a
Visible State,” 73 U. Pitt. L. Rev. 443
(2012) • “Failed Exactions,” 36 Vt.
L. Rev. 623 (2012) • “Foreword,”
to Victoria Pagán, Conspiracy
Theories in Ancient Rome ((U. of
Texas Press, 2012) • “Teoriziranje
konspirativne politke,” 47 Dialogi:
Revija Za Kulturoin Družbo 22 (2011
Translation into Slovenian of Chapter
2, Conspiracy Theories: Secrecy and
Power in American Culture (ed.) (U. of
Minnesota Press, 2009)
Alyson Craig Flournoy
Senior Associate Dean for Academic
Affairs; Professor; Alumni Research
Scholar
“Incorporating Resilience and
Innovation into Law and Policy: A case
for preserving a natural resource legacy
and promoting a sustainable future”
(with Tarsha Eason, Heriberto Cabezas
and Michael Gonzalez) in SocialEcological Resilience and Law (Ahjond
S. Gamestani and Craig R. Allen, eds.)
(Columbia Univ. Press, forthcoming,
2014) • “Wetlands Regulation in an
Era of Climate Change: Can Section
404 Meet the Challenge?” (with
Allison Fischman) 4 G.W. J. of Energy
& Envt’l L. 67 (forthcoming, 2013) •
“Three Meta-Lessons Government
and Industry Should Learn from the BP
Deepwater Horizon Disaster and Why
They Won’t,” 38 B.C. Envtl. Aff. L. Rev.
281 (2011)
Michael K. Friel
Associate Dean and Director,
Graduate Tax Program; Professor
Understanding Federal Income
Taxation (with Martin Burke) (4th
Edition, 2013) (LexisNexis) • Modern
Estate Planning (with Martin Burke and
Elaine Gagliardi) (2012-13 updates
to 5-volume treatise) (LexisNexis) •
Taxation of Individual Income (with
Martin Burke) (10th Edition, 2012)
(LexisNexis) • Treatise, Modern Estate
Planning (2nd ed.) (with Martin Burke
and Elaine Gagliardi) (Matthew Bender
LexisNexis, Annual Supp., 2009-11)
claire m. germain
Associate Dean for Legal Information;
Clarence J. TeSelle Professor of Law
“Worldwide Access to Foreign
Law: International and National
Developments Toward Digital
Authentication,” 9 Comparative
Law Journal of the Pacific- Journal
de Droit Comparé du Pacifique 185
(2013) • “CISG: Translation Issues:
Reducing Legal Babelism,” in Global
Challenge of International Sales Law,
(Larry DiMatteo, ed.) (Cambridge U.
Press, 2013) • “Digitizing the World’s
Laws,” in International Handbook of
Information Management 181 (Richard
Danner and Jules Winterton, eds.)
J
Joining the faculty of the University of Florida Levin College of Law has already
enhanced my scholarship and teaching. The law school sits on the campus of one of
the largest research institutions in the world. Already among the top public universities in the nation, the University of Florida will undoubtedly continue to improve
upon its excellent reputation. The diversity and strength of graduate research programs at the University of Florida permit legal scholars to collaborate on projects
with leading scholars in the social sciences, humanities, and physical sciences. I am
excited about working in such a dynamic and intellectually stimulating environment.
Luke
12
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
—Darren Hutchinson, Professor of Law; Stephen C. O’Connell Chair
Malavet
2013 repor t from the faculty
Marian
Mashburn
McCouch
McMahon
13
(Ashgate, 2011) • “The French Jury at
a Crossroads,” (with Valerie P. Hans),
74 Chicago-Kent L. Rev. 101 (2011)
Jeffrey L. Harrison
Stephen C. O’Connell Chair
“Private Antitrust Enforcement in
the United States and the European
Union: Standing and Antitrust Injury,”
in Oxford Handbook of International
Antitrust Economics, (Daniel Sokol
and Roger Blair, eds.) (forthcoming,
2014) • Understanding Antitrust and
its Economic Implications (with E.T.
Sullivan) (LexisNexis, 6th ed.) (2013)
• Law and Economics: Positive,
Normative and Behavioral Perspectives
(West Publishing, 3rd ed.) (2013) •
“Hot News: Toward a Functional
Approach,” (with Robyn Shelton) 34
Cardozo L. Rev. 1649 (2013) • “A
Nihilistic View of the Efficient Breach”
___ Mich. St. L. Rev. ___ (forthcoming,
2013) • “Complications in the
Antitrust Response to Monopsony,”
in Global Limits of Antitrust (Daniel
Sokol & Ioannis Lianos, eds.) (Stanford
U. Press, 2012) • “The Influence of
Law and Economics Scholarship on
Contract Law: Impressions TwentyFive Years Later,”68 N.Y.U. Ann.
Surv. Amer. L. 1 (2012) • “Privacy,
Copyright, and Letters,” 3 Elon College
L. Rev. 161 (2012) • Law and Economics
in a Nutshell (5th ed.) (West, 2011)
• “Regulation, Deregulation, and
Happiness,” 32 Cardozo L. Rev. 2369
(2011) • “Law and Happiness,” Book
Review, 21 Fla. J. L. & Public Policy 413
(2011)
Berta Esperanza HernándezTruyol
Levin, Mabie and Levin Professor;
Associate Director, Center on
Children and Families
“Culture Clashes: Indigenous
Populations and Globalization — The
Case of Belo Monte,” in Ideology,
Mills
14
Nagan
Politics and Demands in Spanish
Language, Literature and Film (Teresa
Fernández Ulloa, ed.) (Cambridge
Scholars Publishing, 2012) • “Latina/o
Indigenas” (with Dr. Devon Peña), in
The Oxford Encyclopedia of Latino/a
Politics, Law and Social Movements
(2012) • “Indigenous Hispanics Living
in the Americas” in The Oxford
Encyclopedia of Latino/a Politics, Law
and Social Movements, (forthcoming,
2014) • Senior Editor, The Oxford
Encyclopedia of Latinos and Latinas
in Contemporary Politics, Law, and
Social Movements (Deena Gonzalez &
Suzanne Oboler, eds.) (Oxford U. Press,
2012) • “A Need for Culture Change:
GLBT Latinas/os and Immigration,”
6 FIU L. Rev. 269 (2012) • “Revisiting
Mothering? – A Mother’s Thoughts:
A Response to Darren Rosenblum’s
Unsex Mothering: Toward a Culture
of New Parenting,” Harvard J.L. &
Gender Online (2012) • “On Que(e)
rying Feminism: Reclaiming the F
Word,” (Kathryn Abrams, ed.), in
Issues in Legal Scholarship, (Be.
Press, 2011) • “Unsex CEDAW? No!
SuperSex It!,” 20 Colum. J. of Gender
& L. 195 (2011) • “Narratives of
Identity: Nation, and Outsiders Within
Outsiders: Not Yet a Post-Anything
World,” 14 Harv. Latino L. Rev. 325
(2011) • “A Rose by Any Other Name,
A Response to Libby Adler’s Gay
Rights and Lefts: Rights Critique and
Distributive Analysis for Real Law
Reform,” Harv. Civ. Rts. – Civ. Liberties
L. Rev. colloquium (2011)
Darren Lenard Hutchinson
Professor of Law; Stephen C.
O’Connell Chair
“‘Not Without Political Power’: Gays
and Lesbians, Equal Protection, and
the Suspect Class Doctrine,” 65 Ala. L.
Rev.___ (forthcoming, 2014) • Sexual
Politics and Social Change, in Critical
Race Theory: The Cutting Edge (2nd
Nance
Noah
Ed.) (Richard Delgado, ed.,) (2013)
Robert H. Jerry, II
Dean; Levin, Mabie and Levin
Professor
“Understanding Crop Insurance,”
Critical Issues Volume, The New
Appleman on Insurance (LexisNexis,
forthcoming, 2013) • “Leadership
and Followership,” 44 U. Tol. L.
Rev. 345 (2013) • Understanding
Insurance Law (5th ed.) (with Douglas
R. Richmond) (LexisNexis, 2012) •
“Bad Faith at Middle Age: Comments
on Abraham, ‘Liability for Bad Faith
and the Principle Without a Name
(Yet)’,” 19 Conn. Insurance L.J. 13
(2012) • “Public Forum 2.1: Public
Higher Education Institutions and Social
Media” (with Lyrissa Barnett Lidsky), 14
Fla. Coastal L. Rev. 55 (2012)
E. Lea Johnston
Associate Professor; Assistant
Director, Criminal Justice Center
“Smoke and Mirrors: Model Penal
Code § 305.7 and Compassionate
Release,” 4 Wake Forest J. of L.
& Pol’y ___ (forthcoming, 2014) •
“Vulnerability and Desert: A Theory of
Sentencing and Mental Illness,” 103
J. Crim. L. & Criminology 147 (2013)
• “Theorizing Mental Health Courts,”
89 Wash. U. L. Rev. 519 (2012) •
“Representational Competence:
Defining the Limits of the Right to
Self-Representation at Trial,” 86 Notre
Dame L. Rev. 523 (2011)
Shani M. King
Professor; Co-Director, Center on
Children and Families
“Alone and Unrepresented: A Call
to Congress to Provide Counsel for
Unaccompanied Minors,” 50 Harv.
J. Legis. 331 (2013) • “Owning
Laura Silsby’s Shame: How The
Haitian Child Trafficking Scheme
Embodies The Western Disregard
Nunn
Olexa
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
for the Integrity of Poor Families,”
25 Harv. Hum. Rts. J. 1 (2012) •
“Legal Representation of Dependent
Children: A 2012 Report on Florida’s
Patchwork System” (co-authored with
Florida’s Children First Inc.) (2012)
• “Latinas and Domestic Violence:
Barriers to Institutional Resources,” in
The Oxford Encyclopedia of Latino/a
Politics, Law and Social Movements
(Suzanne Oboler & Deena Gonzalez,
eds.) (2012) • “The Family Law Canon
in a (Post?) Racial Era,” 72 Ohio St. L.
J. 575 (2011) • “Competing Rights
and Responsibilities in Intercountry
Adoption: Understanding a Child’s
Right to Grow up in the Context of
her Family and Culture” in Taking
Responsibility, Law and the Changing
Family (C. Lind, J. Bridgeman, H.
Keating, eds., Ashgate Publishing)
(2011)
of Florida Water Law” in Waters and
Water Rights (Robert E. Beck, ed.)
(Matthew Bender & Co., Inc.) (entry
and annual updates, 2005-2011) •
A Review of the Use of Science and
Adaptive Management in California’s
Draft Bay Delta Conservation Plan (coauthor as member of Panel to Review
California’s Draft Bay Delta Conservation
Plan) (National Research Council of the
National Academy of Sciences, 2011) •
“The Dormant Commerce Clause and
Water Export: Toward a New Analytical
Paradigm,” 35 Harv. Envtl L. Rev. 131
(2011)
Christine A. Klein
Chesterfield Smith Professor; Director,
LL.M. in Environmental & Land Use
Law Program
“The Lesson of Tarrant Regional
Water District v. Herrmann: Water
Conservation, not Water Commerce,”
in Center for Progressive Reform
Blog (2013) • A History of Unnatural
Disaster: Mississippi River Tragedies
(with Sandra B. Zellmer) (NYU Press,
2013) • Natural Resources Law: A
Place-Based Book of Problems and
Cases (3d ed.)(Aspen Publishers)
(2013) • “Water Bankruptcy,”
97 Minn. L. Rev. 560 (2012) •
“Compartmentalized Thinking and
the Clean Water Act,” 4 George
Washington J. Energy & Environmental
L. 38 (2013) • Sustainable Water and
Environmental Management in the
California Bay-Delta (co-author as
member of National Research Council
Committee on Sustainable Water and
Environmental Management in the
California Bay-Delta) (2012) • “Survey
Lyrissa Barnett Lidsky
Professor; Stephen C. O’Connell
Chair; Associate Dean for International
Programs
First Amendment Law: Cases and
Materials (2d. ed.) (with Ronald
Krotoszynski, Jr., Steven Gey, and
Christina Wells) (Aspen, 2013) • “How
Not to Criminalize Cyberbullying,” __
Mo. L. Rev. __ (forthcoming, 2013) •
“Not a Free Press Court?,” 6 B.Y.U.L.
Rev. 1819 (2012) • “U.S. Media
Law Update,” 17 Media & Arts L.
Rev. (2012) • “Recent Developments
in the Law of Social Media,” in
Communications Law in the Digital Age
of 2012 (with Ron Nell Anderson Jones)
(PLI) (2012) • “Public Forum 2.1: Public
Higher Education Institutions and Social
Media” (with Robert H. Jerry, II), 14
Fla. Coastal L. Rev. 55 (2012) • “Legal
Pitfalls of Social Media Usage,” (with
Daniel C. Friedel) in Social Media:
Usage & Impact (Hana Noor Al-Deen
and John Allen Hendricks, eds.) (2011)
• “Incendiary Speech and Social
Media,” 44 Texas Tech L. Rev. 1 (2011)
• “Public Forum 2.0,” 91 Boston U.
L. Rev. 1975 (2011) • “Government
Sponsored Social Media and Public
Forum Doctrine: Perils and Pitfalls,” 19
The Public Lawyer No. 2 (2011) • Mass
Media Law: Cases and Materials (8th
Page
Rowe
Riskin
2013 repor t from the faculty
Rush
ed.) (with Marc A. Franklin and David
A. Anderson) (Foundation Press, 2011)
Charlene Luke
Professor
“The Relevance Game: Congress’s
Choices for Economic Substance
Gamemakers,” 66 Tax Lawyer 551
(2013) • “The Role of Developed
World Tax Incentives in Microfinance”
in Tax, Law and Development 241
(Yariv Brauner & Miranda Stewart, eds.)
(Edward Elgar, 2013) • “Managing
the Next Deluge: A Tax Approach
to Flood ‘Insurance’” (with Aviva
Abramosky), 18 Conn. Ins. L. J. 1
(2012) • “The Role of Developed World
Tax Incentives in Microfinance,” in Tax
Law and Development (Yariv Brauner
and Miranda Stewart, eds.) (Edward
Elgar, 2012) • “What Would Henry
Simons Do?: Using an Ideal to Shape
and Explain the Economic Substance
Doctrine,” 11 Hous. Bus. & Tax L. J.
108 (2011)
Pedro A. Malavet
Professor; Director, LL.M. in
Comparative Law Program; Affiliate
Professor of Latin American Studies
“Cluster Introduction: Puerto Rico:
Interrogating Economic, Political, and
Linguistic Injustice,” 42 Cal. Western
Int’l L. J. 101 (2012) • “National Minority,” in The Oxford Encyclopedia of
Latinos and Latinas in Contemporary
Politics, Law, and Social Movements
(Berta Esperanza Hernández-Truyol
& Suzanne Oboler, eds.) (Oxford U.
Press, 2011) • “The Monroe Doctrine
and American Territorial Expansion:
How the Border Crossed Us,” in The
Oxford Encyclopedia of Latinos and
Latinas in Contemporary Politics, Law,
and Social Movements (Berta Esperanza Hernández-Truyol & Suzanne
Oboler, eds.) (Oxford U. Press, 2011)
Russell-Brown
Seigel
15
OMRI Y. MARIAN
Assistant Professor of Law
“Are Cryptocurrencies ‘Super’ Tax
Havens?” 112 Mich. L. Rev. First
Impressions ___ (forthcoming, 2013)
• “Jurisdiction to Tax Corporations,”
54 B.C.L. Rev.___ (forthcoming,
2013) • “Meaningless Comparisons:
Corporate Tax Reform Discourse in
the United States,” 32 Va. Tax Rev.
133 (2012) • “Taxation of Structured
Debt in a Low Rate Environment,”
(with Andrew D. Moin), 135 Tax Notes
323 (2012) • Global Perspectives on
Income Taxation Law (with Reuven
Avi-Yonah and Nicola Sartori) (Oxford
U. Press, 2011)
Amy R. Mashburn
Professor; Director, Lawyering and
Professionalism Program
“Making Civility Democratic,” 47 Hous.
L. Rev. 1147 (2011)
GRAYSON M.P. McCOUCH
Gerald Sohn Professor of Law
Gratuitous Transfers (6th ed.) (with
Mark Ascher, Elias Clark (deceased) &
Arthur W. Murphy) (Thomson/West,
2013) • “Who Killed the Rule Against
Perpetuities?” 40 Pepp. L. Rev. 1291
(2013) • “Reflections on Penalty
Jurisdiction in Tigers Eye” (with Karen
Burke), 136 Tax Notes 1581 (2012) •
“Illusory Partnership Interests and the
Anti-Antiabuse Rule” (with Karen Burke),
132 Tax Notes 813 (2011) • Federal
Estate and Gift Taxation (10th ed.) (with
Boris Bittker (deceased) & Elias Clark
(deceased)) (Thomson/West, 2011) •
Federal Estate and Gift Taxation (7th
ed.) (with John K. McNulty) (Thomson/
West, 2011)
Martin J. McMahon Jr.
James J. Freeland Eminent Scholar
“Recent Developments in Federal
Income Taxation: The Year 2012,” (with
Ira B. Shepard & Daniel L. Simmons),13
Fla. Tax Rev. 503 (2013) • Federal
Income Taxation of Partnerships
and S Corporations, (5th ed.) and
Study Problems (with Paul McDaniel
(deceased) and Daniel L. Simmons)
(Foundation Press, 2012) • Co-editor,
The Proper Tax Base: Structural
Fairness From an International and
Comparative Perspective – Essays in
Honor of Paul McDaniel (with Yariv
Brauner) and contributor of chapter,
“Taxing Tax Expenditures” (Kluwer
Law Int’l, 2012) • ”Now You See It,
Now You Don’t: The Comings and
Goings of Disregarded Entities,” 65
The Tax Lawyer 259 (2012) • ”Recent
Developments in Federal Income
Taxation: The Year 2011,” 12 Florida Tax
Rev. 183 (with Ira B. Shepard and Daniel
L. Simmons) (2012) • “Fundamental
Principles of Consolidated Corporate
Income Tax Returns,” 12 Fla. Tax
Rev. ___ (2012) • “Understanding
Consolidated Returns,” 12 Fla. Tax
Rev. 125 (2012) • Annual Supplements
(2010-12) to Federal Income Taxation
of Business Organization (4th ed.)
(with Paul McDaniel (deceased) and
Daniel L. Simmons) (Foundation Press,
2006) • Annual Supplements (201012) to Federal Income Taxation of
Partnerships and S Corporations (4th
ed.) (with Paul McDaniel (deceased)
and Daniel L. Simmons) (Foundation
Press, 2006) • Annual Supplements
(2010-12) to Federal Income Taxation
of Corporations (3rd ed.) (with Paul
McDaniel (deceased) and Daniel L.
Simmons) (Foundation Press, 2006) •
Annual Supplements to Federal Income
Taxation, Cases and Materials (6th
ed.) (with Paul McDaniel (deceased),
Daniel L. Simmons and Gregg
Polsky) (Foundation Press, 2008) •
“Consolidated Corporate Income Tax
Returns in the United States,” Svensk
Skattetidning 597 (2011) • Federal
Income Taxation of Individuals (3rd
ed.) (with Boris I. Bittker (deceased)
and Lawrence A. Zelenak) (Warren,
Gorham & Lamont, 2002) semi-annual
cumulative supplements (2010-2011)
• “Recent Developments in Federal
Income Taxation: The Year 2010,” 10
Fla. Tax Rev. 569 (with Ira B. Shepard
and Daniel L. Simmons) (2011) • “Taxing
Tax Expenditures,” 130 Tax Notes 775
(2011)
JON L. MILLS
Dean Emeritus; Professor;
Director, Center for Governmental
Responsibility
“Privacy and Press Intrusions: New
Media, Old Law,” The Right to Privacy
in the Light of Media Convergence:
Perspectives from Three Continents
(Media Convergence Series No.
3) 88-113, Berlin, Germany: De
Gruyter (Dieter Dörr & Russell
Weaver, eds.) (2012) • “Crisis in
the Courts: Reconnaissance and
Recommendations,” (with Peter T.
Grossi, Jr.) in Future Trends in State
Courts 2012: Special Focus on Courts
and Community, National Center
for State Courts (C. Flango et. al,
eds., 2012) • “Alternative Dispute
Resolution in the United States: In
Pursuit of a Lawyer’s True Function,” in
Proceedings of the Brazil-U.S. Judicial
Initiative, The Brazil Institute of the
Woodrow Wilson Center (2011)
WINSTON P. NAGAN
Professor; Samuel T. Dell Research
Scholar; Director, Institute
of Human Rights and Peace
Development; Affiliate Professor of
Anthropology; Affiliate Professor
of Latin American Studies; Affiliate
Professor African Studies; Fellow,
Royal Society of the Arts; Fellow,
World Academy of Art and Science
“Overview of Policy and Legal
Conditions Concerning Recognition
of Palestinian Statehood,” (with Aitza
M. Haddad) in The Membership of
Palestine in the United Nations Legal
and Practical Implications (Mutaz M.
Qafisheh, ed.) Cambridge Scholars
Publishing (2013) • “Freedom
Languished for Baha’is in Iran,”
Washington Post, Feb. 25, 2013
• “The Right to Development,”
Cadmus, Issue 6, Vol. 1(2013) •
“The Emerging Restrictions of
Sovereign Immunity: Preemptory
Norms of International Law, the
UN Charter and the Application of
Modern Communications Theory,”
(with Joshua L. Root) 38:2 N.
C. J. Int’l & Com. Reg. 375-472
(2012) • Contextual-Configurative
Jurisprudence: The Law, Science and
Policies of Human Dignity, Vanderplas
(2013) • “Why They Deny: Values,
Human Rights, and the Persecution of
Iran’s Bahai Community,” Education
Under Fire (2013) • “Sovereignty in
Theory and Practice,” (with Aitza M.
Haddad) San Diego Int’l L. J., Vol.
13, No. 2 (2012) • “The Legal and
Policy Implications of the Possibility of
Palestinian Statehood,” (with Haddad)
UC Davis Jo. Intl Law & Policy, Vol.
18, No. 2 (2012) • “Recognition of
Palestinian Statehood: A Clarification
I
I have a longstanding interest in business tax reform and its implications for
passthrough entities such as partnerships, limited liability corporations, and S
corporations. Passthrough entities now account for roughly half of net business
income, and choice-of-entity issues are increasingly important not only for tax specialists but for nearly all practitioners engaged in business planning. Any serious
proposal to overhaul the corporate income tax should also give careful consideration to the treatment of passthrough entities.
Sokol
16
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
2013 repor t from the faculty
—Karen Burke, Professor of Law; Richard B. Stephens Eminent Scholar
Stinneford
Stinneford
Tritt
Willis
17
of the Interests of the Concerned
Parties,” (with Aitza M. Haddad) 40:2
Ga. Jo. Intl. & Comp. Law 341-422
(2012) • “Simulated ICJ Judgment,”
Cadmus, Volume I, Issue 4 (2012) •
“New Paradigm for Global Rule of
Law,” Cadmus, Vol. 1, Issue 4 (with
Jacobs) (2012) • “The Global Values
Discourse,” (with Jacobs) Eruditio,
Vol. 1, Issue 1 (2012) • “Individuality,
Humanism, & Human Rights,” (with
Aitza M. Haddad) Eruditio, Vol. 1,
Issue 1(2012) • “Nuclear Threats
and Security,” Cadmus, Volume 1,
Issue 5 (2012) • “Sovereignty and
Nuclear Weapons: The Need for Real
Sovereign Authority Rooted in the
People’s Global Expectations about
Survival and Security,” Cadmus, Vol.
1, Issue 5 (2012) • Configurative
Jurisprudence: The Law, Science,
and Policies of Human Dignity
(Vandeplas Pub., 2012) • Editor-inChief, ERUDITIO (Issues 1-3) (J. of
World Academy of Art & Science),
http://eruditio.worldacademy.org/
• ”Inflated Federalism and Deflated
International Law: Roberts CJ v. the
ICJ,” in Global Jurist (2012) (with
Benjamin Goodman) • “Overview
of Policy and Legal Conditions
Concerning the Recognition of
Palestinian Statehood,” (with Aitza M.
Haddad), __ Palestine Law and Human
Rights Rev. __ (2013) • “Palestinian
Independence vs. the Independence
of Namibia: American Foreign
Policy and the Required Palestinian
Strategy in Relation to the Unites
States Namibia and Palestine,” (with
Aitza M. Haddad), __ Palestine Law
and Human Rights Rev. __ (2013) •
“Individuality, Humanism, & Human
Rights,” (with Aitza M. Haddad),
ERUDITO (2012) • “Individualism
of Human Subjectivity,” (with Garry
Jacobs), ERUDITIO (2012) • “New
Paradigm for Global Rule of Law,”
(with Garry Jacobs), CADMUS (2012) •
Wolf
18
“Simulated ICJ Judgment: Revisiting
the Lawfulness of the Threat or Use of
Nuclear Weapons,” CADMUS (2012) •
“Law, Nuclear Weapons and Nuclear
Energy,” (Excerpts published in the
WAAS Newsletter, 2012) (with Aitza
M. Haddad) (2012) • “Sovereignty
in Theory and Practice,” (with Aitza
M. Haddad) 13:2 San Diego Intl L.
J. 429-520 (2012) • “The Holocaust
and Mass Atrocity: The Continuing
Challenge for Decision,” (with Aitza
M. Haddad) ___ Mich. St. Int’l L.
Rev. ___ (2013) • “Genocide & The
Shoah (The Holocaust): Intellectual
Tools for Education & Public Policy
Decision,” (with Aitza M. Haddad)
12:1 Global Jurist Advances Article
5 (2012) • “The War on Terror and
International Obligation: Humanitarian
and Human Rights Issue,” (with Aitza
M. Haddad), in Encyclopedia of
Globalization (2012) • “The Legal and
Policy Implications of the Possibility
of Palestinian Statehood,” (with Aitza
M. Haddad), in 18:2 U.C. Davis J.
of Int’l L. & Policy 343-444 (2012) •
“Protecting the Economic Patrimony
of Indigenous Nations: The Case
of the Shuar,” 46:2 J. of the Policy
Sciences 143-159 (2012) • Nuclear
Weapons and International Law,
(with Aitza M. Haddad), Report to the
American Branch of the International
Law Association, published in the
Asian Defense Rev. (Commander
Jasjit Singh, Editor and Director of
the center for Air Power Studies
(New Delhi)) (2012) • “The Political
Economy of the Drive to the Bottom,”
editorial, The Gainesville Sun (April
18, 2011) • “Human Rights, Liberty
& Socio-Economic Justice: Economic
Theory and the Ascent of Private
Property Values,” 1(2)CADMUS
(April 2011) • “Transformation to
Democracy in Egypt and U.S. Policy,”
Editorial, The Gainesville Sun, Jan. 31,
2011 • “International Courts,” (with
Wright
Aitza M. Haddad), in Encyclopedia
of Globalization (2011/2012) •
“International Law and the War on
Terror,” (with Aitza M. Haddad),
in Encyclopedia of Globalization
(2011/2012) • “Recognition of
Palestinian Statehood,” (with Aitza M.
Haddad), 40 Ga. J. of Int’l & Comp.
L. 341 (2012) • “Human Rights and
Employment,” 1 CADMUS 49 (2011)
JASON P. NANCE
Assistant Professor; Associate
Director, Center on Children and
Families
“Students, Security, and Race,” 63
Emory L.J. __ (forthcoming, ____) •
“Fostering Safe, Resilient Learning
Environments After Newtown,” 71
Educ. Leadership __ (forthcoming,
2013) • “Random, Suspicionless
Searches of Public School Students’
Belongings: A Legal, Empirical, and
Normative Analysis,” 83 U. Colo. L.
Rev. 367 (2013) • “School Security
Considerations After Newtown,” 65
Stan. L. Rev. Online 103 (2013)
Lars Noah
Professor
“Turn the Beat Around?: Deactivating
Implanted Cardiac-Assist Devices,”
39 Wm. Mitchell L. Rev. 1229
(2013) • “Whatever Happened to
the ‘Frankenfish’?: The FDA’s Footdragging on Transgenic Salmon,”
65 Me. L. Rev. 606 (2013) • Law,
Medicine, and Medical Technology:
Cases & Materials (3d ed.) (with
Teacher’s Manual) (Foundation Press,
2012) • “Truth or Consequences?:
Commercial Free Speech vs. Public
Health Promotion (at the FDA),” 21
Health Matrix 31 (2011) • Op-ed: “The
Problem with the ‘Disease’ Label,”
The New York Times (online), Nov. 28,
2011
Zheng
Kenneth B. Nunn
Professor; Associate Director, Center
on Children and Families; Assistant
Director, Criminal Justice Center
“The Black Nationalist Cure to
Disproportionate Minority Contact,”
in Justice For Kids: Keeping Kids Out
of the Juvenile Justice System (Nancy
Dowd, ed.) (NYU Press, 2011) • “The
‘R-Word’: A Tribute to Derrick Bell,”
22 U. Fla. J. L. & Pub. Policy 431
(2011)
MICHAEL T. OLEXA
Affiliate Professor; Professor and
Director, Center for Agricultural and
National Resource Law
“Equine ‘Lemon’ Law” (with Broome
and Kuncl) ___ Drake J. Agri. L.
___(forthcoming, 2013) • “Current
and Future Water Availability: Public
Opinion in the Southern United
States” (with Borisova, Evans, Smolen)
51:1 Journal of Extension article No.
1RIB7 (2013) • “Liability Basics and
the Importance of Risk Management,”
(with Zach Broome, Derrill McAteer
and Gregory Steube), in Stored
Product Protection (Kansas State
Univ. Press, 2012) • “Legal Aspects of
Pest Management and Pesticides,”
(with Zach Broome), in Encyclopedia
of Environmental Management
(Sven Erik Jorgenson, ed.) (Taylor
and Francis Group Pub., 2012) •
“Opportunities for Improving Risk
Communication During the Permitting
Process for Entomophagous Biological
Control Agents: A Review of Current
Systems,” (with Paraiso Oulimathe,
M.T.K. Kairo, S.D. Hight, N.C.
Leppla, J.P. Cuda, and M. Owens),
Bio Control. J. of the International
Organization for Biological Control
(2012) • “Cash, Crops, Chemicals and
Cosmetics: A Mid-Green Eco-Labeling
Approach,” (with R. Benjamin Lingle,
Kimberly Stewart and Damian C.
Adams), 8 J. of Food Law and Policy
Baldwin
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
Gordon
2013 repor t from the faculty
223 (University of Arkansas School
of Law) (2012) • ”A Grave Situation:
Protecting the Deceased and Their
Final Resting Places From Destruction,”
(with Nancy Hodge, Tracey L. Owens
and Caycee D. Hampton), 86 The
Fla. Bar J. No.9 (2012) • “Protecting
Equine Rescue from Being Put Out To
Pasture: Whether Ranches Dedicated
To Abused, Abandoned, and Aging
Horses May Qualify for ‘Agricultural’
Classification Under Florida’s
Greenbelt Law,” (with J. Cossey and
Katherine Smallwood), 16 Drake
J. of Agri. L. 69 (2011) • “Florida
Agriculture: Still in the Crosshairs,”
(with William Crispin and R. Benjamin
Lingle), 85 The Fla. Bar J. 45 (2011)
William H. Page
Marshall M. Criser Eminent Scholar
in Electronic Communications and
Administrative Law; Professor
“Objective and Subjective Theories of
Concerted Action,” 79 Antitrust L.J.
___ (forthcoming 2013) • “Optimal
Antitrust Penalties: A Synthesis,” in
Oxford Handbook of International
Antitrust Economics (Daniel Sokol
and Roger Blair, eds.) (forthcoming,
2013) • 2 Kintner Federal Antitrust Law
(with Joseph Bauer and John Lopatka)
(LexisNexis, 3d ed., 2013); • “Antitrust,
Innovation, and Product Design in
Platform Markets: Microsoft and
Intel,” (with Seldon J. Childers), in 78
Antitrust L. J. 363 (2012) •“Standard
Oil and U.S. Steel: Predation and
Collusion in the Law of Monopolization
and Mergers,” 85 S. Cal. L. Rev. 657
(2012) • “A Neo-Chicago Approach
to Concerted Action,” 78 Antitrust
L. J. 173 (2012) • “Indirect Purchaser
Suits After the Class Action Fairness
Act: Reconciling Multilayer Interests
in Antitrust Litigation,” Collective
Actions: Enhancing Access to Justice
and Reconciling Multilayer Interests
275 (Stefan Wrbka, ed.) (Cambridge U.
Hiers
Israel
Press, 2012) • Kintner’s Federal Antitrust
Law (11 vols.) Annual Supplements
(with Joseph Bauer and John Lopatka)
(LexisNexis, 2010-12)
Leonard L. Riskin
Chesterfield Smith Professor
Dispute Resolution and Lawyers (with
James E. Westbrook, Chris Guthrie,
Richard Reuben, Jennifer Robbennolt
& Nancy Welsh) (5th ed.) (West,
forthcoming, 2014) • “Two (or More)
Concepts of Mindfulness in Law and
Conflict Resolution, ” in The WileyBlackwell Handbook of Mindfulness
(Amanda Ie, Christelle Ngoumen and
Ellen Langer, eds.) (Wiley-Blackwell)
(forthcoming, 2014) • “Managing
Inner and Outer Conflict: Selves,
Subpersonalities, and Internal Family
Systems,” 18 Harv. Negot. L. Rev. 1
(2013) • “The ‘Negotiation’ Within:
Connecting and Managing Inner and
Outer Conflict,” 18 Harv. Negot.
L. Rev. ___ (2013) •“Eastern and
Western Psychological Concepts of
Mindfulness in Conflict Resolution
and Law,” in The Wiley-Blackwell
Handbook of Mindfulness (Amanda Ie,
Christelle Ngoumen and Ellen Langer,
eds.) (Wiley-Blackwell, forthcoming,
2013) • ”Awareness and The Legal
Profession: An Introduction to the
Mindful Lawyer Symposium,” 61 J. of
Legal Educ. 634 (2012)
Elizabeth A. Rowe
Feldman Gale Term Professor
in Intellectual Property Law; UF
Research Foundation Professor;
Director, Program in Intellectual
Property Law
Trade Secret Law in a Nutshell (with
Sharon Sandeen) (West, forthcoming,
2013) • “Intellectual Property and
Employee Selection,” 48 Wake Forest
L. Rev. 25 (2013) • Co-Editor, Trade
Secrets and Undisclosed Information
(with Sharon Sandeen) and contributor
Lokken
Mazur
19
of one chapter, “Introduction” (with
Sharon Sandeen) (Edward Elgar
Publishing, forthcoming, 2013) • Cases
and Materials on Trade Secret Law
(with Teacher’s Manual) (with Sharon
Sandeen) (West, 2012) • “Striking
a Balance: When Should TradeSecret Law Shield Disclosures to the
Government?” 96 Iowa L. Rev. 791
(2011) • “Patents, Genetically Modified
Food, and IP Overreaching” 64 S.M.U.
L. Rev. 859 (2011)
Sharon E. Rush
Associate Dean for Faculty
Development; Irving Cypen Professor;
Associate Director, Center on Children
and Families; Co-Founder, Center for
the Study of Race and Race Relations
“Federalism, Diversity, Equality,
and Article III Judges: Geography,
Identity and Bias,” 79 Mo. L. Rev.
____ (forthcoming, 2013) • “Doing
Anti-racism: Toward an Egalitarian
American Society,” Race, Gender,
Sexuality, and Social Class: Dimensions
of Inequality (S.J. Ferguson, ed.)
(Sage Pub., forthcoming, 2013) (with
Joe Feagin and Jacqueline Johnson)
(reprinted from 29(1) Contemporary
Sociology 95 (2000)) • “Talking About
Race and Equality,” 22 U. Fla. J. L. &
Pub. Policy 417 (2011)
Katheryn Russell-Brown
Chesterfield Smith Professor of Law;
Director, Center for the Study of Race
and Race Relations; Assistant Director,
Criminal Justice Center
“The Myth of Black Crime,” in
Demystifying Crime and Criminal
Justice (2d ed.) (Robert M. Bohm and
Jeffrey T. Walker, eds.) (Roxbury Press,
2012)
Michael L. Seigel
Samuel T. Dell Term Professor of Law;
Director, Criminal Justice Center;
Director, Criminal Law Clinics
“Prosecution of Public Corruption
in the United States,” in Temas de
Anticorrupção & Compliance (A Del
Debbio, et al. eds., Elsevier Publishers,
2013) • White Collar Crime: Law,
Procedure, Practice, and Theory (Aspen
Pub., 2011) (with Teacher’s Manual,
2012)
D. Daniel Sokol
Associate Professor
Merger Control under China’s AntiMonopoly Law, ___ N.Y.U. J. L. &
Bus. ___ (forthcoming, 2014) • Editor,
Oxford Handbook of International
Antitrust Economics (with Roger Blair)
and contributor of two chapters “Introduction” (with Roger Blair) and
“Corporate Governance and Compliance” (with Rosa Abrantes-Metz)
(Oxford U. Press forthcoming, 2014) •
Editor, Handbook of Global Antitrust
and Competition Law Compliance,
(with Daniel Crane and Ariel Ezrachi)
(Oxford University Press, forthcoming, 2014) and contributor of chapter
“Overview” (with Daniel Crane and
Ariel Ezrachi) • Editor, Competition
and the Role of the State (with Thomas
K. Cheng and Ioannis Lianos) and contributor of two chapters “Introduction”
(with Thomas K. Cheng and Ioannis
Lianos) and “What Drives Merger
Control? How Government Sets the
Rules and Play” (Stanford U. Press,
forthcoming, 2014) • “Policing the
Firm,” __ Notre Dame L. R. __ (forthcoming, 2014) • “Compliance, Detection, and Mergers and Acquisitions”
(with Vivek Ghosal), 34 Managerial and
Decision Economics 514 (2013) • “Understanding Corporate Compliance
and Wrongdoing in Interdisciplinary
Context,” 34 Managerial and Decision
Economics 437 (2013) • Editor, Competition Law and Development (with
Thomas K. Cheng and Ioannis Lianos)
and contributor of two chapters “Introduction” (with Thomas K. Cheng and
Ioannis Lianos) and “Prioritizing Cartel
Enforcement in Developing World
Competition Agencies” (with Andreas
Stephan) (Stanford U. Press, 2013) •
“Grading the Professor: Evaluating Bill
Kovacic’s Contributions to Antitrust
Engineering,” (with Christine Wilson
and Joseph Nord), in New Frontiers
of Antitrust: A Tribute to Bill Kovacic
(Institute of Competition Law, 2013)
•“Welfare Standards in U.S. and EU
Antitrust Enforcement,” (with Roger
Blair) 81 Fordham L. R. 2497 (2013)
• “Josh Wright on Criminal and Complex Litigation,” Antitrust Source 2013
• “The Antitrust-Busters With Gavels,”
(with Daniel Crane) Wall Street Journal
(2013) • Editor, The Global Limits of
Competition (with Ioannis Lianos) and
contributor of two chapters “Introduction” (with Ioannis Lianos) and “AntiCompetitive Government Regulation”
(Stanford U. Press, 2012) • “The Rule
of Reason and the Goals of Antitrust:
An Economic Approach,” (with Roger
Blair) 78 Antitrust L. J. 471 (2012) •
“Business Strategy Against Dominant
Firms and the Choice of Public and
Private Enforcement,” 85 S.Cal. L.
Rev. 689 (2012) • “Cartels, Corporate
Compliance and What Practitioners
Really Think About Enforcement,” 78
Antitrust L. J. 201 (2012) • “Antitrust
Energy,” (with Barak Orbach), 85
S. Cal. L. Rev. 429 (2012) • “Merger
Control: Key International Norms and
Differences” in International Research
Handbook on Competition Law (with
William Blumenthal) (Ariel Ezrachi,
ed.) (Edward Elgar Publishing, 2012) •
“Explaining the Importance of Public
Choice for Law,” 109 Mich. L. Rev.
1029 (2011) • “Antitrust Merger Efficiencies in the Shadow of the Law”
(with James A. Fishkin), 64 Vand. L.
Rev. En Banc 45 (2011) • “Detection
and Compliance in Cartel Policy,”
Global Competition Policy Antitrust
Chronicle (2011)
John F. Stinneford
Associate Professor; Assistant
Director, Criminal Justice Center
Juvenile Life Sentences, 10 Ohio St.
Peters
J. Crim. L. ___ (2013) • “Punishment
without Culpability,” 101 J. of
Crim. L. & Criminology 653(2012) •
“Rethinking Proportionality under
the Cruel and Unusual Punishments
Clause,” 97 Va. L. Rev. 899 (2011)
Lee-ford Tritt
Professor; Director, Center for Estate
Planning and the Estate Planning
Certificate Program; Associate
Director, Center on Children and
Families
The Law of Succession: Wills, Trusts,
and Estates (with Danaya Wright
and Patricia Stallwood-Kendall)
(Foundation Press, forthcoming, 2013)
• “The Limitations of an Economic
Agency Cost Theory of Trust Law,” 32
Cardozo L. Rev. 101 (2011) • Florida
Probate Code and Related Provisions
(with D. Kelly Weisberg and Danaya
P
Public schools have a major impact on children, families, communities, and our nation. I combine
my doctoral training in educational policy and empirical research methods, legal background, and
practical experience as a public school teacher to examine the interface of law and education.
Much of my scholarship involves studying the law that governs school administrators’ authority in
public schools and how the law could be modified to support more positive educational outcomes,
especially in populations that are underserved by our public education system. My most recent
publications examine how student race, student socio-economic status, and various school crime
and climate metrics affect the use of strict security measures in schools that has proliferated in response to highly-publicized acts of school violence and other social, legal, and political forces.
Adkins
20
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
2013 repor t from the faculty
Ankersen
—Jason Nance, Assistant Professor; Associate Director, Center on Children and Families
Cupples
Dekle
Flocks
21
Wright) (Aspen Press, 2010-11)
Steven J. Willis
Professor; Associate Director, Center
on Children and Families
“No Healthcare Penalty? No
Problem: No Due Process,” (with
Nakku Chun), in 38 Am J. Law and
Medicine 516 (2012) • “Credits vs.
Taxes: the Constitutional Effects on
the Health Care Reform Debate”
(with Nakku Chung), in Washington
Legal Foundation Critical Legal Issues
Working Paper Series, No. 176 (2011)
Michael Allan Wolf
Richard E. Nelson Chair in Local
Government Law; Professor
“Conservation Easements and the
Nomenclature Problem,” 2013 Utah
L. Rev. ___ and 33 Utah Envtl. L. Rev.
___ (forthcoming, 2013) • “Strategies
for Making Sea-level Rise Adaptation
Tools ‘Takings-Proof,’” 28 J. Land Use &
Envtl L. ___ (forthcoming, 2013) • “The
Brooding Omnipresence of Regulatory
Takings: Urban Origins and Effects,” ___
Fordham Urb. L. J. ___ (forthcoming,
2013) • The Supreme Court and the
Environment: The Reluctant Protector
(CQ Press/Sage, 2012) • “A Yellow
Light for ’Green Zoning’: Some Words
of Caution About Incorporating
Green Building Standards into Local
Land Use Law,” 43 Urban Lawyer 949
(2011) • General Editor, Powell on Real
Property (quarterly updates) (Matthew
Bender-LexisNexis, 2000-present)
Danaya C. Wright
Clarence J. TeSelle Endowed
Professor
The Law of Succession: Wills, Trusts,
and Estates (with Lee-ford Tritt and Patricia Stallwood-Kendall) (Foundation
Press, forthcoming, 2013) • Estates
and Future Interests for the TwentyFirst Century (Foundation Press, forth-
Gianni
22
Jackson
coming, 2013) • “Policing Sexual Morality: Percy Shelley and the Expansive
Scope of the Parens Patriae,” in The
Law of Custody of Children, 8.2 Nineteenth Century Gender Studies (2012)
• Book review: “J.R. Pole, Contract and
Consent: Representation and the Jury in
Anglo-American Legal History,” 52 Am.
J. Legal Hist. 532 (2012) • “Theorizing
History: Separate Spheres, the Public/
Private Binary and a New Analytic for
Family Law History,” ___ Australia &
New Zealand Law and History E-Journal (2012) • Florida Probate Code and
Related Provisions (with Lee-ford Tritt &
D. Kelly Weisberg) (Aspen, 2010-11)
Wentong Zheng
Assistant Professor
“Competition Law in China,” in
Research Handbook on Comparative
Competition Law (John Duns,
Brendan Sweeney and Arlen Duke
eds., Edward Elgar, forthcoming
2014) • “Counting Once, Counting
Twice: The Precarious State of Subsidy
Regulation,” 49 Stan. J. Int’l L. 427
(2013) • “State-Owned-Enterprises as
Market Participants: Lessons from Trade
Law,” in Competition and the Role
of the State (Ioannis Lianos and D.
Daniel Sokol, eds.) (Stanford U. Press,
2013) • “State Capitalism and the
Regulation of Competition in China,”
in The Regulation of Competition:
The Case of Asian Capitalism (Mike
W. Dowdle, John S. Gillespie &
Imelda Maher, eds.) (Cambridge
U. Press, 2013) • “Structural
Impediments to Global Antitrust
Convergence: Lessons from China,”
Concurrences 58 (2013) • “Reforming
Trade Remedies,” 34 Mich. J. Int’l
L. 151 (2012) • “Administrative
Monopolies in China: An Overview
and Recent Developments,” in
International Antitrust Law & Policy,
Annual Proceedings of the Fordham
Pflaum
Powell
Competition Law Institute (Barry
Hawk, ed.) (2011) • “Antimonopoly
Law and Practice in China,” 10
Competition L. J. 337 (2011)
(reviewing H. Stephen Harris et al.,
Anti-Monopoly Law and Practice in
China, Oxford Univ. Press, 2011) •
“Trade Remedies and Non-Market
Economies: The WTO Appellate Body’s
Report in United States — Definitive
Antidumping and Countervailing Duties
on Certain Products from China,” 15
American Society of International Law
Insights (2011)
emeriti faculty
Fletcher N. Baldwin Jr.
Chesterfield Smith Professor-Emeritus
“Mission Creep in National Security
Law,” (with Daniel Ryan Koslosky) 114
W. Va. L. Rev. 669 (2012)
Michael W. Gordon
John H. & Mary Lou Dasburg
Professor-Emeritus
International Business Transactions
(11th ed.) (with Ralph H. Folsom, John
A. Spanogle Jr., Peter L. Fitzgerald,
and Michael Van Alstine) (West, 2012)
Richard H. Hiers
Affiliate Professor-Emeritus; Emeritus
Professor of Religion
“The Bible and Rugged Individualism,” 99:2 Reflections 67 (Yale Divinity
School) (2012) • “Women’s Rights and
the Bible: Implications for Christian
Ethics and Social Policy, (with foreward
by Lisa Sowle Cahill) (Wipf and Stock
/ Pickwick, 2012) • “Ancient Laws, Yet
Strangely Modern: Biblical Contract
and Tort Jurisprudence,” 88 U. Detroit
Mercy L. Rev. 473 (2011)
Ray
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
Jerold H. Israel
Ed Rood Eminent Scholar-Emeritus in
Trial Advocacy and Procedure
Criminal Procedure and the
Constitution, 2013 edition (with
Kamisar, LaFave, King and Primus)
(West, 2013) • 2013-14 Pocketparts
to the 7-volume treatise, Criminal
Procedure (2007) (with LaFave, King
and Kerr) (West, 2013-14) • White
Collar Crime (Hornbook series)
(with Ellen Podgor, Peter Henning
and Nancy King) • Supplements
to Modern Criminal Procedure/
Advanced Criminal Procedure/
Basic Criminal Procedure (13th eds.)
(with Kamsiar, LaFave, King, Kerr,
and Primus) (West, 2013) • Modern
Criminal Procedure, (13th ed.) (with
Kamisar, LaFave, King, Kerr, and
Primus) (West, 2012) • Advanced
Criminal Procedure, (13th ed.) (with
Kamisar, LaFave, King, Kerr, and
Primus) (West, 2012) • Basic Criminal
Procedure, (13th ed.) (with Kamisar,
LaFave, King, Kerr, and Primus) (West,
2012) • Criminal Procedure and the
Constitution, 2012 edition, (with
Kamisar, LaFave, King, and Primus)
(West, 2012) • 2012-13 Pocketparts for
7-volume treatise, Criminal Procedure
(2007) (with LaFave, King, and Kerr)
(West, 2012) • 2011 Supplement
to the 12th editions of Modern/
Advanced/Basic Criminal Procedure
(with Kamisar, LaFave, King, and
Kerr) • 2011-12 Pocketparts to the
7-volume treatise, Criminal Procedure
(2007) (with LaFave, King and Kerr)
(West, 2011) • Criminal Procedure and
the Constitution, 2011 edition (with
Kamisar, LaFave, and Kerr) (West,
2011)
Lawrence Lokken
Hugh F. Culverhouse Eminent ScholarEmeritus in Taxation
Fundamentals of International Taxation
Reid
2013 repor t from the faculty
(with Boris I. Bittker) (2010/2011 ed.) •
“What Is this Thing Called Source?” 37
Int’l Tax J. 26 (2011)
Diane H. Mazur
Gerald A. Sohn Term ProfessorEmeritus
“Judicial Deference Broke the
Military,” 16 Green Bag 2d 461 (2013)
• “The Constitutional Bond in Military
Professionalism: A Reply to Professor
Deborah N. Pearlstein, “ 90 Texas L.
Rev. See Also 145 (2012) • Amicus
Brief of the Palm Center in Support of
Appellee Log Cabin Republicans (9th
Cir., April 4, 2011)
non-tenure-track
faculty
MARY E. ADKINS
Director, Legal Writing and Appellate
Advocacy; Master Legal Skills
Professor
Persuasive Analytical Legal Writing,
Bahçeşehir Üniversitesi Hükük
Fakültesi (Bahçeşehir University Law
Faculty) Kazancı 125 (Turk.) (2011) •
Rev. of Reubin O’D. Askew and the
Golden Age of Florida Politics, by
Martin A. Dyckman, 85 The Fla. Bar J.
60 (2011)
THOMAS T. ANKERSEN
Director, Center for Governmental
Responsibility Conservation Clinic
and Costa Rica Law Program; Legal
Skills Professor
“The Tiff Over TIF: Extending Tax Increment Financing to Municipal Maritime Infrastructure,” (with Samantha
Culp and Marissa Faerber, XXXIV:3 Fla.
Bar Envtl and Land Use L. Section Reporter 1 (2013) • “A Multidisciplinary
Review of Current Sea Level Rise Research in Florida,” (with Anna Cathey
Linhoss, Lisa Gardner Chambers and
Kevin Wozniak, Technical Paper 193.
Temple-Smith
Outler
U. of Fla. Institute for Food and Agricultural Sciences (2013) • “Florida’s
Coastal Hazards Disclosure Law:
Property Owner’s Perceptions of the
Physical and Regulatory Environment,
with Conclusions and Recommendations” (with Kevin Wozniak and Garin
Davidson) (Executive Summary) (2012)
• “Comprehensive Sea Grass Restoration In Southwest Florida: Science,
Law And Eco-Regional Planning,” (with
A.B. Lingle Hotaling), 4 Sea Grant Law
And Policy J.l, 61 (2011) • “Large
Woody Material: Science, Policy and
Best Management Practices in Florida
Streams,” (with Linhoss, Cameron A.,
Hall H., and Blair S.) 75 The Florida
Scientist 157 (2012) • “Anchoring
Away: Government Regulation and the
Rights of Navigation in Florida,” (with
R. Hamann and B. Flagg) (3rd Ed.), Sea
Grant TP-180 (2011) • Special Editor
and Introduction to the Special Issue:
Focus on Florida, 4 Sea Grant Law
and Policy J. 1 (2011)
DEBORAH CUPPLES
Senior Legal Skills Professor
Grammar, Punctuation & Style: A
Quick Guide for Lawyers and Other
Writers (with Margaret TempleSmith) (West, 2013) • Legal Drafting:
Litigation Documents, Contracts,
Legislation, and Wills (with Margaret
Temple-Smith) (West, 2012)
George R. “Bob” Dekle
Director, Criminal Prosecution Clinic;
Assistant Director, Criminal Justice
Center, Master Lecturer
Abraham Lincoln’s Most Famous Case:
The Almanac Trial (Praeger Publishing,
forthcoming, 2014) • The Case against
Christ: A Critique of the Prosecution of
Jesus (Cambridge Scholars Publishing,
2012) • Cross Examination Handbook:
Persuasion, Strategies, and Techniques
(with William S. Bailey and Ronald
Wondracek
23
H. Clark) (Aspen, 2011) • The Last
Murder: The Investigation, Prosecution,
and Execution of Ted Bundy (Praeger
Publishing, 2011)
JOAN D. FLOCKS
Director, Social Policy Division,
Center for Government
Responsibility; Affiliate Faculty
with the Center for Latin American
Studies
“Pesticide Risk Perception and
Biomarkers of Exposure in Florida
Female Farmworkers,” (with Runkle
J, Tovar-Aguilar JA, Economos
E, Williams B, Muniz JF, Semple
M, and McCauley L.) ___ J.
Occupational and Environmental
Medicine ___ (forthcoming, 2013)
• “Farmworker Pregnancy Health:
Health Provider Perspective.”
(with Kelley M, Economos J, and
McCauley L.). ___ Workplace
Health & Safety ___ (forthcoming
2013) • “Female Farmworkers’
Perceptions of Heat-Related Illness
and Pregnancy Health, (with Thien
Mac V, Runkle J, Tovar-Aguilar JA,
Economos J, and McCauley L) 18 J. of
Agromedicine ___ (forthcoming, 2013)
• “I“Implementing a CommunityBased Social Marketing Project
to Improve Agricultural Worker
Health,” (with Clarke L, Albrecht S,
Bryant C, Monaghan P, and Baker
H) Clarke L, Albrecht S, Bryant C,
Monaghan P, and Baker H) in Social
Marketing (R.C.Lefebvre, ed.) (SAGE
Publications, 2013) (Reprinted
from 109:3 Environmental Health
Perspectives 461 (2001)) • “The
Environmental and Social Injustice
of Farmworker Pesticide Exposure,”
19 Georgetown J. on Poverty L. & P.
255 (2012) • “Female Farmworkers’
Perceptions of Pesticide Exposure and
Pregnancy Health,” (with Kelley M,
Economos J, and McCauley, L.), 14
J. of Immigrant and Minority Health
626, (2012) • “Effectiveness of Public
Health Nursing Case-Management
on the Health of Women Receiving
Temporary Assistance for Needy
Families: Findings from a Randomized
24
Controlled Trial using Community
Based Participatory Research,” (with
Kneipp SM, Kairalla JA, Lutz BJ,
Pereira D, Hall AG, Beeber L, and
Schwartz T.), 101 American J. of Public
Health 1759 (2011) • “Environmental
Justice Implications of Urban Tree
Cover in Miami-Dade County,
Florida,” (with Escobedo F, Wade J,
Varela S and Wald C.), 4 Envtl Justice
125 (2011)
MONICA GIANNI
Visiting Assistant Professor in Tax
“PFICs Gone Wild!” 29 Akron Tax J.
__ (forthcoming, 2014)
Joseph S. Jackson
Senior Legal Skills Professor;
Associate Director, Center on
Children and Families
“The Parentless Child’s Right to a
Permanent Family” (with Lauren Fasig),
46 Wake Forest L. Rev. 1 (2011) •
Amicus Briefs: D.M.T. v T.M.H., No.
SC12-261 (pending in the Supreme
Court of Florida) [involving parental
rights of same-sex couple] Fla.
Dept. of Children & Families v. In re
Adoption of X.X.G. & N.R.G., 45 So.
3d 79 (Fla. 3d DCA 2012) [involving
ban on gay adoption]
LEANNE J. PFLAUM
Master Legal Skills Professor
Legal Writing by Design (2d. ed.) (with
Teresa Jean Reid) (Carolina Academic
Press, 2013)
STEPHEN J. POWELL
Senior Lecturer in Law; Director,
International Trade Law Program
“Beyond Labor Rights: Which Core
Human Rights Must Regional Trade
Agreements Protect?,” 12 Richmond
J. Global L. & Bus. 91 (2012) • “Is
the WTO Quietly Fading Away? The
New Regionalism and Global Trade
Rules,” (with Trisha Low) 9 Geo. J. L.
& Pub. Pol’y 261 (2011) • “Managing
the rule of law in the Americas: an
empirical portrait of the effects of
15 years of WTO, MERCOSUL, and
NAFTA dispute resolution on civil
society in Latin America,” (with Ludmila
Mendonca Lopes Ribeiro), in 42 U.
Miami Inter-Amer. L. Rev. 197 (2011) •
“Global Laws, Local Lives: Impact of
the New Regionalism on Human Rights
Compliance” (with Patricia Camino
Pérez) 17 Buff. Hum. Rts. L. Rev. 117
(2011)
SHALINI RAY
Legal Skills Professor
“Optimal Asylum,” 46 Vand. J.
Transnat’l L. __ (forthcoming, 2013)
TEREsA JEAN REID
Master Legal Skills Professor;
Assistant Director, Criminal Justice
Center
Legal Writing by Design (2d. ed.) (with
Leanne J. Pflaum) (Carolina Academic
Press, 2013)
MARGARET TEMPLE-SMITH
Senior Legal Skills Professor
Grammar, Punctuation & Style: A
Quick Guide for Lawyers and Other
Writers (with Deborah Cupples) (West,
2013) • Legal Drafting: Litigation
Documents, Contracts, Legislation,
and Wills (with Deborah Cupples)
(West, 2013)
Law Librarians –
Tenured and
Tenure-Track
Elizabeth Outler
Assistant University Librarian;
Associate Director; Adjunct
Professor of Law
Editor, “Law,” in Guide to Reference
(American Library Association, 200912)
Jennifer Wondracek
Assistant University Librarian;
E-Resources & Technology Librarian;
Adjunct Professor of Law
“M-Libraries 2: A Virtual Library in
Everyone’s Pocket,” 103 Law Libr. J.
127 (2011) (reviewing Mohamed Ally
and Gill Needham eds., M-Libraries 2:
A Virtual Library in Everyone’s Pocket)
(2010)
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
I
I have been at the University of Florida for nineteen years now, but I am still grateful every day for the opportunity to teach and mentor the next generation of
lawyers. My scholarship makes me a better teacher and mentor because, like my
students, I am constantly learning. My current research focuses on free speech issues arising in social media contexts—issues that did not even exist ten years ago!
It is exciting to be researching and writing in an area where new developments
arise practically every day, and I hope I can convey that excitement to my students
and inspire them to do work they love.
—Lyrissa Lidsky, Professor; Stephen C. O’Connell Chair; Associate Dean for International Programs
2013 repor t from the faculty
25
levin college of law
U F L AW HA P P ENINGS , EVENTS & ACHIEVEMENTS
Georgetown professor
assesses wins and losses
in health care case
A
lthough the Supreme Court did not strike
down the Affordable Care Act as he
would have liked, Georgetown Law Professor Randy Barnett said victory was achieved
“by the constitutional theories we prevented
from being adopted by the Supreme Court.”
Barnett represented the National
Federation of Independent Business
in its argument against the Affordable
Care Act. He said five justices affirmed Barnett’s conception of the Commerce clause
and the Necessary and Proper clause of the
Constitution. He said this part of the ruling
saved “the Constitution for the country.”
The clauses, which give Congress
the power to regulate commerce and “to make
all laws which shall be necessary” to carry
out its powers, were upheld when the Affordable Care Act’s individual mandate was struck
down by the court, according to Barnett.
He said rather than a mandate requiring
individuals to purchase health insurance,
individuals will have the option to purchase
insurance or pay a tax penalty. Analysts say
that people who decline to purchase health
insurance will see no difference whether it is
called a “mandate” or a “tax.”
“Only time will tell who really won the
Obamacare case, but for now the constitutional scheme of limited and enumerated
powers lives to fight another day,” he said.
eugene pettis first african-american florida bar president
Read about the sometimes-rocky rise of UF Law graduate Eugene Pettis (JD 85). Pettis this summer became
the first African-American to serve as president of The Florida Bar, the second largest bar in the country with
about 100,000 lawyers. More in the Spring 2013 issue of UF LAW magazine at http://www.law.ufl.edu/uflaw/.
professor named
outstanding tax
attorney
UF Law Professor Dennis Calfee
(LLMT 75) was named the
Gerald T. Hart Outstanding Tax
Attorney of the Year by The
Florida Bar Tax Section. Richard
Comiter (JD 80, LLMT 81) also
announced completion of the
campaign to endow the Dennis
A. Calfee Eminent Scholar
Chair in Taxation. The section
recognized Calfee in Gainesville
on April 27 at its 35th annual
meeting.
THOMAS continued from page 7
counsel young people not to go there. It took
a long time to overcome that,” Thomas said.
Smith said one of the points he took away
from the conversation with Thomas was that,
“America is still a land of opportunity.”
One of the most memorable moments in
the lecture came in response to a question
about Thomas’ thoughts on law school rankings and how attitudes toward the law school
hierarchy can impact the legal profession.
Thomas said he has never paid attention
to law school rankings and doesn’t think it
should matter when being considered for a
clerkship or job which law school someone
graduated from.
26
“There are smart kids everywhere,” he
said, “they’re male, they’re female, they’re
black, they’re white, they’re from the West,
they’re from the South, they’re from public schools, they’re from public universities, they’re from poor families, they’re from
sharecroppers, they’re from all over.”
He said that while he isn’t biased against
having Ivy Leaguers clerk for him, he intentionally seeks out those who aren’t from the
nation’s most elite schools.
Automatically excluding someone from
consideration for a position based on the
school they went to is the antithesis of what
the United States is about, Thomas said.
Thomas stressed the importance of a
practical approach to the law.
“Justice Thomas stressed that students
should take practical courses and that professors should write articles on practical topics,” Smith said, “which can assist the practicing bar in arguing cases, and judges in deciding those cases.”
Thomas also said that Supreme Court
opinions should be accessible to the average
person.
“Without condescension we are obligated to make what we say about the Constitution and (the people’s) laws accessible to
them,” he said.
w w w . l a w . ufl . e du / ufl a w - f a c ul t y
•Is one of the nation’s LARGEST
LAW SCHOOLS, with nearly
1,100 students, more than 50
tenured/tenure-track faculty and
40-plus other full-time faculty
who support the college through
clinical, research, skills training
and administrative programs. It
offers J.D. certificate programs in
Criminal Law, Environmental and
Land Use Law, Estates and Trusts
Practice, Family Law, Intellectual
Property Law, and International
and Comparative Law; an
extensive array of joint degree
programs; specialized centers,
institutes and program areas; and
strong clinical offerings.
• Is a high-quality, comprehensive
law school, with LEADING
PROGRAMS in dispute
resolution, GRADUATE
TAXATION, ENVIRONMENTAL
AND LAND USE LAW, and FAMILY
LAW. The Graduate Taxation
Program, which offers the LL.M.
in Taxation, LL.M. in International
Taxation and S.J.D. in Taxation, is
widely and consistently regarded
as one of the nation’s top
programs. The Environmental and
Land Use Law Program offers the
nation’s first LL.M. in the closely
related fields of environmental
and land use law.
•Has offered STRONG
INTERNATIONAL PROGRAMS
for more than three decades,
and many members of the faculty
are experts in international legal
issues. These programs and
its LL.M. in Comparative Law
Program for international lawyers
expand the school’s curriculum
and international offerings and
strengthen its ties with programs
and scholars around the globe.
•Has a longstanding tradition
of preparing its graduates for
significant leadership roles. Its
20,000 living alumni include
numerous leaders in law, business,
government, public service
and education at the state and
national level. No other law school
has produced as many presidents
The UF Law faculty is comprised of highly accomplished scholars
who bring remarkable experience and knowledge to the classroom.
In 2012-2013, our faculty served as experts to the media more than
600 times and were quoted in these major outlets:
•Associated Press
•BBC News
•NPR
•Slate.com
•NPR, All Things
•Canadian Broadcasting
Considered
Corporation
•NPR, Tell Me More
•Huffington Post
•The New York Times
•Law.com
•The Christian Science
•The Los Angeles Times
Monitor
•The Miami Herald
•Reuters
•The Orlando Sentinel
•BuzzFeed.com
•The Florida Bar News
•MSNBC
•The Gainesville Sun
•NBC News.com
•The Tampa Tribune
•The National Law
•Naples Daily News
Journal
•Florida Times-Union
•Forbes
•Florida Trend
•The Wall Street Journal
•Palm Beach Post
•Bloomberg News
2013 repor t from the faculty
of the American Bar Association
since 1973 — five including 201011 President Stephen N. Zack.
Graduates are also represented
by the majority of The Florida
Bar presidents, including five
of the last six: current president
Eugene Pettis (JD 85), Gwynne
Young (JD 74), Scott Hawkins
(JD 83), Mayanne Downs (JD
87), and John G. White III (JD
79). Four governors of Florida
and hundreds of state senators
and representatives and Florida
Cabinet members are UF Law
graduates. Eleven graduates
became college presidents,
including at UF. More than a
dozen have served as deans of law
schools. UF Law is ranked fourth
among public law schools and tied
for seventh overall in terms of the
number of law degrees granted to
sitting federal judges as of 2012.
More than 250 graduates serve as
state appellate and trial judges
in Florida, and many serve on the
bench in other states as well.
ADMINISTRATION
Robert H. Jerry II; Dean; Levin, Mabie and Levin
Professor of Law
alyson craig flournoy; Senior Associate Dean,
Academic Affairs
lyrissa lidsky; Associate Dean, International Studies
Sharon e. rush; Associate Dean, Faculty Development
Michael K. Friel; Associate Dean and Director,
Graduate Tax Program
Rachel Inman; Associate Dean, Student Affairs
claire M. germain; Associate Dean, Legal Information
debra K. staats; Associate Dean, Administrative and
Fiscal Affairs
Michelle adorno; Assistant Dean, Admissions
rob birrenkott; Assistant Dean, Career Development
Debra D. Amirin; Director, Communications
Lauren wilcox; Senior Director, Development and
Alumni Affairs
Send updates or corrections to Associate Dean for Faculty
Development Sharon E. Rush, Levin College of Law, PO
Box 117633, Gainesville, FL 32611-7633, or e-mail rush@
law.ufl.edu. The University of Florida is committed to nondiscrimination with respect to race, creed, color, religion,
age, disability, gender, marital status, sexual orientation,
national origin, political opinions or affiliations, and
veteran status.
27
The Foundation for The Gator Nation
Levin College of Law
P.O. Box 117633
Gainesville, FL 32611-7633
Non-Profit
Organization
U.S. Postage
PAID
Gainesville, FL
Permit No. 94
www.law.ufl.edu/uflaw-faculty