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Faculty Activities

As listed in the Spring 2014 Florida State Law magazine

Frederick M. Abbott, Edward Ball Eminent Scholar
Article: The LDC Medicines Extension Quest ion:Contemplating Next Steps, 3 Bridges Africa: Trade and Sustainable Development News and Analysis on Africa 15 (September 2014). Presentations: Transfer of Technology and a Global Clean Energy Grid (Berne,Switzerland, Meeting on InternationalTrade in Electricity and the Greening Economy, World Trade Forum, World Trade Institute, September 2014); Local Production of Pharmaceutical Products in Africa: The WHO approach (Chicago,Illinois, 2014 Annual Meeting of the Society for the Advancement of Socio-Economics, July 2014). Recognition:Serving as administrative panelist for the World Intellectual Property Organization Arbitration and Mediation Center, rendered several decisions in matters involving trademarks and domainnames.

Kelli A. Alces, Loula Fuller and Dan Myers Professor
Presentations
:Fiduciary Gaps (DePaul UniversitySchool of Law,Faculty Workshop,October 2014) (The University of Chicago Law School, Work-in-Progress Workshop, October 2014) (University of Illinois College of Law, Faculty Workshop, September 2014) (George Mason University School of Law, Levy Workshop, August 2014); Balance and
Team Production
(Seattle University Law School, Adolf A. Berle, Jr. Center on Corporations, Law and Society Symposium,“Berle VI,” June 2014).

Paolo Annino, Glass Professor of Public Interest Law
Presentations:
Present at ion:The Iowa Innovations: the Abolish of Juvenile Minimum Mandatory Sentencing and the Requirement of Miller Principles to all Lengthy Juvenile Prison Terms (Boston, Massachusetts, American Bar Association, New Frontiers in Juvenile Justice after Miller v. Alabama, August 2014).

Rob E. Atkinson, Jr., Ruden McClosky Professor
Chapter
: Philanthropy’s Function: A Neo-Classical Re-Consideration, in Not for Profit Law: Theoretic a l a n d
Comparative Perspectives (Matthew Harding, editor) (Cambridge University Press 2014). Presentations:The Hidden Promise of Huntington’s The Soldier and the State: Military Professionals as Guardians of the Republic (Georgetown University Law Center, Panel Presentation, U.S. Court of Appeals for the Armed Forces, 2014 Continuing Legal Education and Training Program, May 2014); Law and Business as Paired Professions: The Prophecy– and Promise! – of Justice Brandeis (Orlando, 50th Attorneys’ Title Insurance Fund Assembly, May 2014);Virtuous Bureaucrats as the Hope of the World (Tallahassee, Florida Department of Business and Professional Regulation,May 2013).

Shawn J. Bayern, Larry and Joyce Beltz Professor of Torts
Article:
Dynamic Common Law and Technological Change:The Classification of Bitcoin,71 Wash. & Lee L. Rev. Online 22 (2014).

Donna R. Christie, Elizabeth C. & Clyde W. Atkinson Professor
Presentations: Implementation of Ocean Policy through Marine Spacial Planning (Qingdao,China,Ocean University of China, May 2014); United States Ocean Policy and the International Law of the Sea (Jinan, China, Shandong University School of Law, May 2014) (Shanghai University of International Business and Economics School of
Law, April 2014).

Charles W. Ehrhardt, Emeritus Professor
Book:
Florida Evidence (2014 ed., Thomson-West)

Elizabeth. F. Clifford, Associate Director Resource Center
Presentation:
Present at ion: Survey of Entrepreneurial Law Programs at ABA Accredited Law Schools (Atlanta, Georgia, Emory University School of Law, Fourth Biennial Conference on Teaching Transactional Law and Skills, June 2014)

Shi-Ling Hsu, Larson Professor
Articles
: A Cost- Benefit Analysis of Sugary DrinkRegulation, 10 J. Food L. & Pol’y 75 (2014); Climate Change Regulation and Prediction Markets, 37 Regulation 34 (2014); Environmental Law Without Congress, ABA Section of Environment, Energy and Resources TRENDS (September/October 2014). Presentations: Rise and Rise of the One Percent: On Thomas Piketty’s Capital in the 21st Century (Indianapolis, Indiana, Midwestern Law and Economics Association Annual Meeting, October 2014) (Atlanta, Georgia, Emory University School of Law, September 2014); Capital Rigidities, Latent Externalities (Chicago, Illinois, American Law and Economics Association Annual Meeting, May 2014); The Accidental Postmodernists, (Chicago, Illinois, Sixth Annual Society for Environmental Law and Economics Meeting, May 2014); Prediction Markets and Climate Regulation (Atlanta, Georgia, American Bar Association Section of Administrative and Regulatory Practice, May 2014).

Steve R. Johnson, University Professor
Chapter:
Legal Interpretation of Tax Law: United States, in Legal Interpretation of Tax Law 319 (Robert F. van Brederode & Richard Krever, editors) (Wolters Kluwer 2014). Book Supplement: 2014Supplement to Civil Tax Procedure (2nd ed., LexisNexis). Articles: Loving and Legitimacy: IRS Regulation of Tax Return Preparation, 59 Villanova L. Rev. 515 (2014); Reflections on Home Concrete: Writing Tax Regulations and Interpreting Tax Statutes, 13 Fla. St. U. Bus. Rev. (2014); Using Administrative Law to Challenge IRS Determinations, 88/6 Fla. Bar J. 81 (June 2014); Auer/ Seminole Rock Deference in the Tax Court, 11 Pitt. Tax Rev. 1 (2014). Presentations: Is a U.S. Value-Added Tax Inevitable? (Seattle, Washington, 2014 University of Washington Tax Law Symposium, October 2014); Recent Developments Involving Circular 230 and Tax Practitioner Regulation (Federal Bar Association Section on Taxation Tax Practice and Procedure Monthly Round Table National Telephone CLE, September 2014); What’s Going on with Circular 230? Final Regulations on Written Tax Advice, Litigation Development from Loving to Ridgely and the Question of What Next (Denver, Colorado, American Bar Association Section of Taxation Standards of Practice Comm., September 2014); The Fallout From Loving: How Broad an Impact on Circular 230? (American Bar Association Section of Taxation National Webinar CLE, July 2014); Characterizing the Tax Court’s Power: From Freytag to Kuretski (Washington, D.C., American Bar Association Section of Taxation Pro Bono and Tax Clinics Comm., May 2014); Seeking Damages against the IRS for Wrongful Collection Actions (Orlando, Florida Bar Association Tax Section Annual Meeting, April 2014).

Faye Jones, Director of Research Center and Professor
Presentations
: Distance Education in Legal Education – Where do we go from here? (Amelia Island, Southeastern
Association of Law Schools, Discussant, August 2014); Commenter on Alan Rubel and Mei Zhang, Four Facets of Privacy and Intellectual Freedom in Licensing Contracts for Electronic Journals (Washington, D.C., Georgetown University, The 7th Annual Privacy Law Scholars Conference. June 2014)

Marshall Kapp, Professor of Medicine and Law
Chapters:
Impaired Professionals (with Michael Nair-Collins), in Bioethics (Bruce Jennings, editor) (4th ed.
Macmillan Reference 2014); Aging and the Aged: Research Ethics, in Bioethics (Bruce Jennings, editor) (4th ed., Macmillan Reference 2014). Articles: Old Age is No Time to Be Doing Time, 62 J. Am. Geriatrics Soc’y 775 (2014); I’m Getting Turned Off: Emerging Consensus on Deactivating Cardiac Implantable Electronic Devices, 33 Med. & L. 14 (2014); Older Persons and Compromised Decisional Capacity: The Role of Public Policy in Defining and Developing Core Professional Competencies, 26 J. Aging & Soc. Pol’y 295 (2014). Book Review Essays: Are
Nursing Home Regulations Like Cobwebs? Review of “The Rule of Nobody” by Philip K. Howard, 54 Gerontologist
885 (October 2014); Review of “Global Health Law” by Lawrence O. Gostin, 26 Int’l J. Risk & Safety Med. 177 (2014). Presentations: Home and Community-Based Long Term Services and Supports: Health Reform’s Most
Enduring Legacy?
(Columbia, Missouri, Conference sponsored by University of Missouri School of Medicine, Center
for Health Ethics, October 2014); Making Medical Practice More Rational: Does the Law Help or Hurt? (Toledo,
Ohio, University of Toledo Annual Law Review Symposium, October 2014) (San Francisco, California, 37th
Annual Health Law Professors Conference of the American Society of Law, Medicine & Ethics, June 2014); Grand
Rounds Presentation (Indianapolis, Indiana, Department of Dermatology, Indiana University School of Medicine,May 2014)

Jay Kesten, Assistant Professor
Presentations:
Adjudicating Corporate Auctions (Atlanta, Georgia, Emory University Law School, Southeastern Junior/Senior Faculty Workshop, November 2013) (Toronto, Ontario, Canada, University of Toronto Law School, Canadian Law and Economics Association Annual Conference, September 2014) (Amelia Island, Southeastern Association of Law Schools Annual Conference, August 2014) (Los Angeles, California, Loyola Law School, National Business Law Scholars Conference, June 2014).

Lawrence S. Krieger, Clinical Professor and Director of Clinical Externship Programs
Articles
: Walking the Ta l k : Value Importance, Value Enactment, and Well-Being, 38 J. Motiv. & Emotion
609 (2014); Service Job Lawyers are Happier than Money Job Lawyers, Despite their Lower Income, 9 J. Pos. Psych. 52 (2014). Presentation: What Makes Lawyers Happy? New Findings on 6,200 Lawyers (Albany, New York, New York State Bar Association, Statewide Legal Education Conference, September 2014).

David E. Landau, Mason Ladd Professor and Associate Dean for International Programs
Chapter :
The Promise of A Minimum Core Approach: The Colombian Model for Judicial Review of Austerity
Measures, in Economic and Social Rights after the Global Financial Crisis
(Aoife Nolan, editor) (Cambridge University Press 2014). Presentations: Constraining Constitutional Amendment (Boston College Law School, Clough Center for the Study of Constitutional Democracy, Symposium on Constitution-Making and Constitutional Change, October 2014); Abusive Constitutionalism: A Comparative Perspective on Constitutional Change in Ecuador (Guayaquil, Ecuador, Universidad Espíritu Santo, September 2014); Improving Judicial Remedies for Social Rights (New Haven, Connecticut, Yale Law School Human Rights Workshop, September 2014); The Success and Failure of the New Constitutionalism in Latin America (Bogota, Colombia, Universidad de los Andes, August 2014) (Washington, D.C., AALS Workshop on Transnational Equality, June 2014); A Dynamic Theory of Judicial Role (Stanford, California, Harvard/ Yale/Stanford Junior Faculty Forum, June 2014) (Portland, Oregon, Lewis &
Clark Law School, American Society of Comparative Law, Younger Comparativists Committee Annual Meeting,
April 2014); Commentator, Religion, Human Rights and Constitution-Writing in Brazil (by Rodrigo Vitorino Souza
Alves) (Bielefeld, Germany, Workshop on Constitution Writing, Religion, and Human Rights, Center for Interdisciplinary Research (ZIF), June 2014); The Construction of Judicial Power in Colombia (Chicago, Illinois, Latin American Studies Association Annual Meeting, May 2014).

Jennifer P. LaVia, Legal Writing Professor
Book:
Florida Legal Research (with Barbara Busharis & Suzanne Rowe) (4th ed., Carolina Academic Press 2014).

Tahirih V. Lee , Associate Professor
Presentations:
Sovereignty and Autonomy in Extraterritorial Shanghai (Weatherhead Center for International
Affairs, Harvard University, Harvard Academy Alumni Conference, Panel entitled “Self-Government, Representation, and Sovereignty: Who Governs?,” September 2014); The Role of Courts in the Urban Development of Pre-World War II Shanghai (Asian Studies Department, Northeastern University, September 2014); Land Law in the Shanghai Zujie (Beijing, China, Renmin University, July 2014); Property Rights in the International Settlement and French Concession of Shanghai (Minneapolis, Minnesota, 50th Anniversary Law and Society Association Annual Meeting, May 2014).

Jake Linford, Assistant Professor
Article:
The Institutional Progress Clause, 16 Vand. J. Ent. & Tech. L. 533 (2014). Presentations: Constitutional Infrastructure (New York City, NYU School of Law, 2nd Thematic Conference on Knowledge Commons, September 2014); The Death of De Facto Secondary Meaning (Berkeley, California, UC Berkeley School of Law, 14th Annual Intellectual Property Scholars Conference, August 2014); Semantic Shift and Trademark Incapacity (Des Moines, Iowa, Drake University Law School, Intellectual Property Scholars Roundtable, March 2014).

Wayne A. Logan, Gary & Sallyn Pajcic Professor
Article:
Mercenary Criminal Justice (with Professor Ronald F. Wright), 2014 U. Ill. L. Rev. 1175. Presentations:
Database Infamia: Exit from the Sex Offender Registries (Madison, Wisconsin, University of Wisconsin Law School,
October 2014); Andrew Taslitz: The Fourth Amendment’s Happy Warrior (Washington, D.C., Howard University Law School, September 2014); Fourth Amendment Cases from the Supreme Court’s 2013 Term (Tallahassee, First
District Court of Appeal, September 2014); A House Divided: When State and Lower Federal Courts Disagree on Federal Constitutional Rights (Amelia Island, Southeastern Association of Law Schools Annual Meeting, August
2014); Current and Emerging Legal and Policy Issues Concerning Sex Offender Registration and Community Notification (Wheeling, West Virginia, Annual Meeting of West Virginia Public Defender Services, June 2014).

Bruce A. Markell, Jeffrey A. Stoops Professor
Articles:
Homonym Horrors: De Novo Review and Executive Benefits Insurance Agency v. Arkison, 34
Bankruptcy Law Letter 8
(August 2014); Trust Me: Restitution, Constructive Trusts and Mississippi Valley Livestock, 34 Bankruptcy Law Letter 5 (May 2014). Presentations: American Bankruptcy Law for Europe (Brussels, Belgium, Presentation to the legal and financial staff of the European Union Commission, July 2014); Household Debt and Insolvency and Corporate Debt and Insolvency (Vienna, Austria, Seminar on European Insolvency Laws, sponsored by the International Monetary Fund and the Joint Vienna Institute, May 2014); The (Il)Legitimacy Of Bankruptcies For The Benefit Of Secured Creditors (Chicago, Illinois, University of Illinois Symposium on the Secured Creditor and Chapter 11, April 2014); Surviving Individual Business Bankruptcies: Considerations When Choosing Between Chapter 13 and Chapter 11 (Washington, D.C., American Bankruptcy Institute Spring Meeting,
April 2014). Recognition: Served as a reporter for the Task Force to Revise Bankruptcy Law of Kosovo, Pristina,
Kosovo, July 2014.

David Markell, Professor and Associate Dean for Environmental Programs
Article:
Enforcement and Regulatory Governance, Reg- Blog ( June 16, 2014) (a solicited featured essay in the University of Pennsylvania Program on Regulation REGBLOG concerning A Holistic View of Agency Enforcement, 93
N.C. L. Rev. _ (forthcoming 2014)). Recognitions: Continued to serve as a member of Florida’s Statewide Community Resiliency Focus Group and the State Department of Health’s Building Resilience Against Climate Effects (BRACE) Technical Advisory Group, as well as the Florida Climate Institute; Co-written article, Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out (with E. Hammond), 37 Harv. Envtl L. Rev. 313 (2013), was selected as one of the top six environmental law articles published in 2013 and will be reprinted in 45 Land Use & Envt. L. Rev. _ (2014-2015). The article also was identified as one of the best works of recent scholarship relating to administrative law in a review published in Jotwell.

Murat Mungan, Assistant Professor
Presentations:
The Effect of Type-I Error on Deterrence (Faculty of Law, University of Toronto, Canadian
Law and Economics Association, Annual Meeting, September 2014); Wrongful Convictions and the Punishment of Attempts (Faculty of Law, University of Toronto, Canadian Law and Economics Association, Annual Meeting, September 2014) (Copenhagen Business School, Mini-Conference on the Law and Economics of Crime, May 2014) (Bilkent University, First International Law & Economics Conference, April 2014); Reverse Payments, Perverse Incentives (Copenhagen Business School, Seminar, May 2014); Abandoned Criminal Attempts: An Economic Analysis (Bilkent University, First International Law & Economics Conference, April 2014). Recognitions: Won the Best Young Scholar Prize at the First International Law & Economics Conference for Abandoned Criminal Attempts: An Economic Anaylsis.

Garrick Pursley, Assistant Professor
Article:
The Campaign Finance Safeguards of Federalism, 63 Emory L.J. 781 (2014); Doctrine and Deep
Questions, 2014 Utah L. Rev. OnLaw, at http://epubs. utah.edu/index.php/utahonlaw/article/ download/1224/900. Presentation: A Ringside Seat for the Cobell Case (Washington, D.C., Indian Land Tenure Foundation CLE Program, July 2014).

Mark B. Seidenfeld, Patricia A. Dore Professor of Administrative Law and Associate Dean for Research
Presentations:
Commenter, Southeast Law Schools Junior-Senior Faculty Workshop (Tallahassee, Florida State University College of Law, October 2014); Some Musings on Guidance Documents (Washington D.C., Administrative Law Section of the ABA, Fall Meeting, October 2014)

Nat S. Stern, John W. & Ashley E. Frost Professor
Articles:
Graphic Labels, Dire Warnings, and the Facile Assumption of Factual Content in Compelled Commercial
Speech
, 29 J.L. & Pol. 577 (2014) (symposium); The Force of a Legal Concept: The Steady Extension of the Actual Malice Standard, 12 First Amend. L. Rev. 449 (2014) (symposium).

Ruth E. Stone, Wayne and Pat Hogan Professor of Trial Practice
Presentation:
Overview of Dissolution of Marriage (Tallahassee, Young Lawyers Division,Tallahassee Bar Association, September and October 2014).

Mark Spottswood, Assistant Professor
Article
: The Perils of Productivity, 48 New Eng. L. Rev. 503 (2014).

Franita Tolson , Betty T. Ferguson Professor of Voting Rights
Articles: The Constitutional Structure of Voting Rights Enforcement, 8 9 Wa sh. L . Rev. 379 (2014);
Congressional Authority to Protect Voting Rights after Shelby County and Arizona Inter Tribal, 13 Election L.J. 322 (2014). Presentations: The 50th Anniversary of the Civil Rights Act – What Progress Has Been Made, What Ground Has Been Lost, and What the Future Holds (Savannah, Georgia, National Association of Appellate Court Attorneys Annual Conference, July 2014); Overview of Post-Shelby County Issues and Pending Voting Rights Litigation (Atlanta, Georgia, ACS Voting Rights Litigation Training, October 2014).   

Manuel A. Utset, Jr. , William & Catherine VanDercreek Professor
Articles:
Criminal Addictions, 74 Pitt. L. Rev. 673 (2014); Rational Financial Meltdowns, 10 Hastings Bus.
L.J. 407 (2014). Presentation: Poison Pills for Latent Harm (paper co-written with S. Hsu) (University of Illinois College of Law, Society for Environmental Law and Economics, May 2014).

Donald J. Weidner, Dean and Alumni Centennial Professor
Book
: The Revised Uniform Partnership Act (with Robert W. Hillman & Allan G. Donn) (Thomson Reuters 2014) (successor to 1999-2013 editions). Article: Starting Line, 30-9 Power & Motoryacht 152 (September 2014) (guest column). Presentation: Law School Entrepreneurship (Amelia Island, Southeastern Association of Law Schools Annual Meeting, Panelist, August 2014).

Hannah Wiseman, Assistant Professor
Articles:
Regulatory Islands, 89 N.Y.U. L. Rev. (forthcoming October 2014); A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing (with
David A. Dana), 99 Iowa L. Rev. 1523 (2014); The Capacity of States to Govern Shale Gas Development Risks, 48 Envtl. Sci. & Tech. 8376, issue 15 (2014). Presentations: Allocating Energy Governance (Vancouver, Canada, Association for Law, Property, and Society, panelist and moderator, May 2014); Natural Resource Extraction Planning and Law (Atlanta, Georgia, American Planning Association, Advanced Environmental Planning Workshop, Environmental Planning Practices, invited presenter, April 2014); Local Energy Governance: Strategies to Address Disproportionate Impacts (Columbus, Ohio, Ohio State University Moritz College of Law, Ohio Energy: Emerging Issues in Law, Finance and Regulation, invited panelist, April 2014); The Fracking Revolution: A Case Study in Policy Levers to Promote Innovation (University of Texas School of Law, Faculty Colloquium, co-presenter with John M. Golden, April 2014) (New Haven, Connecticut, Yale Law School Information Society Project, Innovation Law Beyond IP, co-presenter with John M. Golden, March 2014); Addressing Shale Gas Governance Gaps (New Haven, Connecticut, Yale Center for Environmental Law and Policy & Land Use Law Center, Pace Law School, Yale Law School, Controlling the Local Impacts of Hydrofracking, featured speaker, March 2014). Recognitions: Received the Best Speaker Award for the September 2013 Florida Section Air & Waste Management Association’s 49th Annual Conference; Serves as a working group team member, Science for Nature and People, The Nature Conservancy and National Center for Ecological Assessment and Synthesis, Hydraulic Fracturing: Impacts on Water Quality and Quantity, UC Santa Barbara; Is a selected member of the peer review panel for the HydraulicFracturing in Michigan Integrated Assessment, University of Michigan.

Samuel R. Wiseman, Assistant Professor
Article:
Fraud in the Market, 26 Regent L. Rev. 367 (2014) (symposium). Presentations: The FDA and Food
Labeling: Current Issues
(Georgetown University, O’Neill Institute for National and Global Health, O’Neill Institute Summer Program on Emerging Issues in Food and Drug Law, invited presenter, July 2014); Is “Food Court” Helping Consumers? The Historical Context of Food Labeling Litigation and the Role of Litigation in System Reform (UCLA, Resnick Program for Food Law and Policy, 2014 Food Litigation Conference, invited panelist, April 2014.)

Mary Ziegler, Assistant Professor
Articles: Abortion and the Constitutional Right (Not) to Procreate, 48 U. Rich. L. Rev. 1263 (2014); The Price of Privacy, 1973 to the Present, 37 Harv. J.L. & Gender 285 (2014); Beyond Backlash: Legal History, Polarization, and Roe v. Wade, 71 Wash. & Lee L. Rev. 969 (2014). Presentations: Originalism and the Making of Pro-Life Constitutionalism, 1965-1985 (Columbus, Ohio, Policy History Conference, June 2014); Illegitimate Conceptions: Unwed Motherhood and the Remaking of the Abortion Wars (Minneapolis, Minnesota, Law and Society Association Conference, May 2014); Negotiating the Double Standard: Sex in the Abortion Debate, 1965-1980 (Atlanta, Georgia, Organization of American Historians Conference, April 2014).