Florida State / College of Law / News and Activities / Faculty Activities

Faculty Activities

As listed in the Fall 2013 Florida State Law magazine

Frederick M. Abbott, Edward Ball Eminent Scholar
Article: On the Duality of Internet Domain Names: Propertization and Its Discontents, 3 N.Y.U. J. Intell. Prop. & Ent. L. 1 (Fall 2013). Presentations: Systemic Issues for the UDRP Raised by the Introduction of New Top Level Domains (Geneva, Switzerland, Annual Meeting of WIPO Arbitration and Mediation Center Panelists, October 2013); The Right to Enjoy the Benefits of Scientific Progress and Intellectual Property Rights: Conflict or Complementarity? (Geneva, Switzerland, Seminar on the Right to Enjoy the Benefits of Scientific Progress and Its Applications, Organized by the Office of the U.N. High Commissioner for Human Rights, October 2013); Human Rights and Intellectual Property Options to Advance the Report of the Global Commission on HIV and the Law (New York, New York, UNDP-UNAIDS meeting on work program of the Global Commission on HIV and the Law, September 2013); Science, Scarcity and Public Health: The search for new Pharma models (University of Basel, Switzerland, Distinguished Life Sciences Lecture, May 2013). Recognition: Serving as a sole panel expert appointed by the World Intellectual Property Organization, rendered an expert panel determination on July 9, 2013, regarding generic terms in domain names and their status as trademarks, available at http://www.wipo.int/export/sites/www/amc/en/domains/lro/docs/lro2013-0022.pdf; Serves as adviser to World Health Organization Project on Improving access to medical products in developing countries through building capacity for local production and related technology transfer.

Kelli A. Alces, Loula Fuller and Dan Myers Professor
Larry Ribstein’s Fiduciary Duties (University of Illinois College of Law Symposium Honoring Larry Ribstein, October 2013); Legal Diversification (Atlanta, Georgia, Georgia State University, October 2013) (South Bend, Indiana, Notre Dame Faculty Workshop, September 2013) (Columbus, Ohio, National Business Scholars Conference, June 2013) (Boston, Massachusetts, Law & Society Association Annual Meeting, June 2013) (Arlington, Virginia, George Mason University School of Law, Levy Workshop, April 2013).

Paolo Annino, Glass Professor of Public Interest Law
Presentations: Hope for Children Serving Life Sentences (San Francisco, California, American College of Trial Lawyers 2013 Annual Meeting, October 2013).

Rob E. Atkinson, Jr., Ruden McClosky Professor
: Re-Focusing on Philanthropy: Revising and Re-Orienting the Standard Model, 4 Wm. & Mary Pol’y Rev. 1 (2012); Should Our Republic Subsidize Tocqueville’s Democracy?, 9 Conversations on Philanthropy 9 (2012).

Shawn J. Bayern, Assistant Professor
Book: Closely Held Organizations (Carolina Academic Press 2013). Article: The Expectation Measure and Its Discontents (with Melvin A. Eisenberg), 2013 Mich. St. L. Rev. 1. Presentation: Offer and Acceptance: A Needless Concept (University of Edinburgh, Transatlantic Perspectives on Contract Law, August 2013).

Joseph M. Dodge, Stearns Weaver Miller Weissler Alhadeff & Sitterson Professor
Article: Disallowing Deductions Paid with Excluded Income, 32 Va. Tax Rev. 749 (2013).

Shi-Ling Hsu, Larson Professor
Articles: Politics and Climate Change: What Impedes a Carbon Tax? 36 Reg. 48 (2013); International Trade and Investment Law and Carbon Management Technologies (with Nigel Bankes, Anatole Boute, Steve Charnovitz, Sarah McCalla, Nicholas Rivers and Liz Whitsitt), 53 Nat. Res. J. 285 (2013); A Conservative Approach to Environmental Law: Be Data Driven, 23 Duke Envtl. L. & Pol’y F. 281 (2013). Presentations: The Case for a Carbon Tax (Ottawa, Ontario, Canada, Citizens Climate Lobby Canada Annual Meeting, Keynote Address, November 2013) (Washington, D.C, Citizens Climate Lobby Canada Annual Meeting, Plenary Address, June 2013); On the Legal Treatment of Capital and Rent-Preserving Activities (Champaign, Illinois, Midwestern Law and Economics Association Annual Meeting, October 2013); Capital Rigidities, Latent Externalities (Richmond, Virginia, University of Richmond School of Law, Allen Chair Symposium, October 2013).

Steve R. Johnson, University Professor
Presentations: Loving and Government Regulation of Tax Return Preparers (Philadelphia, Pennsylvania, Villanova University School of Law Tax Symposium, November 2013); Senior Commentator (Atlanta, Georgia, Emory University, Southeastern Law Schools Junior/Senior Scholarship Workshop, November 2013); When Can Taxpayers Rely on Favorable IRS Guidance? Weighing the IRS’s Conflicting Duties (Seattle, Washington, University of Washington School of Law Tax Symposium, October 2013).

Faye Jones, Director and Professor
Presentation: Unmanned Aircraft Systems: How Federal & State Laws Impact An Emerging Industry (New York, New York, Drones & Aerial Robotics Conference, October 2013).

Marshall B. Kapp, Professor of Medicine and Law
Chapter: Advance Medical Care Planning: The Legal Environment, in Advance Care Planning:  Communicating About Matters of Life and Death (Leah Rogne & Susana L. McCune, editors) (New York: Springer Publishing Company 2014). Articles: For Love, Legacy, or Pay:  Legal and Pecuniary Aspects of Family Caregiving, 14 J. Long-Term Home Health Care 205 (Fall 2013); Geriatric Patients, Firearms, and Physicians, 159 Annals Internal Med. 421 (September 2013); The Nursing Home as Part of the POLST Paradigm, 36 Hamline L. Rev. 151 (Spring 2013); Interprofessional Education for Future Physicians:  Including Legal Competencies (with Amy T. Campbell), 23(3S) Medical Sci. Educator 566 (2013). Presentations: Understanding and Managing the Legal Aspects of End of Life Medical Care in Florida (Atlantis, Florida, Continuing Education Conference on Challenges for the Hospital Ethics Committee sponsored by JFK Medical Center, October 2013); Interprofessional Collaboration on Behalf of Older Persons With Compromised Decisional Capacity:  Developing and Implementing Core Professional Competencies and The POLST Paradigm for Patients With Advanced, Irreversible Illness: Is There a Therapeutic Jurisprudence Basis for Legal Codification? (Amsterdam, Netherlands, 31st International Congress on Law and Mental Health sponsored by the International Academy of Law and Mental Health, July 2013); Developing Legal Competencies for Medical Curricula and Nursing Home Culture Change:  Legal Apprehensions and Opportunities (Newark, New Jersey, Annual Health Law Professors Conference sponsored by American Society of Law, Medicine & Ethics, June 2013).

Jeffrey H. Kahn, Charles W. Ehrhardt Professor and Associate Dean for Academic Affairs
Presentation: The Individual Mandate Tax Penalty (Champaign, Illinois, University of Illinois College of Law, Faculty Workshop Series, October 2013).

Jay Kesten, Assistant Professor
Article: Towards a Moral Agency Theory of the Shareholder Bylaw Power, 85 Temp. L. Rev. 485 (2013). Presentation: Auction Theory, Changes of Control, and the Problem of Corporate Pre-Commitments (Atlanta, Georgia, Emory Law School, Southeast Junior/Senior Faculty Workshop, November 2013).

David E. Landau, Assistant Professor and Associate Dean for International Programs
Articles: Abusive Constitutionalism, 47 U.C. Davis L. Rev. 189 (2013); Constitution-Making Gone Wrong, 64 Ala. L. Rev. 923 (2013). Presentations: Asymmetric Convergence in Comparative Constitutional Law (Montpelier Station, Virginia, First Annual Montpelier Roundtable on Comparative Constitutional Law (University of Virginia/Washington & Lee), James Madison's Montpelier: Center for the Constitution, October 2013); Abusive Constitutionalism (Bloomington, Indiana, Center for Constitutional Democracy, University of Indiana Maurer School of Law, Invited Presentation, September 2013) (Sydney, Australia, Macquarie University, International Symposium on Constitutional Rights, August 2013) (Palm Beach, Southeast Law Scholars Conference, August 2013) (Boston, Massachusetts, The Law & Society Association, 2013 Annual Meeting, May 2013); Unconstitutional Constitutional Amendments in the Case Study of Colombia: An Analysis of the Justification and Meaning of the Constitutional Replacement Doctrine (by Carlos Bernal) (Sydney, Australia, University of New South Wales, Commentator, August 2013); Social Rights in Latin America (Cali, Colombia, ICESI, Invited Presentation, August 2013); The Symbolic and the Material in the Enforcement of Social Rights: A Reply to Brian Ray (Johannesburg, South Africa, 5th Annual Constitutional Court Review Symposium (via Skype), July 2013); The Politics of Euro Constitutionalism in the ‘New’ Member States (by Jan Komarek) (Paris, France, College de France, Commentator, June 2013).

Jake Linford, Assistant Professor
Article: Trademark Owner as Adverse Possessor, 63 Case W. Res. U. L. Rev. 703 (2013). Presentations: The Cognitive Linguistics Theory of Trademark Transformation (Chicago, Illinois, The University of Chicago Law School, Legal Scholarship Workshop, November 2013); Constitutional Infrastructure (Chicago, Illinois,  Loyola University of Chicago School of Law, Fourth Annual Constitutional Law Colloquium, November 2013) (New York, New York, Cardozo Law School, 13th Annual Intellectual Property Scholars Conference, August 2013); Speech and Progress Institutions (Newark, New Jersey, Seton Hall Law School, Works in Progress: Intellectual Property, February 2013).

Wayne A. Logan, Gary & Sallyn Pajcic Professor
Chapter: Information and Social Control, 137 in The Constitution and the Future of Criminal Justice in America (John Parry & Song Richardson, editors) (Cambridge University Press 2013). Article: Informal Collateral Consequences, 88 Wash. L. Rev. 1103 (2013). Presentations: Invited Panel Critic: Sentencing Reform in America, 1975-2025, by Professor Michael Tonry (University of Minnesota Law School, November 2013); The Fourth Amendment and False Positives (San Diego, California, Association of American Law Schools Criminal Justice Section Mid-Year Meeting, June 2013); Crime and Punishment Course (with Judges Ron Flury, Terry Lewis and Nina Ashenafi Richardson) (Florida College of Advanced Judicial Studies, May 2013); Informal Collateral Consequences (University of Minnesota Law School, March 2013).

Bruce A. Markell, Jeffrey A. Stoops Professor
Presentations: Trial Practice for Consumer Bankruptcy Attorneys (Austin, Texas, Advanced Consumer Bankruptcy Practice Institute, Faculty, November 2013); Valuation, Challenging Legal and Factual Issues (Atlanta, Georgia, Secured Creditors Subcommittee of the ABA Business Bankruptcy Committee,  November 2013); Real Estate Issues in the Bankruptcy Courts (American Bar Association Real Property and Trust and Estate Section, Professors’ Corner, August 2013); Residential Mortgages (Vienna, Austria, Third Workshop on European Corporate and Household Insolvency, International Monetary Fund, JVI, Presenter and Moderator, May 2013); Fundamentals of Bankruptcy (Philadelphia, Pennsylvania, ALI/ABA Annual Program, Planning Co-Chair and Presenter, April 2013); Bankruptcy Current Developments (Las Vegas, Nevada, Norton Institute on Bankruptcy, (Consumer and Business Issues), March 2013); Trial Practice for Consumer Bankruptcy Attorneys (Kansas City, Missouri, Advanced Consumer Bankruptcy Practice Institute, Faculty, January 2013).

David L. Markell, Steven M. Goldstein Professor and Associate Dean for Environmental Programs
Article: Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out (with E. Hammond), 37 Harv. Envtl. L. Rev. 313 (2013). Presentations: Adaptation Challenges and a Review of Ongoing Initiatives (Tallahassee, Environmental Forum, November 2013); Fundamental Dysfunctions in Administrative Law (Palm Beach, Administrative Law Discussion Group, Southeastern Association of Law Schools, August 2013). Recognitions: Co-authored article, Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out, was identified as one of the best works of recent scholarship relating to administrative law in a review published in Jotwell (July 2013); Continued to serve as a member of the North American Commission for Environmental Cooperation National Advisory Committee; Serves as a member of the Organization of American States Sustainable Development Advisory Committee.

Murat Mungan, Assistant Professor
Presentations: Abandoned Criminal Attempts: An Economic Analysis (Georgetown University Law Center, Law and Economics Workshop, MONTH 2013) (University of Michigan Law School, Law and Economics Workshop, MONTH 2013); Forfeiture of Illegal Gains, Attempts and Implied Risk Preferences (23rd Annual Meeting of the American Law and Economics Association, MONTH 2013); Reverse Payments, Perverse Incentives (23rd Annual Meeting of the American Law and Economics Association, MONTH 2013); A Behavioral Justification for Escalating Punishment Schemes (Canadian Law and Economics Association, Annual Meeting, MONTH 2013).

Garrick Pursley, Assistant Professor
Presentation: The Campaign Finance Safeguards of Federalism (Chicago, Illinois, Loyola Constitutional Law Colloquium, November 2013).

Mark B. Seidenfeld, Patricia A. Dore Professor of Administrative Law and Associate Dean for Research
Article: Foreword to the Annual Review of Administrative Law:  The Role of Politics in a Deliberative Administrative State, 81 Geo. Wash. L. Rev. 1397 (2013).

Nat S. Stern, John W. & Ashley E. Frost Professor
Articles: Secondary Speech and the Protective Approach to Interpretive Dualities in the Roberts Court, 22 Wm. & Mary Bill Rts. L.J. 133 (2013); Advancing an Adaptive Standard of Strict Scrutiny for Content-Based Commercial Speech Regulation (with Mark Joseph Stern), 47 U. Rich. L. Rev. 1171 (2013). Presentations: Graphic Labels, Dire Warnings, and the Facile Assumption of Factual Content in Compelled Commercial Speech (Charlottesville, Virginia, University of Virginia School of Law, Jefferson Symposium on Compelled Commercial Speech, October 2013); The Force of a Legal Concept: The Steady Extension of the Actual Malice Standard (Chapel Hill, North Carolina, University of North Carolina School of Law, Symposium on the 50th Anniversary of New York Times v. Sullivan, October 2013).

Mark Spottswood, Assistant Professor
Presentations: The Perils of Judicial Productivity (Boston, Massachusetts, Benchmarks: Evaluating Measurements of Judicial Productivity, New England Law Review Symposium, November 2013); The Hidden Structure of Fact-Finding (Rome, Italy, International Conference on Artificial Intelligence and Law, Workshop on Formal Argument and Evidential Inference, Consiglio Nazionale delle Ricerche, June 2013); Moods and Emotions in Fact-Finding (Lexington, Kentucky, University of Kentucky College of Law, Faculty Workshop, April 2013).

Fernando Tesón, Tobias Simon Eminent Scholar
Presentations: When Philosophers Misdiagnose: Comments on Nicole Hassoun, Globalization and Global Justice (Cambridge U.P. 2013) (San Francisco, California, American Philosophical Association Annual Meeting, May 2013); Natural Law and International Law: The Case of the Armenian Genocide (University of San Diego Law School, March 2013).

Franita Tolson, Betty T. Ferguson Professor of Voting Rights
Articles: The Union as a Safeguard Against Faction: Congressional Gridlock as State Empowerment, 88 Notre Dame L. Rev. 2267 (2013) (invited); Second Order Diverse in Name Only?: Sovereign Authority in Disaggregated Institutions, 48 Tulsa L. Rev. 455 (2013) (invited). Presentations: The Constitutional Structure of Voting Rights Enforcement (Loyola University Chicago School of Law Constitutional Law Colloquium, November 2013) (University of Chicago Law School, Legal Scholarship Workshop, November 2013) (Cornell Law School, Constitutional Law and Theory Colloquium, October 2013) (University of Utah S.J. Quinney College of Law, Faculty Workshop, September 2013) (American Political Science Association Annual Meeting, The Future of the Voting Rights Act after the Shelby County Case, August 2013) (American Constitution Society National Convention, Constitutional Interpretation Schmooze, June 2013) (Duke Law School Center on Law, Race, and Politics, Culp Colloquium, May 2013) (Indiana University Maurer School of Law, Social Equality: Looking Forward/Looking Back after the 2012 Presidential Election, April 2013 (invited)); Judicial Decision Making and Election Administration: The Role of the Courts in the 2012 Election (Southeastern Association of Law Schools Annual Meeting, August 2013); Fresh Perspectives and the Future of Federalism (American Constitution Society National Convention, Rising Stars Panel, June 2013 (invited)).

Manuel A. Utset, Jr., William & Catherine VanDercreek Professor
Articles: Transitive Counterparty Risk and Financial Regulation, 78 Brooklyn L. Rev. 1441 (2013); Financial System Engineering, 32 Rev. Banking & Fin. L. 371 (2013); Corporate Actors, Corporate Crimes and Time-Inconsistent Preferences, 2 Va. J. Crim. L. 1 (2013);  Response to Comments by Professors Baer, Candeub, Medwed, Painter, and Prentice, 2 Va. J. Crim. L. 152 (2013). Presentations: The Perverse Effect of Heightened Pleading Requirements for Securities Class Actions (University of Illinois, Corporate & Securities Litigation Roundtable, November 2013); The Market for Lemmings (Law & Society Conference, Roundtable on Herd Behavior, Groupthink, and Financial Bubbles, June 2013).

Donald J. Weidner, Dean and Alumni Centennial Professor
Book: The Revised Uniform Partnership Act (with Robert W. Hillman & Allan G. Donn) (Thomson Reuters 2013) (successor to 1999-2012 editions).

Hannah Wiseman, Assistant Professor
Articles: Risk and Response in Fracturing Policy, 84 U. Colo. L. Rev. 729 (2013); Dynamic Energy Federalism (with Hari M. Osofsky), 72 Md. L. Rev. 773 (2013); Community-Scale Renewable Energy (with Sara C. Bronin), 4 San Diego J. Climate & Energy L. 165 (2012-2013) (symposium); Hydraulic Fracturing and Information Forcing, 74 Ohio St. L.J.  Furthermore 86 (2013) (invited); Rethinking the Renter-Owner Divide in Private Governance, 2012 Utah L. Rev. 2067 (2012). Presentations: TITLE (Baton Rouge, Louisiana State University Paul M. Hebert Law Center, Liskow & Lewis Visiting Professorship in Energy Law, Invited Inaugural Lecturer, October 2013); State Shale Gas Regulation in the Appalachian Basin:  Recent Enhancements, Remaining Gaps, and Opportunities for Change (Morgantown, West Virginia, National Research Council, Workshop on the Development of Unconventional Hydrocarbon Resources in the Appalachian Basin, September 2013); Evaluating and Enhancing the Capacity of the States to Govern Unconventional Oil and Gas Development and Risks (Washington, D.C., National Research Council, Committee on Risk Management and Governance Issues in Shale Gas Development, Shale Gas Workshop #2, August 2013); Teaching Unconventional Gas and Oil Issues (Flagstaff, Arizona, Rocky Mountain Mineral Law Foundation, Sixteenth Institute for Natural Resources Law Teachers, Invited Panel Organizer and Moderator, May 2013); Diseconomies of Scale in Energy Law (Minneapolis, Minnesota, University of Minnesota, Consortium on Law and Values in Health, Environment & the Life Sciences, Legal & Policy Pathways for Energy Innovation, April 2013).

Samuel R. Wiseman, Assistant Professor
Article: Liberty of Palate, 65 Maine L. Rev. 737 (2013) (symposium). Presentation: Enforcing Food Localism (Virginia Beach, Virginia, Regent Law Review Symposium on Emerging Issues in Food Law, September 2013). 

Mary Ziegler, Assistant Professor
Articles: Roe's Race: The Supreme Court, Population Control, and Reproductive Justice, 25 Yale J.L. & Feminism 1 (2013); Women's Rights on the Right: The History and Stakes of Modern Pro-Life Feminism, 28 Berkeley J. Gender L. & Just. 232 (2013). Presentations: Constructing Backlash: Legal History, the Pro-Life Movement, and Roe v. Wade (Boston, Massachusetts, Law and Society Conference, May 2013); The Ascendancy of Choice: Remaking the Abortion-Rights Movement (New Orleans, Louisiana, American Historical Association Conference, January 2013).