Faculty Activities

As listed in the Fall 2012 Florida State Law magazine

Frederick M. Abbott, Edward Ball Eminent Scholar
Reports: Multilevel Governance Problems at the Intersection of Trade, Health and the Global Knowledge Economy, in Multilevel Governance of Interdependent Public Goods (Ernst-Ulrich Petersmann, editor) (European University Institute Working Papers 2012) (RSCAS 2012/23); Tenth Report of the Committee on International Trade Law, International Law Association, Sofia Conference (2012) (Co-Rapporteur). Presentations: Law, Finance, Politics and Health: The complex access challenge (Geneva, Switzerland, Global Health Law: Innovation, Access and Justice, the Annual Lecture of the LL.M. Programme in Global Health Law and International Institutions, Graduate Institute of International Studies, October 2012); Reflections on Bad Faith: Registration and Transferees (Geneva, Switzerland, Annual WIPO Domain Name Panelists Meeting, WIPO Arbitration and Mediation Center, October 2012); Issues in the Framework Report on Public Health and Intellectual Property (Gaborone, Botswana, Second Expert Working Group Meeting on Public Health and Intellectual Property – WIPO Initiative on a Framework for Designing National IP Strategies for Development, World Intellectual Property Organization and the Registrar of Companies and Intellectual Property, August 2012); Developments in US Jurisprudence in the Fields of Biotechnology and Pharmaceutical Patenting (Chicago, Illinois, Academy of Judicial Exchange and Study, June 2012); International Technology Transfer (Budapest, Hungary, Central European University, May 2012); The Generics Pathway in the USA: the American Experience, a Model for the World? (Mexico City, Mexico, National Association of Pharmaceutical Manufacturers, May 2012); Co-Chair/Co-Organizer of conference on Emerging Markets and the World Patent Order (Tallahassee, Florida State University College of Law, April 2012).

Wendi Adelson, Clinical Professor
Presentations: Representing Immigrant Victims and the Need for More Advocates (Fort Lauderdale, Second Annual Bridge to Justice Breakfast, Keynote Speaker, June 2012); Ethical Considerations in Human Trafficking (Brevard County Bar Association CJE/CLE, May 2012); Human Trafficking: A Dark Side of Globalization (Tallahassee Committee on Foreign Relations, May 2012); Human Trafficking Close to Home (Tallahassee Rotary Club, May 2012); The Promise and Challenges of Effective Outcome Measurement and Millennial Student Evaluation in the Medical Legal Partnership Clinical Context (Los Angeles, California, AALS Clinical Conference, Panelist, May 2012); Human Trafficking and the Arts (Tallahassee Community College, April 2012); Educating Medical and Law Students to Meet Evolving Healthcare Needs: An MLP Lens (San Antonio, Texas, National Medical Legal Partnership Conference, March 2012); Forging Medical and Legal Partnerships: Interdisciplinary Efforts to Improve Health Outcomes for Indigent, Disabled, and Immigrant Individuals (San Francisco, California, Futures Without Violence Conference, March 2012); Medical Legal Partnership: Innovative Solutions for a Healthier Community (San Antonio, Texas, National Medical Legal Partnership Conference, Panelist, March 2012).

Kelli A. Alces, Loula Fuller and Dan Myers Professor
Article: Strengthening Investment in Public Corporations Through the Uncorporation, 35 Seattle U. L. Rev. 1009
(2012) (invited symposium). Presentation:The False Promise of Risk-Reducing Incentive Pay: Evidence from Executive Pensions and Deferred Compensation (Palo Alto, California, American Law & Economics Association
Annual Meeting, May 2012).

Paolo Annino, Glass Professor of Public Interest Law
Presentations: Healthcare Stories: Florida Update on Healthcare Litigation (Tampa, Florida Bar Foundation: Children’s Legal Services Conference, September 2012); Special Education in Florida (Tallahassee, Legal Services of North Florida, September 2012); Civil Rights of Institutionalized Persons (Delray Beach, The Florida Bar Public Interest Law Section and the Florida ACLU Lawyers Conference, July 2012).

Rob E. Atkinson, Jr., Ruden McClosky Professor
Article: Business as a Proper Profession, 11 Fla. St. U. Bus. Rev. 1 (2012). Presentations: Medicine, the Western Christian Clergy, and Law as Model Professions (Banff, Alberta, Canada, Fifth International Legal Ethics Conference, July 2012); The Future of Philanthropy, Melbourne University Tax Group (Melbourne, Australia, Conference on Defining, Taxing and Regulating Not-for- Profits in the Twenty-First Century, July 2012); The Florida Supreme Court’s Amended Oath of Admission to the Bar: Straining at the Gnat and Swallowing the Camel (Gainesville, University of Florida and Florida Eighth Judicial Circuit Professionalism Conference, Keynote Address, April 2012) (Tallahassee, Florida Government Bar Association Monthly Meeting, March 2012).

Shawn J. Bayern, Assistant Professor
Presentations: An Informational Theory of Contract Law (University of California, Irvine School of Law, September 2012); Offer and Acceptance in Modern Contract Law: A Needless Concept (London, Ontario, Obligations VI Conference, July 2012).

Tamara G. Blenkhorn, Legal Writing Professor
Presentation: Legal Research and Citation (Milwaukee, Wisconsin, Association of Bankruptcy Judicial Assistants,
October 2012).

Curtis Bridgeman, James Edmund & Margaret Elizabeth Hennessey Corry Professor and Associate Dean for Academic Affairs
Article: Do Promises Distinguish Contract from Tort? (with John C.P. Goldberg), 45 Suffolk U. L. Rev. 873 (2012) (symposium on 30th anniversary of Charles Fried’s Contract as Promise); Civil Recourse or Civil Powers? 39 Fla. St. U. L. Rev. 1 (2011).

Courtney Cahill, Donald Hinkle Professor
Article: Regulating at the Margins: Non- Traditional Kinship and the Legal Regulation of Intimate and Family Life, 54 Ariz. L. Rev. 43 (2012).

Jeanne B. Curtin, Legal Writing Professor
Appointment: Facilitator, Assisted Living Facility Negotiated Rulemaking Committee (Tallahassee and Fort Lauderdale, June-August 2012).

Talbot "Sandy" D'Alemberte, President Emeritus and Professor
Presentations: Opening Remarks (Tallahassee, The Florida Bar’s Practicing with Professionalism Program, October 2012); Keynote Address: Maintaining Judicial Independence (St. Petersburg, Conference of Court Public Information Officers, July 2012); Breakfast Speech (Hilton Head Island, South Carolina, Rotary Foundation, May 2012).

Joseph M. Dodge, Stearns Weaver Miller Weissler Alhadeff & Sitterson Professor
Presentation: Repealing Depreciation and Accrual Accounting— and Why Indexing of Basis is Wrong (Honolulu,
Hawaii, Law & Society Association 2012 International Meeting, June 2012).

Sally C. Gertz, Clinical Professor
Chapter: Legal Rights and Responsibilities: The Law of the Workplace, in Human Resource Management in
Public Service: Paradoxes, Processes, and Problems (Berman, Bowman, West & Van Wart, editors) (4th ed., Sage Publications 2012).

Shi-Ling Hsu, Professor
Chapter: Comment: Rights to Pollute: Assessment of Tradable Permits for Air Pollution, in Property in Land and Other Resources (Elinor Ostrom & Dan H. Cole, editors) (Lincoln Institute of Land and Policy 2012). Essay: How and Why to Price Carbon, 1 The Hotspring Quarterly 28 (2012). Presentations: Physical, Human, and Social Capital as Barriers to Environmental Law Reform (St. Louis, Missouri, Midwestern Law and Economics Association Meeting, Washington University, October 2012) (Los Angeles, California, International Society for New Institutional Economics, June 2012) (Bloomington, Indiana, Society for Environmental Law and Economics, May 2012); Reducing
Transaction Costs in Environmental Markets (Bozeman, Montana, Property and Environmental Research Center,
July/August 2012); The International Legal and Policy Framework for Carbon Capture and Storage Technology (Vancouver, Canada, Workshop Funded by Carbon Management Canada, July 2012); The Case for a Carbon Tax (Seattle, Washington, University of Washington Denman School of Forestry, May 2012) (Seattle, Washington, University of Washington School of Law, April 2012).

Steve B. Johnson, University Professor
Presentations: The Anti-Injunction Act and Supreme Court Review of Obama- Care (Federalist Society, Podcast,
2012); Federal APA Adjudication (Formal and Informal) (Tallahassee, The Florida Bar CLE, Administrative Law, Environmental & Land Use Law, and Government Lawyer Sections, 2012); Flaws in the Facade: The Anti-Injunction Act After NFIB v. Sebelius and Cohen v. United States (Boston, Massachusetts, American Bar Association Section of Taxation, Civil and Criminal Tax Penalties Committee, Panelist, 2012); Hiding Elephants in Mouseholes: The Home Concrete Case (Washington, D.C., New York State Bar Association Tax Section, Panelist, 2012); Mayo and Fairness in Taxation (Charlottesville, Virginia, Virginia Tax Study Group, University of Virginia School of Law, 2012); Resolved: That the United States Should Make the Internal Revenue Code Neutral as to Home Ownership
(Boston, Massachusetts, American Bar Association Section of Taxation, Teaching Tax Comm., Debater, 2012);
Tax Law and Administrative Law: The Implications of Mayo Foundation v. United States (Washington, D.C.,
American Tax Policy Institute, Panelist, 2012); What Tax Professionals Need To Know About Administrative Law (Hollywood, Florida, Tax Officers Summit XIII, 2012).

Faye Jones, Director and Professor
Presentation: The Challenges and Rewards of a Fully Online Asynchronous Law Course (Amelia Island,
Southeastern Association of Law Schools, Annual Conference, July 2012).

Marshall B. Kapp, Professor of Medicine and Law
Chapter: Legal Issues in Aging Families, in Handbook of Families and Aging (Rosemary Blieszner & Victoria
H. Bedford, editors) (2d ed., Praeger 2012). Article: Medicine, Law, Ethics: Teaching Versus Learning (with Gregory Turner & Dennis Baker), 9 Clinical Teacher 338 (2012). Presentations: Law School and Medical School Collaboration: So You Think You Want to Start a Center? (Phoenix, Arizona, Annual Health Law Professors Conference sponsored by American Society of Law, Medicine & Ethics, June 2012); Role of an Academic
Medicine-Law Center in Promoting POLST Paradigm (Phoenix, Arizona, Annual Health Law Professors Conference
sponsored by American Society of Law, Medicine & Ethics, Panelist, June 2012).

Jeffrey H. Kahn, Larson Professor
Presentation: Two Contrasting Visions of U.S. Tax (Cayman Islands, Cayman Financial Review Speaker
Series, October 2012).

Lawrence S. Krieger, Clinical Professor and Director of Clinical Externship Programs
Presentations: Maximizing Life Satisfaction in Difficult Times: Self Determination Theory and “Legal” Populations (Washington, D.C., George Washington University Law Students Inns of Court, October 2012); Recent Findings on
Autonomy Support in Law Students and Lawyers (Washington D.C., George Washington University Law School,
October 2012).

David E. Landau, Assistant Professor and Associate Dean for International Programs
Article: The Reality of Social Rights Enforcement, 53 Harv. Int’l L.J. 189 (2012). Presentations: Social Rights
Enforcement in Latin America (Bogota, Columbia, Universidad Externado, June 2012); Constitution-Making Gone Wrong (Washington D.C., American Society of Comparative Law, New Frontiers in Comparative Law Conference, George Washington University, April 2012) (Washington, D.C., Comparative Constitutional Law Roundtable, George Washington University, March 2012); Grootboom and the One-Case (Or Country?) Canon on Social Rights (Baltimore, Maryland, University of Maryland Constitutional Law Schmooze, February 2012).

Tahirih V. Lee, Associate Professor
Article: Orienting Shanghai’s Lawyers, 27 Md. J. Int’l L. 179 (2012).

Jake Linford, Assistant Professor
Presentations: In re Backlist (New York, New York, In re Books: A Conference on Law and the Future of Books at New York Law School, Moderator, October 2012); Cracks in the Edifice: A Copyright Critique of the Institutional First Amendment (Concord, New Hampshire, 2012 Scholar’s Roundtable: Intellectual Property and the Constitution, University of New Hampshire College of Law, September 2012) (Amelia Island, New Scholars Workshop, Southeastern Association of Law Schools, August 2012) (Stanford, California, 12th Annual Intellectual Property Scholars Conference, Stanford Law School, August 2012); Trademark Owner as Adverse Possessor (Gainesville, University of Florida Levin College of Law, September 2012) (East Lansing, Michigan, Fifth Annual Junior Scholars Intellectual Property Workshop, Michigan State University College of Law, May 2012) (Des Moines, Iowa, Intellectual Property Scholars Roundtable, Drake University Law School, March 2012).

Wayne A. Logan, Gary & Sallyn Pajcic Professor
Articles: Constitutional Cacophony: Federal Circuit Splits and the Fourth Amendment, 65 Vand. L. Rev. 101 2012); Policing Identity, 92 B.U. L. Rev. 1559 (2012). Presentations: The Enduring Challenge of Inter-Governmental Investigative Illegality (Los Angeles, California, Southwestern University Law School, October 2012); Criminal Law & Procedure: What Use Are Legal Academics? (Amelia Island, Southeastern Association of Law Schools, August 2012).

Dan Markel, D’Alemberte Professor
Presentations: Luck or Law: Is Indeterminate Sentencing Unconstitutional? (New York, New York, NYU Criminal
Law Theory Colloquium, November 2012) (White Plains, New York, Pace Law School Faculty Colloquium, November
2012) (Federalist Society Young Scholars Colloquium, June 2012); Retributive Justice in Wicked Regimes (Toronto, Ontario, Canada, Osgoode Hall Law School, York University, November 2012); Vulnerability and Punishment
(Amelia Island, Southeastern Association of Law Schools, August 2012).

David L. Markell, Steven M. Goldstein Professor and Associate Dean for Environmental Programs
Articles: Climate Change and the Roles of Land Use and Energy Law: An Introduction, 27 J. Land Use & Envtl. L. 239 (2012); Evaluating Citizen Petition Procedures: Lessons from an Analysis of the NAFTA Environmental Commission (with John Knox), 47 Tex. Int’l L.J. 505 (2012); What has love got to do with it?: Sentimental Attachments and Legal Decision-Making (with Tom Tyler & Sarah F. Brosnan), 57 Vill. L. Rev. 209 (2012). Recognition: Continued to serve as a member of the North American Commission for Environmental
Cooperation National Advisory Committee and participated in a number of its meetings.

Garrick Pursley, Assistant Professor
Articles: Defeasible Federalism, 63 Ala. L. Rev. 801 (2012); Dormancy, 100 Geo. L.J. 497 (2012).
Presentations: Unblocking Cooperative Energy Governance (Chicago, Illinois, Northwestern University School of Law Searle Center on Law, Regulation, and Economic Growth, Panel: Hydro-Fracturing, State Regulation and the Federal Role, Federalism and Energy in the United States, March 2012); Defeasible Federalism (Nashville, Tennessee, Federalism Colloquium, Vanderbilt University Law School, February 2012).

Mark B. Seidenfeld, Patricia A. Dore Professor of Administrative Law and Associate Dean for Research
Article: In Praise of a Comparativist Rubric for Administrative Law, Jotwell, Administrative Law (Mar. 21, 2012),
http://adlaw.jotwell.com. Presentation: The Role of Politics in the Deliberative Administrative State (Washington, D.C., ABA Administrative Law Section Fall Meeting, October 2012).

Mark Spottswood, Assistant Professor
Article : Evidence-Based Litigation Reform, 51 U. Louisville L. Rev. 267 (2012). Presentations: Evidence Based Litigation Reform (Honolulu, Hawaii, International Conference on Law and Society, June 2012); A DualProcess
Model of FactFinding Inference (Lisbon, Portugal, International Conference on Quantitative Justice and Fairness, University of Lisbon, May 2012).

Nat S. Stern, John W. & Ashley E. Frost Professor
Article: Implications of Libel Doctrine for Nondefamatory Falsehoods Under the First Amendment, 10 First Amend. L. Rev. 465 (2012).

Fernando Tesón, Tobias Simon Eminent Scholar
Chapter: Global Justice and Trade (with Jonathan KLick), in International Economic Law and Distributive
Justice (Chi Carmody, Frank Garcia, & John Linarelli, editors) (Cambridge University Press 2012). Presentations:
State Legitimacy (Buenos Aires, Universidad Torcuato Di Tella, July 2012); Targeted Killings (Greensboro, North
Carolina, University of North Carolina at Greensboro, March 2012).

Franita Tolson, Betty T. Ferguson Professor of Voting Rights
Article: Reinventing Sovereignty?: Federalism as a Constraint on the Voting Rights Act, 65 Vand. L. Rev. 1195 (2012). Presentations: Second Order Diverse in Name Only? Sovereign Authority in Disaggregated Institutions
(Tulsa, Oklahoma, University of Tulsa School of Law Symposium in Honor of Heather Gerken, September 2012); Partisan Gerrymandering and the Politics of Judicial Review (Durham, North Carolina, Culp Colloquium, Duke Law School’s Center on Law, Race, and Politics, May 2012) (Nashville, Tennessee, Federalism Theory Colloquium, Vanderbilt University Law School, April 2012).

Manuel A. Utset, Jr., Charles W. Ehrhardt Professor
Chapter: Time-Inconsistent Preferences and Venture Capital Contracting, in The Oxford Handbook of Venture
Capital (Oxford University Press 2012). Article: The Venture Capital Process: A Behavioral Approach, 7 Ohio St. Entrepreneurial Bus. L.J. 45 (2012). Presentation: Corporate Crimes and Time-Inconsistent Preferences (Charlottesville, Virginia, University of Virginia Law School, April 2012).

Donald J. Weidner, Dean and Alumni Centennial Professor
Book: The Revised Uniform Partnership Act (2012 ed.) (with R. Hillman and A. Vestal) (West) Presentation: Good
Faith and Fiduciary Duties to Third Parties, Principals and Partners (Naples, Florida College of Advanced Judicial
Studies, June 2012).

Hannah Wiseman, Assistant Professor
Article: Fracturing Regulation Applied, 22 Duke Envtl. L . & Pol’y F. 361 (2012) (symposium). Presentations: Environmental Impacts of Oil and Gas Production in Shale Formations: Policy, Perception, and Reality (Austin, Texas, ABA Section of Environment, Energy, and Resources Law Summit, 20th Section Fall Meeting, Panelist, October 2012); Dynamic Energy Federalism (Bronx, New York, Property Works in Progress, Fordham University School of Law, June 2012) (New Directions in Environmental Law, Policy, and Geography, University of Minnesota,
May 2012).

Samuel R. Wiseman, Assistant Professor
Articles: Brady, Trust, and Error, 13 Loyola J. Pub. Int. L. 447 (2012); Habeas After Pinholster, 53 B.C. L.
Rev. 953 (2012); Waiving Innocence, 96 Minn. L. Rev. 952 (2012).