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College of Law

Florida State University

 

Recent Activities

As published in the fall 2015 issue of Florida State Law.

Frederick M. Abbott, Edward Ball Eminent Scholar

Chapters: Re­thinking patents: From ‘intellectual property’ to ‘private taxation scheme,’ in KRITIKA: ESSAYS ON INTELLECTUAL PROPERTY (P. Drahos, G. Ghidini & H. Ullrich, editors) (Edward Elgar 2015); Trade in Medicines, in TRADE AND HEALTH: TOWARDS BUILDING A NATIONAL STRATEGY (R. Smith et al., editors) (World Health Orga­nization 2015), at http://ssrn.com/ abstract=2659277.
Presentations: Pre­sentation at Workshop on Enforcement of Competition Law in the Field of Public Health (Cape Town, South Africa, United Nations Development Pro­gram, October 2015); Presentation at International Workshop on the Impact of the TRIPS Agreement on key sectors and its continuing relevance in the context of Regional and Bilateral Trading Agree­ments (New Delhi, India, Centre for WTO Studies, Indian Institute for International Trade, October 2015); The Undiscovered Country in Multilateral IP Regulation: evolving competition law doctrines for regulating patent abuse (Uni­versity of California, Irvine School of Law, Conference on Patent Sovereignty and International Law, October 2015); Guarding Democracy (New Delhi, India, Centre for WTO Studies/World Trade Institute, Program on International Trade Law and Policy, Commencement Address, June 2015).

Paolo Annino, Glass Professor of Public Interest Law

Presentation: Congressional Panel on Juvenile Life Without Parole (Washington, D.C., Capitol Visitor Center, sponsored by Congressman Cardenas and the Campaign for the Fair Sentencing of Youth, July 2015).

Rob E. Atkinson, Jr., Greenspoon Marder Professor

Monograph: THE LIMITS OF MILI­TARY OFFICERS’ DUTY TO OBEY CIVILIAN ORDERS: A NEO-CLASSICAL PERSPECTIVE (U.S. Army War College Press, Strategic Studies Institute Publication July, 2015).
Article: Tax Favors for Philanthropy: Should Our Republic Underwrite de Toc­queville’s Democracy?, 6 WM. & MARY POL’Y REV. 1 (2015).
Presentations: Tax Favors for Philanthropy: Should Our Republic Subsidize de Tocqueville’s Democracy? (New York City, New York Nonprofit Forum, June 2015); Law, Justice, and Morality Through the Lens of Literature (Orlando, Florida Advanced Judicial College, June 2015); Virtuous Bureaucrats: The Hope of the Republic and the Help of Humankind (Tallahas­see, Florida Bar Government Lawyers Section Retreat, Keynote Address, May 2015).

Shawn J. Bayern, Larry and Joyce Beltz Professor of Torts

Article: The Limits of Economic Rea­soning in Analyzing Duress, 99 MINN. L. REV. HEAD­NOTES 141 (2015).
Presentations: Contracts as Contracts (University of California, Berkeley School of Law, Festschrift Conference for Melvin A. Eisenberg, October 2015); The Analytical Failures of ‘Law and Economics’ in Con­tract Law (University of Turku, Finland, Legal Research Network Conference, September 2015); Commencement Ad­dress (University of California, Berkeley School of Law, Professional LL.M. Commencement Ceremony, July 2015); The Implications of Modern Business- Entity Law for the Legal Governance of Autonomous Systems (University of St. Gallen, Switzerland, The Man and The Machine: When Systems Take Decisions Autonomously, June 2015); LLC Law for Judges (Florida College of Advanced Judicial Studies, June 2015).

Tamara G. Blenkhorn, Legal Writing Professor 

Presentation: Legal Research (Tampa, Certified Bankruptcy As­sistant Program Seminar and Exam, Association of Bankruptcy Judicial Assistants Con­ference, October 2015).

Elizabeth Farrell Clifford, Interim Director of Research Center

Presentation: Libraries Adding Value: The Potential of the 22nd Century Law Library (Boca Raton, Southeast­ern Association of Law Schools Annual Conference, Panelist, August 2015).

Charles W. Ehrhardt, Professor Emeritus 

Presentations: Emerging Crimi­nal Evidence Issues (Bonita Springs, Florida Pros­ecuting Attorneys Association An­nual Meeting, August 2015); Daubert and other Expert Witness Issues (Or­lando, National Association of Workers’ Compensation Judges Judicial College, August 2015); Expert Testimony & Electronic Evidence (Orlando, Office of State Courts Administrator, Advanced Judicial College, June 2015).

Avlana K. Eisenberg, Assistant Professor 

Articles: Criminal Infliction of Emo­tional Distress, 113 MICH. L. REV. 607 (2015); Expres­sive Enforcement, 61 UCLA L. REV. 858 (2014).
Presentations: Wrongful Convictions and the DNA Revolution (Northeastern University School of Law, Discussant, September 2015); Mass Monitoring (Cardozo Law School, Crimfest, Criminal Law & Procedure Faculty Conference, July 2015); The Prison Industry and Criminal Justice In­centives (Harvard Law School, February 2015); Incarceration Incentives (Tel-Aviv University, January 2015).

Sally C. Gertz, Clinical Professor 

Chapter: Electronic Surveillance in the Workplace: Legal, Ethical and Man­agement Issues (with J. West & J. Bow­man), in LEGAL AND REGULATORY ISSUES IN HUMAN RESOURCE MANAGEMENT (Sims & Sauser, editors) (Information Age Pub­lishing 2014).

Shi-Ling Hsu, John W. Larson Professor and Associate Dean for Environmental Programs 

Article: Envi­ronmental Law Without Congress: Introduction, 30 J. LAND USE. & EN­VTL. L. 1 (2015).
Presentations: Capital Transitions: An Alternative Approach to Climate Negotiations (Min­neapolis, Minnesota, American Society for International Law and University of Minnesota Energy Transition Lab Workshop, October 2105); Is Inequal­ity Inefficient? (Lawrence, Kansas, Midwestern Law and Economics As­sociation Annual Meeting, October 2015); Why Fee and Dividend? The Tradeoffs (Washington, D.C., Citizens Climate Lobby Annual Conference, June 2015); Agricultural Adaptation (Salt Lake City, Utah, Rocky Moun­tain Mineral Law Foundation Natural Resources Law Teachers Meeting, May 2105); Scale Economies, Scale Externali­ties: the Changing American Agriculture Industry (Groningen, the Netherlands, Society for Environmental Law and Economics, May 2015); The Case for a Carbon Tax (Denver University Sturm College of Law, Environmental Law Seminar, March 2015).

Janeia Daniels Ingram, Assistant Dean for Student Affairs and Director of the Summer for Undergraduates Program

Presentations: Nonprofit Law: What You Must Know (United Partners for Hu­man Services and the City of Talla­hassee, October 2015); Legal Primer for Nonprofit Directors (Tallahassee, Legal Services of North Florida, June 2015).

Steve R. Johnson, University Professor

Book: TAX CRIMES (with John Townsend, Larry Campagna & Scott Schumacher) (2d ed., LexisNexis 2015).
Chapter: After Loving: How Much of Circular 230 Will Survive?, in DUTIES OF THE TAX SYSTEM (University of Wash­ington School of Law 2015).
Articles: How Would the Supreme Court Rule on Loving and Ridgely?, 147 TAX NOTES 559 (2015); Surcharges and Penalties in Tax Law: United States (co-authored) (Prepared for European Association of Tax Law Profressors Congress 2015), at http://ssrn.com/abstract=2635133; Standing Issues in Tax Litigation, 24 ABA SECTION OF TAXATION NEWS QUARTERLY 8 (Winter 2015).
Presenta­tions: Tax Administration, Compliance, and Enforcement (University of Wash­ington School of Law, October 2015); Procedural Developments in Transfer Pric­ing Litigation (Chicago, ABA Section of Taxation Conference, September 2015); United States Tax Court: A Constitutional and Administrative Conundrum (Boca Raton, Southeastern Association of Law Schools Conference, July 2015); Workshop on Tax Law Discussion Group (Boca Raton, Southeastern Association of Law Schools Conference, July 2015); Piercing the Veil of LLCs and Corporations (Amelia Island, Florida Bar Tax Section and Florida Association of Attorney- CPAs Meeting, July 2015); Tax Ethics and Regulation of Tax Professionals (New York University Seventh Annual Tax Controversy Forum, June 2015).

Jeffrey H. Kahn, Harry W. Walborsky Professor

Article: The Agency Exception to the Anticipatory As­signment of Income Doctrine (wit h Douglas Kahn), 146 TAX NOTES 555 (2015).

Marshall Kapp, Professor of Medicine and Law

Chapters: Long- Term Care and the Law, in LONG- TERM CARE IN AN AGING SOCI­ETY: THEORY AND PRACTICE (Gra­ham D. Rowles & Pamela B. Teaster, editors) (New York: Springer Publishing Company 2015); Legal Issues in Critical Care, in PRINCIPLES OF CRITICAL CARE (Jesse Hall et al., editors) (4th ed., New York: McGraw-Hill 2015); Aging Population, in OXFORD HANDBOOK OF U.S. HEALTHCARE LAW (I. Glenn Cohen, Allison K. Hoffman & William M. Sage, editors) (New York: Oxford University Press 2015) (published electronically in Oxford Handbooks Online (July 2015), doi: 10.1093/oxford­hb/9780199366521.013.49).
Articles: Evaluating Decision Making Capacity in Older Individuals: Does the Law Give a Clue?, 4 LAWS 164 (2015), at http:// www.mdpi.com/2075-471X/4/2/164; Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?, 46 U. TOL. L. REV. 101 (Winter 2015); Book Review of “Health Care in America: A History” by John C. Burnham, 16 CARE MANAGEMENT JOURNALS 170 (2015).
Presentations: Physician Orders for Life-Sustaining Treatment (POLST) in Florida (Orlando, Lawyers at the Bedside: The Intersection of Legal and Medical Ethics, sponsored by The Florida Bar Continuing Legal Educa­tion Committee and the Health Law Section, September 2015); The Physi­cian’s Responsibility Concerning Guns and Older Patients (Vienna, Austria, Sigmund Freud University, 34th Inter­national Congress on Law and Mental Health, sponsored by the International Academy of Law and Mental Health, July 2015); Resident Choices in Long Term Care Communities: Risk Management Challenges and Opportunities (St. Louis, Missouri, 38th Annual Health Law Professors Conference, sponsored by the American Society of Law, Medicine and Ethics, June 2015).

Jay Kesten, Assistant Professor

Article: Adjudi­cating Corporate Auctions, 32 YALE J. REG. 45 (2015).
Presentations: Pathologies of the Modern Appraisal Remedy (Gainesville, University of Florida Law School Faculty Work­shop Series, October 2015); Political Uncertainty and the Market for IPOs (Toronto, Canadian Law and Econom­ics Association Conference, September 2015) (Newark, New Jersey, National Business Law Scholars Conference, June 2015); Shareholder Political Pri­macy (Newark, New Jersey, National Business Law Scholars Conference, June 2015).

Lawrence S. Krieger, Clinical Professor and Director of Clinical Externship Programs

Presentations: A Data-Driven Pre­scription to Redefine Professional Success (AALS Section on Balance in Legal Education Dis­tance Learning Topic Series, October 2015); Lawyer Ethics and Satisfaction: New Empirical Evidence and New Direc­tions (Tallahassee, Florida Government Bar Association Meeting, September 2015); Public Policy Implications of Cur­rent Research on Professional Well-Being (Tallahassee, Florida State University Askew School of Public Administration and Policy, September 2015).

David E. Landau, Mason Ladd Professor and Associate Dean for International Programs

Presentations: Constitution-Mak­ing Processes and Processes of Con­stitutional Reform (Santiago, Chile, Conference on Pro­cesses of Constitutional Construction in Latin America, October 2015); Social Rights (Juriquilla, Santiago de Querétaro, Mexico, Colloquium on Contemporary Constitutional Debate, October 2015); Transnational Consti­tutionalism and a Limited Doctrine of Unconstitutional Constitutional Amend­ment (San Francisco, American Political Science Association Annual Meeting, September 2015); Judicial Role and Enduring Divergence in Latin American Constitutional Law (Sydney, Australia, University of New South Wales, Gilbert & Tobin Centre of Public Law, Work­shop on Comparative Constitutional Law in Latin America, August 2015); A Weak Vision of Structural Constitu­tional Law (New York City, NYU Law School, International Society of Public Law (ICON-S) 2015 Confer­ence, July 2015); Intertemporal Theories of Judicial Role (Johannesburg, South Africa, Roundtable of the International Association of Constitutional Law, The “New” Separation of Powers: Can the Doctrine Evolve to Meet the C21 Context?, May 2015); Abusive Consti­tutionalism in Latin America (Istanbul, Turkey, Koc University Law School, Turan Gunes Conference on Compara­tive Constitutional Law, May 2015).

Tahirih V. Lee, Associate Professor

Article: Extraterri­torial Courts in East Asia: Cross-Border Judicial Activity in the Crosshairs, 43 Reviews in AM. HIST. 268 (June 2015).

Jake Linford, Assistant Professor

Presentations: Trademark Forfei­ture and Residual Goodwill (Chicago, Illinois, DePaul University College of Law, 15th An­nual Intellectual Property Scholars Conference, August 2015); Semantic Shift and Trademark Expiration (Seattle, Washington, 2015 Annual Meeting, Law & Society Association, May 2015).

Wayne A. Logan, Gary & Sallyn Pajcic Professor

Articles: Data­base Infamia: Exit from the Sex Of­fender Registries, 2015 WIS. L. REV. 219; Taz: The Legal Academy’s Happy (and Erudite) Warrior, 58 HOW. L.J. 577 (2015); Cutting Cops Too Much Slack, 104 GEO. L.J. ONLINE 87 (October 2015); Mercenary Criminal Justice (with Ronald F. Wright), 2014 U. ILL. L. REV. 1175.
Presentations: The Fourth Amendment and Non-Trespassory Tracking of Indi­ viduals (Ponte Verde Beach, Florida Conference of District Court of Appeal Judges Annual Education Program, September 2015); Megan’s Laws: Emerg­ing Legal and Policy Questions (Denver, Colorado, National Association of Criminal Defense Lawyers Meeting, July 2015); Database Infamia: Exit from the Sex Offender Registries (N.Y.U. School of Law (via Skype), April 2015).

David L. Markell, Steven M. Goldstein Professor 

Article: Enforce­ment and Regulatory Governance (with Robert L. Glicks­man), REGBLOG (2014), at http://www.regblog.org/2014/06/16-enforcement-and-regu­latory-governance.html.
Presentation: Issues in Climate Change Law and Policy (New York City, Columbia Law School, Sabin Center for Climate Change Law, October 2015).
Recognition: Named the David Sive Visiting Scholar at Co­lumbia Law School for fall 2015.

Murat C. Mungan, D’alemberte Professor

Articles: Less Protection, More In­novation?, 22 SUP. CT. ECON. REV. 123 (2015); Duress as Rent-Seeking (with Mark Seidenfeld), 99 MINN. L. REV. 1423 (2015).
Pre­sentations: On the Optimality of Sealing Criminal Records, and How It Relates to Adverse Selection, Productivity Reduction, and Stigma (George Mason University, Law and Economics Colloquium, Sep­tember 2015) (Annual Meeting of the International Society of New Institu­tional Economics, Harvard Law School, June 2015) (University of Michigan, Public Economics Workshop, June 2015); The Property-Contract Balance: Comment (Max Planck Institute, 33rd International Seminar on the New Insti­tutional Economics, July 2015); Stigma Dilution and Over-Criminalization (Bilkent University, Second Internation­al Law and Economics Conference, May 2015) (Istanbul Technical University, Economics Department, Workshop, May 2015) (George Mason University School of Law, Levy Workshop, April 2015) (University of Pennsylvania Law School, Quattrone Center Workshop, March 2015); Preventive Law Enforce­ment, Interrupted Attempts, Wrongful Convictions, and the Irreversibility of Criminal Harm (Bilkent University, Sec­ond International Law and Economics Conference, May 2015); Reducing False Guilty Pleas and Wrongful Convictions through Exoneration Compensation (25th Annual Meeting of the American Law and Economics Association, May 2015).

Erin Ryan, Professor

Articles: Response to Heather Gerken’s “Federalism and Nationalism: Time for a Détente?,” 59 ST. LOUIS L.J. 1147 (2015); The Public Trust Doctrine, Private Water Allocation, and Mono Lake: The Historic Saga of National Audubon Society v. Superior Court, 45 ENVTL. L. 561 (2015); Negotiating Federalism and the Structural Constitution: Navigating the Separation of Powers both Vertically and Horizontally (A Response to Aziz Huq), 115 COLUM. L. REV. SIDEBAR 4 (2015), at http://www.columbialawreview.org/Negotiat­ing_Federalism_Ryan.
Presentations: Environmental Federalism’s Tug of War Within (Lawrence, Kansas, Univeristy of Kansas, September 2015) (Wash­ington, D.C., George Washington University, The Law and Policy of Envi­ronmental Federalism: A Comparative Analysis, April 2015) (Indianapolis, Indiana, 2015 National Association of Attorneys General Midwestern Region Meeting, April 2015) (Los Angeles, University of California – Los Ange­les, Workshop for Energy and Climate Change Seminar, January 2015); The Public Trust Doctrine, Private Water Allocation, and Mono Lake: The Historic Saga of National Audubon Society v. Superior Court (Portland, Oregon, Lewis & Clark Law School, Develop­ments in the Public Trust, April 2015).

Mark B. Seidenfeld, Patricia A. Dore Professor of Administrative Law and Associate Dean for Research

Articles: Stand­ing in the Wake of Statutes (with Al­lie Akre), 57 ARIZ. L. REV. 745 (2015); Duress as Rent Seek­ing (with Murat Mungan), 99 MINN. L. REV. 1423 (2015).

Justin T. Sevier, Assistant Professor

Article: Testing Tribe’s Triangle: Ju­ries, Hearsay, and Psychological Dis­tance, 103 GEO. L.J. 879 (2015).

Nat S. Stern, John W. & Ashley E. Frost Professor

Article: A Defi­ciency in Addressing Campus Sexual Assault: The Lack of Women Law Enforcement Of­ficers (with Karen Oehme & Annelise Mennicke), 38 HARV. J.L. & GENDER 401 (2015).

Fernando Tesón, Tobias Simon Eminent Scholar

Book: JUSTICE AT A DISTANCE: EX­TENDING GLOBAL FREEDOM (with Loren Lomasky) (Cambridge Uni­versity Press 2015).
Presentations: The Decline of Free Speech in International Law (Wellesley College, Conference on The Fate of Free Speech in Liberal Democracies, October 2015); Ele­ments of Global Justice (University of New Orleans, October 2015); Anarchy and Legal Order (Indianapolis, Conference on Gary Chartier’s Book, Anarchy and Legal Order, Liberty Fund, Invited Participant, Sep­tember 2015); Fake Custom (Universidad Di Tella, Buenos Aires, Conference on Constitutional Interpretation, May 2015).

Manuel A. Utset, Jr., William & Catherine Vandercreek Professor and Associate Dean for Academic Affairs

Presentation: Re­vealing Pay: The Expressive Function of Executive Com­pensation (Loyola Law School, Los Angeles, Faculty Workshop, October 2015).

Donald J. Weidner, Dean and Alumni Centennial Professor

Chapter: Capital Accounts in LLCs and in Partner­ships, in RESEARCH HANDBOOK ON PARTNER­SHIPS, LLCS AND ALTERNATIVE FORMS OF BUSINESS OR­GANIZATIONS (Robert W. Hillman & Mark J. Loewenstein, editors) (Edward Elgar Publishing 2015).
Article: Capital Accounts in LLCs and in Partnerships: Powerful Default Rules and Potential Tax Significance, 14 FLA. ST. U. BUS. REV. 1 (2015).

Kelli Alces Williams, Loula Fuller and Dan Myers Professor

Article: The Fi­duciary Gap, 40 J. CORP. L. 351 (2015).

Hannah Wiseman, Attorneys' Title Professor

Articles: Regulatory Islands, 89 N.Y.U.L. Rev. 1661 (2014); Governing Fracking from the Ground Up,  93 Tex. L. Rev. See Also 29 (2015) (invited online article response).
Presentations: Informal Federalism (University of California, Berkeley, Environmental Law Colloquium, February 2015); Informal Federalism (Los Angeles, UCLA School of Law, Climate and Energy Law Workshop, February 2015); Good Governance in Unconventional Oil and Gas Extraction: Harnessing the Bird’s-Eye View of Agencies (University of Pennsylvania Law School, Penn Program on Regulation, The Risks and Regulatory Challenges of Unconventional Oil and Gas Development, invited panelist, February 2015); An Introduction to Unconventional Oil and Gas Technologies, Risks, and Regulation (University of Florida College of Law, 21st Annual Public Interest Environmental Conference, Panel on Fracking: Economic Boon or Environmental Burden?, invited panelist, February 2015); Market-Based Mechanisms in Shale Gas Governance (Salt Lake City, Utah, National Governors Association, Second Annual Governors’ Policy Forum on Responsible Shale Development, invited panelist, December 2014); The Heydinger Gap and Informal Federalism Solutions (Chicago, Illinois, Northwestern University Law School, Third Annual Searle Center Conference on Federalism and Energy, invited panelist, November 2014).

Samuel R. Wiseman, McConnaughhay and Rissman Professor 

Presentations: The Dangerous Right to Food Choice (Seattle University, Seattle University Law Review Symposium–Re-Tooling Food Law, March 2015); Safety, Sustainability, and the Continuing Struggle over Small-Farm Exemptions in the FSMA (Boston University, American Journal of Law and Medicine Symposium–The Iron Triangle of Food Policy, January 2015).

Mary Ziegler, Stearns Weaver Miller Professor

Presentations: Compromise and Polarization (Gainesville, University of Florida College of Law Faculty Workshop, February 2015); Gender, Compromise, and Polarization After Roe v. Wade (Yale University, Symposium on Science, Sexuality, and the Law, February 2015); After Roe: The Lost History of the Abortion Debate (Washington, D.C., American Association of Law Schools National Conference, January 2015); Assisted Reproduction in Context (San Diego, California, National Association of Women Judges 2014 Annual Conference, October 2014); Identity Contests (University of Colorado School of Law, Ira C. Rothgerber Conference, October 2014); Meaningful Reproductive Liberty: A History (St. Louis, Missouri, Veteran Feminists of America Conference, September 2014).