2010 Faculty Report - uri=law.ufl - University of Florida

FACULTYscholarshipFlournoyFrielbusiness lawI love being a professor because it allows me to pursue cutting edge research that has real worldapplication. Business law and regulation are increasingly global. Globalization adds complexityto business planning. In my scholarship, I have focused on issues of corporate compliance,international and comparative antitrust, and capacity building for developing world legal regimes.The nature of my scholarship has allowed me to present my work to academic, private sector andgovernment agency audiences around the world. As co-editor of a new book series with StanfordUniversity Press on global antitrust, I hope to create an outlet for new academic thinking on internationaland comparative legal and economic issues in the field. As a teacher, my goal is to train thenext generation of business counselors. I want my students to understand the law in context—whatis the underlying business problem that needs to be solved and how can legal tools be used toprovide a variety of possible solutions.—D. Daniel Sokol, Assistant Professor8 www.law.ufl.edu/faculty

“Seeing the State: Transparency asMetaphor,” 62 Administrative L. Rev.617 (2010) • “The Stubborn Incoherenceof Regulatory Takings,” 28 StanfordEnvironmental L. J. 525 (2009) •“Dialogues in Communication Research:Joint Review/ Discussion of Jack Bratich,Conspiracy Panics: Political Rationalityand Popular Culture” (with Jack Bratich),33 J. Communication Inq. 278 (2009) •“When Theorists Conspire: An Inter(re)viewBetween Mark Fenster and Jack Bratich”(with Jack Bratich & Hye-Jin Lee), 3 Int’l J.Communication 961 (2009) • “DesigningTransparency: The 9/11 Commission andInstitutional Form,” 65 Washington & LeeL. Rev. 1239 (2008) • Conspiracy Theories:Secrecy and Power in American Culture(revised 2nd ed.) (University of MinnesotaPress, 2008)Alyson Craig FlournoyProfessor; Alumni Research Scholar;Director, Environmental and Land Use LawProgramEditor (with David M. Driesen), BeyondEnvironmental Law: Policy Proposals for aBetter Environmental Future (Cambridge1599 (2008) • “Supply, Demand, andConsequences: The Impact of InformationFlow on Individual Permitting Decisionsunder Section 404 of the Clean Water Act,”83 Indiana L. J. 537 (2008)Michael K. FrielAssociate Dean and Director, GraduateTax Program; ProfessorTaxation of Individual Income (8th ed.) (withMartin Burke) (LexisNexis, 2010 Supp.) •Treatise, Modern Estate Planning (2nd ed.)(with Martin Burke and Elaine Gagliardi)(Matthew Bender LexisNexis, AnnualSupplements 2008-10) • UnderstandingFederal Income Taxation (with Martin Burke)(3rd ed., 2008)Jeffrey L. HarrisonStephen C. O’Connell Professor“Rethinking Mistake and Nondisclosure inContract Law,” 17 George Mason L. Rev. 17(2010) • “The Law and Economics of GroupBoycotts and Related Consideration,” inReadings in the Law and Economics ofAntitrust (Keith Hylton ed.) (Edward ElgarPublishing, 2010) • “The Law and Economicsof the NCAA’s Claim for Monopsony Rights”Gender Bend: Culture, Sex, and Sexuality -A LatCritical Human Rights Map of Latina/oBorder Crossings,” 83 Indiana L.J. 1283(2008) • “Sex and Globalization,” 11 Harv.Latino L. Rev. 173 (2008)Michelle S. JacobsProfessor“Invisible Criminality: Male Peer-Groups,Alcohol, and the Risk of Aggressive SexualBehavior,” in Race to Injustice: LessonsLearned from the Duke University LacrossePlayer’s Rape Case (Michael L. Seigel, ed.)(Carolina Academic Press 2009) • Maryland’sParole Supervision Fee: A Barrier to Reentry(with Rebekah Diller & Judith Greene)(Brennan Center for Justice at NYU, 2009)• Contributing Author, UN Shadow Report(U.S. Human Rights Network Committeefor the Elimination of Racial Discrimination,2008)Robert H. Jerry IIDean; Levin Mabie and Levin Professor“What is Insurance?,” in New Appleman onInsurance (LexisNexis, 2009)Harrison Hernández-Truyol Jacobs Jerry Johnston JourdanUniv. Press 2010), and contributor ofone chapter: “The Case for a NationalEnvironmental Legacy Act” • The Futureof Environmental Protection: The Casefor a National Environmental Legacy Act,A Center for Progressive Reform WhitePaper, available at: www.progressivereform.org/articles/NELA_1002.pdf (with RyanFeinberg, Margaret Clune Giblin, HeatherHalter, and Christina Storz) (January 2010)• “Protecting a Natural Resource LegacyWhile Promoting Resilience: Can It BeDone?,” 87 Nebraska L. Rev. 1008 (2009)• “Recommendation No. 5: Adopt ModelNational Environmental Legacy Act—NELA,” in Recalibrating the Law of Humanswith the Laws of Nature: Climate Change,Human Rights, and Intergenerational Justice(Climate Legacy Initiative, Vermont LawSchool, 2009) • “Harnessing the Power ofInformation to Protect Our Public NaturalResource Legacy” (with Heather Halterand Christina Storz), 86 Texas L. Rev. 1575-(with Casey C. Harrison), 54 Antitrust Bulletin923 (2009) • “A Malthusian Analysis of theSo-Called Dynasty Trust,” 28 Virginia TaxRev. 779 (2009) (with William Turnier) •Understanding Antitrust and Its EconomicImplications (5th ed.) (with E.T. Sullivan)(LexisNexis, 2009) • “Happiness, Efficiencyand Decisional Equity: For Output toProcess,” 36 Pepperdine L. Rev. 935 (2009)• “Comparing Promises: A US and PolishPerspective” (with Wojciech J. Kocot), 8Warsaw U. L. Rev. 72 (2008)Berta Esperanza Hernández-TruyolLevin Mabie and Levin Professor;Associate Director, Center on Childrenand FamiliesJust Trade: A New Covenant Linking Tradeand Human Rights (with Stephen J. Powell)(NYU Press, 2009) • Embargo or Blockade?The Legal and Moral Dimensions of the U.S.Economic Sanctions on Cuba, 4 InterculturalHuman Rights L. Rev. 53 (2009) • “TheE. Lea JohnstonAssistant Professor“Setting the Standard: A Critique ofBonnie’s Competency Standard and thePotential of Problem-Solving Theory for Self-Representation at Trial,” 43 U.C. Davis L.Rev. 1605 (2010)Dawn JourdanAssistant Professor; Assistant Professor,Urban and Regional Planning (jointappointment)“Equal Protection and Aesthetic Zoning:A possible chink and a preemptive repair”(with Lou Tassinary et al.), 42 UrbanLawyer 375 (2010) • “Meeting TheirFair Share: A Proposal for the Creationof Regional Land Banks to Meet theAffordable Housing Needs in the RuralAreas of Texas” (with Shannon Van Zandt& Nicole Adair), 19 J. Affordable Housingand Community Development Law 147(2010) • “The Impact of Historic Facade2010 report from the faculty 9

Easements on Condominium Value,” TheAppraisal Journal (with K.W. Geideman)(Fall, 2009), at 329 • “Wal-Mart in theGarden District: Does the Arbitrary andCapricious Standard of Review Lessenthe Right of Citizens to Participate?” (withKevin Gifford), 18 J. Affordable Housingand Community Development Law 260(2009) • “Small Town Housing Needs:Resource Inefficiencies and Urban Biasin the United States” (with ShannonVanZandt, Cecilia Guisti, and June Martin),J. of the Community Development Society(June 2009), at 75 • “Through the LookingGlass: Analyzing the Potential LegalChallenges to Form-Based Codes” (withElizabeth Garvin) 23 J. Land Use andEnvtl. L. 394 (2008) • “Enhancing HOPE VIRevitalization Processes with Participation,”J. of the Community Development Society(December, 2008), at 75 • “ReducingPre-Relocation Grief with Participation ina HOPE VI Grant Application Process,”2 Int’l J. Public Participation 42 (2008) •“Interdisciplinary Tourism Education inInterdisciplinary Teaching and Learning inHigher Education: theory and practice”(with Tazim Jamal) in Interdisciplinary(2009) • “Race, Identity, and ProfessionalResponsibility: Why Legal ServicesOrganizations Need African American StaffAttorneys,” 18 Cornell J.L. & Pub. Pol’y 1(2008)Christine A. KleinChesterfield Smith Professor“Environmental Patriotism,” in BeyondEnvironmental Law: Policy Proposals fora Better Environmental Future (AlysonC. Flournoy and David M. Driesen, eds.)(Cambridge University Press, 2010) • “AScientific Assessment of Alternatives forReducing Water Management Effectson Threatened and Endangered Fishesin California’s Bay Delta” (co-author asmember of Committee on SustainableWater and Environmental Managementin the California Bay-Delta), (NationalResearch Council of the National Academyof Sciences, 2010) • Natural Resources Law:A Place-Based Book of Problems and Cases(with Federico Cheever & Bret C. Birdsong)(Aspen, 2d ed. 2009) • “The EnvironmentalDeficit: Applying Lessons from theEconomic Recession,” 53 Arizona L. Rev.651 (2009) • “Modernizing Water Law: TheCyberspace: What Can We Learn from JohnDoe?,” 50 Boston College L. Rev. 1 (2009) •“The Phases and Faces of the Duke LacrosseControversy: A Conversation,” (with JamesColeman et al.) 19 Seton Hall J. Sports &Ent. L. 181 (2009); “Where’s the Harm?:Free Speech and the Regulation of Lies,”65 Washington & Lee L. Rev. (2008) • “U.S.Media Law Update,” 13 Media & Arts. L.Rev. (Andrew Kenyon, ed., 2008)Tom C.W. LinAssistant Professor“Undressing The CEO: Disclosing Private,Material Matters Of Public CompanyExecutives,” 11 U. Pennsylvania Journal ofBusiness L. 383 (2009).Charlene LukeAssociate Professor“Risk, Return, and Objective EconomicSubstance,” 27 Virginia Tax Rev. 783 (2008)Pedro A. MalavetProfessor“The Story of Downes v. Bidwell: ‘TheConstitution Follows the Flag … But Doesn’tQuite Catch Up With It,’” in Race andFACULTYscholarshipKingKleinLearLearning and Teaching in Higher Education:theory and practice (BalasubramanyamChandramohan & Stephen Fallows,eds.) (London: Routledge Falmer, 2008)• “Grounding Theory: Developing NewTheory on Intergenerational Participationin Qualitative Methods for HousingResearch,” in Qualitative Housing ResearchMethods (Paul Maquin, ed.) (London:Elsevier, 2008)Shani M. KingAssociate Professor; Co-Director, Centeron Children and Families“US Immigration Law and the TraditionalNuclear Conception of Family: Toward aFunctional Definition of Family That ProtectsChildren’s Fundamental Human Rights,”41 Columbia Human Rights L. Rev. 509(2010) • “Challenging Monohumanism:An Argument for Changing the Way WeThink About Intercountry Adoption,” 30Michigan Journal of International Law 413Example of Florida” (with Mary Jane Angelo& Richard Hamann), 61 Florida L. Rev. 403(2009) • “Cultural Norms as a Source of Law:The Example of Bottled Water,” 30 CardozoL. Rev. 507 (2008) (with Ling-Yee Huang)• “Water Transfers: The Case AgainstTransbasin Diversions in the Eastern States,”25 UCLA J. Envtl. Law & Policy 249 (2008)Elizabeth T. LearProfessor“Federalism, Forum Shopping, and theForeign Injury Paradox,” 51 William & MaryL. Rev. 87 (2009)Lyrissa Barnett LidskyStephen C. O’Connell Professor“Nobody’s Fools: The Rational Audienceas First Amendment Ideal,” 2010 U.Illinois L. Rev. 799 • Torts: The Civil Law ofReparation for Harm Done by WrongfulAct (3d ed.) (with Joseph Little & Robert H.Lande), (LexisNexis, 2009) • “Anonymity inthe Law Stories (Rachel Moran & DevonCarbado, eds.) (Foundation Press, 2008)Amy R. MashburnProfessor“Can Xenophon Save the SocraticMethod?” 30 Thomas Jefferson L. Rev. 597(2008)Diane H. MazurProfessor and Gerald A. Sohn TermProfessorMemo for the Pentagon Working Group:Encouraging Candid Communicationsfrom Service Members While MitigatingRisk of Separation Under “Don’t Ask, Don’tTell” (Palm Center, University of California,Santa Barbara) (April 2010) • Secretary ofDefense Authority to Implement “Don’tAsk, Don’t Tell” in a Manner ConsistentWith National Security (Palm Center,University of California, Santa Barbara) (July2009) • Presidential Authority to Suspend10 www.law.ufl.edu/faculty

Lidsky Lin Luke Malavet Mashburn Mazurtax LawTax law is a complex and highly interesting area of the law. Virtually all commercial transactions andeven many personal interactions have a tax aspect to them. Taxes are used by the government notonly to raise revenue but also to shape social and economic policies. And, of course, taxes provokea strong reaction on the part of the taxpayers. In my scholarship, I have explored various aspectsof the problem of tax shelters, including analyses of the various approaches taken by governmentactors to curtail tax avoidance. My research influences how I frame the responsibilities of tax advisersas I discuss various aspects of the tax law with my students. Tax topics can range from abstractdiscussions about the relationship between tax law and distributive justice to highly technicaldissections of the appropriate use of debt inside a partnership. I enjoy both introducing tax to JDstudents who are nervous about taking their first tax class and exploring advanced tax topics withLLM students who are on the verge of becoming tax practitioners.—Charlene Luke, Associate Professor2010 report from the faculty 11

FACULTY scholarshipChildren’s Rights & Family LawIWe recently celebrated the twentieth anniversary of the Convention on the Rights of the Child—theUnited Nations’ most widely ratified human rights treaty—which articulates comprehensive civil, political,cultural and economic rights for children. Since the convention was ratified, we have seen markedprogress on children’s rights, including advances in child survival and development, as well as a growingrecognition that children are not just the property of their parents but should be empowered toparticipate in decisions involving their own lives. The convention has helped societies conceptualizechildren’s rights as a holistic concept and extends to children who are affected by armed conflict, childlabor, domestic violence and child trafficking. Despite this progress, there is still much to be doneto protect and advance children’s human rights. An overwhelming number of children lack access tomedical care, food, adequate shelter, and primary education. Children from marginalized communities,children with disabilities, and girls face disproportionate discrimination. Through our curriculum,study abroad programs, clinical work, speaker series, and conferences, UF Law’s Center on Childrenand Families seeks to advance children’s rights by supporting students who are working toward legalreform and social change that benefits children.—Shani M. King, Associate Professor;Co-Director, Center on Children and Families12 www.law.ufl.edu/faculty

Discharges for Homosexual Conductand Draft Executive Order SuspendingDischarges for Homosexual Conduct, inAaron Belkin et al., How to End “Don’t Ask,Don’t Tell”: A Roadmap of Political, Legal,Regulatory, and Organizational Steps toEqual Treatment (Palm Center, Universityof California, Santa Barbara) (May 2009);reprinted in Attitudes Aren’t Free: ThinkingDeeply About Diversity in the U.S. ArmedForces (Air University Press 2010)Martin J. McMahon Jr.Stephen C. O’Connell Professor“Recent Developments in Federal IncomeTaxation: The Year 2009,” 10 FloridaTax Rev. 79 (2010) (with Ira B. Shepard& Daniel L. Simmons) • “A Field Guideto Cancellation of Debt Income,” 63 TaxLawyer 415 (with Daniel L. Simmons)(Winter 2010) • “Métodos Alternativosde Soluciónde Conflictos Tributarios Anteuna Instancia Administrativa ed EstadosUnidos [Administrative Settlements of TaxControversies in the United States],” Anuariode derecho Tributario, Universidad DiegoPortales, Faculty de Derecho [Chile] 7 (2010)• “Recent Developments in Federal IncomeRobert C. L. MoffatProfessor; Affiliate Professor ofPhilosophy; Affiliate Professor ofSociology and Criminology & Law“Fairness and Self Interest: ReformingImmigration Reform,” 13 Nexus 103 (2008)• “Social Impacts on the Criminal Law of theEnforcement of Morality: Some Reflectionson the Anglo-American Debate,” 39Rechtstheorie 53 (2008)Winston P. NaganSamuel T. Dell Term Professor; AffiliateProfessor of Anthropology; Director,Institute of Human Rights and PeaceDevelopment“Misappropriation of Shuar TraditionalKnowledge (TK) and Trade Secrets: A CaseStudy on Biopiracy in the Amazon” (withEduardo J. Mordujovich, Judit K. Otvos,& Jason Taylor), 15 J. Technology Law &Policy 9 (2010) “National Security Policyand Ratification of the Comprehensive TestBan Treaty,” 32 Houston J. Int’l L. 1 (2009) •“The Optional Protocol to the ConventionAgainst Torture,” in La Creacion delMecanismo Espanol de Prevencion de laTortura (Fernando M. Marino Menendez &Research and Education,” 15 MichiganTelecommunications & Technology Rev. 359(2009) • “Comfortably Numb: Medicalizing(and Mitigating) Pain-and-SufferingDamages,” 42 U. Michigan J.L. Reform431 (2009) • “The Little Agency That Could(Act with Indifference to Constitutional andStatutory Strictures),” 93 Cornell L. Rev. 901(2008) •Kenneth B. NunnProfessor; Associate Director, Center onChildren and Families“‘Still Up On the Roof’: Race, Victimologyand the Response to Hurricane Katrina,”in Hurricane Katrina: America’s UnnaturalDisaster (Jeremy I. Levitt & Matthew C.Whitaker, eds.) (University of NebraskaPress, 2009) • “Diversity As a Dead End,” 35Pepperdine L. Rev. 705 (2008)William H. PageSenior Associate Dean for AcademicAffairs; Marshall M. Criser EminentScholar in Electronic Communications andAdministrative Law“Microsoft and the Limits of Antitrust,” 6 J.Competition Law & Economics 33 (2010) •McMahonMoffatNaganNoahNunnPageTaxation: The Year 2008” (with Ira B. Shepard& Daniel L. Simmons), 9 Florida Tax Rev. 275(2009) • “CCA 200911007: Trying to MakeSense Out of the $1,000,000 Ceiling in theHome Mortgage Interest Deduction Rules,”28 ABA Tax Section News Quarterly 22(Summer 2009) • Federal Income Taxation,Cases and Materials (6th ed.) (with PaulMcDaniel, Daniel Simmons & Gregg Polsky),(Foundation Press, 2008) • “Comparingthe Application of Judicial InterpretativeDoctrines to Revenue Statutes on OppositeSides of the Pond,” in ComparativePerspectives on Revenue Law: Essays inHonor of John Tiley (Peter Harris & DavidOliver, eds.) (Cambridge University Press,2008) • “Recent Developments in FederalIncome Taxation: The Year 2007” (with Ira B.Shepard & Daniel L. Simmons), 8 Florida TaxRev. 715 (2008) • Federal Income Taxationof Individuals (3d ed.) (with Boris I. Bittker &Lawrence A. Zelenak), (Warren, Gorham &Lamont, Semi-Annual Supplements 2008-10)Alicia Cebada Romero, eds.) (Madrid: Iustel,2009) • “The Rise of Outsourcing in ModernWarfare: Sovereign Power, Private MilitaryActors, and the Constitutive Process” (withCraig Hammer), 60 Maine L. Rev. 430 (2008)• “Globalism from an African Perspective:The Training of Lawyers for a New andChallenging Reality” (with Marcio Santos),17 Transnational L. & Contemp. Probs. 414(2008) • “Peace, Justice and Transition inColombia: Current Problems,” 8 Global Jur.(Advances) 3 (2008) • “Globalism from anAfrican Perspective: The Training of Lawyersfor A New and Challenging Reality,” 17Iowa J. Transnational L. & ContemporaryProblems 2 (2008) •Lars NoahProfessor“This Is Your Products Liability Restatementon Drugs,” 74 Brooklyn L. Rev. 839(2009) • “Platitudes About ‘ProductStewardship’ in Torts: Continuing Drug“Facilitating Practices and Concerted ActionUnder Section 1 of the Sherman Act,”Antitrust Law and Economics (Keith Hylton,ed.) (Edward Elgar, 2010) • “Twomblyand Communication: The EmergingDefinition of Agreement Under the NewPleading Standards,” 5 J. CompetitionLaw & Economics 439 (2009) • “MeasuringCompliance with Compulsory LicensingRemedies in the American Microsoft Case”(with Seldon J. Childers), 76 Antitrust L.J. 239 (2009) • Kintner’s Federal AntitrustLaw: Practices Prohibited by the ShermanAct (with Joseph Bauer & John Lopatka)(LexisNexis, Annual Supplements 2008-10)• “The Gary Dinners and the Meaning ofConcerted Action,” 62 SMU L. Rev. 597(2009) • “Mandatory Contracting Remediesin the American and European MicrosoftCases,” 75 Antitrust L.J. 787 (2009) •“Identifying and Remedying ExclusionaryConduct: Microsoft, the DOJ Section 2Report, and the New Administration,”2010 report from the faculty 13

Global Competition Policy (July 2009) •“Bargaining in the Shadow of the EuropeanMicrosoft Decision: The Microsoft-SambaProtocol License” (with Seldon J. Childers),102 Northwestern U. L. Rev. Colloquy332 (2008) • “Class Interpleader: TheAntitrust Modernization Commission’sRecommendation to Overrule Illinois Brick,”53 Antitrust Bulletin 725 (2008) • “TheIdeological Origins and Evolution of U.S.Antitrust Law,” in 1 Issues in CompetitionLaw and Policy 1 (ABA Antitrust Section,2008)Juan F. PereaCone Wagner Nugent Johnson Hazouriand Roth Professor“Destined for Servitude,” 44 U. SanFrancisco L. Rev. 245 (2009) • “Authors’Reply: Creating and Documenting a NewField of Legal Study” (with Richard Delgado& Jean Stefancic),12 Harvard Latino L. Rev.103 (2009) • Book Review: Laura Gomez,Manifest Destinies: The Making of theMexican American Race, American HistoricalRev. (April, 2009) • Latinos and the Law (withRichard Delgado and Jean Stefancic) (West,2008) • “Of Presidents and Precedents:in Court-Oriented Mediation” (with NancyA. Welsh), 15 Geo. Mason L. Rev. 863(2008) (republished as “What’s It All About?:Problem-Definition in Mediation,” DisputeResolution Magazine, Summer 2009 at 19)Elizabeth A. RoweAssociate Professor“Trade Secret Litigation and FreeSpeech: Is it Time to Restrain thePlaintiffs?” 50 Boston College L. Rev.1425 (2009) • “A Sociological Approachto Misappropriation,” 58 Kansas L. Rev.1 (2009) • “Dangers from the Inside:Employees as Threats to Trade Secrets,”in Harboring Data: Information Security,Law, and the Corporation (A. Matwyshned., Stanford University Press, 2009)• “The Challenge of Protecting TradeSecret Information in a Digital World,”in Intellectual Property Protection of Fact-Based Works: Copyright and its Alternatives(R. Brauneis, ed.) (Edward Elgar Press, 2009)• “Contributory Negligence, Technology,and Trade Secrets,” 17 Geo. Mason L. Rev.1 (2009) • “Technology and IntellectualProperty: New Rules for an Old Game?,”14 J. Technology L. & Pol’y 1 (2009) •Rts. J. 1 (2008) • “Time Out For HuckleberryFinn,” in Education Landscapes in the 21stCentury: Cross-cultural Challenges andMultidisciplinary Perspectives (CambridgeScholars Pub., 2008)Katheryn Russell-BrownChesterfield Smith Professor of Law;Director, Center for the Study of Race andRace RelationsThe Color of Crime (2d ed.) (NYU Press,2009)Michael L. SeigelProfessor; University of Florida ResearchFoundation ProfessorLawyers Crossing Lines: Ten Stories (2d ed.)(with James Kelly) (Carolina Academic Press,2010) • “Measuring the Value of CollegialityAmong Law Professors” (with Kathi Miner-Rubino), 1 Faulkner L. Rev. 257 (2010) •Editor, Race to Injustice: Lessons Learnedfrom the Duke Lacrosse Rape Case (CarolinaAcademic Press, 2009) and contributorof two chapters: “The Facts and Only theFacts” (with Robert Luck), and “The Momentof Truth: The Decision to Institute Chargesin a Rape Case” • “Corporate AmericaFACULTYscholarshipPerea Rebouché RiskinThe Role of Judicial Review in RecentPresidential Elections in Peru, Costa Rica,and the United States,” 20 Florida J. Int’l L.S201 (2008)Rachel RebouchéAssistant Professor“The Substance of Substantive Equality:Gender and Turkey’s Headscarf Debate,” 25American University Int’l L. Rev. 711 (2009)Leonard L. RiskinChesterfield Smith Professor“Annual Saltman Lecture: Further BeyondReason: Mindfulness, Emotions, and theCore Concerns in Negotiation,” 10 NevadaL.J. 289 (2010) • Dispute Resolution andLawyers (4th ed.), (with James E. Westbrooket. al) (West, 2009) • “Awareness andEthics in Dispute Resolution and Law:Why Mindfulness Tends to Foster EthicalBehavior,” 50 South Texas L. Rev. 493(2009) • “Is That All There Is?: ‘The Problem’“Proposing a Mechanism for RemovingTrade Secrets from the Internet,” J. InternetL., Sept. 2008, at 3Sharon E. RushIrving Cypen Professor; AssociateDirector, Center on Children and Families“The Town-Gown Relationship,” in Race toInjustice: Lessons Learned from the DukeLacrosse Rape Case (Michael L. Seigel, ed.)(Carolina Academic Press 2009) • “Toto, IHave a Feeling We Are Still in Kansas,” inLaw Touched Our Hearts: A GenerationRemembers Brown v. Board of Education(Mildred Wigfall Robinson & Richard J.Bonnie eds.) (Vanderbilt Univ. Press, 2009)• Contributed five case synopses to theEncyclopedia of the Supreme Court ofthe United States (D.S. Tanenhaus, ed.,New York: Macmillan 2008) • “WhitherSexual Orientation Analysis?: The ProperMethodology When Due Process and EqualProtection Intersect,” 16 Wm. & Mary Bill ofFights Back: The Battle Over Waiver ofthe Attorney Client Privilege,” 49 BostonCollege L. Rev. 1 (2008)Michael R. SiebeckerAssociate Professor“Trust & Transparency: Promoting EfficientCorporate Disclosure Through Fiduciary-Based Discourse,” 87 Washington U. L. Rev.115 (2009) • “Building a ‘New Institutional’Approach to Corporate Speech,” 59Alabama L. Rev. 247 (2008), reprinted in FirstAmendment Handbook 1051 (Rodney M.Smolla ed., West, 2009)D. Daniel SokolAssistant Professor“Law and Development—The Way Forwardor Just Stuck in the Same Place?,” 104Northwestern U. L. Rev. Colloquy 238 (2010)• “International Antitrust Institutions,” inCooperation, Comity and CompetitionPolicy (Andrew Guzman ed.) (Oxford14 www.law.ufl.edu/faculty

Rowe Rush Russell-BrownSeigelSiebeckerSokolcorporate lawTWe find ourselves at an incredibly exciting time to study and to practice corporate law. Recentlyimbued with virtually the same political speech rights as individuals, corporations increasingly usetheir wealth to direct our social, political, and economic values. The decisions controlling some of themost important aspects of our individual and communal lives are now made inside the boardroomrather than in the public eye. Perhaps in response to the creeping influence of corporations in shapingsociety, a growing number of shareholders and consumers make decisions about whether to purchasea company’s products or stock based the corporation’s compliance with one or more socially responsiblebusiness practices, such as implementing non-discrimination hiring practices, paying “livingwages” to overseas workers, or avoiding deforestation. So what do these developments mean for lawstudents, corporate lawyers, and law scholars? Quite simply, the corporation has evolved significantlyfrom a simple investment vehicle for generating wealth. Accordingly, the standards governing corporatebehavior must evolve as well. My research addresses the intersection of law and political theory,focusing primarily in the areas of securities regulation, business organizations, and corporate socialresponsibility. Crafting solutions to the problems plaguing the world’s financial markets requires anuanced, interdisciplinary understanding of the evolving nature of corporations. I work closely with mystudents to develop their skills in creative, critical legal analysis that will empower them to solve themost difficult business problems and to become superior corporate lawyers.—Michael Siebecker, Associate Professor2010 report from the faculty 15

Stinneford Tritt Williscriminal lawWThe punishment of crime is the most coercive thing the government does short of war. I study theconstitutional limits on the government’s power to inflict such punishment. Over the past thirtyyears, we have seen an unprecedented expansion of the criminal justice system, with the number ofprisoners increasing almost five-fold. It now appears that at least some of this expansion has beenthe result of moral panic: The public is led to believe that crack cocaine is a new type of superdrugthat will addict their children on first use; or that a new generation of superpredators is arising whowill tear apart the fabric of society; or that all sex offenders are remorseless pedophiles who willnever stop raping children until they are jailed, killed or castrated. When panics like this occur, legislaturesare likely to respond with extremely harsh new punishments – punishments that will remainin place long after the factual basis that supported the moral panic is shown to be exaggeratedor non-existent. My work focuses on whether the Cruel and Unusual Punishments Clause was designedas a check on the legislative impulse to innovate in the face of such panics. It is an excitingand important field of study, and I am happy to have the opportunity to work in it.—John F. Stinneford, Assistant Professor16 www.law.ufl.edu/faculty

John Spanogle) (West, 2009) • InternationalTrade and Economic Relations in a Nutshell(4th ed.) (with Ralph Folsom and JohnSpanogle) (West, 2008) • International CivilDispute Resolution (2nd ed.) (with CharlesBaldwin IV, Ronald Brand & David Epstein)(West, 2008)Richard H. HiersAffiliate Professor-Emeritus; EmeritusProfessor of ReligionJustice and Compassion in Biblical Law(Continuum, 2009)Thomas R. HurstSamuel T. Dell Term Professor-EmeritusUnincorporated Business Associations,including Agency, Partnership and LimitedLiability Companies (with William Gregory)(West, 2009) • “The Role of Credit RatingAgencies in the Current Worldwide FinancialCrisis,” 30 Company Lawyer 61 (2009)Jerold H. IsraelEd Rood Eminent Scholar-Emeritus in TrialAdvocacy and ProcedureCriminal Procedure Hornbook (withWayne LaFave et, al) (3d ed., West,for Harm Done by Wrongful Act (3d ed.)(with Lyrissa Lidsky & Robert H. Lande),(LexisNexis, 2009).Lawrence LokkenHugh F. Culverhouse Eminent Scholar-Emeritus in TaxationFundamentals of International Taxation (withBoris I. Bittker) (2009/2010 ed.) • “IncomeEffectively Connected with U.S. Trade orBusiness: A Survey and Appraisal,” 86 Taxes61 (2008)Paul R. McDanielJames J. Freeland Eminent Scholar-Emeritus in Taxation“The Staff of the Joint Committee onTaxation Revision of Tax ExpenditureClassification Methodology: An Essay,”in Tax Expenditures: State of the Art(Lisa Philipps, Neil Brooks and Jinyan Li,eds.), (Toronto: Canadian Tax Foundaton,forthcoming) • Federal Wealth TransferTaxation (6th ed.) (with James Repettiand Paul Caron) (Foundation Press, 2009)• Federal Income Taxation, Cases andMaterials (6th ed.) (with Martin McMahon,Daniel Simmons & Gregg Polsky)skills & libraryMary E. AdkinsLegal Skills Professor“The Unblinking Eye Turns to Appellate Law:Cameras in Trial Courtrooms and Their Effecton Appellate Law,” 15 J. Technology L. &Policy 65 (2010)George R. DekleLegal Skills ProfessorProsecution Principles: A Clinical Handbook(West, 2008)Joseph S. JacksonSenior Legal Skills Professor; AssociateDirector, Center on Children and Families“Approaches to Compromise: AComparative Analysis of the Constitutionsof the United States and the Republic ofPoland,” 8 Warsaw U. L. Rev. 83 (2008)Henry WihnykLegal Skills Professor; Director, LegalResearch & Writing and AppellateAdvocacy“Legal Writing: A Skill Polish Law StudentsShould Master in Law School,” 8 Warsaw U.Israel LittleLokkenMcDaniel Peters Richardson2009) • Principles of Criminal Procedure:Investigation (Concise Hornbook) (withWayne LaFave et, al) (2d ed., West, 2009)• Principles of Criminal Procedure: Post-Investigation (Concise Hornbook) (withWayne LaFave et, al) (2d ed., West, 2009)• Criminal Procedure and the Constitution(with Yale Kamisar et. al) (West, 2009 ed.)• White Collar Crime: Law and Practice(3d ed.) (with Ellen Podgor et al.) (West2009) • White Collar Crime in a Nutshell(4th ed.) (with Ellen Podgor) (West, 2009) •Modern Criminal Procedure (12th ed.) (withYale Kamisar et al.) (West 2008) • CriminalProcedure (3d ed. treatise) (with WayneR. LaFave et al.) (West, 2007, with 2009updates)Joseph W. LittleProfessor-EmeritusWorkers’ Compensation (6th ed.) (withThomas A. Eaton & Gary R. Smith), (West,2010) • Torts: The Civil Law of Reparation(Foundation Press, 2008)Don C. PetersProfessor-Emeritus“Can We Talk? Overcoming Barriers toMediating Private Transborder CommercialDisputes in the Americas,” 41 VanderbiltJ. Transnat’l L. 1251 (2008) • “Yes WeCan: Overcoming Barriers to MediatingPrivate Commercial Disputes” (with EwaGmurzynska), 8 Warsaw U. L. Rev. 122 (2008)• “Just Say No: Minimizing Limited AuthorityNegotiating in Court-Mandated Mediation,”8 Pepperdine Disp. Res. L.J. 273 (2008)David M. RichardsonProfessor-EmeritusFederal Tax Procedure (2d ed.), (with JeromeBorison and Steve Johnson) (MatthewBender, 2008)L. Rev. 148 (2008)Edward T. HartHead of Technical Services & AdjunctProfessor of Law“Hutchinson v. Valdosta: A Supreme CourtBattle Over Water Closets,” 16 SouthernJ. of Legal Hist. 181 (2008); “Service toDistance Learners: A Student’s Perspective,”8 Legal Information Management 64 (2008)Elizabeth OutlerHead of Public Services & Tax LawLibrarianEditor, “Law,” in Guide to Reference(American Library Association, 2009-10)18 www.law.ufl.edu/faculty

Adkins Dekle JacksonWihnykHart Outlercriminal ProcedureOver the last few decades, psychology has left an indelible mark on criminal law and procedure.The advent of battered woman’s syndrome, the prohibition against executing mentally retarded defendants,and the ban on sentencing juvenile offenders to life without parole for nonhomicidal crimesall stem from psychological understandings of decision-making, judgment, and development. In myresearch, I draw upon insights from psychology to debunk arguments supporting the legal system’scurrent treatment of the mentally ill. Courts routinely treat mentally ill individuals differently, limitingsome constitutional rights such as self-representation and even subjecting them to wholly new structuresof supervision and punishment. Research reveals that persons with mental illness or disabilityare largely capable of rational thought and action, and I believe the legal system should recognizeand promote their autonomy. This commitment to preserving and promoting the autonomy of disaffectedpersons permeates my research and informs classroom discussions on topics as diverse ascompetency to stand trial, self-representation, and excuses and justifications in criminal law.—E. Lea Johnston, Assistant Professor2010 report from the faculty 19

FACULTY scholarshiptrusts & estatesWThe state of Florida has welcomed exceptional growth in estate planning and administration in recentyears. The growth in Florida’s estate planning industry can be attributed to many factors: theoverall demographic move toward the Sun Belt, favorable income and transfer tax laws, updatedtrusts and estates (T&E) law, retiree-friendly communities, and asset protection, to name a few.Accordingly, sophisticated estate planning will remain in high demand in Florida. It is my honor toteach the next generation of T&E lawyers who will ensure that the state remains at the forefront ofestate planning for years to come. In addition to the rewards of teaching, I am fortunate enough tobe researching during a particularly fecund period in T&E law. At the center of the heated debateis the very nature, function, and form of T&E law, the rights and limitations to bequeath propertyand our conceptions of property ownership itself. My scholarly interests address the intersectionof estate planning theory and other legal disciplines in an attempt to advocate a robust theory oftestamentary freedom.—Lee-ford Tritt, Associate Professor; Director, Center for EstatePlanning and Estates and Trusts Practice Certificate Program;20 www.law.ufl.edu/faculty

center for governmental responsibilityThe Center for GovernmentalResponsibility is a legal and public policyresearch institute located within the LevinCollege of Law. Its faculty study a rangeof topics, including environmental law andpolicy, election law, international tradepolicy, government and judicial reforms,social policy, privacy, and constitutionalissues. They conduct both academic andapplied research, and publish books, bookchapters, articles, contract reports, policyanalysis, and CLE credit programs. CGRresearch has been published in Spanish,Polish, and Portuguese, as well as in English,and has been presented to policy makersand stakeholders at all levels, includingcommittees of the Florida Legislature,the U.S. Congress, and PresidentialCommissions. CGR’s publications includecontract reports and sponsored research.Environmental Law and PolicyThomas T. Ankersen and Kevin Regan,“Baselines and Benchmarks: The Needfor a National Environmental LegacyAct to Address the Shifting BaselinesEditora, São Paulo, 2010) • Jeffry S. Wade,“Privatization and the Future of WaterServices,” 20 Florida J. International L. 179(2008)Government and Judicial ReformsJon L. Mills, Privacy: The Lost Right, (OxfordUniversity Press, 2008) • Timothy McLendon(with Terry McCoy), 2009 Latin AmericanBusiness Environment Report, Univ. ofFlorida, Center for Latin American Studies(2009) • Jon Mills and Ryan Koslosky,“Whither Communism: A ComparativePerspective on Constitutionalism ina Postsocialist Cuba,” 40:4 GeorgeWashington International L. Rev 1219(2009) • Ewa Gmurznynska and JacquelineNolan-Haley, “Culture-The Body/SoulConnector,” in Rethinking NegotiationTeaching: Innovations for Context andCulture (Christopher Honeyman, JamesCoben & Giuseppe De Palo, eds.) (DisputeResolution Institute Press, 2009) • CliffordA. Jones, “The Stephen Colbert Problem:The Media Exemption for Corporate PoliticalAdvocacy and ‘The Hail to the CheeseMcLendon, “Institutional and PoliticalDevelopment of the EU,” in The EUExpansion: Communicating SharedSoverignty in the Parliamentary Elections(Lynda L. Kaid, ed.) (Peter Lang Publishing,2008) • Jon Mills and Timothy McLendon,“Law Schools as Agents of Change andJustice Reform in the Americas,” 20 FloridaJ. International L. 5 (Symposium, 2008)International Trade PolicyStephen J. Powell, Just Trade: A NewCovenant Linking Trade and Human Rights,(with Berta Hernández-Truyol) (NYU Press,2009) • Stephen J. Powell, “Expandingthe NAFTA Chapter 19 Dispute SettlementSystem: A Way to Declaw Trade RemedyLaws in a Free Trade Area of theAmericas?” 16 Law & Business Review ofthe Americas #2, UF Levin College of LawResearch Paper.Social PolicyJoan Flocks, “Pesticide Policy andFarmworker Health,” 24 Review onEnvironmental Health 297 (2009)AnkersenFlocksGmurznynskaHamannJonesMcLendonPowellWadePhenomenon,” in Beyond EnvironmentalLaw: Policy Proposals for a BetterEnvironmental Tommorrow (Alyson C.Flournoy & David Driesen, eds.) (2009)• Christine Klein, Mary Jane Angelo andRichard Hamann, “Modernizing Water Law:The Example of Florida,” 61 Florida L. Rev.404 (2009) • Sharon B. Megdal, RichardHamann, Thomas Harter, James W. Jawitzand J. Michael Jess, “Water, People and theFuture: Water Availability for Agriculture inthe United States,” Council for AgriculturalScience and Technology, Issue Paper No.44 (November, 2009) (available at www.castscience.org)• Jeffry S. Wade, “A Regulaçãoe Uso dos Biocombustíveis nos EstadosUnidos (The Regulation and Use of Biofuelsin the United States),” in BiocombustíveisComo Fonte de Enegia Sustentável:Considerações Técnicas, Jurídicas e Éticas(Biofuels as a Source of Sustainable Energy:Technical, Legal and Ethical Considerations)(Helene Selvini Ferreira and José RubensMorato Leite, eds.) (Saraiva S.A LivreirosStephen Colbert Nacho Cheese Doritos ©2008 Presidential Campaign (Coverage),’”19 U. Florida J. Law & Public Policy 295(2008) • Timothy McLendon and Thomas M.Clarke, “Court Electronic Public Access PilotProgram Assessment, Phase One, ManateeCounty, Florida,” (National Center for StateCourts, 2009) • Clifford A. Jones, “PatentPower and Market Power: Rethinking theRelationship Between Intellectual PropertyRights and Market Power in AntitrustAnalysis,” in Handbook of IntellectualProperty and Competition Law (J. Drexl, ed.),(Edward Elgar Publishing, 2008)International LawClifford A. Jones, “A Question ofBalance: The White Paper on DamagesActions for Breach of the EC AntitrustRules from an American Perspective,”in Newest Developments in Europeanand International Competition Law—2008 Fifteenth St. Gallen InternationalCompetition Law Forum (2009) • TimothyJon L. MillsProfessor; Dean Emeritus; Director,Center for Governmental Responsibility2010 report from the faculty 21

UF Law...• One of the nation’s LARGEST LAWSCHOOLS, with 1,000 students,approximately 90 tenure/tenuretrackfaculty and 40-plus otherfull-time faculty who support thecollege through clinical, research,skills training and administrativeprograms. It offers JD certificateprograms in Environmental andLand Use Law, Estates and TrustsPractice, Family Law, IntellectualProperty Law, and Internationaland Comparative Law; anextensive array of joint degreeprograms; specialized centers,environmental and land use law.• Has offered STRONGINTERNATIONAL PROGRAMSfor more than three decades,and many members of the facultyare experts in internationallegal issues. These programsand its LLM in Comparative LawProgram for foreign lawyersexpand the school’s curriculumand international offerings andstrengthen its ties with programsand scholars around the globe.• Has a longstanding traditionof preparing its graduates forFlorida; and hundreds of statesenators and representativesand Florida Cabinet members.Nine graduates became collegepresidents, including at UF. Morethan a dozen have served as deansof law schools. It is ranked fourthamong public law schools in 2008(eighth overall) in the number ofits graduates serving as federaldistrict and circuit court judges;more than 250 graduates serve asstate appellate and trial judges inFlorida, and many serve in thoseroles in other states as well.institutes and program areas; andstrong clinical offerings.• A high quality, comprehensivelaw school, with LEADINGPROGRAMS in GRADUATETAXATION, ENVIRONMENTALAND LAND USE LAW, andFAMILY LAW. The GraduateTaxation Program, which offersthe LLM in Taxation, LLM inInternational Taxation andSJD in taxation, is widely andconsistently regarded as one ofthe nation’s top programs. TheEnvironmental Law Programoffers the nation’s first LLM inthe closely-related fields ofsignificant leadership roles.Its 18,000-plus alumni includenumerous leaders in law, business,government, public serviceand education at the state andnational level. No other law schoolhas produced as many presidentsof the American Bar Associationin the past four decades — fiveincluding 2010-11 presidentSteve Zack. Graduates also arerepresented by the majority of TheFlorida Bar presidents, includingimmediate past president JohnG. White III, president MayanneDowns, and president-electScott Hawkins; four governors ofRobert H. Jerry II; Dean; Levin, Mabie and LevinProfessor of LawWilliam H. Page; Senior Associate Dean forAcademic Affairs; Marshall M. Criser Eminent ScholarStuart R. Cohn; Associate Dean for InternationalStudies; Gerald A. Sohn ScholarMark fenster; Associate Dean for FacultyDevelopmentMichael K. Friel; Associate Dean and Director,Graduate Taxation ProgramRachel Inman; Associate Dean for StudentsM. Kathleen Price; Associate Dean, Library andTechnology; Clarence J. TeSelle Professor of Lawdebra K. staats; Associate Dean for AdministrativeAffairsMichelle adorno; Assistant Dean for AdmissionsLinda Calvert Hanson; Assistant Dean forCareer DevelopmentDebra D. Amirin; Director of CommunicationsKelley Frohlich; Senior Director of Development andAlumni AffairsSend updates or corrections to Associate Dean forFaculty Development Mark Fenster, Levin College of Law,PO Box 117633, Gainesville, FL 32611-7633, or e-mailfenster@law.ufl.edu. The University of Florida is committedto non-discrimination with respect to race, creed,color, religion, age, disability, gender, marital status,sexual orientation, national origin, political opinions oraffiliations, and veteran status.22 www.law.ufl.edu/faculty

FACULTY in the mediaThe UF Law faculty is comprised ofhighly accomplished scholars whobring remarkable experience andknowledge to the classroom. In 2009-2010, our faculty served as experts tothe media more than 200 times andwere quoted in these major outlets:• Associated Press• St. Petersburg Times• Florida Bar Journal• Florida Times Union• Palm Beach Post• Orlando Sentinel• Miami Herald• South florida Sun-Sentinel• Washington Post• Bloomberg News• New York Times• Reuters• CNN• Computerworld• Wall Street Journal• USA Today• Boston Globe• NPR• Forbes• ABCNews.com• Huffington Post• PBS.org• Chicago Tribune• Atlanta Journal-Constitution• Scripps News• American Public Media• Business Week• Christian Science Monitor• US Magazine• gainesville sun2010 report from the faculty 23

The Foundation for The Gator NationLevin College of LawP.O. Box 117633Gainesville, FL 32611-7633Non-ProfitOrganizationU.S. PostagePAIDGainesville, FLPermit No. 902www.law.ufl.edu/faculty