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Faculty Focus Archives: Summer 2014

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August

Professor Mary Anne Franks Publishes Articles in The Atlantic, California Law Review; Gives Talks on Digital Identity & Sexual Privacy

Professor Mary Anne Franks

Professor Mary Anne Franks' article, “The Many Ways Twitter is Bad at Responding to Abuse,” was published in The Atlantic, and her article about the shooting of Michael Brown, “Presumed Unworthy,” was published in The Huffington Post. Professor Franks’s contribution to the University of California, Berkeley's Festschrift Symposium in Honor of Angela Harris, “I Am/I Am Not: On Angela Harris’s Race and Essentialism in Feminist Legal Theory”, was published in the California Law Review. At the Association for Education in Journalism and Mass Communication's 2014 Conference in Montreal, Professor Franks spoke on a panel about revenge porn and digital identity and gave the keynote address at the Commission on the Status of Women Mentoring Luncheon. Professor Franks was also a plenary speaker at the National Network to End Domestic Violence’s Technology Safety Summit in San Jose. Her research and teaching interests include cyberlaw, self-defense, discrimination, free speech, and privacy.

Professor Felix Mormann Discusses Strategies for Scaling Solar Energy

Felix Mormann

Professor Felix Mormann participated in a two-day symposium on the future of solar energy held at the Rockefeller estate in New York. Following an invitation from the Rockefeller Brothers Foundation, Professor Mormann joined a small group of academics, regulators, and policymakers to discuss strategies to accelerate the build-out of solar energy infrastructure across North America. Professor Mormann’s scholarship explores the financial, regulatory and policy challenges along the path to an environmentally and economically sustainable energy future. He teaches in the areas of contracts, environmental law, energy law, and climate change.

Lecturer in Law Jan Jacobowitz Participates in Government Ethics Panel

Jan Jacobowitz

Lecturer in Law Jan L. Jacobowitz participated on a government ethics panel for the Good Government Initiative’s, Leaders in Excellence Class. Jacobowitz kicked off the panel discussion by providing a philosophical and psychological context for analyzing ethics and decision-making. Jacobowitz is the Vice-Chairman of Broward’s Selection and Oversight Committee for the Inspector General and has taught Government Ethics. Jacobowitz directs Miami Law’s award winning Professional Responsibility & Ethics Program. The Good Government Initiative is located at the University of Miami and provides programming developed by Katy Sorenson, the president and CEO, to educate elected officials at the state and local level in the important issues of governance.


Professor Donald Jones Participates in Panel on Racial Profiling

Donald Jones

Professor Donald Jones recently spoke on a panel titled “Searching for Justice: Racial Profiling in the 21st Century” in Atlanta, Georgia hosted by the National Bar Association. His talk centered on themes from his recent book Fear of a Hop-Hop Planet: American’s New Dilemma. The panel also consisted of Reverend Jesse Jackson, Sherrilyn Ifill, Chair of the NAACP Legal Defense Fund, and Professor David Greene of North Carolina Central University School of Law. Professor Jones teaches Constitutional Law, Criminal Procedure, and Employment Discrimination at the law school at Miami Law.

Professor Kele Stewart Publishes Two articles on Children's Rights

Kele Stewart

Professor Kele Stewart, co-director of Miami Law’s Children & Youth Law Clinic recently published two articles on international children's rights and immigrant children. In “Implementing the Child Protection Provisions of the Convention on the Rights of the Child in Trinidad and Tobago,” published in the University of Miami International and Comparative Law Review, Professor Stewart provides a framework for implementing the child protection provisions of the CRC. Using Trinidad & Tobago as an example, she argues that the CRC requires signatories to prioritize family integrity and that Trinidad & Tobago should leverage its tradition of extended kinship care in developing its new civil child protection system. Her article Unequal Access to Special Immigrant Juvenile Status: State Court Adjudication of One-Parent Cases, published in American Bar Association’s Children’s Rights Litigation addresses Special Immigrant Juvenile (SIJ) status, a path to lawful permanent residency for immigrant children who have been abused, abandoned and neglected. The article examines an issue in which the federal law has been subject to divergent interpretation by state judges, to whom Congress delegated certain predicate factual findings. Professor Stewart concludes that some state courts impermissibly serve as gatekeepers for immigration relief creating unequal treatment among similarly situated vulnerable immigrant children.

Professor Markus Wagner Speaks at University of Sao Paulo on International Trade Law

Markus Wagner

Professor Markus Wagner was invited to speak at the Faculty of Law at the University of Sao Paulo. His presentation on “Private Standards and International Trade Law” analyzed the challenges the increasing privatization of regulatory affairs poses to the international trading system and how private standardization fits into this legal framework. Professor Wagner teaches and writes in the areas of international law, constitutional law and comparative law. His recent scholarship has focused on the development of autonomous weaponry and its compatibility with international humanitarian law and various aspects of international economic law.


Professor Anthony Alfieri Delivers Lecture on Civil Rights and Poverty Law

Anthony Alfieri

Professor Anthony Alfieri, Director of the Center for Ethics and Public Service and Founder of the Historic Black Church Program, recently delivered a lecture on “Paternalistic Interventions in Civil Rights and Poverty Law: A Case Study of Environmental Justice” at the International Legal Ethics Conference in London. He also testified in a City Commission Hearing in the case of the City of Coral Gables, Fla. v. Astor Trolley, LLC. Professor Alfieri teaches civil procedure, ethics, professional liability, public interest law and leadership, social entrepreneurship, and lawyer malpractice. He has published more than 70 articles, essays, and editorials on ethics, criminal justice, poverty law, and the legal profession in leading journals and book anthologies. His work has been cited and downloaded more than 3,000 times in books, law journals, social science networks, and the media.

Lecturer in Law Jan Jacobowitz Moderates Panel on Legal Ethics & Effective Lawyering

Jan Jacobowitz

Lecturer in Law Jan L. Jacobowitz moderated a panel at the International Legal Ethics Conference in London, England. The panel was titled, “A Rose By Any Other Name?---Cultural Competence and its Impact on Legal Ethics & Effective Lawyering.” The panel was an outgrowth of Jacobowitz’s article, “A Rose By Any Other Name: Enhancing Professionalism Through Cultural Competency.” Jacobowitz is the Director of the Professional Responsibility & Ethics Program (PREP), a 2012 recipient of the ABA’s E. Smythe Gambrell Award---the leading national award for a professionalism program. She has presented more than one hundred PREP Ethics CLE Seminars and has written and been a featured speaker or panelist on topics such as Legal Ethics in Social Media and Advertising, Lawyer’s First Amendment Rights, Mindful Ethics, and Cultural Awareness in the Practice of Law.

Clinic Director Teresa Verges Publishes Article

Teresa Verges

Clinic Director and Lecturer in Law Teresa J. Verges's article, "Opening the Floodgates of Small Customer Claims in FINRA Arbitration" was published in the Cardozo Journal of Conflict Resolution. The article explores broker-dealer regulation and conflicts between member conduct rules promulgated by the Financial Industry Regulatory Authority (FINRA) and recent Supreme Court jurisprudence on class action waivers in pre-dispute arbitration agreements under the Federal Arbitration Act. Director Verges was also invited to serve on the 17-member board of the National Mediation and Arbitration Committee for a three-year term. The NAMC makes recommendations to FINRA on rules, regulations and procedures that govern the conduct of arbitration, mediation, and other dispute resolution matters before FINRA. The NAMC also makes recommendations regarding recruitment, qualification, training, and evaluation of arbitrators and mediators. Verges directs the Investor Rights Clinic.


July

Professor Caroline Mala Corbin Presents Paper at Law and Religion Roundtable

Caroline Mala Corbin

Professor Caroline Mala Corbin recently presented a paper comparing intentional discrimination in Establishment Clause and Equal Protection Clause jurisprudence at the Fifth Annual Law and Religion Roundtable at the Washington University School of Law in St. Louis, Missouri. In addition, her short essay, Emotional Compelled Disclosures, a response to Professor Rebecca Tushnet’s Harvard Law Review article on emotion and compelled speech, is now available online. Professor Corbin teaches U.S. Constitutional Law I, U.S. Constitutional Law II, First Amendment, and Feminism and the First Amendment. Her articles have appeared in the New York University Law Review, UCLA Law Review, Northwestern University Law Review and Boston University Law Review, among others.

Professor Felix Mormann Discusses Innovative Approaches to Teaching Energy Law

Felix Mormann

Professor Felix Mormann participated in a symposium on teaching energy law held at Vermont Law School. Following an invitation from the Institute for Energy and the Environment, Professor Mormann joined U.S. and international academics to discuss current trends and novel approaches to teaching energy law. Participants also met with members of the ABA’s Energy Bar Association to identify critical knowledge and skills for practice-ready law school graduates. Professor Mormann’s scholarship explores the financial, regulatory and policy challenges along the path to an environmentally and economically sustainable energy future. He teaches in the areas of contracts, environmental law, energy law, and climate change.


Professor of Legal Writing Jennifer Hill Participates in Legal Writing Conference

Jennifer Hill

Professor of Legal Writing and Lecturer in Law Jennifer Hill presented on "Community-Based Policy Research and Writing" at a conference at Drexel University in Philadelphia, Pennsylvania. The conference, "Bringing Outside In: Social Justice Collaborations in the Legal Writing Curriculum," was the first workshop devoted entirely to the growing movement to bring realistic and challenging social justice issues into legal writing classrooms, to develop collaborations between legal writing programs and law school clinics, and to strengthen policy research and writing instruction through partnerships with advocacy organizations. Professor Hill spoke at the conference about the gaps that exist because formal skills instruction in law schools often does not cover the nontraditional research and writing skills required for policy advocacy and because students may not gain exposure to policy analysis during internships due to restrictions on the time or scope of advocacy activities. Professor Hill is a member of Miami Law’s Legal Communication and Research Skills Program.


Associate Professor Caroline Bettinger-Lopez Speaks at Human Rights Training for Lawyers & Advocates

Caroline Bettinger-Lopez

Associate Professor of Clinical Legal Education Caroline Bettinger-Lopez recently participated at a human rights training for lawyers and advocates called “Protecting Women's Rights: International Law and Advocacy” at the UC Hastings College of Law in San Francisco. She discussed violence against women as a human rights violation. Prof. Bettinger-Lopez is the director of the Human Rights Clinic at Miami Law. Her scholarship, advocacy, and teaching concern international human rights law and advocacy, violence against women, gender and race discrimination, immigrants' rights, and clinical legal education.

Legal Writing Professors Jill Barton and Rachel H. Smith Present at Legal Writing Institute Biennial Conference

Jill Barton and Rachel H. Smith, Professors of Legal Writing and Lecturers in Law, recently presented at the 2014 Biennial Conference for the Legal Writing Institute, the second largest organization of law professors in the United States. Their presentation, “Thinking Deeper: Introducing ‘Anchors’ to Help Students Read Authorities More Carefully and Deepen their Legal Analysis” discussed their pioneering concept of “anchors.” This concept appears in Barton and Smith’s recently published legal writing textbook, The Handbook for the New Legal Writer, which is the assigned text for Miami Law’s innovative 1L course Legal Communication and Research Skills (LComm) program. Professors Barton and Smith are founding faculty of the LComm program and also teach courses in judicial writing, advanced persuasive techniques, and storytelling.


PREP Director Jan Jacobowitz Participates in Ethics Panel at FL Bar Conference

Jan Jacobowitz

Lecturer in Law Jan L Jacobowitz participated in the Outlook Ethics panel at the recent Florida Bar Annual Conference in Orlando. The panel engaged the audience in an interactive discussion about professionalism and ethics with a particular focus on the use of electronic communication and social media in the practice of law. Jacobowitz is the director of the Professional Responsibility & Ethics Program, which is a 2012 ABA Gambrell Award recipient. She is on the board of the Association of Professional Responsibility Lawyers (APRL) and is APRL's liaison to the ABA Standing Committee on Professionalism. Jacobowitz also teaches Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age and Social Media and the Law.


Professor James W. Nickel Serves as Senior Research Associate at University of Oslo Law School

James W. Nickel

Professor James Nickel was in Oslo, Norway this month serving as a Senior Research Associate in a project on international courts at the University of Oslo Law School. During his time there he made a presentation on emergencies and human rights to the research team, commented on a chapter on conflicts of rights at a workshop on Semantha Besson's new book on human rights, and taught three sessions of a Ph.D. course on the philosophy of human rights to graduate students from many countries in Europe. Professor Nickel holds a joint appointment in the Philosophy Department and the Law School. He teaches and writes in human rights law and theory, political philosophy, philosophy of law, and constitutional law.

Rebecca Sharpless, Director of the Immigration Clinic, Speaks on Immigration Law Panel

Rebecca Sharpless

Rebecca Sharpless, Associate Professor of Clinical Legal Education and Director of the Immigration Clinic, http://www.law.miami.edu/clinics/immigration/?op=7 recently spoke on a panel at the American Immigrations Lawyers Association’s national conference in Boston. During the panel “Challenges and Strategies Beyond Relief” Professor Sharpless spoke about due process challenges in immigration court proceedings. Professor Sharpless writes and speaks widely on immigration law and has been a presenter at national and local trainings and conferences, including trainings of judges, law clerks, and advocates.


Professor Markus Wagner Presents Work on Trade and Investment Law in Brazil

Markus Wagner

Professor Markus Wagner was invited to present his work on trade and investment law at a joint research seminar between the Escuela de Direito of the school of law of the Fundação Getulio Varga and the Universidade Federal do Rio Grande do Sul in Sao Paulo, Brazil. His presentation was based on his forthcoming article titled "Policy Space in International Investment Law and International Trade Law," which compares the global trade and investment regimes. The paper, to be published in the University of Pennsylvania Journal of International Law, addresses the question to what extent states can claim policy space before international trade and investment tribunals. It finds that the experience of the WTO regime can serve as a useful blueprint for international investment law in situations in which states demand the ability to take policy decisions in public health or environmental matters. Professor Wagner teaches and writes in the areas of international law, constitutional law and comparative law. His recent scholarship has focused on the development of autonomous weaponry and its compatibility with international humanitarian law and various aspects of international economic law.


June

Professor David Abraham Participates in Religious Pluralism Symposium and Law and Society Conference

David Abraham

Professor David Abraham participated in an international symposium on “Religious Pluralism in Democratic Societies” held in Leipzig, Germany. Abraham discussed the dilemma of enlightened liberalism, which insists simultaneously on the freedom of individuals to believe what they wish and yet insists on reason and rationality as the basis for collective deliberation and decision making. The result, Prof. Abraham argued, has sometimes been a form of “illiberal liberalism” that may force individuals to be free. He also participated in the annual Law and Society conference, held this year in Minneapolis. There Prof. Abraham participated in a round table on “Guantanamo: a Dozen Years Later.” Abraham argued that what had initially seemed like an “exception” in a world of due process has revealed itself to be part of a spectrum of due process exceptions, evident, for example, in the world of immigration enforcement and adjudication. At Miami Law, Professor Abraham teaches Property, Immigration & Citizenship Law, Citizenship and Identity, Law and the Transition to Capitalism and Law and Social Theory. He has been widely published in each of those areas as well as serving as a frequent media commentator for American, German, and Israeli newspapers and television.

Lecturer in Law Jan Jacobowitz Moderates Panel on Mindfulness in Professional Training

Jan Jacobowitz

Lecturer in Law Jan L. Jacobowitz moderated a panel at the ABA's Center for Professional Responsibility 40th Annual Meeting. The panel, Mindfulness in Professional Training, included panelists Peter Jarvis, Christy Cassisa, and colleague Scott Rogers, founder and director of Miami Law's Mindfulness in Law program. Jacobowitz is the director of the Professional Responsibility & Ethics Program, which is a 2012 ABA Gambrell Award recipient. She is on the board of the Association of Professional Responsibility Lawyers (APRL) and is APRL's liaison to the ABA Standing Committee on Professionalism. Jacobowitz also teaches Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age and is the co-author of Mindfulness and Professional Responsibility: A Guidebook for Integrating Mindfulness into the Law School Curriculum.


Professor of Legal Writing Jennifer Hill Participates in Teaching Advocacy Skills Conference Panel

Jennifer Hill

Professor of Legal Writing and Lecturer in Law Jennifer Hill participated in the 2014 Educating Advocates: Teaching Advocacy Skills conference at Stetson University College of Law. She was part of a panel presentation on “Taking Advocacy Out of the Courtroom and Into the Community,” together with J.J. Rosenbaum, Legal Director of the New Orleans Worker Center for Racial Justice, and Charles Elsesser, Director of the Community Justice Project of Florida Legal Services. Using as examples recent immigrant rights, labor, and housing advocacy campaigns, they discussed the importance of community lawyering strategies for social justice advocacy. Hill focused on how Miami Law and other law schools are adjusting course offerings, experiential learning opportunities, and teaching methods to better prepare students for public interest and social justice work. Hill teaches in the Legal Communications and Research Skills Program at Miami Law.


Professor Felix Mormann Lectures on Climate Change in Germany

Felix Mormann

Professor Felix Mormann gave a guest lecture on U.S. climate change policy at the University of Marburg, Germany. Following an invitation from Professor Monika Böhm, Professor Mormann discussed the implications of Massachusetts v. EPA leading up to EPA’s proposed rules to address greenhouse gas emissions from existing fossil fuel-fired power plants. Professor Mormann’s scholarship explores the financial, regulatory and policy challenges along the path to an environmentally and economically sustainable energy future. He teaches in the areas of contracts, environmental law, energy law, and climate change.

Professor Leigh Osofsky Gives Talks at Columbia, Junior Tax Scholars Workshop, and IRS

Leigh Osofsky

Professor Leigh Osofsky has given a number of recent talks regarding tax enforcement. At the Columbia Tax Workshop, Professor Osofsky presented her recent paper, “Beyond ‘Worst-First’ Tax Law Enforcement.” She also presented a new paper, “Announcing Tax Enforcement Priorities,” at the Junior Tax Scholars Workshop, hosted by the American University Washington College of Law. In addition, Professor Osofsky presented a paper, “Turning ‘Worst-First’ Into Best Case Tax Enforcement,” at the Internal Revenue Service / Urban-Brookings Tax Policy Center 2014 Research Conference. The paper, “Turning ‘Worst-First’ Into Best Case Tax Enforcement,” will be published in the IRS Research Bulletin. Professor Osofsky teaches courses addressing various aspects of taxation and policy.


Professor Markus Wagner Moderates Panel on Autonomous Weaponry and Armed Conflict

Markus Wagner

Professor Markus Wagner organized and moderated a panel on Autonomous Weaponry and Armed Conflict at the joint 76th Biennial Conference of the and International Law Association and 108th Annual Meeting of the American Society of International Law in Washington, DC. The event departed from the usual paper presentation format and was actively engaging the participants, which included leading experts from the fields of law, engineering and policy. Professor Wagner teaches and writes in the areas of international law, constitutional law and comparative law. His recent scholarship has focused on the development of autonomous weaponry and its compatibility with international humanitarian law and various aspects of international economic law. His latest work on autonomous weapon systems will be published with the Vanderbilt Journal of Transnational Law later in the year.


Professor Caroline Bettinger-Lopez Discusses Book on Cuban-Jewish Community

Caroline Bettinger-Lopez

Professor Caroline Bettinger-Lopez, Director of Miami Law’s Human Rights Clinic, recently discussed her book Cuban-Jewish Journeys: Searching for Identity, Home, and History in Miami at the Cuban Research Institute at Florida International University. Her scholarship, advocacy, and teaching concern international human rights law and advocacy, violence against women, gender and race discrimination, immigrants' rights, and clinical legal education. She is lead counsel on Jessica Lenahan (Gonzales) v. United States (Inter-American Commission on Human Rights, 2011), the first international human rights case brought by a domestic violence victim against the U.S.

Professor Mary Anne Franks Participates in Several Seminars Dealing with Revenge Porn and Security Dangers

Mary Anne Franks

Professor Mary Anne Franks recently visited the University of Chicago Institute of Politics to speak at a seminar on social media, gender, and power. She was a plenary speaker for the 2014 Washington Superior Court Judges Spring Conference and led a seminar on sexual privacy for the Washington Supreme Court Gender and Justice Commission. Professor Franks also participated in two seminars at the University of Washington School of Law, one on the role of intellectual property law in regulating revenge porn, and one on security and privacy dangers created by the Internet. She presented her paper, “Men, Women, and Optimal Violence” at the 2014 Law and Society Association Conference. Professor Franks was recently featured in a HuffPost Live discussion about the recent UCSB shooting, interviewed by the Christian Science Monitor about Stand Your Ground laws, and co-authored an op-ed on "revenge porn" in The Guardian.


Lecturer in Law Jennifer Hill Participates in Teaching Advocacy Skills Conference

Jennifer Hill

Professor of Legal Writing and Lecturer in Law Jennifer Hill recently participated in the 2014 Educating Advocates: Teaching Advocacy Skills conference at Stetson University College of Law. The theme of the conference was "Teaching in the New World Order," and the conference focused on teaching trial advocacy skills. She was part of a panel presentation on “Taking Advocacy Out of the Courtroom and Into the Community,” together with J.J. Rosenbaum, Legal Director of the New Orleans Worker Center for Racial Justice, and Charles Elsesser, Director of the Community Justice Project of Florida Legal Services. Using as examples recent immigrant rights, labor, and housing advocacy campaigns, we discussed the importance of community lawyering strategies for social justice advocacy. A professor in Miami Law’s Legal Communication and Research Skills Program, Professor Hill focused on how the University of Miami and other law schools are adjusting course offerings, experiential learning opportunities, and teaching methods to better prepare students for public interest and social justice work.