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Faculty Focus Archives: Spring 2014

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May

Clinic Directors and Mindfulness in Law Director Present at AALS Conference

Professor Bernard Perlmutter, Director of the Children and Youth Law Clinic, Scott Rogers, Director of Miami Law’s Mindfulness in Law Program, and Professor Rebecca Sharpless Director of our Immigration Clinic, presented “Mindfulness and the Law School Clinic” at the 2014 AALS Conference on Clinical Legal Education in Chicago. Since 2010, Miami Law’s Mindfulness Program has integrated mindfulness into the law school’s clinics and wider curriculum. Miami Law clinicians are using mindfulness as a tool for the cultivation of focus, reflection, and empathy. The panel introduced participants to mindfulness and provided them with class materials that integrate mindful reflection and practice into clinics.

Professor Markus Wagner Publishes Paper on WTO Law and the Right to Regulate

Markus Wagner

Professor Markus Wagner published a paper in the American Society of International Law’s Insights on a World Trade Organization(WTO) case between the European Union, Japan and the United States against the China concerning export limitations imposed by the Chinese government. Titled “WTO Law and the Right to Regulate: China – Rare Earths,” the paper tracks the logic of the WTO panel decision which found that the Chinese measures were illegal under WTO law. The decision raises important issues of international governance under the umbrella of WTO law, especially as it pertains to those countries that recently joined the WTO. Professor Wagner teaches and writes in the areas of international law, constitutional law and comparative law. His recent scholarship has focused on the intersection of trade and investment law and the development of autonomous weaponry and its compatibility with international humanitarian law.

Professor Rebecca Sharpless Elected to the Board of the American Immigration Lawyers Association

Rebecca Sharpless

Professor Rebecca Sharpless, Director of Miami Law’s Immigration Clinic, was recently elected to the Board of the American Immigration Lawyers Association, South Florida Chapter. AILA is the country's leading bar association of immigration lawyers. Professor Sharpless writes and speaks widely on immigration law.




Professor Jan Paulsson Participates in the Judicial Dialogue in the Middle East in Bahrain

Jan Paulsson

Professor Jan Paulsson recently participated in the Judicial Dialogue in the Middle East in Bahrain. The dialogue regarding the application of the 1958 New York Convention was hosted by The International Council for Commercial Arbitration (ICCA) in collaboration with the Bahrain Chamber of Dispute Resolution, and organized by Nassib Ziade and Marike Paulsson. Professor Jan Paulsson holds the Michael Klein Distinguished Scholar Chair at Miami Law. Professor Paulsson has participated as counsel or arbitrator in over 700 arbitrations in Europe, Asia, the United States and Africa. He has also acted before a great variety of international tribunals, including the International Court of Justice in The Hague.

Professor of Legal Writing Rachel Stabler Publishes and Presents on the Plain Writing Act of 2010

Rachel Stabler

Professor of Legal Writing and Lecturer in Law Rachel Stabler’s article, “What We’ve Got Here is Failure to Communicate: The Plain Writing Act of 2010” will be published in the summer issue of the Journal of Legislation. The article discusses how federal agencies are struggling to comply with the Act’s mandate in the years since the Act became law. Professor Stabler also presented her paper at the 14th Annual Rocky Mountain Legal Writing Conference in Las Vegas, Nevada. Professor Stabler teaches Legal Communication and Research Skills at Miami Law.


Lecturers in Law Scott Rogers and Jan Jacobowitz Presents on Psychology and Lawyering

Lecturers in Law Scott L. Rogers and Jan L. Jacobowitz recently presented “Mindful Ethics and the Psychology of Decision Making: Transformative Tools for Legal Professionals” at the Conference on Psychology and Lawyering: Coalescing the Field at the University of Las Vegas Boyd School of Law. 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 over one hundred PREP CLE ethics programs and has appeared nationally as a panelist and featured speaker on legal ethics. Rogers is Founder and Director of the Miami Law’s Mindfulness in Law Program, and the University’s Mindfulness Research and Practice Initiative. A nationally recognized leader in the field of mindfulness and the law, Scott began introducing mindfulness to lawyers, law students, law faculty and judges in 1998. Scott chairs the Dade-County Bar Association’s Mindfulness in Joint Law Task Force and serves on the Executive Board of the AALS Balance in Legal Education Section.


April

Professor Bernard Oxman Presents on Law of Maritime Boundaries and Peaceful Settlements

Bernard Oxman

Four distinguished guests from Turkmenistan were recently welcomed to the University of Miami School of Law for a presentation by Professor Bernard Oxman, who heads the Law School’s Ocean and Coastal Law Program. They were invited to the United States under the auspices of the Department of State’s International Visitor Leadership Program, which requested the presentation. The visitors, accompanied by interpreters, included the Department Head and the Leading Specialist on Turkmenistan’s Presidential Committee on Caspian Sea Issues, the Counselor of the Treaties and Law Department of the Ministry of Foreign Affairs, and the Counselor of the European Countries Department of the Ministry. Professor Oxman spoke on developments in the law of maritime boundaries and peaceful settlement of disputes in the years since his visit to Azerbaijan and Turkmenistan, both of which border the resource-rich Caspian Sea along with Iran to the south and Kazakhstan and Russia to the north.

Professor Markus Wagner Participates in Workshop on Legal Implications of Autonomous Weapon Systems

Markus Wagner

Professor Markus Wagner was invited to participate in a workshop on the Legal Implications of Autonomous Weapon Systems that was jointly organized by the U.S. Naval War College’s International Law Department and the U.S. Military Academy’s West Point Center for the Rule of Law. Professor Wagner and other experts in the field of autonomous weapon systems from the law, engineering and military personnel discussed the use of this technology under international humanitarian law. 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 Corbin Presents at Harvard Law School and Yale Law School

aroline Mala Corbin

At Harvard Law School, Professor Caroline Mala Corbin presented at the Religious Accommodation in the Age of Civil Rights Conference. Her panel, which included Douglas NeJaime, Reva Siegel, and Kenji Yoshino, focused on Sexual and Gender Equality. At Yale Law School, as part of their Debating Law and Religion Series, Professor Corbin debated the question “Can a Corporation Exercise Religion” with Kyle Duncan, lead counsel of the Hobby Lobby Stores lawsuit now before the Supreme Court. Professor Corbin teaches U.S. Constitutional Law I, U.S. Constitutional Law II, First Amendment, and Feminism and the First Amendment.

Professor Felix Mormann Presents Paper at University of Texas at Austin

Felix Mormann

Professor Felix Mormann presented current work on clean energy policy and finance at the University of Texas’ 2014 Austin Electricity Conference. The by-invitation-only conference brought together a carefully selected group of scholars, financiers, entrepreneurs, and policymakers to discuss current trends in electricity markets and regulation. Professor Mormann presented his forthcoming paper "Beyond Tax Credits – Smarter Tax Policy for a Cleaner, More Democratic Energy Future." 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 Teresa Verges Participates as Panelist in Dispute Resolution Conference

Teresa Verges

Lecturer in Law Teresa Verges participated as a panelist at the 16th Annual ABA Section of Dispute Resolution conference, which brings together dispute resolution leaders, practitioners, neutrals and educators to discuss the latest developments in the field of alternative dispute resolution. The section topic covered by Verges, Latest Developments in FINRA Securities Arbitration, included a discussion of FINRA's latest rules governing arbitrator selection, broker-dealer obligations to customers under the new suitability rule, latest developments on expungement and the law governing vacating arbitration awards. Verges directs Miami Law’s Investor Rights Clinic.

Professors Donna Coker and Mary Anne Franks Discuss Stand Your Ground Law on MSNBC

Professor Donna Coker and Professor Mary Anne Franks were quoted in an article on MSNBC.com about Florida’s Stand Your Ground Law and the Marissa Alexander case. Read the article here. Professor Coker’s scholarship focuses on criminal law, gender and inequality. She is a nationally recognized expert in domestic violence law and policy. She is a leading critic of the disproportionate focus on criminal justice responses that characterizes U.S. domestic violence policy. Her widely cited research illustrates the negative impact of this focus on battered women marginalized as a function of poverty, race, or immigration status. Professor Franks teaches family law, criminal law, and criminal procedure. She also serves as the Vice-President of the Cyber Civil Rights Initiative, a nonprofit organization that raises awareness about cyber harassment and advocates for legal and social reform.

Jan Jacobowitz Presents Paper on Legal Malpractice and Ethics

Jan Jacobowitz

Lecturer in Law Jan L. Jacobowitz presented a paper at the St. Mary's Law School's Thirteenth Annual Symposium on Legal Malpractice & Ethics. The paper, “Mindful Ethics: A Pedagogical and Practical Approach to Teaching Legal Ethics, Developing Professional Identity, and Encouraging Civility” was co-authored with Scott Rogers and will be published in the St. Mary's Journal on Legal Malpractice and Ethics. She 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.


Professor Markus Wagner Organizes Annual Conference for the Junior International Law Scholars Association

Markus Wagner

Professor Markus Wagner organized the annual conference of the Junior International Law Scholars Association (JILSA) together with his co-chair from Rutgers. Providing a network for untenured academics the field of international law, JILSA’s annual meeting is designed to discuss and critique the participants’ papers prior to publication. This year’s meeting took place at the University of California at Berkeley. Following the meeting, Professor Wagner stepped down as co-chair after serving for the designated two years. Next year’s meeting will be held at the University of Miami School of Law. 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.

March

Professor Caroline Mala Corbin Participates in American Constitution Society Panel

Caroline Mala Corbin

Professor Caroline Mala Corbin recently participated in an American Constitution Society briefing on the "contraception mandate" cases before the Supreme Court. The panel, which also included Walter Dellinger, Frederick Gedicks, and Kevin T. Baine, discussed the religious liberty claims brought by corporations and their owners against the requirement that health insurance cover contraception. In addition, Professor Corbin presented at the Seventh Annual Feminist Legal Theory Conference at the University of Baltimore, which focused on Applied Feminism and Health. Professor Corbin teaches U.S. Constitutional Law I, U.S. Constitutional Law II, First Amendment, and Feminism and the First Amendment. Professor Corbin's 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 Mary Anne Franks Testifies Before Illinois Judiciary Committee on Criminalizing Non-Consensual Pornography

Mary Annr Franks

Professor Mary Anne Franks recently testified before the Illinois Judiciary Committee on behalf of a bill she helped draft criminalizing non-consensual pornography. The legislation is one of over a dozen such bills she has helped draft over the last several months. Professor Franks has also recently written editorials in the Independent and the New York Daily News on the subject of non-consensual pornography. She was recently quoted in The New York Times and Al Jazeera on the Michael Dunn trial. Professor Franks recently became a contributor to the Huffington Post, and her latest piece is titled "Stand Your Ground's Woman Problem." Her latest law review article, "How to Feel Like a Woman, or Why Punishment is a Drag," has just been published by the UCLA Law Review. Professor Franks teaches family law, criminal law, and criminal procedure.


Professor Andres Sawicki Presents Work on Copyright Law at NYU

Andres Sawicki

Professor Andres Sawicki presented his work in progress, "Law and Informal Norms of Collaborative Creation," at the NYU Colloquium on Innovation Policy. The paper is a follow-up to his “Copyright in Teams” article (both which were co-authored with Anthony Casey). The presentation focused on how artists and inventors use reputation and trust to overcome problems of collaborative creativity. Professor Sawicki researches and teaches in the area of intellectual property. He has published articles in the Florida State University Law Review and the University of Chicago Law Review. Professor Sawicki's research explores the impact of intellectual property law on creativity in the arts and sciences.

Professor Susan Haack to Give a Series of Lectures in Medellin, Colombia

Susan Haack

Professor Susan Haack recently gave a talk on “Religion, Evolution, and the U.S. Constitution” at the South East Alabama Federation of Atheists. She will also give a series of lectures in the Faculty of Law at the University of Medellin, Colombia including “Introduction to U.S. Evidence Law on Expert Testimony,” “Federal Philosophy of Science: Popper on Trial,” “Peer Review and Publication: Lessons for Lawyers,” “Proving Causation: The Weight of Combined Evidence,” and “Correlation and Causation: The ‘Bradford Hill Criteria’ in Epidemiological, Legal, and Epistemological Perspective.” Professor Haack holds a joint appointment in the Philosophy Department and the Law School. She is Distinguished Professor in the Humanities, Cooper Senior Scholar in Arts and Sciences. Her work ranges from philosophy of logic and language, epistemology, metaphysics, philosophy of science, Pragmatism—both philosophical and legal—and the law of evidence, especially scientific evidence, to social philosophy, feminism, and philosophy of literature.

Professor Osamudia James Presents her Paper on the Negative Impact of Diversity Rationale on White Identity

Osamudia James

Professor Osamudia James was invited to give a talk at the University of Florida Levin School of Law, based on her paper, "White Like Me: The Negative Impact of the Diversity Rationale on White Identity Formation," which will be published in the NYU Law Review. Professor James writes and teaches in the areas of Education Law, Race and the Law, Administrative Law, and Torts. She was recently named co-recipient of the 2014 Derrick A. Bell, Jr. Award.


Professor Leigh Osofsky Presents on Tax Law Enforcement and Tax Salience

Leigh Osofsky

Professor Leigh Osofsky made a presentation at the American Association of Law Schools Annual Meeting regarding tax salience. She also made a number of recent presentations regarding her current research paper, “Beyond ‘Worst-First’ Tax Law Enforcement.” The paper examines a variety of compliance literatures to suggest a new method for the allocation of scarce enforcement resources. Recent presentations of the paper were at the Indiana University Tax Policy Colloquium, the UCLA Tax Policy and Public Finance Workshop, and at the Pepperdine Tax Policy Workshop Series.

February

Professor Caroline Mala Corbin Publishes Two Papers and Participates in Harvard Law Review Symposium

Caroline Mala Corbin

Professor Caroline Mala Corbin was an invited commentator at the Harvard Law Review Symposium “Freedom of the Press” at Harvard Law School, Cambridge, Massachusetts. She also has two new papers. Her Issue Brief for the American Constitution Society, Corporate Religious Liberty: Why Corporations Are Not Entitled Religious Exemptions, was recently published. A draft of her essay, “Abortion Distortions,” written for the Washington and Lee Law Review Symposium “Roe at 40: The Controversy Continues,” is available on SSRN.

Professor A. Michael Froomkin Presents Paper on Regulating Mass Surveillance at American University

Michael Froomkin

Professor A. Michael Froomkin presented his paper “Regulating Mass Surveillance as Privacy Pollution: Learning from Environmental Impact Statements” at a faculty workshop at the American University Washington College of Law. Professor Froomkin, the Laurie Silvers and Mitchell Rubenstein Distinguished Professor of Law, currently teaches International Law, Civil Procedure I and seminars in Intellectual Property in the Digital Era, Internet Governance, Law & Games and Electronic Commerce. He has also taught Internet Law, Jurisprudence, Administrative Law and Tort, Constitutional Law, and Trademark.

Professor Andres Sawicki Gives Talk on Creativity and Risk at Works-In-Progress IP Conference

Andres Sawicki

Professor Andres Sawicki recently gave a talk on a project examining how artists and innovators respond to risk at the Works-In-Progress Intellectual Property 2014 conference hosted by Santa Clara University Law School. Research on creativity indicates that people with high creative ability are more comfortable with risk than the general population. The uncertain reward structure of IP law is therefore well-suited to motivating the highly-creative people that arts and innovation policy cares about. Professor Sawicki researches and teaches in the area of intellectual property. He has published articles in the Florida State University Law Review and the University of Chicago Law Review. Professor Sawicki's research explores the impact of intellectual property law on creativity in the arts and sciences.

Professor Felix Mormann Presents Paper on Clean Energy Finance at Stanford

Felix Mormann

Professor Felix Mormann presented current work on clean energy finance and policy at Stanford University’s campus-wide energy seminar series. The seminar brings together faculty and students across a range of disciplines as well as local entrepreneurs, policymakers, and investors. Following an invitation from Stanford’s Precourt Institute for Energy, Professor Mormann presented his forthcoming paper “Beyond Tax Credits – Smarter Tax Policy for a Cleaner, More Democratic Energy Future.” Professor Mormann’s scholarship explores the 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 Markus Wagner Gives Legal Keynote for NATO-Sponsored Conference

Markus Wagner

Professor Markus Wagner was invited as the legal keynote speaker for a NATO-sponsored conference on the use of autonomous weapon systems that took place in Virginia Beach, VA. The seminar was part of a series of meetings in which participating countries and institutions work towards formulating policy guidance for the development and use of systems with autonomous capabilities. Professor Wagner has developed expertise in this field over the course of the last several years and has written and continues to write on the legal, ethical and political aspects of autonomous weapon systems. 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.

Lecturer in Law Jan Jacobowitz Speaks on Ethical Challenges

Jan Jacobowitz

Lecturer in Law Jan L. Jacobowitz spoke on ethics to the Public Interest Law Section at the recent Florida Bar Mid-Year meeting in Orlando. She facilitated an interactive presentation customized to focus upon the ethical challenges that confront legal aid and legal services attorneys. Jacobowitz is the Director of the Professional Responsibility & Ethics Program (PREP) at Miami Law. Under Jacobowitz’s direction, PREP was a 2012 recipient of the ABA’s E. Smythe Gambrell Award---the leading national award for a professionalism program. Jacobowitz 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, Cultural Awareness in the Practice of Law, and Mindful Ethics.

January

Professor Michele DeStefano Speaks at the Florida Bar Vision Commission

Michele DeStefano

Professor Michele DeStefano was the keynote speaker at the Florida Bar's Vision 2016 Commission. The Commission looks at the current impact, and long-term challenges, that the legal profession will face. Professor DeStefano is the founder and co-creator of LawWithoutWalls, which aims at developing innovations in the education of future lawyers and the practice of law. She teaches civil procedure, professional responsibility, a course on law, technology, and innovation, and a virtual class called Compliance E-lliance. Her scholarship focuses on the growing intersections between law and business and legal entrepreneurship.

Director and Associate Director of the Academic Achievement Program Present at the Association of American Law Schools

Joanne Harvest Koren, Lecturer-in–Law and Director of Miami Law's Academic Achievement Program and Alex Schimel, Lecturer-in-Law and Associate Director, recently gave a talk on "Early Intervention for At-Risk Students" at the Association of American Law Schools Annual Meeting in New York. Sponsored by the AALS Section on Academic Support, the 150 attendees were asked to challenge their assumptions about their law students and to think carefully about the meaning of the terms "at-risk," "early" and "intervention." What do we mean by "intervention?" How early is "too early?" And who, exactly are our "at risk students." Koren and Schimel addressed the definitional issues surrounding academic intervention and the session went on to explore the issue of whether law schools have an obligation to ensure that students are given the opportunity to succeed once they are admitted.

Professor Andres Sawicki Publishes Article on Copyright Law

Andres Sawicki

Professor Andres Sawicki's article "Copyright in Teams," co-authored with Anthony Casey, was published in The University of Chicago Law Review. The co-authors used team production theories to understand collaborative creativity and then explained how copyright law facilitates and impedes these collaborations. Professor Sawicki researches and teaches in the area of intellectual property. His prior publication, Better Mistakes in Patent Law, provided a relative assessment of the costs of the patent system's mistakes. His current research explores the impact of intellectual property on creative collaborative endeavors.

Scott Rogers Publishes Research Article on Short-Form Mindfulness Training and Mind Wandering

Scott Rogers

Lecturer in Law Scott Rogers and colleagues at the University of Miami cognitive neuroscience lab of Amishi Jha published "Taming a Wandering Attention: Short-Form Mindfulness Training in Student Cohorts" in the journal Frontiers in Human Neuroscience. Rogers, a nationally recognized leader in the area of mindfulness in law, is founder and director of Miami Law's Mindfulness in Law Program, co-director of the University's Mindfulness Research and Practice Initiative, and author of "Mindfulness for Law Students," "The Six-Minute Solution: A Mindfulness Primer for Lawyers," "Mindful Parenting," and co-author of "Mindfulness and Professional Responsibility: A Guidebook for Integrating Mindfulness into the Law School Curriculum."

Professor Stephen Urice Participates in Miami's Art Basel

Stephen Urice

Professor Stephen Urice participated in a discussion during Art Basel in Miami. The discussion, “Bankrupt Cities, Endangered Museums: Learning from the Case of the Detroit Institute of Arts,” also featured Miami Law alumnus, Dennis Scholl, JD ’81, Vice President of the Arts for the Knight Foundation. Professor Urice teaches Elements of the Law, Trusts & Estates, Art Law, Museum Law, and Cultural Property Law. He lectures nationally and internationally on cultural heritage law and policy and has served on the faculty and planning committee of the American Law Institute's course of study Legal Issues in Museum Administration for many years. He is co-author of the standard art law casebook, Merryman, Elsen, and Urice, Law, Ethics and the Visual Arts (5th. Edition, 2007).