Faculty Forum

STETSON LAWYER

FACULTY FORUM

October 2020 - January 2021

ANDREW APPLEBY,

Assistant Professor of Law, coauthored two articles published in TAX NOTES; State Tax Credit Issues Raised by SALT Cap Workaround Legislation (2021) and State Estate Taxes and the Due Process Clause (2020). Prof. Appleby’s article Designing the Tax Supermajority Requirement was accepted for inclusion in 71 Syracuse Law Review (forthcoming 2021), and he presented Subnational Digital Services Taxes at the Junior Tax Scholars conference. In addition, Prof. Appleby hosted the Stetson Tax Law Society’s inaugural Stetson Tax Innovators Exchange (STIX) event, which brought several of the nation’s top tax law minds together (virtually). Through the Tax Law Society, he was instrumental in moving the Florida Bar Tax Section’s National Tax Moot Court Competition from the University of Florida to Stetson starting in 2021. Prof. Appleby also became a coauthor of the leading treatise on state and local taxation, Hellerstein & Hellerstein, STATE TAXATION (3d. ed., 2021 rev.).

ROY BALLESTE,

Assistant Professor of Law, was an invited speaker for the Annual Strategic Space Law Course at McGill University Institute of Air and Space Law in November 2020. Designed for military lawyers, public policy practitioners/scholars, commercial lawyers, and other relevant stakeholders, the course considered space objects as key elements in global security, while increasingly vulnerable to harmful radio interference, space debris, and counter-space weapons. This is the world’s first course focusing on various legal and policy considerations surrounding the strategic uses of outer space. Prof. Balleste’s contribution addressed the cutting-edge subject of Cybersecurity Policy and Standards for Space Operations.

MARK D. BAUER,

Professor of Law, virtually attended the 2021 annual meeting of the Association of American Law Schools (AALS), where he spoke at a colloquium on privacy law sponsored by the Business and Commercial Law Section of the AALS. Prof. Bauer was also reelected to the Section’s executive board.

ELIZABETH I. BOALS,

Assistant Professor of Law, was appointed as the inaugural Vice President of Trial Advocacy Programs for the National Association of Legal Advocacy Educators (NALAE) in October 2020. Prof. Boals hosted 20 trial advocacy teams for the National Pretrial Competition held entirely online. She served on the “Awakening the Advocate Within” panel in December 2020 and prerecorded materials for inclusion in programming on challenges in part-time legal education presented at the 2021 Association of American Law Schools (AALS) annual meeting. Prof. Boals presented on feedback strategies at the Campus to Career Conference and served as an instructor on cross-examination strategies at the For Women By Women Advocacy Skills Workshop. Professor Boals continues her work on the third edition of her casefiles State v. Peyton and Addison v. Peyton, published by the National Institute for Trial Advocacy (NITA) and scheduled for release in June 2021.

BROOKE J. BOWMAN, J.D. ’02,

Professor of Law was invited to join the National Education Committee of the American Inns of Court. Prof. Bowman serves as co-chair of the ALWD Guide to Legal Citation Task Force, which involves reviewing drafts and developing marketing plans. The seventh edition of the ALWD citation manual for teaching and learning legal citations is scheduled for a May 2021 release. Prof. Bowman co-hosted Region V of the 71st Annual NYC Bar Association National Moot Court Competition in November. She also co-coached five moot court teams in the fall, and the Stetson team won the third-best brief award and were quarterfinalists at the 20th Annual Leroy R. Hassell, Sr. National Constitutional Law Moot Court Competition. Stetson won the Best Brief Award and were semifinalists at the Appellate Lawyers Association’s 2020 National Moot Court Competition. All fall 2020 Moot Court competitions were conducted virtually.

PAUL BOUDREAUX,

Professor of Law, served as editor-in-chief of the Journal of International Wildlife Law and Policy, completing issues 23-3 and 23-4. He also served as assistant editor of ABA’s Journal of Affordable Housing and Community Development Law. Prof. Boudreaux was elected chair-elect of the Association of American Law Schools’ (AALS) section on Environmental Law. He completed the edits of his article, Rethinking Segregation, to be published in early 2021 by the Michigan State Law Review.

JAMES FOX,

Professor of Law, recently published Black Progressivism and the Progressive Court in the Yale Law Journal Forum. Prof. Fox’s essay was solicited by the journal editors as part of a symposium titled “The Progressive Era, 100 Years Later.”

ROYAL C. GARDNER,

Professor of Law, presented on the Clean Water Act at a University of Georgia River Basin Center symposium, a Florida Conservation Voters Facebook Live event, and an Association of State Wetland Managers webcast. He wrote about the role of biodiversity-related scientific advisory bodies in the context of zoonotic diseases for an upcoming book to be published by Springer and remotely presented on that topic at the University of Soongsil’s 10th Godang International Conference on Law (Republic of Korea). Prof. Gardner presented on the same topic at a virtual seminar organized by the University of Barcelona Faculty of Law (Spain). He also was a remote panelist at the University of the Philippines’ 2nd Southeast

Asia Biodiversity and Climate Change Policy Forum, which was held in conjunction with the Southeast Asia Regional Rounds of the Stetson International Environmental Moot Court Competition. Prof. Gardner and Erin Okuno, J.D. ’13 Visiting Professor of Law and Assistant Director of the Institute for Biodiversity Law and Policy, filed an amicus brief in the U.S. District Court for the District of Massachusetts on behalf of nine scientific societies in opposition to the Trump administration’s efforts to limit waters protected by the Clean Water Act. In December, Professor Gardner received a Society of Wetland Scientists 40th Anniversary Award.

LANCE N. LONG,

Professor of Law, authored the chapter Climate Change Civil Disobedience and the Necessity Defense in “Earth Law Emerging Ecocentric Law—A Guide for Practitioners” (Anthony R. Zelle, Grant Wilson, Rachelle Adam, Herman F. Greene eds., 2021) (Wolters Kluwer) (Forthcoming).

REBECCA C. MORGAN, J.D. ’80,

Boston Asset Management Chair in Elder Law, Director M.J. Health Compliance, and Professor of Law, continued to update her authored and co-authored publications (six in the past year) and regularly contributed posts to the elderlawprof blog. Prof. Morgan taught Trusts and Estates and Intro to Aging & the Law synchronously, in addition to teaching the LL.M. Aging and the Law course asynchronously, during the fall. She wrote There’s no such thing as bullet proof, just bullet resistant: Measures for Minimizing the Potential for Guardian/Agent Financial Exploitation, Voices of Experience 1 (2020) (with co-authors Randy Thomas and Slade Dukes, J.D. ’04). She also authored Rick Courtney, CELA, CAP, Fellow NAELA’s Renaissance Man: Family Man, Friend, Attorney, and Leader, NAELA News (online) (2020). Prof. Morgan spoke on the intersection of elder law and family law for DePaul’s Schiller DuCanto & Fleck Family Law Center Virtual Symposium: The Current State of Elder Law, in October 2020. In December, she participated in a podcast for the American Society on Aging, and in January, she presented the annual case law update for the Missouri Chapter of the NAELA. She serves as Board Treasurer for the Center for Medicare Advocacy, is on the board of the American Society on Aging, and serves as a trustee for the NAELA Foundation. She also reviewed grant applications for the Borchard Foundation Center for Law & Aging. Additionally, Prof. Morgan continued to participate in a card-writing project for J.D. students to send “thinking of you” cards to residents of nursing homes and senior centers. She also continued to sew masks for the Sunshine Senior Center in St. Pete. Prof. Morgan was recently asked to write an article on Post-Appointment Legal Issues in Guardianship for the 4th National Guardianship Summit in May of 2021 and asked to update a portfolio in the Bloomberg publication Planning for Disability.

ANNE E. MULLINS,

Professor of Law, rewrote an opinion for Desert Palace v. Costa, 539 U.S. 90 (2003), and it was included in a collection published by Cambridge University Press. Prof. Mullins’ essay The Power Skill of Teamwork was published in the inaugural volume of PROCEEDINGS, a new online legal writing journal. Prof. Mullins is a member of the Research Methods in Legal Communication group consisting of national and international legal writing scholars. The group studies quantitative and qualitative research methodology from communications disciplines and their application to legal communication. Prof. Mullins is the Immediate Past President of the Association of Legal Writing Directors (ALWD) and is a leader in the effort to release the next edition of the ALWD Guide. She also serves on the Legal Writing Institute’s Discipline Building Working Group, which strategizes ways to develop legal writing as a scholarly discipline. Additionally, Prof. Mullins serves on the Association of American Law Schools (AALS) section on Legal Writing, Reasoning, and Research Nominations Committee.

LUZ ESTELLA NAGLE,

Professor of Law, continued her service on the American Bar Association Latin America and Caribbean Law Initiative (LACLI) Council, as a Trustee of the International Bar Association Human Rights Institute Trust, as the IBA Latin American Regional Forum Liaison Officer of the Access to Justice and Legal Aid, and as a participant in the IBA Section on Public and Professional Interest Council planning session. Prof. Nagle also served as an adviser to COPLA (Latin American and Caribbean Criminal Court against Transnational Organized Crime) on the formation of a Transnational Criminal Court for Latin America and the Caribbean, and as an El Centro Fellow of the Small Wars Foundation. She organized and moderated a panel on Sexual Assault against Female Athletes for the International Bar Association’s (IBA) Annual Conference and participated on a webinar panel that addressed Bullying and Sexual Harassment in the Legal Profession for the IBA. Prof. Nagle also taught a continuing education program on identifying and assisting human trafficking victims for the Alachua County Medical Association.

ERIN OKUNO, J.D. ’13

Visiting Professor of Law and Assistant Director of the Institute for Biodiversity Law and Policy, helped organize and virtually host the North American Regional Rounds of the 25th Annual Stetson International Environmental Moot Court Competition (IEMCC). She also gave a presentation on coral reefs as part of the 2nd Southeast Asia Biodiversity and Climate Change Policy Forum, hosted by the University of the Philippines, and was a finalround judge for the Southeast Asia Regional Rounds of the Stetson IEMCC. She and Royal C. Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy, were two of the co-authors of Towards a Universal Declaration of the Rights of Wetlands, which was published online in marine and freshwater fish. They also filed an amicus curia brief on behalf of scientific societies in the U.S. District Court for the District of Massachusetts in litigation regarding which waters should be protected by the Clean Water Act. Prof. Okuno also remotely attended the 17th Scientific Committee Meeting of the Inter-American Convention for the Protection and Conservation of Sea Turtles.

ELLEN S. PODGOR,

Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law published Carpenter v. United States: Did Being Gay Matter? 15 Tennessee Journal of Law and Public Policy (2020). The article was listed as a top 10 new article in SSRN’s White Collar Crime E-Journal. In addition to this publication, Prof. Podgor spoke at the Kharkiv International Legal Forum - Baltic-Ukrainian Centre, on the topic of Bribery and Corruption: Shortcut Offenses. At Vermont Law School’s Virtual Program on Developing Your Scholarly Agenda, she presented on the topic of Ten Tips for Planning Your Scholarly Agenda. Also, as part of the Speaker Series at American University, Washington College of Law, she presented her forthcoming article, The Dichotomy Between Overcriminalization and Underregulation. She continued to be listed in the top 10 percent of Authors on SSRN by total new downloads and on all-time downloads. In December, Prof. Podgor completed her service as a member of the AALS Membership Review Committee. She continues her service as a member of the Board of Directors of the Innocence Project of Florida and the International Society for the Reform of Criminal Law.

CIARA TORRES-SPELLISCY,

Professor of Law, continued to be sought out for commentary and presentations regarding her expertise in the election law field. She commented and/ or was referenced by national and international press and media outlets approximately 50 times and presented on numerous panels. Her presentations included a panel discussion titled “NYS Election Reform 2021: The Three Most Important Things” at the NYC Bar Association’s Election Law, Government Ethics and State Affairs, and NYC Affairs Committees; a panel comparing the distinctions between Bush v. Gore 2000 and the 2020 post-presidentialelection litigation by Donald Trump, for the American Constitution Society (ACS) Pepperdine Law Chapter; a panel called “Blueprint for Democracy: How We Can Stop Being Ripped Off ” exploring the dangers of dark money, hosted by Common Cause Ohio; a panel with University of Chicago Professor Geoffrey R. Stone addressing the First Amendment, the 2020 election, and her book Political Brands in New America’s online symposium “Free Speech Project: Do We Need a First Amendment 2.0?”. Additionally, Prof. TorresSpelliscy was featured in the recently released documentary film “Fish in a Barrel,” which discussed the 2016 election, as well as appeared on Netflix’s Explained. Prof. TorresSpelliscy also spoke on a panel addressing campaign finance, the 2020 elections, and her book “Political Brands” at the 2020 Election Speakers Series, which was sponsored by the University of Dayton School of Law and the University of Dayton Human Rights Center. Additionally, she participated in a memorial for the late Justice Ruth Bader Ginsburg organized by U.S. Congressman Charlie Crist where she highlighted Justice Ginsburg’s impact on constitutional law and election. Prof. Torres-Spelliscy’s recently authored articles include Why is Florida screaming about the pay-to-vote system it created? The Hill, Oct. 1, 2020, and Giuliani Whiffed On A Legal Question Every Law Student Knows The Answer To. But The Underlying Issue Is More Complex Than It Seems, Talking Points Memo, Nov. 18, 2020, as well as numerous blog contributions.

STEPHANIE A. VAUGHAN, J.D. ’91,

Professor of Law, has been appointed as Stetson’s Interim Trial Team Director. As Interim Director, Prof. Vaughan will administrate the spring trial competition teams, including making competition selections, assigning students to teams, working individually with students, recruiting coaches, solving technology challenges for practicing and competing online, and collaborating with the director of the Center for Excellence in Advocacy. Prof. Vaughan also will again co-coach the Virtual Willem C. Vis International Arbitration Moot Team, which will compete online in both a Miami pre-moot and the final moot (administered in Vienna, Austria). Additionally, Prof. Vaughan was a panelist for Stetson Law’s 2021 Campus to Career Conference on a session called, We have a plan for that! How your calendaring/ journaling/inbox habits can help you reach your goals.

LOUIS J. VIRELLI III,

Professor of Law, made numerous press appearances discussing legal issues related to the presidential election and the confirmation of Justice Amy Coney Barrett. These appearances included multiple invited spots as a guest commentator on Court TV during the Barrett confirmation hearings and an op-ed in the Tampa Bay Times, co-authored with former Senator Russ Feingold, titled New Justice Should Recuse Herself. He authored an article titled An Ethical Gap in Agency Adjudication, which was based on his prior work with the Administrative Conference of the United States and is forthcoming in the Buffalo Law Review. In October, he made presentations to the Goldberg-Cacciatore Criminal Inn of Court and the Osher Lifelong Learning Institute at Eckerd College on the recent and upcoming Supreme Court terms. Prof. Virelli served as a commentator in the New Voices in Administrative Law program at the Association of American Law Schools (AALS) 2021 annual meeting. He continues to serve as co-author of the Supreme Court Update column for the American Bar Association (ABA) Section on Administrative Law and Regulatory Practice’s quarterly publication, the Administrative and Regulatory Law News (ARLN), and as vice chair of the Section’s constitutional law committee.

DARRYL C. WILSON,

Associate Dean for Faculty and Strategic Initiatives, Attorneys Title Insurance Fund Professor of Law, and Co-Director, Institute for Caribbean Law & Policy, virtually attended the Association of American Law Schools (AALS) 2021 annual meeting where he participated in the program “Reopening International Programs.” Prof. Wilson also presided over virtual lien release hearings for the City of St. Petersburg, Fla., Code Compliance division. He continues as a contributor and co-editor for columns in the American Bar Association (ABA) Real Property and Probate bimonthly magazine. Prof. Wilson also accepted a recent invitation to speak (virtually) at the annual World Intellectual Property Forum conference this spring.