Faculty Forum

FACULTY FORUMStetson Lawyer FACULTY FORUM FACULTY HIGHLIGHTS

OCTOBER 2021–JANUARY 2022

ANDREW APPLEBY, Associate

Professor of Law, presented his paper, Now You Can’t Leave: State and Local Exit Taxes, at the National Tax Association (NTA) Annual Conference, where he was also a discussant on the Optimal Tax and Transfer Design panel. Professor Appleby co-authored Does the U.S. Supreme Court’s Decision in Wayfair Apply Retroactively? 102 TAX NOTES STATE 715. Professor Appleby was also quoted several times in TAX NOTES, BLOOMBERG LAW, and LAW360 discussing important tax issues, and he was featured multiple times on the TaxProf Blog. He also coached Stetson Law’s team in the ABA Tax Challenge Competition.

ROY BALLESTE, Assistant

Professor of Law, presented on cybersecurity policy and standards at the Annual Strategic Space Law Course sponsored by the Center for Research in Air and Space Law at McGill University. The course was designed for military lawyers, public policy practitioners/scholars, commercial lawyers, and relevant stakeholders. Professor Balleste co-authored Cybersecurity Policy and Standards for Offworld Operations, 42 NATO LEGAL GAZETTE 129 (December 2021). Professor Balleste continued his editorial work on the MILAMOS Project, now in its final stages. The project will offer the first Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS). It is expected to be published in December of 2022. Professor Balleste’s latest article, The Law of Space Cyber Operations: Gripping Mysteries, Entangled Frontiers, and Security Challenges, will be published in volume 13 of the CASE WESTERN RESERVE’S JOURNAL OF LAW, TECHNOLOGY AND THE INTERNET.

ELIZABETH BERENGUER,

Associate Professor of Law, and Lance N. Long, Professor of Law and Coordinator of Legal Research and Writing, co-chaired a conference on Looking Forward: Strategies for Assessment that Ensure Equity, Measure Learning, and Prepare Students for the Demands of Practice and participated on the Responsive Panel following the Keynote Address. This event was part of the One-Day Workshop Series sponsored by the Legal Writing Institute. The Keynote and Responsive Panel were sponsored by Stetson University College of Law. Professor Berenguer also spoke on a panel at the Association of American Law Schools (AALS) annual meeting addressing Contemporary Scholarly Methods. The panel was co-sponsored by the LWRR, who also elected Professor Berenguer to its Executive Committee. Professor Berenguer was previously a member of their Awards Committee. Professor Berenguer served as the co-chair of LWI LIVES, a publication of the Legal Writing Institute and is responsible for the August 2021 and February 2022 editions. She also serves as the Chair of Operations for the JOURNAL OF LAW AND POLITICAL ECONOMY. Professor Berenguer recently received a contract to publish a book titled CRITICAL RHETORIC, LAW AND POWER to be co-authored with Lucille Jewel and Teri McMurtry-Chubb. Further, Professor Berenguer was nominated to the Governing Board of Sirico Scholars in Fall 2021. Professor Berenguer also argued before the Georgia Supreme Court in January 2022 in the case of McInerney v. McInerney.

ELIZABETH I. BOALS, Assistant

Professor of Law, hosted the 14th Annual National Pretrial Competition (NPTC) in early October 2021. Professor Boals hosted 20 schools and coordinated 135 mock judges for the six rounds of the competition. After NPTC, Professor Boals was interviewed for the podcast Unscripted Direct hosted by UCLA regarding the unique format of NPTC and the results of the competition. Professor Boals also served on the planning committee for the Second Annual All-Star Bracket Mock Trial Competition and hosted the East Regional Rounds of that competition in late October 2021. The Regional Rounds included 16 schools and required 120 mock judges to evaluate four rounds of the competition. Professor Boals created and hosted an online Advocacy Writing Workshop in December 2021 in conjunction with offering the second annual Stetson Law Advocacy Writing Competition. This writing workshop was developed as part of Professor Boals’ service as the Chair of the Professional Development Committee of the National Association of Legal Advocacy Educators (NALAE). Professor Boals completed her work on two case files, State v. Peyton and Addison v. Peyton, and the accompanying Teacher’s Guides in December 2021. The case files and Teacher’s Guides will be published by Aspen and the National Institute of Trial Advocacy (NITA) in Spring 2022. Professor Boals also finished her first draft of the eighth edition of CASES AND PROBLEMS IN CRIMINAL LAW with co-authors Myron Moskovitz and J. Amy Dillard. The casebook will be published by Carolina Academic Press in Fall 2022.

PAUL BOUDREAUX, Professor

of Law, completed six years as editor of the JOURNAL OF INTERNATIONAL WILDLIFE LAW AND POLICY but remains an associate editor, overseeing work of Stetson Law students in preparing articles for publication. He also served as associate editor of the American Bar Association’s JOURNAL OF AFFORDABLE HOUSING AND COMMUNITY

DEVELOPMENT. He was elected as the chair of the American Association of Law Schools (AALS) Section on Environmental Law for 2022-23. Professor Boudreaux is nearing completion of his online opensource book on land use law.

BROOKE J. BOWMAN, J.D. ’02,

Professor of Law; Director of Finances, Advocacy Boards; Director, Moot Court Board: Professor Bowman oversaw an incredibly successful fall moot court season, with all six teams advancing into the elimination rounds. Stetson Law won two national championships – the 21st Annual Leroy R. Hassell, Sr. National Constitutional Law Moot Court Competition (and Stetson Law received an honorable mention brief award and an honorable mention advocate award) and the National Veterans Law Moot Court Competition (the team also received the second-best petitioner brief award). In two other competitions, the Stetson Law teams were finalists – the 12th Annual Billings, Exum & Frye National Moot Court Competition (Stetson also received the third-place petitioner brief award) and the Appellate Lawyers Association’s 2021 National Moot Court Competition. Professor Bowman co-coached five of the six competing teams during the semester. Professor Bowman also co-hosted an ABA Law Student Division Arbitrational regional along with Kristen David Adams, Wm. Reece Smith Jr. Distinguished Professor of Law and Director of the Dispute Resolution Board. Professor Bowman and Professor Adams presented at both the Board of Overseers and Board of Trustees meetings on Stetson’s recent ABA Competition Award win. Further, Professor Bowman hosted Region V of the NYC Bar Association National Moot Court Competition. She also hosted the Phelps Dunbar First-Year Appellate Advocacy Competition, at which numerous students from each section of R&W participated.

KIRSTEN K. DAVIS, Professor of

Law; Director of the Institute for the Advancement of Legal Communication, and Director of Online Legal Education Strategies, has been appointed to serve as the inaugural Judy Genshaft Honors College Visiting Professor of Law at the University of South Florida St. Petersburg. In that capacity, she is teaching a Spring Honors Seminar at USF titled “Tweet, Text, Take to the Streets: Dissent and the First Amendment.” Dr. Davis recently published a “Provisional Definition of ‘Legal Writing Scholarship’” in Volume 2(1) of THE UNIVERSITY OF OREGON LAW SCHOOL’S PROCEEDINGS: ONLINE JOURNAL OF LEGAL WRITING CONFERENCE PRESENTATIONS. At the Association of American Law Schools' (AALS) Annual Meeting, Dr. Davis presented to a national audience of law faculty on the topic “Using Rhetorical Methods to Study the Law and Legal Communication.” Dr. Davis continues to contribute to the Law Professor Network’s Appellate Advocacy Blog through her regular column, “The Rhaw Bar,” which explores topics related to rhetoric and law. Find her most recent post, “[Sic] It, Fix It, or Ignore It? The Rhetorical Implications of Spotlighting Another Writer’s Error,” at lawprofessors.typepad.com Dr. Davis continues to rank in the top 10% of all authors on the Social Science Research Network as measured by all-time downloads.

ROBERTA K. FLOWERS,

Professor of Law and Director, Center for Excellence in Elder Law recently gave the following presentations: Avoiding Ethical Snowstorms when Representing Clients who are Acting as Fiduciaries, to the Evansville Elder Law Association, Evansville, Indiana, November 2021; NEALA’s Past, Present and Future, to the Florida Academy of Elder Law Attorneys UnProgram, Orlando, Florida, December 2021; and also to the Massachusetts Academy of Elder Law Attorneys. Professor Flowers additionally presented Avoiding Ethical Snowstorms when Representing Clients with Diminished Capacity to the NJ Elder Bar Association via Zoom in December 2021.

JAMES W. FOX, JR., Professor

of Law, recently published the following articles: Fellow Citizens, 12 CONLAWNOW 171 (2021) (part of the symposium “Black Citizenship from Reconstruction to Black Lives Matter”), The Constitution of Black Abolitionism: Reframing the Second Founding, 23 U. PA. J. CONST. L. 267 (2021), and Black Progressivism and the Progressive Court, 130 YALE L. J. FORUM 398–420 (2021).

ROYAL C. GARDNER, Professor

of Law and Director of the Institute for Biodiversity Law and Policy, presented on the key takeaways for decisionmakers from the Global Wetland Outlook at an October climate change webinar organized by the members of the Greens/EFA in the European Parliament. In January, he served as a final round judge for the virtual Southeast Asian Rounds of the 26th Annual Stetson International Environmental Moot Court Competition, hosted by the University of the Philippines. Professor Gardner and Lance N. Long, Professor of Law and Coordinator of Legal Research and Writing, spoke at a Facebook Live event for Our Children’s Trust, where a rule-making petition on renewable energy goals was submitted to the Florida Department of Agriculture and Consumer Services. Professor Gardner will continue to serve on the Policy and Science Committee of Friends of the Everglades in 2022.

ALICIA JACKSON, Assistant

Professor of Law and Director for Academic Success and Bar Preparation Services, was reappointed as a board member of the Association of American Law Schools (AALS) Section on Academic Support. The Section promotes the communication of ideas, interests, and activities among members and makes recommendations on matters of interest in the teaching and improvement of academic support. Professor Jackson also co-authored Scholarship Fitness: Balance, Accountability & Opportunity in the Fall 2021 edition of LEARNING CURVE, a publication of the AALS. Professor Jackson was invited to submit the piece based on her presentation at the Association of Academic Support Educators’ (AASE) National Conference. Professor Jackson’s law review article The Pink Ghetto Pipeline: Challenges and Opportunities for Women

in Legal Education was cited in an article published in the ABA JOURNAL.

LANCE N. LONG, Professor

of Law and Coordinator of Legal Research and Writing, along with Royal C. Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy, was a panelist at a virtual media event held on January 5, 2022, for filing a petition for rule-making with the Florida Department of Agriculture and Consumer Services on behalf of the environmental advocacy organization Our Children’s Trust. The petition seeks to set rules to effectively transition from fossil fuels to renewable energy in the coming decades.

REBECCA C. MORGAN, J.D. ’80,

Professor of Law, Boston Asset Management Chair in Elder Law and Director, M.J. in Healthcare Compliance, completed three book updates and finished a co-authored law review article, Empowering the Wicked: How Some Agents Use a Power of Attorney to Commit the Crime of Financial Exploitation, which has been accepted for publication by the ILLINOIS ELDER LAW JOURNAL. Along with her co-author, Robert Fleming, she completed updates to the BNA PORTFOLIO, Planning for Disability. Professor Morgan also moderated two webinars for the ABA Senior Lawyers Division International Law Committee, presented a webinar to the National Judicial College on Elder Law, gave two presentations to the Elder Law Section of the Arkansas Bar Association, and two presentations to the Missouri Chapter of NAELA. LUZ ESTELLA NAGLE, Professor

of Law, released several publications during Fall 2021, including: Human Rights Violations Perpetrated by State Agents in Military Occupations: Analysis of the Incursion of International Human Rights Law to the Normative Territory of the Armed Conflicts, co-authored with Sidney Cesar Silva Guerra and Ádria Saviano Fabricio da Silva, 19 REV. OPINIÃO JURÍDICA No. 32 (2021), and three book chapters on criminal compliance in Australia, Canada, and the United States, co-authored with Renato Machado de Souza, published in Nicolás Rodríguez-García et al. (Eds.), TRATADO ANGLOIBEROAMERICANO SOBRE COMPLIANCE PENAL (Valencia: tirant lo blanch, Spain 2021). She presented a lecture online, Human Trafficking: It’s Not Just about Children and Young Women, It Includes Senior Citizens, to the ABA Senior Lawyers Division in December. Professor Nagle served on the ABA Latin America and Caribbean Law Initiative Council, on the ABA Rule of Law Initiative committee, as a Trustee for the International Bar Association (IBA) Human Rights Institute Trust, and as Latin American Regional Forum Liaison Officer of the IBA’s Access to Justice and Legal Aid initiative. She is currently working with TransNexus Financial Strategies and the IBA Human Rights Institute Trust to assist in the evacuation of women judges and their staff from Afghanistan. Professor Nagle provided legal counsel pro bono to the Junta Acción Comunal San José, Guarne, Colombia in its efforts to control development and environmental destruction by commercial property owners. She drafted correspondence pro bono for the NGO Cacao for Change, addressed to the Prime Minister of Norway urging his government to divest the government’s pension fund from its investments in 8800 multinational corporations that are engaged in using child labor and forced child labor. In December, Professor Nagle served on the select Fulbright Scholarship application committee for Fulbright Spain, reviewing several dozen applicant proposals and qualifications for final selection for Fulbright awards for 2022-2023.

ELLEN S. PODGOR, Gary R.

Trombley Family White-Collar Crime Research Professor and Professor of Law, published WHITE COLLAR CRIME IN A NUTSHELL - 6th Ed. (West Academic Publishing 2022), co-authored with Professors Miriam H. Baer & Gregory M. Gilchrist. Professor Podgor also spoke at Stetson’s Advocacy Writing Workshop on How to Format a Law Review Article. She also presented to High Court Justices of India as part of their National Judicial Academy Workshop, speaking on Territoriality and Jurisdictional Issues in Cyber Crimes. Additionally, Professor Podgor participated on a virtual panel at the University of South Florida (USF) as an invitee of FAWLS. Professor Podgor continued to be listed in the top 10% of Authors on SSRN of all-time downloads. She also continued 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. ROBYN POWELL, Visiting

Professor of Law, provided critical insights on national issues ranging from the battle over Britney Spears’ conservatorship to the U.S. Supreme Court’s potential overturning of Roe v. Wade. Powell, who joined Stetson Law in 2020 as a Bruce R. Young Visiting Assistant Professor, specializes in disability law and reproductive justice. As a disabled woman who has personally experienced the intersection of these two issues, Powell offered unique perspectives to multiple media outlets throughout the year, including Salon, the Tampa Bay Times, KRIS Corpus Christi and The Intercept. Powell has been similarly prolific in her scholarly work. Her most recent scholarship includes Achieving Justice for Disabled Parents and Their Children: An Abolitionist Approach, Yale Journal of Law & Feminism (Forthcoming 2022); From Carrie Buck to Britney Spears: Strategies for Disrupting the Ongoing Reproductive Oppression of Disabled People, 107 Va. L. Rev. Online 246; Applying the Health Justice Framework to Address Health and Health Care Inequities Experienced by People with Disabilities During and After COVID-19, 96 Washington Law Review 93 (2021), Becoming a Disabled Parent: Eliminating Access Barriers to Health Care Before, During, and After Pregnancy, 96 Tulane Law Review (Forthcoming 20212022 with Erin E. Andrews and Kara Ayers); Confronting Eugenics Means Finally Confronting its Ableist Roots, 27 William & Mary Journal of Race, Gender, and Social Justice 607 (2021); Barriers and Facilitators to Compliance with the Americans with Disabilities Act by the Child Welfare System:

Insights from Interviews with Disabled Parents, Child Welfare Workers, and Attorneys, 32 Stanford Law & Policy Review 119; Professor Powell also presented The Americans with Disabilities Act and Termination of Parental Rights Cases for the American Constitution Society Progressive Scholarship Workshop at Yale Law School. She was a panelist on Parents with Disabilities, Bias, and Discrimination at Harvard Law School's Project on Disability, Parents with Disabilities: Rights, Remedies, and the Road Ahead.

THERESA J. RADWAN,

Transitional Business Administrator and Professor of Law, published When the Sum of the Parts are More than the Whole: How Fully Secured Creditors can be Preferred in Bankruptcy, STETSON LAW REVIEW ONLINE FORUM, (Fall 2021). Professor Radwan’s article When is a Debt “Obtained By” Fraud? Reconsideration of the Fraud Nondischargeability Exception Under Section 523(a) (2) of the Bankruptcy Code will be published in the WEST VIRGINIA LAW REVIEW Spring, 2022 edition.

JUDITH A.M. SCULLY, Professor

of Law, created 17 community service internships (nonlegal pro bono) with a wide variety of nonprofit and philanthropic organizations through her work with The Alliance, a joint partnership between Stetson Law School and Community Foundation of Tampa Bay. The internships allow students to work closely with Executive Directors, Board of Directors, and Policy Directors while learning about grant writing, community organizing and data analysis. The internship project is the cornerstone of Stetson Law’s recently launched Community Associates Program, which is one of three projects that Professor Scully oversees as the faculty liaison to The Alliance. Professor Scully also created the curriculum for, and taught three courses (Advocacy, Activism, & Social Change, Part 1 and 2; and 4th Amendment, Policing and You) in Stetson Law’s inaugural Civics Program for high school students in the Tampa Bay region. She also supervised students from numerous Florida law schools serving as Summer Racial Justice Fellows with the Florida Law School’s Consortium on Racial Justice, on which Professor Scully serves as a Co-Director. Professor Scully is the Stetson Law School representative on the St. Petersburg Higher Education Consortium for Racial Justice, a joint project of Stetson Law School, Eckerd College, St. Petersburg College, and the University of South Florida, St. Petersburg. Her work there included a four-day training of the American Association of Universities and Colleges that focused on Truth, Racial Healing and Transformation Centers. Additionally, Professor Scully spoke at the AALS Clinical Law Conference on a panel discussing Stetson’s Compassionate Release course that allowed 10 Stetson Law students to assist the Federal Public Defender’s Office in representing individuals seeking release from prison under federal compassionate release laws. Professor Scully continues to maintain updates for the law school’s Social Justice Advocacy Resource Manual.

CIARA TORRES-SPELLISCY,

Professor of Law, published The Political Branding of Us and Them: The Branding of Asian Immigrants in the Democratic and Republican Party Platforms and Supreme Court Opinions 1876-1924, 96(4) NYU L. REV. 1214 (Oct. 2021). Professor Torres-Spelliscy spoke remotely at the Council on Governmental Ethics Laws (COGEL) 2021, discussing money in politics, campaign finance law, the Supreme Court and dark money on December 8, 2021. She also authored the following blogs: “21 Things We Learned about Money in Politics in 2021,” Brennan Center Blog; “Lawyers Risk Their Law Licenses Helping Smarmy Politicians,” Washington Monthly; “A Little-Noticed Supreme Court Ruling Could Help Build A Dam Against Foreign Money In American Elections,” Talking Points Memo. Professor Torres-Spelliscy was noticed by the press on numerous occasions, including, “Here’s how the Supreme Court is ‘keeping foreign money’ out of US politics — even after Citizens United: law professor,” Alter Net, Oct. 20, 2021, “2022 Races will put Election Integrity to the Test,” Roll Call, Nov. 10, 2021, “GOP election objectors rake in corporate cash,” The Hill, Dec. 14, 2021, “Consultant’s memo to FPL exec’s email alias reveals strategies for secretive political spending,” Orlando Sentinel, Dec. 17, 2021.

LOUIS J. VIRELLI, III, Professor

of Law, was tapped for membership on the Council on Federal Agency Adjudication, a group of leading administrative law scholars tasked with providing the Administrative Conference of the United States (ACUS) with academic research and expertise. The Council provides a forum for the heads of agency adjudication programs to exchange information about procedural innovations, best management practices, and more. His latest scholarship includes: There May Be a Problem, But It’s Not Summary Judgment, 38 Yale J. Reg.: Notice & Comment Blog (2021) and Supreme Court Recusal and the Appearance of Politics, 98 Denver L. Rev. Online Forum (2021). Virelli has also been prolific when it comes to sharing his expertise with the press; he has been quoted in The Washington Post, The Wall Street Journal and numerous other outlets on everything from questions about U.S. Supreme Court Justices’ potential conflicts of interest to lawsuits over federal vaccination guidelines.

DARRYL C. WILSON, Associate

Dean for Faculty and Strategic Initiatives; Attorneys Title Fund Professor of Law; and Director, Institute for Caribbean Law & Policy, recruited new students at the annual Law School Admissions Council (LSAC) Midwest event in Chicago. He also acted as a judge for the National Pre-Trial Competition hosted by Stetson Law and the All-Star Bracket Mock Trial Competition. Dean Wilson continues in his role as a contributor and co-editor for columns in the American Bar Association (ABA) Real Property and Probate bi-monthly magazine, as a Special Magistrate for the Code Enforcement Board of the City of St. Petersburg, and as the Treasurer for the American Caribbean Law Initiative.