Faculty Highlights - March 2012

  • Professor Roger Groves

Professor Roger Groves is published in the Creighton Law Review. The thesis involves cutting edge issues of using algorithms and predictive analytics to identify past and future breaches of fiduciary duties by corporate board of directors. The article is entitled The Implications of a Jeopardy! Computer Named Watson: Beating Corporate Boards of Directors at Fiduciary Duties?

Professor Groves is also presenting at Howard University- IP Institute conference regarding innovative methods for professional athletes to retain their intellectual property. Click through to read the full list.

  • Professor Heidi Anderson

Professor Heidi R. Anderson’s three latest articles will be in print this Spring. The first, Funding Gideon’s Promise, regarding unethical conflicts of interest in indigent defense, is now available at 39 HASTINGS CONST. L.Q. 421 (2012). The Mythical Right to Obscurity, a pragmatic defense of the “no privacy in public” rule, was part of the Privacy Year in Review issue of the Journal of Law and Policy for the Information Society, now available at 7 I/S 543 (2012). Professor Anderson’s next article, Qualitative Assessments of Effective Assistance, an invited contribution to a recession-themed issue, will be available soon at 51 WASHBURN L.J. ___ (2012). Professor Anderson also was selected as one of fifteen nationwide fellows invited to attend the National Institute for Teaching Ethics & Professionalism’s bi-annual workshop in Seattle, Washington this June.

  • Professors Elizabeth DeCoux

Professor Elizabeth DeCoux gave an address at the Eleventh Annual North American Conference on Critical Animal Studies. Her topic was related to the intersectionality of animal activism with other social justice movements.

  • Professor Brian Foley

Professor Foley’s article, “Reframing the Debate Over Excessive Sentences to Move Beyond the Eighth Amendment,” was published as the lead article in the New England Journal on Criminal and Civil Confinement. Professor Foley argues that one way of ending the mass incarceration crisis in the United States – which imprisons more of its own people in total and per capita than any other nation in the world – is to apply strict scrutiny review to decisions to incarcerate

convicted criminals. Such scrutiny would not prevent imprisonment of serious criminals but would in some cases prevent imprisonment of minor and nonviolent offenders. The Supreme Court’s current test under the Eighth Amendment is practically full deference to state and federal government use of incarceration to infringe on liberty. In the article, Professor Foley thanked FCSL students Ron Angerer and Trevor Burgess for their excellent research assistance, Professor Chris Roederer for discussing a draft, participants in a Fall 2010 FCSL Faculty Workshop for their insights, and Dean Peter Goplerud for the research grant that helped him finish writing the article. Citation: 38 New Eng. J. on Crim. & Civ. Confinement 3 (2012) “Fiction 101: A Primer for Lawyers on How to Use Fiction Writing Techniques to Write Persuasive Facts Section,” 32 Rutgers L.J. 459 (2001), co-written by Professor Foley and Ruth Anne Robbins, was selected for inclusion in The New Teacher’s Deskbook (vol. 2) by the Legal Writing Institute. The editors wrote:

The goal for Volume Two is to provide an effective overview of leading scholarship on a variety of areas of interest to new legal writing teachers. It was a challenge to select articles for inclusion in this volume, given the wealth of relevant scholarship that the legal writing community has produced. We hope that this volume will give new teachers a good introduction to these topics and that the volume will also be helpful to experienced teachers. There are many more good articles where these came from!

The volume is available at: http://www.lwionline.org/monograph_volume_two.html

Professor Foley, along with Robbins and other law professors, created the Applied Legal Storytelling “movement” that is influencing legal education in the United States, United Kingdom, and beyond. The fourth biennial Applied Legal Storytelling conference will be held in London in Summer 2013.

  • Professor Mary Margaret Giannini

Professor Mary Margaret Giannini will be speaking at the 14th International Symposium World Society of Victimology being held this May at The Hague. Professor Giannini will be joining a panel of scholars and practitioners from around the world including Australia, the United Kingdom and the United States to discuss the topic of financial compensation for victims of child pornography.

  • Professor Susan Harthill

Professor Susan Harthill was invited to participate in the second annual Emerging Scholars Conference at the Chapman University School of Law and College of Educational Studies in Orange, California. Professor Harthill will be part of a three-member panel discussion following the keynote speaker, Dean Darby Dickerson. The conference is entitled: “Making it Better: Naming and Resisting Bullying in Families, Schools and Communities.”

  • Professor Nancy Hogshead-Makar


Professor Nancy Hogshead-Makar has been inducted into the Hall of Fame for the National Coalition on Academics and Sports.

She received the National Organization for Women (NOW) “Courage Award” for her work to achieve gender equity in education.

Speeches/ Presentations:

Nancy Hogshead-Makar and Richard Lapchick keynoted the ESPNW conference in Tucson Arizona on the state of women’s athletics. The conference gathered all the key players in the sports industry, from writers and producers, league owners, USOC and NGB members, accomplished athletes, sports sponsors and advertisers. http://www.livestream.com/espnw/video?clipId=pla_7ad2b57e-a771-4424-a180- da8bab1e4a22

Professor Hogshead-Makar was a Speaker at the International Olympic Committee’s 5th World Conference on Women and Sport, whose theme is "Together Stronger: the Future of Sport" before 750 delegates from 140 countries in Los Angeles.

Professor Hogshead-Makar and Eleanor Smeal (founder of the Feminist Majority Foundation) were the keynote speakers at a Duke symposium celebrating 40 years of a co-educational campus and Title IX. http://www.heraldsun.com/view/full_story/17622995/article-Duke- women%E2%80%99s-athletics--40-years-and-counting

Professor Hogshead-Makar was a key presenter at the University of Maine Law School, “Law and the Olympic Movement.” Her speech was entitled, “Title IX for the Amateur Sports Act” and addresses sexual assault by coaches. http://www.topusnewstoday.com/olympic-sports-law-symposium-hosted-by-pre... university-of-maine-school-of-law.html

Professor Hogshead-Makar was the key presenter at the University of Delaware’s International Coaching Enrichment Certificate Program (ICECP). ICECP, which UD offers in conjunction with the U.S. Olympic Committee and the International Olympic Committee's Olympic Solidarity Fund, hosted 32 national coaches representing five continents, 32 countries and 10 sports. http://www.udel.edu/udaily/2012/sep/icecp-gold-medalist-093011.html

Professor Hogshead-Makar was the keynote presenter at the Softball Coaches Association and the U.S. Track and Field and Cross Country Coaches Associations.

Professor Hogshead-Makar made a presentation at AALS (Association of American Law Schools) on Title IX with other law professors on the status of Title IX.

Professor Hogshead-Makar made a presentation to the Association of Title IX Administrators in San Antonio, Texas.

Professor Hogshead-Makar participated in a day of visiting legislators in Washington, DC for National Girls and Women in Sports Day.

Professor Hogshead-Makar made a presentation to the Association of Student Conduct Administrators in St. Petersburg, Florida.

  • Professor Rick Karcher

Rick Karcher accepted an offer of publication from CARDOZO LAW REVIEW for his article titled, "Broadcast Rights, Unjust Enrichment and the Student-Athlete." The article will be published in Volume 34 next fall.

  • Professor Andrew Long

Professor Andrew Long’s article Developing Linkages to Preserve Biodiversity was published at 21 YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW 1 (2012), an Oxford University Press journal edited by American, European, and Chinese law professors. A near final version of the article is available on SSRN, where it has been downloaded 445 times.

Professor Long submitted an invited chapter titled REDD+ and Indigenous Peoples in Brazil for the book CLIMATE CHANGE, INDIGENOUS PEOPLES AND THE SEARCH FOR LEGAL REMEDIES (Randall S. Abate & Elizabeth Ann Kronk, editors, Edward Elgar Publishing, forthcoming). The draft chapter was also posted on SSRN and was downloaded 221 times in the first week of its availability.

Professor Long has been invited to present his work on “Linkage in 21st Century Global Environmental Governance” at the 10th Annual IUCN Academy of Environmental Law: Global Environmental Law at a Crossroads, which will be held at the University of Maryland Francis King Carey School of Law. He has also been invited to present his work on linkage in international governance at the “Rule of Law for Nature” conference organized and hosted by the law faculty of the University of Oslo in Norway.

  • Professor Marc McAllister

Professor Marc McAllister recently accepted an offer to publish his most recent article, The Fourth Amendment and New Technologies: The Misapplication of Analogical Reasoning. This article contains a lengthy reaction to the Supreme Court’s recent GPS tracking decision, United States v. Jones, 2012 WL 171117 (Jan. 23, 2012), along with the results of an original empirical study that impact the unresolved aspects of GPS tracking and a host of other cutting edge Fourth Amendment issues. This article will be published in the Spring 2012 volume of the Southern Illinois University Law Journal. With such a quick turnaround on publication, Professor McAllister’s article will be one of the first published articles to comment on Jones. A current draft of the article can be accessed on SSRN.

  • Professor David Pimentel

Professor Pimentel has completed an article entitled “Forfeitures Revisited: Bringing Principle to Practice in Federal Court,” which calls for a reconceptualization of the law of forfeitures in the United States, highlighting overreaching by law enforcement, as they apply old doctrines and procedures to modern problems. He has accepted an offer from the Nevada Law Journal at UNLV to publish this article.

His other new article, “Criminal Child Neglect and the ‘Free Range Kid’: Is Overprotective Parenting the New Standard of Care?” will be published in the Utah Law Review.

Professor Pimentel traveled to Washington DC during Spring Break to teach in an “Inter-agency Rule of Law Training” for federal personnel in the Department of State, Department of Justice, and Department of Defense, who are being deployed into post-conflict environments. The training is carried out under a federal contract secured by the Rule of Law Collaborative (ROLC) at University of South Carolina. ROLC reached out to Professor Pimentel, based solely on the quality and extent of his scholarship in the area, to ask him to participate in their training program.

Professor Pimentel also represented Florida Coastal on an “Education Mission” to Botswana, at the invitation of the Botswanan Embassy in the United States and the Botswanan Ministry of Education and Skills Development. The purpose was to evaluate how legal education in Botswana can be enhanced help the Botswanan economy participate and be more competitive in the global marketplace.

  • Professor Lucille Ponte

Prof. Ponte made two scholarly presentations this month. At the Florida Coastal Law Review Symposium ,#Digital Expressions: Exploring Free Speech in Cyberspace, she spoke about FTC and self-regulatory efforts to deal with online deceptive advertising in Catch Me If You Can: The Challenges of Regulating Deceptive Online Consumer Reviews and Ratings. At Boston College, she presented on learning theories and opportunities for collaborative dispute resolution in online interactive environments in Leveling Up to Immersive Dispute Resolution (IDR): A Call for 3-D Virtual Worlds to Employ Key IDR Skills Acquired in These Unique Environments to Resolve In- World Conflicts at the Annual Conference and Meeting of the North Atlantic Regional Business Law Association (NARBLA). She also serves on NARBLA’s Executive Board and Editorial Board for its peer-review journal, BUSINESS LAW REVIEW.

  • Professor Rod Sullivan

Professor Rod Sullivan and Professor Eric Hull lectured at the Mississippi-Alabama Sea Grant Legal Program in Biloxi, Mississippi hosted by the University of Mississippi School of Law. Professor Sullivan lectured on Global Climate Change and Professor Hull lectured on Foreign Invasive Species.

Professor Sullivan spoke in conjunction with Joe R. Miller, the Senior Director of Facilities Development at the Jacksonville Port Authority to Leadership Jacksonville during their Economy, Growth & Preservation Day held at the Marine Science Center at Jacksonville University. The topic discussed was Port Expansion: Tradeoffs and Consequences.

Professor Sullivan spoke to the Environmental Law Society with Jim Maher of Florida’s Department of Environmental Protection.

Professor Sullivan appeared on the Morning Show on WTLV, TV-12 during the segments at 5:00, 5:30, 6:00 and 6:30 a.m. with reporter Claire Sims, and on the Evening News at 5:30 p.m. on WJXT, TV-4 with reporter Vickie Pierre to discuss the oral arguments before the Supreme Court on the constitutionality of the Patient Protection and Affordable Health Care Act.

Professor Sullivan was quoted in the FLORIDA TIMES UNION on the future of libraries in a digital world.

Professor Sullivan was interviewed for the Evening News on WJXT, TV-4 regarding the constitutionality of Florida’s new statute requiring random, suspicionless drug tests for non- safety-sensitive state employees.