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Scholarship Produced by Emeriti Faculty

June 15, 2012

USF School of Law senior and emeriti faculty members are producing scholarship at an impressive rate and in a broad array of fields.

“It is a testament to the great faculty that we have had over the decades that even after many professors leave their full time activities at the law school they continue to publish important works at a prolific pace,” Dean Jeffrey Brand said. “My sense is that few schools boast such consistent important scholarly production from senior and emeriti faculty. It makes us proud, sets an example for younger faculty, and helps us achieve our ambitious aspirations.”

For example, take the work of Senior Professor J. Thomas McCarthy, who was inducted in the Intellectual Asset Management magazine’s 2012 Intellectual Property Hall of Fame and is the founding director of the USF School of Law McCarthy Institute for Intellectual Property and Technology Law. He is an internationally renowned scholar on IP matters, and author of The Rights of Publicity & Privacy (West/Clark Boardman Callaghan, 2011–2012 Editions) and McCarthy on Trademarks and Unfair Competition (West/Clark Boardman Callaghan, First–Fourth Editions 1996–2012), a seven-volume treatise that has been cited in more than 3,000 judicial opinions.

“It is the preeminent trademark treatise in the United States if not the world,” said David Franklyn, the current director of the McCarthy Institute. “He gave something useful to lawyers and judges and that’s about the highest things you can say about a professor who studies the law and tries to make a contribution.”

Another prime example is property and religion law expert Professor Emeritus William Bassett who recently published Bassett on California Community Property Law (Thomson West, 2012 Edition), Religious Organizations and the Law (West/Thomson Reuters, 2011–2012), and “Religious Organizations and the State: Laws of Ecclesiastical Polity and the Civil Courts” (Conscience and Liberty, 2011). In 2009, Bassett served in Kabul, Afghanistan, on a rule of law project sponsored by the U.S. Agency for International Development for which he wrote materials and taught Law of Real Estate Transactions.

Professor Emeritus Jay Folberg, who received the Lifetime Achievement Award from the American College of Civil Trial Mediators in 2012 and regularly presents on conflict resolution nationally and internationally, is the co-author of Lawyer Negotiation: Theory, Practice, and Law (Wolters Kluwer/Aspen Casebook Series, Second Edition 2010), Mediation: The Roles of Advocate and Neutral (Wolters Kluwer/Aspen Casebook Series, Second Edition 2010), and Resolving Disputes: Theory, Practice, and Law (Wolters Kluwer/Aspen Casebook Series, Second Edition 2010). His book on divorce and family mediation, co-authored with Ann Milne and Peter Salem, was published in Korea in 2011.

The founding director of the law school’s LLM program, Professor Emeritus Eldon Reiley’s book The American Legal System for Foreign Lawyers (Wolters Kluwer/Aspen, 2011) explores the structure of the federal government and America’s dual judicial system. The book, which was co-authored with USF School of Law Professor Connie de la Vega, includes historical background, biographical information on significant American judges, comparative law discussions, and legal terminology.

“Since becoming emeritus professor, Eldon continued to rework the American Legal System course materials each year to improve and bring them up to date for every new LLM class,” de la Vega said. “All those efforts finally culminated with the publication of the book this past year.”

Professor Emeritus Paul McKaskle authored “Rights to Thoughts, Speech, and Assembly,” published in the Encyclopedia of Human Rights (Oxford University Press, 2009), and Research Professor of Constitutional Policy John Denvir is the author of Freeing Speech: The Constitutional War Over National Security (NYU Press, 2010).

Denvir’s book, which was recently published in paperback, explores the issue of presidential dominance and proposes that the First Amendment ensure voices of opposition are heard. Assessing the right of political association, the use of public streets and parks for political demonstrations, the press’ ability to comment on public issues, and presidential speech on national security, Denvir examines why this democratic model of free speech is essential at all times, but especially during the War on Terror.

Mark Tushnet, William Cromwell professor of law at Harvard Law School, said the book offers “provocative suggestions for a First Amendment for our time, one that would provide us today with the information we need to govern ourselves.”