Levin College of Law

Mark Fenster

Marshall M. Criser Eminent Scholar Chair in Electronic Communications and Administrative Law
Professor of Law

About

Mark Fenster is the Marshall M. Criser Eminent Scholar Chair in Electronic Communications and Administrative Law at the Levin College of Law. His legal research has focused on government transparency, legal intellectual history, and constitutional limits on government regulation. He is the author of the book The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017), and his articles and essays have appeared in the California Law Review, Michigan Law Review, Iowa Law Review, Hastings Law Journal, Administrative Law Review, among others. He is also the author of Conspiracy Theories: Secrecy and Power in American Culture, 2nd ed. (University of Minnesota Press, 2008), an influential work of cultural and political theory.

Professor Fenster joined the UF faculty in 2001. He currently teaches Contracts, Payment Systems, and Statutory Interpretation, and in the past has taught Property, Contracts, Administrative Law, Land Use, and Intellectual Property, among other courses. Prior to working at UF Law, Professor Fenster clerked for Judge Carlos F. Lucero of the Tenth Circuit of the U.S. Court of Appeals in Denver and worked in private practice in San Francisco as an Environmental and Land Use Law Fellow at Shute Mihaly & Weinberger.

Fenster earned his J.D. degree from Yale Law School and holds a PhD from the Institute of Communications Research at the University of Illinois at Urbana-Champaign. He earned his BA from the University of Virginia, and an MA from the Radio-Television-Film program at the University of Texas at Austin. He is admitted to practice law in New York and California.

EDUCATION

J.D., Yale Law School
Ph.D., University of Illinois at Urbana-Champaign
Institute of Communications Research
M.A., University of Texas at Austin
Department of Radio/Television/Film
B.A., University of Virginia

TEACHING AND SCHOLARSHIP

Administrative Law; Legislation/ Statutory Interpretation; Contracts; Government Transparency; Legal, Social, and Political Theory.

Courses

Contracts - LAW 5000
  • An introduction to the law and theory of legally enforceable agreements and promises, including elements of contract formation; consideration; effects of non-performance; conditions for relief from or discharge of obligations; and remedies.
Statutory Interpretation - LAW 6524
  • This course focuses especially on statutory interpretation by courts, but also covers the process of statutory enactment by legislatures and statutory implementation and enforcement by executive branches. The course materials include statutes, appellate decisions, and commentary from the relevant legal and political science literature. *May not enroll if have already taken Legislation

Publications

Books

Book Chapters

  • Feed: State Transparency Amidst Informational Surplus, in This Obscure Thing Called Transparency: Politics and Aesthetics of a Contemporary Metaphor (Emmanuel Alloa ed., Leuven University Press forthcoming 2022).
  • “What Do Leaks Reveal? Foreign Policy, National Security, and the Contingent Effects of Informational Vigilantism,” in Foreign Policy Secrecy in the Age of transparency (Vigjilenca Abazi & Guri Rosen, eds., Oxford University Press 2021).
  • “FOIA as an Administrative Law,” in Troubling Transparency: The Freedom of Information Act and Beyond 52 (David Pozen & Michael Schudson eds., Columbia University Press 2018)
  • “The Informational Ombudsman: Fixing Open Government by Institutional Design,” in Freedom of Information and Governmental Transparency in an Open Government Era (Irène Bouhadana, William Gilles, & Russell Weaver eds., Les Éditions IMODEV, 2016)

Articles and Essays