Levin College of Law

Mark Fenster

Stephen C. O’Connell Chair
University Term Professor
Professor of Law

Mailing Address:
Box #117625 Gainesville, FL 32611

Phone:
(352) 273-0962

About

Mark Fenster is the Stephen C. O’Connell Chair 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.

He 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, 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

Administrative Law - LAW 6520
  • Analysis of the administrative process, with an emphasis on the activities of federal regulatory agencies. Topics include legislative delegations of authority to agencies, executive branch controls, rulemaking and adjudicatory procedures, due process rights, and the scope of judicial review of administrative decision making.
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.
Legislation - LAW 6930
  • This course provides an introduction to the creation, implementation, and interpretation of statutes. It focuses on statutory interpretation by courts, and also covers the process of statutory enactment by state and national legislatures as well as enforcement by executive branches. As a result, the course materials include statutes, other legislative and regulatory materials, appellate decisions, and commentary from the relevant legal and political science literature. Note for 2019-20 academic year: This course overlaps significantly with the 2-hour Statutory Interpretation course taught by Professor Fenster in Fall 2018. Students from that course may not enroll in this course.

Publications

Books

Book Chapters

      • “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 forthcoming)
      • “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