1 JESSICA D. GABEL Associate Professor of Law Georgia State University College of Law P.O. Box 4037 Atlanta, Georgia EDUCATION UNIVERSITY OF MIAMI SCHOOL OF LAW, Coral Gables, Florida Juris Doctor, Magna Cum Laude Order of the Coif University of Miami Law Review Public Interest Law Scholar (full tuition scholarship) Wrongful Convictions Project (Founder and Executive Director) UNIVERSITY OF CENTRAL FLORIDA, Orlando, Florida Bachelor of Science, Summa Cum Laude Academic Achievement Scholarship Honors College and Dean s List Senior Theses: Witness Misidentification (2000); Disparity in Sentencing Guidelines (2001) AWARDS AND HONORS Nominated for GSU Global Faculty Member of the Year 2012 (university wide) Publication Achievement Award (American Bankruptcy Institute 2010) Kathryn R. Heidt Memorial Award for Excellence in Scholarship, Leadership, & Spirit (ABA 2009) Award for Service in the Public Interest (Inaugural Recipient, University of Miami 2004) INTERNATIONAL WORK University of Warsaw (Visiting Scholar of Forensic Evidence, May 2012) Taipei, Taiwan (Visiting Scholar Forensic Science, September 2012) RESEARCH PARTNERSHIPS Partnership with the Georgia Tech Research Institute (GTRI) and the United States Criminal Investigation Laboratory (USACIL) to develop potential research lines for standardization in forensic science. GRANT FUNDED PROJECTS Determinants of Wrongful Conviction and Exoneration: A Statistical, Legal and Operational Study of Innocence Project Data, Co Principal Investigator (empirical study funded by the Georgia Institute of Technology Fund for Innovation in Research and Education) (awarded in Spring 2011). BOOKS The Law of Lender Liability (A.S. Pratt/Sheshenoff, 2012) Bloomberg Treatise of Bankruptcy Law (Bloomberg, 2013) (contributing author) Winning Your Bankruptcy Appeal (2d Ed. American Bankruptcy Institute, 2010) (co author) MAJOR PUBLICATIONS AND WORKS IN PROGRESS A New Approach to an Old Problem: Realizing Reliability in Forensic Science from the Ground Up, J. Crim. Law & Criminology (forthcoming Winter 2014) Shadow Dwellers: The Under regulated World of Local DNA Databanks, N.Y.U. L.Rev. (forthcoming Winter 2014) (co author).
2 Indecent Exposure: Genes are More than a Brand Name Label in the DNA Database Debate, U. Balt. L. Rev. (Fall 2013). CSI Las Vegas: Privacy, Policing, and Profiteering in Casino Structured Intelligence, 3 UNLV Gaming L.J. 1 (Spring 2012). Redeeming the Genetic Groupon: Efficacy, Ethics, and Exploitation in Marketing DNA to the Masses, 81 Miss. L.J. 3 (December 2011) (lead article). Midnight in the Garden of Good Faith: Harvesting the Equitable Roots of Bankrupt Ponzi Schemes, 62 Case Western Reserve L.R. 19 (December 2011) (lead article) (SSRN Top Ten). The Terrible TOUSAs: Opinions Test the Patience of Corporate Lending and Fraudulent Transfer Actions, 27 Emory Bankr. Dev. J. 415 (2011) (SSRN Top Ten). Forensiphilia: Is the Public Fascination with Forensic Science a Love Affair or a Fatal Attraction? 36 New Eng. J. on Crim. & Civ. Confinement 233 (2010) (invited symposium piece) (SSRN Top Ten). Probable Cause from Probable Bonds, A Genetic Tattle Tale Based on Familial DNA, 21 Hastings Women's L.J. 3 (Winter 2010) (SSRN Top Ten). Good Science Gone Bad: How the Criminal Justice System Should Redress the Impact of Flawed Forensics, 59 Hastings L.J (May 2008) (co author). OTHER WORKS Reigning in the Wild West: The Necessary Outcomes and Inevitable Pitfalls of Reforming Forensic Science, Albany J. Science & Technology (forthcoming, Winter 2014) (co author). Rule 3002.fun: Does the Rule Need Negative Notice? Am. Bankr. Inst. J. July 2013, at 36 (co author). The Unforgiven: Excusable Neglect No Refuge for the Lawless, Am. Bankr. Inst. J. May 2013, at 36 (co author). Who is a "Transferee" Under Section 550(a) of the Bankruptcy Code?: The Divide Over Dominion, Control, and Good Faith in Applying the Mere Conduit Defense, 21 J. Bankr. L. & Prac. 1 Art. 3 (2012) (co author). Arrested Development, Taking Rule 2004 Examinations of Criminal Defendants, Am. Bankr. Inst. J., Feb. 2012, at 42. (co author). Regulating the Science of Forensic Evidence: A Broken System Requires a New Federal Agency, 90 University of Texas L.R. See Also 19 (December 2011) (co author) (SSRN Top Ten). Ferreting out Fraud: When Courts Require Creditors to Use a Crystal Ball (American Bankruptcy Institute Journal, November 2011) (co author). Digging the Nail Out of the Coffin: LLC Law Responds to Olmstead (American Bankruptcy Institute Litigation Newsletter, January 2011) (co author). The Tale of TOUSA: New Lender Liability without a Savings Clause (American Bankruptcy Institute
3 July 2010) (co author). Proliferation of the Ponzi Practice: Deconstructing a House of Cards in Bankruptcy (Dow Jones Daily Bankruptcy Review, December 21, 2009) (co author). Who s on First and Does the Rest Even Matter? Clutching a Home Run Recovery from a Short Stop Transferee and the Single Satisfaction Umpire (American Bankruptcy Institute Journal, November 2009) (co author). Not All Loans are Created Equal: Equitable Subordination and Prepetition Insider Lending After SI Restructuring (American Bankruptcy Institute Journal, November 2008) (co author). The Tip of the Iceberg: What Lies Beneath for Homebuilder Bankruptcies in the Wake of United Airlines (ABI Bankruptcy Journal, November 2007) (co author). The Ups and Downs of the New Ordinary Course of Business Defense (American Bankruptcy Institute Journal, November 2006) (co author). A Commercial Boomerang: Why Lenders Need to Check Their Contracts Twice (American Bankruptcy Institute Journal, September 2005) (co author). Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Summary of Certain Critical Consumer and Exemption Provisions (ALI ABA 2005) (co author). U.S. Authority to Detain Unlawful Combatants (University of Leipzig, Germany 2003). PRESENTATIONS AND SPEECHES The Scope of Privilege, National Association of Consumer Bankruptcy Attorneys Annual Conference. New York, New York (April 2014). The Future of Forensics: Fingerprint Challenges, Florida Criminal Defense Lawyers: Death is Different (March 2014). Brains on Trial: Neuroscience and the Law, Georgia Bar Criminal Practice Seminar, Kennesaw, Georgia (February 2014). Student Loans and Bankruptcy, Georgia Bar Bankruptcy Retreat, Reynolds Plantation, Georgia (December 2013). Almost Everything You Wanted to Know About Evidence and Bellingham s Impact, National Conference of Bankruptcy Judges, Atlanta, Georgia (October 2013). Law Firm Insolvencies and the Unfinished Business Rule, American Bar Association Annual Meeting, San Francisco, California, August 2013). Rules of Thumb: Navigating the Changing Landscape of Fingerprint Evidence, International Association for Identification International Conference, Providence, Rhode Island (August 2013). Bankruptcy Appeals & Process, American Bankruptcy Institute Annual Meeting, Washington D.C. (April 2013). All that You Can t Leave Behind: Law Firm Insolvencies and the Unfinished Business Rule, American
4 Bar Association Business Law Section Spring Meeting, Washington D.C. (April 2013). DNA Database Laws and King v. Maryland, University of Baltimore Law Review Symposium (March 2013). Forensics on Trial, Georgia Criminal Practice Seminar, Kennesaw, Georgia (February 2013). Litigation Strategies for Presenting Forensic Evidence, University of Miami School of Law (February 2013). Lawyers, Trustees, and Third Parties, Oh My! Covert Criminality in Bankruptcy Cases, Mississippi Bankruptcy Conference, Jackson, Mississippi (December 2012). Recent Trends in Fraudulent Transfer Litigation, Cumberland School of Law Bankruptcy Conference, Birmingham, Alabama (October 2012). Reorganizing the Bankrupt Forensic Sciences: Restructuring Our Reliability, 23 rd International Symposium on the Forensic Sciences, Tasmania Australia (September 2012). Ponzi Schemes & Bar Orders, American Bankruptcy Institute Southeast Conference, Amelia Island, Florida (July 2012). Ethical and Civility Issues in Cases Tainted by Crime, American Bankruptcy Institute Southeast Conference, Amelia Island, Florida (July 2012). Evidence and the Expert: Navigating Legal and Ethical Issues, Georgia State University Robinson College of Business, Atlanta, Georgia (July 2012). Tropical Storm TOUSA: Has the 11th Circuit Burst Lending to Distressed Borrowers on the Bubble? American Bar Association Webinar (July 2012). Technology, Social Networking and Ethics, American Bankruptcy Institute Consumer Bankruptcy Conference, Memphis, Tennessee (June 2012). Evidentiary Issues in Consumer Bankruptcy, Put Something Back Clinic, Miami, Florida (April 2012). Current Topics in Preference Litigation, Norton Bankruptcy Institute, Las Vegas, Nevada (March 2012). Troy Davis and the Death Penalty, Six Months Later, Amnesty International, GSU Chapter, Atlanta, Georgia (March 2012). The Great Debate: Stern v. Marshall and the Future of Bankruptcy, South Florida Bankruptcy Bar Association, Hollywood, Florida (February 2012). Everyone s an Expert, University of Miami School of Law, Miami, Florida (February 2012). What Not to Wear: Polishing Your Expert Witness Skills (keynote address), Association of Crime Scene Reconstruction, Monterey, California (February 2012). Legal Challenges Facing Forensic Science, Georgia Institute of Technology Research Institute (January 2012).
5 Clash of the Titans: Criminal v. Bankruptcy Law in Ponzi Schemes, White Collar Crime & Business Bankruptcy Conference, A Cross Disciplinary Dialogue, San Francisco, California (November 2011). All that You Care to Avoid: All You Want to Know About Avoidance Actions, National Conference of Bankruptcy Judges, Tampa, Florida (October 2011). Ethical Rules for Bankruptcy Trustees and No, It s Mine: Criminal vs. Bankruptcy Law, National Association of Bankruptcy Trustees Conference, Amelia Island, Florida (September 2011). Ethical Dilemmas in Consumer Bankruptcy Cases, Texas Bar Advanced Bankruptcy Conference, Houston, Texas (September 2011). Midnight in the Garden of Good Faith: Ponzi Schemes and Fraudulent Transfers, Emory University School of Law Faculty Lecture Series, Atlanta, Georgia (July 2011). Keeping Experts Honest, Georgia Innocence Project, Forensic DNA Conference, Atlanta, Georgia (June 2011). Covering Your Assets Bankruptcy and Foreclosure, National Football League Retirement Conference, Atlanta, Georgia (May 2011). A Talk with the Judges: Bankruptcy Issues and Developments, Commercial Law League of America, Chicago, Illinois (April 2011). Forensic Evidence: Science Fact or Fiction, University of Miami School of Law, Miami, Florida (March 2011). Any Icy Reception to Cold Calls: Committee Solicitation After Universal Building Products, American Bankruptcy Institute Paskay Conference, Tampa, Florida (March 2011). TOUSA and the Evolution of Fraudulent Transfer Actions, Emory University School of Law Bankruptcy Symposium, Atlanta, Georgia (March 2011). Is there an Evidence Code in Bankruptcy? Mid South Bankruptcy Conference, Memphis, Tennessee (February 2011). Between the Devil and the Deep Blue Sea Ethical Dilemmas Under Rule 2019 and Representation of the Estate, Legal Education Institute, Vail, Colorado (January 2011). French Fries for Rambo: Ethical Limitations on Overzealous Advocacy, American Bankruptcy Institute Winter Leadership Conference, Scottsdale, Arizona (December 2010). Structuring and Diligencing Deals with Creditor Challenged Parties, ABA Section of Business Law Winter Meeting, Washington, D.C. (November 2010). Genetic Sleuthing and Genetic Snitching: The New Course of Criminal Investigations, World Congress on Forensics, Dalian, China (October 2010). Ethical Dilemmas in Chapter 11 Cases, Commercial Law League of America/National Conference of Bankruptcy Judges, New Orleans, Louisiana (October 2010).
6 Conquering the Quagmires: How to Avoid Malpractice in Pre Bankruptcy Disputes, ABA Annual Meeting, San Francisco, California (August 2010). The Tale of TOUSA: New Lender Liability without a Savings Clause, American Bankruptcy Institute Southeast Conference, Amelia Island, Florida (July 2010). Mortgages, Mergers, and Mansions: Evidence in Bankruptcy Court, Federal Judicial Center, San Francisco, California (July 2010). The Revised Federal Rules of Evidence: More than Words? Southeast Association of Law Schools Annual Conference, Palm Beach, Florida (July 2010). To File or Not To File, That Is the Question: Bankruptcy and Its Alternatives, ABA Section of Business Law, Spring Meeting, Denver, Colorado (April 2010). Mortgages, Mergers, and Mansions: Evidence in Bankruptcy Court (Federal Judicial Center, Miami, Florida (March 2010). Debunking the Junk: Confronting Shaky Science, Mad Scientists, and Lousy Labs, Criminal Defense Attorneys of Michigan, Spring Conference, Detroit, Michigan (March 2010) (keynote speaker) New Developments in Bankruptcy: A View from the Bench, ABI Caribbean Symposium, Boca Raton, Florida (February 2010). Cash for Clunkers: Do Turbo Bankruptcies Leave Chapter 11 Burning Rubber? American Association Of Law Schools Annual Meeting, New Orleans, Louisiana (January 2010). Math and Science on the Bar Exam: The Future of Forensics Symposium, New England School of Law, Boston, Massachusetts (November 2009). A High Stakes Job Interview: (Almost) Everything You Wanted to Know About Getting Retained National Conference of Bankruptcy Judges, Las Vegas, Nevada (October 2009). Deciphering Debt: A Hitchhiker s Guide to the Red Ink, Georgia State University College of Law Financial Literacy Series, Atlanta, Georgia (September 2009). Ethically Advising the Troubled Business Client in Troubling Economic Times, ABA Business Law Section Spring Meeting, Vancouver, Canada (April 2009). Avoiding Pro Bono Pitfalls: How to Effectively Communicate With Non Traditional Clients, National Conference of Bankruptcy Judges, Scottsdale, Arizona (September 2008). Bankruptcy Appeals: Which Court, How to Get There, and What to Do Once You Are There, ABA Annual Meeting, New York, New York (August 2008). New and Emerging Trends in Executory Contracts, ABA Business Law Section Spring Meeting Dallas, Texas (April 2008). The Faces of Forensics: Identification and Behavior, U.C. Hastings Forensic Science Symposium, San Francisco, California (March 2008). Bankruptcy Appeal Nuts & Bolts, San Francisco Bar Association (February 2008).
7 Cross Border Insolvencies, Paskay International Bankruptcy Symposium, Freiburg, Germany (June 2005). Circuit Splits and 11 U.S.C 365, ABA Spring Meeting, Nashville, Tennessee (April 2005). Forensic Science v. Forgettable Science, Chicago, IL (March 2003). DNA & Innocence, University of Miami School of Law (October 2002). American Death Penalty System, University College, London (June 2002). Wrongful Convictions & American Jurisprudence, House of Commons, Parliament, London (June 2002). AMICUS BRIEFS Bullock v. BankChampaign, No (United States Supreme Court). RadLAX Gateway Hotel, LLC, v. Amalgamated Bank, No (United States Supreme Court). Executive Benefits Insurance Agency, v. Arkison (In re Bellingham Insurance Agency, Inc.), No (9th Circuit Court of Appeals) (co author). In re TOUSA, No (11th Circuit Court of Appeals). EXPERIENCE GEORGIA STATE UNIVERSITY COLLEGE OF LAW Atlanta, July 2009 present Associate Professor of Law Director, Bankruptcy Assistance + Practice Program Teach forensic evidence, forensic medicine, bankruptcy, and contracts courses Coach bankruptcy moot court and forensic mock trial teams Faculty advisor to Student Trial Lawyers Association and American Constitution Society COVINGTON & BURLING LLP San Francisco, November 2005 May 2009 Litigation Associate Successfully represented plaintiff in a multimillion dollar jury trial over insurance coverage. Represent debtors and creditors in bankruptcy proceedings and reorganizations Defense of corporations and principals involved in DOJ/SEC investigations. Consultant for the Marin County Public Defender s Office in forensic evidence cases. Tried criminal cases to jury verdicts Overturned wrongful conviction resulting in client s release from death row UNIVERSITY OF CALIFORNIA HASTINGS COLLEGE OF THE LAW San Francisco, August 2006 May 2009 Adjunct Professor Taught bankruptcy, evidence and forensic evidence courses UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Miami, August 2004 August 2005 Law Clerk to the Honorable Peter T. Fay, Circuit Judge Drafted opinions and memoranda on a wide range of issues; including criminal law, bankruptcy,
8 antitrust, patent law, first amendment, civil rights, choice of law and insurance. Assisted district court judge with habeas cases. UNIVERSITY OF MIAMI SCHOOL OF LAW, Miami, August 2004 August 2005 Adjunct Professor Instructed students in the research and writing program. Legal coordinator for the Bankruptcy Assistance Clinic for the Southern District of Florida. MARKOWITZ, DAVIS, RINGEL, & TRUSTY, P.A., Miami, September 2003 August 2004 Law Clerk Investigated bankruptcy fraud Drafted bankruptcy plans, disclosure statements, motions, briefs, and orders Drafted a successful bankruptcy appeal to the 11th Circuit BAKER & McKENZIE, Washington, D.C., June August 2003 Summer Associate Authored motions and memoranda in the areas of energy regulation, immigration, commercial litigation, criminal law, and bankruptcy. MIAMI DADE PUBLIC DEFENDER S OFFICE, Miami, January May 2003 Certified Legal Intern Appeals/Felonies Argued motions before the court. Took depositions. Second chaired trials. Interviewed and counseled clients. BARS: Admitted in Florida (2004) and California (2005). MEMBERSHIPS AND AFFILIATIONS: American Association for the Advancement of Science American Bar Association Business Bankruptcy Committee (Co Chair, Publications) American Bankruptcy Institute s Civility Task Force (Reporter) American Bar Association s White Collar Crime/Business Bankruptcy Task Force (Reporter) National Association of Bankruptcy Trustees Ethics Committee American Bankruptcy Institute (editorial board member) National Association of Criminal Defense Attorneys