TRACEY M. ROBERTS. The Taxing Power as a Reverse Takings Clause (work in progress).



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ACADEMIC APPOINTMENTS University of California, Hastings College of the Law 200 McAllister Street San Francisco, California 94102 Email: robertstracey@uchastings.edu Mobile: (303) 818-8589 UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW, San Francisco, California Visiting Assistant, August 2014 Present Courses: Federal Income Taxation, Corporate and Partnership Taxation, Tax Policy, Nonprofit Organizations/Tax-exempt Entities SEATTLE UNIVERSITY SCHOOL OF LAW, Seattle, Washington Visiting Assistant, July 2013 May 2014 Courses: Federal Income Taxation, Corporate and Partnership Taxation, Environmental Law UNIVERSITY OF LOUISVILLE, LOUIS D. BRANDEIS SCHOOL OF LAW, Louisville, Kentucky Assistant, July 2010 June 2013 Courses: Federal Income Taxation, Partnership Taxation, Tax Policy, Property, Climate Change and the Law Service: Organized University of Louisville Law Review Symposium, recruiting Dan Shaviro, Neil Buchanan, David Gamage and Jennifer Bird-Pollan to discuss The Federal Budget and Debt Reduction (October 22, 2011) Visiting Professor, Johannes Gutenberg University International Teaching Exchange, Mainz, Germany (June 18 29, 2012) UNIVERSITY OF SOUTH CAROLINA SCHOOL OF LAW, Columbia, South Carolina Visiting Assistant, Fall 2012 Courses: Federal Income Taxation, Partnership Taxation VANDERBILT UNIVERSITY CLIMATE CHANGE RESEARCH NETWORK, Nashville, Tennessee Research Affiliate, July 2009 June 2010 Performed research on the law and economics of climate change policy. Research was funded in part through a fellowship from the Searle-Kauffman Institute on Law, Innovation, and Growth and in part through a consulting position with the Resources Legacy Fund. PUBLICATIONS The Taxing Power as a Reverse Takings Clause (work in progress). True Cost: Quantifying the Costs of Energy Industry Subsidies (work in progress). 1

Picking Winners and Losers: Examining the Structure of Tax Subsidies for the Energy Industry, 41 COLUM. J. ENVTL L. (forthcoming Spring 2016). Brackets: A Historical Perspective, 108 NW. U. L. REV. 925 (2014). The Rise of Rule 4 Institutions: Voluntary Standards, Certification and Labeling Systems, 40 ECOLOGY L. Q. 101 (2013). Voluntary Standards, Certification and Labeling Systems: Enhancing Efficiency Through Trade of Entitlements, in MARKET INSTRUMENTS AND SUSTAINABLE ECONOMY (Ana Yábar Sterling & Pedro M. Herrera eds., 2012). Innovations in Governance: A Functional Typology of Private Governance Institutions, 22 DUKE ENVTL L. & POL Y FORUM 67 (2011). Mitigating the Distributional Impacts of Climate Change Policy, 67 WASH. & LEE L. REV. 209 (2010). PRESENTATIONS Picking Winners and Losers: Examining Tax Subsidies to the Energy Industry Global Conference on Environmental Taxation, Sydney, Australia, September 24, 2015; 2015 Joint Fall CLE Meeting, ABA Sections of Taxation, Real Property, Trust and Estate Law, September 18, 2015; Sustainability Conference of American Legal Educators, Arizona State University, Sandra Day O Connor School of Law, May 8, 2015. International Sustainability Week, Hochschule fur Wirtschaft und Umwelt, Nurtingen-Geislingen, Nurtingen and Geislingen, Germany Private and Public Certification Standards and the WTO, June 10, 2015; California Support for Renewable Energy, June 10, 2015; and U.S. Support for Renewable Energy, June 9, 2015. The Environmental Case for the X Tax, Junior Tax Faculty Workshop, University of Texas School of Law, Austin, TX, June 4, 2015. The Taxing Power as a Reverse Takings Clause, Law and Society Association, Seattle, Washington, May 30, 2015. The Taxing Power as a Check on Private Property Rights and a Source of Regulatory Authority, National Tax Association, 107 th Conference on Taxation, Santa Fe, New Mexico, November 14, 2014. 2

Tax, A Better Mechanism to Protect Rights in the Global Commons, Tax Justice and Human Rights Symposium, McGill University, Montreal, Quebec, Canada, June 20, 2014. Energy Industry Tax Subsidies, a Comparative Approach Tax Concentration Seminar, University of California, Hastings College of the Law, San Francisco, California November 4, 2014; Junior Tax Faculty Workshop, American University Washington College of Law, Washington, DC, June 7, 2014; Public Interest Environmental Law Conference, University of Oregon, Eugene, Oregon, February 28, 2014; Our Money Our Voice Academic Forum on Divestment, Seattle University, Seattle, Washington, January 29, 2014; Loyola Tax Policy Colloquium, Los Angeles, California, November 4, 2013; Law and Society Association, Boston, Massachusetts, May 30, 2013; Junior Tax Faculty Workshop, University of California, Hastings College of the Law, San Francisco, California, May 30, 2012. Brackets: A Historical Perspective Junior Tax Faculty Forum, University of Miami School of Law, Coral Gables, Florida, May 22-23, 2013; Northwestern University Law Review Symposium, Chicago, Illinois, April 5, 2013; Louis D. Brandeis School of Law Faculty Workshop Series, Louisville, Kentucky, April 2, 2013. Comments on Legitimacy and Effectiveness of Transnational Private Regulation by Fabrizio Cafaggi, Governance Without Borders: Transnational Private Regulation in the Age of Globalization, Albany, New York, April 25, 2013. The Rise of Rule 4 Institutions: Voluntary Standards, Certification and Labeling Systems Society for Environmental Law and Economics, Indiana University, Maurer School of Law, Bloomington, Indiana, June 1, 2012; Louis D. Brandeis School of Law Faculty Workshop Series, Louisville, Kentucky, February 2, 2012. Incidence and Accidents, Hints and Allegations: Who Will Feel the Impact of Tax Reform? University Law Review Symposium on The Federal Budget and Debt Reduction, Louis D. Brandeis School of Law, Louisville, Kentucky, October 22, 2010. Voluntary Standards, Certification and Labeling Institutions: Enhancing Efficiency Through Trade of Entitlements Global Conference on Environmental Taxation, Madrid, Spain, October 20, 2011; Association for Law, Property and Society, Georgetown Law Center, Washington, DC, March 5, 2011. 3

Innovations in Governance, A Functional Typology for Examining Private Governance Institutions Society for Environmental Law and Economics, University of Amsterdam, Amsterdam, The Netherlands, June 24, 2011; Law and Society Association, San Francisco, California, June 4, 2011; Colloquium on Environmental Scholarship, Vermont Law School, South Royalton, Vermont, October 22, 2010. Agriculture and Climate Change: Causes and Consequences, Environmental Law Section of the Louisville Bar Association Continuing Education Series, Louisville, Kentucky, June 8, 2011. Greenhouse Gas Regulation, the Clean Air Act and Congressional Activity, Department of Geography and Geosciences, University of Louisville, Louisville, Kentucky, February 16, 2011. Incidence and Accidents: Addressing the Distributional Impacts of Climate Change Policy, Annual Meeting of the Society for Environmental Law and Economics, Emory University School of Law, Atlanta, Georgia, March 27, 2010. EDUCATION NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York LL.M. in Taxation, May 2009 David F. Bradford Memorial Prize for Best Paper in the Field of Taxation, Dean s Scholarship VANDERBILT UNIVERSITY SCHOOL OF LAW, Nashville, Tennessee J.D., May 1994 Junius Allison Legal Aid Award, Vanderbilt Bar Association Scholarship, American Jurisprudence Awards in Evidence and Family Law UNIVERSITY OF MELBOURNE, Melbourne, Victoria, Australia Rotary Foundation Fellowship, 1989 HARVARD COLLEGE, Cambridge, Massachusetts A.B. cum laude, November 1988 in General Studies (Biology) National Merit Scholarship, R. J. Reynolds Scholarship, Harvard-Radcliffe Academic Scholarship PROFESSIONAL EMPLOYMENT JACOBS CHASE FRICK KLEINKOPF & KELLEY, LLC, Denver, Colorado Associate, Real Estate Acquisitions and Development, January 2006 July 2008 Represented privately held and public companies in sales and acquisitions transactions, corporate entity formation and organization, and development of mixed-use projects throughout the US and in Mexico. Transactions involved assets ranging in value from $5 million to $250 million. 4

SERVICE ATLANTA LEGAL AID SOCIETY AND GEORGIA LEGAL SERVICES PROGRAM, Atlanta, Georgia State Technology Advocate, November 2001 June 2005 Performed negotiations, project development, volunteer and staff management, marketing, evaluation, and grant writing and reporting for collaborative technology projects to expand access to legal information and legal services throughout Georgia. Obtained over $910,000 in cash, goods and services through grant-writing and awards applications. ARNALL GOLDEN GREGORY LLP, Atlanta, Georgia Associate, Affordable Housing and Lending Groups, October 1999 October 2001 Represented private developers, public housing authorities, and nonprofit organizations using Low-Income Housing Tax Credit financing and other federal subsidies to develop multi-family, mixed-income, mixed-use affordable housing projects. ALSTON & BIRD, LLP, Atlanta, Georgia Associate, Real Estate Practice Group, August 1997 September 1999 NELSON MULLINS RILEY & SCARBOROUGH, LLP, Atlanta, Georgia and Columbia, South Carolina Associate, Real Estate and Health Care Groups, May 1994 July 1997 2007 2008 Member, Boulder County Planning Commission 2003 2005 Advisor, Access to Justice Committee of the State Bar of Georgia 2003 2005 Member, Georgia Justice Builders 2000 2004 Founder, The Atlanta Associates Campaign for Legal Services HONORS AND AWARDS 2015 Participant, George Mason University Economics Institute for Law Professors 2012 Consultant, Conservation Leadership Partnership 2011, 2012 Grantee, University of Louisville Summer Research Grant 2011 Fellow, Focus Louisville (a program of Leadership Louisville) 2010 2011 Consultant, Resources Legacy Fund 2009 2010 Fellow, Searle-Kauffman Institute on Law, Innovation, and Growth, Ewing Marion Kauffman Foundation and Northwestern Law School 2005 Civil Justice Innovation Award, State Bar of Georgia 2005 Georgia Super Lawyers Rising Star, Super Lawyers and Atlanta Magazine 2002 Professionalism Award, Committee on Professionalism, State Bar of Georgia 2001 Achievement Award, YLD Pro Bono Committee, State Bar of Georgia BAR ADMISSIONS Georgia (1997), Colorado (2006) 5

REFERENCES Scholarship References Daniel Shaviro New York University School of Law 40 Washington Square South, 314B New York, NY 10012 Telephone: (212) 998-6187 daniel.shaviro@nyu.edu Michael Vandenbergh Vanderbilt University School of Law 131 21st Avenue, South Nashville, TN 37212 Telephone: (615) 322-6763 michael.vandenbergh@vanderbilt.edu Margaret Chon Seattle University School of Law 901 12 th Avenue Seattle, Washington 98122 Telephone: (206) 398-4042 mchon@seattleu.edu Teaching References Susan Kuo University of South Carolina School of Law 701 Main Street Columbia, South Carolina 29208 Telephone: (803) 777-3597 KUO@law.sc.edu Jim Chen (former Dean, Brandeis School of Law) Michigan State University 648 N. Shaw Lane, Room 359 East Lansing, MI 48824 Telephone: (502) 509-2436 jim@jimchen.org John Eason Seattle University School of Law 901 12 th Avenue Seattle, Washington 98122 Telephone: (206) 398-4163 easonj@seattleu.edu 6