Professor Fenster is completing a book manuscript entitled The Transparency Fix: A Critique of the Informational State. Summarizing and advancing work he has published over the past decade on the subject of open government and secrecy, the book argues that the seemingly oppositional ideals of an open government and an informationally secure government share a flawed, overly simplistic theory of the state as a repository of information. Previous publications on the topic have appeared in, among other journals, Iowa Law Review, Washington & Lee Law Review, Hastings Law Journal, Administrative Law Review, and the European Journal of Social Theory. His other areas of published research include regulatory takings, on which he has published in the California Law Review and Hastings Law Journal among other law journals; and legal intellectual history, on which he has published in the Michigan Law Review, Oregon Law Review, and Buffalo Law Review. In October 2014, he co-organized (with Jack Schlegel) a conference entitled Opportunities for Law’s Intellectual History, whose proceedings are forthcoming in the Buffalo Law Review. He is currently researching the history of the law and technology of payment systems. His first monograph, Conspiracy Theories: Secrecy and Power in American Culture (2d ed. 2008) helped establish the cultural study of conspiracy theory and is widely cited by scholarship in the social sciences and humanities. He is frequently quoted in the press on the topic. Professor Fenster’s scholarship can be found on:
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, Torts, Property, Government Transparency, Social Theory.
- University of Florida: Joined College of Law in 2001 as Assistant Professor.
- Yale Law School: Teaching Assistant, Civil Procedure; Conference Coordinator (1997-1998). Editor, Yale Law Journal; Symposium Editor, Yale Journal of Law and the Humanities.
- Prior Legal Positions: Environmental and Land Use Law Fellow, Shute Mihaly & Weinberger, San Francisco; Judicial Clerk for Judge Carlos Lucero, 10th Circuit U.S. Court of Appeals.
- Prior Educational Positions: Indiana University, Department of Telecommunications, Visiting Lecturer (1991-93); Shenandoah University, Department of Mass Communications, Assistant Professor (1993-95).
- Admitted to Practice: New York, California.