Born October 1959, in Mahopac, New York; Florida resident since 1969.
Married to Nancy Hogshead-Makar, three children.
Ph.D. (economics), University of Florida, 1993.
J.D. (upper 10%), University of Florida College of Law, 1987.
University of Florida Law Review
Brick Law Review Award,
Best Note, Fall 1985
University of Florida Journal of Law and Public Policy,
Founder & Editor-in-Chief
Antitrust & Florida Constitutional Law
M.B.A. (finance), University of Florida, 1982.
M.A. (economics), University of Florida, 1982.
B.S. (mathematics & economics) (magna cum laude), Mercer
Member, Golf & Tennis Teams
Manatee High School, Bradenton, Florida 1977.
Judge, First District Court of Appeal (Appointed by Governor Rick Scott)
(2012 to present).
Solicitor General, State of Florida, (2007-2011, appointed by Attorney
General Bill McCollum) and (2011-2012, appointed by Attorney General Pam Bondi).
Chief, Appellate Division, Office of General Counsel, Consolidated City of
Jacksonville, Florida (2001-2007).
Capital Partner/Partner/Associate/Summer Associate, Holland & Knight,
Jacksonville, Tallahassee & Tampa offices (1986, 1987, 1989-2001).
Clerk, Judge Thomas A. Clark, U.S. Court of Appeals, Eleventh Circuit,
Atlanta, Georgia (1988-89).
Intern, United States Department of Justice, Antitrust Division,
Transportation Section, Washington, D.C. (1985).
Member, American Law Institute (elected December 1999).
The Florida Bar: Founding Member & Executive Council, Appellate Practice and
Advocacy Section (1994-1997; member 1994-present). Past Member, Antitrust
Committee, Franchise Committee, Media Law Committee, Health Care Law
Committee; Judicial Administration, Selection and Tenure Committee; & Public
Master Lawyer & Alumnus, William H. Stafford American Inn of Court
(Tallahassee, Florida) (2007-present).
Master Lawyer, First District Appellate Inn of Court (Tallahassee, Florida).
Board of Directors, American Law Institute-American Bar Association
Committee on Continuing Professional Education (ALI-ABA) (2000-2003).
Jacksonville Bar Association/Tallahassee Bar Association.
Chair, Jacksonville Bar Association, Appellate Practice Section (2001-02);
founding member (2000-present).
Member, Leadership Jacksonville, Class of 1999.
Member, Governor’s Task Force on Capital Cases (appointed to 15 member group
by Governor Jeb Bush on January 14, 2000).
Member, Florida Supreme Court and United States Supreme Court Historical
Societies, Eleventh Circuit Historical Society, and Florida Historical
CLE lecturer/articles on various constitutional law, antitrust, franchise,
and civil rights topics.
Adjunct Professor, University of Florida College of Law (2011-present).
Courses/times taught: Appellate Law and Policy
The Constitution & The United States Supreme Court.
Richard W. Ervin Chair,
FSU College of Law (2007-2011). Courses/times taught: Appellate Law and Policy (2); Judicial Opinion
Writing; Florida, The Constitution & The United States Supreme Court;
Famous Florida Trials; Amicus Briefs;
Topics in Florida Constitutional Law; & Solicitors General and Appellate
Adjunct Professor, Florida Coastal School
of Law (2000-2007). Courses/times taught: Florida Constitutional Law
(9); Florida, The Constitution & The United States Supreme Court (2); Education
and the Constitution (2); Civil Rights; Antitrust Law; &
Media Law and Ethics.
University of North Florida, Department of Communications and Visual Arts.
Course: Ethics and Law of Communications (Spring 1999, Fall 1999, &
University. Course: Education and Constitutional Law (Summer 1995).
University of North Florida, Department of Political Science & Public
Administration. Course: The United States Supreme Court and the
Instructor/Visiting Assistant Professor, University of Florida, College of
Business Administration. Course/times taught: Legal Environment of
University of Florida, College of Business Administration,Courses:
Introductory Finance; Macroeconomics; & Microeconomics.
Law Reviews and Journals
Last Words on Recent Developments: Browning v. Florida Hometown
Democracy, Inc.: A Case Study in Judicial Opinion Writing, 41 Stetson L. Rev.
Reflections on Stop the Beach Renourishment v. Florida Department of
61 Syracuse Law Rev. 281(Fall
Anniversary of Florida’s Solicitor General: Introductory Remarks,
37 Florida State University Law
Review 215 (Fall 2009).
Dedication: Chesterfield Smith,
15 University of Florida Journal of
Law & Public Policy 1 (Fall 2003).
Snyder: Municipal Annexations and Quasi-Judicial Proceedings,
1 Florida Coastal Law Journal
133 (Summer 1999) (with Michael L. Buckner).
Proverbially Speaking: Bad Apples, Philadelphia Lawyers, and Red Cows,
7 University of Florida Journal of
Law & Public Policy 113 (1995), reprinted in 70
Florida Bar Journal 48 (January 1996).
Essential Facility Doctrine and the Health Care Industry,
21 Florida State University Law
Review 913 (1994).
Compensation Group Self-Insurance Funds: Some Reform Proposals,
12 Journal of Insurance Regulation
57 (Fall 1993) (with Tom Jones and David Nye).
Immunity Under Florida’s Certificate of Need Program,
19 Florida State University Law
Review 149 (1991).
and the State Action Doctrine: An Analysis of Recent Supreme Court and
Eleventh Circuit Cases,
4 University of Florida Journal of
Law & Public Policy 59 (1991).
Structure of the Medical Malpractice Insurance Market: If It Ain’t Broke,
Don’t Fix It,
5 Yale Journal on Regulation
427 (1988) (with Roger Blair).
Defense of Franchisors: The Law and Economics of Franchise Quality Assurance
44 Villanova Law Review 721
(1988) (lead article).
Ordinary Course of Business”: The Legal Limits of Workplace Wiretapping,
10 Hastings Journal of Communications
& Entertainment Law 901 (1988) (lead article with Martha Barnett).
Advertising: The Case for Quality and Self‑Laudatory Claims,
37 University of Florida Law Review
969 (1985), reprinted as lead article in 35
Law Review Digest 4 (1986).
Litigious Students and Academic Disputes,
The Chronicle of Higher Education, B20 (Nov. 8, 2002)
(discussing trends in student litigation).
Litigating the Amount of Attorneys’ Fees: A Proposal For Reform,
73 Florida Bar Journal 16
(October 1999) (with Judge James C. Hauser).
of Older Judges: Raise the Mandatory Retirement Age?,
71 Florida Bar Journal 48
Post-Judgment Motions For Attorneys’ Fees: Time For A Bright-Line Rule,
71 Florida Bar Journal 4
(February 1997) (lead article).
Geographic Information Systems: Legal and Policy Implications,
70 Florida Bar Journal 44
(November 1995) (with Michael R. Makar, Jr.), reprinted in 3
GIS Law12 (1996).
Precedent: Settlement Vacatur on Appeal, 69
Florida Bar Journal 18
(November 1994) (lead article & Sanders Award).
Government, Privatization, and Antitrust Immunity,
68 Florida Bar Journal 38
Professionalism, Civility, and Aspirational Conduct,
68 Florida Bar Journal 14
(March 1994) (lead article with Ray Ehrlich).
Staff and Ethical Conduct,
66 Florida Bar Journal 10 (Nov.
1992) (lead article).
Shrunk the First Amendment”: Free Speech on High School and University
66 Florida Bar Journal 13 (June
1992) (lead article & Sanders Award), reprinted in 14
Children’s Legal Rights Journal
29 (Winter/Spring 1993).
Anticompetitive Actions in the Administrative Forum: Antitrust and State Law
66 Florida Bar Journal 33 (Feb.
1992) (Sanders Award).