Mark Fenster

University of Florida Levin College of Law

Mark Fenster is University Term Professor and Cone, Wagner, Nugent, Hazouri & Roth Professor at the University of Florida Levin College of Law. He is the author most recently of The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017).

Mark Fenster's Articles

Contract Law

Revealing Secrecy Tools

March 11, 2019

Warning my students to put their politics aside, I circulated the “Stormy Daniels” non-disclosure agreement (NDA) for the first day of my 1L Contracts course. It served well as an introduction to many of the course’s topics. Like a child’s drawing of a misshapen, non-functional house, the NDA gave the appearance of a contract while…