This section of FLASH will preserve and showcase the scholarly work of the Fordham Law School faculty including journal articles and other publications, interviews, lectures, and working papers.
If you have any questions or would like to contribute material to FLASH, please contact Todd Melnick.
Submissions from 2007
Why Supermajoritarianism Does Not Illuminate the Interpretive Debate between Originalists and Non-Originalists, Ethan J. Leib
Northwestern University Law Review
Criminal Justice and the Challenge of Family Ties, Dan Markel and Ethan J. Leib
University of Illinois Law Review
We Will Still Live: Confronting Stigma and Discrimination Against Women Living With HIV/AIDS in Malawi, Chi Mgbako, Tracy E. Higgins, and Jeanmarie Fenrich
Consent in Mediation , Jacqueline Nolan-Haley
Dispute Resolution Magazine
Finding Interior Peace in the Ordinary Practice of Law: Wisdom from the Spiritual Tradition of St. Teresa of Avila, Jacqueline Nolan-Haley
The Journal of Catholic Legal Studies
Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives on Alternative Dispute Resolution, Jacqueline Nolan-Haley
St. John's Law Review
Contractual Expansion of the Scope of Patent Infringement through Field-of-Use Licensing, Mark R. Patterson
William and Mary Law Review
Property Outlaws, Eduardo Moises Peñalver and Sonia K. Katyal
University of Pennsylvania Law Review
Tinkering with Torture in the Aftermath of Hamdan: Testing the Relationship between Internationalism and Constitutionalism , Catherine Powell
New York University Journal of International Law and Politics
Practitioner's View: Clients at Guantanamo, Martha Rayner
New York City Law Review
Introduction, Joel R. Reidenberg
Fordham Intellectual Property, Media & Entertainment Law Journal
The Rule of Intellectual Property Law in the Internet Economy, Joel R. Reidenberg
Houston Law Review
School Choice and States' Duty to Support Public Schools , Aaron J. Saiger
Boston College Law Review
Unrecognized Right of Criminal Defendants to Admit Their Own Pretrial Statements, The , Stephen A. Saltzburg and Daniel J. Capra
William and Mary Law Review
Introduction: New Dimensions of Cultural Property, Susan Scafidi
Introduction Symposium: Nonprofit Law, Economic Challenges, And the Future of Charities: Introduction, Linda Sugin
Fordham Law Review
Nonprofit Law, Economic Challenges, and the Future of Charities: Introduction, Linda Sugin
Resisting the Corporatization of Nonprofit Governance: Transforming Obedience into Fidelity., Linda Sugin
Resisting the Corporatization of Nonprofit Governance: Transforming Obedience into Fidelity Symposium: Nonprofit Law, Economic Challenges, and the Future of Charities: Panel IV: The Increasing Resemblance of Nonprofit and Business Organizations Law, Linda Sugin
Fordham Law Review
Free Writing, Steve Thel
Journal of Corporation Law
Minimalism, Perfectionism, and Common Law Constitutionalism: Reflections on Sunstein's and Fleming's Efforts to Find the Sweet Spot in Constitutional Theory, Benjamin C. Zipursky
Sleight of Hand, Benjamin C. Zipursky
William & Mary Law Review
Submissions from 2006
Welcome and Opening Remarks Work/Life Conflict in the Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, and Tanya Kateri Hernandez
Women's Rights Law Reporter
The Missing Monitor in Corporate Governance: The Directors' & Officers' Liability Insurer, Tom Baker and Sean J. Griffith
Georgetown Law Journal
Recrafting a Trojan Horse: Thoughts on Workplace Governance in Light of Recent British Labor law Developments , James J. Brudney
Comparative Labor Law & Policy Journal
Global Collaboration in Law Schools: Lessons to Learn, Elizabeth B. Cooper
Relational Contracts in the Privatization of Social Welfare: The Case of Housing, Nestor M. Davidson
Yale Law & Policy Review
Death Bed, Deborah W. Denno
TriQuarterly Journal
Revisiting the Legal Link between Genetics and Crime, Deborah W. Denno
Law and Contemporary Problems
The Scientific Shortcomings of Roper v. Simmons, Deborah W. Denno
Ohio State Journal of Criminal Law
How the Old World Encountered the New One: Regulatory Competition and Cooperation in European Corporate and Bankruptcy Law , Luca Enriques and Martin Gelter
Tulane Law Review
Court-Ordered Confidentiality in Discovery Symposium: Secrecy in Litigation: I: Article, Howard M. Erichson
Chicago-Kent Law Review
Check Clearing for the 21st Century Act - A Wrong Turn in the Road to Improvement of the U.S. Payments System, The , Carl Felsenfeld and Genci Bilali
Nebraska Law Review
City as an Ecological Space: Social Capital and Urban Land Use, The , Sheila R. Foster
Notre Dame Law Review
A Tribute to Judge Bo Vesterdorf, Roger J. Goebel
Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties, John C.P. Goldberg and Benjamin C. Zipursky
Transnational Labor Citizenship, Jennifer Gordon
Southern California Law Review
Taking Cues: Inferring Legality from Others' Conduct, Bruce A. Green
Permissive Rules of Professional Conduct, Bruce A. Green and Fred C. Zacharias
Minnesota Law Review
Against Interpretive Obligation (To the Supreme Court), Abner S. Greene
Apparent Consistency of Religion Clause Doctrine, The The Rehnquist Court and the First Amendment, Abner S. Greene
Washington University Journal of Law and Policy
The Missing Step of Textualism, Abner S. Greene
Constitutional Chicken Soup, Tracy E. Higgins
Gender Equality and Customary Marriage: Bargaining in the Shadow of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, and Ziona Tanzer
Mutual Dependency in Child Welfare, Clare Huntington
Notre Dame Law Review
Roadmap to Securities ADR, Constantine N. Katsoris
Performance, Property, and the Slashing of Gender in Fan Fiction , Sonia K. Katyal
American University Journal of Gender, Social Policy & the Law
Countermajoritarian Federalism, Thomas H. Lee
Safe-Conduct Theory of the Alien Tort Statute, The, Thomas H. Lee
Columbia Law Review
Can Direct Democracy Be Made Deliberative?, Ethan J. Leib
Buffalo Law Review
Friendship & the Law, Ethan J. Leib
UCLA Law Review
Grave Building: A Tribute to Charles J. Ogletree, Jr., and His Evolving Legacy, Robin A. Lenhardt
Harvard BlackLetter Law Journal
Xinfang: An Alternative to Formal Chinese Legal Institutions, Carl F. Minzner
Stanford Journal of International Law
Justice Stevens and Market Relationships in Antitrust, Mark R. Patterson
The Legal Profession as a Blue State: Reflections on Public Philosophy, Jurisprudence, and Legal Ethics, Russell G. Pearce
Continued Vitality of Structured Sentencing following Blakely: The Effectiveness of Voluntary Guidelines, The , John F. Pfaff
UCLA Law Review
Vitality of Voluntary Guidelines in the Wake of Blakely v. Washington: An Empirical Assessment, The Articles on Guideline Operation Issues, John F. Pfaff
Federal Sentencing Reporter
Roadblocks to Effective Representation of Uncharged Indefinitely Imprisoned Clients at Guantanamo Bay Military Base, Martha Rayner
Symposium Introduction: The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right, Thane Rosenbaum
Cardozo Public Law, Policy, and Ethics Journal
Antitrust and the Supremacy Clause , Richard Squire
Stanford Law Review
Encouraging Corporate Charity , Linda Sugin
Virginia Tax Review
Guantanamo and U.S. Law, Joseph C. Sweeney
Teaching Reflective Lawyering in a Small Case Litigation Clinic: A Love Letter to My Clinic Papers Presented at the UCLA/IALS Conference on Enriching Clinical Education, Ian Weinstein
Clinical law Review
"Anything Rather Than a Deliberate and Well-Considered Opinion" -- Henry Lord Brougham, Written by Himself, Fred C. Zacharias and Bruce A. Green
Georgetown Journal of Legal Ethics
Legal Obligations and the Internal Aspect of Rules, Benjamin C. Zipursky
The Internal Point of View in Law and Ethics: Introduction, Benjamin C. Zipursky
Submissions from 2005
Canons of Construction and the Elusive Quest for Neutral Reasoning, James J. Brudney and Corey Distlear
Vanderbilt Law Review
Decline and Fall of Legislative History - Patterns of Supreme Court Reliance in the Burger and Rehnquist Eras, The, James J. Brudney and Corey Distlear
Judicature
Housing First' for the Chronically Homless: Challenges of a New Service Model, Nestor M. Davidson
Journal of Affordable Housing and Community Development Law
15th Annual Forum on Affordable Housing & Community Development Law: 2006 Michael Scher Award Given to William C. Kelly, Nestor M. Davidson and Leonard A. Zax
Journal of Affordable Housing and Community Development Law
Criminal Law in a Post-Freudian World, Deborah W. Denno
University of Illinois Law Review
Critical Race Lawyering: Foreword, Sheila R. Foster
From Stockholm to New York, via Rio and Johannesburg: Has the Environment Lost its Way on the Global Agenda?, Paolo Galizzi
Structure of Regulatory Competition in European Corporate Law, The , Martin Gelter
Journal of Corporate Law Studies
Judicial Federalism in the ECJ's Berlusconi Case: Toward More Credible Corporate Governance and Financial Reporting Recent Development, Martin Gelter and Mathias M. Siems
Harvard International Law Journal
Court of Justice Oversight Over the European Central Bank: Delimiting the ECB's Constitutional Autonomy and Independence in the OLAF Judgment, Roger J. Goebel
Dedication to Advocate General Francis Jacobs, Roger J. Goebel
Law, Lawyers, and Labor: The United Farm Workers' Legal Strategy in the 1960s and 1970s and the Role of Law in Union Organizing Today , Jennifer Gordon
University of Pennsylvania Journal of Labor and Employment Law
PROFESSIONAL CHALLENGES IN LARGE FIRM PRACTICE, Bruce A. Green
Religious Lawyering Critique, The AALS Presentations, Bruce A. Green
Journal of Law and Religion
Representing Children in Families, Bruce A. Green and Annette R. Appell
Nevada Law Journal
Can We Be Legal Positivists Without Being Constitutional Positivists?, Abner S. Greene
Daedalean Tinkering, Sean J. Griffith
Michigan Law Review
Good Faith Business Judgment: A Theory of Rhetoric in Corporate Law Jurisprudence, Sean J. Griffith
Duke Law Journal
Uncovering a Gatekeeper: Why the SEC Should Mandate Disclosure of Details concerning Directors' and Officers' Liability Insurance Policies, Sean J. Griffith
University of Pennsylvania Law Review
Law and the Rise of the Firm , Henry Hansmann, Reiner Kraakman, and Richard Squire
Harvard Law Review
New Business Entities in Evolutionary Perspective, Henry Hansmann, Reiner Kraakman, and Richard Squire
University of Illinois Law Review
Critical Race Feminism Empirical Research Project: Sexual Harassment & (and) the Internal Complaints Black Box, A Defining the Voices of Critical Race Feminism, Tanya K. Hernandez
U.C. Davis Law Review
Exporting Despair: The Human Rights Implications of U.S. Restrictions on Foreign Health Care Funding in Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, and Tracy E. Higgins
Rights Myopia in Child Welfare, Clare Huntington
UCLA Law Review
Congress's Power to Enforce Fourteenth Amendment Rights: Lessons from Federal Remedies the Framers Enacted , Robert J. Kaczorowski
Harvard Journal on Legislation
Popular Constitutionalism Versus Justice in Plainclothes: Reflections From History, Robert J. Kaczorowski
The Fifth Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law, Constantine N. Katsoris, Jill E. Fisch, and Eliot Spitzer
Sexuality and Sovereignty: The Global Limits and Possibilities of Lawrence Symposium: Legal Rights in Historical Perspective: From the Margins to the Mainstream, Sonia K. Katyal
William & Mary Bill of Rights Journal
"Soft Immutability" and "Imputed Gay Identity": Recent Developments in Transgender and Sexual-Orientation-Based Asylum Law, Joseph Landau
Constitutional Right against Excessive Punishment, The, Youngjae Lee
Virginia Law Review
Judicial Regulation of Excessive Punishments through the Eighth Amendment, Youngjae Lee
Federal Sentencing Reporter
Law, Politics, and Impeachment: The Impeachment of Roh Moo-hyun from a Comparative Constitutional Perspective , Youngjae Lee
American Journal of Comparative Law
On Collaboration, Organizations, and Conciliation in the General Theory of Contract, Ethan J. Leib
QLR
Supermajoritarianism and the American Criminal Jury, Ethan J. Leib
Hastings Constitutional Law Quarterly
