Content Posted in 2014 | FLASH Archive

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Content Posted in 2014

2012-2013 Fordham Law School Faculty Bibliography, Fordham Law School Library

9(b) or Not 9(b)? That Is the Question: How To Plead Negligent Misrepresentation in the Post-Twombly Era, Andrew Todres

Access to Justice Requires Access to Attorneys: Restrictions on the Practice of Law Serve a Societal Purpose, Lisa H. Nicholson

Administering the Second Amendment: Law, Politics, and Taxonomy , Nicholas J. Johnson

A Game Changer? The Impact of Padilla v. Kentucky on the Collateral Consequences Rule and Ineffective Assistance of Counsel Claims, Joanna Rosenberg

Agency Costs and the False Claims Act, David Farber

Agency Settlement Reviewability, Dustin Plotnick

AIDS Law: Impact of AIDS on American Schools and Prisons, The , Elizabeth B. Cooper

Announcement of the Law School / Bulletin of Information 1905-1906, Fordham Law School

An Officer Walks into a Bar: Acknowledging the Need for Deterrence in Officer and Director Bars, Steven W. Shuldman

Anonymity, the Production of Goods, and Institutional Design, Jeffrey M. Skopek

Anti-Corruption Principle, The, Zephyr Teachout

Antitrust Implications of Professional Sports Leagues Revisited: Emerging Trends in the Modern Era, The , Thane Rosenbaum

Anyone Can “Think Like a Lawyer”: How the Lawyers’ Monopoly on Legal Understanding Undermines Democracy and the Rule of Law in the United States, Bridgette Dunlap

A Review Of Recent Derivatives Litigation, John D. Finnerty and Kishlaya Pathak

Ascertainability in the Third Circuit: Name That Class Member, Daniel Luks

A Textual and Historical Case against a Global Constitution, Andrew Kent

A Tribute to Ronald Coase: A Legend Misunderstood, Philip L. Fraietta

Attorney-Client Privilege, Ethical Rules, and the Impaired Criminal Defendant, The , James A. Cohen

Balancing “Aggression” and Compassion in International Law: The Crime of Aggression and Humanitarian Intervention, Alexander H. McCabe

Bank Holding Company Act: Has It Lived Its Life, The , Carl Felsenfeld

Bankruptcy’s Corporate Tax Loophole, Diane Lourdes Dick

Beyond Analogy: Perez v. Sharp, Antimiscegenation Law, and the Fight for Same-Sex Marriage, Robin A. Lenhardt

Beyond the Second Amendment: An Individual Right to Arms Viewed through the Ninth Amendment , Nicholas J. Johnson

Beyond Title VII: Rethinking Race, Ex-Offender Status, and Employment Discrimination in the Information Age, Kimani Paul-Emile

Boundaries of Extracompensatory Relief for Abusive Breach of Contract, The , Nicholas J. Johnson

Bulletin of Information 1906-1907, Fordham Law School

Bulletin of Information 1907-1908, Fordham Law School

Bulletin of Information 1908-1909, Fordham Law School

Bulletin of Information 1909-1910, Fordham Law School

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Business Divisions from the Perspective of the U.S. Banking System , Carl Felsenfeld and Genci Bilali

But the Proposed Uniform Commercial Code Was Adopted Is the UCC Dead, or Alive and Well, Carl Felsenfeld

Centennial Dedication: A Brief History of the Fordham Law Review, Editors

Centennial Dedication: A Brief History of the Fordham Law Review, Editors

Changing U.S. Tax Jurisdiction: Expatriates, Immigrants, and the Need for a Coherent Tax Policy, Jeffrey M. Colon

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

Choosing Which Rule To Break First: An In-House Attorney Whistleblower’s Choices After Discovering a Possible Federal Securities Law Violation, Naseem Faqihi

Citizenship and Protection, Andrew Kent

Civil War in the U.S. Foreign Relations Law: A Dress Rehearsal for Modern Transformations, The The Use and Misuse of History in U.S. Foreign Relations Law, Thomas H. Lee

Comity Concerns Are No Joke: Recognition of Foreign Judgments Under Dormant Foreign Affairs Preemption, Marc P. Epstein

Competing State and Federal Roles in Consumer Credit Law , Carl Felsenfeld

Compliance and Claim Funding: Testing the Borders of Lawyers’ Monopoly and the Unauthorized Practice of Law, Michele DeStefano

Conceptualizing and Reconceptualizing the Reporter’s Privilege in the Age of Wikileaks, Rachel Harris

Conflicts of Interest in Legal Representation: Should the Appearance of Impropriety Rule Be Eliminated in New Jersey - Or Revived Everywhere Else , Bruce A. Green

Congress’s Under-Appreciated Power to Define and Punish Offenses against the Law of Nations, Andrew Kent

Constitutional Right against Excessive Punishment, The, Youngjae Lee

Constraining Dominant Shareholders' Self-dealing: The Legal Framework in France, Germany, and Italy , Pierre-Henri Conac, Luca Enriques, and Martin Gelter

Contractualizing Custody, Sarah Abramowicz

Cracks in the Profession’s Monopoly Armor, Jack P. Sahl

Defining and Punishing Abroad: Constitutional Limits on the Extraterritorial Reach of the Offenses Clause Note, Zephyr Teachout

Defining Patent Quality, Christi J. Guerrini

Deontology, Political Morality, and the State Symposium: Political Theory and Criminal Punishment, Youngjae Lee

DES and a Proposed Theory of Enterprise Liability, Naomi Sheiner

Desert and the Eighth Amendment Symposium: Cruel and Unusual Punishment: Litigating under the Eighth Amendment, Youngjae Lee

Desert, Deontology, and Vengeance First Annual Edward J. Shoen Leading Scholars Symposium: Paul H. Robinson, Youngjae Lee

Detention After the AUMF, Stephen I. Vladeck

Dialogic Federalism: Constitutional Possibilities for Incorporation of Human Rights Law in the United States Social Movements and Law Reform, Catherine Powell

Dilemmas of Liberty, Robert S. Smith

(Dis)Assembling Rights of Women Workers Along the Global Assembly Line: Human Rights and the Garment Industry Symposium: Political Lawyering: Conversations on Progressive Social Change, Laura Ho, Catherine Powell, and Leti Volpp

Discontinuous Tradition of Sentencing Discretion: Koon's Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The, Ian Weinstein

Do Boumediene Rights Expire?, Andrew Kent

Don't Believe Everything You Think: Cognitive Bias in Legal Decision Making, Ian Weinstein

Double Dipping: The Cross-Border Taxation of Stock Options, Jeffrey M. Colon

Editors' Foreword, Editors

Chevron and Deference in State Administrative Law , Aaron J. Saiger

Chevron and Skidmore in the Workplace: Unhappy Together, James J. Brudney

Chevron at the Roberts Court: Still Failing After All These Years, Jack M. Beermann

Chevron Deference, the Rule of Law, and Presidential Influence in the Administrative State, Peter M. Shane

Chevron Inside the Regulatory State: An Empirical Assessment, Christopher J. Walker

Chevron’s Generality Principles, Emily Hammond

Employee Rights in the European Community: A Panorama from the 1974 Social Action Program to the Social Charter of 1989 , Roger J. Goebel

Tinker Gone Viral: Diverging Threshold Tests for Analyzing School Regulation of Off-Campus Digital Student Speech, Daniel Marcus-Toll

Enforcement of Forum-Selection Clauses in Federal Court After Atlantic Marine, Matthew J. Sorensen

Evaluating the Palestinians’ Claimed Right of Return, Andrew Kent

Expatriating Terrorists, Peter J. Spiro

Extraterritorial Electioneering and the Globalization of American Elections, Zephyr Teachout

Family Law 1960 Survey of New York Law: Part Four--Torts and Family Law, Roger J. Goebel

Family Law 1961 Survey of New York Law: Part Four: Torts and Family Law, Roger J. Goebel and Arthur W. Rashap

Federal Enforcement of Police Reform, Stephen Rushin

Federalism at Step Zero, Miriam Seifter

Federal Sentencing during the Interregnum: Defense Practice as the Blakely Dust Settles , Ian Weinstein and Nathaniel Z. Marmur

Fifteen Years after the Federal Sentencing Revolution: How Mandatory Minimums Have Undermined Effective and Just Narcotics Sentencing Perspectives on the Federal Sentencing Guidelines and Mandatory Sentencing, Ian Weinstein

Fighting a Losing Battle to Win the War: Can States Combat Domestic Minor Sex Trafficking Despite CDA Preemption?, Stephanie Silvano

Filtering, Piracy Surveillance and Disobedience , Sonia K. Katyal

FISA Surveillance and Aliens, Amit K. Chhabra

Force and Effect: A Look at the Passport in the Context of Citizenship, Claire Benoit

Foreword: Chevron at 30: Looking Back and Looking Forward, Peter M. Shane and Christopher J. Walker

Foreword Symposium: Multidistrict Litigation and Aggregation Alternatives: Foreword, Howard M. Erichson

Foreword: The Profession’s Monopoly and Its Core Values, W. Bradley Wendel

Function over Form: Bringing the Fixation Requirement into the Modern Era, Megan Carpenter and Steven Hetcher

George Bundy Smith - A Good Lawyer , John D. Feerick

Giving Meaning to “Meaningful Enough”: Why Trevino Requires New Counsel on Appeal, Devon Lash

Globalization and the Monopoly of ABA-Approved Law Schools: Missed Opportunities or Dodged Bullets?, Carole Silver

Grave Building: A Tribute to Charles J. Ogletree, Jr., and His Evolving Legacy, Robin A. Lenhardt

Gray Market Goods: A Lighter Shade of Black Symposium: The Controversy over the Importation of Gray Market Goods: Is a Resolution Forthcoming, Hugh C. Hansen

Habeas Corpus, Protection, and Extraterritorial Constitutional Rights, Andrew Kent

Head Versus Heart: Applying Empirical Evidence About the Connection Between Child Pornography and Child Molestation to Probable Cause Analyses, Emily Weissler

Hemispheres Apart, a Profession Connected, Dana Remus

Her Brother's Keeper: The Prosecutor's Responsibility When Defense Counsel Has a Potential Conflict of Interest , Bruce A. Green

Historical Roots of Citizens United vs. FEC: How Anarchists and Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout

Historical Roots of Regional Sentencing Variation, The Symposium, Ian Weinstein

How Long Is Too Long?: Conflicting State Responses to De Facto Life Without Parole Sentences After Graham v. Florida and Miller v. Alabama, Kelly Scavone

Human Rights in the United States Human Rights in the United States: A Special Issue Celebrating the 10th Anniversary of the Human Rights Institute at Columbia Law School: Foreword, Sarah Cleveland and Catherine Powell

Imagining Gun Control in America: Understanding the Remainder Problem Article and Essay, Nicholas J. Johnson

Improving Agencies’ Preemption Expertise with Chevmore Codification , Kent Barnett

Inherit the Cloud: The Role of Private Contracts in Distributing or Deleting Digital Assets at Death, Natalie M. Banta

In Search of Skidmore, Peter L. Strauss

International Consensus as Persuasive Authority in the Eighth Amendment, Youngjae Lee

International Copyright: An Unorthodox Analysis American Association of Law Schools' Intellectual Property Section's Symposium on Compliance with the TRIPS Agreement, Hugh C. Hansen

International Law, International Relations Theory, and Preemptive War: The Vitality of Sovereign Equallity Today Case Studies in Conservative and Progressive Legal Orders, Thomas H. Lee

In the Service of Others: From Rose Hill to Lincoln Center, Constantine N. Katsoris

Introduction: Locating Culture, Identity, and Human Rights Symposium in Celebration of the Fiftieth Anniversary of the Universal Declaration of Human Rights: Introduction, Catherine Powell

Is It Really All About Race?: Section 1985(3) Political Conspiracies in the Second Circuit and Beyond, Lee Pinzow

Is There a Dual Banking System , Carl Felsenfeld and Genci Bilali

Judicial Regulation of Excessive Punishments through the Eighth Amendment, Youngjae Lee

Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex parte Quirin, the Nazi Saboteur Case, Andrew Kent

Knowledge as a Factor in Determinig Priorities under the Uniform Commercial Code , Carl Felsenfeld

Law, Politics, and Impeachment: The Impeachment of Roh Moo-hyun from a Comparative Constitutional Perspective , Youngjae Lee

Lawyering in the State of Nature: Instinct and Automaticity in Legal Problem Solving , Ian Weinstein

Legal Information, the Consumer Law Market, and the First Amendment, Renee Newman Knake

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Lifting Our Veil of Ignorance: Culture, Constitutionalism, and Women's Human Rights in Post-September 11 America , Catherine Powell

Localities as Equality Innovators, Robin A. Lenhardt

Making Sense of the Eleventh Amendment: International Law and State Sovereignty, Thomas H. Lee

Meta Rights, Charlotte Garden

Mortgaging the American Dream: The Misplaced Role of Accreditation in the Federal Student Loan System, Kathleen Negri

Nationwide Personal Jurisdiction in all Federal Question Cases: A New Rule 4 Note, Howard M. Erichson

Neutral No More: Secondary Effects Analysis and the Quiet Demise of the Content-Neutrality Test, Mark Rienzi and Stuart Buck

Not Just for Products Liability: Applying the Economic Loss Rule Beyond Its Origins, Danielle Sawaya

Online Harassment, Defamation, and Hateful Speech: A Primer of the Legal Landscape, Alice E. Marwick and Ross Miller

Overstepping Ethical Boundaries? Limitations on State Efforts To Provide Access to Justice in Family Courts, Jessica Dixon Weaver

Passport Revocation As Proxy Denaturalization: Examining the Yemen Cases, Ramzi Kassem

Patient Racial Preferences and the Medical Culture of Accommodation, Kimani Paul-Emile

Payroll Taxes, Mythology and Fairness, Linda Sugin

Plain English Movement, The Plain English Movement: Panel Discussion, Carl Felsenfeld

Plenary Power and Constitutional Outcasts: Federal Power, Critical Race Theory, and the Second, Ninth, and Tenth Amendments , Nicholas J. Johnson

Principles and Passions: The Intersection of Abortion and Gun Rights , Nicholas J. Johnson

Private Law in the Gaps, Jeffrey A. Pojanowski

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve the Conduct and Reputation of the Bar, The, Russell G. Pearce

Protecting the Profession or the Public? Rethinking Unauthorized-Practice Enforcement, Deborah L. Rhode and Lucy Buford Ricca

Purposeful Approach to Products Liability Warnings and Non-English-Speaking Consumers Notes, Thomas H. Lee

Purposes of Punishment Test, The Commentary on Graham v. Sullivan, Youngjae Lee

Putting the Legal Profession’s Monopoly on the Practice of Law in a Global Context, Laurel S. Terry

Race Audits, Robin A. Lenhardt

Recidivism as Omission: A Relational Account , Youngjae Lee

Recognizing the Interdependence of Rights in the Antidiscrimination Context through the World Conference against Racism , Catherine Powell and Jennifer H. Lee

Redefining En Banc Review in the Federal Courts of Appeals, Alexandra Sadinsky

Regulating the Market for Snitches , Ian Weinstein

Regulating the Militia Well: Evaluating Choices for State and Municipal Regulators Post-Heller, Benjamin H. Weissman

Reputational Injury Without a Reputational Attack: Addressing Negligence Claims for Pure Reputational Harm, Bryson Kern

Restricting Testamentary Freedom: Ex Ante Versus Ex Post Justifications, Daniel B. Kelly

Rethinking Work and Citizenship, Jennifer Gordon and Robin A. Lenhardt

Revenge of Mullaney v. Wilbur: United States v. Booker and the Reassertion of Judicial Limits on Legislative Power to Define Crimes, The, Ian Weinstein

Revisiting The Inadvertent Investment Company, Brian Vito

Revolutionary Constitutionalism in the Era of the Civil War and Reconstruction , Robert J. Kaczorowski

Role of the Bank for International Settlements in Shaping the World Financial System, The , Carl Felsenfeld and Genci Bilali

Safe-Conduct Theory of the Alien Tort Statute, The, Thomas H. Lee

Searching for a Harmless Alternative: Applying the Harmless Error Standard to Alternative Theory Jury Instructions, Erika A. Khalek

Securities Law Fifth Circuit Symposium, Steve Thel

Sentencing the Why of White Collar Crime, Todd Haugh

Shall Businesses Profit If Their Owners Lose Their Souls? Examining Whether Closely Held Corporations May Seek Exemptions from the Contraceptive Mandate, Christopher S. Ross

Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function, James L. Kainen

Soil and Citizenship, Linda Bosniak

Some Ruminations about Remedies in Consumer-Credit Transactions , Carl Felsenfeld

Sovereign Bankruptcy: Why Now and Why Not in the IMF, Molly Ryan

Speculation on the Future of the Bank for International Settlements, A , Carl Felsenfeld and Genci Bilali

Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake and Eat It Too, Amanda Asaro

Step Zero After City of Arlington, Thomas W. Merrill

Strange Bedfellows for Electronic Funds Transfers: Proposed Article 4A of the Uniform Commercial Code and the UNCITRAL Model Law Symposium: Revised U.C.C. Articles 3 &(and) 4 and New Article 4A, Carl Felsenfeld

Substantial Assistance and Sentence Severity: Is There a Correlation Substantial Assistance, Ian Weinstein

Substantive Due Process and U.S. Jurisdiction over Foreign Nationals, Jennifer K. Elsea

Supremacy of the Supremacy Clause: A Garamendi-Based Framework for Assessing State Law That Intersects with U.S. Foreign Policy, Alexandria R. Strauss

Supreme Court of the United States as Quasi-International Tribunal: Reclaiming the Court's Original and Exclusive Jurisdiction over Treaty-Based Suits by Foreign States against States, The, Thomas H. Lee

Symposium Introduction: The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right, Thane Rosenbaum

Symposium: The Regulation Of Investment Funds, Andrew J. Donohue, Paul N. Roth, Mattew B. Siano, and J.W. Verret

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

Testing Multiple Intelligences: Comparing Evaluation by Simulation and Written Exam , Ian Weinstein

The Boston Bombers, Leti Volpp

The Citizenship of Others, Muneer I. Ahmad

The Collapse Of An Empire? Rating Agency Reform In The Wake Of The 2007 Financial Crisis, Elizabeth Devine

The Flawed Explicit Safety Net: How Federally Sponsored Deposit Insurance Contributes to Financial Crisis, Nicholas J. Colombo

The Flawed State Of Broker-Dealer Regulation And The Case For An Authentic Federal Fiduciary Standard For Broker-Dealers, Gary A. Varnavides

The Folklore of Informationalism: The Case of Search Engine Speech, Oren Bracha

The Future of Big Law: Alternative Legal Service Providers to Corporate Clients, John S. Dzienkowski

The Great and Mighty Tax Law: How the Roberts Court Has Reduced Constitutional Scrutiny of Taxes and Tax Expenditures, Linda Sugin

The Great Disruption: How Machine Intelligence Will Transform the Role of Lawyers in the Delivery of Legal Services, John O. McGinnis and Russell G. Pearce

The High Cost of Child Support in Rape Cases: Finding an Evidentiary Standard To Protect Mother and Child from Welfare’s Cooperation Requirement, Aviva Nusbaum

The Internet of Things: Building Trust and Maximizing Benefits Through Consumer Control, Julie Brill

The Lawyer’s Monopoly—What Goes and What Stays, Benjamin H. Barton

The Legal Profession’s Monopoly: Failing To Protect Consumers, Laurel A. Rigertas

The Monopoly Myth and Other Tales About the Superiority of Lawyers, Leslie C. Levin

The NSA in Global Perspective: Surveillance, Human Rights, and International Counterterrorism, Peter Margulies

The President’s Plan Respecting the Supreme Court, Ignatius M. Wilkinson

There and Back, Now and Then: IIRIRA’s Retroactivity and the Normalization of Judicial Review in Immigration Law, Austen Ishii

The Regulation of Race in Science, Kimani Paul-Emile

The Relevance of Relevance: Section 215 of the USA PATRIOT Act and the NSA Metadata Collection Program, Casey J. McGowan

There May Be Cracks in the Foundation: An Analysis of Pennsylvania's Current Approach to Legislative Review of Agency Rulemaking , Nicholas J. Johnson

The Return of Noncongruent Equal Protection, Brian Soucek

The Three Phases of Mead, Kristin E. Hickman

The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, The, Kristoffel Grechenig and Martin Gelter

The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law, Zephyr Teachout

This Right Is Not Allowed by Governments That are Afraid of the People: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified , Clayton E. Cramer, Nicholas J. Johnson, and George A. Moscary

This Space Intentionally Left Blank: What To Do When Hearsay and Rule 106 Completeness Collide, Michael A. Hardin

Tinkering with Torture in the Aftermath of Hamdan: Testing the Relationship between Internationalism and Constitutionalism , Catherine Powell

Toil and Trouble: How the Erie Doctrine Became Structurally Incoherent (and How Congress Can Fix It), Alan M. Trammell

Transnational Labor Citizenship, Jennifer Gordon

Tribute to Justice Stewart G. Pollock, A A Tribute to Justice Stewart G. Pollock, Howard M. Erichson

Two Tests Unite to Resolve the Tension Between the First Amendment and the Right of Publicity, Dora Georgescu

Uncertainty and the Advantage of Collective Settlement Symposium: The Limits of Predictability and the Value of Uncertainty: Sixteenth Annual Clifford Symposium on Tort law and Social Policy, Howard M. Erichson

Understanding the Exceptional and Dynamic Nature of Boumediene Rights to Court Access, Andrew Kent

Understanding the Mark: Race, Stigma, and Equality in Context, Robin A. Lenhardt

United States Human Rights Policy in the 21st Century in an Age of Multilateralism Respondent, Catherine Powell

Unlimited Data?: Placing Limits on Searching Cell Phone Data Incident to a Lawful Arrest, Thomas Rosso

Unnecessary Privacy , Carl Felsenfeld

What 30 Years of Chevron Teach Us About the Rest of Statutory Interpretation , Abbe R. Gluck

What Do We Talk About When We Talk About Control?, Anthony J. Sebok

What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno

When is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson

Why Lawyers Should be Allowed to Advertise: A Market Analysis of Legal Services , Geoffrey C. Hazard Jr., Russell G. Pearce, and Jeffrey W. Stempel

Wilfulness versus Expectation: A Promise-Based Defense of Wilfull Breach Doctrine, Steve Thel and Peter Siegelman

You Do Have to Keep Your Promises: A Disgorgement Theory of Contract Remedies, Steve Thel and Peter Siegelman