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.

Follow


Submissions from 2019

PDF

APIs and Your Privacy, N. Cameron Russell
Center on Law and Information Policy

Submissions from 2018

PDF

Finding Franklin, Marc Arkin
The New Criterion

PDF

John Marshall’s Long Game. Review of John Marshall: The Man Who Made the Supreme Court by Richard Brookhiser., Marc Arkin
The New Criterion

PDF

Contract and the Problem of Fickle People, Aditi Bagchi
Wake Forest Law Review

PDF

How Well Do We Treat Each Other in Contract?, Aditi Bagchi
William & Mary Business Law Review

PDF

The Political Morality of Convergence in Contract, Aditi Bagchi
European Law Journal

PDF

Cities as a Source of Consumers’ Financial Empowerment, Susan Block-Lieb
Emory Bankruptcy Developments Journal

PDF

Reaching to Restructure Across Borders (Without Over-Reaching), Even after Brexit, Susan Block-Lieb
American Bankruptcy Law Journal

PDF

A Taxonomy of Striker Replacements, James Brudney
Comparative Labor Law & Policy Journal

PDF

Character Assassination: Amending Federal Rule of Evidence 404(B) to Protect Criminal Defendants, Daniel Capra and Liesa L. Richter
Columbia Law Review

PDF

Judge Victor Marrero’s Challenge to the Legal Profession: A ‘Little Rebellion Now and Then’, John Feerick
Cardozo Law Review

PDF

But Maybe Everything That Dies Someday Comes Back, Martin S. Flaherty
University of Minnesota Law School

PDF

Patent Clutter, Janet Freilich
Iowa Law Review

PDF

Opportunity Makes a Thief: Corporate Opportunities as Legal Transplant and Convergence in Corporate Law, Martin Gelter and Geneviève Helleringer
Berkeley Business Law Journal

PDF

Immigration as Commerce: A New Look at the Federal Immigration Power and the Constitution, Jennifer Gordon
Indiana Law Journal

PDF

Can the President Control the Department of Justice?, Bruce Green
Alabama Law Review

PDF

The Right to Two Criminal Defense Lawyers, Bruce Green
Mercer Law Review

PDF

‘Not in My Name’ Claims of Constitutional Right, Abner Greene
Boston University Law Review

PDF

Resolving the Crisis in U.S. Merger Regulation: A Transatlantic Alternative to the Perpetual Litigation Machine, Sean Griffith
Yale Journal on Regulation

PDF

Advocacy in Ideas: Legal Education and Social Movements, Tanya Hernandez, Monica Bell, Solangel Maldonado, and Rachelle Perkins
Columbia Journal of Gender & Law

PDF

The Empirical Turn In Family Law, Clare Huntington
Columbia Law Review

PDF

Piracy and Due Process, Andrew Kent
Michigan Journal of International Law

PDF

The Jury and Empire: The Insular Cases and the Anti-Jury Movement in the Gilded Age and Progressive Era, Andrew Kent
Southern California Law Review

PDF

New Majoritarian Constitutionalism, Joseph Landau
Iowa Law Review

PDF

The Law of Nations and the Judicial Branch, Thomas Lee
The Georgetown Law Journal

PDF

The Criminal Jury, Moral Judgments, and Political Representation, Youngjae Lee
University of Illinois Law Review

PDF

Fiduciary Loyalty, Inside and Out, Ethan Leib
Southern California Law Review

PDF

Also, No, Ethan J. Leib
Tulsa Law Review

PDF

Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?, Jacqueline Nolan-Haley
Ohio State Journal on Dispute Resolution

PDF

Blackness as Disability?, Kimani Paul-Emile
The Georgetown Law Journal

PDF

Prosecutors Matter: A Response to Bellin’s Review of Locked In, John Pfaff
Michigan Law Review Online

PDF

Race and Rights in the Digital Age, Catherine Powell
AJIL Unbound

PDF

A Semantic Framework for the Analysis of Privacy Policies, Joel Reidenberg, et al.
Semantic Web

PDF

Competitive Philanthropy: Charitable Naming Rights, Inequality and Social Norms, Linda Sugin
Ohio State Law Journal

PDF

The Social Meaning of the Tax Cuts and Jobs Act, Linda Sugin
The Yale Law Journal Forum

PDF

Integrative Information Platforms: The Case of Zero-Rating, Olivier Sylvain
Georgetown Law Technology Review

PDF

Intermediary Design Duties, Olivier Sylvain
Connecticut Law Review

PDF

The Problem of Monopolies & Corporate Public Corruption, Zephyr Teachout
Daedalus

PDF

Confessions of Womanhood, Geeta Tewari
New England Review

Submissions from 2017

PDF

Contextualization Shadow Conversations, James J. Brudney
University of Pennsylvania Law Review

PDF

The Internationalization of Sources of Labor Law, James J. Brudney
University of Pennsylvania Journal of International Law

PDF

Protean Statutory Interpretation in the Courts of Appeals, James J. Brudney and Lawrence Baum
William & Mary Law Review

PDF

Legislative Underwrites, James J. Brudney and Ethan J. Leib
Virginia Law Review

PDF

Authenticating Digital Evidence, Daniel Capra
Baylor Law Review

PDF

Expanding (or Just Fixing) the Residual Exception to the Hearsay Rule, Daniel J. Capra

PDF

The Great ETF Tax Swindle: The Taxation of In-Kind Redemptions, Jeffrey Colon
Penn State Law Review

PDF

Deadly Dust: Occupational Health and Safety as a Driving Force in Workers’ Compensation Law and the Development of Tort Doctrine and Practice, George Conk
Rutgers University Law Review

PDF

The Troubling Turn in State Preemption: The Assault on Progressive Cities and How Cities Can Respond, Nestor Davidson, Richard Briffault, Paul A. Diller, and Olatunde Johnson
The Journal of ACS Issue Briefs

PDF

Localist Administrative Law, Nestor M. Davidson
Yale Law Journal

PDF

Concocting Criminal Intent, Deborah W. Denno
Georgetown Law Journal

PDF

Aggregation as Disempowerment: Red Flags in Class Action Settlements, Howard M. Erichson
Notre Dame Law Review

PDF

What MDL and Class Action Have in Common, Howard M. Erichson
Vanderbilt Law Review En Blanc

PDF

The Futility of Law and Development: China and the Dangers of Exporting American Law, Martin S. Flaherty
Journal of American History

PDF

Two, Three Many Rosas! Rebellious Lawyers and Progressive Activist Organizations, Brian Glick
Clinical Law Review

PDF

Regulating the Human Supply Chain, Jennifer Gordon
Iowa Law Review

PDF

Democratizing Entrepreneurship: Online Documents, Tools, and Startup Know-How, Bernice Grant, Jeff Thomas, Praveen Kosuri, and Rebecca Roiphe
Journal of Affordable Housing

PDF

Prosecutorial Ethics in Retrospect, Bruce Green
The Georgetown Journal of Legal Ethics

PDF

Threatening Litigation, Bruce Green
Litigation

PDF

Urban Policing and Public Policy— The Prosecutor’s Role, Bruce Green
Georgia Law Review

PDF

Rethinking Prosecutors' Conflicts of Interest, Bruce Green and Rebecca Roiphe
Boston College Law Review

PDF

Cutting Through: Thirteen Ways of Looking at Justice Stevens, Abner Greene
Washington University Law Review

PDF

Dead Hand Proxy Puts and Shareholder, Sean J. Griffith and Natalia Reisel
The University of Chicago Law Review

PDF

Objections to Disclosure Settlements: A How-To Guide, Sean J, Griffith and Anthony A. Rickey
Oklahoma Law Review

PDF

Symposium: Confronting New Market Realities: Implications for Stockholders Rights to Vote, Sell and Sue: Objections to Disclosure Settlements: A “How To” Guide”, Sean Griffith and Anthony A. Rickey
Oklahoma Law Review

PDF

Early Childhood Development and the Law, Clare Huntington
Southern California Law Review

PDF

Lawful Gun Carriers (Police and Armed Citizens): License, Escalation and Race, Nicholas Johnson
Law & Contemporary Problems

PDF

The Right to Regulate in Investor-State Arbitration: Slicing and Dicing Regulatory Carve-Outs, Vera Korzun
Vanderbilt Journal of Transnational Law

PDF

Natural Born Citizen, Thomas H. Lee
American University Law Review

PDF

Seow Hon Tan: Justice as Friendship: A Theory of Law, Ethan J. Leib
The Journal of Friendship Studies

PDF

Consumer Form Contracting in the Age of Mechanical Reproduction, Ethan J. Leib and Zev J. Eigen
University of Illinois Law Review

PDF

The Color of Kinship, Robin A. Lenhardt
Iowa Law Review

PDF

Antitrust, Consumer Protection, and the New Information Platforms, Mark R. Patterson
Antitrust

PDF

A Challenge to Bleached Out Professional Identity: How Jewish was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, and Emily Jenab
Touro Law Review

PDF

How Women Could Save the World, If Only We Would Let Them: From Gender Essentialism to Inclusive Security, Catherine Powell
Yale Journal of Law and Feminism

PDF

How Women Could Save The World, If Only We Would Let Them: From Gender Essentialism to Inclusive Security, Catherine Powell
Yale Journal of Law & Feminism

PDF

Accountable Algorithms, Joel Reidenberg
University of Pennsylvania Law Review

PDF

Digitocracy, Joel Reidenberg
Communications of the ACM

PDF

Principal Costs: A New Theory for Corporate Law and Governance, Richard Squire
Columbia Law Review

PDF

Franklin Delano Roosevelt as Lord of the Admiralty 1913-1920, Joseph Sweeney
Journal of Maritime Law & Commerce

PDF

Coordinating Access to Justice for Low and Moderate Income People, Ian Weinstein
N.Y.U. Journal of Legislation & Public Policy

PDF

Generating Rembrandt: Artificial Intelligence, Copyright, and Accountability in the 3A Era--The Human-like Authors are Already Here- A New Model, Shlomit Yanisky Ravid
Michigan State Law Review

PDF

The Hidden Though Flourishing Justification of Intellectual Property Laws: Distributive Justice, National Versus International Approaches, Shlomit Yanisky Ravid
Lewis & Clark Law Review

PDF

The Cathedral Through the Looking Glass: A Commentary on Dagan and Dorfman's Just Relationships, Benjamin c. Zipursky
Columbia Law Review Online

Submissions from 2016

PDF

A Convenient Seat in God's Temple: The Massachusetts General Colored Association and the Park Street Church Pew Controversy of 1830, Marc Arkin
The New England Quarterly

PDF

The Varieties of Investment Management Law, Harvey Bines and Steve Thel

PDF

Prior Statements of Testifying Witnesses: Drafting Choices to Eliminate or Loosen the Strictures of the Hearsay Rule, Daniel J. Capra

PDF

Foreign Investors in U.S. Mutual Funds: The Trouble with Treaties, Jeffrey M. Colon
Virginia Tax Review

PDF

Resetting the Baseline of Ownership: Takings and Investor Expectations After the Bailouts, Nestor M. Davidson
Maryland Law Review

PDF

The Firing Squad as "A Known and Available Alternative Method of Execution" Post-Glossip, Denno W. Deborah
University of Michigan Journal of Law Reform

PDF

Courting Abolition, Deborah W. Denno
Harvard Law Review

PDF

Foreword, Deborah W. Denno

PDF

How Prosecutors and Defense Attorneys Differ in Their Use of Neuroscience Evidence, Deborah W. Denno

PDF

The Second Circuit and Social Justice, Matthew Diller and Alexander A. Reinert

PDF

Foreword: We Are What We Tax, Mary Louise Fellows, Grace Heinecke, and Linda Sugin

PDF

Adding a Little Gold to the Golden Years: Should the European Union Prohibit Compulsory Retirement as Aged-Based Discrimination in Employment?, Roger Goebel
Columbia Journal of European Law

PDF

The Strict Liability in Fault and the Fault in Strict Liability, John C.P. Goldberg and Benjamin C. Zipursky

PDF

Candor in Criminal Advocacy, Bruce Green
Hofstra Law Review

PDF

Prosecutorial Accountability 2.0, Bruce Green
Notre Dame Law Review

PDF

Should There Be a Specialized Ethics Code for Death-Penalty Defense Lawyers, Bruce Green
The Georgetown Journal of Legal Ethics

PDF

Disciplinary Regulation of Prosecutors as a Remedy for Abuses of Prosecutorial Discretion: A Descriptive and Normative Analysis, Bruce Green and Samuel J. Levine
Ohio State Journal of Criminal Law