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 2015
Due Process and the Non-Citizen: A Revolution Reconsidered, Joseph Landau
University of Connecticut Law Review
Roberts, Kennedy, and the Subtle Differences that Matter in Obergefell, Joseph Landau
Can Criminal Law Do without Moralism?, Review of Crime and Punishment: A Concise Moral Critique by Hyman Gross, Youngjae Lee
Journal of Moral Philosophy
Hail Marriage and Farewell, Ethan J. Leib
Local Judges and Local Government, Ethan J. Leib
New York University Journal of Legislation and Public Policy
Contra Proferentem and the Role of the Jury in Contract Interpretation, Ethan J. Leib and Steve Thel
Temple Law Review
Race, Dignity, and the Right to Marry, R. A. Lenhardt
Marriage as Black Citizenship?, Robin A. Lenhardt
Hastings Law Journal
China After the Reform Era, Carl Minzner
Journal of Democracy
Legal Reform in the Xi Jinping Era, Carl Minzner
Asia Policy
Rise of the Chinese Security State, Carl Minzner and Wang Yuhua
China Quarterly
Mediation: The Best and Worst of Times, Jacqueline Nolan-Haley
Cardozo Journal of Conflict Resolution
Foreword: Critical Race Theory and Empirical Methods Conference, Kimani Paul-Emile
Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships, Russell G. Pearce, Eli Wald, and Swethaa S. Ballakrishnen
Federal Sentencing in the States: Some Thoughts on Federal Grants and State Imprisonment, John Pfaff
Hastings Law Journal
The War on Drugs and Prison Growth: Limited Importance, and Limited Legislative Options, John Pfaff
Harvard Journal on Legislation
Agora: Reflections on Zivotofsky v. Kerry Presidential Signing Statements and Dialogic Constitutionalism, Catherine Powell
AJIL Unbound
Gender Indicators as Global Governance: Not Your Father's World Bank, Catherine Powell
Big Data, Big Challenges in Evidence-Based Policy Making
Up from Marriage: Freedom, Solitude, and Individual Autonomy in the Shadow of Marriage Equality, Catherine Powell
Up from Marriage: Freedom, Solitude, and Individual Autonomy in the Shadow of Marriage Equality, Catherine Powell
Fordham Law Review
Patents and Small Participants in the Smartphone Industry, Joel Reidenberg, N. Cameron Russell, Maxim Price, and Anand Mohand
Stanford Technology Law Review
Disagreeable Privacy Policies: Mismatches between Meaning and Users’ Understanding, Joel R. Reidenberg, Travis Breaux, Lorrie F. Cranor, and Brian M. French
Berkeley Technology Law Journal
Test Unrest: New York City's Examination High Schools, Aaron Saiger
CityLaw
Caperton's Next Generation: Beyond the Bank, Jed Shugerman
New York University Journal of Legislation and Public Policy
The Golden or Bronze Age of Judicial Selection?, Jed Shugerman
Iowa Law Review
The Legitimacy of Administrative Law, Jed Shugerman
Tulsa Law Review
Fighting Corruption in America and Abroad, Jed Handelsman Shugerman
Strengthening Charity Law: Replacing Media Oversight with Advance Rulings for Nonprofit Fiduciaries, Linda Sugin
Tulane Law Review
Disruption and Deference, Olivier Sylvain
Maryland Law Review
Legitimacy and Expertise in Global Internet Governance, Olivier Sylvain
Colorado Technology Law Journal
Colorism and the Law in Latin America—Global Perspectives on Colorism Conference Remarks, Hernandez K. Tanya
Washington University Global Studies Law Review
Learning and Lawyering Across Personality Types, Ian Weinstein
Clinical Law Review
Reasonableness In and Out of Negligence Law, Benjamin Zipursky
University of Pennsylvania Law Review
Submissions from 2014
Turnaround: Reflections on the Present Day Influence of Negotiations on International
Bankruptcy at the Fifth Session of the Hague Conference on Private International Law in 1925, Susan Block-Lieb
Brooklyn Journal of Commercial & Financial Law
Chevron and Skidmore in the Workplace: Unhappy Together, James J. Brudney
Memorandum: Hearsay Exception for Electronic Communications of Recent Perception, Daniel J. Capra
Autopsy Reports and the Confrontation Clause: A Presumption of Admissibility, Daniel J. Capra and Joseph Tartakovsky
Virginia Journal of Criminal Law
Nationalization and Necessity: Takings and a Doctrine of Economic Emergency, Nestor M. Davidson
Brigham-Kranner Property Rights Conference Journal
Lethal Injection Chaos Post-Baze, Deborah W. Denno
Georgetown Law Journal
The Problem of Settlement Class Actions, Howard M. Erichson
Washington University Law Review
Volunteerism and Transition, John Feerick and Jessica Thaler
New York State Bar Association Journal
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare, Sheila R. Foster
Ohio State Law Journal
Prosecutors’ Disclosure Obligations in the U.S., Bruce A. Green and Peter A. Joy
Hitotsubashi Journal of Law and Politics
Government Endorsement: A Reply to Nelson Tebbe's Government Nonendorsement, Abner S. Greene
Minnesota Law Review
Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation, Sean J. Griffith
Minnesota Law Review
One Path for ‘Post-Racial’ Employment Discrimination Cases—The Implicit Association Test Research as Social Framework Evidence, Tanya K. Hernandez
Law & Inequality
Revealing the Race-Based Realities of Workforce Exclusion, Tanya K. Hernandez
NACLA Report on the Americas
Sotomayer's Supreme Court Race Jurisprudebce: 'Fidelity to the Law', Tanya K. Hernandez
Yale Law Journal Forum
The Legal Challenges of Diversity (review essay), Tanya K. Hernandez
Journal of Legal Education
The Child-Welfare System and the Limits of Determinacy, Clare Huntington
Law and Contemporary Problems
In the Service of Others: From Rose Hill to Lincoln Center, Constantine N. Katsoris
Encouraging Engaged Scholarship: Perspectives from an Associate Dean for Research, Sonia Katyal
Touro Law Review
Are Damages Different? Bivens and National Security, Andrew Kent
Southern California Law Review
Citizenship and Protection, Andrew Kent
Presidential Constitutionalism and Civil Rights, Joseph B. Landau
William and Mary Law Review
The Law of War and the Responsibility to Protect Civilians: A Reinterpretation, Thomas Lee
Harvard International Law Journal
The Three Lives of the Alien Tort Statute: The Evolving Role of the Judiciary in U.S. Foreign Relations, Thomas Lee
Notre Dame Law Review
What is Philosophy of Criminal Law?, Review of The Oxford Handbook of Philosophy of Criminal Law by John Deigh & David Dolinko, eds., Youngjae Lee
Criminal Law and Philosophy
Intentions, Compliance, and Fiduciary Obligations, Ethan Leib and Stephen Galoob
Legal Theory
Fiduciary Principles and the Jury, Ethan J. Leib, Michael Serota, and David L. Ponet
William and Mary Law Review
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
Procedural Justice Beyond Borders: Mediation in Ghana, Jacqueline M. Nolan-Haley and James Kwasi Annor-Ohene
Harvard Negotiation Law Review Online
Symposium on the Challenges of Electronic Evidence, Panel Discussion
Beyond Title VII: Rethinking Race, Ex-Offender Status, and Employment Discrimination in the Information Age, Kimani Paul-Emile
Virginia Law Review
Escaping from the Standard Story: Why the Conventional Wisdom on Prison Growth is Wrong, and Where We Can Go From Here, John Pfaff
Federal Sentencing Reporter
Preparing Law Students to Become Litigators in the New Legal Landscape, Paul Radvany
The Review of Litigation
The SEC Adds a New Weapon: How Does the New Admission Requirement Change the Landscape?, Paul Radvany
Cardozo Journal of Conflict Resolution
The Data Surveillance State in Europe and the United States, Joel Reidenberg
Wake Forest Law Review
Privacy in Public, Joel R. Reidenberg
University of Miami Law Review
Chevron and Deference in State Administrative Law , Aaron J. Saiger
What We Disagree About When We Disagree About School Choice, Aaron J. Saiger
Iowa Law Review Bulletin
The Creation of the Department of Justice: Professionalization Without Civil Rights or Civil Service, Jed Shugerman
Stanford Law Review
Clearinghouses as Liquidity Partitioning, Richard C. Squire
Cornell Law Review
What Cornell Veterinary School Taught Me About Legal Education, Tina Stark
Transactions: The Tennessee Journal of Business Law
Don't Give Up on Taxes, Linda Sugin
Tax Notes
Payroll Taxes, Mythology and Fairness, Linda Sugin
Harvard Journal on Legislation
Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance, Olivier Sylvain
Wake Forest Law Review
Constitutional Purpose and the Anti-Corruption Principle, Zephyr Teachout
Northwestern Law Review Colloquy
Neoliberal Political Law, Zephyr Teachout
Law & Contemporary Problems
The Forgotten Law of Lobbying, Zephyr Teachout
Election Law Journal
Taking Section 10(b) Seriously: Criminal Enforcement of SEC Rules, Steve Thel
Columbia Business Law Review
Submissions from 2013
Who Governs? Delegations in Global Trade Lawmaking, Susan Block-Lieb, Terence C. Halliday, and Josh Pacewicz
Regulation & Governance
Faithful Agency Versus Ordinary Meaning Advocacy, James J. Brudney
Saint Louis University Law Journal
Oasis or Mirage: The Supreme Court's Thirst for Dictionaries in the Rehnquist and Roberts Eras, James J. Brudney and Lawrence Baum
William and Mary Law Review
Why Strickland Is the Wrong Test for Assessing Violations of the Right to Testify, Daniel Capra and Joseph Tartakovsky
Washington and Lee Law Review
Oil and Water: Mixing Taxable and Tax-Exempt Shareholders in Mutual Funds, Jeffrey M. Colon
Loyola University Chicago Law Journal
A Most Useful Ball of Thread, Review of Navigating HUD Programs: A Practitioner's to the Labyrinth by George Weidenfeller & Julie S. McGovern, eds., Nestor Davidson
Journal of Affordable Housing and Community Development Law
New Formalism in the Aftermath of the Housing Crisis, Nestor M. Davidson
Boston University Law Review
Towards Engaged Scholarship, Nestor M. Davidson
Pace Law Review
The Mobility Case for Regionalism, Nestor M. Davidson and Sheila Foster
U. C. Davis Law Review
What Real-World Criminal Cases Tell Us About Genetics Evidence, Deborah W. Denno
Hastings Law Journal
The Chevron-Ecuador Dispute, Forum Non Conveniens, and the Problem of Ex Ante Inadequacy, Howard Erichson
Stanford Journal of Complex Litigation
The Home-State Test for General Personal Jurisdiction, Howard M. Erichson
Vanderbilt Law Review En Banc
The Role of the Judge in Non-Class Settlement, Howard M. Erichson
Washington University Law Review
Why the Supreme Court Should Give the Easy Answer to an Easy Question: A Response to Professors Childress, Neuborne, Sherry and Silberman, Howard M. Erichson
Vanderbilt Law Review En Banc
Foreward, Howard M. Erichson and Benjamin C. Zipursky
A New Model of Corporate Social Responsibility in the 21st Century, John D. Feerick
Language, Legal Origins, and Culture before the Courts: Cross-Citations between Supreme Courts in Europe, Martin Gelter
Supreme Court Economic Review
The Pension System and the Rise of Shareholder Primacy, Martin Gelter
Seton Hall Law Review
Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union After the Treaty of Lisbon, Roger Goebel
Columbia Journal of European Law
