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 2014
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
Fordham Law Review
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
Fordham Law Review
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
Fordham Law Review
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
Fordham Law Review
A New Model of Corporate Social Responsibility in the 21st Century, John D. Feerick
Fordham Environmental Law Review
Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union After the Treaty of Lisbon, Roger Goebel
Columbia Journal of European Law
Gideon’s Amici, Why Do Prosecutors So Rarely Defend the Rights of the Accused?, Bruce Green
Yale Law Journal
The Attorney-Client Privilege – Selective Compulsion, Selective Waiver and Selective Disclosure: Is Bank Regulation Exceptional?, Bruce Green
Journal of the Professional Lawyers
Federal Criminal Discovery Reform: A Legislative Approach, Bruce A. Green
Mercer Law Review
Lawyers’ Professional Independence: Overrated or Undervalued?, Bruce A. Green
Akron Law Review
The Right to Plea Bargain with Competent Counsel after Cooper and Frye: Is the Supreme Court Making the Ordinary Criminal Process Too Long, Too Expensive, and Unpredictable in Pursuit of Perfect Justice, Bruce A. Green
Duquesne Law Review
Unregulated Corporate Internal Investigations: Achieving Fairness for Corporate Constituents, Bruce A. Green and Ellen S. Progdor
Boston College Law Review
Religion and Theistic Faith: On Koppelman, Leiter, Secular Purpose, and Accommodations, Abner S. Greene
Tulsa Law Review
Religion and Theistic Faith: On Koppelman, Leiter, Secular Purpose, and Accomodations, Abner S. Greene
Tulsa Law Review
State Speech and Political Liberalism, Abner S. Greene
Constitutional Commentary
What is Constitutional Obligation?, Abner S. Greene
Boston University Law Review
The Omnipresent Specter of Omnicare, Sean Griffith
Journal of Corporation Law
The Omnipresent Specter of Omnicare, Sean J. Griffith
Journal of Corporation Law
The Market for Preclusion in Merger Litigation, Sean Griffith and Alexandra D. Lahav
Vanderbilt Law Review
Introduction: A Look at Twenty Years of IP Protection and What the Future Holds, Hugh C. Hansen
Introduction: A Look at Twenty Years of IP Protection and What the Future Holds
Staging the Family, Clare Huntington
New York University Law Review
Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy, Nicholas J. Johnson
Connecticut Law Review
Shields, Swords, and Fulfilling the Exclusionary Rule's Deterrent Function, James L. Kainen
American Criminal Law Review
The Trojan Horse Revisited, Constantine N. Katsoris
Securities Arbitration Commentator
Critical Legal Studies in Intellectual Property and Information Law Scholarship, (Symposium), Sonia Katyal, Peter Goodrich, and Rebecca L. Tushnet
Cardozo Arts & Entertainment Law Journal
Trademark Cosmopolitanism, Sonia K. Katyal
U. C. Davis Law Review
Commentary, Critical Legal Theory in Intellectual Property and Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal and Peter Goodrich
Cardozo Arts & Entertainment Law Journal
Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex parte Quirin, the Nazi Saboteur Case, Andrew Kent
Vanderbilt Law Review
The New Originalism and the Foreign Affairs Constitution, Andrew Kent
Fordham Law Review
Chevron Meets Youngstown: National Security and the Administrative State, Joseph Landau
Boston University Law Review
International Law and Institutions and the American Constitution in War and Peace, Thomas Lee
Berkeley Journal of International Law
Federalism and the Eighth Amendment, Youngjae Lee
Iowa Law Review
Military Veterans, Culpability, and Blame, Youngjae Lee
Criminal Law and Philosophy
Localist Statutory Interpretation, Ethan Leib
University of Pennsylvania Law Review
Translating Fiduciary Principles into Public Law, Ethan Leib, David Ponet, and Michael Serota
Harvard Law Review Forum
The Political Morality of Voting in Direct Democracy, Ethan Leib and Michael Serota
Minnesota Law Review
According to Our Hearts and Location: Toward a Structuralist Approach to the Study of Interracial Families, Robin M. Lenhardt
Journal of Gender, Race & Justice
The Case for Decriminalization of Sex Work in South Africa, Chi Mgbako
Georgetown Journal of International Law
Review of Out in Africa: LGBT Organizing in Namibia and South Africa, Chi Adanna Mgbako
Human Rights Quarterly
U.S. Global AIDS Funding
and Its Discontents:
Why the Supreme Court
Must Strike Down the
Anti-Prostitution Pledge, Chi Adanna Mgbako
Yale Journal of International Affairs
China at the Tipping Point? The Tum Against Legal Reform, Carl Minzner
Journal of Democracy
Review of "Confucian Constitutional Order: How China’s Ancient Past Can Shape its Political Future" by Jiang Qing, Carl Minzner
China Quarterly
What Direction for Legal Reform Under Xi Jinping?, Carl Minzner
China Brief
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Fordham Law Review
Google and Search-Engine Market Power, Mark R. Patterson
Harvard Journal of Law and Technology Occasional Paper Series
The Regulation of Race in Science, Kimani Paul-Emile
George Washington Law Review
The Relational Infrastructure of Law Firm Culture and Regulation: The Exaggerated Death of Big Law, Russell G. Pearce and Eli Wald
Hofstra Law Review
Waylaid by a Metaphor: A Deeply Problematic Account of Prison Growth. Review of Plague of Prisons: The Epidemiology of Mass Incarceration in America by Ernest Drucker, John Pfaff
Michigan Law Review
Charter Schools, The Establishment Clause, and the Neoliberal Turn in Public Education, Aaron Saiger
Cardozo Law Review
The Great and Mighty Tax Law: How the Roberts Court Has Reduced Constitutional Scrutiny of Taxes and Tax Expenditures, Linda Sugin
Brooklyn Law Review
Wireless Localism: Beyond the Shroud of Objectivity in Federal Spectrum Administration, Olivier Sylvain
Michigan Telecommunications & Technology Law Review
Financial Retrenchment and Institutional Entrenchment: Will Legal Education Respond, Explode, or Just Wait It Out?, Ian Weinstein
Washington University Journal of Law & Policy
The Inner Morality of Private Law, Benjamin Zipursky
American Journal of Jurisprudence
Civil Recourse Defended: A Reply to Posner, Calabresi, Rustad, Chamallas, and Robinette, Benjamin Zipursky and John C.P. Goldberg
Indiana Law Journal
The Fraud-on-the-Market Tort, Benjamin Zipursky and John C.P. Goldberg
Vanderbilt Law Review
Submissions from 2012
Accountability and the Bureau of Consumer Financial Protection, Susan Block-Lieb
Brooklyn Journal of Corporate, Financial & Commercial Law
Distrust and Clarify: Appreciating Congressional Overrides, James J. Brudney
Texas Law Review
Envisioning Enforcement of Freedom of Association Standards in Corporate Codes: A Journey for Sinbad or Sisyphus?, James J. Brudney
Comparative Labor Law and Policy Journal
How Many Lives Has Victor Streib Saved? A Tribute, Deborah Denno
Ohio Northern University Law Review
Sports in America, John Feerick
Pace I.P. Sports & Entertainment Law Forum
The Flood of U.S. Lawyers: Natural Fluctuation or Professional Climate Change?, Bruce Green
International Journal of the Legal Profession
Foreword, Bruce A. Green
Fordham Law Review
