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
Encouraging Engaged Scholarship: Perspectives from an Associate Dean for Research, Sonia K. 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 Landau
William and Mary Law Review
The Law of War and the Responsibility to Protect Civilians: A Reinterpretation, Thomas H. 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 H. 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
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 Nolan-Haley and James Kwasi Annor-Ohene
Harvard Negotiation Law Review Online
Symposium on the Challenges of Electronic Evidence, Panel Discussion
Looking at Credit-Rating Agencies Through a Leegin Lens, Mark R. Patterson
CPI Antitrust Chronicle
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 F. 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
Privacy in Public, Joel R. Reidenberg
University of Miami Law Review
The Data Surveillance State in Europe and the United States, Joel R. Reidenberg
Wake Forest 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 H. Shugerman
Stanford Law Review
Clearinghouses as Liquidity Partitioning, Richard 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
What’s Love Got to do with Lawyers? Thoughts on Relationality, Love, and Lawyers’ Work, Eli Wald and Russell G. Pearce
Georgetown Journal of Legal Ethics
Submissions from 2013
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 J. 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 M. 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 R. 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 M. 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
Risk-shifting Through Issuer Liability and Corporate Monitoring, Martin Gelter
European Business Organization Law Review
The Pension System and the Rise of Shareholder Primacy, Martin Gelter
Seton Hall Law Review
Language, Legal Origins, and Culture before the Courts: Cross-Citations between Supreme Courts in Europe, Martin Gelter and Mathias M. Siems
Supreme Court Economic Review
Supranational? Federal? Intergovernmental? The Governmental Structure of the European Union After the Treaty of Lisbon, Roger J. Goebel
Columbia Journal of European Law
The Fraud-on-the-Market Tort, John C.P. Goldberg and Benjamin C. Zipursky
Vanderbilt Law Review
Federal Criminal Discovery Reform: A Legislative Approach, Bruce A. Green
Mercer Law Review
Gideon’s Amici, Why Do Prosecutors So Rarely Defend the Rights of the Accused?, Bruce A. Green
Yale Law Journal
Lawyers’ Professional Independence: Overrated or Undervalued?, Bruce A. Green
Akron Law Review
The Attorney-Client Privilege – Selective Compulsion, Selective Waiver and Selective Disclosure: Is Bank Regulation Exceptional?, Bruce A. Green
Journal of the Professional Lawyers
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 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 J. Griffith
Journal of Corporation Law
The Market for Preclusion in Merger Litigation, Sean J. Griffith and Alexandra D. Lahav
Vanderbilt Law Review
Who Governs? Delegations in Global Trade Lawmaking, Terence C. Halliday, Josh Pacewicz, and Susan Block-Lieb
Regulation & Governance
Introduction: A Look at Twenty Years of IP Protection and What the Future Holds, Hugh C. Hansen
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
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
Critical Legal Studies in Intellectual Property and Information Law Scholarship, (Symposium), Sonia K. Katyal, Peter Goodrich, and Rebecca L. Tushnet
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
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 H. 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
What is Philosophy of Criminal Law?, Youngjae Lee
Criminal Law & Philosophy
Localist Statutory Interpretation, Ethan J. Leib
University of Pennsylvania Law Review
A Fiduciary Theory of Judging, Ethan J. Leib, David L. Ponet, and Michael Serota
California Law Review
Translating Fiduciary Principles into Public Law, Ethan J. Leib, David L. Ponet, and Michael Serota
Harvard Law Review Forum
According to Our Hearts and Location: Toward a Structuralist Approach to the Study of Interracial Families, Robin A. Lenhardt
Journal of Gender, Race & Justice
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
The Case for Decriminalization of Sex Work in South Africa, Chi Adanna Mgbako, Katherine G. Bass, Erica Bundra, Mehak Jamil, Jere Keys, and Lauren Melkus
Georgetown Journal of International Law
China at the Tipping Point? The Tum Against Legal Reform, Carl F. Minzner
Journal of Democracy
Review of "Confucian Constitutional Order: How China’s Ancient Past Can Shape its Political Future" by Jiang Qing, Carl F. Minzner
China Quarterly
What Direction for Legal Reform Under Xi Jinping?, Carl F. Minzner
China Brief
Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent, Jacqueline Nolan-Haley
Arbitration Law Review
Panel Discussion: Reinvigorating Rule 502, Panel Discussion
Google and Search-Engine Market Power, Mark R. Patterson
Harvard Journal of Law and Technology Occasional Paper Series
Who Is Responsible for Libor Rate-Fixing?, Mark R. Patterson
HLS Forum on Corporate Governance and Financial Reg.
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 F. Pfaff
Michigan Law Review
Charter Schools, The Establishment Clause, and the Neoliberal Turn in Public Education, Aaron J. Saiger
Cardozo Law Review
The Political Morality of Voting in Direct Democracy, Michael Serota and Ethan J. Leib
Minnesota 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
