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 2012
Why Proportionality Matters, Youngjae Lee
University of Pennsylvania Law Review
Why Proportionality Matters, Youngjae Lee
University of Pennsylvania Law Review
Why Party Democrats Need Popular Democracy and Popular Democrats Need Parties , Ethan J. Leib and Christopher S. Elmendorf
California Law Review
A Legacy of Teaching, Robin A. Lenhardt
Columbia Journal of Race and Law Special Feature
Integrating Equal Marriage, Robin A. Lenhardt
Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits, Blakeley M. McShane, Oliver P. Watson, Sean J. Griffith, and Tom Baker
Journal of Empirical Legal Studies
Is Europe Headed down the Primrose Path with Mandatory Mediation, Jacqueline Nolan-Haley
North Carolina Journal of International Law & Commercial Regulation
Leveraging Information about Patents: Settlements, Portfolios, and Holdups, Mark R. Patterson
Houston Law Review
Must Licenses Be Contracts? Consent and Notice in Intellectual Property, Mark R. Patterson
Florida State University Law Review
Patient Racial Preferences and the Medical Culture of Accommodation, Kimani Paul-Emile
UCLA Law Review
The Virtue of Low Barriers to Becoming a Lawyer: Promoting Liberal and Democratic Values [with Sinna Nasseri], Russell G. Pearce and Sinna Nasseri
International Journal of the Legal Profession
Rethinking Lawyer Regulation: How a Relational Approach Would Improve Professional Rules and Roles, Russell G. Pearce and Eli G. Wald
Michigan State Law Review
The Micro and Macro Causes of Prison Growth, John F. Pfaff
Georgia State University Law Review
Libya: A multilateral Constitutional Moment?, Catherine Powell
The American Journal of International Law
Changing the Conversation in Education Law: Political Geography and Virtual Schooling Book Review Essay, Aaron J. Saiger
Journal of Law & Education
Religious Consumers and Institutional Challenges to American Public Schools, Aaron J. Saiger
Journal of Law, Religion, and State
How Collective Settlements Camouflage the Costs of Shareholder Lawsuits, Richard Squire
Duke Law Journal
The Twelfth Annual Albert A. DeStefano Lecture on Corporate, Securities & Financial Law at the Fordham Corporate Law Center, James B. Steward and Constantine N. Katsoris
Broadband Localism, Olivier Sylvain
Ohio State Law Journal
Making Good Lawyers, Eli Wald and Russell G. Pearce
University of St. Thomas Law Journal
Palsgraf, Punitive Damages, and Preemption, Benjamin C. Zipursky
Harvard Law Review
Submissions from 2011
Reforming Regulation in the Markets for Home Loans, Susan Block-Lieb and Edward J. Janger
Lawyering in a Vacuum, James A. Cohen
Seton Hall Law Review
Fostering Regionalism: Comment on "The Promise and Perils of 'New Regionalist' Approaches to Sustainable Communities", Nestor M. Davidson
Judicial Takings and State Action: Rereading Shelley after Stop the Beach Renourishment The Very Idea of Judicial Takings, Nestor M. Davidson
Duke Journal of Constitutional Law & Public Policy
Property's Morale , Nestor M. Davidson
Michigan Law Review
Courts' Increasing Consideration of Behavioral Genetics Evidence in Criminal Cases: Results of a Longitudinal Study, Deborah W. Denno
Michigan State Law Review
Civil Procedure and the Legal Profession , Howard M. Erichson
Consent v. Closure, Howard M. Erichson and Benjamin C. Zipursky
Cornell Law Review
Judge Denny Chin: A Student of the Law, John D. Feerick
Collective Action and the Urban Commons, Sheila R. Foster
Notre Dame Law Review
Taming or Protecting the Modern Corporation? Shareholder-Stakeholder Debates in a Comparative Light, Martin Gelter
NYU Journal of Law and Business
Introduction: A Tribute to Jean-Claude Piris, Director-General of the Legal Service of the Council of the European Union, Roger J. Goebel
The European Union and the Treaty of Lisbon, Roger J. Goebel
Developing Standards of Conduct for Prosecutors and Criminal Defense Lawyers, Bruce A. Green
Hastings Law Journal
Legal Ethics Scholarship of Ted Schneyer: The Importance of Being Rigorous, The Festschrift for Ted Schneyer Lawyer Regulation for the 21st Century: Foreword, Bruce A. Green
Arizona Law Review
Prosecutors' Ethical Duty of Disclosure in Memory of Fred Zacharias , Bruce A. Green
San Diego Law Review
Obama Tax Reforms are Misguided, Constantine N. Katsoris
The Hill
What happened to the "up-tick" rule?, Constantine N. Katsoris
The Hill
Boumediene, Munaf, and the Supreme Court's Misreading of the Insular Cases , Andrew Kent
Iowa Law Review
Confidentiality Explained: The Dialogue Approach to Discussing Confidentiality with Clients, Elisia M. Klinka and Russell G. Pearce
San Diego Law Review
Work Friends: A Commentary on Laura Rosenbury's Working Relationships, Ethan J. Leib
Washington University Journal of Law & Policy
Localities as Equality Innovators, Robin A. Lenhardt
Stanford Journal of Civil Rights & Civil Liberties
Foreword: Root Causes of the Pro Se Prisoner Litigation Crisis, Michael W. Martin
Witchcraft Accusations and Human Rights: Case Studies from Malawi, Chi Adanna Mgbako and Katherine Glenn
George Washington International Law Review
China's Turn Against Law, Carl F. Minzner
American Journal of Comparative Law
Patent Settlements, Risk, and Competition, Mark R. Patterson
The Myths and Realities of Correctional Severity: Evidence from the National Corrections Reporting Program on Sentencing Practices, John F. Pfaff
American Law & Economics Review
Fiduciary Law's Lessons for Deliberative Democracy, David L. Ponet and Ethan J. Leib
Boston University Law Review
Revolution and Intervention in the Middle East, Catherine Powell
Proceedings of the Annual Meeting
Intraportfolio Litigation Essay, Amanda M. Rose and Richard Squire
Northwestern University Law Review
Obama's "Czars" for Domestic Policy and the Law of the White House Staff, Aaron J. Saiger
Strategic Liability in the Corporate Group , Richard Squire
University of Chicago Law Review
Tax Expenditures, Reform, and Distributive Justice , Linda Sugin
Columbia Journal of Tax Law
In Honor of Roger J. Goebel, Joseph C. Sweeney
Historical Roots of Citizens United vs. FEC: How Anarchists and Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Harvard Law and Policy Review
The Unenforceable Corrupt Contract: Corruption and Nineteenth Century Contract Law, Zephyr Teachout
New York University Review of Law & Social Change
Submissions from 2010
Canon Shortfalls and the Virtues of Political Branch Interpretive Assets Tribute Issue in Honor of Philip P. Frickey: Festschrift, James J. Brudney
California Law Review
Confirmatory Legislative History , James J. Brudney
Brooklyn Law Review
Gathering Moss: The NRLA's Resistance to Legislative Change , James J. Brudney
ABA Journal of Labor & Employment Law
Reluctance and Remorse: The Covenant of Good Faith and Fair Dealing with American Employment Law Good Faith and Fair Dealing in the Individual Employment Relationship, James J. Brudney
Comparative Labor Law & Policy Journal
Property in Crisis, Nestor M. Davidson and Rashmi Dyal-Chand
Neuroscience, Cognitive Psychology, and the Criminal Justice System, Deborah W. Denno
Ohio State Journal of Criminal Law
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
DePaul Law Review
Presidential Succession and Inability: Before and After the Twenty-Fifth Amendment, John D. Feerick
Response to Akhil Reed Amar's Address on Applications and Implications of the Twenty-Fifth Amendment, John D. Feerick
Houston Law Review
Strengthening Labor Standards Enforcement through Partnerships with Workers’ Organizations, Janice Fine and Jennifer Gordon
Politics & Society
The Market for Odious Debt, Caroline M. Gentile
Law and Contemporary Problems
Torts as Wrongs, John C.P. Goldberg and Benjamin C. Zipursky
Texas Law Review
People are Not Bananas: How Immigration Differs from Trade, Jennifer Gordon
Northwestern University Law Review
Speech Platforms Law Review Symposium 2010: Government Speech: The Government's Ability to Compel and Restrict Speech, Abner S. Greene
Case Western Reserve Law Review
Employment Discrimination in the Ethnically Diverse Workplace, Tanya K. Hernandez
Judges' Journal
Hate Speech and the Language of Racism in Latin America: A Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models, Tanya K. Hernandez
University of Pennsylvania Journal of International Law
Value of Intersectional Comparative Analysis to the Post-Racial Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study, The Commentary: Critical Race Theory: A Commemoration: Response, Tanya K. Hernandez
Connecticut Law Review
Feminism as Liberalism: A Tribute to the Work of Martha Nussbaum Symposium: Honoring the Contributions of Professor Martha Nussbaum to the Scholarship and Practice of Gender and Sexuality Law: Feminism and Liberalism, Tracy E. Higgins
Columbia Journal of Gender and Law
Embracing the Affective Family, Clare Huntington
Harvard Journal of Law and Gender
Purple Haze (Book Review), Clare Huntington
Michigan Law Review
Administering the Second Amendment: Law, Politics, and Taxonomy , Nicholas J. Johnson
Santa Clara Law Review
Stealth Marketing and Antibranding: The Love that Dare Not Speak Its Name , Sonia K. Katyal
Buffalo Law Review
Deontology, Political Morality, and the State Symposium: Political Theory and Criminal Punishment, Youngjae Lee
Ohio State Journal of Criminal Law
Desert, Deontology, and Vengeance First Annual Edward J. Shoen Leading Scholars Symposium: Paul H. Robinson, Youngjae Lee
Arizona State Law Journal
Purposes of Punishment Test, The Commentary on Graham v. Sullivan, Youngjae Lee
Federal Sentencing Reporter
The Costs of Consensus in Statutory Construction, Ethan J. Leib and Michael Serota
Yale Law Journal Online
Race Audits, Robin A. Lenhardt
Hastings Law Journal
Current Issues in Judicial Disqualifications Symposium 2011, Michael W. Martin
Review of Litigation
Forced Eviction and Resettlement in Cambodia: Case Studies from Phnom Penh, Chi Adanna Mgbako, Rijie Ernie Gao, Elizabeth Joynes, Anna Cave, and Jessica Mikhailevich
Washington University Global Studies Law Review
Penetrating the Silence in Sierra Leone: A Blueprint for the Eradication of Female Genital Mutilation, Chi Adanna Mgbako, Meghna Saxena, Anna Cave, Nasim Farjad, and Helen Shin
Harvard Human Rights Journal
Non-Network Barriers to Network Neutrality, Mark R. Patterson
Standardization of Standard-Form Contracts: Competition and Contract Implications, Mark R. Patterson
William and Mary Law Review
The Durability of Prison Populations, John F. Pfaff
University of Chicago Legal Forum
Philosophical Objection to the Optimal Tax Model, A , Linda Sugin
Tax Law Review
Internet Governance and Democratic Legitimacy, Olivier Sylvain
Federal Communications Law Journal
You Do Have to Keep Your Promises: A Disgorgement Theory of Contract Remedies, Steve Thel and Peter Siegelman
William and Mary Law Review
Integrity and the Incongruities of Justice: A Review of Daniel Markovits, A Modern Legal Ethics, Benjamin C. Zipursky
Yale Law Journal
The Easy Case for Products Liability: A Response to Polinsky & Shavell, Benjamin C. Zipursky and John C.P. Goldberg
Harvard Law Review
Submissions from 2009
Collateral Conflict: Employer Claims of RICO Extortion against Union Comprehensive Campaign , James J. Brudney
Southern California Law Review
Private Injuries, Public Policies: Adjusting the NLRB's Approach to Backpay Remedies Symposium: Whither the Board: The National Labor Relations Board at 75, James J. Brudney
FIU Law Review
Supreme Court as Interstitial Actor: Justice Ginsburg's Eclectic Approach to Statutory Interpretation Symposium: The Jurisprudence of Justice Ruth Bader Ginsberg: A Discussion of Fifteen Years on the U.S. Supreme Court, James J. Brudney
Ohio State Law Journal
The Warp and Woof of Statutory Interpretation: Comparing Supreme Court Approaches in Tax Law and Workplace Law, James J. Brudney and Corey Distlear
Duke Law Journal
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
George Mason Law Review
