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 2010
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
Reconciling People and Place in Housing and Community Development Policy Essay, Nestor M. Davidson
Georgetown Journal on Poverty Law & Policy
Values and Value Creation in Public-Private Transactions , Nestor M. Davidson
Iowa Law Review
When Willie Francis Died: The ‘‘Disturbing’’ Story Behind One of the Eighth Amendment’s Most Enduring Standards of Risk, Deborah W. Denno
Death Penalty Stories
Consciousness and Culpability in American Criminal Law, Deborah W. Denno
Waseda Proceedings of Comparative Law
Foreword: Reflections on the Adjudication-Settlement Divide, Howard M. Erichson
Trouble with All-or-Nothing Settlements, The Symposium: Aggregate Justice: Perspectives Ten Years after Amchem and Ortiz, Howard M. Erichson
University of Kansas Law Review
Dean Mary Daly: A Eulogy, John D. Feerick
Dark Side of Shareholder Influence: Managerial Autonomy and Stakeholder Orientation in Comparative Corporate Governance , Martin Gelter
Harvard International Law Journal
The subordination of Shareholder Loans in Bankruptcy, Martin Gelter
International Review of Law and Economics
Tilting the Balance Between Capital and Labor? The Effects of Regulatory Arbitrage in European Corporate Law on Employees, Martin Gelter
Introduction: In Honor of Gordon Slynn, U.K. Law Lord and Judge of the EC Court of Justice, Roger J. Goebel
Beyond Training Prosecutors about their Disclosure Obligations: Can Prosecutors' Offices Learn from their Lawyers' Mistakes Symposium: New Perspectives on Brady and Other Disclosure Obligations: What Really Works, Bruce A. Green
Cardozo Law Review
Ethically Representing a Lying Cooperator: Disclosure as the Nuclear Deterrent, Bruce A. Green
Ohio State Journal of Criminal Law
Regulating Federal Prosecutors: Let There Be Light, Bruce A. Green
The Yale Law Journal Pocket Part
Remembering Mary C. Daly: A Legal Ethicist Par Excellence, Bruce A. Green
St. John's Law Review
(Mis)Attribution Symposium: Government Speech, Abner S. Greene
Denver University Law Review
Emotional State and Localized Norms: A Reply, Clare Huntington
Emory Law Journal
Familial Norms and Normality Colloquium Celebrating 25th Anniversary of Feminism and Legal Theory Project, Clare Huntington
Emory Law Journal
Case for a Constitutional Definition of Hearsay: Requiring Confrontation of Testimonial, Nonassertive Conduct and Statements Admitted to Explain an Unchallenged Investigation, The, James L. Kainen and Carrie A. Tendler
Marquette Law Review
Dissident Citizen, The Symposium: Sexuality & Gender Law: Assessing the Field, Envisioning the Future, Sonia K. Katyal
UCLA Law Review
Trademark Intersectionality , Sonia K. Katyal
UCLA Law Review
Constitution and the Laws of War during the Civil War, The Federal Courts, Practice & Procedure, Andrew Kent
Notre Dame Law Review
Muscular Procedure: Conditional Deference in the Executive Detention Cases, Joseph Landau
Washington Law Review
The Defense of Necessity and Powers of the Government, Youngjae Lee
Criminal Law and Philosophy
Contracts and Friendships, Ethan J. Leib
Emory Law Journal
The Lawyer's Role in a Contemporary Democracy, Tensions Between Various Conceptions of the Lawyer's Role, Rethinking the Legal Reform Agenda: Will Raising the Standards for Bar Admission Promote or Undermine Democracy, Human Rights, and Rule of Law?, Samuel J. Levine and Russell G. Pearce
Rethinking Criminal Law and Family Status , Dan Markel, Ethan J. Leib, and Jennifer M. Collins
Yale Law Journal
Sex Work and Human Rights in Africa, Chi Mgbako and Laura A. Smith
Judicial Disciplinary Systems for Incorrectly Decided Cases: The Imperial Chinese Heritage Lives On, Carl F. Minzner
New Mexico Law Review
Riots and Cover-Ups: Counterproductive Control of Local Agents in China, Carl F. Minzner
University of Pennsylvania Journal of International Law
Mediation Exceptionality, Jacqueline Nolan-Haley
Making Sense of Drug Regulation: A Theory of Law for Drug Control Policy , Kimani Paul-Emile
Cornell Journal of Law and Public Policy
Future of Appellate Sentencing Review: Booker in the States, The Symposium: Criminal Appeals: Sentencing Appeals, John F. Pfaff
Marquette Law Review
Shareholder Opportunism in a World of Risky Debt , Richard Squire
Harvard Law Review
Lifting the Museum's Burden from the Backs of the University: Should the Art Collection Be Treated as Part of the Endowment Symposium: Tax-Exempt Organizations and the State: New Conditions on Exempt Status, Linda Sugin
New England Law Review
Extraterritorial Electioneering and the Globalization of American Elections, Zephyr Teachout
Berkeley Journal of International Law
The Duty to Avoid Wrongful Convictions: A Thought Experiment in the Regulation of Prosecutors, Fred C. Zacharias and Bruce A. Green
Boston University Law Review
Submissions from 2008
How the Merits Matter: Directors' and Officers' Insurance and Securities Settlements, Tom Baker and Sean J. Griffith
University of Pennsylvania Law Review
Liberal Justices' Reliance on Legislative History, James J. Brudney and Corey Distlear
Berkeley Journal of Employment and Labor Law
In Defense of Property , Kristen A. Carpenter, Sonia K. Katyal, and Angela R. Riley
Yale Law Journal
Some Realism About Bar Associations, Elizabeth Chambliss and Bruce A. Green
DePaul Law Review
Human Rights in the United States Human Rights in the United States: A Special Issue Celebrating the 10th Anniversary of the Human Rights Institute at Columbia Law School: Foreword, Sarah Cleveland and Catherine Powell
Columbia Human Rights Law Review
Punishing Family Status , Jennifer M. Collins, Ethan J. Leib, and Dan Markel
Boston University Law Review
Problem of Equality in Takings, The , Nestor M. Davidson
Northwestern University Law Review
Property and Relative Status , Nestor M. Davidson
Michigan Law Review
Standardization and Pluralism in Property Law , Nestor M. Davidson
Vanderbilt Law Review
Vertical Learning: On Baker and Rodriguez's "Constitutional Home Rule and Judicial Scrutiny", Nestor M. Davidson
Denver University Law Review
Introduction: Symposium: The Lethal Injection Debate: Law and Science, Deborah W. Denno
Fordham Urban Law Journal
Physicians and Execution: Highlights from a Discussion of Lethal Injection, Deborah W. Denno
New England Journal of Medicine
The Antitrust Aspects of Bank Mergers - Introduction, Carl Felsenfeld
Is There a Dual Banking System , Carl Felsenfeld and Genci Bilali
Journal of Business, Entrepreneurship and the Law
The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, Martin Gelter
Hastings International & Comparative Law Review
Joseph Sweeney: Scholar, Teacher, Pillar of the Fordham Law School Community, Roger J. Goebel
The Transatlantic Divergence in Legal Thought: American Law and Economics vs. German Doctrinalism, The, Kristoffel Grechenig and Martin Gelter
Hastings International and Comparative Law Review
Public Service Must Begin at Home: The Lawyer as Civics Teacher in Everyday Practice, Bruce A. Green and Russell Pearce
William and Mary Law Review
Gender and Nation-Building: Family Law as Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles and Essays, Tracy E. Higgins and Rachel P. Fink
Maine Law Review
Happy Families - Translating Positive Psychology into Family Law, Clare Huntington
Virginia Journal of Social Policy & the Law
The Constitutional Dimension of Immigration Federalism, Clare Huntington
Vanderbilt Law Review
Imagining Gun Control in America: Understanding the Remainder Problem Article and Essay, Nicholas J. Johnson
Wake Forest Law Review
Securities Arbitrators Do Not Grow On Trees, Constantine N. Katsoris
Filtering, Piracy Surveillance and Disobedience , Sonia K. Katyal
Columbia Journal of Law and the Arts
Civil War in the U.S. Foreign Relations Law: A Dress Rehearsal for Modern Transformations, The The Use and Misuse of History in U.S. Foreign Relations Law, Thomas H. Lee
St. Louis University Law Journal
Desert and the Eighth Amendment Symposium: Cruel and Unusual Punishment: Litigating under the Eighth Amendment, Youngjae Lee
University of Pennsylvania Journal of Constitutional Law
Recidivism as Omission: A Relational Account , Youngjae Lee
Texas Law Review
Friends as Fiduciaries, Ethan J. Leib
Washington University Law Review
Voluntarism, Vulnerability, and Criminal Law: A Response to Professors Hills and O'Hear , Ethan J. Leib, Dan Markel, and Jennifer M. Collins
Boston University Law Review
Democratic Principle and Electoral College Reform, Ethan J. Leib and Eli J. Mark
Michigan Law Review First Impressions
Beyond Analogy: Perez v. Sharp, Antimiscegenation Law, and the Fight for Same-Sex Marriage, Robin A. Lenhardt
California Law Review
Forty Years of Loving: Confronting Issues of Race, Sexuality, and the Family in the Twenty-First Century, Introduction, Robin A. Lenhardt, Elizabeth B. Cooper, Sheila R. Foster, and Sonia K. Katyal
Silencing the Ethiopian Courts: Non-Judicial Constitutional Review and its Impact on Human Rights, Chi Mgbako, Sarah Braasch, Aron Degol, Melisa Morgan, Felice Segura, and Teramed Tezera
The Empirics of Prison Growth: A Critical Review and Path Forward, John F. Pfaff
Journal of Criminal & Criminology
International Law and the Constitution: Terms of Engagement, Foreword, Catherine Powell
Introduction, Joel R. Reidenberg
The Case for Symmetry in Creditors' Rights, Richard Squire
Yale Law Journal
Anti-Corruption Principle, The, Zephyr Teachout
Cornell Law Review
Wilfulness versus Expectation: A Promise-Based Defense of Wilfull Breach Doctrine, Steve Thel and Peter Siegelman
Michigan Law Review
Judicial Power and Moral Ideology in Wartime: Shaping the Legal Process in World War I Britain , Rachel Vorspan
Oregon Law Review
Submissions from 2007
Predicting Corporate Governance Risk: Evidence from the Directors' & Officers' Liability Insurance Market, Tom Baker and Sean J. Griffith
University of Chicago Law Review
The Missing Monitor in Corporate Governance:The Directors’& Officers’ Liability Insurer, Tom Baker and Sean J. Griffith
The Georgetown Law Journal
Below the Surface: Comparing Legislative History Usage by the House of Lords and the Supreme Court , James J. Brudney
Washington University Law Review
Intentionalism's Revival , James J. Brudney
San Diego Law Review
Ethics and Evidence, Introduction, Daniel J. Capra
Constraining Dominant Shareholders' Self-dealing: The Legal Framework in France, Germany, and Italy , Pierre-Henri Conac, Luca Enriques, and Martin Gelter
European Company and Financial Law Review
Cooperative Localism: Federal-Local Collaboration in an Era of State Sovereignty , Nestor M. Davidson
Virginia Law Review
Cooperative Localism: Federal-Local Collaboration in an Era of State Sovereignty Part II: Federalism, Nestor M. Davidson
Virginia Law Review
Rights as a Functional Guide for Service Provision in Homeless Advocacy Creating Healthy Communities: Ending Homelessness, Nestor M. Davidson
Saint Louis University Public Law Review
The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty, Deborah W. Denno
