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 2008
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
Cafa's Impact on Class Action Lawyers Symposium: Fairness to Whom - Perspectives on the Class Action Fairness Act of 2005, Howard M. Erichson
University of Pennsylvania Law Review
Charles M. Whelan: A Life in the Service of Others, John D. Feerick
Integrative Lawyering: Navigating the Political Economy of Urban Redevelopment Symposium: Race, Economic Justice, and Community Lawyering in the New Century, Sheila R. Foster
California Law Review
Economic Governance in the European Union: Should Fiscal Stability Outweigh Economic Growth in the Stability and Growth Pact?, Roger J. Goebel
Fifty Years of European Community Law , Roger J. Goebel
The Lawyer Is Not the Protagonist: Community Campaigns, Law, and Social Change, The Symposium: Race, Economic Justice, and Community Lawyering in the New Century: Concluding Essay, Jennifer Gordon
California Law Review
Citizenship Talk: Bridging the Gap Between Immigration and Race Perspectives, Jennifer Gordon and Robin A. Lenhardt
Rethinking Work and Citizenship, Jennifer Gordon and Robin A. Lenhardt
UCLA Law Review
Criminal Defense Lawyering at the Edge: A Look Back Lawyering at the Edge: Unpopular Clients, Difficult Cases, Zealous Advocates, Bruce A. Green
Hofstra Law Review
The Market for Bad Legal Scholarship: William H. Simon's Experiment in Professional Regulation, The, Bruce A. Green
Stanford Law Review
The Fit Dimension, Abner S. Greene
Latino Inter-Ethnic Employment Discrimination and the Diversity Defense, Tanya K. Hernandez
Harvard Civil Rights-Civil Liberties Law Review
Do You See What I See - Reflections on How Bias Infiltrates the New York City Family Court - The Case of the Court Ordered Investigation, Leah A. Hill
Columbia Journal of Law and Social Problems
Repairing Family Law, Clare Huntington
Duke Law Journal
Truth, Deterrence, and the Impeachment Exception , James L. Kainen
Oregon Law Review
A Tribute to the Fordham Judiciary: A Century of Service, Constantine N. Katsoris
A Textual and Historical Case against a Global Constitution, Andrew Kent
Georgetown Law Journal
Congress’s Under-Appreciated Power to Define and Punish Offenses against the Law of Nations, Andrew Kent
Texas Law Review
International Consensus as Persuasive Authority in the Eighth Amendment, Youngjae Lee
University of Pennsylvania Law Review
Valuing Autonomy, Youngjae Lee
A Comparison of Criminal Jury Decision Rules in Democratic Countries, Ethan J. Leib
Ohio State Journal of Criminal Law
The Perpetual Anxiety of Living Constitutionalism, Ethan J. Leib
Constitutional Commentary
Why Supermajoritarianism Does Not Illuminate the Interpretive Debate between Originalists and Non-Originalists, Ethan J. Leib
Northwestern University Law Review
Criminal Justice and the Challenge of Family Ties, Dan Markel and Ethan J. Leib
University of Illinois Law Review
We Will Still Live: Confronting Stigma and Discrimination Against Women Living With HIV/AIDS in Malawi, Chi Mgbako, Tracy E. Higgins, and Jeanmarie Fenrich
Consent in Mediation , Jacqueline Nolan-Haley
Dispute Resolution Magazine
Finding Interior Peace in the Ordinary Practice of Law: Wisdom from the Spiritual Tradition of St. Teresa of Avila, Jacqueline Nolan-Haley
The Journal of Catholic Legal Studies
Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives on Alternative Dispute Resolution, Jacqueline Nolan-Haley
St. John's Law Review
Contractual Expansion of the Scope of Patent Infringement through Field-of-Use Licensing, Mark R. Patterson
William and Mary Law Review
Property Outlaws, Eduardo Moises Peñalver and Sonia K. Katyal
University of Pennsylvania Law Review
Tinkering with Torture in the Aftermath of Hamdan: Testing the Relationship between Internationalism and Constitutionalism , Catherine Powell
New York University Journal of International Law and Politics
Practitioner's View: Clients at Guantanamo, Martha Rayner
New York City Law Review
Introduction, Joel R. Reidenberg
Fordham Intellectual Property, Media & Entertainment Law Journal
The Rule of Intellectual Property Law in the Internet Economy, Joel R. Reidenberg
Houston Law Review
School Choice and States' Duty to Support Public Schools , Aaron J. Saiger
Boston College Law Review
Unrecognized Right of Criminal Defendants to Admit Their Own Pretrial Statements, The , Stephen A. Saltzburg and Daniel J. Capra
William and Mary Law Review
Introduction: New Dimensions of Cultural Property, Susan Scafidi
Introduction Symposium: Nonprofit Law, Economic Challenges, And the Future of Charities: Introduction, Linda Sugin
Fordham Law Review
Nonprofit Law, Economic Challenges, and the Future of Charities: Introduction, Linda Sugin
Resisting the Corporatization of Nonprofit Governance: Transforming Obedience into Fidelity., Linda Sugin
Resisting the Corporatization of Nonprofit Governance: Transforming Obedience into Fidelity Symposium: Nonprofit Law, Economic Challenges, and the Future of Charities: Panel IV: The Increasing Resemblance of Nonprofit and Business Organizations Law, Linda Sugin
Fordham Law Review
Free Writing, Steve Thel
Journal of Corporation Law
Minimalism, Perfectionism, and Common Law Constitutionalism: Reflections on Sunstein's and Fleming's Efforts to Find the Sweet Spot in Constitutional Theory, Benjamin C. Zipursky
Sleight of Hand, Benjamin C. Zipursky
William & Mary Law Review
Submissions from 2006
Welcome and Opening Remarks Work/Life Conflict in the Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, and Tanya Kateri Hernandez
Women's Rights Law Reporter
The Missing Monitor in Corporate Governance: The Directors' & Officers' Liability Insurer, Tom Baker and Sean J. Griffith
Georgetown Law Journal
Recrafting a Trojan Horse: Thoughts on Workplace Governance in Light of Recent British Labor law Developments , James J. Brudney
Comparative Labor Law & Policy Journal
Supremacy and Diplomacy: The International Law of the U.S. Supreme Court, Harlan G. Cohen
Berkeley Journal of International Law
Global Collaboration in Law Schools: Lessons to Learn, Elizabeth B. Cooper
Relational Contracts in the Privatization of Social Welfare: The Case of Housing, Nestor M. Davidson
Yale Law & Policy Review
Death Bed, Deborah W. Denno
TriQuarterly Journal
Revisiting the Legal Link between Genetics and Crime, Deborah W. Denno
Law and Contemporary Problems
The Scientific Shortcomings of Roper v. Simmons, Deborah W. Denno
Ohio State Journal of Criminal Law
How the Old World Encountered the New One: Regulatory Competition and Cooperation in European Corporate and Bankruptcy Law , Luca Enriques and Martin Gelter
Tulane Law Review
Court-Ordered Confidentiality in Discovery Symposium: Secrecy in Litigation: I: Article, Howard M. Erichson
Chicago-Kent Law Review
Check Clearing for the 21st Century Act - A Wrong Turn in the Road to Improvement of the U.S. Payments System, The , Carl Felsenfeld and Genci Bilali
Nebraska Law Review
City as an Ecological Space: Social Capital and Urban Land Use, The , Sheila R. Foster
Notre Dame Law Review
A Tribute to Judge Bo Vesterdorf, Roger J. Goebel
Seeing Tort Law From the Internal Point of View: Holmes and Hart on Legal Duties, John C.P. Goldberg and Benjamin C. Zipursky
Transnational Labor Citizenship, Jennifer Gordon
Southern California Law Review
Taking Cues: Inferring Legality from Others' Conduct, Bruce A. Green
Permissive Rules of Professional Conduct, Bruce A. Green and Fred C. Zacharias
Minnesota Law Review
Against Interpretive Obligation (To the Supreme Court), Abner S. Greene
Apparent Consistency of Religion Clause Doctrine, The The Rehnquist Court and the First Amendment, Abner S. Greene
Washington University Journal of Law and Policy
The Missing Step of Textualism, Abner S. Greene
Constitutional Chicken Soup, Tracy E. Higgins
Gender Equality and Customary Marriage: Bargaining in the Shadow of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, and Ziona Tanzer
Mutual Dependency in Child Welfare, Clare Huntington
Notre Dame Law Review
Roadmap to Securities ADR, Constantine N. Katsoris
Performance, Property, and the Slashing of Gender in Fan Fiction , Sonia K. Katyal
American University Journal of Gender, Social Policy & the Law
Countermajoritarian Federalism, Thomas H. Lee
Safe-Conduct Theory of the Alien Tort Statute, The, Thomas H. Lee
Columbia Law Review
Can Direct Democracy Be Made Deliberative?, Ethan J. Leib
Buffalo Law Review
