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Faculty and Scholarship

Business Law Scholarship (2013-2014)

Fordham Law School Business Law faculty are prominent scholars, well recognized and respected for the clarity, depth and scope of their research and writing, and frequent participants in national and international conferences.
In 2013‐2014, Fordham Business Law Faculty published twenty‐one (21) papers, books and chapters in books, with an additional fifteen (15) forthcoming and accepted for publication.  Professor Martin Gelter publishes his scholarship in German and French in addition to English. Business Law Faculty participated in twenty‐three (23) US and International Conferences where they presented current research.

A selction of published research follows:

Faculty Awards and Recognitions
Susan Block‐Lieb
won Best Prize for her co‐authored article published in Regulation and Governance (Volume 7, 2013), “Who Governs? Delegations and delegates in global trade lawmaking”

“Who Governs? Delegation and Delegates in Global Trade Lawmaking” by Terence Halliday, Josh Pacewicz, and Susan Block-Lieb is an original piece that carefully examines who really sets global norms on trade and commercial law at the most prominent trade law legislature, the UN Commission on International Trade Law (UNICTRAL). The research is based on ten years of fieldwork, interviews, and data-collection on delegation and delegate attendance on one central UNICTRAL working group. UNICTRAL’s public face accords with global norms of democratic governance. The reality about rule-making is quite different. Halliday, Pacewicz, and Block-Lieb strikingly find that only a tiny and largely unrepresentative set of state and non-state actors have meaningfully been involved in writing the law. The analysis is neat and novel, the empirical work very impressive, and the findings are highly consequential for global governance debates.

Richard Squire was the Joseph P. Cunningham Visiting Professor of Commercial and Insurance Law at Columbia Law School (Fall 2013)

Faculty Research

Aditi Bagchi

• Article “Parallel Contract” will be published in the University of Pittsburgh Law Review.  This was earlier presented at the Association of American Law Schools Annual Meeting -- Section on Contract, Regulating for Decent Work conference at the International Labor Organization, Georgetown Law School workshop on Contract and Promise and UCLA Legal Theory workshop.
Conferences and Presentations:

• Presented my partial draft of “The Political Economy of Contract Regulation” at the University of Colorado Law School Junior Business Law Colloquium (July 2012), the 2012 Labor and Employment Law Colloquium (September 2012) and the International and Comparative Junior Scholar Workshop at Columbia Law School (March 2013). 
• Presented comments on Margaret Jane Radin’s Boilerplate at a conference at the University of Toronto (April 2013) and a short paper based on those comments (about 3,000 words) will be published as part of a symposium in the Canadian Business Law Journal. 
• Attended a book workshop (April 2013)  on Fabrizio Cafaggi’s manuscript “Governance without Borders: Transnational Private Regulation in the Age of Globalization.” 
• Will present an invited paper on “Standard Terms in Consumer Contracts” at a conference on Transatlantic Perspectives on Commercial Contract Law at Edinburgh Law School in August 2013.

Susan Block-Lieb
Law reviews:

Who Governs? Delegations In Global Trade Lawmaking (with Terence Halliday and Josh Pacewicz), ___ Gov. & Reg. ___ (forthcoming 2013) (this has gone to press, but has not yet been published)

Accountability and the New Bureau of Consumer Financial Protection, 7 Brooklyn J. Corp. & Fin. L. 25 (2012)

What Congress Had to Say: Legislative History as a Rehearsal of Congressional Response to Stern v. Marshall, 86 Am. Bankr. L. J. 55 (2012)

Books and Book chapters:

CONTEMPORARY ISSUES IN CONSUMER BANKRUPTCY (16 chapters to be co-edited with Johanna Niemi and Wolfram Backert; forthcoming 2013)(final draft submitted to publisher; we are negotiating the last few typos)

The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference (with Terence Halliday)(submitted to editors for submission to publishers)

Settling (with Terence Halliday), in TRANSNATIONAL LEGAL ORDERS (Terence Halliday and Gregory Shaffer eds.)(submitted to editors for submission to publishers)

Global Duelists: The Recursive Politics of the Text in International Trade Law (with Terence Halliday), in SOCIO-LEGAL APPROACHES TO INTERNATIONAL ECONOMIC LAW: TEST, CONTEXT, SUBTEXT (Amanda Perry-Kessaris ed. 2012)

Missing Debtors: National Lawmaking and Global Norm-making of Corporate Bankruptcy Regimes (with Terence Halliday and Bruce Carruthers), in A DEBTOR WORLD (Ralph Brubaker, Robert M. Lawless and Charles J. Tabb, eds; Oxford University Press 2012)

The Limits of Enhanced Disclosure in Bankruptcy Law: Anticipated and Experienced Emotion (with Richard L. Wiener, Jason A. Cantone and Michael Holtje), in A DEBTOR WORLD (Ralph Brubaker, Robert M. Lawless and Charles J. Tabb, eds; Oxford University Press 2012)

Works in progress:


Contorting Consumer Financial Protection (with Ted Janger)

Mortgage Modification in Bankruptcy Without a Legal Mandate: Reporting on the Implication of the Loss Mitigation Program in the Bankruptcy Court for the Southern District of New York (with Ted Janger, Chrystin Ondersman and Ramona Ortega)(empirical analysis of complete data set on loss mitigation orders in Bankr. SDNY, with discussion of implication of this mediative program for mortgage modification more generally)

Recent and Upcoming Presentations:

June 20-21, 2013 Fordham Law LLM Alumni gathering in Vienna, Austria.  I will present a paper co-authored with Terence Halliday entitled “The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference.”

June 3, 2013 Coalition for Debtor Education annual conference, “The Mortgage Crisis – Five Years Later.”  I will moderate a panel on “The Ethics of Sub-Prime Lending,” with Josh Zinner from NEDAP, Profs. Aditi Bagchi and Bruce Green from Fordham Law School, and Prof. David Reiss from Brooklyn Law School.

May  30-June 1, 2013 Law & Society Annual Meeting in Boston, MA.  I will present a paper co-authored with Terence Halliday entitled “The Microeconomics and Macropolitics of Systemic Financial Crisis: Bankruptcy as a Point of Reference.”  At the same LSA conference, Dr. Halliday will present our co-authored piece entitle “Settling,” and Prof. Ted Janger will present our co-authored draft on “Enforcement of Consumer Financial Protection Regulation: A Comparative View.”

May 22, 2013 Fordham Law School Retreat.  In one of the 5-5-5 sessions, I will present “Contorting Consumer Financial Protection,” a draft paper co-authored with Prof. Ted Janger.

May 10-11, 2013 Presentation to ABF/Illinois Center on Law and Globalization at the University of Wisconsin on my research with co-author and senior ABF fellow Terence Halliday on UNCITRAL; I presented a chapter from our upcoming book entitled “The (Informal) Politics of Work.”

April 15-19, 2013 UNCITRAL Insolvency Working Group Session, UN offices in New York City.  I served as a delegate from the American Bar Association.

March 8-14, 2013 University of Zagreb.  I was asked by Prof. Jasna Garasic to teach and give public lectures at the University of Zagreb and the Croatian Bar Association on corporate reorganization and consumer bankruptcy law, and on bar associations, professionalism and the current financial crisis.

March 6, 2013 UK Secured Transactions Law Reform Project meeting of working groups at office of Allen & Overy.  Invited to attend this working group session by Georgia Quenby and Roy Goode.

Feb. 28, 2013 Fordham Urban Law Journal, Conference to celebrate its Fortieth Anniversary.  I moderated a panel on urban consumer protection law.

January 10-11, 2013 Conference to honor Sir Roy Goode at Oxford University.  I attended this conference and dinner in Oxford at the invitation of Louise Guillifer.

Dec. 13-14, 2012 World Bank Task Force on Insolvency and Creditor/Debtor Regimes to review and ratify the Report on the Treatment of the Insolvency of Natural Persons in Washington DC.  While I was originally scheduled to attend this conference in person, my broken knee-cap prevented this travel.  I “attended” the conference virtually, however, since it was streamed on the Internet.

Nov. 26-30, 2012 UNCITRAL Insolvency Working Group Session, UN offices in Vienna.  I should have served as a delegate from the Amercan Bar Association, but cancelled because I broke my knee-cap that month and was unable to travel.

Nov. 8, 2012 Conference on “Sovereign Insolvency – Several Legal Solutions” at Jean Monnet Inter-University Centre of Excellence in Opatija, Croatia.  I would have presented “The Microeconomics and Macropolitics of Sovereign Financial Crises: Bankruptcy as a Point of Reference” but for the fact that I broke my knee-cap the day before this conference.

Oct. 18, 2012 Cooper-Walsh Symposium.  Together with Vice Dean Foster, I moderated this year’s event on Urban Policing Practices.

Martin Gelter


Publications since June 1, 2012
In English:
• Why do Shareholder Derivative Suits Remain Rare in Continental Europe? 37 BROOK. J. INT’L L. 843-892 (2012), working paper version available at

• Corporate Governance, Corporate and Employment Law, and the Costs of Expropriation [with Giulio Ecchia & Piero Pasotti], 8 REV. L. & ECON. 457-486 (2012), working paper version available at

• Rudolf von Jhering’s Influence on Karl Llewellyn [with Julie Grisé & Robert Whitman], 48 TULSA L. REV. 93-116 (2012).

In German:
• Law & Economics der Haftung für fehlerhafte Kapitalmarktinformation [Economic Analysis of Liability for Misinformation of Capital Markets], in KAPITALMARKTHAFTUNG UND GESELLSCHAFTSRECHT 83-122 (Susanne Kalss & Ulrich Torggler eds. 2013).

• Book review: Austrian Law and Economics, edited by Mario J. Rizzo, 67 ZEITSCHRIFT FÜR ÖFFENTLICHES RECHT 819-831 (2012).

In French:
• La doctrine française de l’entreprise d’un point de vue comparé (French Enterprise Theory from a Comparative Perspective), in L'ENTREPRISE DANS LA SOCIETE DU XXIE SIECLE 85-99 (Claude Champaud ed., 2013).

Forthcoming and accepted publications
In English:
• Language, Legal Origins, and Culture before the Courts: Cross‐Citations between Supreme Courts in Europe [with Mathias M. Siems], forthcoming 21 SUP. CT. ECON. REV. (2013) [manuscript of 63 pages], working paper available at
- Peer-reviewed article accepted in 2011 and is scheduled to appear in print in May or June 2013

• The Pension System and the Rise of Shareholder Primacy, forthcoming in 43 SETON HALL L. REV. (2013) [single-spaced manuscript of 44 pages], working paper available at
- Scheduled to be published in spring 2013; working paper will receive the European Corporate Governance Institute Allen & Overy Law Working Paper Award on May 15, 2013

• Shareholder-Stakeholder Debates: From Institutional Theories to Private Pensions, forthcoming in COMPANY LAW AND CSR: CONVERGENCE OR DIVERGENCE? A COMPARATIVE APPROACH ABOUT THE NEW CHALLENGE OF LAW (Ivan Tchoutourian ed. 2013) [28-page manuscript].
- Book scheduled to be published in spring or summer 2013

In German:
• §§ 84-95 GmbHG (Auflösung und Liquidation) [§§ 84-95 of the Austrian LLC Act (Dissolution and Liquidation)], forthcoming in KOMMENTAR ZUM GMBHG (Michael Gruber & Friedrich Harrer eds. 2013).
- Contribution to a treatise [118-page manuscript]. It is scheduled to appear in 2013, but publication has been delayed by other authors and by changes in the law.

Presentations given since June 1, 2012
Full paper presentations
• Forced Capitalists: The Pension System and the Rise of Shareholder Primacy, 29th Annual Conference of the European Association for Law and Economics (conference with competitive submission), Stockholm University, Stockholm, Sweden, September 21, 2012.

• Law & Economics der Kapitalmarktinformationshaftung [Economic Analysis of Liability for Misinformation on Capital Markets], 1. Wiener Unternehmensrechtstag (symposium presentation in German language), University of Vienna, October 8, 2012.

• Forced Capitalists: The Pension System and the Rise of Shareholder Primacy, Fordham Faculty Workshop, February 21, 2013.

• The Pension System and the Rise of Shareholder Primacy, Law and Economics Workshop, London School of Economics and Political Science (LSE), May 1, 2013.

• Risk-shifting through Issuer Liability and Corporate Monitoring, Student Workshop, London School of Economics and Political Science (LSE), May 1, 2013.

• The Pension System and the Rise of Shareholder Primacy, Law and Finance Workshop, University of Oxford Faculty of Law, May 2, 2013.

Short presentations, comments, and roundtable participation:
• Comments on Massimiliano Stacchini & Giacomo Cau: Bank directors on corporate boards: conflict of interests or certification role?  29th Annual Conference of the European Association for Law and Economics, Stockholm University, Stockholm, Sweden, September 21, 2012.

• Panel: Comparative Corporate Governance: Stakeholders and Quotas, International Law Weekend 2012, Fordham Law School, October 26, 2012.

• Panel: Corporate Governance Shifts, Symposium “Comparative Sex Regimes and Corporate Governance”, Pace Law School, February 8, 2013.

Awards and recognition of my scholarship
• The working paper version of my forthcoming article The Pension System and the Rise of Shareholder Primacy (see above) will receive the European Corporate Governance Institute Allen & Overy Law Working Paper Award on May 15, 2013 at a conference in Dublin, Ireland.

• Selected as general reporter for the commercial law section of the INTERNATIONAL ACADEMY OF COMPARATIVE LAW’s XIXth International Congress (taking place in Vienna in July 2014). (Topic: The protection of minority investors and the compensation of their losses)

Sean J. Griffith

• The Market for Preclusion in Merger Litigation, 66 VANDERBILT LAW REVIEW (forthcoming 2013), with Alexandra D. Lahav.

• The Omnipresent Specter of Omnicare, 37 J. CORP. L. (forthcoming 2013).


• Commentator, Conference on “Derivatives Regulation After the Crisis,” Oxford University, England, June 21-22, 2013 (scheduled).
 “Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation,” George Washington Law School Law and Economics Workshop Series, March 22, 2013.
• “The Omnipresent Specter of Omnicare,” Symposium: Ten Years After Omnicare: The Evolving Market for Deal Protection Devices, University of Iowa, College of Law, March 1, 2013.
• “The Market for Preclusion in Merger Litigation,” Vanderbilt Law School, Law and Business Workshop, November 5, 2012.
   Working Papers
“Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation.”

Mark Patterson
• “Must Licenses Be Contracts?: Consent and Notice in Intellectual Property,” 40 Florida State University Law Review 105 (2012) (60 pages).
“Leveraging Information about Patents: Settlements, Portfolios, and Holdups,” 50 Houston Law Review 483 (2012) (40 pages).
• “Antitrust and Informational Restraints,” in International Antitrust Law & Policy, Fordham Competition Law Institute (2012) (44 pages) 
“Google and Search Engine Market Power,” Harvard Journal of Law and Technology (forthcoming 2013) (24 pages).
Blog contribution:
• “Bowman v. Monsanto: A Primer and a Solution,”, http://madisonian.¬net/2013/02/18/bowman-v-monsanto-a-primer-and-a-solution/ (Feb. 18, 2013).

Richard Squire
• How Collective Settlements Camouflage the Costs of Shareholder Lawsuits, 62 DUKE L.J. 1 (2012)
• Named in Top Ten Corporate and Securities Law Articles 2012, Corporate Practice Commentator
“A Market for End-of-the-World Insurance? Credit Default Swaps on US Government Debt,” in Is U.S. Government Debt Different? (F. Allen et al., eds.) (FIC Press, 2012)
Clearinghouses and the Rapid Resolution of Bankrupt Financial Firms, 99 CORNELL L. REV. (forthcoming 2014)

Scholarly Presentations:
“Clearinghouses and the Rapid Resolution of Bankrupt Financial Firms,” Yale Law School faculty workshop. February 2013

Intended Publications:
“Buying Assets with Debt in Bankruptcy Sales” (article)
“Reasonableness and the Liability Insurer’s Duties to Settle and Contribute” (chapter in Law and Economics of Insurance, Elgar’s Research Handbook)
“Liquidity vs. Insolvency in the Congressional Imagination” (symposium piece)
“The Allocation of Bankruptcy Misvaluation Risk” (chapter in Law and Economics of Bankruptcy, Elgar’s Research Handbook)

Business Law Faculty

Block-Lieb, Susan

Carnell, Richard

Chiang, Frank

Cohen, Mark A.

Colón, Jeffrey

Feerick, John

Felsenfeld, Carl

Gardner, Romaine

Gelter, Martin

Gentile, Caroline

Goebel, Roger

Griffith, Sean

Katsoris, Constantine

Katyal, Sonia

Maresca, Elizabeth

Minzer, Carl

Patterson, Mark

Radvany, Paul

Schmudde, David

Sharpe, Donald

Silverman, Marcella

Squire, Richard

Sugin, Linda

Thel, Steven


Adjunct Business Law Faculty

Alfandary, Francine

Babitt, The Honorable Roy

Barbieri, Lisa F.

Basri, Carole

Bernard, Kent

Cavanagh, Edward

Chin, Sylvia Fung

Conk, George 

Drago, Thomas

Ellenhorn, David

Essien, Victor

Fine, Toni

Friedman, George

Friedman, Kenneth

Giorgio, Bovenzi

Glaccum, Joanne

Gold, Matthew

Golod, Gal (S.J.D Candidate)

Graev, Lawrence

Gropper,The Honorable Allan

Habbu, Ashutosh A.

Hakakian, Sahar

Halasz, Peter J.

Halket, Thomas D.

Handler, Janice

Hawk, Barry

Hayman, Jill

Hodges, Silvia

Hoppin, Charles

Jaffe, David

Jalil, James

Jannace, William

Johnson, Tatyana

Miller-Katz Jill L.

Kavame, Zehra (S.J.D Candidate)

Kellogg, Thomas

Keyte, James A.

Korzun, Vera (S.J.D. Candidate)

Kostant, Peter

Langer, Robert

Leeds, Matthew    

Mahle, David

Manwah, Gerald

May, Thomas

McAuliffe, Joseph

McAvoy, Annemarie

McDermott, Richard

McKenna, Matthew

McKenzie, Brandon

McShea, Stephen A.

Meyerstein, Ariel

Milberg, Melinda

Mitchell, Clyde

Mohammedi, Omar

Moore, Harold F.

Morris, David

Nader, Reza

Nakakuki, Emma P.

Neuburger, Jeffrey D.

Newman, Frederic

Niemotko, Tracey

Nissenbaum, Robert

O'Connell, Edward

Peloso, John F. X.  

Pigott, Robert

Platto, Charles

Raghupathi, Wullianallur

Rocklen, Kathy

Rolfe, Harold

Rose, Edward 

Rovine, Arthur W.

Salholz, Miriam

Sanchez, Robert

Sant, Geoffrey

Saperstein, Lanier

Shaw, Alan  

Shube, Eric

Sicard-Mirabal, Josefa

Siegel, James

Soden, Paul   

Sorkin, Laurence     

Teloni, Foteini (Fay) (S.J.D Candidate)

Thomas, David

Vaccari, Michael  

Vandenabeele, Thomas

Washington, Paul F.

Wynhoven, Ursula