Cardozo Law Review de•novo
Cardozo Law Review’s online companion journal, de·novo, is designed to promote discourse regarding current legal topics, as well as academic matters, through the publication of shorter (10-25 pages maximum) and more targeted pieces.
Submissions from 2024
Meaningful or Meaningless? The Temporal Scope of the Constitutional Right of Access to Courts for Incarcerated Litigants, Alison Aimers
Expanding Homicide Liability for a Parent’s Omission, Monu Bedi
Harnessing Hypocrisy: A Crack in The Supreme Court’s Colorblindness Mask, Zamir Ben-Dan
Against Gap-Filling, Noah C. Chauvin
Corn War: A Trade Fight Between the United States and Mexico, Ernesto Hernández-López
Reforming Informed Consent to Include Comprehension: A Proposal to Promote Equity in Medical Decision-Making, Valerie Gutmann Koch
Professional Norms at a Crossroads: Farhane and Its Implications for Legal Counsel, Hayley Sandoval
Justice over Finality: Compassionate Release as a Mechanism to Correct Sentencing Errors, Eliza Stup
Submissions from 2023
Digital Purgatory and the Rights of the Dead: Protecting Against Digital Disinterment in the Age of Artificial Intelligence, Greyson Cohen
On the Lawfulness of Awards to Class Representatives, Benjamin Gould
Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace, Rachel Refkin
Zoned In: How Residence Restrictions Lead to the Indefinite and Unconstitutional Detention of New Yorkers Convicted of Sex Crimes, Rebecca Tunis
A Means to an End: A Way To Curb Bias-Based Policing in New York City, Garanique N. Williams
Revisiting the Disability Integration Presumption, Chris Yarrell
Submissions from 2022
HIPPA, Matthew T. Bodie
Something for Nothing: Untangling a Knot of Section 230 Solutions, Nicholas Bradley
Repairing Our System of Constitutional Accountability: Reflections on the 150th Anniversary of Section 1983, David H. Gans
A Taxing Mistake, Jeffrey H. Kahn
Staying in the Takings Lane: The Compensation Issue in Cedar Point Nursery, Mark Kelman
Standardizing State Vote-by-Mail Deadlines in Federal Elections, Jason Nagel
Innate Property: The Danger of Incongruency Between Law and the Biological and Behavioral Roots of Property and Possessiveness, Aaron Schwabach
The Criminal Legal System Doesn’t Care About Your Mental Illness, Fredrick E. Vars
Textualism, Dynamism, and the Meaning of "Sex", Bill Watson
Submissions from 2021
A Tale of Two Interoperabilities; Or, How Google v. Oracle Could Become Social Media Legislation, Charles Duan
The Unconstitutionality of State Bans on Marriage Between First Cousins, Rachel Frommer
W(h)ither Judgment, Elias Leake Quinn
COVID-19 and Digital Contact Tracing: Regulating the Future of Public Health Surveillance, Divya Ramjee, Pollyanna Sanderson, and Imran Malek
Congress and Universal Injunctions, Howard M. Wasserman
Submissions from 2020
The Trump Administration’s Social Security Rules Will Harm Innovation in the Assistive Technology Industry and People with Disabilities, Christopher Buccafusco and Mariel Talmage
Survey Says?: U.S. Cities Double Down on Civilian Oversight of Police Despite Challenges and Controversy, Sharon R. Fairley
Lights, Camera, State Action: Manhattan Community Access Corp. v. Halleck, Graham L. Fisher
The Dangers to the American Rule of Law Will Outlast the Next Election, Paul Gowder
Easy as ABC: Why the ABC Test Should Be Adopted as the Sole Test of Employee–Independent Contractor Status, Eric Markovits
Employers Should Owe a Duty of Loyalty to Their Workers, Andrew Melzer and David Tracey
The New York Prosecutorial Conduct Commission and the Dawn of a New Era of Reform for Prosecutors, Clyde Rastetter
Robo-Bureaucrat and the Administrative Separation of Powers, Matthew Seipel
Child Vehicular Heatstroke Deaths: How the Criminal Legal System Punishes Grieving Parents Over a Neurobiological Response, Amanda Washabaugh
Submissions from 2019
Effective Assistance of Counsel? An Empirical Study of Defense Attorneys’ Decision-Making in False-Confession Cases, Sara C. Appleby and Hadley R. McCartin
Kids Say the Darndest Things: Minors and the Internet, Emily DiRoma
A Cashless Economy: How to Protect the Low-Income, Samuel Erlanger
A Review of The Wrongful Convictions Reader: A Comprehensive Resource for Students, Faculty, and Practitioners, Stephanie Roberts Hartung
First Principles for Forum Provisions, Daniel B. Listwa and Bradley J. Polivka
Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act, Michael J. Pastrick
Submissions from 2018
What Kind of Judge is Brett Kavanaugh?, Elliott Ash and Daniel L. Chen
Preserving Film Preservation From The Right of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, and Ian J. Postman
The Federal Arbitration Act and Independent Contractors, Richard Frankel
Music Videos: The Gray Area in First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Capital-Sentencing Law and the New Conservative Court, Scott W. Howe
The Military Transgender Policy: The Realization of Madison’s Incompatible Powers Narrative, Ken Hyle
The Constitutional Argument Against the Vice President Casting Tie-Breaking Votes on Judicial Nominees, Samuel Morse
A Drama of Development: Gary Olson on Stanley Fish, Richard Mullender
Submissions from 2017
Responsibly Irresponsible?: An Analysis of the Medically Noncompliant Offender’s Federal Insanity Defense, Geoffrey Andreu
Introduction: Immigration Crackdown: Examining the Impact of “Enforcement First” Immigration Policies, Kristina Aragon
The Costs of Trumped-Up Immigration Enforcement Measures, Kari Hong
Zealous and Effective Advocacy: An Assessment of the Constitutional Right to Counsel Within a Drug Court Proceeding, Sarah Kirschenheiter
The Institutional Case for Partisan Gerrymandering Claims, G. Michael Parsons
Local Police Entanglement with Immigration Enforcement in Georgia, Azadeh Shahshahani
Submissions from 2016
Sampling and Reliability in Class Action Litigation, Hillel J. Bavli
Race-Based Reverse Employment Discrimination Claims: A Combination of Factors to the Prima Facie Case for Caucasian Plaintiffs, Shirley W. Bi
Is the Uniform Faithful Presidential Electors Act Constitutional?, Robert J. Delahunty
The Inapplicability of First Amendment Protections to BDS Movement Boycotts, Marc A. Greendorfer
The Road to Adopting and Implementing Systemic Disclosure Changes in the Dallas County District Attorney’s Office, Susan Hawk and Patricia J. Cummings
Race, Religion, and RFRA: The Implications of Burwell v. Hobby Lobby Stores, Inc. in Employment Discrimination, Hanna Martin
Same-Sex Parenting Among a Patchwork of Laws: An Analysis of New York Same-Sex Parents’ Options for Gaining Legal Parental Status, Alexander Newman
Introduction: New Models for Prosecutorial Accountability, Russell Shapiro
Enforcing Compliance with Constitutionally-Required Disclosures: A Proposed Rule, Emmet G. Sullivan
New Models for Prosecutorial Accountability, Ellen Yaroshefsky
The Continuing Battle Over Economically Targeted Investments: An Analysis of the Department of Labor's Interpretative Bulletin 2015-01, Edward A. Zelinsky
Submissions from 2015
Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens as They “Lower” the Burden, Jason Goldman
The Compensation Conundrum in Partial Takings Cases and the Consequences of Borough of Harvey Cedars, Brittany Harrison
Information Privacy and Data Security, Lauren Henry
Online Data Breaches, Standing, and the Third-Party Doctrine, Adam Lamparello
Are Physician-Patient Communications Protected by the First Amendment?, Martha Swartz
Data Breach (Regulatory) Effects, David Thaw
Trade Secret Hacking, Online Data Breaches, and China’s Cyberthreats, Peter K. Yu
Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga
Submissions from 2014
Constitutional Implications of School Punishment for Cyber Bullying, Raul R. Calvoz, Bradley W. Davis, and Mark A. Gooden
A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein
Federally Recognized Rights of LGBTQ Students to Form Gay-Straight Alliance Organizations (GSAs), Jerry Foxhoven
Low-Profit Limited Liability Companies: High-Risk Tax Fad or Legitimate Social Investment Planning Opportunity?, Jamie Hopkins
College Students’ Online Speech: Searching for the Appropriate Standards Within First Amendment Case Principles, Jeffrey C. Sun and Neal H. Hutchens
The Limits of Christian Legal Society, William E. Thro
NLRB v. Noel Canning Presents a Nonjusticiable Political Question, Victor Williams
The Basic Logic of Post-Tinker Jurisprudence, R. George Wright
Submissions from 2013
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody
Finding Reality in the Right of Publicity, Lindsay Korotkin
Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin
Response to Zadoff on Kwall, Roberta Rosenthal Kwall
The Second Circuit’s En Banc Crisis, Mario Lucero
Innovation in China: Fragmentation, Structured Uncertainty, and Technology Standards, Michael Murphree and Dan Breznitz
Using Valuation-Based Decision Making to Increase the Efficiency of China’s Patent Subsidy Strategies, William J. Murphy and John L. Orcutt
Zizhu Chuangxin and China’s Self-Driven Innovation: Calling for a Holistic Perspective, Ken Shao
Collaborative Innovation and Economic Growth: A Comment on China’s Innovation Policies, Chen Wang and Jon Sallet
Symmetry For Symmetry’s Sake: Why Bose Does Not Require Independent Review of a Trial Court’s First-Amendment-Favorable Findings of Fact, Joshua Wurtzel
Five Oft-Repeated Questions about China’s Recent Rise as a Patent Power, Peter K. Yu
Zadoff on Kwall: A Historian’s Critique, Ethan Zadoff
