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Student Articles & Notes

This collection showcases articles and notes authored by students of the Benjamin N. Cardozo School of Law. These works reflect the depth of research, critical analysis, and innovative thinking contributed by our student community across a wide range of legal topics. Many of these pieces originate from student-run journals and reflect the authors’ engagement with current legal debates, emerging areas of law, and scholarly discourse. By preserving these works in our institutional repository, we ensure that student scholarship remains accessible to future researchers, practitioners, and the broader legal community.

Submissions from 2024 2024

The Death of the GID Exclusion: Williams v. Kincaid Revitalizes the ADA for Trans Litigants, Alexandra Newman

The U Visa: A Remedy for Vulnerable Immigrants Scammed by Unscrupulous Attorneys, Jennifer Piñeros

Is Grammar Religious Exercise? Addressing Transgender Students and the Limits of the Complicity Doctrine, Saul R. Thorkelson

Speaking Authorship: Honoring Indigenous Language Sovereignty in Joint Authorship Doctrines, Nancy Fu

Bound to Misfortune: Protecting Juvenile Abortion Through the Right to Travel, John H.C. Hughes

Who Gets to Reap What They Sow? Addressing the Exclusion of Undocumented Immigrants from Income Tax Benefits and Designing a Solution, Gabriela Amaral

It Takes a Special Person to Raise a Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped for Children with Autism, Alexandra DeBenedictis

The Need for Fentanyl-Specific Drug Education in Schools, Emma Guggenheimer

No Child Left Online: Influencer “Sharenting” as a Breach of Fiduciary Duty, Caroline Harrod

All for One, One for None: Arrington v. Burger King Worldwide and the Single-Entity Defense for Franchises, Tyler Nappo

Unconscionability & Involuntary Arbitration Agreements: The Systemic Exploitation of Immigrant Labor in the United States, Isabel Ortega-Romero

Emotionally Harmed? It Might Not Matter: An Analysis of Cummings v. Premier Rehab Keller and Its Implications for Title II of the Americans with Disabilities Act of 1990, Sotir Zhupa

Condensing the Alphabet Soup: Missed Administrative Rulemaking Concerns in U.S. Securities & Exchange Commission v. Alpine Securities Corporation, David Davani

Whither Affirmatively Furthering Fair Housing in New York? The AFFH Mandate in an Era of Land Use Reform, Timothy Gentles

“Swifties” or Swift Suppression? How Police Officers Exploit Copyright Law and Practice Online to Evade Public Accountability, Jeremy Lamstein

Meaningful or Meaningless? The Temporal Scope of the Constitutional Right of Access to Courts for Incarcerated Litigants, Alison Aimers

The Use of Mediation to Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, and Resistance Rates in Patients across the Nation, Shifra Ben-Jacob

Monitoring France's Performance Under the Strategic Action Plan for Roma and Traveller Inclusion (2020-2025), Sarah Brody

Multi-Track Diplomacy & the Abraham Accords: A Blueprint for Broader Middle Eastern Peace between Israel and the Arab World Based upon Shared Economic Interests, Security, and Grassroots Peacebuilding, Eliott Dosetareh

Beat It: A Proposal to End Masturbation Bans in Prisons, Madison Dougherty

Death at the Door of Relief: The Criminalization of Humanitarian Work and Asylum, William Fox

Farewell to Cultural Superiority: Resolving the Alleged Chinese Misappropriation of Korean Cultural Heritage through UNESCO's 2005 Convention for the Protection and Promotion of the Diversity of Cultural Expressions, Daniel Hyungtae Kim

Incorporating Alternative Dispute Resolution at the United Nations: Establishing and Implementing and Arbitration Panel to Determine Whether a Permanent Member of the Security Council Can or Cannot Veto Proposed Resolutions Potentially Involving Human Rights Violations and Mass Atrocities, Jillian Leavey

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

If It Can Make It There, It Can Make It Anywhere: How New York's "Green Amendment" Is Catalyzing Environmental Progress in Light of Federal Failures, Zoe Zingale

Submissions from 2023 2023

In Satan We Trust: The Satanic Temple’s Ongoing Crusade to Protect Abortion Rights, Bradley Koberg

No Bullying Allowed Here: Adopting a Misuse Doctrine to Defeat Trademark Bullies, Jessica Shechtman

Navigating Campaign Finance Reform Through Publicly Funded Elections on the Local Level, Emily Bernstein

A Rights-Based Approach to Determining Venue for Immigration Removal Hearings, Maleah Bradley

Wrong Search at the Wrong Time: Keyword Search Warrants and the Fourth Amendment, Nicole Chan

The Writing on the Wall: A Proposal for Reform of the Office of Legal Counsel in the Wake of the Trump Administration's Border Wall, Sean Dalton

Arguing Arbitration Waiver After Morgan v. Sundance A Path to Hold Debt Buyers Accountable for Abusive Collection Litigation, Noa Gutow-Ellis

Juvenile Genetic Privacy in New York: DNA Collection and Maintenance Post-Francis O., Cassidy Moon

Bolstering New York’s Tenant Protection Law: Ensuring Retroactive Application Under the Heightened Regina Standard, Abigail Strange

Growth Beyond Its Limits - How Much Growth Is Too Much for the Purpose of the Local Government Antitrust Act of 1984?, Katherine Stern

To Protect or Not to Protect?: Unveiling the Courts’ Failures to Hold Law Enforcement Accountable for Inadequate Responses to Mental Health Crises After Wilson v. Gregory, Carly Zdankowski

The Drug Policy Reform Act: Analyzing the Potential Future of United States Federal Drug Policy, Justin Danziger

Pretrial Release, Risk Assessment, and the Failing Movement Towards a Cashless Bail System: The Need to Target the Source, Brooke Hodgins

People Over Profits: Why a Private Right of Action in the Occupational Safety and Health Act is Necessary During the COVID-19 Pandemic, Olivia Nevola

Adolescent Brain Development and Crime: Why New York State Should Increase the Age of Criminal Culpability to Twenty-One Years Old, Julia Patz

Judicial Interpretation by Bankruptcy Courts and the Department of Education Regarding the Application of the Undue Hardship ("Brunner") Standard to Student Loan Discharges, Anda Totoreanu

How to Alleviate the Repercussions of Wrongful Convictions: Holistically Righting the Wrongs of Inadequate Compensation Statutes, Marissa Cohen

Beyond Offense: Why the First Amendment Does Not Protect Deliberate Misgendering, Molly Dower

A No Man’s Land of Fair Use: Marano v. The Metropolitan Museum of Art, Sarah Landry

Battling Batson: State v. Andujar and New Jersey's Efforts to Fix a Broken Doctrine, Eli Shahar

The Due Process Owed to Noncitizens: Standardizing the Burden in Sec. 1226(a) Bond Hearings with the Help of Hernandez-Lara and Velasco Lopez, Sharon Shaji

Mission Impossible? The Case for Municipal Tort Liability Reform in a Post-Valdez World, Shelley Wu

The Art World of Digital Assets: How Non-Fungible Tokens Create a Loophole in Anti-Money Laundering Regulations, Sofia Aizenman

Can Artists Recapture Their Copyrights in Musical Compositions That Have Been Lost to the Public Domain? Skidmore v. Led Zeppelin Applied, Brianna Bell

Bond Conditions as Fourth Amendment Seizures, Rebecca Laden

Physical Scars Are Not the Only Evidence: Crucial Expansion of New York's Penal Law to Define Coercive Control and Technological Abuse as Domestic Violence, Bailey D. Appel

A Portrait of the Artist’s Heirs in Mediation: ADR Techniques to Prevent and Resolve Disputes Following an Author’s Death, Nicholas Beudert

Easing the Burden of Survivors of Domestic Violence Through the "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("IDV") Courts Should Be Instituted Throughout the United States, Elka B. Blonder

Making Justice Available for Victims of Sexual Misconduct Within the Prison System, Emma L. Bruder

Digital Purgatory and the Rights of the Dead: Protecting Against Digital Disinterment in the Age of Artificial Intelligence, Greyson Cohen

Arbitrating Social Media Content: A Framework for Banning High-Profile Users through Third-Party Arbitration, Rachel Gershengoren

Fight for Your Life: A Study of Fairness in the Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff

Conflict Resolution-Negotiation: LIV v. PGA Tour, Ross Herman

Improving New York City's COVID-19 Vaccine Mandate for Public Sector Workers: A Collaborative Framework for Labor-Management Relations in High Impact Circumstances, Chelsea Hill

Easing Evictions: The Need for Mediation and Formal Eviction Guidelines between New York City Landlords and Rent-Stabilized Tenants, Halle Jaffe

Applying Family Mediation to the Creation of Psychiatric Advance Directives, Olivia Kalsner Kershen

Don't Foreclose on Me: ADR's Role in Regulating the Foreclosure Power of Homeowners Association in the Aftermath of COVID-19, Jessica Lalehzar

The Power of Influence: Standardizing the Influencer Marketing Industry through Alternative Dispute Resolution, Michele Lehat

Big Screen or Bust?: How Contractual Negotiations in Hollywood Must Adapt in the Streaming Era, Alexis Narotzky

Victim-Offender Mediation: A Missing Component of a Multi-Pronged Approach to Reduce New York City Subway Crime, Elizabeth Neuburger

Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace, Rachel Refkin

Pacifying Professional Negligence Disputes - The Prospective Path for Mediation within the Psilocybin Industry, Miranda Sapoznik

Accessibility in the Digital Age - Why the United States Needs a New Approach to the Americans with Disabilities Act, William J. Seguin

A Means to an End: A Way To Curb Bias-Based Policing in New York City, Garanique N. Williams

Submissions from 2022 2022

The Implications of New York’s Gender Expression Non-Discrimination Act for Transgender Housing in Prisons, Rebecca Barrett

Landlord Liability for Tenant-on-Tenant Harassment Under the Fair Housing Act, Mary Karapogosian

Thaler v. Vidal: Artificial Intelligence—Can the Invented Become the Inventor?, Michelle Lavrichenko

Corrupt or Charitable? Patient Assistance Programs and the Case for Narrowing the Breadth of the Federal Anti-Kickback Statute, Isaac Strauss

Hamptons Aesthetics vs. Shinnecock Rights: How the Federal Government is Failing to Protect Indigenous Sovereignty from State Judicial Infringement, Lindsay M. Brocki

Far-Fetched Uses of Drug Detection Dog Alerts: A Case Note on United States v. Braddy, Daniel Kaseff

Expanding the Idea to Mitigate Disproportionality of English Language Learners in Special Education, Hannah R. Kramer

The Lord Is My Strength and My Shield: The Ecclesiastical Abstention Doctrine in In re Diocese of Lubbock, Kerri A. Matulis

The End of Forced Arbitration of Sexual Violence and the Uncertain Future, Heidi M. S. Sandomir

The Various Problems and Instabilities With the Implementation of the Special Immigrant Juvenile Status Statute, Calli Schmitt

Queer Liberation's Long March Towards Equality: How LGBTQIA+ Advocates May Seek to Combat the Rise of Anti-LGBTQIA+ State-Level Legislation and Substantiate Broader Lasting Legal Protections in a Post-Bostock World, Davis J. Villano

Acts of Justice: Restoring Justice for Immigrants Through State Pardons, Sadie M. Casamenti

Drug Court Discrimination: Discretionary Eligibility Criteria Impedes the Legislative Goal to Provide Equal and Effective Access to Treatment Assistance, Kalyn Heyen

Where Do We Draw the Line? The Deliberate Indifference Standard and Why Vulnerability to Sexual Harassment Matters in Title IX Liability, Laëtitia Krisel

The Prison Litigation Reform Act Exhaustion Requirement: How a Legislative Decision from 1996 Is Controlling COVID-19 Conditions Inside Correctional Facilities, and What Can Be Done to Fix It, Hannah E. Mirzoeff

Redefining Risk: Judicially Heightened Risk Standards and HIV-Specific Criminal Laws, Bryan Olert

Driving the National Labor Relations Act Forward: Analyzing Abusive Conduct that Occurs in the Course of Protected Activity After General Motors LLC, Kurt Stumpo

Reparations for a Public Nuisance? The Effort to Compensate Survivors, Victims, and Descendants of the Tulsa Race Massacre One Hundred Years Later, Adam Coretz

Leveling the Playing Field in Custody Proceedings in New York City Family Court: Enforcing the Rights of All Parents to Notice and an Unbiased Opportunity to Enforce Their Fundamental Right to Parent their Child, Dana Gambardella

Why Do You Care About My Hair? A Proposal for Remedying Hair Discrimination in the Workplace on a Federal Level, Grayson Moronta

How the Farm Bill May Be the Key to Healthier Cities, Fatima Ouedraogo

Blackouts and Holes: Analyzing Cross-Market Geographic Mergers in the Healthcare Services Market, Hankyul Song

The Ballad of the "White" Collar Criminal: An Examination of the Intersection of Race and Gender in Federal White-Collar Sentencing and Possible Implications of the Findings, Taylor Tesher

Bans with No Bite: Why Racial Profiling Bans Are Unable to Create Racial Justice in Policing, Rebecca Yin

Separating Governance Tokens from Securities: How the Utility Token May Fall Short of the Investment Contract, Kyle Bersani

The Revival of Student Loan Discharge in Bankruptcy by the Tenth and Second Circuits, BiQi Chen

Licensed to Rock the Campaign Trail: Are the ASCAP and BMI Political Campaign Licenses Violating Their Antitrust Consent Decrees?, Leah Scholnick

Religious Mediation as a Tool to Resolve Disputes between Religious Universities and Their LGBT Students, Isaac Altman

The Semiconductor Industry's Need for Better Negotiation to Combat China's Rise, Joshua Becker

Something for Nothing: Untangling a Knot of Section 230 Solutions, Nicholas Bradley