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 2006
Interpreting the Wiretap Act: Applying Ordinary Rules of "Transit" to the Internet Context, Samantha L. Martin
Preemption or Bust: Fear and Loathing in the Battle over Broadband, D. Stan O'Loughlin
Debtor-Filed Acknowledgments of Creditors' Claims: An Alternative Approach to Proof of Claim in Chapter 13, Arpan K. Punyani
Aiding the Final Push of the Digital Transition, Andrew L. Shapiro
Panel Report: Investigative Journalism and National Security, Zachary D. Streit
The Beginning of the End to a Tax-Free Internet: Developing an E-Commerce Clause, Pamela Swidler
Carbon Dioxide and the Clean Air Act, Eric Schwartz
United States' Moral Authority Undermined: The Foreign Affairs Costs of Abusive Detentions, Jeffrey K. Cassin
Accurate or Appalling: Representations of Women Lawyers in Popular Culture, Laura Grosshans
WARN's Place in the FLSA / Employment Discrimination Dichotomy: Why a Warning Cannot Be Waived, Evan Hudson-Plush
Disability-Based Peremptory Challenge: Need for Elimination, Natasha Azava
Addressing Questionable Business Method Patents Prior to Issuance: A Two-Part Proposal, Andrew Kopelman
An Alternative to the Contingent Fee? An Assessment of the Incentive Effects of the English Conditional Fee Arrangement, Peter Melamed
Leaving Homeroom in Handcuffs: Why an Over-Reliance on Law Enforcement to Ensure School Safety is Detrimental to Children, Jennie Rabinowitz
Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws, Dennis Rambaud
Maybe Jerry Maguire Should Have Stuck with Law School: How the Sports Agent Responsibility and Trust Act Implements Lawyer-Like Rules for Sports Agents, Melissa Steedle Bogad
Say "Ahhh!": A New Approach for Determining the Cram Down Interest Rate After Till v. SCS Credit, Michael Elson
After the Dismissal of an Involuntary Bankruptcy Petition: Attorney's Fees Awards to Alleged Debtors, Isabella C. Lacayo
Reconceptualizing Child Sexual Exploitation as a Bias Crime Under the Protect Act, Tracy Agyemang
The Slippery Slope: The Vitality of Reynolds v. US After Romer and Lawrence, James Askew
Citizenship Theories, Immigration and Nationality Act Section 309 & Nguyen v. INS: How the Supreme Court Got It Wrong, Rachel Baskin
Mediating Cases Involving Domestic Violence: Solution or Setback?, Aimee Davis
Moving from Mandatory: Making ADR Voluntary in New York Commercial Division Cases, Ari Davis
Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection and its Interplay with Arbitration, Adam Fisher
Dukes v. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
The Impact of Feminine Leadership on State Courts: A Panel of Women Chief Justices, Alan Florendo
The Road Less Traveled: Using ADR to Help Reform FirstTime Juvenile Offenders, Maggie Gertz
Legal Dentistry: How Attorney's Fees and Certain Procedural Mechanisms Can Give Rule 68 the Necessary Teeth to Effectuate Its Purposes, Daniel Glimcher
Obstruction of Justice: The Arbitration Process For Anti-Doping Violations during the Olympic Games, Andrew Goldstone
Does Title IX Work After School? California Applies the Three Part Test to Municipal Sports, Aaron J. Hershtal
Chaos in Public Schools: Federal Courts Yield to Students While Administrators and Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment, Michael C. Jacobson
How Far is the 'Door Ajar'? Whether Rape as Torture is Actionable Under the Alien Tort Statute After Sosa, Zachary S. Kahn
EPA's Mercury Cap and Trade Rule: An Environmental Injustice for Women, Rachel Kalman
A New Disease Born Every Minute: The Marketing of Pathology and the Exploitation of Gender-Based Insecurities and Sexuality to Sell Drugs, Elizabeth Lambdin
What's the Hold-Up? Making the Case for Lifetime Orders of Protection in New York State, Jennifer Rios
Assignability of Covenants Not to Compete: When Can a Successor Firm Enforce a Noncompete Agreement?, Adam Schneid
Begging Underground? The Constitutionality of Regulations Banning Panhandling in the New York City Subway System, Jordana Schreiber
Collaboration in the Exploration of Outer Space: Using ADR to Resolve Conflicts in Space, Ka Fei Wong
Mandatory Mediation: The Extra Dose Needed to Cure the Medical Malpractice Crisis, Florence Yee
Submissions from 2005
Policy Formulation at the NLRB: A Viable Alternative to Notice and Comment Rulemaking, Claire Tuck
Eliminating the Below-Cost Pricing Requirement from Predatory Pricing Claims, Ari Lehman
Is Blakely v. Washington Retroactive?, Haifeng Peng
Something Old, Something New, Something Borrowed, Something Blue: A New Tradition in Nontraditional Trademark Registrations, Melissa E. Roth
Effective Compliance Programs and Corporate Criminal Prosecutions, Philip A. Wellner
Mortgage Foreclosure for Secondary Breaches: A Practitioner's Guide to Defining "Security Impairment", Michael Giusto
Protecting the Rights of Foster Children: Suing Under § 1983 to Enforce Federal Child Welfare Law, Sara J. Klein
Honeywell: The Straw That May Just Break the Inventor's Back, Wing H. Liang
The Paper Tiger of Gideon v. Wainwright and the Evisceration of the Right to Appointment of Legal Counsel for Indigent Defendants, Amanda Myra Hornung
Reasonableness for Free: Why Buy Employment Practices Liability Insurance When EEOC.gov Gives Protection Away?, Glenn Kramer
Expert Testimony on Sexually Abused Child Syndrome in a Child Protective Proceeding: More Hurtful than Helpful, Mary Ellen Reilly
Traveling "to the Farthest Reaches of the ADA," or Taking Aim at Employment Discrimination on the Basis of Perceived Disability?, Michael D. Reisman
Rendered Impracticable: Behavioral Economics and the Impracticability Doctrine, Aaron J. Wright
Divorce, Death, and Posthumous QDROs: When Is It Too Late for a Divorcee to Claim Pension Benefits Under ERISA?, Aaron Klein
The Ramifications of the FCC's Failure to Minimize Negative Media Portrayals of Latinas and Black Women, Fiordaliza Batista
A Case for Mediating Trademark Disputes in the Age of Expanding Brands, David Allen Bernstein
Naked Before the Law: Reality Porn and the Capacity to Contract, Benjamin J. Cooper
Finders-Keepers: A Bright-Line Rule Awarding Custody to Gestational Mothers in Cases of Fertility Clinic Error, Josh Deutsch
Do Prisoners Get a Better Deal? Comparing the Abortion Rights and Access of Military Women Stationed Abroad to those of Women in Prison, Leah Ginsberg
Granting Asylum to Persecuted Afghan Western Women, Marra Guttenplan
Identifying the Linguistic Boundaries of Sex: Court Language Choice in Decisions Regarding the Availability of Sex and Procreation, Amy Zimmerman Hodges
The XXX-Files: Cal/OSHA's Regulatory Response to HIV in the Adult Film Industry, Christina Jordan
The New Iraq: Resolving Public and Private Obligations Incurred Under Saddam Hussein's Rule in the Context of International Arbitration, Darius Adam Marzec
The Unguided Use of Internal ADR Programs to Resolve Sexual Harassment Controversies in the Workplace, Jessica Oser
Mindfulness Meditation, the Cultivation of Awareness, Mediator Neutrality, and the Possibility of Justice, Evan M. Rock
But I Was Just a Kid!: Does Using Juvenile Adjudications to Enhance Adult Sentences Run Afoul of Apprendi v. New Jersey?, Douglas M. Schneider
Military Spying in the United States: When it is Not Your Neighbor Knocking at Your Door, Where Do You Turn?, Miriam Schneider
Permissive Pornography: The Selective Censorship of the Internet Under CIPA, Heidi Wachs
Not Playing Around: The Chilling Power of the Federal Trademark Dilution Act of 1995, Julie Zando-Dennis
Home Alone: Children of Incarcerated Mothers in New York City under the Rockefeller Drug Laws, Aron M. Zimmerman
Submissions from 2004
The More Things Change the More They Stay the Same: Mr. Tutt and the Distrust of Lawyers in the Early Twentieth Century, Molly A. Guptill
The Prosecution of Cybergripers Under the Lanham Act, Blossom Lefcourt
The Filing of a Bankruptcy Petition in Violation of 11 U.S.C. § 109(g): Does It Invoke the Automatic Stay?, Robert Lefkowitz
Breaking the Shield of the Learned Intermediary Doctrine: Placing the Blame Where It Belongs, Sheryl Calabro
Quid Pro Whoa!: An Exponential Fee Structure for Patent Applications, Peter L. Giunta
School Vouchers, State Constitutions, and Free Speech, Peter H. Hanna
Escaping the Indirect Profits Loophole: Finding the Elusive Causal Link in the Case of Knowing Copyright Infringement, Avi Israeli
Understanding Tradition, Meir Katz
Unchecked and Imbalanced? A Critical Reading of the U.S. Constitution, Madeleine Severin
To Defer or Not to Defer: Judicial Review of Zoning Board Decisions in New York, Elliot Gardner
Unequalled Among Firsts, Peter L. Giunta
Plainly Not "Error": Adjudicative Retroactivity on Direct Review, Meir Katz
The Murky Depths of the Entry Fiction Doctrine: The Plight of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Pleas for DNA Testing: Why Lawmakers Should Amend State Post-Conviction DNA Testing Statutes to Apply to Prisoners Who Pled Guilty, Daina Borteck
Is There a Winning Argument Against Excessive Rates for Collect Calls from Prisoners?, Madeleine Severin
The Faux Fix: Why a Repeal of Major League Baseball's Antitrust Exemption Would Not Solve Its Severe Competitive Balance Problems, Andrew E. Borteck
Reading the Fossil Record: A New Look at Old Law, Elliot Gardner
A Thin Line Between Concurrence and Dissent: Rehabilitating Sex Offenders in the Wake of McKune v. Lile, Seth A. Grossman
