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 2011
A New Breath of Life for Private Rule 10b-5(b) Litigation After Stoneridge: SEC v. Tambone and Implied Statements by Collateral Actors, David R. Allen
A Uniform Test for the Equitable Subrogation of Mortgages, Sang Jun Yoo
Mary Jane's New Dance: The Medical Marijuana Legal Tango, Michael Berkey
'Til Death Do Us File Joint Income Tax Returns (Unless We're Gay), Daniel Milstein
Such Visible Fiction: The Expansion of Scott v. Harris to Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Pseudo-Interactivity: An Appropriate Rate Scheme for Customizable Internet Radio Services, Ira Hoffman
Rebutting the Equality Principle: Adapting the Co-Tenancy Law Model to Enhance the Remedies Available to Joint Copyright Owners, Benjamin E. Jaffe
Vestiges of Jurisdiction: On the In Rem Nature of Pre-Judgment Attachment in New York, Michael A. McGarry Jr.
The Case Against Allowing Mortgage Electronic Registration Systems, Inc. (MERS) to Initiate Foreclosure Proceedings, Nolan Robinson
Did the MLBPA Strike Out? An Analysis of Union Liability in Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Back to the Future[s]: A Critical Look at the Film Futures Ban, Paul G. Anderson
Equitable Estoppel to Compel Arbitration in New York: A Doctrine to Prevent Inequity, Matthew Berg
Salary Caps in Professional Sports: Closing the Kovalchuk Loophole in National Hockey League Player Contracts, Simon Bernstein
UN Women: Jumping the Hurdles to Overcoming Gender Inequality, or Falling Short of Expectations?, Kerry Boyne
Copyrights and Creditors: What Will Be Left of the King of Pop's Legacy?, Jessica Bozarth
Mismatch.com: Online Dispute Resolution and Divorce, Rebecca Brennan
As Good As New: Conserving Artwork and the Destruction of Moral Rights, Nathan M. Davis
Is Ze an American or a Foreigner? Male or Female? Ze's Trapped!, Annette De La Torre
Reforming the Non-Obviousness Judicial Inquiry, Michelle Ernst
Sending the Principal to the Warden's Office: Holding School Officials Criminally Liable for Failing to Report Cyberbullying, Scott Farbish
Who Takes the Heat? Criminal Liability for Heat-Related Deaths in High School Athletics, David Feingold
Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility, Christina Fox
How New FTC Guidelines on Endorsement and Testimonials Will Affect Traditional and New Media, Jason Goldstein
American Library Association, Bradburn, and the Movement to Censor the Internet, Olivia J. Greer
Moving Beyond New Kids and Century 21: A New Test for Nominative Fair Use in the Domain Name Context, Robert Isabella
After the ECJ'S West Tankers: The Clash of Civilizations on the Issue of an Anti-Suit Injunction, Grace Gunah Kim
Ending the Disconnect for the Deaf Community: How Amendments to the Federal Regulations Can Realign the ADA with its Purpose, Hayley M. Koteen
East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA, Elana Levi-Tawil
Gender-Classified Imports: Equal Protection Violations in the Harmonized Tariff Schedule of the United States, Jason Lewis
Orphaned Art Consignors: Confusion in the Courts and the UCC, Michael Madigan
Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla
One Web to Unite Us All: Bridging the Digital Divide, Brooke Menschel
The Constitutionality of and Need for Retroactive Civil Legislation Relating to Child Sexual Abuse, Jenna Miller
The Difficult with Regulating Network Neutrality, Eric Null
Japan's Business Revitalization ADR: An Economic Savior or a Convenient Excuse to Avoid Bankruptcy?, Naoko Okamoto
Music to Everyone's Ears: Binding Mediation in Music Rights Disputes, Matthew H. Ormsbee
A Solution to Holdouts in the National Football League: How Salary Arbitration Can Limit a Growing Problem, Roger Quiles
Getting What They Are Owed: Restitution Fees for Victims of Child Pornography, Jennifer Rothman
The Demise of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
A Lesson From the Holocaust Restitution Movement for Armenians: Generate Momentum to Secure Restitution, Vartges Saroyan
Substantially Perfect: The Southern District of New York's Problematic Rewrite of the DMCA's Elements of Notification, Jeremy A. Schachter
Protecting the Right to Choose: Regulating Conscience Clauses in the Face of Moral Obligation, Huseina Sulaimanee
"Tour de Farce!" Misblurb Marketing in Film and Publishing, Matthew Tynan
The Adventures of 'Superman': A Narrative Worth Mediating, Jeffrey Zeman
Pregnancy Leave and Seniority Systems Under Title VII: A Critique of AT&T v. Hulteen, Polina Zhong
Submissions from 2010
Harm Without Recourse: The Need for a Private Right of Action in Federal Restraint and Seclusion Legislation, Alyssa Kaplan
Political Party Restrictions and the Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner
Deactivating the Mousetrap: Entrapment by Estoppel as a Defense to Federal Felon-in-Possession Charges, Madeline Stavis
No One Ever Died from Copyright Infringement: The Inducement Doctrine's Applicability to Firearms Manufacturer Liability, Shane Wagman
Politics as Usual? The Political Question Doctrine in Holocaust Restitution Litigation, Sarah Willig
Why Brokers Are Not Investment Advisers: ERISA's Fiduciary Duty Only Applies to Those Who Provide Investment Advice to Pension Plans, Lydia S. Amamoo
In Pursuit of Offshore Tax Evaders: The Increased Importance of International Cooperation in Tax Treaty Negotiations After United States v. UBS AG, Samantha H. Scavron
Receiverships in the Prison Litigation Context: Factors Necessary for an Effective Judicial Remedy of Last Resort, Liat Weingart
The Computerization of Land Records: How Advances in Recording Systems Affect the Rationale Behind Some Existing Chain of Title Doctrine, Emily Bayer-Pacht
Copyrights, Campaigns, and the Collective Administration of Performance Rights: A Call to End Blanket Licensing of Political Events, Lauren M. Bilasz
Statutory Development Rights: Why Implementing Vested Rights Through Statute Serves the Interests of the Developer and Government Alike, Brian K. Steinwascher
Confidential Witnesses: The Reform Act and the Battle at the Pleading Stage, Ariel S. Lichterman
Putting the Brakes on Libel Tourism: Examining the Effects Test as a Basis for Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Reasonableness Is Unreasonable: A New Jurisprudence of New York Adverse Possession Law, Jason Greenberg
Transitioning to Free Speech: A Case Study on Legal Transfers in Jordanian Jurisprudence, Sarah Joy Gregory
Foreword: New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Ellen Yaroshefsky
Abandoning the Ten Percent Rule and Reclaiming One Person, One Vote, Stephanie Cirkovich
Political Prediction Markets: A Better Way to Conduct Campaigns and Run Government, Andrew S. Goldberg
A Right to Bare All? Female Public Toplessness and Dealing With the Laws that Prohibit, Danielle Moriber
The Usual Practice: Raising and Deciding Failure to Exhaust Administrative Remedies as an Affirmative Defense Under the Prison Litigation Reform Act, Joshua S. Moskovitz
Mrs. Tschetschot's Busted Hand, Poker, and Taxes: The Inconsistent Application of Tax Laws on a Game of Skill, George Remennik
Section 8, Source of Income Discrimination, and Federal Preemption: Setting the Record Straight, Jenna Bernstein
Gentrification and Mediation: Where a Single Pronunciation and Differing Perceptions Converge, Tiffany Ansley
Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob
Right of Publicity Licensing in a New Age: No Doubt v. Activision Publishing, Inc., Marta Baffy
The Grapes of Wrathful Heirs: Terminations of Transfers of Copyright and "Agreements to the Contrary", Michael J. Bales
Keep Arbitration Alive: Why the Fairness in Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer
The Red Flag Test for Apparent Knowledge Under the DMCA §512(c) Safe Harbor, Liliana Chang
What Went Wrong? Why Family Preservation Programs Failed to Achieve Their Potential, Steven M. Cytryn
Security Council Resolution 1820: An Imperfect but Necessary Resolution to Protect Civilians from Rape in War Zones, Melissa Goldenberg Goldstoff
Child Custody: Don't Worry, a Bet Din Can Get it Right, Jeffrey Haberman
The Singer Did Not Approve This Message: Analyzing the Unauthorized Use of Copyrighted Music in Political Advertisements in Jackson Browne v. John McCain, David C. Johnston
"Cover My Pills": Contraceptive Equity and Religious Liberty in Catholic Charities v. Dinallo, Ayelet S. Lebovicz
Bringing Our Kids Home: International Parental Child Abduction & Japan's Refusal to Return Our Children, Robin S. Lee
Orthodox Jewish Women and Eligibility for the Parsonage Exemption, Jacob Lewin
The Bankruptcy Hegemon: Section 524(a) and Its Effect on State and Federal Comity, Benjamin Margulis
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits for Puerto Rican Veterans, Mónica Matos-Desa
As Long As "It" is Not Counterfeit: Holding eBay Liable for Secondary Trademark Infringement in the Wake of LVMH and Tiffany Inc., Ellie Mercado
Fulfilling the Washington Principles: A Proposal for Arbitration Panels to Resolve Holocaust-Era Art Claims, Jessica Mullery
A Practical Framework for Preventing "Mistrial by Twitter", Ebony Nicolas
The High Cost of Mandatory Arbitration, Martha Nimmer
Finding Fault with Defaults: New York Courts' Inconsistent Application of Issue Preclusion to Default Judgments, David Noland
Smacking Lesson: How the Council of Europe's Ban on Corporal Punishment Could Serve as a Model for the United States, Timothy John Nolen
Barriers to Financing: Is European Union Indirect Discrimination Law the Answer for Female Entrepreneurs?, Adam G. Panopoulos
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Almost Famous: Preventing Username-Squatting on Social Networking Websites, Zorik Pesochinsky
