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
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
State Law Tort Claims and the FDA: Proposing a Consumer-Oriented Prescription in Medical Device Cases, Sasha B. Rieders
"In the Light of Reason and Experience": The Scope of Evidentiary Privilege in the Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun
Out With the Old and in with the New: The Second Circuit Shows It's Time for the Supreme Court to Finally Overrule McDonnell Douglas, Kerry S. Acocella
Maybe Not the Best Solution, But a Solution: The German Foundation Agreement, Jolie Bell
Not If, But When?: Dismantling the Florida Adoption Act of 2001, Andrew T. Binstock
A Prisoner's Right to Transsexual Therapies: A Look at Brooks v. Berg, Linda D. Chin
Loose Not The Floodgates, Benjamin J. Cooper
The Sexual Assault Crisis in the United States Air Force Academy, Colleen Dalton
Patriarchy on Lockdown: Deliberate Indifference and Male Prison Rape, Olga Giller
ADR of Patent Disputes: A Customized Prescription, Not an Over-the-Counter Remedy, Marion M. Lim
The Myth of Habitual Residence: Why American Courts Should Adopt the Delvoye Standard for Habitual Residence Under the Hague Convention on the Civil Aspects of International Child Abduction, Stephen E. Schwartz
UNCITRAL, Its Workings in International Arbitration and a New Model Conciliation Law, William K. Slate II, Seth H. Lieberman, Joseph R. Weiner, and Marko Micanovic
Submissions from 2003
Retaining the Debtor's Attorney: Preemption of Voidable Preference Law by Section 329(b), Ilana Kameros Chalfin
Criminal Statutes of Limitations: An Obstacle to the Prosecution and Punishment of Child Sexual Abuse, Jodi Leibowitz
Scaling Back Constitutional Aspirations, Paula L. Miller
State Doctrines of Substantial Compliance: A Call for ERISA Preemption and Uniform Federal Common Law Doctrine, Meridith H. Bogart
The Need for Stricter Scrutiny: Application of the Revlon Standard to the Use of Standstill Agreements, Brian K. Kidd
Giving up on Voluntary Surrender: The Rights of a Sublessee When the Tenant and Landlord Cancel the Main Lease, Stephen T. Kaiser
Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding DNA in the Post-Conviction Arena, Brian T. Kohn
Children as Chattel: Invoking the Thirteenth Amendment to Reform Child Welfare, Kurt Mundorff
Punishing the Faithful: Freud, Religion, and the Law, Davida A. Williams
On the Road: The Supreme Court and the History of Circuit Riding, Joshua Glick
Special Juries: Deterring Spurious Medical Malpractice Litigation in State Courts, Alan Feigenbaum
Shattered Dreams: Hazing in College Athletics, Joshua A. Sussberg
How the Overturn of the Child Pornography Prevention Act Under Ashcroft v. Free Speech Coalition Contributes to the Protection of Children, Emily D. Goldberg
Breastfeeding or Bust: The Need for Legislation to Protect a Mother's Right to Express Breast Milk at Work, Elissa Aaronson Goodman
Contracts of Convenience: Preventing Employers from Unilaterally Modifying Promises Made in Employee Handbooks, Brian T. Kohn
"Buyer's Regret" No Longer: Drafting Effective MAC Clauses in a Post-IBP Environment, Sherri L. Toub
Submissions from 2002
The Brown Shoe of European Union Competition Law, Eric S. Hochstadt
Consolidated Groups Must Use a Separate Entity Approach When Reducing Tax Attributes in Bankruptcy, Natalie C. Khavulya-Maksin
The Cure and Reinstatement of Mortgages by Third Party Assignees, Arthur J. Margulies
Do Debtors Owe Rent to Their Bankruptcy Trustee for Remaining in the Home After Filing and Prior to Foreclosure, Notwithstanding a Homestead Exemption?, Vladimir Elgort
The Blooding of America: Privacy and the DNA Dragnet, Jeffrey S. Grand
Uncertain Risk: The United States Military and the International Criminal Court, Christopher M. Van de Kieft
Curing Healthcare Providers' Failure to Administer Opioids in the Treatment of Severe Pain, Rima J. Oken
Losing Sight of the Utilitarian Forest for the Retributivist Trees: An Analysis of the Role of Public Opinion in a Utilitarian Model of Punishment, Andrew R. Strauss
Mouse-to-Mouse Resuscitation: Cybermedicine and the Need for Federal Regulation, Shira D. Weiner
Immigration Sponsorship Rights for Gay and Lesbian Couples: Defining Partnerships, Desiree Alonso
The Dangers of Mediation in Domestic Violence Cases, Sarah Krieger
Employee Patents on Computer-Implemented Inventions: The Conundrum of Separate Ownership of Patent and Copyright, David Loretto
Not as Simple as Learning the ABC's: A Comment on Owasso Independent School District No. I-Ol1 v. Falvo and the State of the Family Educational Rights and Privacy Act, Randi M. Rothberg
How Should Legislation Deal with Children As the Victims and Perpetrators of Cyberstalking?, Kimberly Wingteung Seto
