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 2013
The Not-So-Artful Dodger: The McCourt-Selig Battle and the Powers of the Commissioner of Baseball, Matthew L. Winkel
All Bets are Off: Revisiting the Professional and Amateur Sports Protection Act (PASPA), Chil Woo
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
Submissions from 2012
A Power and a Duty: Prosecutorial Discretion and Obligation in United States Sentencing Guideline § 3E1.1(B), Laura Waters
Terminating Beyond the Limits: CMS Is Overreaching in Its Attempt to Regulate ACOs According to Antitrust Standards, Benjamin M. Zegarelli
Alternative Litigation Finance and the Usury Challenge: A Multi-Factor Approach, Sheri P. Adler
Employing Arbitration: FLSA Collective Actions Post-Concepcion, Iliza Bershad
Home Games: Legal Issues Concerning The Displacement of Property Owners at the Site of Olympic Venues, Jessica Blumert
Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich
Haute Copyright: Tailoring Copyright Protection to High-Profile Fashion Designs, Alexandra Manfredi
Variable Interest Entity Structures in the People's Republic of China: Is Uncertainty for Foreign Investors Part of China's Economic Development Plan?, David Schindelheim
Who Watches the Watchmen? Big Brother's Use of Wiretap Statutes to Place Civilians in Timeout, Travis S. Triano
Genocide Ideology Laws: Violation of Rwandan Peoples' 'Peoples' Rights'?, Casey Dalporto
The Lack of Accountability for the New York Police Department's Investigative Stops, Dasha Kabakova
Curb Your E-Waste: Why the United States Should Control Its Electronic Waste Exports, Louisa Olds
Herding Immunity: Can U.S. Public Health Fight Off Disease Using Canada's Voluntary Vaccination System?, Tara Sheoran
Legal Lock-Picking: An Analysis of Anti-Circumvention Law in the United States and Brazil, Skyler Sourifman
Read Between the Lines: Why Recent ILSA Litigation Is Bad for Business and Contravenes Congressional Intent, Joseph Einav
Administrative Justice: Using Agency Declaratory Orders in the Fight to Staunch the Financing of Terrorism, J. David Pollock
Plaintiff Anonymity During Civil Litigation of Childhood Sexual Abuse Cases, Amit Shertzer
Client Confidentiality and the External Regulation of the Legal Profession: Reporting Requirements in the United States and United Kingdom, Maria Castilla
Childhood Obesity: Balancing the Nation's Interest With a Parent's Constitutional Right to Privacy, Denise Cohen
S-Comm: Shattering Communities, Hannah Weinstein
Preemptive Ex Parte Seizure Orders and Substantive Relief: A Far Cry from Congressional Intent, Daniel Grobman
Prescribing Disproportionate Punishment: The Federal Sentencing Guidelines for Illegal Reentry, Zoey T. Jones
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman
Special Access: The Harm of Premature Deregulation in Telecommunications, Cary E. Adickman
Sex Change: Changing the Face of Transgender Policy in the United States, Amy Ballard
"U" Stands for Underutilization: The U Visa's Vulnerability for Underuse in the Sex Trafficking Context, Erin Bistricer
Share His Dream: A Fair Use Standard for Historico-Political Figures' Rights of Publicity, Joshua Bloomgarden
For Richer or Poorer: The Defense of Marriage Act's Waning Legitimacy in Bankruptcy Court, Colin M. Bowes
Internet Advertising After Sorrell v. IMS Health: A Discussion on Data Privacy & The First Amendment, Agatha M. Cole
"The Life of the Flesh is in the Blood": State Storage and Usage of Baby's Blood Sample, Jaclyn S. D'Arminio
Switching the Flip: Questioning the Government's Authority to Shut Down Communication Networks in Furtherance of Public Safety, Eric B. Einisman
To Kill a Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs, Lancelot L. Esteibar
Stealing Bacardi's Thunder: Why the Patent and Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Old Problem, New Medium: Deception in Computer-Facilitated Negotiation and Dispute Resolution, Brian Farkas
Protecting Single Color Trademarks in Fashion after Louboutin, Danielle E. Gorman
Revisiting Single Color Trademarks in Fashion after Louboutin, Danielle E. Gorman
It's in the Game: Redefining the Transformative Use Test for the Video Game Arena, Joseph Gutmann
Expediting Green Patents: The Expedited Examination Programs' Contribution to Diminished Patent Quality, Ashleigh Hebert
Cyber Crime Control: Will Websites Ever Be Held Accountable for the Legal Activities They Profit From?, Ashley Ingber
Taming the Hydra of Derivatives Regulation: Examining New Regulatory Approaches to OTC Derivatives in the United States and Europe, Daria S. Latysheva
Where Are They Coming From, Where Are They Going: Demanding Accountability in International Adoption, Elizabeth Long
A Meteorite and a Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, Sam Markowitz
Using Principles and Policies of Maritime Arbitration to Guide Responsible Parties in Oil Spill Claims Resolution, Lucy Martucci
Defending America Against Chinese Cyber Espionage Through the Use of Active Defenses, Alexander Melnitzky
Possible Solutions to the Guitar Tablature Problem: Why an International Approach May Be Best for All, Lauren Myers
Abuse, Mediation and the Catholic Church: How Enforcing and Improving Existing Statutes Will Help Victims Recover, Jeffrey Pruzan
Applying Privilege in International Arbitration: The Case for a Uniform Rule, Rachel Reiser
Constitutional Implications of Title IX Compliance in Colleges and Universities, Michael Rosen
Red with Envy: Why the Fashion Industry Should Embrace ADR as a Viable Solution to Resolving Trademark Disputes, Erica S. Schwartz
Predators in Paradise: Puerto Rico's Recent Sex Offender Problems and the Federal Government's Ill Suited Solutions, Adan Soltren
Untold Truths: What Adoptive Parents Should Know About Their Adoptee's In Utero Drug and Alcohol Exposure, Mehrnoosh Torbatnejad
A Moot Issue? Rethinking Holocaust Era Restitution of Jewish Confiscated Personal Property in Poland, Lara Weissman
The Use of Mediation as a Complement to the Integrated Domestic Violence Courts of New York, Lauren K. Williams
Submissions from 2011
A Mosaic Shield: Maynard, the Fourth Amendment, and Privacy Rights in the Digital Age, Erin Smith Dennis
Separating the Sheep from the Goats: Celebrity Satire as Fair Use, Nicholas D. Sirabella
Overcharge but Don't Overestimate: Calculating Damages for Antitrust Injuries in Two-Sided Markets, Daniel M. Tracer
Isn't It Ironic? The Undermining of American Public Policy by American Tax Law, and the Ramifications on Middle East Peace, Amanda Berman
Restoring Restitution: The Role of Proximate Causation in Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. DiBari
Lien Priorities: The Defects of Limiting the "Super Priority" for Common Interest Communities, Daniel Goldmintz
Comity of Errors: The Overemphasis of Plaintiff Citizenship in Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Up Against The Wall: A Guide to the Effective Screening of Former Government Attorneys in New York, Shira Mizrahi
The Manual Scavenging Problem: A Case for the Supreme Court of India, Samuel D. Permutt
Stop with the Exceptions: A Narrow Interpretation of Tinker for All Student Speech Claims, Matthew Sheffield
Battling Clearance Culture Shock: Comparing U.S. Fair Use and Canadian Fair Dealing in Advancing Freedom of Expression in Non-Fiction Film, Sarah Sklar-Heyn
A Tale of Two Cases: Baehr v. Miike, Perry v. Schwarzenegger, and the Future of Same-Sex Marriage Litigation, Samuel Yaggy
The Kiyemba Paradox: Creating a Judicial Framework to Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow
Prognosis Indeterminable: How Patent Non-Obviousness Outcomes Depend Too Much on Decision-Makers, Benjamin H. Graf
A Call for Mediated Solutions to Arctic Region Disputes, Bradley L. Roth
Joint Bank Accounts in New York: Confusion, Discrimination, and the Need for Change, Carolyn Satenberg
United States v. UBS AG: Has the United States Successfully Cracked the Vault to Swiss Banking Secrecy?, Eric M. Victorson
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
Addressing Human Trafficking Along the United States-Mexico Border: The Need for a Bilateral Partnership, Rocio Garza
Reparations for Displaced Torture Victims, Kathryn Metcalf
'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.
