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 2010
Sharing the Stage: Using Title VII to End Discrimination Against Female Playwrights on Broadway, Marisa Rothstein
Online Dispute Resolution with China: Advantageous, But at What Cost?, Jennifer Sackin
Lost Children: The Abuse and Neglect of Minors in Polygamous Communities of North America, Kelly R. Schwab
Sects' Offenders: The Inefficacy of Sex Offender Residency Laws and Their Burdens on the Free Exercise of Religion, Amol N. Sinha
When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration of IP and Customary Law, Stephanie Spangler
The Federal Arbitration Act After Alafabco: A Case Analysis, Benjamin D. Tievsky
Expanding the Brand: The Case for Greater Enforcement of Mandatory Mediation in Trademark Disputes, Max Vilenchik
Distribution, I Presume: A Role for Presumptions in Establishing the "Making Available" Right, Joe Weissman
Transcending Cultural Nationalist and Internationalist Tendencies: The Case for Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff
The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao
Submissions from 2009
A Round Peg for a Square Hole: The Mismatch Between Subprime Borrowers and Federal Mortgage Remedies, Arielle L. Katzman
Terms Subject to Change: Assent and Unconscionability in Contracts That Contemplate Amendment, Daniel Watkins
Fair Presentation and Exhaustion: The Search for Identical Standards, Jonah Wexler
Privacy in the Age of Tracking Technology: Why G.P.S. Technology Should Not be Used to Track Process Servers, Talia E. Neri
To Disclose or Not to Disclose? CSX Corp., Total Return Swaps, and Their Implications for Schedule 13D Filing Purposes, Daniel Bertaccini
The Burden of Establishing Patent Invalidity: Maintaining a Heightened Evidentiary Standard Despite Increasing "Verbal Variances", Etan S. Chatlynne
Suspicionless Laptop Searches Under the Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio
A Choice of Law Dilemma: The Conflict and Reconciliation of Laws Governing Cross-Border Transfers of Stolen Art, Monique Lee
Buying Back Elections: Extending Supreme Court Speech Limitations to Eliminate Leadership PACS, Justin Luehman
A License to Kill: America's Balance of War Powers and the Flaws of the War Powers Resolution, Michael Mandel
The High Costs of Costs: Fees as Barriers to Access within the United States and Canadian Freedom of Information Régimes, Zachary Pall
Reconciling the Patent Exhaustion and Conditional Sale Doctrines in Light of Quanta Computer v. LG Electronics, Erin Julia Daida Austin
Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem
The Tail Wagging the Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer
The Spoils System in Check? Public Employees' Right to Political Affiliation & the Balkanized Policymaking Exception to § 1983 Liability for Wrongful Termination, Christopher V. Fenlon
Publishing Raymond Carver's "Original" Stories as "Fair Use", Matthew J. Weldon
Screening Out Cyberbullies: Remedies for Victims on the Internet Playground, Shira Auerbach
Reinvigorating Nonprofit Directors' Duty of Obedience, Jeremy Benjamin
Protecting the Right to Marital Property: Ensuring a Full Equitable Distribution Award with Fraudulent Conveyance Law, Benjamin M. Ellis
For Promotional Use Only: Is the Resale of a Promotional CD Protected by the First Sale Doctrine?, Keith Harris
Assessing the Scope of Williamson County: Why It Should Be Applied to Private Purpose Claims, Jonathan Rohr
The Role of Litigation in Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis of Pelman v. McDonald's Corp., Ashley B. Antler
Hot Pursuit: The Media's Liability for Intentional Infliction of Emotional Distress through Newsgathering, Heather Berger
Use It or Lose It! Burdens of Proof in Non-Use Cancellation Actions: A Call for Balance in the Trademark Laws of Thailand, Indonesia, and India, Robin N. Brenner
The Beginning of a New Age?: The Unconscionability of the "360-Degree" Deal, Ian Brereton
We Can Do Better: The State of Custodial Misconduct by Correctional Staff in New York, Tanyika Brime
Goodbye, Norma Jean: Marilyn Monroe and the Right of Publicity's Transformation at Death, Michael Decker
Yada, Yada, Yada: Seinfeld, the Law and Mediation, Paul Devendorf
Defensive Mechanism: A Father's Right to Defend the Unborn, Lawrence Estrada
The Women's Right to Participate in the Game of Baseball, David Fintz
No More Power to Imply: Gonzaga v. Doe and the Evisceration of § 253(c) of the Telecommunications Act, Josh Gajer
A Safe Haven for Nixzmary Brown, Chantal L. Hamlin
Steroid Regulation in Professional Sports: Sarbanes-Oxley as a Guide, Sarah R. Heisler
Racing For the Arctic? Better Bring a Flag, Jordan Hellman
The Work/Family Balance: New York's Struggle to Harmonize Domestic and Employment Spheres, Kerry Anne Hoffman
Super Bowl Hero to Bank Account Zero, Scott Hollander
Rectifying the Missing Costs of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Ianfu: No Comfort Yet for Korean Comfort Women and the Impact of House Resolution 121, James Ladino
The Funny Thing About Mediation: A Rationale for the Use of Humor in Mediation, Whitney Meers
Filtering Systems or Fair Use? A Comparative Analysis of Proposed Regulations for User-Generated Content, Brette G. Meyers
A Proposed Restriction on the First Amendment: Protecting Children from Internet Pedophiles, Jennifer L. Pass
Licensing Technology to the BRICS: The Case for ADR, Aaron Pereira
Ruling with an Iron Fist: The TTAB's Strict Standard for Fraud for Trademark Registrants and Its Sanctions for Fraudulent Registrations, Meryl Rothchild
Taking Chances: The United States' Policy on Internet Gambling and Its International Implications, Yevgeniya Roysen
Barriers to Freedom: Continued Failure of U.S. Immigration Laws to Offer Equal Protection to Immigrant Battered Women, Katerina Shaw
Alternative Dispute Resolution in Small Consensual Litigation: Too Much of a Good Thing?, Mark S. Simms
Eye of the Tiger: China Will Rise Up to the Challenge of its Rivals, Benjamin S. Thompson
Coping with Combat Claims: An Analysis of the Foreign Claims Act's Combat Exclusion, Jordan Walerstein
The Triumph of Confucianism: How a Subjugated Legal System is Failing a Generation of Chinese Women and Girls, YuFan Stephanie Wang
Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement, Yael Weitz
Judges Gone Wild: Why Breaking the Mediation Confidentiality Privilege for Acting in "Bad Faith" Should be Reevaluated in Court-Ordered Mandatory Mediation, Samara Zimmerman
Submissions from 2008
Rights Without Remedy: The Myth of State Court Accessibility After the Prison Litigation Reform Act, Alison Brill
From the Runway to the Courtroom: How Substantial Similarity Is Unfit for Fashion, Victoria Elman
A Taxing Statute: Costly Conjuncts and their Logical Fallout, Timothy Deering
Punishing Aggressors in U.S. Courts: Will the Act of State Doctrine Bar National Prosecution of the Crime of Aggression?, Gergana Halpern
International Coffee Regulation: A Comparison of the International Coffee Organization and the Fair Trade Coffee Regimes, Scott B. Weese
Knowledge or Purpose? The Khulumani Litigation and the Standard for Aiding and Abetting Liability Under the Alien Tort Claims Act, Shriram Bhashyam
Finding Fault: Implications of Importing the Title VII Standard for Vicarious Punitive Liability to the Fair Housing Act, Jessica Reingold Katz
The Simpsons, 24, and the Law: How Homer Simpson and Jack Bauer Influence Congressional Lawmaking and Judicial Reasoning, Steven Keslowitz
Intestate Inheritance Claims: Determining a Child's Right to Inherit When Biological and Presumptive Paternity Overlap, Megan Pendleton
Aging Out of Foster Care: Enforcing the Independent Living Program Through Contract Liability, Jennifer Sapp
Substantial Evidence in the Law of International Trade: Meaningful Judicial Review of Antidumping Actions or Perpetuation of the Yo-Yo Effect?, Bryan A. Edens
MySpace in a Post-Grokster World: Digital Finger Pointing for Offenses Perpetrated Through Use of Social Networking Sites After MGM v. Grokster, Cheryl J. Eisner
Resolving the Presidential Signing Statement Controversy: New York State as a Separation of Powers Laboratory, Kristien G. Knapp
A Proposal to Replace the Subconscious Copying Doctrine, Carissa L. Alden
Stray Remarks and Mixed-Motive Cases After Desert Palace v. Costa: A Proximity Test for Determining Minimal Causation, Ezra S. Greenberg
Redefining the Question: Applying a Hierarchical Structure to the Mens Rea Requirement for Section 875(c), Karen Rosenfield
Divorce Mediation - Limiting the Profession to Family/ Matrimonial Lawyers, Jaime Abraham
Letting "Privates" Be Private: Toward a Right of Gender SelfDetermination, Samuel E. Bartos
Wedlock, Blood Relationship, and Citizenship, Logan Bobo
Fantasy Sports: A Game of Skill That Is Implicitly Legal Under State Law, and Now Explicitly Legal Under Federal Law, Jon Boswell
Four Thousand Words on Finnegans Wake: The Misuse of Copyright Doctrine and the Controversy Surrounding the Estate of James Joyce, Samantha Brand
Real Art Calls for Real Legislation: An Argument Against Adoption of the Design Piracy Prohibition Act, Anya Jenkins Ferris
What the Sioux Should Do: Lanham Act Challenges in the Post-Harjo Era, Jason Finkelstein
Reporting Sexual Assault of Women in the Military, Jodie Friedman
