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 2004
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
Something's Rotten in the State of Party-Appointed Arbitration: Healing ADR's Black Eye that is "Nonneutral Neutrals", Seth H. Lieberman
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
The Munich Pact of 1938: ADR Strategies for Our Time?, Lionel D. Warshauer
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
Peer Mediation Programs: An End to School Violence?, Alixandra Blitz
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
Reason over Rhetoric: The Case for Enforcing PreDispute Agreements to Arbitrate Employment Discrimination Claims, Craig Hanlon
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
Victim-Offender Mediation and Violent Crimes: On the Way to Justice, Ilyssa Wellikoff
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
Development of China’s Legal System Will Strengthen Its Mediation Programs, Deborah Chow
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
A Question of Revenge: Munchausen Syndrome By Proxy and a Proposed Diminished Capacity Defense for Homicidal Mothers, E. Selene Steelman
Victimizing the Victim: Evicting Domestic Violence Victims from Public Housing Based on the Zero-Tolerance Policy, Tara M. Vrettos
Even In Victory: Darcy Ting Defeated AT&T, Yet the Consumer-At-Large, Again Has Lost, Eric Weiner
Preventing Inequities in Divorce and Education: The Equitable Distribution of a Career Absent an Advanced Degree or License, Sebastian Weiss
Submissions from 2001
Application of the Rational Basis Test to Treaty-Implementing Legislation: The Need for a More Stringent Standard of Review, Virginia H. Johnson
"Counselor, Proceed with Caution": The Use of Integrated Evidence Presentation Systems and Computer-Generated Evidence in the Courtroom, Elan E. Weinreb
True Threats: Evolving Mens Rea Requirements for Violations of 18 U.S.C. § 875(c), Justin Myer Lichterman
Ziggy Stardust Reborn: A Proposed Modification of the Bowie Bond, Adam Grant
Inadvertent Disclosure and the Attorney-Client Privilege: Looking to the Work-Product Doctrine for Guidance, Ken M. Zeidner
Mandatory Dispute Resolution: New York's Recall on Welfare Recipients' Due Process Rights, Rachael Dehner
One for My Baby, One More for the Road: Legislation and Counseling to Prevent Prenatal Exposure to Alcohol, James Drago
Has the Computer Revolution Placed Our Children in Danger? A Closer Look at the Child Pornography Prevention Act of 1996, Alison R. Gladowsky
Expedited HIV Testing: An Unnecessary Test that is Allowing the State to Trample on a Woman's Constitutional Rights, Sheree Gootzeit
In-Prison Day Care: A Correctional Alternative for Women Offenders, Jessica Y. Kim
Taming the Pernicious Creature that Is § 523(a) (15) of the United States Bankruptcy Code, Jeffrey Margolin
Function, Nonfunction, and Monumental Works of Architecture: An Interpretive Lens in Copyright Law, Melissa M. Mathis
The Homosexual-Advance Defense and Hate Crimes Statutes: Their Interaction and Conflict, Scott D. McCoy
Fetal Neglect and State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Requiring Accountability Among Those Who Sell Firearms: Ignorance of the Law Should Not Be an Excuse, Uri Matthew Myerson
Drug Tests, Arrests & Fetuses: A Comment on the U.S. Supreme Court's Narrow Opinion in Ferguson v. City of Charleston, Brigitte M. Nahas
Submissions from 2000
Must-Carry Rules in the Transition to Digital Television: A Delicate Constitutional Balance, Albert N. Lung
Redefining the Refugee: The Universal Declaration of Human Rights as a Basis for Refugee Protection, Michael J. Parrish
Down on the Corner: An Analysis of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Come and Knock on Our Door: The Fair Debt Collection Practices Act's Intrusion into New York's Summary Proceedings Law, Kara B. Schissler
Thirty-Day Restrictions on Attorney Direct-Mail Solicitation: The United States Supreme Court Went for It, Steven M. Field
Determining Ownership of Foreign Copyright: A Three-Tier Proposal, Binyomin Kaplan
Ganging Up on Police Brutality: Municipal Liability for the Unconstitutional Actions of Multiple Police Officers Under 42 U.S.C. § 1983, Adam S. Lurie
ERISA Qualified Pension Plans as Part of the Bankruptcy Estate After Patterson v. Shumate, Lisa M. Smith
To Thine Own Claim Be True: The Federal Circuit Disaster in Exxon Chemical Patents, Inc. v. Lubrizol Corp., Jason M. Okun
Electronic Media Discovery: The Economic Benefit of Pay-Per-View, Marnie H. Pulver
Bringing Down the Bar: Accountants Challenge Meaning of Unauthorized Practice, Susan B. Schwab
Criminal and Civil Parental Liability Statutes: Would They Have Saved the 15 Who Died at Columbine?, Eric P. Ebenstein
Parental Liability and the Criminal Misconduct of Children in the Wake of an Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Liberal Discovery of Non-Party Records: In Defense of the Defense, Melissa E. Rosenthal
Submissions from 1999
The Heist of Feist: Protection for Collections of Information and the Possible Federalization of "Hot News", Jason R. Boyarski
Wage Garnishments in Bankruptcy: Riddervold Revisited, Matthew Frankle
Assets in Wonderland: The IRS's Inconsistent Policy on Software Costs, Vsevolod L. Maksin
Reclaiming Our Public Schools: A Proposal for School-Wide Drug Testing, Joanna Raby
Time Is Running Out for Customized Software: Resolving the Goods Versus Service Controversy for Year 2000 Contractual Disputes, Jennifer B. Cannata
Honey, I Shrink-Wrapped the Consumer: The Shrink-Wrap Agreement as an Adhesion Contract, Batya Goodman
Environmental Justice: From Partial Victories to Complete Solutions, Valerie P. Mahoney
Laymen Cannot Lawyer, but Is Mediation the Practice of Law?, Joshua R. Schwartz
The Second Circuit's Attack on Jury Nullification in United States v. Thomas: In Disregard of the Law and the Evidence, Ran Zev Schijanovich
A Progression Toward Freedom: Protecting the Disabled Under the Ku Klux Klan Act, Gabriella A. Davi
Intellectual Property As An Investment: A Look At How ADR Relates to the European Union’s Proposal for Electronic Commerce in the Single Market, Melissa Devack
A Solomonic Decision: What Will Be the Fate of Frozen Preembryos?, David H. Fiestal
Rule 45(b): Ambiguity in Federal Subpoena Service, Orlee Goldfeld
