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 2008
Privacy from Photography: Is There a Right Not To Be Photographed Under New York State Law?, Ariella Goldstein
Inflating Goodyear's Bottom Line: Paying Women Less and Getting Away With It, Amalia Goldvaser
Rejection of the Need for Informed Consent in Prostate Tissue Sample Research, William Hanes
Incest and Sex Offender Registration: Who is Registration Helping and Who is it Hurting?, Jocelyn Ho
Introduction, Rachel Kalman
Product Placement in the United States: A Revolution in Need of Regulation, Sandra Lee
Creating a Proper Incentive Structure: A Case Study of Ledbetter v. Goodyear Tire & Rubber Co., Young Eun Lee
Change of Sex Designation on Transsexuals' Birth Certificates: Public Policy and Equal Protection, Stephanie Markowitz
A Defense of Patenting Human Gene Sequences Under U.S. Law: Support for the Patenting of Isolated and Purified Substances, Lauren M. Nowierski
Paparazzi/Blogger Face-Off: Opportunity Knocking for a Fair Use Limit?, Eaton O'Neill
The Changing Faces of Women's Colleges: Striking a Balance Between Transgender Rights and Women's Colleges' Right to Exclude, Cathy Perifimos
Criminal Manifestos and the Media, Arlen Pyenson
Strict Liability and Negligent Rape: Or How I Learned to Start Worrying and Question the Criminal Justice System, Dini Rosenbaum
ADR in the Music Industry: Tailoring Dispute Resolution to the Different Stages of the Artist-Label Relationship, Kaleena Scamman
Employer Liability Under Title VII: Creating an Employer Affirmative Defense for Retaliation Claims, Steven Seidenfeld
Amending the Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System: Incorporating Sexual Orientation and Gender Identity into the Rehabilitative Process, Heather Squatriglia
Defining Expeditious: Uncharted Territory of the DMCA Safe Harbor Provision, Debra Weinstein
Baby Steps to "Grown-Up" Divorce: The Introduction of the Collaborative Family Law Center and the Continued Need for True No-Fault Divorce in New York, Gabriella L. Zborovsky
Submissions from 2007
It's Just Not Cricket: Is the Principle of Reciprocity Being Honored in the U.S.-U.K. Extradition Treaty?, Richard Goldberger
Securities Class Action Abuse: Protecting Small Plaintiffs' Big Money, Russell Kamerman
Silenced: The Search for a Legally Accountable Censor and Why Sanitization of the Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Recording Satellite Radio - Adapting to Modern Technology or Infringing Copyright?, Jason A. Auerbach
A Helping Hand: Addressing New Implications of the Espionage Act on Freedom of the Press, Laura Barandes
Separating Civil Unions and Religious Marriage-A New Paradigm For Recognizing Same-Sex Relationships, Dov Berger
The Practicability of Amnesty As a Non-Prosecutory Alternative in Post-Conflict Uganda, Kathleen Ellen MacMillan
Recalibrating Depravity in a Feingold Regime: Why New York Courts Should Maintain Register's Approach to Depraved Indifference in Cases of Murder by Abuse, Carrie L. Maylor
"Prologue To a Farce?" A Historical Perspective on the AIPAC Case and the Applicability of the Espionage Act to Journalists, Peter Shapiro
Straddling the Line of Medical Malpractice: Why There Should Be a Private Cause of Action Against Physicians via EMTALA, Lawrence Bluestone
Don't Sweat It: Copyright Protection for Yoga ... Are Exercise Routines Next?, Karolina Jesien
The Negative Effect of Pharmaceutical Patents on South African Industry, Chenxi Jiao
Means to Legitimate Ends: Same-Sex Marriage Through the Lens of Illegitimacy-Based Discrimination, Benjamin G. Ledsham
An Examination of Guest Worker Immigration Reform Policies in the United States, Merav Lichtenstein
Birds of an Illegal Feather: Prostitution and Paid Pornography Should Be Criminalized Together, Zachary David Streit
Negotiated Shame: An Inquiry into the Efficacy of Settlement in Imposing Publicity Sanctions on Corporations, Joshua Andrix
Difficult, Duplicative and Wasteful?: The NASD's Prohibition of Class Action Arbitration in the Post-Bazzle Era, Matthew Eisler
Tool of the Trademark: Brand Criticism and Free Speech Problems with the Trademark Dilution Revision Act of 2006, Jesse A. Hofrichter
Battling Breast Cancer: New York's Laws Are Not Enough, Tara Arschin
French Headscarves and the U.S. Constitution: Parents, Children, and Free Exercise of Religion, Christina A. Baker
What Does Accidental Mean?: Autoerotic Asphyxiation as an Illustration of the Problems Affecting Accident Insurance, Gabriel Burnham
Coming into Compliance with TRIPS: A Discussion of India's New Patent Laws, Jeffrey Colin
The Safety Net Revisited? The Continuing Impact of Welfare Reform in New York City and Nationwide, Laura R. Goldin
Judicial Selection as it Relates to Gender Equality on the Bench, Adam Goldstein
Women and Weight-Based Employment Discrimination, Alexandra W. Griffin
ebay v. Mercexchange: Looking at the Cause and Effect of a Shift in the Standard for Issuing Patent Injunctions, Rebecca A. Hand
Makeup for Success: Why Jespersen v. Harrah's Stifles Diversity By Promoting Stereotypes in Employment, Alison J. Hartwell
A Feminist Human Rights Law Approach for Engendering the Millennium Development Goals, Christina T. Holder
The Market-Participant Exception and the Dormant Foreign Commerce Clause, J. T. Hutchens
Sex Required: The Impact of Massachusetts' Same-Sex Marriage Cases on Marriages with Intersex and Transsexual Partners, Aleks Kajstura
Oysters and Oligonucleotides: Concerns and Proposals for Patenting Research Tools, Cara Koss
Forced Medication and the Need to Protect the Rights of the Mentally Ill Criminal Defendant, Emily C. Lieberman
Reforming Section 115: Escape from the Byzantine World of Mechanical Licensing, Skyla Mitchell
Of All the Things I've Lost, I Miss My Marbles the Most! An Alternative Approach to the Epic Problem of the Elgin Marbles, Melineh S. Ounanian
The Internal Revenue Service and Alternative Dispute Resolution: Moving from Infancy to Legitimacy, David Parsly
News Media as Mediators, Carol Pauli
To Achieve Closure of the Hatch-Waxman Act's Loopholes, Legislative Action is Unnecessary; Generic Manufacturers Are Able to Hold Their Own, Yana Pechersky
Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry, Abigail Penzell
COPE-ing with the Future: An Examination of the Potential Copyright Liability of Non-Neutral Networks for Infringing Internet Content, Alex Pisarevsky
The War on Speech in the War on Terror: An Examination of the Espionage Act Applied to Modern First Amendment Doctrine, Emily Posner
All Quiet on the Middle Eastern Front? Proposed Legislation to Regulate Milblogs and Effectuate the First Amendment in the Combat Zone, Michelle Rosengarten
Strike Three - You're Out! Revamping the New York State Taylor Law in Response to Three Transport Workers' Strikes, Erin Audra Russ
Reading Is Fundamental: Why the No Child Left Behind Act Necessitates Recognition of a Fundamental Right to Education, Michael Salerno
Healing a Fractured Community: The Use of Community Sentencing Circles in Response to Hate Crimes, Brian Sapir
Is an Accrued Cause of Action for Copyright Infringement More Like a Kidney or a Contract?, Bryanne J. Schmitt
Anonymity on the Internet: How Does It Work, Who Needs It, and What Are Its Policy Implications?, Eric J. Stieglitz
Langan v. St. Vincent Hospital: A Fearful Court or a Properly Measured Response?, Jeniffer Viscarra
The Role of Museums in Sustaining the Illicit Trade in Cultural Property, Leah Weiss
HIV Testing of Pregnant Women: Why Present Approaches Fail to Reach the Desired Objective & The Unconsidered Option, Michelle Yuen
Submissions from 2006
The Next Step in Interpreting Criminal Forfeiture, Avital Blanchard
The Limits of Bankruptcy Code Preemption: Debt Discharge and Voidable Preference Reconsidered in Light of Sherwood Partners, Alan J. Feld
Barbarians at the Ballot Box: The Use of Hedging to Acquire Low Cost Corporate Influence and Its Effect on Shareholder Apathy, Jonathan J. Katz
Is a Giant Inflatable Rat an Unlawful Secondary Picket Under Section 8(b)(4)(ii)(B) of the National Labor Relations Act?, Tzvi Mackson-Landsberg
Exactions: Exploring Exactly When Nollan and Dolan Should Be Triggered, Jane C. Needleman
An Unwarranted Disparity: Granting Fast-Track Departures in Non-Fast-Track Districts, Evan W. Bolla
Two Constitutional Wrongs Do Not Make a Right: Double Jeopardy and Prosecutorial Misconduct Under the Brady Doctrine, Adam M. Harris
A New Test for Obviousness in Combination Patents: Economic Synergy, Tamir Packin
Refining the Production Burden for "Regarded as Disabled" Claimants, Jennifer Schechter Sharret
Interpreting the Wiretap Act: Applying Ordinary Rules of "Transit" to the Internet Context, Samantha L. Martin
Preemption or Bust: Fear and Loathing in the Battle over Broadband, D. Stan O'Loughlin
Debtor-Filed Acknowledgments of Creditors' Claims: An Alternative Approach to Proof of Claim in Chapter 13, Arpan K. Punyani
Aiding the Final Push of the Digital Transition, Andrew L. Shapiro
Panel Report: Investigative Journalism and National Security, Zachary D. Streit
The Beginning of the End to a Tax-Free Internet: Developing an E-Commerce Clause, Pamela Swidler
Carbon Dioxide and the Clean Air Act, Eric Schwartz
United States' Moral Authority Undermined: The Foreign Affairs Costs of Abusive Detentions, Jeffrey K. Cassin
Accurate or Appalling: Representations of Women Lawyers in Popular Culture, Laura Grosshans
WARN's Place in the FLSA / Employment Discrimination Dichotomy: Why a Warning Cannot Be Waived, Evan Hudson-Plush
Disability-Based Peremptory Challenge: Need for Elimination, Natasha Azava
Addressing Questionable Business Method Patents Prior to Issuance: A Two-Part Proposal, Andrew Kopelman
An Alternative to the Contingent Fee? An Assessment of the Incentive Effects of the English Conditional Fee Arrangement, Peter Melamed
Leaving Homeroom in Handcuffs: Why an Over-Reliance on Law Enforcement to Ensure School Safety is Detrimental to Children, Jennie Rabinowitz
Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws, Dennis Rambaud
Maybe Jerry Maguire Should Have Stuck with Law School: How the Sports Agent Responsibility and Trust Act Implements Lawyer-Like Rules for Sports Agents, Melissa Steedle Bogad
Say "Ahhh!": A New Approach for Determining the Cram Down Interest Rate After Till v. SCS Credit, Michael Elson
