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
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
Hired Guns and Higher Law: A Tortured Expansion of the Military Contractor Defense, Valerie C. Charles
Medical Torture: End of Life Decision-Making in the United Kingdom and United States, Jon D. Feldhammer
What's all the Fuss? The "Parade of Horribles" When Applying 35 U.S.C. § 271(f) to Software Patents, Paul Margulies
Interpreting the Wiretap Act: Applying Ordinary Rules of "Transit" to the Internet Context, Samantha L. Martin
ROCK, PAPER, SCISSORS, TRADEMARK? A Comparative Analysis of Motion as a Feature of Trademarks in the United States and Europe, Lesley Matty
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
Designs for Immunity: A Comparison of the Criminal Prosecution of United States Presidents & Italian Prime Ministers, Brianne Biggiani
United States' Moral Authority Undermined: The Foreign Affairs Costs of Abusive Detentions, Jeffrey K. Cassin
Hitchcock's "Rear Window" & International Copyright Law: An Examination of Stewart v. Abend & Its Affect on International Copyright Renewal and Exploitation, Seth M. Goldstein
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
On-Line but Out of Touch: Analyzing International Dispute Resolution through the Lens of the Internet, Benjamin J.C. Wolf
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
After the Dismissal of an Involuntary Bankruptcy Petition: Attorney's Fees Awards to Alleged Debtors, Isabella C. Lacayo
Reconceptualizing Child Sexual Exploitation as a Bias Crime Under the Protect Act, Tracy Agyemang
The Slippery Slope: The Vitality of Reynolds v. US After Romer and Lawrence, James Askew
Citizenship Theories, Immigration and Nationality Act Section 309 & Nguyen v. INS: How the Supreme Court Got It Wrong, Rachel Baskin
The Great Mall of China: Should the United States Restrict Importation of Chinese Cultural Property?, Inbal Baum
Mediating Cases Involving Domestic Violence: Solution or Setback?, Aimee Davis
Moving from Mandatory: Making ADR Voluntary in New York Commercial Division Cases, Ari Davis
Identity Theft: Tribute Bands, Grand Rights, and Dramatico-Musical Performances, Brent Giles Davis
The Constitutional Validity of Circuit Court Opinions Limiting the American Right to Sexual Privacy, Shelly Elimelekh
Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection and its Interplay with Arbitration, Adam Fisher
Dukes v. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
The Impact of Feminine Leadership on State Courts: A Panel of Women Chief Justices, Alan Florendo
Harvest Of Knowledge: Why the Public Policy Behind Copyright Law Requires Legislation Endorsing Digital Media Collections as Privileged Revisions, Diana Katz Gerstel
The Road Less Traveled: Using ADR to Help Reform FirstTime Juvenile Offenders, Maggie Gertz
Legal Dentistry: How Attorney's Fees and Certain Procedural Mechanisms Can Give Rule 68 the Necessary Teeth to Effectuate Its Purposes, Daniel Glimcher
Obstruction of Justice: The Arbitration Process For Anti-Doping Violations during the Olympic Games, Andrew Goldstone
Does Title IX Work After School? California Applies the Three Part Test to Municipal Sports, Aaron J. Hershtal
Chaos in Public Schools: Federal Courts Yield to Students While Administrators and Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment, Michael C. Jacobson
How Far is the 'Door Ajar'? Whether Rape as Torture is Actionable Under the Alien Tort Statute After Sosa, Zachary S. Kahn
EPA's Mercury Cap and Trade Rule: An Environmental Injustice for Women, Rachel Kalman
A New Disease Born Every Minute: The Marketing of Pathology and the Exploitation of Gender-Based Insecurities and Sexuality to Sell Drugs, Elizabeth Lambdin
Gibson v. PRS: The Applicability of the Initial Interest Confusion Doctrine to Trademarked Product Shapes, Paul Anthony Marchisotto
"Thou Shalt Not Go About as a Talebearer Among Thy People": Jewish Law and the Private Facts Tort, Elie Mischel
What's the Hold-Up? Making the Case for Lifetime Orders of Protection in New York State, Jennifer Rios
Assignability of Covenants Not to Compete: When Can a Successor Firm Enforce a Noncompete Agreement?, Adam Schneid
Begging Underground? The Constitutionality of Regulations Banning Panhandling in the New York City Subway System, Jordana Schreiber
Is Fame Alone Sufficient to Create Priority Rights: An International Perspective on the Viability of the Famous/Well-Known Marks Doctrine, Alexis Weissberger
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
World War II & Heirless Art: Unleashing the Final Prisoners of War, Julia Parker
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
SEC Hedge Fund Regulatory Implications on Asian Emerging Markets: Bottom Line or Bust, Sherry M. Shore
Outsourcing and Collective Bargaining: A "Win-Win" for Employers and Employees, Shelby Silverman
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
Time For India's Intellectual Property Regime To Grow Up, Jishnu Guha
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
After El-Shifa: The Extraterritorial Availability Of The Takings Clause, Nathaniel Segal
Coming To America: Protecting Japanese Baseball Players Who Want To Play In The Major Leagues, Elliott Z. Stein
Rendered Impracticable: Behavioral Economics and the Impracticability Doctrine, Aaron J. Wright
The Role Of Courts In Preventing International Child Abduction, Deborah M. Zawadzki
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
A "Quizzical" Look into the Need for Reality Television Show Regulation, Tara Brenner
Whose Idea Is It Anyway? Protecting Idea Purveyors and Media Producers after Grosso v. Miramax, Aileen Brophy
Naked Before the Law: Reality Porn and the Capacity to Contract, Benjamin J. Cooper
