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 2005
Finders-Keepers: A Bright-Line Rule Awarding Custody to Gestational Mothers in Cases of Fertility Clinic Error, Josh Deutsch
Do Prisoners Get a Better Deal? Comparing the Abortion Rights and Access of Military Women Stationed Abroad to those of Women in Prison, Leah Ginsberg
For-Bid Scalping Online?: Anti-Scalping Legislation in an Internet Society, Daniel Glantz
Granting Asylum to Persecuted Afghan Western Women, Marra Guttenplan
Identifying the Linguistic Boundaries of Sex: Court Language Choice in Decisions Regarding the Availability of Sex and Procreation, Amy Zimmerman Hodges
The XXX-Files: Cal/OSHA's Regulatory Response to HIV in the Adult Film Industry, Christina Jordan
Trend Forecast: Imitation Is a Legal Form of Flattery-Louis Vuitton Malletier v. Dooney & Bourke, Inc., Sarah J. Kaufman
Second Class Athletes: The USOC's Treatment of Its Paralympians, Jason Kroll
The New Iraq: Resolving Public and Private Obligations Incurred Under Saddam Hussein's Rule in the Context of International Arbitration, Darius Adam Marzec
The Unguided Use of Internal ADR Programs to Resolve Sexual Harassment Controversies in the Workplace, Jessica Oser
A Comment: RIAA v. Verizon and How the DMCA Subpoena Power became Powerless, Katherine Raynolds
Mindfulness Meditation, the Cultivation of Awareness, Mediator Neutrality, and the Possibility of Justice, Evan M. Rock
But I Was Just a Kid!: Does Using Juvenile Adjudications to Enhance Adult Sentences Run Afoul of Apprendi v. New Jersey?, Douglas M. Schneider
Military Spying in the United States: When it is Not Your Neighbor Knocking at Your Door, Where Do You Turn?, Miriam Schneider
Too Famous for the Right of Publicity: ETW Corp. and the Trend Towards Diminished Protection for Top Celebrities, Michael Sloan
Weight-Loss Advertising Too Good to Be True: Are Manufacturers or the Media to Blame?, Jodie Sopher
Permissive Pornography: The Selective Censorship of the Internet Under CIPA, Heidi Wachs
Not Playing Around: The Chilling Power of the Federal Trademark Dilution Act of 1995, Julie Zando-Dennis
Home Alone: Children of Incarcerated Mothers in New York City under the Rockefeller Drug Laws, Aron M. Zimmerman
Submissions from 2004
The More Things Change the More They Stay the Same: Mr. Tutt and the Distrust of Lawyers in the Early Twentieth Century, Molly A. Guptill
The Prosecution of Cybergripers Under the Lanham Act, Blossom Lefcourt
The Filing of a Bankruptcy Petition in Violation of 11 U.S.C. § 109(g): Does It Invoke the Automatic Stay?, Robert Lefkowitz
Breaking the Shield of the Learned Intermediary Doctrine: Placing the Blame Where It Belongs, Sheryl Calabro
Quid Pro Whoa!: An Exponential Fee Structure for Patent Applications, Peter L. Giunta
School Vouchers, State Constitutions, and Free Speech, Peter H. Hanna
Escaping the Indirect Profits Loophole: Finding the Elusive Causal Link in the Case of Knowing Copyright Infringement, Avi Israeli
Understanding Tradition, Meir Katz
Unchecked and Imbalanced? A Critical Reading of the U.S. Constitution, Madeleine Severin
Should Governments Play Robin Hood? The Effects of the Repeal of the Estate Tax on Wealth Apportionment, Mark Bernstein
Donating "Blood Money": Fundraising for International Terrorism by United States Charities and the Government's Efforts to Constrict the Flow, Montgomery E. Engel
From a Pakistani Stationhouse to the Federal Courthouse: A Confession's Uncertain Journey in the U.S.-Led War on Terror, Jonathan F. Lenzner
North Korea: Analyzing the "New" Nuclear Threat, Erik Raines
To Defer or Not to Defer: Judicial Review of Zoning Board Decisions in New York, Elliot Gardner
The Court of Last Resort: American Indians in the InterAmerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek de Bakker
Unequalled Among Firsts, Peter L. Giunta
No Borders. No Boundaries. No Limits. An Analysis of Corporate Law in the European Union after the Centros Decision, Laura Jankolovits
Plainly Not "Error": Adjudicative Retroactivity on Direct Review, Meir Katz
Global Intellectual Property Protection as Viewed Through the European Community's Treatment of Geographical Indications: What Lessons Can TRIPS Learn?, Jacqueline Nanci Land
Study of the International Food Security Regime: Food Aid to North Korea during the Famine of 1995-2000, Jongeun Lee
Antidumping and the Continued Dumping and Subsidy Offset Act of 2000: A Renewed Debate, Meredith Schutzman
The Effects of Quebec's Municipal Merger Law on Montreal: Mega-City or Mega-Blunder?, Chad E. Tepper
The Murky Depths of the Entry Fiction Doctrine: The Plight of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Pleas for DNA Testing: Why Lawmakers Should Amend State Post-Conviction DNA Testing Statutes to Apply to Prisoners Who Pled Guilty, Daina Borteck
Is There a Winning Argument Against Excessive Rates for Collect Calls from Prisoners?, Madeleine Severin
The Faux Fix: Why a Repeal of Major League Baseball's Antitrust Exemption Would Not Solve Its Severe Competitive Balance Problems, Andrew E. Borteck
Reading the Fossil Record: A New Look at Old Law, Elliot Gardner
A Thin Line Between Concurrence and Dissent: Rehabilitating Sex Offenders in the Wake of McKune v. Lile, Seth A. Grossman
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
"To Clean or Not to Clean": An Analysis of the Copyright and Trademark Issues Surrounding The Legal Battle between Third Party Film Editors and the Film Industry, Michael P. Glasser
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
"When a Nation is at War": A Context-Dependent Theory of Free Speech for the Regulation of Weapon Recipes, Liezl Irene Pangilinan
In Opposition to the Proposed Media Marketing Accountability Act of 2001, Angela M. Papalaskaris
Albert Pujols: Major League Baseball Salary Arbitration From a Unique Perspective, Stuart J. Riemer
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
Shock and Awe: Does the First Amendment Protect A Media Right of Access to Military Operations?, Karen C. Sinai
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
Renvoi in Multinational Cases in New York Courts: Does Its Past Preclude Its Future?, Matthew Chait
On the Road: The Supreme Court and the History of Circuit Riding, Joshua Glick
How the Petroleum Addict Negotiates with the Dealer: Challenges to the Bush Administration's North American Energy Policy, Stacey L. Middleton
In Schultz We Trust: The Future of Criminal Prosecution for Importers of Illicit Cultural Property Under the National Stolen Property Act, Robert S. Schwartz
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
The Muhammad Ali Boxing Reform Act: Its Problems and Remedies, Including the Possibility of a United States Boxing Administration, Devin J. Burstein
The Control Over the De-Identification of Data, Benjamin Charkow
How the Overturn of the Child Pornography Prevention Act Under Ashcroft v. Free Speech Coalition Contributes to the Protection of Children, Emily D. Goldberg
Distinguishing the Derivative from the Transformative: Expanding Market-Based Inquiries in Fair Use Adjudications, Tracey Topper Gonzalez
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
Let the Market Do Its Job: Advocating an Integrated Laissez-Faire Approach to Online Profiling Regulation, Svetlana Milina
"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
