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 2000
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
Rap Music and De Minimis Copying: Applying the Ringgold and Sandoval Approach to Digital Samples, Brett I. Kaplicer
When Is a CD Factory Not Like a Dance Hall?: The Difficulty of Establishing Third-Party Liability for Infringing Digital Music Samples, Rebecca Morris
License to Copyright: The Ongoing Dispute Over the Ownership of James Bond, Keith Poliakoff
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
When Parental Interference Goes Too Far: The Need for Adequate Protection of Child Entertainers and Athletes, Erica Siegel
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
Stop the Clock: The Case to Suspend the Statute of Limitations on Claims for Nazi-Looted Art, Stephanie Cuba
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
Mandatory Arbitration and Employment Discrimination: The Unfair Law, Eric A. Hernandez
Motion Pictures, Moral Rights, and the Incentive Theory of Copyright: The Independent Film Producer as "Author", Stuart K. Kauffman
Employers and Employees Beware: The Duties Imposed by the Recent Supreme Court Decisions and Their Impact on Sexual Harassment Law, Jill Kreisberg
Is Originality in Copyright Law a "Question of Law or a Question of Fact?": The Fact Solution, Julia Reytblat
The Ties That Bind, Melissa F. Savage
Defusing New York's 120-Day Time Bomb: The Meaning of New C.P.L.R. 306-b, Brian A. Waldbaum
Submissions from 1998
Resolving the Paradox Between Legal Theory and Legal Fact: The Judicial Rejection of the Theory of Efficient Breach, Craig S. Warkol
Fictional Persona Test: Copyright Preemption in Human Audiovisual Characters, Peter K. Yu
Bankruptcy Appeals and Equitable Mootness, Ross E. Elgart
The Pennsylvania Rule: Murky Waters Revisited, Michael Ben-Jacob
Attributing Too Much: The Fifth Circuit Perverts the Scope of Diversity Jurisdiction, Richard A. Simon
Alcoholics Anonymous: Anonymous Theists? Griffin v. Coughlin and the "Wall of Separation Between Church and State" in the New York State Prison System, James E. McBride
King Instruments Corp. v. Perego: Should Lost Profits Be Awarded on Unpatented Products Where Patentee Sits on Its Patents?, Arun Chandra
Neonaticide and the "Ethos of Maternity": Traditional Criminal Law Defenses and the Novel Syndrome, Judith E. Macfarlane
Commercial Speech on the Internet: Spain and the First Amendment, Joshua A. Marcus
Reaching Beyond the Bars: An Analysis of Prison Nurseries, Nicole Mauskopf
The Young Women's Leadership School: A Viable Alternative to Traditional Coeducational Public Schools, Erin A. McGrath
Independent Contractor or Employee? Misplaced Reliance on Actual Control Has Disenfranchised Artistic Workers Under the National Labor Relations Act, Thomas M. Murray
Fairness of Contract v. Freedom of Contract: The Problematic Nature of Contractual Obligation in Premarital Agreements, Faun M. Phillipson
Deception in Political Advertising: The Clash Between the First Amendment and Defamation Law, Evan Richman
The Mandatory Arbitration of a Woman's Title VII Claim in the Securities Industry, Vincent J. Roldan
Offensive and Defensive Insurance Coverage for Patent Infringement Litigation: Who Will Pay?, Lisa A. Small
Justice Ruth Bader Ginsburg and the Virginia Military Institute: A Culmination of Strategic Success, Scott M. Smiler
Invasion of Privacy Tort: Does the Deference Given to the Press Ignore the Family, T. Michael Wickersham
Submissions from 1997
From Containment to Cooperation: Collective Action and the Wassenaar Arrangement, Kenneth A. Dursht
Professionals in the Health Care Industry: A Reconsideration of NLRA Coverage of Housestaff, Hilary Jewett
Inequities of the Drug War: Legislative Discrimination on the Cocaine Battlefield, Andrew N. Sacher
The Second Circuit "Estopped": There Is No Promissory Estoppel in New York, Arthur B. Schwartz
Relation Back of "John Doe" Complaints in Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
When Is a Mortgage Guarantee Not Worth the Price of a Notary? - The Incongruent Judicial Application of New York’s Deficiency Judgment Statute, Benjamin Gruberg
The Inner-Morality of Juvenile Justice: The Case for Consistency and Legality, Adam D. Kamenstein
Patenting Medical Procedures: A Search for a Compromise Between Ethics and Economics, Beata Gocyk-Farber
Deaccession: Not Such a Dirty Word, Jason R. Goldstein
The Repeal of the Financial Interest and Syndication Rules: The Demise of Program Diversity and Television Network Competition?, Marc L. Herskovitz
Undue Influence and Gender Stereotypes: Legal Doctrine or Indoctrination?, Veena K. Murthy
Ensuring Meaningful Jailhouse Legal Assistance: The Need for a Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel
To V or Not to V - That is the Regulatory Question: The Role of the V-Chip in Government Regulation of Broadcast and Cable Indecency, Marie A. Ryan
Submissions from 1996
Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt
Judicial Plagiarism: It May be Fair Use But Is It Ethical?, Jaime S. Dursht
Is It Inside or Out? - A Proposal to Clarify the Misappropriation Theory of Unlawful Trading, Lawrence A. Rosenbloom
The Fate of “Megan’s Law” in New York, Alison Virag Greissman
The Flimsy Yardstick: How Many Employees Does It Take To Defeat a Title VII Discrimination Claim?, Jacqueline Louise Williams
The Politics of Pediatric AIDS, Jennifer Cooper
Jiggetts v. Grinker: Does It Establish a Right to "Adequate Shelter Allowance" in New York State?, Kurt Emhoff
Blocking Preemption: Convergence, Privacy, and the FCC's Misguided Regulation of Caller ID, Laura V. Eng
Child Care: The Forgotten Tax Deduction, Efrem Z. Fischer
Susan Smith and Other Homicidal Mothers-In Search of the Punishment that Fits the Crime, Janet Ford
Compensating Caregiving Relatives: Abandoning the Family Member Rule in Contracts, Jonathan S. Henes
Scope of Gaming Under the Indian Gaming Regulatory Act of 1988 after Rumsey v. Wilson: White Buffalo or Brown Cow?, William E. Horwitz
No Leg to Stand On: The General Retainer Exception to the Ban on Nonrefundable Retainers Must Fall, Pamela S. Kunen
The Mark of Cain: No Second Chance for Teachers Convicted of Sex Offenses against Students, Eric J. Kuperman
While Ignorance May Not Be Bliss, It Is a Mother's Right: Constitutional Implications of Testing Newborn Babies for HIV, Julie D. Levinson
The Digital Performance Right in the Sound Recordings Act of 1995: Can It Protect U.S. Sound Recording Copyright Owners in a Global Market?, Rebecca F. Martin
Circuit Court Erie Errors and the District Court's Dilemma: From Roto-Lith and the Mirror Image Rule to Octagon Gas and Asset Securitization, Nikiforos Mathews
Marks of Distinction: Rethinking Secondary Meaning Standards in Trademark Law After Qualitex v. Jacobson, Daniel I. Schloss
A Neo-Institutional Paradigm for Contracts Formed in Cyberspace: Judgment Day for the Statute of Frauds, Marc E. Szafran
Submissions from 1995
The Mortgage Contingency Clause: A Trap for the Residential Real Estate Purchaser Using a Mortgage Broker, Craig Steven Delsack
“A One Way Ticket to Palookaville”: Supreme Court Takings Jurisprudence After Dolan and Its Implication for New York City’s Waterfront Zoning Resolution, Jill Illan Berger Inbar
The Visual Artists Rights Act of 1990: American Artists Burned Again, Robert J. Sherman
A New Use for an Old License: Who Owns the Right?, Barbara D. Griff
ronald@mcdonalds.com - “Owning a Bitchin’ ” Corporate Trademark as an Internet Address - Infringement?, James West Marcovitz
Assembling a Theory of Infringement: Third Party Liability Based on in Vivo Production of Patented Pharmaceuticals, Eitan Alexander Ogen
She’s Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
The Virtues of Interpretation in a Jural Society, Mike Robert Horenstein
The Robinson-Patman Act Sections 2(d) and 2(e): Promotional Allowances and the Per Se Rule of Illegality, Julian Chung
Uncertainty in the Empire State: A Reevaluation of New York’s Takings Jurisprudence After Dolan v. City of Tigard, Clifford B. Olshaker
Juvenile Justice with a Future... For Juveniles, Mabél Arteaga
The Road to Equality: The Application of the Reasonable Woman Standard in Sexual Harassment Cases, Deborah B. Goldberg
Determining the Role of Psychological Bonding in New York Foster Care Law, Brian L. Greben
