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 1995
Sharing the Spotlight: Equitable Distribution of the Right of Publicity, Jonathan L. Kranz
Controlling Expression: The Stagnant Policy of the Centers for Disease Control in the Second Decade of AIDS, Jessica M. Tourk
Submissions from 1994
Oppressed Shareholders in Close Corporations: A Market-Oriented Statutory Remedy, Adam Chernichaw
Disclosure of Executive Illnesses Under Federal Securities Law and the Americans With Disabilities Act of 1990: Hobson’s Choice or Business Necessity?, Andrew K. Glenn
Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief
Valuation Problems in the Appraisal Remedy, Michael R. Schwenk
Unblinded Mandatory HIV Screening of Newborns: Care or Coercion?, Linda Farber Post
The Priority of Postpetition Retainers, Carve-Outs, and Interim Compensation Under the Bankruptcy Code, Criag B. Cooper
Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption: Will New York Follow Suit?, Marci J. Blank
Conservator Overreaching and the Art Owner: Contractual Protections Against the Overzealous Restoration of Fine Art, Peter Adelman
Fairness on the Field: Amending Title VII to Foster Greater Female Participation in Professional Sports, Melissa M. Beck
From Deontology to Dialogue: The Cultural Consequences of Copyright, Barbara Friedman
Think Globally, Act Locally: North American Free Trade, Canadian Cultural Industry Exemption, and the Liberalization of the Broadcast Ownership Laws, Stephen R. Konigsberg
Waits v. Frito-Lay: The Song Remains the Same, Keith E. Lurie
The UCC and Consignment: Making the Code Safe for Artists and Other "Little Fellows", Mark Marcone
Audit Inquiry Letters and Discovery: Protection Based on Compulsion, Melissa D. Shalit
A Rose May Not Always Be a Rose: Some General Partnership Interests Should Be Deemed Securities Under the Federal Securities Acts, Jonathan M. Sobel
The Right of Publicity Gone Wrong: A Case for Privileged Appropriation of Identity, Fred M. Weiler
Submissions from 1993
When Axioms Collide, Jeffrey Daniel Haskell
The Illegitimacy of the Extrajudicial Source Requirement for Judicial Disaqualification Under 28 U.S.C. § 455(a), Adam J. Safer
Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein
Being a Jacob Burns Scholar, David S. Kahn
Jacob Burns's Generosity, June D. Wolfman
Secured Creditors and Section 15(a)(1) of the Fair Labor Standards Act: The Supreme Court Creates a New Property Interest, Henry Bregstein
Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability in Chapter 11, Philippe J. Kahn
Implications of Bankruptcy on Alimony, Maintenance, and Support in the Second Circuit, Kenneth Charles Fieldston
An Exception to the Levandusky Business Judgment Rule: Owner and Shareholder Interests in Condominium and Cooperative Board Decisions, Randolph C. Gwirtzman
Grand Jury Charges Delivered by Supreme Court Justices Riding Circuit During the 1790s, David J. Katz
The Rights of Gays to Adopt Children: Fortifying the Defenses Against Societal Prejudice, Stephanie Landay
Outing: Justifiable or Unwarranted Invasion of Privacy? The Private Facts Tort as a Remedy for Disclosures of Sexual Orientation, Barbara Moretti
New York Adverse Possession Law as a Conspiracy of Forgetting: Van Valkenburgh v. Lutz and the Examination of Intent, Lila Perelson
Unwed Father's Rights in New York: How Far Does the Protection Extend?, Elise Schlackman
Self-Help & Contributory Infringement: The Law and Legal Thought Behind a Little 'Black-Box', Nicholas E. Sciorra
Perfection of Security Interests in Copyrights: The Peregrine Effect on the Orion Pictures Plan of Reorganization, Steven Weinberger
Submissions from 1992
John D. Appel, Leslie Berman
Why the “Look and Feel” of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
A Restatement of Rabbinic Civil Law, Vol. I by Emanuel Quint, Emanuel Rackman
The Non-traceable 7501 Tax Trust and Bankruptcy Superpriority, Wayne Rodney
Bankruptcy and Subleases: The Depravity of Privity, Rhonda S. Berliner
The Case Against Applying the Relation-Back Doctrine to the Exercise of General Powers of Appointment, Melanie Leslie
The Road to Repose: Limitations on Avoidance Actions in Chapter 11 via 11 U.S.C. § 546(a)(2), Paul David Brusiloff
Taking Interest in a Cure: Compensation for Time Value of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields
The Garner Exception to Attorney-Client Privilege: A New Approach to “Good Cause”, Victoria A. Kummer
The Legality and Efficacy of the National Basketball Association Salary Cap, Jeffrey E. Levine
DAT's All Folks: Cahn v. Sony and the Audio Home Recording Act of 1991-Merrie Melodies or Looney Tunes?, Gary S. Lutzker
The Case for Televised Executions, Gil Santamarina
Submissions from 1991
Human Rights Violations during the Tiananmen Square Massacre and the Precedents Obliging United States Response, Jennifer E. Morris
Nationwide Service of Process in State Courts, David Carlebach
Statutes of Repose and the Construction Industry: A Proposal for New York, Andrew Alpern
The Social Security Administration’s Representative Payee Program: An Act of Benevolence or Cruelty?, Melissa Reiner Greener
Is a Lodging House a Home? Rent Protection for New York City Lodging House Residents, Lynda Braun
Dual Capacity Liability and Co-Employee Company Physicians: Undermining the Integrity of the Workers' Compensation System, Kim R. Kleppel
Intellectual Property Protection for the Creative Chef, or How to Copyright a Cake: A Modest Proposal, Malla Pollack
Trademarks, Parody, and Consumer Confusion: A Workable Lanham Act Infringment Standard, Peter W. Smith
Submissions from 1990
Family, Marriage, and the Same-Sex Couple, Lisa R. Zimmer
Recovering Litigation Costs and Attorney’s Fees After the Technical and Micesllaneous Revenue Act of 1988, Shoshana Charlop
Passive Communication in Public Fora: The Case for First Amendment Protection of Newsracks, Sandra L. Cobden
Cercla and Lender Liability: Why the Search for "Deep Pockets" Leads to Small Change, Stephen N. Moelis
An Individual Debtor’s Right to Avoid Liens Under Section 506(d) of the Bankruptcy Code, Tracy Springer
Suretyship as Adequate Protection in Bankruptcy: The Status of Unsecured Third Party Guaranties Under Section 361 of the Bankruptcy Code, Stephen A. Weiss
Imprisoned for Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, and David Rudenstine
From Parratt to Zinermon: Authorization, Adequacy, and Immunity in a Systematic Analysis of State Procedure, Daniel S. Feder
Awarding Expert Witness Fees in Civil Rights Actions, Bebe Novich
Insider Trading by Foreigners in United States Securities Markets: A Pervasive Problem and Prosecutorial Nightmare, Scott M. Zemser
Whose Womb Is It Anyway: Are Paternal Rights Alive and Well Despite Danforth?, Ruth H. Axelrod
Good Faith and Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Privacy, Family, and Medicial Decision Making for Persistant Vegetative Patients, Steven M. Weiner
The Exclusivity Period in Section 1121: How Exclusive Is It, Ross L. Weston
Submissions from 1989
Retaliatory Discharge for Workers' Compensation: Do Union Employees Need a State Tort, Scott N. Gelfand
The Fixed-Price Preemptive Right in the Community Land Trust Lease: A Valid Response to the Housing Crisis or an Invalid Restraint on Alienation?, Christopher A. Seeger
Abuse of the Diplomatic Bag: A Proposed Solution, Amy Zeidman
Who’s Afraid of the Sanction Wolf: Imposing Sanctions on Pro Se Litigants, Donalda Gillies
Proving Beyond a Reasonable Doubt: The Negligent Infliction of Emotional Distress, Michele A. Scott
Retroactive Reimbursement: The Standard of Review for a Parent’s Unilateral Placement Under the Education for All Handicapped Children Act, Julie Price Passman
Combine and Conquer: Rethinking the Regulation of Stock Index Futures, Marianne T. Spinelli
Equitable Distribution Requires Equitable Valuation: A Proposal for Amending New York's Equitable Distribution Law, Jacqueline B. Stuart
When Will the Idling Statute of Limitations Start Running in RICO Conspiracy Cases, Ellen Jancko-Baken
Offers Users Can't Refuse: Shrink-Wrap License Agreements as Enforceable Adhesion Contracts, Michael G. Ryan
Federal Jurisdiction to Enforce a Settlement After Vacating a Dismissal Order Under Rule 60(b)(6), Alyson M. Weiss
Section 1983 and the Due Process Clause: Crossing the Constitutional Line, Linda G. Gay
Judge Richard Posner's Wealth Maximization Principle: Another Form of Utilitarianism?, Robin F. Grant
Future Disabilities Under New York’s Human Rights Law, Andrea Lisa Leeb
Turning up the Heat in Hell’s Kitchen: Linking Harassment to Owners Seeking Building Permits in New York City’s Clinton District, Faith Glickman Rossi
Submissions from 1988
Paternalism and Contract: A Critique of Anthony Kronman, Rochelle Spergel
Protecting the Look and Feel of Computer Programs, Jeffrey Weitzman
Prior Representation and the Duty to Inquire: Breaching New York's "Once-An-Attorney" Rule, Rick B. Antonoff
Corporate Receiverships and Chapter 11 Reorganizations, Paula Whitney Bets
Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory and Contract Law, Lester Brickman and Lawrence A. Cunningham
Tax Payments: Are They Voidable Preferences in Low-Asset Bankruptcies?, Jodi S. Brodsky
Excepting Civil RICO Claims from Rule 9(b), Chavie N. Kahn
Employee Theft and ERISA: A Proposed Amendment to Garnish Pension Benefits, Bonnie H. Rattner
The Misuse of Inherent Powers When Imposing Sanctions for Discovery Abuse: The Exclusivity of Rule 37, Adam Behar
The High Cost of Free Prescription Drug Samples: An Argument for Federal Regulation, Christine A. Meyers
The Question of Succession in New York City: Who Has the Right to Renew a Rent-Stabilized Lease?, S. Emy Poulad
New Approach to Adjudicating Tenant's Abandonment of Premises, Geraldene Sherr
Toward a Uniform System of Attorney Fee Forfeiture, Nancy L. Sindell
The New York Lien Law and the Garagemen’s Dilemma: Declining Metal Values Affect the Efficacy of a Remedy, David A. Gross
