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 2002
Do Debtors Owe Rent to Their Bankruptcy Trustee for Remaining in the Home After Filing and Prior to Foreclosure, Notwithstanding a Homestead Exemption?, Vladimir Elgort
The Blooding of America: Privacy and the DNA Dragnet, Jeffrey S. Grand
Uncertain Risk: The United States Military and the International Criminal Court, Christopher M. Van de Kieft
Curing Healthcare Providers' Failure to Administer Opioids in the Treatment of Severe Pain, Rima J. Oken
Losing Sight of the Utilitarian Forest for the Retributivist Trees: An Analysis of the Role of Public Opinion in a Utilitarian Model of Punishment, Andrew R. Strauss
Mouse-to-Mouse Resuscitation: Cybermedicine and the Need for Federal Regulation, Shira D. Weiner
Immigration Sponsorship Rights for Gay and Lesbian Couples: Defining Partnerships, Desiree Alonso
Replaying the Betamax Case for the New Digital VCRs: Introducing TiVo to Fair Use, Matthew W. Bower
Development of China’s Legal System Will Strengthen Its Mediation Programs, Deborah Chow
Going to the Bullpen: Using Uncle Sam to Strike Out Professional Sports Violence, Kevin A. Fritz
The Dangers of Mediation in Domestic Violence Cases, Sarah Krieger
Broke or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky
Employee Patents on Computer-Implemented Inventions: The Conundrum of Separate Ownership of Patent and Copyright, David Loretto
Not as Simple as Learning the ABC's: A Comment on Owasso Independent School District No. I-Ol1 v. Falvo and the State of the Family Educational Rights and Privacy Act, Randi M. Rothberg
The Deep Pocket Dilemma: Setting the Parameters of Talk Show Liability, Jason S. Schlessel
How Should Legislation Deal with Children As the Victims and Perpetrators of Cyberstalking?, Kimberly Wingteung Seto
A Question of Revenge: Munchausen Syndrome By Proxy and a Proposed Diminished Capacity Defense for Homicidal Mothers, E. Selene Steelman
A Constitutional Crisis in the Digital Age: Why the FBI's "Carnivore" Does Not Defy the Fourth Amendment, Aaron Y. Strauss
Victimizing the Victim: Evicting Domestic Violence Victims from Public Housing Based on the Zero-Tolerance Policy, Tara M. Vrettos
The American Inventors Protection Act of 1999: An Analysis of the New Eighteen-Month Publication Provision, Reiko Watase
Even In Victory: Darcy Ting Defeated AT&T, Yet the Consumer-At-Large, Again Has Lost, Eric Weiner
Preventing Inequities in Divorce and Education: The Equitable Distribution of a Career Absent an Advanced Degree or License, Sebastian Weiss
Submissions from 2001
Application of the Rational Basis Test to Treaty-Implementing Legislation: The Need for a More Stringent Standard of Review, Virginia H. Johnson
"Counselor, Proceed with Caution": The Use of Integrated Evidence Presentation Systems and Computer-Generated Evidence in the Courtroom, Elan E. Weinreb
True Threats: Evolving Mens Rea Requirements for Violations of 18 U.S.C. § 875(c), Justin Myer Lichterman
Confronting Disease in a Global Arena, Lauren Z. Asher
Chinese Population Transfer in Tibet, John S. Hall
The World Trade Organization: Environmental Police?, Jane I. Yoon
Ziggy Stardust Reborn: A Proposed Modification of the Bowie Bond, Adam Grant
Inadvertent Disclosure and the Attorney-Client Privilege: Looking to the Work-Product Doctrine for Guidance, Ken M. Zeidner
Time to Say Good-bye to Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put to Rest, Theresa M. Bevilacqua
Mandatory Dispute Resolution: New York's Recall on Welfare Recipients' Due Process Rights, Rachael Dehner
One for My Baby, One More for the Road: Legislation and Counseling to Prevent Prenatal Exposure to Alcohol, James Drago
Extraterritorial Merger Regulation: Policies, Problems and a Proposal Explored Through the Planned Dow Chemical and Union Carbide Merger, Stacy L. Eberhart
Has the Computer Revolution Placed Our Children in Danger? A Closer Look at the Child Pornography Prevention Act of 1996, Alison R. Gladowsky
Expedited HIV Testing: An Unnecessary Test that is Allowing the State to Trample on a Woman's Constitutional Rights, Sheree Gootzeit
Invading the "Homes" of the Homeless: Is Existing Right-of-Privacy/Publicity Legislation Adequate?, Laurel Kallen
In-Prison Day Care: A Correctional Alternative for Women Offenders, Jessica Y. Kim
Taming the Pernicious Creature that Is § 523(a) (15) of the United States Bankruptcy Code, Jeffrey Margolin
Function, Nonfunction, and Monumental Works of Architecture: An Interpretive Lens in Copyright Law, Melissa M. Mathis
The Homosexual-Advance Defense and Hate Crimes Statutes: Their Interaction and Conflict, Scott D. McCoy
Fetal Neglect and State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Requiring Accountability Among Those Who Sell Firearms: Ignorance of the Law Should Not Be an Excuse, Uri Matthew Myerson
Drug Tests, Arrests & Fetuses: A Comment on the U.S. Supreme Court's Narrow Opinion in Ferguson v. City of Charleston, Brigitte M. Nahas
Cross-Border Insolvencies, Section 304 and Reforming Mexican Insolvency Law, Andrea B. Sluchan
Does Ethics Make Good Law? A Case Study, Jeff Storey
The Doctrine of Non-Inquiry and the Preservation of Human Rights:-Is There Room for Reconciliation?, Michael S. Topiel
Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren
Submissions from 2000
Must-Carry Rules in the Transition to Digital Television: A Delicate Constitutional Balance, Albert N. Lung
Redefining the Refugee: The Universal Declaration of Human Rights as a Basis for Refugee Protection, Michael J. Parrish
Down on the Corner: An Analysis of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Come and Knock on Our Door: The Fair Debt Collection Practices Act's Intrusion into New York's Summary Proceedings Law, Kara B. Schissler
Thirty-Day Restrictions on Attorney Direct-Mail Solicitation: The United States Supreme Court Went for It, Steven M. Field
Determining Ownership of Foreign Copyright: A Three-Tier Proposal, Binyomin Kaplan
Ganging Up on Police Brutality: Municipal Liability for the Unconstitutional Actions of Multiple Police Officers Under 42 U.S.C. § 1983, Adam S. Lurie
ERISA Qualified Pension Plans as Part of the Bankruptcy Estate After Patterson v. Shumate, Lisa M. Smith
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