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 1989
More Than a Mouthful: Libel and the Restaurant Review, Amy G. Borress
Imposing the Underwriters' Duty of Care on Art Auctioneers, Reginald Bullock Jr.
The Legal Protection of Computer Software in the People's Republic of China, Elisa Cirillo
The Conflict Between Fair Use and the Lanham Act on the Second Circuit, Elana C. Jacobson
No Film at 11: The Inadequacy of Legal Protection and Relief for Sexually Harassed Broadcast Journalism, Anne P. Pomerantz
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
Proxy Preclearance and the First Amendment: The Unconstitutionality of Rule 14a-6, Elizabeth J. Holland
Federal Preemption of Amateur Radio Antenna Height Regulation: Should the Sky Be the Limit?, Alice J. Schwartz
Economic Rationality and Extraterritorial Application of United States Law in Private Antitrust Litigation, Shari Siegel
Arrearage Elimination and the Preferred Stock Contract: A Survey and a Proposal for Reform, Jeffrey S. Stamler
The 1980's Amendment to the Sherman Antitrust Act and the Revitalized Per Se Illegality of Resale Price Maintenance, Nira Weisel
Pool Coverage, Press Access, and Presidential Debates: What’s Wrong With This Picture, Wendy S. Zeligson
Monetary Sanctions Against Attorneys for Discovery Abuse in Federal Court: When Can They Be Appealed, Nancy E. Berman
The Legality of Race-Conscious Access Quotas under the Fair Housing Act of 1968, Marc A. Kushner
Determining Fees for Fees Under the Equal Access to Justice Act: Accomplishing the Act’s Goals, James B. Nobile
The Snowballing Cost of Skiing: Who Should Bear the Risk?, Diane Bernstein
A New Strategy for Censorship: Prosecuting Pornographers as Panderers, Zdena Němečková
Copyright Infringement Suits Against States: Is the Eleventh Amendment a Valid Defense?, Susan D. Raively
Statutory Damages for the Multiple Infringement of a Copyrighted Work: A Doctrine Whose Time Has Come, Again, Peter Thea
Submissions from 1987
When Owners Should Pay for Construction Delay: Corinno Civetta Construction Corp. and the No-Damage-for-Delay Clause, Marc Handelman
Fraudulent Conveyance Law as a Property Right, Julie Sirota Karchin and Juli J. Kempner
Out-of-State Attorney Fee Forfeiture, Lawrence A. Cunningham
Nonconsensual Repeal of Third-Party Beneficiary Contract Rights: Senior Creditors under Subordination Agreements, Jessica A. Hauser
Selling out Undersecured Creditors: "Value" Under Section 363(F) of the Bankruptcy Code, Steven M. Shishko
As Time Goes By: Pretrial Incarceration Under the Bail Reform Act of 1984 and the Speedy Trial Act of 1974, Allen D. Applbaum
The Constitutionality of State Business Combination Legislation: New York's Section 912, Leonard Miles
Exclusiveness in the Law of Prescription, Dena Cohen
Pleading the Fifth: Record Custodians and the Act-of-Production Doctrine, Amy Schlesinger Rich
Using Long Arm Principles to Expand Artists' Rights: Will It Work?, Cheryl Gross
The Equal Opportunity Doctrine: The Broadcast Executive Who Campaigns for Political Office Makes His Own Strange Bedfellow, Neil S. Meisel
Submissions from 1986
Rejection of Computer Software Licensing Agreements in Bankruptcy, Viktoria L. Gres
Towering above Charities: Real Estate Development by Nonprofit Organizations, Zoning Variances, and the Reasonable Return Finding, Eric J. Gruber
Orderlies in the Court? A Proposal for the Proper Designation of Medical Malpractice Claims, Russell S. Schwartzman
An Excess of Access: The Cable Communications Policy Act of 1984 and First Amendment Protection of Editorial Discretion, Adam R. Spilka
The Necessary Complement to Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly
Disclosure of Preliminary Merger Negotiations, Randi S. Goldberg
The Constitutionality of Retroactive State Superliens for Toxic Waste Cleanup Reimbursement, Susan L. Rosen
Evaluation of Subjective Selection Systems in Title VII Employment Discrimination Cases: A Misuse of Disparate Impact Analysis, Stacey B. Babson
A Film of a Different Color: Copyright and the Colorization of Black and White Films, Elise K. Bader
Unlimitation of Liability: Vessel Owners and the Bareboat Charter After Baker v. Raymond International, Inc., Victoria M. Bald
The End of Government Regulation of the Rates Cable Television Services Charge Their Subscribers, Ronald D. Berman
For a Few Dollars More: Client’s Right to Discharge His Attorney Under a Contingent Fee Contract, Irving Cohen
The Synchronization Right: Business Practices and Legal Realities, Lewis R. Cohen
Reportability of Exposure to the AIDS Virus: An Equal Protection Analysis, Donna Costa
Issue Preclusion and Guilty Pleas: A Reassessment of Traditional Categories, Adria De Landri
Plaintiffs in Pursuit of Privacy - Libel in Fiction, Eva J. Goldenberg
Timing of Payments by Check under Section 547 of the Bankruptcy Code, Azita Gorton
Song Lyric Advisories: The Sound of Censorship, Wendy B. Kaufmann
Drawing Fire: The Proliferation of Libel Suits Against Cartoonists, Donna Stricof Kramer
The Availability of Injunctions in Bankruptcy to Restrain Collection of I.R.C. 6672(a) Penalties, Beth K. Neelman
Federal Rule of Civil Procedure 68: "Settling" the Differences in the Proposed Amendments to the Offer of Settlement Rule, Nelson Perel
The Outer Limits of Section 542 of the Bankruptcy Code: United States v. Whiting Pools, Inc., Revisited, Craig S. Provorny
Partitions in Kind: A Preference Without Favor, Candace Reid
Amusement Park Safety: Who Should Regulate?, Susan J. Reiss
Vertical and Horizontal Aspects of Takings Jurisprudence: Is Airspace Property?, Mary B. Spector
Priorities and Statutory Construction: Mechanic's Liens in New York, Jonathan E. Stassberg
Achieving Parity in the Taxation of Nonresident Alien Entertainers, Bennet Susser
Strategic Bankruptcies: Class Actions, Classification & the Dalkon Shield Cases, Sharon Youdelman
Submissions from 1985
Jury Trial Right Under Title VII: The Need for Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, and Lisa S. Presser
Tacking a True Course for Maritime Liens on Freight, Uriel P. Bauer
Defining the Relevant Product Market of the New Video Technologies, Lawrence P. Blaskopf
Immigration Reform: Solving the "Problem" of the Illegal Alien in the American Workforce, Lucinda M. Cardinal
Area Variance Law in New York: A Uniform Approach, Yoram J. Cohen
Benefactor Defense Before the Grand Jury: The Legal Advice and Incrimination Theories of the Attorney-Client Privilege, Jeffrey Epstein
The Relation Back of Claims Against Third-Party Defendants, Howard K. Fishman
Employed Artists' Home Office Deductions in the Aftermath of Weissman v. Commissioner: The Second Circuit's New Limited Exception for Taxpayer-Employees, Charles M. Flesch
Giving the Devil Its Due: Actors' and Performers' Right to Receive Attribution for Cinematic Roles, Robert L. Gordon
The Socialization of Copyright: The Increased Use of Compulsory Licenses, Midge M. Hyman
"And the Winner is . . ." Election Day Projections and the First Amendment, Chanie Kamenetsky
The Voidability of Security Interests in Tax Refunds Under Section 547 of the Bankruptcy Code, Howard Kern
Marshaling Assets in Bankruptcy: Recent Innovations in the Doctrine, Moses Lachman
The Preemption of Bankruptcy-Only Exemptions, Joseph Lamport
Garnishment Payments: Voidable Preferences in Bankruptcy?, Susan J. Samuels
Submissions from 1984
The Cancer Spreads: Atomic Veterans Powerless in the Aftermath of Feres v. United States, Susan Cohen-Klein and Howard Berkower
Section 116 of the 1976 Copyright Revision Act: Jukebox Operators and Copyright Owners Juke it Out Over Royalties, Robert K. Erlanger
USIA Censorship of Educational Films for Distribution Abroad, Sharon Esakoff
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Contempt and the Automatic Stay of the 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman
Old Wine in New Bottles: Replacing the Fairness Doctrine with Enforceable Diversity in the Media, Maurice W. Heller
Proof of Injury and Damages in Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Attorney's Fees in Title VII Actions: Applying the Christiansburg Standard for Awards Against the EEOC, Susan Jameson
The Right to a Jury Trial for Jurisdictional Issues, Steven Kessler
ERISA Plans as Property of Individuals' Bankruptcy Estates, Elynn Lambert
Due Process, Retroactivity, and the Multiemployer Pension Plan Amendments Act of 1980: Congress' Arbitrary Means to a Legitimate End, Eric G. Menkes
The Supreme Court's "Resolution" of the Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
The Constitutionality of Section 9-504(3) of the Uniform Commercial Code: A Question of State Action and Procedural Due Process, Abe Rappaport
Broadway's Newest Hit: Incentive Zoning for Preserving Legitimate Theatres, Spencer L. Schneider
