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 1998
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
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
