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 1992
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
The Post-Riley Era: An Analysis of First Amendment Protection of Charitable Fundraising, Stephen H. Block
Badlands: Artist-Personal Manager Conflicts of Interest in the Music Industry, Hal I. Gilenson
Reading Between the Lines: High Definition Television, Antitrust Reform and America's Chance to Get Back into the Television Business, David L. Glotzer
Protecting Plant-Derived Drugs: Patents and Beyond, Liz Hanellin
A Proposal to Curb Congressional Interference with the National Endowment-for the Arts, Nancy Ravitz
The Doctrine of Elections: Has the Need to Choose Been Lost?, Douglas R. Wolf
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
This Is the Picture-If You Don't Like It, Turn It Off: The Futility of Setting Cable Specific Obscenity Standards, Michael Bauman
Granting Foreigners Free Speech Rights: The End of Ideological Exclusions?, Leonard David Egert
The Fate of Joint Authorship After Community for Creative Non-Violence v. Reid, Shari Ilene Fine
When Sovereigns Collide: Why America's Figure Skating Competitors Are the Ultimate Losers Under the Amateur Sports Act of 1978, Jonathan S. Fishbein
Painting a Dark Picture: The Need for Reform of IRS Practices and Procedures Relating to Fine Art Appraisals, Jessica L. Furey
The Gray Market After K Mart: Shopping for Solutions, Danielle G. Mazur
Trial by Docudrama: Fact or Fiction?, Debra Meyer Glatt
Art Forgery and Copyright Law: Modifying the Originality Requirement to Prevent the Forging of Artworks, Judith M. Nelson
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
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
