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Student Articles & Notes

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 2023 2023

No Bullying Allowed Here: Adopting a Misuse Doctrine to Defeat Trademark Bullies, Jessica Shechtman

Navigating Campaign Finance Reform Through Publicly Funded Elections on the Local Level, Emily Bernstein

A Rights-Based Approach to Determining Venue for Immigration Removal Hearings, Maleah Bradley

Wrong Search at the Wrong Time: Keyword Search Warrants and the Fourth Amendment, Nicole Chan

The Writing on the Wall: A Proposal for Reform of the Office of Legal Counsel in the Wake of the Trump Administration's Border Wall, Sean Dalton

Arguing Arbitration Waiver After Morgan v. Sundance A Path to Hold Debt Buyers Accountable for Abusive Collection Litigation, Noa Gutow-Ellis

Juvenile Genetic Privacy in New York: DNA Collection and Maintenance Post-Francis O., Cassidy Moon

Bolstering New York’s Tenant Protection Law: Ensuring Retroactive Application Under the Heightened Regina Standard, Abigail Strange

Growth Beyond Its Limits - How Much Growth Is Too Much for the Purpose of the Local Government Antitrust Act of 1984?, Katherine Stern

To Protect or Not to Protect?: Unveiling the Courts’ Failures to Hold Law Enforcement Accountable for Inadequate Responses to Mental Health Crises After Wilson v. Gregory, Carly Zdankowski

The Drug Policy Reform Act: Analyzing the Potential Future of United States Federal Drug Policy, Justin Danziger

Pretrial Release, Risk Assessment, and the Failing Movement Towards a Cashless Bail System: The Need to Target the Source, Brooke Hodgins

People Over Profits: Why a Private Right of Action in the Occupational Safety and Health Act is Necessary During the COVID-19 Pandemic, Olivia Nevola

Adolescent Brain Development and Crime: Why New York State Should Increase the Age of Criminal Culpability to Twenty-One Years Old, Julia Patz

Judicial Interpretation by Bankruptcy Courts and the Department of Education Regarding the Application of the Undue Hardship ("Brunner") Standard to Student Loan Discharges, Anda Totoreanu

How to Alleviate the Repercussions of Wrongful Convictions: Holistically Righting the Wrongs of Inadequate Compensation Statutes, Marissa Cohen

Beyond Offense: Why the First Amendment Does Not Protect Deliberate Misgendering, Molly Dower

A No Man’s Land of Fair Use: Marano v. The Metropolitan Museum of Art, Sarah Landry

Gender Registration and International Law: Are Gender Markers Necessary?, Mika D'Angelo

Lipstick & the Law: An Exploration of the American and French Statutory Protections against Makeup Mandates in the Workplace, Kira Dennis

Tracing Heritage: Addressing Cultural Property Crime through Recordation on the Blockchain, Richard de Schweinitz

The Hague Convention on International Parental Kidnapping: Still the Best Hope for Children?, Katherine Jenkins

Battling Batson: State v. Andujar and New Jersey's Efforts to Fix a Broken Doctrine, Eli Shahar

The Due Process Owed to Noncitizens: Standardizing the Burden in Sec. 1226(a) Bond Hearings with the Help of Hernandez-Lara and Velasco Lopez, Sharon Shaji

An Examination of U.S. and U.K. Procedures Governing Sexual Misconduct Investigations in Universities, Marc Siegel

Integrating Cultural Property Law Doctrine into the Nazi-Looted Art Restitution Legal Framework, Julia Vastano

Mission Impossible? The Case for Municipal Tort Liability Reform in a Post-Valdez World, Shelley Wu

The Art World of Digital Assets: How Non-Fungible Tokens Create a Loophole in Anti-Money Laundering Regulations, Sofia Aizenman

Can Artists Recapture Their Copyrights in Musical Compositions That Have Been Lost to the Public Domain? Skidmore v. Led Zeppelin Applied, Brianna Bell

Bond Conditions as Fourth Amendment Seizures, Rebecca Laden

Physical Scars Are Not the Only Evidence: Crucial Expansion of New York's Penal Law to Define Coercive Control and Technological Abuse as Domestic Violence, Bailey D. Appel

A Portrait of the Artist’s Heirs in Mediation: ADR Techniques to Prevent and Resolve Disputes Following an Author’s Death, Nicholas Beudert

Easing the Burden of Survivors of Domestic Violence Through the "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("IDV") Courts Should Be Instituted Throughout the United States, Elka B. Blonder

Making Justice Available for Victims of Sexual Misconduct Within the Prison System, Emma L. Bruder

Digital Purgatory and the Rights of the Dead: Protecting Against Digital Disinterment in the Age of Artificial Intelligence, Greyson Cohen

Arbitrating Social Media Content: A Framework for Banning High-Profile Users through Third-Party Arbitration, Rachel Gershengoren

Fight for Your Life: A Study of Fairness in the Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff

Conflict Resolution-Negotiation: LIV v. PGA Tour, Ross Herman

Improving New York City's COVID-19 Vaccine Mandate for Public Sector Workers: A Collaborative Framework for Labor-Management Relations in High Impact Circumstances, Chelsea Hill

Easing Evictions: The Need for Mediation and Formal Eviction Guidelines between New York City Landlords and Rent-Stabilized Tenants, Halle Jaffe

Applying Family Mediation to the Creation of Psychiatric Advance Directives, Olivia Kalsner Kershen

Don't Foreclose on Me: ADR's Role in Regulating the Foreclosure Power of Homeowners Association in the Aftermath of COVID-19, Jessica Lalehzar

The Power of Influence: Standardizing the Influencer Marketing Industry through Alternative Dispute Resolution, Michele Lehat

Big Screen or Bust?: How Contractual Negotiations in Hollywood Must Adapt in the Streaming Era, Alexis Narotzky

Victim-Offender Mediation: A Missing Component of a Multi-Pronged Approach to Reduce New York City Subway Crime, Elizabeth Neuburger

Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace, Rachel Refkin

Pacifying Professional Negligence Disputes - The Prospective Path for Mediation within the Psilocybin Industry, Miranda Sapoznik

Accessibility in the Digital Age - Why the United States Needs a New Approach to the Americans with Disabilities Act, William J. Seguin

A Means to an End: A Way To Curb Bias-Based Policing in New York City, Garanique N. Williams

Submissions from 2022 2022

The Implications of New York’s Gender Expression Non-Discrimination Act for Transgender Housing in Prisons, Rebecca Barrett

Landlord Liability for Tenant-on-Tenant Harassment Under the Fair Housing Act, Mary Karapogosian

Thaler v. Vidal: Artificial Intelligence—Can the Invented Become the Inventor?, Michelle Lavrichenko

Corrupt or Charitable? Patient Assistance Programs and the Case for Narrowing the Breadth of the Federal Anti-Kickback Statute, Isaac Strauss

Hamptons Aesthetics vs. Shinnecock Rights: How the Federal Government is Failing to Protect Indigenous Sovereignty from State Judicial Infringement, Lindsay M. Brocki

Far-Fetched Uses of Drug Detection Dog Alerts: A Case Note on United States v. Braddy, Daniel Kaseff

Expanding the Idea to Mitigate Disproportionality of English Language Learners in Special Education, Hannah R. Kramer

The Lord Is My Strength and My Shield: The Ecclesiastical Abstention Doctrine in In re Diocese of Lubbock, Kerri A. Matulis

Sanctions, Financial Regulation, and Crypto in Latin America, Camilla Oliva

A Comparative Look at the Response to Organized Crime in the Ports of New York-New Jersey and Vancouver, Julia Pjevach

The End of Forced Arbitration of Sexual Violence and the Uncertain Future, Heidi M. S. Sandomir

The Various Problems and Instabilities With the Implementation of the Special Immigrant Juvenile Status Statute, Calli Schmitt

Queer Liberation's Long March Towards Equality: How LGBTQIA+ Advocates May Seek to Combat the Rise of Anti-LGBTQIA+ State-Level Legislation and Substantiate Broader Lasting Legal Protections in a Post-Bostock World, Davis J. Villano

Solitary Confinement: What the United States Can Learn from England and Norway, Markus Wieshofer

Acts of Justice: Restoring Justice for Immigrants Through State Pardons, Sadie M. Casamenti

Drug Court Discrimination: Discretionary Eligibility Criteria Impedes the Legislative Goal to Provide Equal and Effective Access to Treatment Assistance, Kalyn Heyen

Where Do We Draw the Line? The Deliberate Indifference Standard and Why Vulnerability to Sexual Harassment Matters in Title IX Liability, Laëtitia Krisel

The Prison Litigation Reform Act Exhaustion Requirement: How a Legislative Decision from 1996 Is Controlling COVID-19 Conditions Inside Correctional Facilities, and What Can Be Done to Fix It, Hannah E. Mirzoeff

Redefining Risk: Judicially Heightened Risk Standards and HIV-Specific Criminal Laws, Bryan Olert

Driving the National Labor Relations Act Forward: Analyzing Abusive Conduct that Occurs in the Course of Protected Activity After General Motors LLC, Kurt Stumpo

Reparations for a Public Nuisance? The Effort to Compensate Survivors, Victims, and Descendants of the Tulsa Race Massacre One Hundred Years Later, Adam Coretz

Leveling the Playing Field in Custody Proceedings in New York City Family Court: Enforcing the Rights of All Parents to Notice and an Unbiased Opportunity to Enforce Their Fundamental Right to Parent their Child, Dana Gambardella

Why Do You Care About My Hair? A Proposal for Remedying Hair Discrimination in the Workplace on a Federal Level, Grayson Moronta

How the Farm Bill May Be the Key to Healthier Cities, Fatima Ouedraogo

Blackouts and Holes: Analyzing Cross-Market Geographic Mergers in the Healthcare Services Market, Hankyul Song

The Ballad of the "White" Collar Criminal: An Examination of the Intersection of Race and Gender in Federal White-Collar Sentencing and Possible Implications of the Findings, Taylor Tesher

Bans with No Bite: Why Racial Profiling Bans Are Unable to Create Racial Justice in Policing, Rebecca Yin

Separating Governance Tokens from Securities: How the Utility Token May Fall Short of the Investment Contract, Kyle Bersani

The Revival of Student Loan Discharge in Bankruptcy by the Tenth and Second Circuits, BiQi Chen

Licensed to Rock the Campaign Trail: Are the ASCAP and BMI Political Campaign Licenses Violating Their Antitrust Consent Decrees?, Leah Scholnick

Religious Mediation as a Tool to Resolve Disputes between Religious Universities and Their LGBT Students, Isaac Altman

The Semiconductor Industry's Need for Better Negotiation to Combat China's Rise, Joshua Becker

Something for Nothing: Untangling a Knot of Section 230 Solutions, Nicholas Bradley

Women's Rights and Customary Justice in Afghanistan: A Review of Jirgas under CEDAW's Access to Justice Components, Fernanda Canessa

Extra Life: An ODR Mediation System as a Moderation Tool for Live Streaming Platforms, MyeongHwan Cha

The Need for Adopting Mass Arbitration Waivers in the Online Sports Betting Industry, Samuel Ditchek

Equal Education Means Equal Education: Confronting Education Access Disparities for New York Students Amid the COVID-19 Pandemic during the 2020-2021 School Year, Sara Gruber

How to Resolve Capital Cases through Pretrial Mediation, Clare Haugh

Twenty Yards from the End Zone: ADR, and the Potential for Greater Levels of Gender Equality in Professional Sports Employment, Elan Kirshenbaum

Alternative Dispute Resolution in Child Sexual Abuse Cases: Approaches for Minimizing Victimization, Stephanie Leavitt

Mechanical Licenses and The Willing Buyer/Willing Seller Standard: Establishing Royalty Rates in a Vacuum of Knowledge, Natalie Linn

Hook, Line, and Sinker: The Use of Subsidies, the Globalized System of Preferences, and Arbitration to Save Our Ocean's Fish, Lindsy Maglich

The Need for Mediation in Internal Whistleblowing Mechanisms, Elad Michael

Ransomware Warfare: Exploring Global and Private Negotiations to Help U.S. Victims Respond to the Threat, Karina Nad

Standardizing State Vote-by-Mail Deadlines in Federal Elections, Jason Nagel

The Monetization of Childhood: How Child Social Media Stars are Unprotected from Exploitation in the United States, Jessica Pacht-Friedman

Every Reasonable Chance plus Two: How the Red Hook Community Justice Center Bridges the Gap between the Community and the Justice System, Se Won Park

Smoke without Fire: Employing Mediation to Create Workplace Accommodations for Medical Cannabis Use by Disabled Armed Forces Veterans, Brendan William Potocki

Making Sex Work Safe: Using a Consensus-Based Approach to Create Meaningful Policy for Sex Workers, Alexandra Sandler

Don't Bet the Farm in Litigation before Considering Mediation: The Case for Agriculture Mediation Program Implementation, John Schmitz

The British Government's Continued Failure to Deal with Deaths Resulting from The Troubles in Northern Ireland is a Violation of Human Rights, Marie Simpson