Skip to main content

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 2022 2022

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

Land, Legacy, and Law: Amending CERCLA to Account for Environmental Contamination of Tribal Cultural Resources, Alexander Toke

What’s Going On? An Overview of Diversity, Equity, and Inclusion Dispute Resolution Initiatives in New York, Robyn Weinstein and Michelle Lavrichenko

Submissions from 2021 2021

Treat Thy Neighbor as Thyself? Equal Protection and the Scope of RLUIPA’s Equal Terms Clause, Noah Kane

War & the Constitution: Chemical Agents and the Rights of Protestors, Yomidalys Güichardo Morel

Beyond the Grave: A Fiduciary’s Access to a Decedent’s Digital Assets, Isabelle N. Sehati

Two Steps Forward, One Step Back: How New York’s Bail Reform Saga Tiptoes Around Addressing Economic Inequality, Daniel Chasin

Suffering Uncompounded: Civilizing Healthcare Standards for Gender Dysphoric Prisoners, Julian S. Cohen

The Right to Education Under State Constitutions as Applied to Juvenile Delinquents, Laurenne Ferber-Kaufmna

A Clarified Standard? A Case Note on Monasky v. Taglieri, Rebecca Jacobson

When Free Speech and Privacy Collide: Why Strict Scrutiny Is a Poor Fit for Nonconsensual Pornography Laws, Leah S. Murphy

A New Age of Surveillance: Facial Recognition in Policing and Why it Should be Abolished, Annslee Perego

RLUIPA’s Hidden Third-Party Harms on Landowners and Local Governments, Menachem Polishuk

What to Do When People Don't Move: Ending the "Condemnation Blight" Value Rule for Forced Retreat Resulting from Sea Level Rise, Dario Rabak

Bleeding from the Holes in the Theory: How Flawed Deterrence in Federal Tort Claims Enables Police Brutality, Andrew Reisman

Employers’ Secret Weapon: How the After-Acquired Evidence Doctrine Allows Employers to Get Away with Disability Discrimination, Emma Schwab

Contra Publius: The House as Cure for the Complaisance and Venality of the Senate, Sam Solomon

From Museum to the Auction Block: Regulating the Deaccessioning of Art, Jenny Lyubomudrova

Commandeering the Indian Child Welfare Act: Native American Rights Exception to Tenth Amendment Challenges, Jessie Shaw

Between a Rock and a Hard Place: The Implications of St. Bernard Parish Government v. United States on Flood Takings, Mariel Talmage

A Critique of Federal Rule of Criminal Procedure 23(B)(2)(B) and a Proposal to Level the Playing Field for Defendants, Zachary Buda

Defining Necessary Deadly Force for Police: A Framework for Interpreting California’s A.B. 392, Alison Goldman

The Inadequacy of the Impossible: Obtaining Post-Conviction DNA Testing in Alabama, Trena Riley

"Complaints" About Eviction: Central Housing and Minnesota’s Approaches to Retaliatory Eviction Protection, Tyler C. Dixon III

One or Many? Critiquing New York’s "Unfortunate Event" Test for Determining Occurrences in Light of the Passage of the New York Child Victims Act, Kharis Lund

Exhausting Comity-Based Abstention in the FSIA’s Expropriation Exception, Avi Rosskamm

How Do You Know It Was Me? A Case Comment on Cobbler Nevada, LLC v. Gonzales, David T. Frankel

"And the Oscar Goes To . . .": Why the Academy Awards May Create Antitrust Drama with Proposed Eligibility Rule Changes, Armando Marin III

"What Makes You Think You Can Do That?": How Venue Restrictions Prevent Access to Abortion for Minors in Arkansas, Bella Mancini Pori

Toward a Rights-based Model of Economic Sanctions, Seyed Mohsen Rowhani

Deeply Fake, Deeply Disturbing, Deeply Constitutional: Why the First Amendment Likely Protects the Creation of Pornographic Deepfakes, Bradley Waldstreicher

The Use of Mediation to Resolve Conflicts Arising from Cultural Appropriation by Western Fashion Brands, Faith Adongo

Two Steps Forward, One Step Back: How New York's Bail Reform Saga Tiptoes Around Addressing Economic Inequality, Daniel Chasin

A Case for Diversionary Restorative Justice in Cases Involving the Embezzlement of Funds from Small Businesses, Amanda Cooper

Hong Kong and China: Building Bridges between Two Systems in One Country, Harold Kang

Website Accessibility Lawsuits: Using Online Dispute Resolution to Provide More Efficient Outcomes within the Second Circuit, Zachary Kriesberg

2020 International Advocate for Peace Award, Melanie Leslie, Lela P. Love, Zachary Kriesberg, Prabha Sankaranarayan, Ken Cloke, Dave Joseph, Gwendolyn Meyers, Mary Montague, and Shadia Marhaban

Applying Mediation to the Complexities of Surrogacy Agreements, Aude-Mazarine Lestienne

As Long as You Love Me: The Effects of Enforcing Prenuptial Agreements on Intimate Partner Violence, Annie L. Zagha

Submissions from 2020 2020

Untag Me: Why Federal Judges are Broadly Construing Illinois’s Biometric Privacy Law, Lisa P. Angeles

Is the U.S. Government Violating the Safe Conducts of Noncitizens? How a Turn to Strict Originalism Could Revitalize the Alien Tort Statute, Gabe Cahn

Oklahoma v. Purdue Pharma: Public Nuisance in Your Medicine Cabinet, Justin Kaufman

Child Abuse and Cannabis Use: How a Prima Facie Standard Mischaracterizes Parental Cannabis Consumption as Child Neglect, Jasmine Harris

Contracting Away Your Career: An Interstate Comparison of Noncompete Law and a Proposal for Optimal Legislation in New York, Matthew Rametta

Competing Free Speech Rights: Evaluating Compelled Disclosures on Food Packaging in a Way That Reflects Scientific Realities - Or a Lack Thereof, Rakelle Shapiro

When a Picture Is Not Worth a Thousand Words: Why Emojis Should Not Satisfy the Statute of Frauds' Writing Requirement, Moshe Berliner

The Right of Publicity as Market Regulator in the Age of Social Media, Barbara Bruni

The Efficacy of Choice-of-Law and Forum Selection Provisions in Third-Party Litigation Funding Contracts, Robert Glenn

Discrimination and Privacy Concerns at the Intersection of Healthcare and Big Data, James Koenderman

Constitutional Diversity in New York's Specialized High Schools: The SHSAT, the Discovery Program, and the Fourteenth Amendment, Corey Hirsch

Patents As Property: Oil States and Its Implications on the Takings Clause, Jordan T. Owens

Strategies for Emergency Release of Incarcerated People during Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, and Meg Tiley

Securing the Best Odds: Why Congress Should Regulate Sports Gambling Based on Securities-Style Mandatory Disclosure, Ryan Grandeau

Countering Misinformation in the Health Care System: The Case for Stricter Regulations within Health Insurance Provider Directories, Jaclyn Kleban

Inter(Lock)down: The Need for Stricter Enforcement of Section 8 of the Clayton Act, Shafkat Rakib

The Need for Negotiation in Water Resource Disputes Between Central Asian States, Tamiris Askarova

Crossing the Border or Crossing the Line? Why Alternate Dispute Resolution is the Best Route to Reunite Families of Immigrant Children Separated at The U.S.-Mexico Border, Colby Berman

Using Mediation to Get NHL Players Back in the Winter Olympics, Jared Brover

The Trump Administration’s Social Security Rules Will Harm Innovation in the Assistive Technology Industry and People with Disabilities, Christopher Buccafusco and Mariel Talmage

Paradigm Perplexities: Does International Humanitarian Law or International Human Rights Law Govern the Gaza Border Protests of 2018-2019, & What are the Consequences? A Response to the Supreme Court’s Opinion in Yesh Din v. IDF Chief of Staff (HCJ 3003/18), Anthony Carl

A Tangled Web: Can Arbitration Be the Answer to Resolving Manufactured Credit Event Disputes?, Adam Eisenbud

Where's the Beef: The Use of Mediation to Resolve Disputes Between Rappers, Craig Epstein

Lights, Camera, State Action: Manhattan Community Access Corp. v. Halleck, Graham L. Fisher

How Mediation Between Schools and Students Will Help Students Combat Student Debt, Joshua A. Graber

The Ongoing Speculation About Smart Contracts: Smart Enough to Replace Third Party Arbitrators, or Is "Smart" Just A Misnomer?, Rakhil Kalantarova

A Different Approach to the National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate the Creation of Meaningful Legislative Policy, Arielle Kraus

Wolves in Sheep’s Clothing: How Religious Exemption Laws for Discriminatory Private Agencies Violate the Constitution and Harm LGBTQ+ Families, Kharis Lund

Easy as ABC: Why the ABC Test Should Be Adopted as the Sole Test of Employee–Independent Contractor Status, Eric Markovits

The New York Prosecutorial Conduct Commission and the Dawn of a New Era of Reform for Prosecutors, Clyde Rastetter

“Breaking Up Is Hard to Do”: Conceptualizing the Artist-Manager Relationship as a Marriage for Purposes of Alternative Dispute Resolution, Gillian Sloane

New York’s Attempts to Regulate Airbnb (And Other Home-Sharing Platforms) Have Hit a Roadblock and, In the Process, Have Inadvertently Hurt Landlords: How Alternate Dispute Resolution Can Come to The Rescue, Charlene Soleimani

Arbitrating With the Mafia: Why Civil Rico Statutes Are Improperly Used and How Class Action Arbitration May Provide Just Compensation for Forgotten Victims, Max Steinberg

Don't Fight Like Cats and Dogs: Using Mediation for Workplace Accommodation Requests for Service Animals, John F. Walpole

Child Vehicular Heatstroke Deaths: How the Criminal Legal System Punishes Grieving Parents Over a Neurobiological Response, Amanda Washabaugh

Submissions from 2019 2019

Networking Away the American Dream: How Reinterpreting Title VII Can Reduce Employer Reliance on Exclusive Networks in Hiring and Broaden Access to Professional Opportunity, Austin Howard

Killer's Code: Familial DNA Searches through Third-Party Databases under Carpenter, Jesse Kitnick

Katz in the Cradle: The Second Justice Harlan and Reasonable Expectations of Privacy in Electronic Transactional Information, Zachary Silver

The Right To Stay: The Suspension Clause, Constitutional Avoidance, and Federal District Court Jurisdiction to Grant Stays of Removal Despite 8 U.S.C. Sec. 1252(g), Yael Ben Tov

When Deprivation of Access to Literacy Infringes on Indigent Parents' Right to Direct the Education of Their Children, Dana Leone Kennedy

The "Natural" Response to Adjudicating Current Litigation When the Creation of a Related Agency Rule Is Simultaneously Underway, Lauren Kostman

The Right to Appointed Counsel: The Case for Unaccompanied Immigrant Children, Amanda Kavita Sewanan

Child Marriage in America: An Interim Solution Pending a Total Ban, Raquel Wildes Genet

The SEC's Part 205.3(d)(2) and Wadler v. Bio-Rad Labs. Should Be Revisited: The SEC Exceeded Authority in Creating a Reporting Out Provision for In-House Attorneys, Briana Sheridan