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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 2018 2018

Preserving Film Preservation From The Right of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, and Ian J. Postman

The Search for Third Options in a Two-Bathroom Society, Sharon R. Cruz

Utilizing ADR Between Automakers, the European Union, and the United Kingdom to Avoid Automobile Tariff Increases Arising from Brexit, Nicholas Gliagias

Utilizing ADR as a Vehicle for Effective Communication and Success of Payment in Urgent Care, Stephanie R. Goldberg

Music Videos: The Gray Area in First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold

Resolving Self-Driving Car Patent Conflicts: Arbitration in Waymo v. Uber and Future Autonomous Vehicle Patent Disputes, Ilya Gorelik

The Devil's Advocate Also Wears Prada: The Impracticality of ADR in Counterfeiting Disputes and the Prospect of Arbitration, Anan Kahari

Access to Justice: Accelerating the Abandonment of FGM/C, Gretchen Kail

Faith-Based Mediation in the Pakistan-India Conflict, Sarah Khan

Is Disgorgement a Penalty in the Antitrust-Enforcement Realm?: Exploring Mediation as the FTC's Response to Kokesh in the Context of Reverse Payment Settlements, Jennifer Kim

Proposing a Federal Post-Natural Disaster Mediation Program, Michelle Shaykevich

How Pre-Dispute Arbitration Clauses Chill Whistleblowing and End-Run Dodd-Frank Whistleblowing Protections, Noah Weingarten

Lessons from the South China Sea Ruling: Med-Arb as the Recommended Dispute Resolution Method for Asia's Maritime Disputes Under UNCLOS, Julia Y. Yang

Submissions from 2017 2017

Beyond Gifting: Harmonizing the Devolution of Reorganization Plan Gifts and the Evolution of Sale Gifts, Reuben E. Dizengoff

Successor Liability in the Bankruptcy Context: The Problem or the Solution?, Chelsea Donenfeld

Copyrighting the Quotidian: An Analysis of Copyright Law for Postmodern Choreographers, Jessica Goudreault

Tribal Sovereignty and Gaming: A Proposal to Amend the National Labor Relations Act, Regina Gerhardt

Spare the Rod, Save a Child: Why the Supreme Court Should Revisit Ingraham v. Wright and Protect the Substantive Due Process Rights of Students Subjected to Corporal Punishment, Lekha Menon

How a Class Action Plaintiff's Request for Attorney's Fees Can Prevent Mootness Despite a Defendant's Tender of Damages, Lyuba Shamailova

Responsibly Irresponsible?: An Analysis of the Medically Noncompliant Offender’s Federal Insanity Defense, Geoffrey Andreu

Introduction: Immigration Crackdown: Examining the Impact of “Enforcement First” Immigration Policies, Kristina Aragon

Calculating Artists’ Royalty: An Analysis of the Courts’ Dualistic Interpretations of Recording Contracts Negotiated in a Pre-Digital Age, Nina Aragon

Activist Investors and Mediation, Juliana Bleiberg

Rwanda and the Kigali International Arbitration Centre: The Future Faces of East African Arbitration and Growth, Jeremy Cantor

Why Wait So Long: The Cornelius Gurlitt Collection and the Need for Clear ADR Mechanisms in the Restitution of Looted Art, Samantha Elie

Suspended Sentence Contingent Upon Participation in Victim Offender Mediation for Juveniles Who Commit Violent Crimes, Lindsay Goldbrum

One Country, Two Systems: Hong Kong's Unique Status and the Development and Growth of Arbitration in China, Jiali (Keli) Huang

Using Crisis Negotiation Team Methods to Decrease Violence in Prisons, Emily Katz

Zealous and Effective Advocacy: An Assessment of the Constitutional Right to Counsel Within a Drug Court Proceeding, Sarah Kirschenheiter

Early Non-Military Intervention to Prevent Atrocity Crimes, Sarah Lesser

Transforming Business Through Proactive Dispute Management, Deborah Masucci and Shravanthi Suresh

Utilizing Alternative Dispute Resolution to Foster Comprehensive Traumatic Brain Injury Research, Michael Meyers

Changing the System Without Changing the System: How the National Popular Vote Interstate Compact Would Leave Non-Compacting States Without a Leg to Stand On, Jillian Robbins

Independent Contractors or Employees? Why Mediation Should be Utilized by Uber and Its Drivers to Solve the Mystery of How to Define Working Individuals in a Sharing Economy Business Model, Ethan Rubin

Holocaust-Era Art Restitution Claims: Is the HEAR Act a Game Changer?, Rachel Sklar

Can't We All Get What We Want?: The Use of Tiered Dispute Resolution as a Means of Sustaining Free Market Channel-Sharing Arrangements Resulting From The FCC's 2016 Incentive Auction, Daniel Spencer

Hollywood Accounting: Profit Participation and the use of Mediation as A Mode of Resolving these Disputes, Eric Strum

Is it Time to Pay Attention? Critiquing the Cognitive Enhancement Drug Policies and Appeals Process in United States Collegiate Sports, David Swiedler

The History and Legacy of the Pound Conferences, Lara Traum and Brian Farkas

Developing Improved Tactics for Advance Pricing Agreements to Decrease Negotiation Lead Time, Ryan Vines

The Waning of the Indian Child Welfare Act: How Mediation May Help Save the Act and Preserve its Original Intent, Alice Wade

Submissions from 2016 2016

Reining in Recalcitrant Broker-Dealers: Customers Negotiating With Broker-Dealers to Arbitrate Before Seeking Interpleader, Rushelle Bailey

Race-Based Reverse Employment Discrimination Claims: A Combination of Factors to the Prima Facie Case for Caucasian Plaintiffs, Shirley W. Bi

Classwide Arbitration: A Method of Resolving the "Natural" Food Label Litigations, Angelina Dalia

Shifting from 'Consent' to Advice: Reimagining the Role of the Senate in Foreign Affairs, Benjamin Dynkin

Collective Bargaining in Rent Stabilized Buildings: How New York City's Rent Regulated Market Can Benefit from the Fundamentals of Labor Law, Stephanie Gorin

Utilizing ADR in Domestic Adoptions for Same-Sex Couples, Nicole Hertzberg

Unlock the Music: Replacing Compulsory Music Licenses with Free Market Negotiation, Karen (Kai-Wen) Hsieh

Keeping Our Kids in School and Out of Court: Rooting Out School Suspension Hearings and a New Alternative, Rachel Klein

Taiwan's Path to Independence: Resolving the "One China" Dispute, Kristine Yeh Koopman

Mediating Domestic Violence Disputes in Chinese Immigrant Families in the U.S.: The Case for Court-Appointed Mediation Programs, Kevin Lam

Race, Religion, and RFRA: The Implications of Burwell v. Hobby Lobby Stores, Inc. in Employment Discrimination, Hanna Martin

It Takes a Village: Using Seniors to Help Divorcing Families, Forrest S. Mosten and Lara Traum

Same-Sex Parenting Among a Patchwork of Laws: An Analysis of New York Same-Sex Parents’ Options for Gaining Legal Parental Status, Alexander Newman

Enhancing the Community Relations Service Arsenal: A Restorative Justice Solution for Community Conflicts with Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Reducing Recidivism of Violent Offenders Through Victim-Offender Mediation: A Fresh Start, Laura Ravinsky

Introduction: New Models for Prosecutorial Accountability, Russell Shapiro

Time to Pay College Athletes? Why the O'Bannon Decision Makes Pay-For-Play Ripe for Mediation, Andrew Steckler

Submissions from 2015 2015

"Pay-For-Delay" Settlements Post-ACTAVIS: Why Mediation Can Tackle the "Unreasonable" Antitrust Settlements, Sheena Ching

Welcome to the Jungle, Where the Rent is Too Damn High: Using Rent Regulation in New York City to Maintain an Affordable Housing Stock, Gabrielle DeNaro

Sleeping? Comatose? Only Mandatory Consideration of Mediation Can Awake Sleeping Beauty in the European Union, Giuseppe De Palo and Romina Canessa

Safe and Sound: How ADR Can Protect Aquatic Life and National Security, James Diskint

Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens as They “Lower” the Burden, Jason Goldman

The Compensation Conundrum in Partial Takings Cases and the Consequences of Borough of Harvey Cedars, Brittany Harrison

Repatriation of Korean Cultural Property Looted by Japan-Can a Sincere Apology Resolve the Centuries-Old Korea/Japan Disputes?, Melissa (YoungJae) Koo

"It Doesn't Seem Very Fair, Because We Were Here First": Resolving The Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-Government Negotiations, Rita Lenane

Where Do We Fight?: A Way to Resolve the Conflict Between a Forum Selection Clause and FINRA Arbitration Rule 12200, Suleman Malik

Copyright Alert System: Six-Strikes and Forced Arbitration Might Not be the Answer, Brett Schiff

Breaking the Impasse: A Two-Pronged Approach for Resolving Sovereign Debt Holdout Disputes, Alexander Shapos

Involved, Empowered and Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish and American Law and Builds Happy Families, Lara Traum

The Bomb Keeps the Lights On: The Use of Final-Offer Arbitration in Failed Retransmission Consent Negotiations, Daniel J. Weiss

Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga

Submissions from 2014 2014

Symposium Issue Introduction and Dedication, Shawna Benston

We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes, Kori Clanton

The War on Drugs is Over (If You Want It): State Drug Courts as an Alternative to Criminal Courts for Low-Level Nonviolent Drug Offenders, Blake Courlang

A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein

Chapter 9 Bankruptcy in California: The Efficacy of Mandating Alternative Dispute Resolution in Municipal Bankruptcy Filings, Michael Galen

Prisoner Facilitated Mediation: Bringing Peace to Prisons and Communities, Laurel Kaufer, Douglas E. Noll, and Jessica Mayer

(I Can't Get No) Satisfaction: Using Restorative Justice to Satisfy Victims' Rights, Jessica M. Marshall

Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty, Laura C. Sayler

FRCP 26 vs. FRE 408: Why Settlement Negotiations Should Be Privileged Against Third-Party Discovery, Andrew Sher

Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution, Paula Shulman

The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay

International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria, Kyle Winnick

Submissions from 2013 2013

But It Wasn't My Fault! The Scope of the Zoning Estoppel Doctrine, Simon J. Elkharrat

Protecting Juveniles' Right to Remain Silent: Dangers of the Thompkins Rule and Recommendations for Reform, Lauren Gottesman

Health Exchange Federalism: Striking the Balance Between State Flexibility and Consumer Protection in ACA Implementation, Sam Solomon

Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to Make Impartiality a Reality, Rachel Pecker

"That's the Guy!": Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification, Gilbert M. Rein

"Every Move That She Makes": Copyright Protection for Stage Directions and the Fictional Character Standard, Deana S. Stein

Why Can't We Be Friends?: How Far Can the State Go in Restricting Social Networking Communications Between Secondary School Teachers and Their Students?, Elise Rosen Puzio

Grossly Overbroad: The Unnecessary Conflict over Mixed Motives Claims in Title VII Anti-Retaliation Cases Resulting from Gross v. FBL Financial Services, Robert Tananbaum

What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases of Wrongful Life, Shawna Benston

From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off, Jared Bloch

The "State Of Necessity" Defense: A Burden, Not a Blessing to the International Investment Arbitration System, Kelley Chubb

Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody

Finding Reality in the Right of Publicity, Lindsay Korotkin

Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin

The Second Circuit’s En Banc Crisis, Mario Lucero

The Savior of Aggregate Litigation: The Giving Green Tree, Matthew Maggiacomo