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 2020 2020

A Presumption in Favor of Openness: Unsealing Adoption Records, Emily Ingall

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

Overrepresented Yet Overlooked: LGBTQ Survivors of Trafficking and the Imperative for the Nordic Approach to Sex Trafficking Laws in the United States, Claire Mooney

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

Making the Leap from Bullying to Equality: An Analysis of Transgender Student Rights, Nathan Ades

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

Dying While Trans: A Critical Analysis of Respect After Death Laws, Kara Nowakowski

Karma and the United States Government: How Mass Incarceration Policies Created an Ailing and Costly Aging Population in the Prison System and How Can Civil Legal Services Assist the Elderly After Release, Korina Rud

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

Lawful Neutral: The Justice System and Dungeons and Dragons, Laura Lea Williams

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

The Courtroom Turned Classroom: A Model Procedure for Educating the Gatekeepers of Expert Evidence in Complex Toxic Tort Cases, Izabelle Tully

Private School Placement for the Twice Exceptional Child Under the Individuals with Disabilities Education Act, Matthew Alessandri

Sexual Ageplay in Virtual Reality: Practicing Free Speech or Producing Child Pornography?, Lillian Esposito

The War on Affordable Housing?: How Anti-Drug Policies Put Families in Federally Subsidized Housing at Risk of Eviction, and Methods for Mitigating These Collateral Consequences, Katherine Kuhl

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use of This Powerful Investigative Tool, Alexandra Nieto

Re-Examining Custody and Incarceration Requirements in Postconviction DNA Testing Statutes, Ian J. Postman

Straight Actors in LGBT Roles: Creative Casting or Employment Discrimination?, Erica Ruff

When Sharing is Not Caring: Creating an Effective Criminal Framework Free from Specific Intent Provisions to Better Achieve Justice for Victims of Revenge Pornography, Ava Schein

War Torts, Autonomous Weapon Systems, and Liability: Why a Limited Strict Liability Tort Regime Should Be Implemented, Elizabeth Fuzaylova

How Playlists Broke the Internet: An Analysis of Copyright in Playlist Ownership, Tori Misrok

Too Big for Personal Jurisdiction? A Proposal to Hold Companies Accountable for In-State Conduct in Accordance with Due Process Principles, Polina Pristupa

Mediation as an Alternative to Litigation for Child Custody Disputes for Incarcerated Parents, Maria Abbruzzese

The Universal Periodic Review as a Form of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Kids Say the Darndest Things: Minors and the Internet, Emily DiRoma

A Cashless Economy: How to Protect the Low-Income, Samuel Erlanger

Kill or Be Killed: Why New York's Justification Defense Is Not Enough for the Reasonable Battered Woman, and How To Fix It, Abigail Finkelman

Beeware of the Consequences: The Importance of Urban Apiaries and Environmental ADR, Chelsea Gallay

Editor's Note & Acknowledgments, Nicholas Gliagias

Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression, Antonio Iglesias

Using Restorative Dialogue as an Assimilation Technique for Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

The Role of Transformative Mediation in Family Business Disputes, Jacob Lebovics

Remodifying Colombian Peace Process: A Critical Perspective and a Demand for Justice, Armando Martinez

Novel Adaptation to Stage and Screen: Rethinking the Contractual and Creative Process, Jennifer Rainville McCabe

Is President Trump Violating the First Amendment When Blocking Citizens on Twitter?: Exploring Multi-Party Negotiation as a Way to Protect Citizens' Rights in the Wake of the New Digital Age, Ashley B. Mongiello

Emergency Removals: Does the Statutory Language of N.Y. Fain. Ct. Act § 1024 Safeguard Vulnerable Families From Foster Care Panic?, Sydney Myones

Solving the Problem-Solver Problem: How a Revamp of Arbitral Ethics Will Encourage Plaintiffs and Benefit Defendants, Lindsey Rubinstein

How Far Does the Rabbit Hole Go: The Interaction Between Set-Off Rights and the Voidable Preference Hypothetical in Chapter 7 Liquidation, Josh Rutstein

A Solution to The Silencing and Denial: How ADR Can Harmonize Catholic Law with the International Communities Demand to End the Sexual Victimization of Children in the Catholic Church, Danielle Shayne Shapero

Arbitration as the Ideal Method of Labor Law Dispute Resolution: A Case Study Using 14 Penn Plaza LLC, et al. v. Steven Pyett, et al., Douglas Shribman

When the Rich Regret: The Case of Non-payment in Art Auction Sales, Allison Trupp

Submissions from 2018 2018

Combating the Actor's Sacrifice: How to Amend Federal Labor Law to Influence the Labor Practices of Theaters and Incentivize Actors to Fight for Their Rights, Shelley Attadgie

Conspiracy: Contemporary Gang Policing and Prosecutions, Keegan Stephan

The Futility of Futility: An Analysis of the Charlie Gard Case Within the Framework of U.S. Law, Elana Bengualid

The Modern Public Square: Digital Viewpoint Discrimination in the Age of @RealDonaldTrump, Jonathan Groffinan

Missing the Point(s): "Raise-ing" A Bias Against Extraordinary Talent in the Arts, Ting Ting Lu

A Fish Out of Water: Why the GAO's Approach to Finding Agency Propaganda Is Inadequate in the Social Media Age, Jennifer Pierce

The Fatal Shortcomings of our Good Samaritan Overdose Statutes and Proposed Model Statute, Nicole Schill

O.K. Computer: The Devolution of Human Creativity and Granting Musical Copyrights to Artificially Intelligent Joint Authors, Jared Vasconcellos Grubow

A Clear and Present Danger: The Need for Regulated Accountability for Online Service Providers to Preserve and Promote Free Speech, Notice, and Due Process, Benjamin H. Winters

Babies Having Babies: Advocating for a Different Standard for Minor Parents in Abuse and Neglect Cases, Emily Barry

Lease Terminations as Fraudulent Transfers: Reconciling Bankruptcy Code Sections 548 and 365(c)(3), Patrick J. Glackin

Facilitating the Intent of Deceased Social Media Users, Yael Mandel

Framed by Forensics: Fulfilling Daubert's Gatekeeping Function by Segregating Science from the Adversarial Model, Kayla Marie Mannucci

Admissibility of First Time In-Court Eyewitness Identifications: An Argument for Additional Due Process Protections in New York, Dakota Kann

Artificially Intelligent Lawyers: Updating the Model Rules of Professional Conduct in Accordance with the New Technological Era, Katherine Medianik

Deconstructing the DAO: The Need for Legal Recognition and the Application of Securities Laws to Decentralized Organizations, Laila Metjahic

"Too Big to FOIA": How Agencies Avoid Compliance with the Freedom of Information Act, Stephanie Alvarez-Jones

Will the STOP Act Stop Anything? The Safeguard Tribal Objects of Patrimony Act and Recovering Native American Artifacts from Abroad, Aaron Haines

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

The Violence Against Women Act, Implicit Bias, and Judicial Training, Lorena Espino-Piepp

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 Impact of Parental Narcissistic Personality Disorder on Children and Why Legal Intervention is Warranted, Samantha Jacobson

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

No Parents Allowed: The Problem with Special Immigrant Juvenile Status, Javeria Ahmed

The War on Rape? The Implications of Setting Mandatory Minimum Sentencing for Rape and Sexual Assault Convictions, Daniel Belcher

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