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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 2022 2022

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

Student Perspectives

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

Sex Work Is Real Work: The Implications of U.S. Strippers Winning the Right to Unionize, an International Comparative Study, Katherine Fustich

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

Crime Doesn't Pay but Neither Can Ex-Offenders: A Comparative Analysis of Criminal Restitution in the United States and Canada, Justin Gendler

Duty to Rescue in the Digital Age: A Comparative Analysis, Cameron Kellett

Advance to the Nearest Dispensary: How Quebec's Marijuana Monopoly Is a Model for Future Legalized States, Jason Levine

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

Fourth Amendment Issues and COVID-19 Tracking, Brooke A. Banks

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

Any Port in a Storm: What Social Media Platforms Should Do to Address the Shifting Legal Tides Governing Content Embedding, Laura Cohen

#FreeBritney: The Importance of Public Access to the Guardianship System, Cecily D'Amore

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

A Bull in a China Shop: How CFIUS Made TikTok a National Security Problem, Adina Feder

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

Section 230: The Internet's Most Important and Most Misunderstood Law is Unfairly Under Attack, Málfríður A. Helgadóttir

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

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

Polarization and Reform: Rethinking Separation of Emergency Powers, Kevin Rizzo

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

Water Privatization and the Case for a Public Model, Jessica Wang

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

The Right to Dine: Why New York City's Restaurant Culture Is Worth Saving, Evelyn Baert

Climate Reparations: Moral, Historical, and Legal Justifications for United States Reparations Payments to Female Population Groups in Developing Countries, Kate Belsito

Title VII Prohibits Employment Discrimination... except When It Doesn't: Eliminating the Small Firm Exemption, Hayley Bronner

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

Hamiltonian Shifts in State Aid and the Coming Breakdown of the Internal Market: Can the European Union Survive Its COVID-19 Response?, Richard Dacher

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

Here Stood My Dreaming Tree: A Proposal to Reform Non-LPR Cancellation of Removal to Bring Undocumented Immigrants Out of the Shadows, Andrea Barrientos

Treating Runaway Youth as Criminals: Wrongfully Silencing Their Voices and Issuing Arrest Warrants, Tziona Breitbart

The Recent Federal Withdrawal of Limitations on Supplemental Environmental Projects and Importance to Environmental Justice Initiatives, Christina Giordanella

Prostitutes and Policing - Analysis of Tactics Used to Reduce the Demand for Sex, Morgan Helfman

Confusion in the Marketplace: Anti-BDS Laws and Free Speech Principles, Patrick Keogh

Dignity, Freedom, and Digital Rights: Comparing American and European Approaches to Privacy, Virginia Kozemczak

The Prison Litigation Reform Act and the Physical Injury Requirement in the Context of Transgender Inmates, Hunter Kravitz

Misguided Good Intentions: How Blue States' Opposition to ICE Contracts Hurts the Undocumented, Caroline Kutschera

Who Killed the Mockingbird?-An Analysis of Community Theatres' Legal Standing Amid Copyright Disputes Over to Kill a Mockingbird and How to Protect Community Theatres, Yifan Li

Amazon HQ2 & The NIMBY Movement: An Opportunity to Incorporate Deliberative Democracy into New York's Land Use System, Jennifer Russnow

Policing Pregnancy Loss: Misuse of Abuse of a Corpse Laws, Monica Siwiec