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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 2021 2021

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

RE: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul is Shaping Bail Reform Across the Country, Andrea Coppola

Post-Conviction DNA Testing in Death Row: A Constitutional Argument Under the Due Process Framework, Chi-Hsin Esther Engehart

Medication-Assisted Treatment: Statutory Schemes & Civil Rights Implications, Melissa Koppel

A Constitutional Analysis of a Proposal to Expand the Prison Nursery Programs, Lion Song

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

We Presume Too Much: Abandoning the Presumption of Legitimacy in Certain Adoption Matters, Judy Dahl

Abolishing ICE Is Not Enough: Using Conservative Judicial Principles to Protect Unauthorized Immigrants from a "Tyrannical Bureaucracy", Ashley Dylenski

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

Mending Violence Against Workers in the Bangladesh Garment Industry: An Anti-Capitalist Perspective on Fabrications of "Improving" Labor Conditions, Jenny Lam

The REAL ID Act: Real Consequences Involving Immigration Status & Eligibility Requirement Concerns for Immigrants, Rachael Marvin

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

Not Far Enough: The Rising Elderly Prison Population and Criminal Justice and Prison Reform Following the First Step Act of 2018, Johnny Thach

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

Where Drugs Are Involved, Universities Offer Education and Rehabilitation, While the Juvenile Justice System Offers Detention and Punishment: Why Juvenile Drug Courts Are the Answer, Samantha Balanevsky

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

Forgive Me Father, For I Have Sinned: Explicitly Enumerating Clergy Members as Mandatory Reporters to Combat Child Sexual Abuse in New York, Gabriella DeRitis

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

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