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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 2017 2017

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

Heads Up: The Concussion Crisis, Gabriel Blum

A Limited Right to be Forgotten to Protect the Privacy Rights of Juvenile Offenders, Danyaw Chen

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

Back Down to Bullying? The Detrimental Effects of Zero Tolerance Policies on Bullied Adolescents, Devon L. DiSiena

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

Thou Shall Not Adopt: Sexual Orientation Discrimination in the Adoption Process, Peter Gallucci

Evaluating Opportunity in College Sports (Title IX), Brandon Kai Golden

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

Dirty Laws: A Critique of the Audiovisual Media Services Regulations 2014 and Section 63 of the Criminal Justice and Immigration Act 2008, Daniel Haley

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

Housing Intersex Juvenile Offenders, Janae Hunte

Working Towards the Welfare of Our Children: An Argument for a Rebuttable Presumption Against Awarding Abusers Custody and Other Non-Legislative Proposals, Sapna Kishnani

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

Adult Entertainment Film Contracts: To Enforce or Not To Enforce?, Elizabeth Lin

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

Rectifying a Wrongful Reaction: Policy Alternatives to Family Detention and Expedited Migration Proceedings Without Representation for Unaccompanied Minors and Other Migrants Seeking Asylum, Noquel A. Matos

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

Parental Kidnapping: An Epidemic That is Escalating, Michael Samson

Religion's Power Over Reproductive Care: State Religious Freedom Restoration Laws and Abortion, Sophia Martin Schechner

Dude, Where's My Changing Table?: The Fight for Fathers' Rights Is in the Restroom, Steven J. Shafer

Cutting Female Genital Mutilation from the United States: A European-Influenced Proposal to Alter State and Federal Legal Responses when Affording Relief to Somali Victims in Minnesota, Pooja Shah

Introduction: New Models for Prosecutorial Accountability, Russell Shapiro

Gentrification: Yes ... My Community Is Improving, But for Who?, David B. Shepherd

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

"Boys Will Be Boys, and Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah

Submissions from 2015 2015

The Broken System of Parallel Patent Proceedings: How to Create a Unified, One-Judgment System, Christopher Ilardi

Holding the Line: Customs and Border Protection's Expansion of the Border Search Exception and the Ensuing Destruction of Interior Fourth Amendment Rights, Hannah Robbins

Corporate Rights and Individual Interests: The Corporate Right to Privacy as a Bulwark Against Warrantless Government Surveillance, Kayla Robinson

Adequacy of Notice Under CAFRA: Resolving Constitutional Due Process Challenges to Administrative Forfeitures, Rebecca Hausner

Bills, Bills, Bills: The Effect of a Rejected Settlement on Attorney's Fees Under the Civil Rights Attorney's Fees Award Act of 1976, Melissa Ibrahim

Constitutional Constraints on Asylum Termination by the United States Department of Homeland Security, Jonathan Raz

Intrastate Interventions: The State Executive's Response to Local Nonenforcement, Rebecca D. Maller

Crowdfunding Human Capital Contracts, Max Vogel

Hijacking Justice: Assessing the Emergency Driven Analysis of Confrontation Clause Jurisprudence, Steven C. Berlowitz

The Case for Prosecuting Arms Traffickers in the International Criminal Court, Leigh Rome

Dressed to Oppress? An Analysis of the Legal Treatment of the First Amendment and its Effect on Muslim Women Who Wear Hijabs, Nida Alvi

Can You Work It? Or Flip It and Reverse It?: Protecting LGBT Youth from Sexual Orientation Change Efforts, Sanam Assil

"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

Coddling the Internet: How the CDA Exacerbates the Proliferation of Revenge Porn and Prevents a Meaningful Remedy for its Victims, Layla Goldnick

Equity in Substantial Evidence, or Using Article 78 Judicial Review to Achieve Justice for Public Housing Occupants, Janelle Greene

Bound by Law: A Roadmap for the Practical Legalization of BDSM, Daniel Haley

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

The Sisyphean Course of Combating Gender Discrimination in the Federal Marketplace for Prime Contracts: Rolling the Boulder of Small Business Size, Anna S. Molina

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

Title IX-A New Frontier for the Rights of Transgender Youth? The Demand for Federal Regulations Clarifying the Act's Applicability, Elias Shebar

To Pee or Not to Pee? "Where" is the Question: Transgender Students and the Right to Use Public School Restrooms, Melissa Sterling

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

What Can I Do for You, My Damaged Angel: Ways to Better Protect Special Needs Children Adopted from China, Kaidi Yu

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

Submissions from 2014 2014

Not Behind Bars, Not a Prisoner: An Analysis of Guardians, Conservators, and Protection & Advocacy Organizations Under the Prison Litigation Reform Act, Deborah Frisch

Should Class Be Dismissed? The Advantages of a One-Step Class Certification Process in Unpaid Intern FLSA Lawsuits, Julia Morpurgo

Depressing Diagnosis: Stringent Particularity Requirement of the Rule 9(b) Pleading Standard as a Critical Bar to Off-Label Promotion Fraud Whistleblowers, Emily T. Chen

Eminent Domain Law and "Just" Compensation for Diminution of Access, Ashley Mas

Adoptive Admissions and the Duty to Speak: A Proposal for an Appropriate Test for the Admissibility of Silence in the Face of an Accusation, Bret Ruber

Employer Perceptions of Trans Women's Sex and Behavior in Title VII Sex Stereotyping Claims: The Case for Reading Price Waterhouse v. Hopkins as a Blanket Prohibition of Gender Policing by Employers, Alexandra Fiona McSpedon

Striking a Pose: Protecting the Welfare of Child Models, Kelli Ortega

Unauthorized Practice of Law and Meaningful Access to the Courts: Is Law Too Important to Be Left to Lawyers?, Matthew Longobardi

Disparate Treatment of Disparate Treatment: Harmonizing Title VII Pretext and Mixed-Motive Jury Instruction Causation Standards in Light of Staub v. Memorial Hospital, Eric Rosoff

The Social Model's Case for Inclusion: "Motivating Factor" and "But For" Standards of Proof Under the Americans with Disabilities Act and the Impact of the Social Model of Disability on Employees with Disabilities, Lisa Schlesinger

Reasonable Accommodation of Mixed Motives Claims Under the ADA: Consistent, Congruent, and Necessary, Bryan Joggerst

Limiting Unfettered Challenges to Patent Validity: Upholding No-Challenge Clauses in Pre-Litigation Patent Settlements Between Preexisting Parties to a License, Nicholas Roper

Protecting the Family Home by Reunderstanding United States v. Bajakajian, Yan Slavinskiy

An Uncertain Privilege: Reexamining Garner v. Wolfinbarger and Its Effect on Attorney-Client Privilege, Benjamin Cooper

Everybody Wins! Elimination of the Absolute Priority Rule for Individuals Under BAPCPA: A Middle Ground, Liliya Gritsenko

Bridging the Cellular Divide: A Search for Consensus Regarding Law Enforcement Access to Historical Cell Data, Zachary Ross