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 2013
Family Court Mediation After the Financial Crisis: A Struggle Worth New York's Attention, Jessica G. Mayer
The Age of (Guilt Or) Innocence: Using ADR to Reform New York's Juvenile Justice System in the Wake of Miller v. Alabama, Morgan Molinoff
Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation, Donna S. Salcedo
Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?, Christopher Tao
Is ADR the Solution? How ADR Gets Around the Get Controversy in Jewish Divorce, Aviva Vogelstein
Symmetry For Symmetry’s Sake: Why Bose Does Not Require Independent Review of a Trial Court’s First-Amendment-Favorable Findings of Fact, Joshua Wurtzel
Submissions from 2012
A Power and a Duty: Prosecutorial Discretion and Obligation in United States Sentencing Guideline § 3E1.1(B), Laura Waters
Terminating Beyond the Limits: CMS Is Overreaching in Its Attempt to Regulate ACOs According to Antitrust Standards, Benjamin M. Zegarelli
Alternative Litigation Finance and the Usury Challenge: A Multi-Factor Approach, Sheri P. Adler
Employing Arbitration: FLSA Collective Actions Post-Concepcion, Iliza Bershad
Who Watches the Watchmen? Big Brother's Use of Wiretap Statutes to Place Civilians in Timeout, Travis S. Triano
Read Between the Lines: Why Recent ILSA Litigation Is Bad for Business and Contravenes Congressional Intent, Joseph Einav
Administrative Justice: Using Agency Declaratory Orders in the Fight to Staunch the Financing of Terrorism, J. David Pollock
Plaintiff Anonymity During Civil Litigation of Childhood Sexual Abuse Cases, Amit Shertzer
Preemptive Ex Parte Seizure Orders and Substantive Relief: A Far Cry from Congressional Intent, Daniel Grobman
Prescribing Disproportionate Punishment: The Federal Sentencing Guidelines for Illegal Reentry, Zoey T. Jones
Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman
To Kill a Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs, Lancelot L. Esteibar
Old Problem, New Medium: Deception in Computer-Facilitated Negotiation and Dispute Resolution, Brian Farkas
A Meteorite and a Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, Sam Markowitz
Using Principles and Policies of Maritime Arbitration to Guide Responsible Parties in Oil Spill Claims Resolution, Lucy Martucci
Abuse, Mediation and the Catholic Church: How Enforcing and Improving Existing Statutes Will Help Victims Recover, Jeffrey Pruzan
Applying Privilege in International Arbitration: The Case for a Uniform Rule, Rachel Reiser
Red with Envy: Why the Fashion Industry Should Embrace ADR as a Viable Solution to Resolving Trademark Disputes, Erica S. Schwartz
A Moot Issue? Rethinking Holocaust Era Restitution of Jewish Confiscated Personal Property in Poland, Lara Weissman
The Use of Mediation as a Complement to the Integrated Domestic Violence Courts of New York, Lauren K. Williams
Submissions from 2011
A Mosaic Shield: Maynard, the Fourth Amendment, and Privacy Rights in the Digital Age, Erin Smith Dennis
Separating the Sheep from the Goats: Celebrity Satire as Fair Use, Nicholas D. Sirabella
Overcharge but Don't Overestimate: Calculating Damages for Antitrust Injuries in Two-Sided Markets, Daniel M. Tracer
Restoring Restitution: The Role of Proximate Causation in Child Pornography Possession Cases Where Restitution Is Sought, Dennis F. DiBari
Lien Priorities: The Defects of Limiting the "Super Priority" for Common Interest Communities, Daniel Goldmintz
Comity of Errors: The Overemphasis of Plaintiff Citizenship in Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
A New Breath of Life for Private Rule 10b-5(b) Litigation After Stoneridge: SEC v. Tambone and Implied Statements by Collateral Actors, David R. Allen
A Uniform Test for the Equitable Subrogation of Mortgages, Sang Jun Yoo
Such Visible Fiction: The Expansion of Scott v. Harris to Prisoner Eighth Amendment Excessive Force Claims, Nina Frank
Pseudo-Interactivity: An Appropriate Rate Scheme for Customizable Internet Radio Services, Ira Hoffman
Rebutting the Equality Principle: Adapting the Co-Tenancy Law Model to Enhance the Remedies Available to Joint Copyright Owners, Benjamin E. Jaffe
Vestiges of Jurisdiction: On the In Rem Nature of Pre-Judgment Attachment in New York, Michael A. McGarry Jr.
The Case Against Allowing Mortgage Electronic Registration Systems, Inc. (MERS) to Initiate Foreclosure Proceedings, Nolan Robinson
Equitable Estoppel to Compel Arbitration in New York: A Doctrine to Prevent Inequity, Matthew Berg
Mismatch.com: Online Dispute Resolution and Divorce, Rebecca Brennan
Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility, Christina Fox
After the ECJ'S West Tankers: The Clash of Civilizations on the Issue of an Anti-Suit Injunction, Grace Gunah Kim
East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA, Elana Levi-Tawil
Japan's Business Revitalization ADR: An Economic Savior or a Convenient Excuse to Avoid Bankruptcy?, Naoko Okamoto
Music to Everyone's Ears: Binding Mediation in Music Rights Disputes, Matthew H. Ormsbee
A Solution to Holdouts in the National Football League: How Salary Arbitration Can Limit a Growing Problem, Roger Quiles
The Demise of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
A Lesson From the Holocaust Restitution Movement for Armenians: Generate Momentum to Secure Restitution, Vartges Saroyan
The Adventures of 'Superman': A Narrative Worth Mediating, Jeffrey Zeman
Submissions from 2010
Political Party Restrictions and the Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner
Deactivating the Mousetrap: Entrapment by Estoppel as a Defense to Federal Felon-in-Possession Charges, Madeline Stavis
No One Ever Died from Copyright Infringement: The Inducement Doctrine's Applicability to Firearms Manufacturer Liability, Shane Wagman
Politics as Usual? The Political Question Doctrine in Holocaust Restitution Litigation, Sarah Willig
The Computerization of Land Records: How Advances in Recording Systems Affect the Rationale Behind Some Existing Chain of Title Doctrine, Emily Bayer-Pacht
Copyrights, Campaigns, and the Collective Administration of Performance Rights: A Call to End Blanket Licensing of Political Events, Lauren M. Bilasz
Statutory Development Rights: Why Implementing Vested Rights Through Statute Serves the Interests of the Developer and Government Alike, Brian K. Steinwascher
Putting the Brakes on Libel Tourism: Examining the Effects Test as a Basis for Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Reasonableness Is Unreasonable: A New Jurisprudence of New York Adverse Possession Law, Jason Greenberg
Transitioning to Free Speech: A Case Study on Legal Transfers in Jordanian Jurisprudence, Sarah Joy Gregory
Foreword: New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Ellen Yaroshefsky
Abandoning the Ten Percent Rule and Reclaiming One Person, One Vote, Stephanie Cirkovich
The Usual Practice: Raising and Deciding Failure to Exhaust Administrative Remedies as an Affirmative Defense Under the Prison Litigation Reform Act, Joshua S. Moskovitz
Section 8, Source of Income Discrimination, and Federal Preemption: Setting the Record Straight, Jenna Bernstein
Gentrification and Mediation: Where a Single Pronunciation and Differing Perceptions Converge, Tiffany Ansley
Keep Arbitration Alive: Why the Fairness in Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer
Child Custody: Don't Worry, a Bet Din Can Get it Right, Jeffrey Haberman
The Bankruptcy Hegemon: Section 524(a) and Its Effect on State and Federal Comity, Benjamin Margulis
Fulfilling the Washington Principles: A Proposal for Arbitration Panels to Resolve Holocaust-Era Art Claims, Jessica Mullery
The High Cost of Mandatory Arbitration, Martha Nimmer
Finding Fault with Defaults: New York Courts' Inconsistent Application of Issue Preclusion to Default Judgments, David Noland
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Online Dispute Resolution with China: Advantageous, But at What Cost?, Jennifer Sackin
The Federal Arbitration Act After Alafabco: A Case Analysis, Benjamin D. Tievsky
Expanding the Brand: The Case for Greater Enforcement of Mandatory Mediation in Trademark Disputes, Max Vilenchik
Transcending Cultural Nationalist and Internationalist Tendencies: The Case for Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff
Submissions from 2009
A Round Peg for a Square Hole: The Mismatch Between Subprime Borrowers and Federal Mortgage Remedies, Arielle L. Katzman
Terms Subject to Change: Assent and Unconscionability in Contracts That Contemplate Amendment, Daniel Watkins
Fair Presentation and Exhaustion: The Search for Identical Standards, Jonah Wexler
To Disclose or Not to Disclose? CSX Corp., Total Return Swaps, and Their Implications for Schedule 13D Filing Purposes, Daniel Bertaccini
The Burden of Establishing Patent Invalidity: Maintaining a Heightened Evidentiary Standard Despite Increasing "Verbal Variances", Etan S. Chatlynne
Suspicionless Laptop Searches Under the Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio
Reconciling the Patent Exhaustion and Conditional Sale Doctrines in Light of Quanta Computer v. LG Electronics, Erin Julia Daida Austin
Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem
The Tail Wagging the Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer
The Spoils System in Check? Public Employees' Right to Political Affiliation & the Balkanized Policymaking Exception to § 1983 Liability for Wrongful Termination, Christopher V. Fenlon
Screening Out Cyberbullies: Remedies for Victims on the Internet Playground, Shira Auerbach
Reinvigorating Nonprofit Directors' Duty of Obedience, Jeremy Benjamin
Protecting the Right to Marital Property: Ensuring a Full Equitable Distribution Award with Fraudulent Conveyance Law, Benjamin M. Ellis
For Promotional Use Only: Is the Resale of a Promotional CD Protected by the First Sale Doctrine?, Keith Harris
