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 2015
Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens as They “Lower” the Burden, Jason Goldman
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
Where Do We Fight?: A Way to Resolve the Conflict Between a Forum Selection Clause and FINRA Arbitration Rule 12200, Suleman Malik
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
The Bomb Keeps the Lights On: The Use of Final-Offer Arbitration in Failed Retransmission Consent Negotiations, Daniel J. Weiss
Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga
Submissions from 2014
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
Reasonable Accommodation of Mixed Motives Claims Under the ADA: Consistent, Congruent, and Necessary, Bryan Joggerst
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
Symposium Issue Introduction and Dedication, Shawna Benston
We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes, Kori Clanton
The War on Drugs is Over (If You Want It): State Drug Courts as an Alternative to Criminal Courts for Low-Level Nonviolent Drug Offenders, Blake Courlang
A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein
Chapter 9 Bankruptcy in California: The Efficacy of Mandating Alternative Dispute Resolution in Municipal Bankruptcy Filings, Michael Galen
Prisoner Facilitated Mediation: Bringing Peace to Prisons and Communities, Laurel Kaufer, Douglas E. Noll, and Jessica Mayer
(I Can't Get No) Satisfaction: Using Restorative Justice to Satisfy Victims' Rights, Jessica M. Marshall
FRCP 26 vs. FRE 408: Why Settlement Negotiations Should Be Privileged Against Third-Party Discovery, Andrew Sher
Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution, Paula Shulman
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria, Kyle Winnick
Submissions from 2013
Beyond Bing: The Arthur Rule Lives on as the Touchstone for the New York State Right to Counsel, Adrienne Levy
Art or Signage?: The Regulation of Outdoor Murals and the First Amendment, Christina Chloe Orlando
Curbing Overzealous Prosecution of the Espionage Act: Thomas Andrews Drake and the Case for Judicial Intervention at Sentencing, Pamela Takefman
Rethinking ReDigi: How a Characteristics-Based Test Advances the "Digital First Sale" Doctrine Debate, Gregory Capobianco
But It Wasn't My Fault! The Scope of the Zoning Estoppel Doctrine, Simon J. Elkharrat
Protecting Juveniles' Right to Remain Silent: Dangers of the Thompkins Rule and Recommendations for Reform, Lauren Gottesman
Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to Make Impartiality a Reality, Rachel Pecker
"That's the Guy!": Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification, Gilbert M. Rein
"Every Move That She Makes": Copyright Protection for Stage Directions and the Fictional Character Standard, Deana S. Stein
Why Can't We Be Friends?: How Far Can the State Go in Restricting Social Networking Communications Between Secondary School Teachers and Their Students?, Elise Rosen Puzio
Grossly Overbroad: The Unnecessary Conflict over Mixed Motives Claims in Title VII Anti-Retaliation Cases Resulting from Gross v. FBL Financial Services, Robert Tananbaum
What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases of Wrongful Life, Shawna Benston
From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off, Jared Bloch
The "State Of Necessity" Defense: A Burden, Not a Blessing to the International Investment Arbitration System, Kelley Chubb
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody
Finding Reality in the Right of Publicity, Lindsay Korotkin
Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin
The Second Circuit’s En Banc Crisis, Mario Lucero
The Savior of Aggregate Litigation: The Giving Green Tree, Matthew Maggiacomo
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
