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 2011
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
Assessing the Scope of Williamson County: Why It Should Be Applied to Private Purpose Claims, Jonathan Rohr
Yada, Yada, Yada: Seinfeld, the Law and Mediation, Paul Devendorf
Racing For the Arctic? Better Bring a Flag, Jordan Hellman
The Funny Thing About Mediation: A Rationale for the Use of Humor in Mediation, Whitney Meers
Licensing Technology to the BRICS: The Case for ADR, Aaron Pereira
Alternative Dispute Resolution in Small Consensual Litigation: Too Much of a Good Thing?, Mark S. Simms
Eye of the Tiger: China Will Rise Up to the Challenge of its Rivals, Benjamin S. Thompson
Coping with Combat Claims: An Analysis of the Foreign Claims Act's Combat Exclusion, Jordan Walerstein
Judges Gone Wild: Why Breaking the Mediation Confidentiality Privilege for Acting in "Bad Faith" Should be Reevaluated in Court-Ordered Mandatory Mediation, Samara Zimmerman
Submissions from 2008
Rights Without Remedy: The Myth of State Court Accessibility After the Prison Litigation Reform Act, Alison Brill
From the Runway to the Courtroom: How Substantial Similarity Is Unfit for Fashion, Victoria Elman
Knowledge or Purpose? The Khulumani Litigation and the Standard for Aiding and Abetting Liability Under the Alien Tort Claims Act, Shriram Bhashyam
Finding Fault: Implications of Importing the Title VII Standard for Vicarious Punitive Liability to the Fair Housing Act, Jessica Reingold Katz
The Simpsons, 24, and the Law: How Homer Simpson and Jack Bauer Influence Congressional Lawmaking and Judicial Reasoning, Steven Keslowitz
Intestate Inheritance Claims: Determining a Child's Right to Inherit When Biological and Presumptive Paternity Overlap, Megan Pendleton
Aging Out of Foster Care: Enforcing the Independent Living Program Through Contract Liability, Jennifer Sapp
A Proposal to Replace the Subconscious Copying Doctrine, Carissa L. Alden
Stray Remarks and Mixed-Motive Cases After Desert Palace v. Costa: A Proximity Test for Determining Minimal Causation, Ezra S. Greenberg
Redefining the Question: Applying a Hierarchical Structure to the Mens Rea Requirement for Section 875(c), Karen Rosenfield
Divorce Mediation - Limiting the Profession to Family/ Matrimonial Lawyers, Jaime Abraham
ADR in the Music Industry: Tailoring Dispute Resolution to the Different Stages of the Artist-Label Relationship, Kaleena Scamman
Employer Liability Under Title VII: Creating an Employer Affirmative Defense for Retaliation Claims, Steven Seidenfeld
Baby Steps to "Grown-Up" Divorce: The Introduction of the Collaborative Family Law Center and the Continued Need for True No-Fault Divorce in New York, Gabriella L. Zborovsky
Submissions from 2007
It's Just Not Cricket: Is the Principle of Reciprocity Being Honored in the U.S.-U.K. Extradition Treaty?, Richard Goldberger
Securities Class Action Abuse: Protecting Small Plaintiffs' Big Money, Russell Kamerman
Silenced: The Search for a Legally Accountable Censor and Why Sanitization of the Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Recording Satellite Radio - Adapting to Modern Technology or Infringing Copyright?, Jason A. Auerbach
A Helping Hand: Addressing New Implications of the Espionage Act on Freedom of the Press, Laura Barandes
Recalibrating Depravity in a Feingold Regime: Why New York Courts Should Maintain Register's Approach to Depraved Indifference in Cases of Murder by Abuse, Carrie L. Maylor
Straddling the Line of Medical Malpractice: Why There Should Be a Private Cause of Action Against Physicians via EMTALA, Lawrence Bluestone
Means to Legitimate Ends: Same-Sex Marriage Through the Lens of Illegitimacy-Based Discrimination, Benjamin G. Ledsham
Negotiated Shame: An Inquiry into the Efficacy of Settlement in Imposing Publicity Sanctions on Corporations, Joshua Andrix
Difficult, Duplicative and Wasteful?: The NASD's Prohibition of Class Action Arbitration in the Post-Bazzle Era, Matthew Eisler
Tool of the Trademark: Brand Criticism and Free Speech Problems with the Trademark Dilution Revision Act of 2006, Jesse A. Hofrichter
Of All the Things I've Lost, I Miss My Marbles the Most! An Alternative Approach to the Epic Problem of the Elgin Marbles, Melineh S. Ounanian
The Internal Revenue Service and Alternative Dispute Resolution: Moving from Infancy to Legitimacy, David Parsly
News Media as Mediators, Carol Pauli
Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry, Abigail Penzell
Strike Three - You're Out! Revamping the New York State Taylor Law in Response to Three Transport Workers' Strikes, Erin Audra Russ
Healing a Fractured Community: The Use of Community Sentencing Circles in Response to Hate Crimes, Brian Sapir
