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 2009
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
Submissions from 2006
The Next Step in Interpreting Criminal Forfeiture, Avital Blanchard
The Limits of Bankruptcy Code Preemption: Debt Discharge and Voidable Preference Reconsidered in Light of Sherwood Partners, Alan J. Feld
Barbarians at the Ballot Box: The Use of Hedging to Acquire Low Cost Corporate Influence and Its Effect on Shareholder Apathy, Jonathan J. Katz
Is a Giant Inflatable Rat an Unlawful Secondary Picket Under Section 8(b)(4)(ii)(B) of the National Labor Relations Act?, Tzvi Mackson-Landsberg
Exactions: Exploring Exactly When Nollan and Dolan Should Be Triggered, Jane C. Needleman
An Unwarranted Disparity: Granting Fast-Track Departures in Non-Fast-Track Districts, Evan W. Bolla
Two Constitutional Wrongs Do Not Make a Right: Double Jeopardy and Prosecutorial Misconduct Under the Brady Doctrine, Adam M. Harris
A New Test for Obviousness in Combination Patents: Economic Synergy, Tamir Packin
Refining the Production Burden for "Regarded as Disabled" Claimants, Jennifer Schechter Sharret
Interpreting the Wiretap Act: Applying Ordinary Rules of "Transit" to the Internet Context, Samantha L. Martin
Preemption or Bust: Fear and Loathing in the Battle over Broadband, D. Stan O'Loughlin
Debtor-Filed Acknowledgments of Creditors' Claims: An Alternative Approach to Proof of Claim in Chapter 13, Arpan K. Punyani
The Beginning of the End to a Tax-Free Internet: Developing an E-Commerce Clause, Pamela Swidler
WARN's Place in the FLSA / Employment Discrimination Dichotomy: Why a Warning Cannot Be Waived, Evan Hudson-Plush
Addressing Questionable Business Method Patents Prior to Issuance: A Two-Part Proposal, Andrew Kopelman
An Alternative to the Contingent Fee? An Assessment of the Incentive Effects of the English Conditional Fee Arrangement, Peter Melamed
Maybe Jerry Maguire Should Have Stuck with Law School: How the Sports Agent Responsibility and Trust Act Implements Lawyer-Like Rules for Sports Agents, Melissa Steedle Bogad
Say "Ahhh!": A New Approach for Determining the Cram Down Interest Rate After Till v. SCS Credit, Michael Elson
After the Dismissal of an Involuntary Bankruptcy Petition: Attorney's Fees Awards to Alleged Debtors, Isabella C. Lacayo
Mediating Cases Involving Domestic Violence: Solution or Setback?, Aimee Davis
Moving from Mandatory: Making ADR Voluntary in New York Commercial Division Cases, Ari Davis
Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection and its Interplay with Arbitration, Adam Fisher
The Road Less Traveled: Using ADR to Help Reform FirstTime Juvenile Offenders, Maggie Gertz
Legal Dentistry: How Attorney's Fees and Certain Procedural Mechanisms Can Give Rule 68 the Necessary Teeth to Effectuate Its Purposes, Daniel Glimcher
Obstruction of Justice: The Arbitration Process For Anti-Doping Violations during the Olympic Games, Andrew Goldstone
Assignability of Covenants Not to Compete: When Can a Successor Firm Enforce a Noncompete Agreement?, Adam Schneid
Begging Underground? The Constitutionality of Regulations Banning Panhandling in the New York City Subway System, Jordana Schreiber
Collaboration in the Exploration of Outer Space: Using ADR to Resolve Conflicts in Space, Ka Fei Wong
Mandatory Mediation: The Extra Dose Needed to Cure the Medical Malpractice Crisis, Florence Yee
Submissions from 2005
Policy Formulation at the NLRB: A Viable Alternative to Notice and Comment Rulemaking, Claire Tuck
Eliminating the Below-Cost Pricing Requirement from Predatory Pricing Claims, Ari Lehman
Is Blakely v. Washington Retroactive?, Haifeng Peng
Something Old, Something New, Something Borrowed, Something Blue: A New Tradition in Nontraditional Trademark Registrations, Melissa E. Roth
Effective Compliance Programs and Corporate Criminal Prosecutions, Philip A. Wellner
Mortgage Foreclosure for Secondary Breaches: A Practitioner's Guide to Defining "Security Impairment", Michael Giusto
Protecting the Rights of Foster Children: Suing Under § 1983 to Enforce Federal Child Welfare Law, Sara J. Klein
Honeywell: The Straw That May Just Break the Inventor's Back, Wing H. Liang
Traveling "to the Farthest Reaches of the ADA," or Taking Aim at Employment Discrimination on the Basis of Perceived Disability?, Michael D. Reisman
Rendered Impracticable: Behavioral Economics and the Impracticability Doctrine, Aaron J. Wright
Divorce, Death, and Posthumous QDROs: When Is It Too Late for a Divorcee to Claim Pension Benefits Under ERISA?, Aaron Klein
A Case for Mediating Trademark Disputes in the Age of Expanding Brands, David Allen Bernstein
The New Iraq: Resolving Public and Private Obligations Incurred Under Saddam Hussein's Rule in the Context of International Arbitration, Darius Adam Marzec
The Unguided Use of Internal ADR Programs to Resolve Sexual Harassment Controversies in the Workplace, Jessica Oser
Mindfulness Meditation, the Cultivation of Awareness, Mediator Neutrality, and the Possibility of Justice, Evan M. Rock
But I Was Just a Kid!: Does Using Juvenile Adjudications to Enhance Adult Sentences Run Afoul of Apprendi v. New Jersey?, Douglas M. Schneider
Military Spying in the United States: When it is Not Your Neighbor Knocking at Your Door, Where Do You Turn?, Miriam Schneider
Submissions from 2004
The Filing of a Bankruptcy Petition in Violation of 11 U.S.C. § 109(g): Does It Invoke the Automatic Stay?, Robert Lefkowitz
Breaking the Shield of the Learned Intermediary Doctrine: Placing the Blame Where It Belongs, Sheryl Calabro
Quid Pro Whoa!: An Exponential Fee Structure for Patent Applications, Peter L. Giunta
