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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 2020 2020

Where's the Beef: The Use of Mediation to Resolve Disputes Between Rappers, Craig Epstein

Legal Graffiti and Copyright: How the Law Falls Short in Protecting This Important Artform, Kayla Epstein

Lights, Camera, State Action: Manhattan Community Access Corp. v. Halleck, Graham L. Fisher

Scrolling, Trolling, and Uploading: YouTube's Impact on Modern Public Discourse, Internet Regulation, and Free Speech, Brett Gossett

How Mediation Between Schools and Students Will Help Students Combat Student Debt, Joshua A. Graber

Why Can't We All Just Cher?: Drag Celebrity Impersonators Versus an Ever-Expanding Right of Publicity, Emily Hoenig

A Presumption in Favor of Openness: Unsealing Adoption Records, Emily Ingall

The Ongoing Speculation About Smart Contracts: Smart Enough to Replace Third Party Arbitrators, or Is "Smart" Just A Misnomer?, Rakhil Kalantarova

A Different Approach to the National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate the Creation of Meaningful Legislative Policy, Arielle Kraus

Wolves in Sheep’s Clothing: How Religious Exemption Laws for Discriminatory Private Agencies Violate the Constitution and Harm LGBTQ+ Families, Kharis Lund

Easy as ABC: Why the ABC Test Should Be Adopted as the Sole Test of Employee–Independent Contractor Status, Eric Markovits

Overrepresented Yet Overlooked: LGBTQ Survivors of Trafficking and the Imperative for the Nordic Approach to Sex Trafficking Laws in the United States, Claire Mooney

Where Victims of Data Breach Stand: Why the Breach of Personally Identifying Information Should be Federally Codified as Sufficient Standing for Data Breach Causes of Action, Gabriela Nastasi

These Violent Delights Have Violent Ends: When Livestreaming Turns Deadly, Who Takes Responsibility?, Joseph Palumbo

The New York Prosecutorial Conduct Commission and the Dawn of a New Era of Reform for Prosecutors, Clyde Rastetter

One Consumer’s Trash is Another’s Treasure: Upcycling’s Place in Trademark Law, Jolie Brett Schenerman

“Breaking Up Is Hard to Do”: Conceptualizing the Artist-Manager Relationship as a Marriage for Purposes of Alternative Dispute Resolution, Gillian Sloane

New York’s Attempts to Regulate Airbnb (And Other Home-Sharing Platforms) Have Hit a Roadblock and, In the Process, Have Inadvertently Hurt Landlords: How Alternate Dispute Resolution Can Come to The Rescue, Charlene Soleimani

Arbitrating With the Mafia: Why Civil Rico Statutes Are Improperly Used and How Class Action Arbitration May Provide Just Compensation for Forgotten Victims, Max Steinberg

Siri, Define "Article of Manufacture": Redesigning the Definition of "Article of Manufacture" in Section 289 of the Patent Act, Samantha M. Wald

Don't Fight Like Cats and Dogs: Using Mediation for Workplace Accommodation Requests for Service Animals, John F. Walpole

Child Vehicular Heatstroke Deaths: How the Criminal Legal System Punishes Grieving Parents Over a Neurobiological Response, Amanda Washabaugh

Submissions from 2019 2019

Networking Away the American Dream: How Reinterpreting Title VII Can Reduce Employer Reliance on Exclusive Networks in Hiring and Broaden Access to Professional Opportunity, Austin Howard

Killer's Code: Familial DNA Searches through Third-Party Databases under Carpenter, Jesse Kitnick

Katz in the Cradle: The Second Justice Harlan and Reasonable Expectations of Privacy in Electronic Transactional Information, Zachary Silver

The Right To Stay: The Suspension Clause, Constitutional Avoidance, and Federal District Court Jurisdiction to Grant Stays of Removal Despite 8 U.S.C. Sec. 1252(g), Yael Ben Tov

Making the Leap from Bullying to Equality: An Analysis of Transgender Student Rights, Nathan Ades

The “National Security” of Nations: President Trump’s Pretextual Tariff Rationale and How to Overcome It, Jacob Ely

When Deprivation of Access to Literacy Infringes on Indigent Parents' Right to Direct the Education of Their Children, Dana Leone Kennedy

The "Natural" Response to Adjudicating Current Litigation When the Creation of a Related Agency Rule Is Simultaneously Underway, Lauren Kostman

Dying While Trans: A Critical Analysis of Respect After Death Laws, Kara Nowakowski

The EU-U.S. Privacy Shield: An Uncertain Future, Catherine Read

Karma and the United States Government: How Mass Incarceration Policies Created an Ailing and Costly Aging Population in the Prison System and How Can Civil Legal Services Assist the Elderly After Release, Korina Rud

The Right to Appointed Counsel: The Case for Unaccompanied Immigrant Children, Amanda Kavita Sewanan

Lawful Neutral: The Justice System and Dungeons and Dragons, Laura Lea Williams

Child Marriage in America: An Interim Solution Pending a Total Ban, Raquel Wildes Genet

The SEC's Part 205.3(d)(2) and Wadler v. Bio-Rad Labs. Should Be Revisited: The SEC Exceeded Authority in Creating a Reporting Out Provision for In-House Attorneys, Briana Sheridan

The Courtroom Turned Classroom: A Model Procedure for Educating the Gatekeepers of Expert Evidence in Complex Toxic Tort Cases, Izabelle Tully

Private School Placement for the Twice Exceptional Child Under the Individuals with Disabilities Education Act, Matthew Alessandri

Sexual Ageplay in Virtual Reality: Practicing Free Speech or Producing Child Pornography?, Lillian Esposito

The Responsibility to Protect as Applied to Asylum Seekers in the United States, Luke Doyle Galland

Social Media Platforms: Preserving Evidence of International Crimes, Samantha Greenfield

The War on Affordable Housing?: How Anti-Drug Policies Put Families in Federally Subsidized Housing at Risk of Eviction, and Methods for Mitigating These Collateral Consequences, Katherine Kuhl

Pass the Revenue: How Section 280E Is Harming the Medical Marijuana Industry, Liam McKillop

Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use of This Powerful Investigative Tool, Alexandra Nieto

Re-Examining Custody and Incarceration Requirements in Postconviction DNA Testing Statutes, Ian J. Postman

Straight Actors in LGBT Roles: Creative Casting or Employment Discrimination?, Erica Ruff

When Sharing is Not Caring: Creating an Effective Criminal Framework Free from Specific Intent Provisions to Better Achieve Justice for Victims of Revenge Pornography, Ava Schein

War Torts, Autonomous Weapon Systems, and Liability: Why a Limited Strict Liability Tort Regime Should Be Implemented, Elizabeth Fuzaylova

How Playlists Broke the Internet: An Analysis of Copyright in Playlist Ownership, Tori Misrok

Too Big for Personal Jurisdiction? A Proposal to Hold Companies Accountable for In-State Conduct in Accordance with Due Process Principles, Polina Pristupa

Mediation as an Alternative to Litigation for Child Custody Disputes for Incarcerated Parents, Maria Abbruzzese

The Universal Periodic Review as a Form of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Booming Business and the Resulting Trade Secrets: How the Increase in United States and European Union Trade Led to Resulting Trade Secrets Directives and the Domination of the Intellectual Property Field, Jordana Balsam

Exploration of the NFL Franchise Tag Functioning as a Non-Compete Clause, David B. Borsack

Kids Say the Darndest Things: Minors and the Internet, Emily DiRoma

A Case for United States Overhaul of Its Current Biotechnology Regulation Scheme Through the Implementation of Biotechnology-Specific Legislation to Clarify Existing Uncertainties Seen in the Collective Framework, Jordan Emmert

A Cashless Economy: How to Protect the Low-Income, Samuel Erlanger

Cultural Appropriation of Traditional Garment Designs in the Post-Star Athletica Era, Sahara F. Farzaneh

Kill or Be Killed: Why New York's Justification Defense Is Not Enough for the Reasonable Battered Woman, and How To Fix It, Abigail Finkelman

Cyberbullying: Are You Protected? An Analysis and Guide to Effective and Constitutional Cyberbullying Protections, Mendel Forta

Beeware of the Consequences: The Importance of Urban Apiaries and Environmental ADR, Chelsea Gallay

Editor's Note & Acknowledgments, Nicholas Gliagias

Abolishing the Private Prison Industry's Evolving Influence on Immigrant Oppression, Antonio Iglesias

Using Restorative Dialogue as an Assimilation Technique for Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

The Role of Transformative Mediation in Family Business Disputes, Jacob Lebovics

Remodifying Colombian Peace Process: A Critical Perspective and a Demand for Justice, Armando Martinez

Novel Adaptation to Stage and Screen: Rethinking the Contractual and Creative Process, Jennifer Rainville McCabe

A Comparative Overview on eSports Against Traditional Sports Focused in the Legal Realm of Monetary Exploitation, Cheating, and Gambling, Sok Min Yun

Is President Trump Violating the First Amendment When Blocking Citizens on Twitter?: Exploring Multi-Party Negotiation as a Way to Protect Citizens' Rights in the Wake of the New Digital Age, Ashley B. Mongiello

Thicke, Don't Kill My Vibe: The Copyrightability of a "Groove" and Related Implications for Contemporary Rap Music, Tyler W. Morris

The Illicit Antiquities Trade as a Funding Source for Terrorism: Is Blockchain the Solution?, Taylor Moskowitz

Emergency Removals: Does the Statutory Language of N.Y. Fain. Ct. Act § 1024 Safeguard Vulnerable Families From Foster Care Panic?, Sydney Myones

Bad Actors and the Communications Decency Act of 1996: Lessons Learned from Our Nation's Battle with Online Human Trafficking, Peter Polack

Solving the Problem-Solver Problem: How a Revamp of Arbitral Ethics Will Encourage Plaintiffs and Benefit Defendants, Lindsey Rubinstein

How Far Does the Rabbit Hole Go: The Interaction Between Set-Off Rights and the Voidable Preference Hypothetical in Chapter 7 Liquidation, Josh Rutstein

A Solution to The Silencing and Denial: How ADR Can Harmonize Catholic Law with the International Communities Demand to End the Sexual Victimization of Children in the Catholic Church, Danielle Shayne Shapero

Arbitration as the Ideal Method of Labor Law Dispute Resolution: A Case Study Using 14 Penn Plaza LLC, et al. v. Steven Pyett, et al., Douglas Shribman

Redefining "Life": The Constitutional Implications of Patenting Immortality, Julia Spivak

Is It Reasonable to Block Unreasonable Advertisements? An Examination of the Legality of Ad-Blockers, Andrew Steele

When the Rich Regret: The Case of Non-payment in Art Auction Sales, Allison Trupp

"Alexa, Can You Buy Whole Foods?": An Analysis of the Intersection of Antitrust Enforcement and Big Data in the Amazon-Whole Foods Merger, Marc J. Veilleux Jr.

Blockchain Technology: The Blueprint for Rebuilding the Music Industry?, Jaclyn Wishnia

Alternative Infrastructure Finance: Should the United States Adopt Federal Guidelines to P3 Concessions, Dih-Lin Wong

Submissions from 2018 2018

Combating the Actor's Sacrifice: How to Amend Federal Labor Law to Influence the Labor Practices of Theaters and Incentivize Actors to Fight for Their Rights, Shelley Attadgie

Conspiracy: Contemporary Gang Policing and Prosecutions, Keegan Stephan

EB-5 Visa Regulation and Controversy: How an Immigration-Securities Hybrid Visa Has Been Used to Fund Real Estate Ventures, Rachel Behar

The Futility of Futility: An Analysis of the Charlie Gard Case Within the Framework of U.S. Law, Elana Bengualid

Emoji: The Other Tech Monopoly, Edward T. Brawley

Money is Fungible, Causation Shouldn't Be: An In-Depth Analysis of the Proximate Cause Standard Under the Anti-Terrorism Act, Rebecca Glikman

The Modern Public Square: Digital Viewpoint Discrimination in the Age of @RealDonaldTrump, Jonathan Groffinan

Missing the Point(s): "Raise-ing" A Bias Against Extraordinary Talent in the Arts, Ting Ting Lu

The Geopolitical Implications of the United States of America's Withdrawal from the Paris Agreement, Christopher Mahoney

A Fish Out of Water: Why the GAO's Approach to Finding Agency Propaganda Is Inadequate in the Social Media Age, Jennifer Pierce

The Fatal Shortcomings of our Good Samaritan Overdose Statutes and Proposed Model Statute, Nicole Schill

O.K. Computer: The Devolution of Human Creativity and Granting Musical Copyrights to Artificially Intelligent Joint Authors, Jared Vasconcellos Grubow

A Clear and Present Danger: The Need for Regulated Accountability for Online Service Providers to Preserve and Promote Free Speech, Notice, and Due Process, Benjamin H. Winters

Babies Having Babies: Advocating for a Different Standard for Minor Parents in Abuse and Neglect Cases, Emily Barry

Lease Terminations as Fraudulent Transfers: Reconciling Bankruptcy Code Sections 548 and 365(c)(3), Patrick J. Glackin

Facilitating the Intent of Deceased Social Media Users, Yael Mandel