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 2014
Failing to Warn in the Context of Rare Side Effects, Morris Dweck
"Over-Accommodation" in Higher Education: An ADA Sanctioned Injustice Exposed, Elliot Hamlet
The Pitfalls of the Pittman-Robertson Act: Threats to an American Wildlife Act That Ensnare Hunters and Hikers Alike, Greg Huffaker
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
Flying Into Mecca: When Gender Should be a Bona Fide Occupational Qualification for Expatriation Assignments in Female-Hostile Host Countries, Richard F. Brueckner
You Can Get Fired for Flirting: Critique of Sex Discrimination Law in the Workplace Through Nelson v. Knight, Kibum Byun
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
Chaperoning Love Online: Online Dating Liability and the Wavering Application of CDA § 230, Lindsey A. Datte
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
Thinking Outside the Box: Limiting the Collection of Rape Kit Evidence in Acquaintance Rape Trials, Taylor Gamble
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
Women, Water & Privatization: A Human Rights-Based Approach to Global Water Governance, Tara Pistilli
Fear and Failing in Family Court: Special Immigrant Juvenile Status and the State Court Problem, Jessica R. Pulitzer
Harm and the Fluid Nature of Identity in Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman
Equal Opportunity to Parent: The Case for Offering Teenage Moms and Dads Family Leave in Secondary Schools, Jaryn Haskell Saritzky
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 Real World: Child Labor and Reality Television, Ariel Tacher
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
Intellectual Property and the Protection of Indigenous Culture in the United States and New Zealand: An Effective Solution for Indigenous Communities?, Dinisha L. Fernando
Substance vs. Form: Rethinking the Scope of Dodd-Frank's End-User Clearing Exception in Light of Systemic Risk, David Hamid
Leveling the Playing Field: Student Athletes Are Employees of Their University, Justin C. Vine
Moment of Clarity: A Centrist Approach to Mortgage Lending, Yusuf Yusuf
Tylenol and an Ice Pack: An Inadequate Prescription for HIV/AIDS in Immigration Detention Centers, Carl Kenneth Lipscombe
Managing Fractions: The Role of Local Government in Regulating Unconventional Natural Gas Resources - Recommendations for New York, William Yukstas
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
Congressional Policy for Work Product Protection in Congressional Investigations, Jay Brody
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
Role-Modeling: How the Americans with Disabilities Act Blocks BMI-Based Hiring Bans in the United States, Sarah Budow
Crisis Pregnancy Centers: Impeding the Right to Informed Decision Making, Alice X. Chen
The "State Of Necessity" Defense: A Burden, Not a Blessing to the International Investment Arbitration System, Kelley Chubb
The Extension of the Presumption of Legitimacy to Same-Sex Couples in New York, Alexandra Eisman
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody
The Right to Palimony: Why New York Should Change its Law to Enforce Claims Between Unmarried Cohabitants, Ashley Frankel
Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate a Lack of Judicial Review of the American Beth Din System, Raquel J. Greenberg
Front-of-Package Nutrition Claims: Trustworthy Facts or Deceptive Marketing? Closing the Loopholes in Labeling, Kathryn E. Hayes
Waiving Goodbye to Due Process: The Juvenile Waiver System, Rachel Jacobs
The Goldilocks Principle and Informed Consent in Joint-Spouse Representation, Madison Kaplan
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
The Crisis of Over-Medicating Children in Foster Care: Legal Reform Recommendations for New York, Jessica Setless
Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination in Employment, Jason E. Shapiro
Unlikely Partners: Tort Law as a Tool for Trans Activism, Courtney Sirwatka
Defamation and False Rape Claims: Policies, Attitudes, and Suggested Reform in the United States and the United Kingdom, Claire Steinman
Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?, Christopher Tao
Sex-parate But Equal? The Legality of Single-Sex Public Schools and their Discriminatory Effect on Transgender Students, Bryana Turner
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
Uncle Sam, Can You Please Sing Us A "Choruss"?, Brody Ehrlich
Who Watches the Watchmen? Big Brother's Use of Wiretap Statutes to Place Civilians in Timeout, Travis S. Triano
The Lack of Accountability for the New York Police Department's Investigative Stops, Dasha Kabakova
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
