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 2004
School Vouchers, State Constitutions, and Free Speech, Peter H. Hanna
Escaping the Indirect Profits Loophole: Finding the Elusive Causal Link in the Case of Knowing Copyright Infringement, Avi Israeli
Understanding Tradition, Meir Katz
Unchecked and Imbalanced? A Critical Reading of the U.S. Constitution, Madeleine Severin
Unequalled Among Firsts, Peter L. Giunta
Plainly Not "Error": Adjudicative Retroactivity on Direct Review, Meir Katz
The Murky Depths of the Entry Fiction Doctrine: The Plight of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Pleas for DNA Testing: Why Lawmakers Should Amend State Post-Conviction DNA Testing Statutes to Apply to Prisoners Who Pled Guilty, Daina Borteck
Is There a Winning Argument Against Excessive Rates for Collect Calls from Prisoners?, Madeleine Severin
The Faux Fix: Why a Repeal of Major League Baseball's Antitrust Exemption Would Not Solve Its Severe Competitive Balance Problems, Andrew E. Borteck
Reading the Fossil Record: A New Look at Old Law, Elliot Gardner
A Thin Line Between Concurrence and Dissent: Rehabilitating Sex Offenders in the Wake of McKune v. Lile, Seth A. Grossman
State Law Tort Claims and the FDA: Proposing a Consumer-Oriented Prescription in Medical Device Cases, Sasha B. Rieders
"In the Light of Reason and Experience": The Scope of Evidentiary Privilege in the Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun
Maybe Not the Best Solution, But a Solution: The German Foundation Agreement, Jolie Bell
ADR of Patent Disputes: A Customized Prescription, Not an Over-the-Counter Remedy, Marion M. Lim
UNCITRAL, Its Workings in International Arbitration and a New Model Conciliation Law, William K. Slate II, Seth H. Lieberman, Joseph R. Weiner, and Marko Micanovic
Submissions from 2003
Retaining the Debtor's Attorney: Preemption of Voidable Preference Law by Section 329(b), Ilana Kameros Chalfin
Criminal Statutes of Limitations: An Obstacle to the Prosecution and Punishment of Child Sexual Abuse, Jodi Leibowitz
Scaling Back Constitutional Aspirations, Paula L. Miller
State Doctrines of Substantial Compliance: A Call for ERISA Preemption and Uniform Federal Common Law Doctrine, Meridith H. Bogart
The Need for Stricter Scrutiny: Application of the Revlon Standard to the Use of Standstill Agreements, Brian K. Kidd
Giving up on Voluntary Surrender: The Rights of a Sublessee When the Tenant and Landlord Cancel the Main Lease, Stephen T. Kaiser
Punishing the Faithful: Freud, Religion, and the Law, Davida A. Williams
On the Road: The Supreme Court and the History of Circuit Riding, Joshua Glick
Special Juries: Deterring Spurious Medical Malpractice Litigation in State Courts, Alan Feigenbaum
Shattered Dreams: Hazing in College Athletics, Joshua A. Sussberg
Contracts of Convenience: Preventing Employers from Unilaterally Modifying Promises Made in Employee Handbooks, Brian T. Kohn
"Buyer's Regret" No Longer: Drafting Effective MAC Clauses in a Post-IBP Environment, Sherri L. Toub
Submissions from 2002
The Brown Shoe of European Union Competition Law, Eric S. Hochstadt
Consolidated Groups Must Use a Separate Entity Approach When Reducing Tax Attributes in Bankruptcy, Natalie C. Khavulya-Maksin
The Cure and Reinstatement of Mortgages by Third Party Assignees, Arthur J. Margulies
Do Debtors Owe Rent to Their Bankruptcy Trustee for Remaining in the Home After Filing and Prior to Foreclosure, Notwithstanding a Homestead Exemption?, Vladimir Elgort
The Blooding of America: Privacy and the DNA Dragnet, Jeffrey S. Grand
Uncertain Risk: The United States Military and the International Criminal Court, Christopher M. Van de Kieft
Curing Healthcare Providers' Failure to Administer Opioids in the Treatment of Severe Pain, Rima J. Oken
Losing Sight of the Utilitarian Forest for the Retributivist Trees: An Analysis of the Role of Public Opinion in a Utilitarian Model of Punishment, Andrew R. Strauss
Mouse-to-Mouse Resuscitation: Cybermedicine and the Need for Federal Regulation, Shira D. Weiner
Employee Patents on Computer-Implemented Inventions: The Conundrum of Separate Ownership of Patent and Copyright, David Loretto
Submissions from 2001
Application of the Rational Basis Test to Treaty-Implementing Legislation: The Need for a More Stringent Standard of Review, Virginia H. Johnson
"Counselor, Proceed with Caution": The Use of Integrated Evidence Presentation Systems and Computer-Generated Evidence in the Courtroom, Elan E. Weinreb
True Threats: Evolving Mens Rea Requirements for Violations of 18 U.S.C. § 875(c), Justin Myer Lichterman
Ziggy Stardust Reborn: A Proposed Modification of the Bowie Bond, Adam Grant
Inadvertent Disclosure and the Attorney-Client Privilege: Looking to the Work-Product Doctrine for Guidance, Ken M. Zeidner
Function, Nonfunction, and Monumental Works of Architecture: An Interpretive Lens in Copyright Law, Melissa M. Mathis
The Homosexual-Advance Defense and Hate Crimes Statutes: Their Interaction and Conflict, Scott D. McCoy
Requiring Accountability Among Those Who Sell Firearms: Ignorance of the Law Should Not Be an Excuse, Uri Matthew Myerson
Submissions from 2000
Must-Carry Rules in the Transition to Digital Television: A Delicate Constitutional Balance, Albert N. Lung
Redefining the Refugee: The Universal Declaration of Human Rights as a Basis for Refugee Protection, Michael J. Parrish
Down on the Corner: An Analysis of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Come and Knock on Our Door: The Fair Debt Collection Practices Act's Intrusion into New York's Summary Proceedings Law, Kara B. Schissler
Thirty-Day Restrictions on Attorney Direct-Mail Solicitation: The United States Supreme Court Went for It, Steven M. Field
Determining Ownership of Foreign Copyright: A Three-Tier Proposal, Binyomin Kaplan
Ganging Up on Police Brutality: Municipal Liability for the Unconstitutional Actions of Multiple Police Officers Under 42 U.S.C. § 1983, Adam S. Lurie
ERISA Qualified Pension Plans as Part of the Bankruptcy Estate After Patterson v. Shumate, Lisa M. Smith
To Thine Own Claim Be True: The Federal Circuit Disaster in Exxon Chemical Patents, Inc. v. Lubrizol Corp., Jason M. Okun
Electronic Media Discovery: The Economic Benefit of Pay-Per-View, Marnie H. Pulver
Bringing Down the Bar: Accountants Challenge Meaning of Unauthorized Practice, Susan B. Schwab
Submissions from 1999
The Heist of Feist: Protection for Collections of Information and the Possible Federalization of "Hot News", Jason R. Boyarski
Wage Garnishments in Bankruptcy: Riddervold Revisited, Matthew Frankle
Assets in Wonderland: The IRS's Inconsistent Policy on Software Costs, Vsevolod L. Maksin
Reclaiming Our Public Schools: A Proposal for School-Wide Drug Testing, Joanna Raby
Time Is Running Out for Customized Software: Resolving the Goods Versus Service Controversy for Year 2000 Contractual Disputes, Jennifer B. Cannata
Honey, I Shrink-Wrapped the Consumer: The Shrink-Wrap Agreement as an Adhesion Contract, Batya Goodman
Environmental Justice: From Partial Victories to Complete Solutions, Valerie P. Mahoney
Laymen Cannot Lawyer, but Is Mediation the Practice of Law?, Joshua R. Schwartz
The Second Circuit's Attack on Jury Nullification in United States v. Thomas: In Disregard of the Law and the Evidence, Ran Zev Schijanovich
A Progression Toward Freedom: Protecting the Disabled Under the Ku Klux Klan Act, Gabriella A. Davi
Rule 45(b): Ambiguity in Federal Subpoena Service, Orlee Goldfeld
Defusing New York's 120-Day Time Bomb: The Meaning of New C.P.L.R. 306-b, Brian A. Waldbaum
Submissions from 1998
Resolving the Paradox Between Legal Theory and Legal Fact: The Judicial Rejection of the Theory of Efficient Breach, Craig S. Warkol
Fictional Persona Test: Copyright Preemption in Human Audiovisual Characters, Peter K. Yu
Bankruptcy Appeals and Equitable Mootness, Ross E. Elgart
The Pennsylvania Rule: Murky Waters Revisited, Michael Ben-Jacob
Attributing Too Much: The Fifth Circuit Perverts the Scope of Diversity Jurisdiction, Richard A. Simon
Alcoholics Anonymous: Anonymous Theists? Griffin v. Coughlin and the "Wall of Separation Between Church and State" in the New York State Prison System, James E. McBride
Submissions from 1997
From Containment to Cooperation: Collective Action and the Wassenaar Arrangement, Kenneth A. Dursht
Professionals in the Health Care Industry: A Reconsideration of NLRA Coverage of Housestaff, Hilary Jewett
Inequities of the Drug War: Legislative Discrimination on the Cocaine Battlefield, Andrew N. Sacher
The Second Circuit "Estopped": There Is No Promissory Estoppel in New York, Arthur B. Schwartz
Relation Back of "John Doe" Complaints in Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
When Is a Mortgage Guarantee Not Worth the Price of a Notary? - The Incongruent Judicial Application of New York’s Deficiency Judgment Statute, Benjamin Gruberg
The Inner-Morality of Juvenile Justice: The Case for Consistency and Legality, Adam D. Kamenstein
Patenting Medical Procedures: A Search for a Compromise Between Ethics and Economics, Beata Gocyk-Farber
Ensuring Meaningful Jailhouse Legal Assistance: The Need for a Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel
Submissions from 1996
Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt
Judicial Plagiarism: It May be Fair Use But Is It Ethical?, Jaime S. Dursht
Is It Inside or Out? - A Proposal to Clarify the Misappropriation Theory of Unlawful Trading, Lawrence A. Rosenbloom
The Fate of “Megan’s Law” in New York, Alison Virag Greissman
The Flimsy Yardstick: How Many Employees Does It Take To Defeat a Title VII Discrimination Claim?, Jacqueline Louise Williams
Compensating Caregiving Relatives: Abandoning the Family Member Rule in Contracts, Jonathan S. Henes
No Leg to Stand On: The General Retainer Exception to the Ban on Nonrefundable Retainers Must Fall, Pamela S. Kunen
Circuit Court Erie Errors and the District Court's Dilemma: From Roto-Lith and the Mirror Image Rule to Octagon Gas and Asset Securitization, Nikiforos Mathews
Submissions from 1995
The Mortgage Contingency Clause: A Trap for the Residential Real Estate Purchaser Using a Mortgage Broker, Craig Steven Delsack
“A One Way Ticket to Palookaville”: Supreme Court Takings Jurisprudence After Dolan and Its Implication for New York City’s Waterfront Zoning Resolution, Jill Illan Berger Inbar
The Visual Artists Rights Act of 1990: American Artists Burned Again, Robert J. Sherman
A New Use for an Old License: Who Owns the Right?, Barbara D. Griff
