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 2006
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
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
