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 2011
Music to Everyone's Ears: Binding Mediation in Music Rights Disputes, Matthew H. Ormsbee
A Solution to Holdouts in the National Football League: How Salary Arbitration Can Limit a Growing Problem, Roger Quiles
Getting What They Are Owed: Restitution Fees for Victims of Child Pornography, Jennifer Rothman
The Demise of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
A Lesson From the Holocaust Restitution Movement for Armenians: Generate Momentum to Secure Restitution, Vartges Saroyan
Protecting the Right to Choose: Regulating Conscience Clauses in the Face of Moral Obligation, Huseina Sulaimanee
The Adventures of 'Superman': A Narrative Worth Mediating, Jeffrey Zeman
Pregnancy Leave and Seniority Systems Under Title VII: A Critique of AT&T v. Hulteen, Polina Zhong
Submissions from 2010
Political Party Restrictions and the Appointments Clause: The Federal Election Commission's Appointments Process Is Constitutional, Joshua Kershner
Deactivating the Mousetrap: Entrapment by Estoppel as a Defense to Federal Felon-in-Possession Charges, Madeline Stavis
No One Ever Died from Copyright Infringement: The Inducement Doctrine's Applicability to Firearms Manufacturer Liability, Shane Wagman
Politics as Usual? The Political Question Doctrine in Holocaust Restitution Litigation, Sarah Willig
The Computerization of Land Records: How Advances in Recording Systems Affect the Rationale Behind Some Existing Chain of Title Doctrine, Emily Bayer-Pacht
Copyrights, Campaigns, and the Collective Administration of Performance Rights: A Call to End Blanket Licensing of Political Events, Lauren M. Bilasz
Statutory Development Rights: Why Implementing Vested Rights Through Statute Serves the Interests of the Developer and Government Alike, Brian K. Steinwascher
Putting the Brakes on Libel Tourism: Examining the Effects Test as a Basis for Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Reasonableness Is Unreasonable: A New Jurisprudence of New York Adverse Possession Law, Jason Greenberg
Transitioning to Free Speech: A Case Study on Legal Transfers in Jordanian Jurisprudence, Sarah Joy Gregory
Foreword: New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Ellen Yaroshefsky
Abandoning the Ten Percent Rule and Reclaiming One Person, One Vote, Stephanie Cirkovich
The Usual Practice: Raising and Deciding Failure to Exhaust Administrative Remedies as an Affirmative Defense Under the Prison Litigation Reform Act, Joshua S. Moskovitz
Section 8, Source of Income Discrimination, and Federal Preemption: Setting the Record Straight, Jenna Bernstein
Gentrification and Mediation: Where a Single Pronunciation and Differing Perceptions Converge, Tiffany Ansley
Keep Arbitration Alive: Why the Fairness in Nursing Home Arbitration Act Should Not Be Passed, Margaret Baumer
What Went Wrong? Why Family Preservation Programs Failed to Achieve Their Potential, Steven M. Cytryn
Security Council Resolution 1820: An Imperfect but Necessary Resolution to Protect Civilians from Rape in War Zones, Melissa Goldenberg Goldstoff
Child Custody: Don't Worry, a Bet Din Can Get it Right, Jeffrey Haberman
"Cover My Pills": Contraceptive Equity and Religious Liberty in Catholic Charities v. Dinallo, Ayelet S. Lebovicz
Bringing Our Kids Home: International Parental Child Abduction & Japan's Refusal to Return Our Children, Robin S. Lee
Orthodox Jewish Women and Eligibility for the Parsonage Exemption, Jacob Lewin
The Bankruptcy Hegemon: Section 524(a) and Its Effect on State and Federal Comity, Benjamin Margulis
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits for Puerto Rican Veterans, Mónica Matos-Desa
Fulfilling the Washington Principles: A Proposal for Arbitration Panels to Resolve Holocaust-Era Art Claims, Jessica Mullery
The High Cost of Mandatory Arbitration, Martha Nimmer
Finding Fault with Defaults: New York Courts' Inconsistent Application of Issue Preclusion to Default Judgments, David Noland
Smacking Lesson: How the Council of Europe's Ban on Corporal Punishment Could Serve as a Model for the United States, Timothy John Nolen
Barriers to Financing: Is European Union Indirect Discrimination Law the Answer for Female Entrepreneurs?, Adam G. Panopoulos
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Sharing the Stage: Using Title VII to End Discrimination Against Female Playwrights on Broadway, Marisa Rothstein
Online Dispute Resolution with China: Advantageous, But at What Cost?, Jennifer Sackin
Lost Children: The Abuse and Neglect of Minors in Polygamous Communities of North America, Kelly R. Schwab
Sects' Offenders: The Inefficacy of Sex Offender Residency Laws and Their Burdens on the Free Exercise of Religion, Amol N. Sinha
The Federal Arbitration Act After Alafabco: A Case Analysis, Benjamin D. Tievsky
Expanding the Brand: The Case for Greater Enforcement of Mandatory Mediation in Trademark Disputes, Max Vilenchik
Transcending Cultural Nationalist and Internationalist Tendencies: The Case for Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff
Submissions from 2009
A Round Peg for a Square Hole: The Mismatch Between Subprime Borrowers and Federal Mortgage Remedies, Arielle L. Katzman
Terms Subject to Change: Assent and Unconscionability in Contracts That Contemplate Amendment, Daniel Watkins
Fair Presentation and Exhaustion: The Search for Identical Standards, Jonah Wexler
To Disclose or Not to Disclose? CSX Corp., Total Return Swaps, and Their Implications for Schedule 13D Filing Purposes, Daniel Bertaccini
The Burden of Establishing Patent Invalidity: Maintaining a Heightened Evidentiary Standard Despite Increasing "Verbal Variances", Etan S. Chatlynne
Suspicionless Laptop Searches Under the Border Search Doctrine: The Fourth Amendment Exception That Swallows Your Laptop, Ari B. Fontecchio
Reconciling the Patent Exhaustion and Conditional Sale Doctrines in Light of Quanta Computer v. LG Electronics, Erin Julia Daida Austin
Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem
The Tail Wagging the Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer
The Spoils System in Check? Public Employees' Right to Political Affiliation & the Balkanized Policymaking Exception to § 1983 Liability for Wrongful Termination, Christopher V. Fenlon
Screening Out Cyberbullies: Remedies for Victims on the Internet Playground, Shira Auerbach
Reinvigorating Nonprofit Directors' Duty of Obedience, Jeremy Benjamin
Protecting the Right to Marital Property: Ensuring a Full Equitable Distribution Award with Fraudulent Conveyance Law, Benjamin M. Ellis
For Promotional Use Only: Is the Resale of a Promotional CD Protected by the First Sale Doctrine?, Keith Harris
Assessing the Scope of Williamson County: Why It Should Be Applied to Private Purpose Claims, Jonathan Rohr
The Role of Litigation in Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis of Pelman v. McDonald's Corp., Ashley B. Antler
We Can Do Better: The State of Custodial Misconduct by Correctional Staff in New York, Tanyika Brime
Yada, Yada, Yada: Seinfeld, the Law and Mediation, Paul Devendorf
Defensive Mechanism: A Father's Right to Defend the Unborn, Lawrence Estrada
The Women's Right to Participate in the Game of Baseball, David Fintz
A Safe Haven for Nixzmary Brown, Chantal L. Hamlin
Racing For the Arctic? Better Bring a Flag, Jordan Hellman
The Work/Family Balance: New York's Struggle to Harmonize Domestic and Employment Spheres, Kerry Anne Hoffman
Ianfu: No Comfort Yet for Korean Comfort Women and the Impact of House Resolution 121, James Ladino
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
Barriers to Freedom: Continued Failure of U.S. Immigration Laws to Offer Equal Protection to Immigrant Battered Women, Katerina Shaw
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
The Triumph of Confucianism: How a Subjugated Legal System is Failing a Generation of Chinese Women and Girls, YuFan Stephanie Wang
Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement, Yael Weitz
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
