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 2008
Divorce Mediation - Limiting the Profession to Family/ Matrimonial Lawyers, Jaime Abraham
Letting "Privates" Be Private: Toward a Right of Gender SelfDetermination, Samuel E. Bartos
Wedlock, Blood Relationship, and Citizenship, Logan Bobo
Reporting Sexual Assault of Women in the Military, Jodie Friedman
Inflating Goodyear's Bottom Line: Paying Women Less and Getting Away With It, Amalia Goldvaser
Rejection of the Need for Informed Consent in Prostate Tissue Sample Research, William Hanes
Incest and Sex Offender Registration: Who is Registration Helping and Who is it Hurting?, Jocelyn Ho
Introduction, Rachel Kalman
Creating a Proper Incentive Structure: A Case Study of Ledbetter v. Goodyear Tire & Rubber Co., Young Eun Lee
Change of Sex Designation on Transsexuals' Birth Certificates: Public Policy and Equal Protection, Stephanie Markowitz
The Changing Faces of Women's Colleges: Striking a Balance Between Transgender Rights and Women's Colleges' Right to Exclude, Cathy Perifimos
Strict Liability and Negligent Rape: Or How I Learned to Start Worrying and Question the Criminal Justice System, Dini Rosenbaum
ADR in the Music Industry: Tailoring Dispute Resolution to the Different Stages of the Artist-Label Relationship, Kaleena Scamman
Employer Liability Under Title VII: Creating an Employer Affirmative Defense for Retaliation Claims, Steven Seidenfeld
Amending the Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System: Incorporating Sexual Orientation and Gender Identity into the Rehabilitative Process, Heather Squatriglia
Baby Steps to "Grown-Up" Divorce: The Introduction of the Collaborative Family Law Center and the Continued Need for True No-Fault Divorce in New York, Gabriella L. Zborovsky
Submissions from 2007
It's Just Not Cricket: Is the Principle of Reciprocity Being Honored in the U.S.-U.K. Extradition Treaty?, Richard Goldberger
Securities Class Action Abuse: Protecting Small Plaintiffs' Big Money, Russell Kamerman
Silenced: The Search for a Legally Accountable Censor and Why Sanitization of the Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Recording Satellite Radio - Adapting to Modern Technology or Infringing Copyright?, Jason A. Auerbach
A Helping Hand: Addressing New Implications of the Espionage Act on Freedom of the Press, Laura Barandes
Recalibrating Depravity in a Feingold Regime: Why New York Courts Should Maintain Register's Approach to Depraved Indifference in Cases of Murder by Abuse, Carrie L. Maylor
Straddling the Line of Medical Malpractice: Why There Should Be a Private Cause of Action Against Physicians via EMTALA, Lawrence Bluestone
Means to Legitimate Ends: Same-Sex Marriage Through the Lens of Illegitimacy-Based Discrimination, Benjamin G. Ledsham
Negotiated Shame: An Inquiry into the Efficacy of Settlement in Imposing Publicity Sanctions on Corporations, Joshua Andrix
Difficult, Duplicative and Wasteful?: The NASD's Prohibition of Class Action Arbitration in the Post-Bazzle Era, Matthew Eisler
Tool of the Trademark: Brand Criticism and Free Speech Problems with the Trademark Dilution Revision Act of 2006, Jesse A. Hofrichter
Battling Breast Cancer: New York's Laws Are Not Enough, Tara Arschin
French Headscarves and the U.S. Constitution: Parents, Children, and Free Exercise of Religion, Christina A. Baker
What Does Accidental Mean?: Autoerotic Asphyxiation as an Illustration of the Problems Affecting Accident Insurance, Gabriel Burnham
The Safety Net Revisited? The Continuing Impact of Welfare Reform in New York City and Nationwide, Laura R. Goldin
Judicial Selection as it Relates to Gender Equality on the Bench, Adam Goldstein
Women and Weight-Based Employment Discrimination, Alexandra W. Griffin
Makeup for Success: Why Jespersen v. Harrah's Stifles Diversity By Promoting Stereotypes in Employment, Alison J. Hartwell
A Feminist Human Rights Law Approach for Engendering the Millennium Development Goals, Christina T. Holder
Sex Required: The Impact of Massachusetts' Same-Sex Marriage Cases on Marriages with Intersex and Transsexual Partners, Aleks Kajstura
Of All the Things I've Lost, I Miss My Marbles the Most! An Alternative Approach to the Epic Problem of the Elgin Marbles, Melineh S. Ounanian
The Internal Revenue Service and Alternative Dispute Resolution: Moving from Infancy to Legitimacy, David Parsly
News Media as Mediators, Carol Pauli
Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry, Abigail Penzell
Strike Three - You're Out! Revamping the New York State Taylor Law in Response to Three Transport Workers' Strikes, Erin Audra Russ
Healing a Fractured Community: The Use of Community Sentencing Circles in Response to Hate Crimes, Brian Sapir
Langan v. St. Vincent Hospital: A Fearful Court or a Properly Measured Response?, Jeniffer Viscarra
HIV Testing of Pregnant Women: Why Present Approaches Fail to Reach the Desired Objective & The Unconsidered Option, Michelle Yuen
Submissions from 2006
The Next Step in Interpreting Criminal Forfeiture, Avital Blanchard
The Limits of Bankruptcy Code Preemption: Debt Discharge and Voidable Preference Reconsidered in Light of Sherwood Partners, Alan J. Feld
Barbarians at the Ballot Box: The Use of Hedging to Acquire Low Cost Corporate Influence and Its Effect on Shareholder Apathy, Jonathan J. Katz
Is a Giant Inflatable Rat an Unlawful Secondary Picket Under Section 8(b)(4)(ii)(B) of the National Labor Relations Act?, Tzvi Mackson-Landsberg
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
Reconceptualizing Child Sexual Exploitation as a Bias Crime Under the Protect Act, Tracy Agyemang
The Slippery Slope: The Vitality of Reynolds v. US After Romer and Lawrence, James Askew
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
Dukes v. Wal-Mart: Can 1.5 Million Women Save Employment Discrimination Class Actions?, Robert Fisher
The Impact of Feminine Leadership on State Courts: A Panel of Women Chief Justices, Alan Florendo
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
Does Title IX Work After School? California Applies the Three Part Test to Municipal Sports, Aaron J. Hershtal
How Far is the 'Door Ajar'? Whether Rape as Torture is Actionable Under the Alien Tort Statute After Sosa, Zachary S. Kahn
EPA's Mercury Cap and Trade Rule: An Environmental Injustice for Women, Rachel Kalman
A New Disease Born Every Minute: The Marketing of Pathology and the Exploitation of Gender-Based Insecurities and Sexuality to Sell Drugs, Elizabeth Lambdin
What's the Hold-Up? Making the Case for Lifetime Orders of Protection in New York State, Jennifer Rios
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
