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Student Articles & Notes

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 2015 2015

Title IX-A New Frontier for the Rights of Transgender Youth? The Demand for Federal Regulations Clarifying the Act's Applicability, Elias Shebar

To Pee or Not to Pee? "Where" is the Question: Transgender Students and the Right to Use Public School Restrooms, Melissa Sterling

Involved, Empowered and Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish and American Law and Builds Happy Families, Lara Traum

The Bomb Keeps the Lights On: The Use of Final-Offer Arbitration in Failed Retransmission Consent Negotiations, Daniel J. Weiss

What Can I Do for You, My Damaged Angel: Ways to Better Protect Special Needs Children Adopted from China, Kaidi Yu

Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga

Submissions from 2014 2014

Not Behind Bars, Not a Prisoner: An Analysis of Guardians, Conservators, and Protection & Advocacy Organizations Under the Prison Litigation Reform Act, Deborah Frisch

Should Class Be Dismissed? The Advantages of a One-Step Class Certification Process in Unpaid Intern FLSA Lawsuits, Julia Morpurgo

Foul Play: Tennessee's Unequal Application of Its Jock Tax Against Professional Athletes, Kirk Berger

Depressing Diagnosis: Stringent Particularity Requirement of the Rule 9(b) Pleading Standard as a Critical Bar to Off-Label Promotion Fraud Whistleblowers, Emily T. Chen

Prosecuting a Festival: Holding Electric Dance Music Festivals Liable for Drug-Related Deaths Occurring Therein, Rebecca Lomazow

Eminent Domain Law and "Just" Compensation for Diminution of Access, Ashley Mas

Adoptive Admissions and the Duty to Speak: A Proposal for an Appropriate Test for the Admissibility of Silence in the Face of an Accusation, Bret Ruber

Reasonable Consideration of Non-Shareholders: Redrafting State Constituency Statutes to Encourage Socially-Minded Business Decisions, Maxwell Silver-Thompson

Non-Dischargeability of Mixed Student Debt, Jordan Weiss

Employer Perceptions of Trans Women's Sex and Behavior in Title VII Sex Stereotyping Claims: The Case for Reading Price Waterhouse v. Hopkins as a Blanket Prohibition of Gender Policing by Employers, Alexandra Fiona McSpedon

Striking a Pose: Protecting the Welfare of Child Models, Kelli Ortega

Cultural Pluralism in Criminal Defense: An Inner Conflict of the Liberal Paradigm, Sam Beyea

Mandatory Life Without Parole Sentences for the Intellectually Disabled: A Violation of the Eighth Amendment, Nick Bonham

I Thought He Had a Gun: Amending New York's Justification Statute to Prevent Police Officers from Mistakenly Shooting Unarmed Black Men, Toussaint Cummings

Unauthorized Practice of Law and Meaningful Access to the Courts: Is Law Too Important to Be Left to Lawyers?, Matthew Longobardi

Disparate Treatment of Disparate Treatment: Harmonizing Title VII Pretext and Mixed-Motive Jury Instruction Causation Standards in Light of Staub v. Memorial Hospital, Eric Rosoff

The Social Model's Case for Inclusion: "Motivating Factor" and "But For" Standards of Proof Under the Americans with Disabilities Act and the Impact of the Social Model of Disability on Employees with Disabilities, Lisa Schlesinger

Failing to Warn in the Context of Rare Side Effects, Morris Dweck

Depicting the Graphic Truth: The Heated Controversy over Cigarette Warning Labels and the Boundaries of First Amendment Protection, Brian Fedele

"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

Limiting Unfettered Challenges to Patent Validity: Upholding No-Challenge Clauses in Pre-Litigation Patent Settlements Between Preexisting Parties to a License, Nicholas Roper

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

Fair or Foul? Major League Baseball's Use of a Tortious Interference Lawsuit as a Means of Investigation, Michael S. Beck

Symposium Issue Introduction and Dedication, Shawna Benston

Jock Straps vs. Bra Straps: Is a Battle of the Sexes Still Necessary? A Surprising Perspective on the Effects of Title IX on Male Athletes in the NCAA, Alana Berrocal

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

Examining the § 271(e)(1) Safe Harbor of the Hatch-Waxman Act: A Legislative Proposal Granting Mandatory Post-Marketing Exceptions, Jessica Chao

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

Trademark Protection in the New Internet Age: Template for Successful Legal Rights Objections in the gTLD Revolution, Kate Dolinska

A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein

Liberty and Justice for All? Protecting the Right to Privacy for Incapacitated Individuals: The Need for Comprehensive Sterilization Legislation in All Fifty States, Mindy K. Fersel

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

Rebalancing Pay-for-Delay: Why No-Authorized Generic Agreements Should Be Subject to Higher Antitrust Scrutiny, David C. Kurlander

Lo and Behold!: Does Tolerated Use Give an Incentive to Plagiarize? An Example through the Music of Bob Dylan, Julie Levine

(I Can't Get No) Satisfaction: Using Restorative Justice to Satisfy Victims' Rights, Jessica M. Marshall

Shopping for Gender: The Unlawfulness of an Unregulated Market for Prenatal Gender Selection and Selective Gender Abortion, Eujean Park

The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled

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

Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty, Laura C. Sayler

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

Mandatory Ultrasound Statutes and the First Amendment, Shifting the Constitutional Perspective, Cheri D. Smith

The Real World: Child Labor and Reality Television, Ariel Tacher

Give Me Internet or Give Me Death: Analyzing the Constitutionality of Internet Restrictions as a Condition of Supervised Release for Child Pornography Offenders, Laura Tatelman

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

Bright Lights, Bright-Line: Toward Separation and Reformation of the Transformative Use Analysis, Jennifer Yeh

One-Off & Off-Hand: Developing an Appropriate Course of Liability in Threatening Online Mass Communication Events, Michael Barrett Zimmerman

Submissions from 2013 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

The Disclaimer Dichotomy: A First Amendment Analysis of Compelled Speech in Disclosure Ordinances Governing Crisis Pregnancy Centers and Laws Mandating Biased Physician Counseling, Molly Duane

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

Health Exchange Federalism: Striking the Balance Between State Flexibility and Consumer Protection in ACA Implementation, Sam Solomon

Congressional Policy for Work Product Protection in Congressional Investigations, Jay Brody

Divorce and Domestic Violence in the United States: A Focus on New York State's Adoption of No-Fault Legislation and Its Impact on the Incidence of Domestic Violence, Ali Kunen

Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to Make Impartiality a Reality, Rachel Pecker

Closing a Loophole in Musicians' Rights: Why Digital Remasters of Analog Sound Recordings Are Not Derivative Works Protected by the Copyright Act, Jon Peritz

"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

Hangover Effect: May I See Your Tattoo, Please?, Craig P. Bloom

Caught in a Bind: Reassuring Judicial Authority to Bind Non-Party Search Engines under Rule 65 in Counterfeit Goods Cases, Courtney Brown

Password Protection Now: An Elaboration on the Need for Federal Password Protection Legislation and Suggestions on How to Draft It, Timothy J. Buckley

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

Personal Factory or Catalyst for Piracy? The Hype, Hard Realities of Consumer 3-D Printing, Charles W. Finocchiaro

Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody