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
Who Takes the Heat? Criminal Liability for Heat-Related Deaths in High School Athletics, David Feingold
Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility, Christina Fox
After the ECJ'S West Tankers: The Clash of Civilizations on the Issue of an Anti-Suit Injunction, Grace Gunah Kim
East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA, Elana Levi-Tawil
Gender-Classified Imports: Equal Protection Violations in the Harmonized Tariff Schedule of the United States, Jason Lewis
The Constitutionality of and Need for Retroactive Civil Legislation Relating to Child Sexual Abuse, Jenna Miller
Japan's Business Revitalization ADR: An Economic Savior or a Convenient Excuse to Avoid Bankruptcy?, Naoko Okamoto
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
Why Brokers Are Not Investment Advisers: ERISA's Fiduciary Duty Only Applies to Those Who Provide Investment Advice to Pension Plans, Lydia S. Amamoo
In Pursuit of Offshore Tax Evaders: The Increased Importance of International Cooperation in Tax Treaty Negotiations After United States v. UBS AG, Samantha H. Scavron
Receiverships in the Prison Litigation Context: Factors Necessary for an Effective Judicial Remedy of Last Resort, Liat Weingart
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
Confidential Witnesses: The Reform Act and the Battle at the Pleading Stage, Ariel S. Lichterman
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
Political Prediction Markets: A Better Way to Conduct Campaigns and Run Government, Andrew S. Goldberg
A Right to Bare All? Female Public Toplessness and Dealing With the Laws that Prohibit, Danielle Moriber
The Usual Practice: Raising and Deciding Failure to Exhaust Administrative Remedies as an Affirmative Defense Under the Prison Litigation Reform Act, Joshua S. Moskovitz
Mrs. Tschetschot's Busted Hand, Poker, and Taxes: The Inconsistent Application of Tax Laws on a Game of Skill, George Remennik
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
Privacy in the Age of Tracking Technology: Why G.P.S. Technology Should Not be Used to Track Process Servers, Talia E. Neri
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
A Choice of Law Dilemma: The Conflict and Reconciliation of Laws Governing Cross-Border Transfers of Stolen Art, Monique Lee
Buying Back Elections: Extending Supreme Court Speech Limitations to Eliminate Leadership PACS, Justin Luehman
A License to Kill: America's Balance of War Powers and the Flaws of the War Powers Resolution, Michael Mandel
The High Costs of Costs: Fees as Barriers to Access within the United States and Canadian Freedom of Information Régimes, Zachary Pall
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
Publishing Raymond Carver's "Original" Stories as "Fair Use", Matthew J. Weldon
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
