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.

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Submissions from 2015

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Holding the Line: Customs and Border Protection's Expansion of the Border Search Exception and the Ensuing Destruction of Interior Fourth Amendment Rights, Hannah Robbins

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Corporate Rights and Individual Interests: The Corporate Right to Privacy as a Bulwark Against Warrantless Government Surveillance, Kayla Robinson

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On the Permanence of Permanent Law: An Argument for the Continued Presence of the Permanent Law Provisions in the Farm Bill, Kate Giessel

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Estelle v. Gamble in a Post-Affordable Care Act World, Hallie E. Mitnick

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Adopting Upward Pricing Pressure Indices in FTC Merger Simulation Analysis: Tales from the US Airline Industry, Sean M. Riegert

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The Domestic Asset Protection Trust and Its Federalism Implications, Alexander B. Shiffman

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Adequacy of Notice Under CAFRA: Resolving Constitutional Due Process Challenges to Administrative Forfeitures, Rebecca Hausner

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Bills, Bills, Bills: The Effect of a Rejected Settlement on Attorney's Fees Under the Civil Rights Attorney's Fees Award Act of 1976, Melissa Ibrahim

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Constitutional Constraints on Asylum Termination by the United States Department of Homeland Security, Jonathan Raz

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Verbal Speech Versus Visual Art: Evidence of Unequal First Amendment Protection in Right of Publicity Jurisprudence, Daniel Forman

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Keeping the Gates Open for Human Embryonic Stem Cell Research, Ren-How Harn

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Intrastate Interventions: The State Executive's Response to Local Nonenforcement, Rebecca D. Maller

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The Fall of Net Neutrality: The End of an Era and a Call for Reform, Nisha Ragha

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In the Aftermath of Resolution 1373: Tackling the Protective Veil of Counter-Terrorism, Johanny Santana

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The Implications of Exclusion: How Pregnancy Exclusions Deny Women Constitutional Rights, Hannah Schwager

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Why Can't I Know How the Sausage Is Made?: How Ag-Gag Statutes Threaten Animal Welfare Groups and the First Amendment, Daniel L. Sternberg

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Crowdfunding Human Capital Contracts, Max Vogel

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Utility Model Patent: An Essential and Improving Patent Scheme in China, Victor Wang

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Failed Efforts of the Nitaqat: An Examination of the New Saudization Initiative Aimed at Easing Unemployment Issues in Saudi Arabia, Feida Zhao

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Hijacking Justice: Assessing the Emergency Driven Analysis of Confrontation Clause Jurisprudence, Steven C. Berlowitz

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The Case for Prosecuting Arms Traffickers in the International Criminal Court, Leigh Rome

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Dressed to Oppress? An Analysis of the Legal Treatment of the First Amendment and its Effect on Muslim Women Who Wear Hijabs, Nida Alvi

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Can You Work It? Or Flip It and Reverse It?: Protecting LGBT Youth from Sexual Orientation Change Efforts, Sanam Assil

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Blockchain: A Proposal to Reform High Frequency Trading Regulation, Christina Batog

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"Is That Me I See on the TV?" An Analysis of the O'Bannon Decision, Zachary S. Beal

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Piecemeal State Legislation: The Wrong Way to Divide the Internet Poker Pie?, Peter T. Busch

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"Pay-For-Delay" Settlements Post-ACTAVIS: Why Mediation Can Tackle the "Unreasonable" Antitrust Settlements, Sheena Ching

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Copyright or Trade Dress? Toward IP Protection of Multisensory Effect Designs for Immersive Virtual Environments, Elii Cho

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This Book is Not Yet Rated: Age Ratings in the Literary Market vs. Minors' First Amendment Right to Receive Information, Nathalie De Choudens Baez

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Welcome to the Jungle, Where the Rent is Too Damn High: Using Rent Regulation in New York City to Maintain an Affordable Housing Stock, Gabrielle DeNaro

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Sleeping? Comatose? Only Mandatory Consideration of Mediation Can Awake Sleeping Beauty in the European Union, Giuseppe De Palo and Romina Canessa

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Treating the Disease: A First Amendment Prescription for the U.S. Patent System, Stephanie A. Diehl

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Safe and Sound: How ADR Can Protect Aquatic Life and National Security, James Diskint

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UNRWA and the Convention on the Rights of the Child: Who is Responsible for Violations in Education?, Alexandra M.C. Douglas

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Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens as They “Lower” the Burden, Jason Goldman

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Biometric Passwords and the Privilege against Self-Incrimination, Kara Goldman

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Coddling the Internet: How the CDA Exacerbates the Proliferation of Revenge Porn and Prevents a Meaningful Remedy for its Victims, Layla Goldnick

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Equity in Substantial Evidence, or Using Article 78 Judicial Review to Achieve Justice for Public Housing Occupants, Janelle Greene

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Bound by Law: A Roadmap for the Practical Legalization of BDSM, Daniel Haley

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The Compensation Conundrum in Partial Takings Cases and the Consequences of Borough of Harvey Cedars, Brittany Harrison

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Innovation Worth Sharing: Seeking Balance Between Innovation Policy and National Security, Alexandra H. Katich

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Repatriation of Korean Cultural Property Looted by Japan-Can a Sincere Apology Resolve the Centuries-Old Korea/Japan Disputes?, Melissa (YoungJae) Koo

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Post U.S. v. Apple.: How Should Most-Favored Nation Clauses Be Treated Now?, Jennifer D. Lee

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"It Doesn't Seem Very Fair, Because We Were Here First": Resolving The Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-Government Negotiations, Rita Lenane

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Where Do We Fight?: A Way to Resolve the Conflict Between a Forum Selection Clause and FINRA Arbitration Rule 12200, Suleman Malik

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A Legislative Pendency Proposal to Address the Consumer Harm Caused by the Broken Retransmission System, Marla S. Merchut

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School of Hark Knocks - The Impact of the NFL Concussion Litigation, Elise Michael

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"Playoffs?! Are you kidding me, playoffs?": An Antitrust Analysis of College Football's New Playoff Format, Brandon C. Miller

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The Sisyphean Course of Combating Gender Discrimination in the Federal Marketplace for Prime Contracts: Rolling the Boulder of Small Business Size, Anna S. Molina

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What's Love Got to Do With It? The Value of Celebrity Status in Divorce Proceedings, Shanice Naidu

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Infiltration or Immigration: The Legality of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

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Copyright Alert System: Six-Strikes and Forced Arbitration Might Not be the Answer, Brett Schiff

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Breaking the Impasse: A Two-Pronged Approach for Resolving Sovereign Debt Holdout Disputes, Alexander Shapos

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

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

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

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

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

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

Submissions from 2014

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

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

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

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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

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The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day

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Brew Free or Die? A Comparative Analysis of U.S. and E.U. Craft Beer Regulations, Tammy Lam

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Gene Patents in the Wake of Association for Molecular Pathology v. Myriad Genetics, Inc.: An International Perspective on Pharmacogenomics, Stephanie S. Lim

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What America Can Learn from Canada's Progressive Decision in Commercial General Liability Policy Coverage Litigation over Construction Defects, Qifu Li

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

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

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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

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

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Non-Dischargeability of Mixed Student Debt, Jordan Weiss

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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

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

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

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

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

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

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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

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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

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The Role of the E-Book in the Library System: A Comparative Analysis of U.S. Fair Use and U.K. Fair Dealing in the E-Lending Universe, Michelle Connelly

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

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Big MACs: Not-so-Happy Deals and the Eurozone Crisis, Lindsay Edelstein

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

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Unbinding Working Women in a "Binders-Full-of-Women" Nation: How the United States Can Learn from Swedish, Norwegian and Icelandic Successes in Gender Pay Gap Legislation, Lily Hall

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"Over-Accommodation" in Higher Education: An ADA Sanctioned Injustice Exposed, Elliot Hamlet

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The Pitfalls of the Pittman-Robertson Act: Threats to an American Wildlife Act That Ensnare Hunters and Hikers Alike, Greg Huffaker

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Reasonable Accommodation of Mixed Motives Claims Under the ADA: Consistent, Congruent, and Necessary, Bryan Joggerst

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Resident Evil: A Reformation of U.S. Civil Confinement Law, Jessica Morak

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

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Protecting the Family Home by Reunderstanding United States v. Bajakajian, Yan Slavinskiy

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An Uncertain Privilege: Reexamining Garner v. Wolfinbarger and Its Effect on Attorney-Client Privilege, Benjamin Cooper

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Everybody Wins! Elimination of the Absolute Priority Rule for Individuals Under BAPCPA: A Middle Ground, Liliya Gritsenko

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Bridging the Cellular Divide: A Search for Consensus Regarding Law Enforcement Access to Historical Cell Data, Zachary Ross

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

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Symposium Issue Introduction and Dedication, Shawna Benston

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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

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Flying Into Mecca: When Gender Should be a Bona Fide Occupational Qualification for Expatriation Assignments in Female-Hostile Host Countries, Richard F. Brueckner

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You Can Get Fired for Flirting: Critique of Sex Discrimination Law in the Workplace Through Nelson v. Knight, Kibum Byun

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