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 2002
Employee Patents on Computer-Implemented Inventions: The Conundrum of Separate Ownership of Patent and Copyright, David Loretto
Submissions from 2001
Application of the Rational Basis Test to Treaty-Implementing Legislation: The Need for a More Stringent Standard of Review, Virginia H. Johnson
"Counselor, Proceed with Caution": The Use of Integrated Evidence Presentation Systems and Computer-Generated Evidence in the Courtroom, Elan E. Weinreb
True Threats: Evolving Mens Rea Requirements for Violations of 18 U.S.C. § 875(c), Justin Myer Lichterman
Ziggy Stardust Reborn: A Proposed Modification of the Bowie Bond, Adam Grant
Inadvertent Disclosure and the Attorney-Client Privilege: Looking to the Work-Product Doctrine for Guidance, Ken M. Zeidner
Function, Nonfunction, and Monumental Works of Architecture: An Interpretive Lens in Copyright Law, Melissa M. Mathis
The Homosexual-Advance Defense and Hate Crimes Statutes: Their Interaction and Conflict, Scott D. McCoy
Requiring Accountability Among Those Who Sell Firearms: Ignorance of the Law Should Not Be an Excuse, Uri Matthew Myerson
Submissions from 2000
Must-Carry Rules in the Transition to Digital Television: A Delicate Constitutional Balance, Albert N. Lung
Redefining the Refugee: The Universal Declaration of Human Rights as a Basis for Refugee Protection, Michael J. Parrish
Down on the Corner: An Analysis of Gang-Related Antiloitering Laws, Jocelyn L. Santo
Come and Knock on Our Door: The Fair Debt Collection Practices Act's Intrusion into New York's Summary Proceedings Law, Kara B. Schissler
Thirty-Day Restrictions on Attorney Direct-Mail Solicitation: The United States Supreme Court Went for It, Steven M. Field
Determining Ownership of Foreign Copyright: A Three-Tier Proposal, Binyomin Kaplan
Ganging Up on Police Brutality: Municipal Liability for the Unconstitutional Actions of Multiple Police Officers Under 42 U.S.C. § 1983, Adam S. Lurie
ERISA Qualified Pension Plans as Part of the Bankruptcy Estate After Patterson v. Shumate, Lisa M. Smith
To Thine Own Claim Be True: The Federal Circuit Disaster in Exxon Chemical Patents, Inc. v. Lubrizol Corp., Jason M. Okun
Electronic Media Discovery: The Economic Benefit of Pay-Per-View, Marnie H. Pulver
Bringing Down the Bar: Accountants Challenge Meaning of Unauthorized Practice, Susan B. Schwab
Submissions from 1999
The Heist of Feist: Protection for Collections of Information and the Possible Federalization of "Hot News", Jason R. Boyarski
Wage Garnishments in Bankruptcy: Riddervold Revisited, Matthew Frankle
Assets in Wonderland: The IRS's Inconsistent Policy on Software Costs, Vsevolod L. Maksin
Reclaiming Our Public Schools: A Proposal for School-Wide Drug Testing, Joanna Raby
Time Is Running Out for Customized Software: Resolving the Goods Versus Service Controversy for Year 2000 Contractual Disputes, Jennifer B. Cannata
Honey, I Shrink-Wrapped the Consumer: The Shrink-Wrap Agreement as an Adhesion Contract, Batya Goodman
Environmental Justice: From Partial Victories to Complete Solutions, Valerie P. Mahoney
Laymen Cannot Lawyer, but Is Mediation the Practice of Law?, Joshua R. Schwartz
The Second Circuit's Attack on Jury Nullification in United States v. Thomas: In Disregard of the Law and the Evidence, Ran Zev Schijanovich
A Progression Toward Freedom: Protecting the Disabled Under the Ku Klux Klan Act, Gabriella A. Davi
Rule 45(b): Ambiguity in Federal Subpoena Service, Orlee Goldfeld
Defusing New York's 120-Day Time Bomb: The Meaning of New C.P.L.R. 306-b, Brian A. Waldbaum
Submissions from 1998
Resolving the Paradox Between Legal Theory and Legal Fact: The Judicial Rejection of the Theory of Efficient Breach, Craig S. Warkol
Fictional Persona Test: Copyright Preemption in Human Audiovisual Characters, Peter K. Yu
Bankruptcy Appeals and Equitable Mootness, Ross E. Elgart
The Pennsylvania Rule: Murky Waters Revisited, Michael Ben-Jacob
Attributing Too Much: The Fifth Circuit Perverts the Scope of Diversity Jurisdiction, Richard A. Simon
Alcoholics Anonymous: Anonymous Theists? Griffin v. Coughlin and the "Wall of Separation Between Church and State" in the New York State Prison System, James E. McBride
Submissions from 1997
From Containment to Cooperation: Collective Action and the Wassenaar Arrangement, Kenneth A. Dursht
Professionals in the Health Care Industry: A Reconsideration of NLRA Coverage of Housestaff, Hilary Jewett
Inequities of the Drug War: Legislative Discrimination on the Cocaine Battlefield, Andrew N. Sacher
The Second Circuit "Estopped": There Is No Promissory Estoppel in New York, Arthur B. Schwartz
Relation Back of "John Doe" Complaints in Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
When Is a Mortgage Guarantee Not Worth the Price of a Notary? - The Incongruent Judicial Application of New York’s Deficiency Judgment Statute, Benjamin Gruberg
The Inner-Morality of Juvenile Justice: The Case for Consistency and Legality, Adam D. Kamenstein
Patenting Medical Procedures: A Search for a Compromise Between Ethics and Economics, Beata Gocyk-Farber
Ensuring Meaningful Jailhouse Legal Assistance: The Need for a Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel
Submissions from 1996
Des Third-Generation Liability: A Proximate Cause, Tracey I. Batt
Judicial Plagiarism: It May be Fair Use But Is It Ethical?, Jaime S. Dursht
Is It Inside or Out? - A Proposal to Clarify the Misappropriation Theory of Unlawful Trading, Lawrence A. Rosenbloom
The Fate of “Megan’s Law” in New York, Alison Virag Greissman
The Flimsy Yardstick: How Many Employees Does It Take To Defeat a Title VII Discrimination Claim?, Jacqueline Louise Williams
Compensating Caregiving Relatives: Abandoning the Family Member Rule in Contracts, Jonathan S. Henes
No Leg to Stand On: The General Retainer Exception to the Ban on Nonrefundable Retainers Must Fall, Pamela S. Kunen
Circuit Court Erie Errors and the District Court's Dilemma: From Roto-Lith and the Mirror Image Rule to Octagon Gas and Asset Securitization, Nikiforos Mathews
Submissions from 1995
The Mortgage Contingency Clause: A Trap for the Residential Real Estate Purchaser Using a Mortgage Broker, Craig Steven Delsack
“A One Way Ticket to Palookaville”: Supreme Court Takings Jurisprudence After Dolan and Its Implication for New York City’s Waterfront Zoning Resolution, Jill Illan Berger Inbar
The Visual Artists Rights Act of 1990: American Artists Burned Again, Robert J. Sherman
A New Use for an Old License: Who Owns the Right?, Barbara D. Griff
ronald@mcdonalds.com - “Owning a Bitchin’ ” Corporate Trademark as an Internet Address - Infringement?, James West Marcovitz
Assembling a Theory of Infringement: Third Party Liability Based on in Vivo Production of Patented Pharmaceuticals, Eitan Alexander Ogen
She’s Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
The Virtues of Interpretation in a Jural Society, Mike Robert Horenstein
The Robinson-Patman Act Sections 2(d) and 2(e): Promotional Allowances and the Per Se Rule of Illegality, Julian Chung
Uncertainty in the Empire State: A Reevaluation of New York’s Takings Jurisprudence After Dolan v. City of Tigard, Clifford B. Olshaker
Submissions from 1994
Oppressed Shareholders in Close Corporations: A Market-Oriented Statutory Remedy, Adam Chernichaw
Disclosure of Executive Illnesses Under Federal Securities Law and the Americans With Disabilities Act of 1990: Hobson’s Choice or Business Necessity?, Andrew K. Glenn
Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief
Valuation Problems in the Appraisal Remedy, Michael R. Schwenk
Unblinded Mandatory HIV Screening of Newborns: Care or Coercion?, Linda Farber Post
The Priority of Postpetition Retainers, Carve-Outs, and Interim Compensation Under the Bankruptcy Code, Criag B. Cooper
Adoption Nightmares Prompt Judicial Recognition of the Tort of Wrongful Adoption: Will New York Follow Suit?, Marci J. Blank
Audit Inquiry Letters and Discovery: Protection Based on Compulsion, Melissa D. Shalit
A Rose May Not Always Be a Rose: Some General Partnership Interests Should Be Deemed Securities Under the Federal Securities Acts, Jonathan M. Sobel
Submissions from 1993
When Axioms Collide, Jeffrey Daniel Haskell
The Illegitimacy of the Extrajudicial Source Requirement for Judicial Disaqualification Under 28 U.S.C. § 455(a), Adam J. Safer
Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein
Being a Jacob Burns Scholar, David S. Kahn
Jacob Burns's Generosity, June D. Wolfman
Secured Creditors and Section 15(a)(1) of the Fair Labor Standards Act: The Supreme Court Creates a New Property Interest, Henry Bregstein
Bankruptcy Versus Environmental Protection: Discharging Future Cercla Liability in Chapter 11, Philippe J. Kahn
An Exception to the Levandusky Business Judgment Rule: Owner and Shareholder Interests in Condominium and Cooperative Board Decisions, Randolph C. Gwirtzman
Grand Jury Charges Delivered by Supreme Court Justices Riding Circuit During the 1790s, David J. Katz
New York Adverse Possession Law as a Conspiracy of Forgetting: Van Valkenburgh v. Lutz and the Examination of Intent, Lila Perelson
Submissions from 1992
John D. Appel, Leslie Berman
Why the “Look and Feel” of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow
A Restatement of Rabbinic Civil Law, Vol. I by Emanuel Quint, Emanuel Rackman
Bankruptcy and Subleases: The Depravity of Privity, Rhonda S. Berliner
The Case Against Applying the Relation-Back Doctrine to the Exercise of General Powers of Appointment, Melanie Leslie
The Road to Repose: Limitations on Avoidance Actions in Chapter 11 via 11 U.S.C. § 546(a)(2), Paul David Brusiloff
Taking Interest in a Cure: Compensation for Time Value of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields
The Garner Exception to Attorney-Client Privilege: A New Approach to “Good Cause”, Victoria A. Kummer
Submissions from 1991
Human Rights Violations during the Tiananmen Square Massacre and the Precedents Obliging United States Response, Jennifer E. Morris
Nationwide Service of Process in State Courts, David Carlebach
Statutes of Repose and the Construction Industry: A Proposal for New York, Andrew Alpern
