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 1987
As Time Goes By: Pretrial Incarceration Under the Bail Reform Act of 1984 and the Speedy Trial Act of 1974, Allen D. Applbaum
The Constitutionality of State Business Combination Legislation: New York's Section 912, Leonard Miles
Exclusiveness in the Law of Prescription, Dena Cohen
Pleading the Fifth: Record Custodians and the Act-of-Production Doctrine, Amy Schlesinger Rich
Submissions from 1986
Rejection of Computer Software Licensing Agreements in Bankruptcy, Viktoria L. Gres
Towering above Charities: Real Estate Development by Nonprofit Organizations, Zoning Variances, and the Reasonable Return Finding, Eric J. Gruber
Orderlies in the Court? A Proposal for the Proper Designation of Medical Malpractice Claims, Russell S. Schwartzman
An Excess of Access: The Cable Communications Policy Act of 1984 and First Amendment Protection of Editorial Discretion, Adam R. Spilka
The Necessary Complement to Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly
Disclosure of Preliminary Merger Negotiations, Randi S. Goldberg
The Constitutionality of Retroactive State Superliens for Toxic Waste Cleanup Reimbursement, Susan L. Rosen
Evaluation of Subjective Selection Systems in Title VII Employment Discrimination Cases: A Misuse of Disparate Impact Analysis, Stacey B. Babson
Unlimitation of Liability: Vessel Owners and the Bareboat Charter After Baker v. Raymond International, Inc., Victoria M. Bald
For a Few Dollars More: Client’s Right to Discharge His Attorney Under a Contingent Fee Contract, Irving Cohen
The Synchronization Right: Business Practices and Legal Realities, Lewis R. Cohen
Reportability of Exposure to the AIDS Virus: An Equal Protection Analysis, Donna Costa
Issue Preclusion and Guilty Pleas: A Reassessment of Traditional Categories, Adria De Landri
Timing of Payments by Check under Section 547 of the Bankruptcy Code, Azita Gorton
The Availability of Injunctions in Bankruptcy to Restrain Collection of I.R.C. 6672(a) Penalties, Beth K. Neelman
Federal Rule of Civil Procedure 68: "Settling" the Differences in the Proposed Amendments to the Offer of Settlement Rule, Nelson Perel
The Outer Limits of Section 542 of the Bankruptcy Code: United States v. Whiting Pools, Inc., Revisited, Craig S. Provorny
Partitions in Kind: A Preference Without Favor, Candace Reid
Vertical and Horizontal Aspects of Takings Jurisprudence: Is Airspace Property?, Mary B. Spector
Priorities and Statutory Construction: Mechanic's Liens in New York, Jonathan E. Stassberg
Strategic Bankruptcies: Class Actions, Classification & the Dalkon Shield Cases, Sharon Youdelman
Submissions from 1985
Jury Trial Right Under Title VII: The Need for Judicial Reinterpretation, Vincenza G. Aversano, Karen M. Kalikow, and Lisa S. Presser
Tacking a True Course for Maritime Liens on Freight, Uriel P. Bauer
Immigration Reform: Solving the "Problem" of the Illegal Alien in the American Workforce, Lucinda M. Cardinal
Area Variance Law in New York: A Uniform Approach, Yoram J. Cohen
Benefactor Defense Before the Grand Jury: The Legal Advice and Incrimination Theories of the Attorney-Client Privilege, Jeffrey Epstein
The Relation Back of Claims Against Third-Party Defendants, Howard K. Fishman
The Voidability of Security Interests in Tax Refunds Under Section 547 of the Bankruptcy Code, Howard Kern
Marshaling Assets in Bankruptcy: Recent Innovations in the Doctrine, Moses Lachman
The Preemption of Bankruptcy-Only Exemptions, Joseph Lamport
Garnishment Payments: Voidable Preferences in Bankruptcy?, Susan J. Samuels
Submissions from 1984
The Cancer Spreads: Atomic Veterans Powerless in the Aftermath of Feres v. United States, Susan Cohen-Klein and Howard Berkower
Artificial Conception: A Legislative Proposal, Felicia R. Fashing
Contempt and the Automatic Stay of the 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman
Proof of Injury and Damages in Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Attorney's Fees in Title VII Actions: Applying the Christiansburg Standard for Awards Against the EEOC, Susan Jameson
The Right to a Jury Trial for Jurisdictional Issues, Steven Kessler
ERISA Plans as Property of Individuals' Bankruptcy Estates, Elynn Lambert
Due Process, Retroactivity, and the Multiemployer Pension Plan Amendments Act of 1980: Congress' Arbitrary Means to a Legitimate End, Eric G. Menkes
The Supreme Court's "Resolution" of the Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
The Constitutionality of Section 9-504(3) of the Uniform Commercial Code: A Question of State Action and Procedural Due Process, Abe Rappaport
Do Bad Fences Make Bad Neighbors in New York after Scurti v. City of New York?, David A. Zarett
Submissions from 1983
First Amendment and the Alien Exclusion Power - What Standard of Review?, Nathan M. Eisler
Shopping Center Tenant Bankruptcies: A Better Balance of Opposing Interests, Matthew J. Gould
Administering the Tort of Negligent Infliction of Mental Distress: A Synthesis, Terri Krivosha Herring
The Impact of a Solvent Corporation's Reorganization on Products Liability Claimants, Hal B. Perkins
Proving Title VII Sex-Based Wage Discrimination after County of Washington v. Gunther, Muriel Joyce Reynard
Hanoch Tel-Oren: The Retreat from Filartiga, Kenneth Marc Schneider
Submissions from 1982
The Economic Benefit Concept of Gross Income Applied to the Tax Treatment of Illegal Payments, Stephen M. Breistone
Corporate Governance and the Shareholders' Derivative Action: Rules and Remedies for Implementing the Monitoring Model, Bruce Dickstein
Visitation Rights: Providing Adequate Protection for the Noncustodial Parent, Rhonda L. Fishbein
Burden of Proof with Respect to the Defense of Withdrawal from Conspiracy: United States v. Read, Alan S. Fox
A Statutory Proposal for Case-By-Case Congressional Waiver of the Speech or Debate Privilege in Bribery Cases, David M. Lederkramer
Metromedia, Inc. v. City of San Diego: A Bifurcated Approach to Billboard Regulation and the First Amendment, Eric L. Rosedale
Submissions from 1981
The Immigration and Nationality Act and the Exclusion of Homosexuals: Boutilier v. INS Revisited, Marc Bogatin
Grassroots Lobbying and the Public's Right to Hear: First Amendment Implications of I.R.C. Section 162(e)(2)(B), Robert W. Cleveland
Survey of the Literature: Commercial Speech and Commercial Speakers, Michael Feldman
Year-End Divorce/Remarriage Schemes and the Applicability of the Sham Doctrine, Elissa Kahn Halperin
Summary Judgment in Defamation Actions: A Threat to the Substantive Rights of Public Figure Plantiffs, Robert Ligansky
Finberg v. Sullivan: Protecting Exempt Funds from Postjudgment Seizure, Eric M. Schmidt
Generic Copies: Are They "New Drugs"?, Cheryl Spector
Submissions from 1980
Deterring "Surface Bargaining": Employer Uncertainty and the Duty to Bargain in Good Faith, Irv Hepner
Special Litigation Committees - An Expanding and Potent Threat to Shareholder Derivative Suits, Robert P. Mulvey
No Class at All: An Examination of Federal Rule 23 and the EEOC, Richard L. Sadowsky
Submissions from 1979
The Right to Receive Information and Ideas Willingly Offered: First Amendment Protection for the Communication Process, James Putnam Abbott
Aquisitive Liquidations and Section 334(b)(2): Kimbell-Diamond and Beyond, Stephen B. Meister
Psychological Parenthood: Ties That are Thicker Than Blood, Shira Ruskay
In the Eyes of the Beholder: The Exercise of Equitable Discretion in Federal Habeas Corpus, David Zwiebel
