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 2009
Ianfu: No Comfort Yet for Korean Comfort Women and the Impact of House Resolution 121, James Ladino
The Funny Thing About Mediation: A Rationale for the Use of Humor in Mediation, Whitney Meers
Licensing Technology to the BRICS: The Case for ADR, Aaron Pereira
Barriers to Freedom: Continued Failure of U.S. Immigration Laws to Offer Equal Protection to Immigrant Battered Women, Katerina Shaw
Alternative Dispute Resolution in Small Consensual Litigation: Too Much of a Good Thing?, Mark S. Simms
Eye of the Tiger: China Will Rise Up to the Challenge of its Rivals, Benjamin S. Thompson
Coping with Combat Claims: An Analysis of the Foreign Claims Act's Combat Exclusion, Jordan Walerstein
The Triumph of Confucianism: How a Subjugated Legal System is Failing a Generation of Chinese Women and Girls, YuFan Stephanie Wang
Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement, Yael Weitz
Judges Gone Wild: Why Breaking the Mediation Confidentiality Privilege for Acting in "Bad Faith" Should be Reevaluated in Court-Ordered Mandatory Mediation, Samara Zimmerman
Submissions from 2008
Rights Without Remedy: The Myth of State Court Accessibility After the Prison Litigation Reform Act, Alison Brill
From the Runway to the Courtroom: How Substantial Similarity Is Unfit for Fashion, Victoria Elman
A Taxing Statute: Costly Conjuncts and their Logical Fallout, Timothy Deering
Punishing Aggressors in U.S. Courts: Will the Act of State Doctrine Bar National Prosecution of the Crime of Aggression?, Gergana Halpern
International Coffee Regulation: A Comparison of the International Coffee Organization and the Fair Trade Coffee Regimes, Scott B. Weese
Knowledge or Purpose? The Khulumani Litigation and the Standard for Aiding and Abetting Liability Under the Alien Tort Claims Act, Shriram Bhashyam
Finding Fault: Implications of Importing the Title VII Standard for Vicarious Punitive Liability to the Fair Housing Act, Jessica Reingold Katz
The Simpsons, 24, and the Law: How Homer Simpson and Jack Bauer Influence Congressional Lawmaking and Judicial Reasoning, Steven Keslowitz
Intestate Inheritance Claims: Determining a Child's Right to Inherit When Biological and Presumptive Paternity Overlap, Megan Pendleton
Aging Out of Foster Care: Enforcing the Independent Living Program Through Contract Liability, Jennifer Sapp
Substantial Evidence in the Law of International Trade: Meaningful Judicial Review of Antidumping Actions or Perpetuation of the Yo-Yo Effect?, Bryan A. Edens
MySpace in a Post-Grokster World: Digital Finger Pointing for Offenses Perpetrated Through Use of Social Networking Sites After MGM v. Grokster, Cheryl J. Eisner
Resolving the Presidential Signing Statement Controversy: New York State as a Separation of Powers Laboratory, Kristien G. Knapp
A Proposal to Replace the Subconscious Copying Doctrine, Carissa L. Alden
Stray Remarks and Mixed-Motive Cases After Desert Palace v. Costa: A Proximity Test for Determining Minimal Causation, Ezra S. Greenberg
Redefining the Question: Applying a Hierarchical Structure to the Mens Rea Requirement for Section 875(c), Karen Rosenfield
Divorce Mediation - Limiting the Profession to Family/ Matrimonial Lawyers, Jaime Abraham
Letting "Privates" Be Private: Toward a Right of Gender SelfDetermination, Samuel E. Bartos
Wedlock, Blood Relationship, and Citizenship, Logan Bobo
Reporting Sexual Assault of Women in the Military, Jodie Friedman
Inflating Goodyear's Bottom Line: Paying Women Less and Getting Away With It, Amalia Goldvaser
Rejection of the Need for Informed Consent in Prostate Tissue Sample Research, William Hanes
Incest and Sex Offender Registration: Who is Registration Helping and Who is it Hurting?, Jocelyn Ho
Introduction, Rachel Kalman
Creating a Proper Incentive Structure: A Case Study of Ledbetter v. Goodyear Tire & Rubber Co., Young Eun Lee
Change of Sex Designation on Transsexuals' Birth Certificates: Public Policy and Equal Protection, Stephanie Markowitz
The Changing Faces of Women's Colleges: Striking a Balance Between Transgender Rights and Women's Colleges' Right to Exclude, Cathy Perifimos
Strict Liability and Negligent Rape: Or How I Learned to Start Worrying and Question the Criminal Justice System, Dini Rosenbaum
ADR in the Music Industry: Tailoring Dispute Resolution to the Different Stages of the Artist-Label Relationship, Kaleena Scamman
Employer Liability Under Title VII: Creating an Employer Affirmative Defense for Retaliation Claims, Steven Seidenfeld
Amending the Massachusetts Parental Notification Statute, Yuval Simchi-Levi
Lesbian, Gay, Bisexual, and Transgender Youth in the Juvenile Justice System: Incorporating Sexual Orientation and Gender Identity into the Rehabilitative Process, Heather Squatriglia
Baby Steps to "Grown-Up" Divorce: The Introduction of the Collaborative Family Law Center and the Continued Need for True No-Fault Divorce in New York, Gabriella L. Zborovsky
Submissions from 2007
It's Just Not Cricket: Is the Principle of Reciprocity Being Honored in the U.S.-U.K. Extradition Treaty?, Richard Goldberger
Securities Class Action Abuse: Protecting Small Plaintiffs' Big Money, Russell Kamerman
Silenced: The Search for a Legally Accountable Censor and Why Sanitization of the Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Recording Satellite Radio - Adapting to Modern Technology or Infringing Copyright?, Jason A. Auerbach
A Helping Hand: Addressing New Implications of the Espionage Act on Freedom of the Press, Laura Barandes
Separating Civil Unions and Religious Marriage-A New Paradigm For Recognizing Same-Sex Relationships, Dov Berger
The Practicability of Amnesty As a Non-Prosecutory Alternative in Post-Conflict Uganda, Kathleen Ellen MacMillan
Recalibrating Depravity in a Feingold Regime: Why New York Courts Should Maintain Register's Approach to Depraved Indifference in Cases of Murder by Abuse, Carrie L. Maylor
"Prologue To a Farce?" A Historical Perspective on the AIPAC Case and the Applicability of the Espionage Act to Journalists, Peter Shapiro
Straddling the Line of Medical Malpractice: Why There Should Be a Private Cause of Action Against Physicians via EMTALA, Lawrence Bluestone
Don't Sweat It: Copyright Protection for Yoga ... Are Exercise Routines Next?, Karolina Jesien
The Negative Effect of Pharmaceutical Patents on South African Industry, Chenxi Jiao
Means to Legitimate Ends: Same-Sex Marriage Through the Lens of Illegitimacy-Based Discrimination, Benjamin G. Ledsham
An Examination of Guest Worker Immigration Reform Policies in the United States, Merav Lichtenstein
Birds of an Illegal Feather: Prostitution and Paid Pornography Should Be Criminalized Together, Zachary David Streit
Negotiated Shame: An Inquiry into the Efficacy of Settlement in Imposing Publicity Sanctions on Corporations, Joshua Andrix
Difficult, Duplicative and Wasteful?: The NASD's Prohibition of Class Action Arbitration in the Post-Bazzle Era, Matthew Eisler
Tool of the Trademark: Brand Criticism and Free Speech Problems with the Trademark Dilution Revision Act of 2006, Jesse A. Hofrichter
Battling Breast Cancer: New York's Laws Are Not Enough, Tara Arschin
French Headscarves and the U.S. Constitution: Parents, Children, and Free Exercise of Religion, Christina A. Baker
What Does Accidental Mean?: Autoerotic Asphyxiation as an Illustration of the Problems Affecting Accident Insurance, Gabriel Burnham
The Safety Net Revisited? The Continuing Impact of Welfare Reform in New York City and Nationwide, Laura R. Goldin
Judicial Selection as it Relates to Gender Equality on the Bench, Adam Goldstein
Women and Weight-Based Employment Discrimination, Alexandra W. Griffin
Makeup for Success: Why Jespersen v. Harrah's Stifles Diversity By Promoting Stereotypes in Employment, Alison J. Hartwell
A Feminist Human Rights Law Approach for Engendering the Millennium Development Goals, Christina T. Holder
The Market-Participant Exception and the Dormant Foreign Commerce Clause, J. T. Hutchens
Sex Required: The Impact of Massachusetts' Same-Sex Marriage Cases on Marriages with Intersex and Transsexual Partners, Aleks Kajstura
Forced Medication and the Need to Protect the Rights of the Mentally Ill Criminal Defendant, Emily C. Lieberman
Of All the Things I've Lost, I Miss My Marbles the Most! An Alternative Approach to the Epic Problem of the Elgin Marbles, Melineh S. Ounanian
The Internal Revenue Service and Alternative Dispute Resolution: Moving from Infancy to Legitimacy, David Parsly
News Media as Mediators, Carol Pauli
Apology in the Context of Wrongful Conviction: Why the System Should Say It's Sorry, Abigail Penzell
Strike Three - You're Out! Revamping the New York State Taylor Law in Response to Three Transport Workers' Strikes, Erin Audra Russ
Reading Is Fundamental: Why the No Child Left Behind Act Necessitates Recognition of a Fundamental Right to Education, Michael Salerno
Healing a Fractured Community: The Use of Community Sentencing Circles in Response to Hate Crimes, Brian Sapir
Langan v. St. Vincent Hospital: A Fearful Court or a Properly Measured Response?, Jeniffer Viscarra
HIV Testing of Pregnant Women: Why Present Approaches Fail to Reach the Desired Objective & The Unconsidered Option, Michelle Yuen
Submissions from 2006
The Next Step in Interpreting Criminal Forfeiture, Avital Blanchard
The Limits of Bankruptcy Code Preemption: Debt Discharge and Voidable Preference Reconsidered in Light of Sherwood Partners, Alan J. Feld
Barbarians at the Ballot Box: The Use of Hedging to Acquire Low Cost Corporate Influence and Its Effect on Shareholder Apathy, Jonathan J. Katz
Is a Giant Inflatable Rat an Unlawful Secondary Picket Under Section 8(b)(4)(ii)(B) of the National Labor Relations Act?, Tzvi Mackson-Landsberg
Exactions: Exploring Exactly When Nollan and Dolan Should Be Triggered, Jane C. Needleman
An Unwarranted Disparity: Granting Fast-Track Departures in Non-Fast-Track Districts, Evan W. Bolla
Two Constitutional Wrongs Do Not Make a Right: Double Jeopardy and Prosecutorial Misconduct Under the Brady Doctrine, Adam M. Harris
A New Test for Obviousness in Combination Patents: Economic Synergy, Tamir Packin
Refining the Production Burden for "Regarded as Disabled" Claimants, Jennifer Schechter Sharret
