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 2014

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We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes, Kori Clanton

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The War on Drugs is Over (If You Want It): State Drug Courts as an Alternative to Criminal Courts for Low-Level Nonviolent Drug Offenders, Blake Courlang

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Chaperoning Love Online: Online Dating Liability and the Wavering Application of CDA § 230, Lindsey A. Datte

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Trademark Protection in the New Internet Age: Template for Successful Legal Rights Objections in the gTLD Revolution, Kate Dolinska

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A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein

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Liberty and Justice for All? Protecting the Right to Privacy for Incapacitated Individuals: The Need for Comprehensive Sterilization Legislation in All Fifty States, Mindy K. Fersel

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Chapter 9 Bankruptcy in California: The Efficacy of Mandating Alternative Dispute Resolution in Municipal Bankruptcy Filings, Michael Galen

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Thinking Outside the Box: Limiting the Collection of Rape Kit Evidence in Acquaintance Rape Trials, Taylor Gamble

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Prisoner Facilitated Mediation: Bringing Peace to Prisons and Communities, Laurel Kaufer, Douglas E. Noll, and Jessica Mayer

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Rebalancing Pay-for-Delay: Why No-Authorized Generic Agreements Should Be Subject to Higher Antitrust Scrutiny, David C. Kurlander

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Lo and Behold!: Does Tolerated Use Give an Incentive to Plagiarize? An Example through the Music of Bob Dylan, Julie Levine

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Asbestos Lawsuits in Russia: Bring One if You Can, Anna Linetskaya

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(I Can't Get No) Satisfaction: Using Restorative Justice to Satisfy Victims' Rights, Jessica M. Marshall

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Biased? Prove It: Addressing Arbitrator Bias and the Merits of Implementing Broad Disclosure Standards, Lindsay Melworm

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Shopping for Gender: The Unlawfulness of an Unregulated Market for Prenatal Gender Selection and Selective Gender Abortion, Eujean Park

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The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled

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Women, Water & Privatization: A Human Rights-Based Approach to Global Water Governance, Tara Pistilli

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Fear and Failing in Family Court: Special Immigrant Juvenile Status and the State Court Problem, Jessica R. Pulitzer

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Harm and the Fluid Nature of Identity in Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman

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Equal Opportunity to Parent: The Case for Offering Teenage Moms and Dads Family Leave in Secondary Schools, Jaryn Haskell Saritzky

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Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty, Laura C. Sayler

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FRCP 26 vs. FRE 408: Why Settlement Negotiations Should Be Privileged Against Third-Party Discovery, Andrew Sher

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Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution, Paula Shulman

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Mandatory Ultrasound Statutes and the First Amendment, Shifting the Constitutional Perspective, Cheri D. Smith

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The Real World: Child Labor and Reality Television, Ariel Tacher

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Give Me Internet or Give Me Death: Analyzing the Constitutionality of Internet Restrictions as a Condition of Supervised Release for Child Pornography Offenders, Laura Tatelman

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The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay

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International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria, Kyle Winnick

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Bright Lights, Bright-Line: Toward Separation and Reformation of the Transformative Use Analysis, Jennifer Yeh

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One-Off & Off-Hand: Developing an Appropriate Course of Liability in Threatening Online Mass Communication Events, Michael Barrett Zimmerman

Submissions from 2013

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Beyond Bing: The Arthur Rule Lives on as the Touchstone for the New York State Right to Counsel, Adrienne Levy

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Art or Signage?: The Regulation of Outdoor Murals and the First Amendment, Christina Chloe Orlando

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Curbing Overzealous Prosecution of the Espionage Act: Thomas Andrews Drake and the Case for Judicial Intervention at Sentencing, Pamela Takefman

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Rethinking ReDigi: How a Characteristics-Based Test Advances the "Digital First Sale" Doctrine Debate, Gregory Capobianco

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The Disclaimer Dichotomy: A First Amendment Analysis of Compelled Speech in Disclosure Ordinances Governing Crisis Pregnancy Centers and Laws Mandating Biased Physician Counseling, Molly Duane

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Intellectual Property and the Protection of Indigenous Culture in the United States and New Zealand: An Effective Solution for Indigenous Communities?, Dinisha L. Fernando

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Do No Harm: The Dispute Over Access to Health Care Between Israel and the Palestinian Territories, Emma Glazer

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Dear Olympic Medalists, Thank You For Representing our Country in the Olympics, but It's Time to Pay Up!, Dena Guttmann

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Substance vs. Form: Rethinking the Scope of Dodd-Frank's End-User Clearing Exception in Light of Systemic Risk, David Hamid

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Protecting the Pachyderm: The Significance of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri

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Not So Glamorous: Unveiling the Misrepresentation of Fashion Models' Rights as Workers in New York City, Alexandra R. Simmerson

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Leveling the Playing Field: Student Athletes Are Employees of Their University, Justin C. Vine

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Moment of Clarity: A Centrist Approach to Mortgage Lending, Yusuf Yusuf

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Tylenol and an Ice Pack: An Inadequate Prescription for HIV/AIDS in Immigration Detention Centers, Carl Kenneth Lipscombe

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Managing Fractions: The Role of Local Government in Regulating Unconventional Natural Gas Resources - Recommendations for New York, William Yukstas

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But It Wasn't My Fault! The Scope of the Zoning Estoppel Doctrine, Simon J. Elkharrat

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Protecting Juveniles' Right to Remain Silent: Dangers of the Thompkins Rule and Recommendations for Reform, Lauren Gottesman

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Health Exchange Federalism: Striking the Balance Between State Flexibility and Consumer Protection in ACA Implementation, Sam Solomon

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Congressional Policy for Work Product Protection in Congressional Investigations, Jay Brody

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What's Immoral about Monsanto?: Strengthening the Roots of the Moral Utility Requirement by Amending the U.S. Patent Act, Gary Gregory

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The Political Question Doctrine in Private Military Company Liability Cases: Defining Claims to Ensure Accountability, Joelle D. Keypour

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Divorce and Domestic Violence in the United States: A Focus on New York State's Adoption of No-Fault Legislation and Its Impact on the Incidence of Domestic Violence, Ali Kunen

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Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to Make Impartiality a Reality, Rachel Pecker

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Closing a Loophole in Musicians' Rights: Why Digital Remasters of Analog Sound Recordings Are Not Derivative Works Protected by the Copyright Act, Jon Peritz

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"That's the Guy!": Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification, Gilbert M. Rein

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"Every Move That She Makes": Copyright Protection for Stage Directions and the Fictional Character Standard, Deana S. Stein

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Why Can't We Be Friends?: How Far Can the State Go in Restricting Social Networking Communications Between Secondary School Teachers and Their Students?, Elise Rosen Puzio

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Grossly Overbroad: The Unnecessary Conflict over Mixed Motives Claims in Title VII Anti-Retaliation Cases Resulting from Gross v. FBL Financial Services, Robert Tananbaum

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What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases of Wrongful Life, Shawna Benston

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From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off, Jared Bloch

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Hangover Effect: May I See Your Tattoo, Please?, Craig P. Bloom

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Caught in a Bind: Reassuring Judicial Authority to Bind Non-Party Search Engines under Rule 65 in Counterfeit Goods Cases, Courtney Brown

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Password Protection Now: An Elaboration on the Need for Federal Password Protection Legislation and Suggestions on How to Draft It, Timothy J. Buckley

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Role-Modeling: How the Americans with Disabilities Act Blocks BMI-Based Hiring Bans in the United States, Sarah Budow

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Crisis Pregnancy Centers: Impeding the Right to Informed Decision Making, Alice X. Chen

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The "State Of Necessity" Defense: A Burden, Not a Blessing to the International Investment Arbitration System, Kelley Chubb

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The Extension of the Presumption of Legitimacy to Same-Sex Couples in New York, Alexandra Eisman

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Personal Factory or Catalyst for Piracy? The Hype, Hard Realities of Consumer 3-D Printing, Charles W. Finocchiaro

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Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody

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The Right to Palimony: Why New York Should Change its Law to Enforce Claims Between Unmarried Cohabitants, Ashley Frankel

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Protecting the Innocent - The Need to Adapt Federal Asset Forfeiture Laws to Protect the Interests of Third Parties in Digital Asset Seizures, Elizabeth Friedler

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Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate a Lack of Judicial Review of the American Beth Din System, Raquel J. Greenberg

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Front-of-Package Nutrition Claims: Trustworthy Facts or Deceptive Marketing? Closing the Loopholes in Labeling, Kathryn E. Hayes

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Waiving Goodbye to Due Process: The Juvenile Waiver System, Rachel Jacobs

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The Goldilocks Principle and Informed Consent in Joint-Spouse Representation, Madison Kaplan

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Why Can't We Be (F)rands?: The Effect of Reasonable and Non-Discriminatory Commitments on Standard-Essential Patent Licensing, Robert D. Keeler

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Finding Reality in the Right of Publicity, Lindsay Korotkin

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Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin

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"A Right to Be Spared Unhappiness": Images of Death and the Expansion of the Relational Right of Privacy, Catherine Leibowitz

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Terry Jones and Global Free Speech in the Internet Age, G. Aaron Leibowitz

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Born Lost: Stateless Children in International Surrogacy Arrangements, Tina Lin

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The Second Circuit’s En Banc Crisis, Mario Lucero

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The Savior of Aggregate Litigation: The Giving Green Tree, Matthew Maggiacomo

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Family Court Mediation After the Financial Crisis: A Struggle Worth New York's Attention, Jessica G. Mayer

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Resale Royalties for Visual Artists: The United States Taking Cues from Europe, Toni Mione

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The Age of (Guilt Or) Innocence: Using ADR to Reform New York's Juvenile Justice System in the Wake of Miller v. Alabama, Morgan Molinoff

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Refashioning the Right of Publicity: Protecting the Right to LFse Your Name After Selling a Personal Name Trademark, Francesca M. Montalvo

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Information Overload: Why Omnipresent Technology and the Rise of Big Data Shouldn’t Spell the End for Privacy as We Know It, Devin W. Ness

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Graffiti Artists “Get Up” in Intellectual Property’s Negative Space, Al Roundtree

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Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation, Donna S. Salcedo

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The Crisis of Over-Medicating Children in Foster Care: Legal Reform Recommendations for New York, Jessica Setless

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Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination in Employment, Jason E. Shapiro

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Unlikely Partners: Tort Law as a Tool for Trans Activism, Courtney Sirwatka

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@SocialMedia: Speech with a Click of a Button? #SocialSharingButtons, Alicia D. Sklan

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No Longer Left To Their Own Devices: Utilizing and Facilitating Mediation to Give Students Access to Assistive Technology, Eric Slepak

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Defamation and False Rape Claims: Policies, Attitudes, and Suggested Reform in the United States and the United Kingdom, Claire Steinman

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Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?, Christopher Tao

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Sex-parate But Equal? The Legality of Single-Sex Public Schools and their Discriminatory Effect on Transgender Students, Bryana Turner

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Is There Blood on Your Hands-Free Device?: Examining Legislative Approaches to the Conflict Minerals Problem in the Democratic Republic of Congo, Emily Veale

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Is ADR the Solution? How ADR Gets Around the Get Controversy in Jewish Divorce, Aviva Vogelstein