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 2014
We Are Not Who We Pretend to Be: ODR Alternatives to Online Impersonation Statutes, Kori Clanton
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
Chaperoning Love Online: Online Dating Liability and the Wavering Application of CDA § 230, Lindsey A. Datte
Trademark Protection in the New Internet Age: Template for Successful Legal Rights Objections in the gTLD Revolution, Kate Dolinska
A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein
Chapter 9 Bankruptcy in California: The Efficacy of Mandating Alternative Dispute Resolution in Municipal Bankruptcy Filings, Michael Galen
Thinking Outside the Box: Limiting the Collection of Rape Kit Evidence in Acquaintance Rape Trials, Taylor Gamble
Prisoner Facilitated Mediation: Bringing Peace to Prisons and Communities, Laurel Kaufer, Douglas E. Noll, and Jessica Mayer
Rebalancing Pay-for-Delay: Why No-Authorized Generic Agreements Should Be Subject to Higher Antitrust Scrutiny, David C. Kurlander
Lo and Behold!: Does Tolerated Use Give an Incentive to Plagiarize? An Example through the Music of Bob Dylan, Julie Levine
Asbestos Lawsuits in Russia: Bring One if You Can, Anna Linetskaya
(I Can't Get No) Satisfaction: Using Restorative Justice to Satisfy Victims' Rights, Jessica M. Marshall
Biased? Prove It: Addressing Arbitrator Bias and the Merits of Implementing Broad Disclosure Standards, Lindsay Melworm
The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled
Women, Water & Privatization: A Human Rights-Based Approach to Global Water Governance, Tara Pistilli
Fear and Failing in Family Court: Special Immigrant Juvenile Status and the State Court Problem, Jessica R. Pulitzer
Harm and the Fluid Nature of Identity in Wrongful Life Cases Involving Preimplantation Genetic Diagnosis, Matthew Reisman
Equal Opportunity to Parent: The Case for Offering Teenage Moms and Dads Family Leave in Secondary Schools, Jaryn Haskell Saritzky
FRCP 26 vs. FRE 408: Why Settlement Negotiations Should Be Privileged Against Third-Party Discovery, Andrew Sher
Brazil's Legacy of International Parental Child Abduction: Mediation Under the Hague Abduction Convention as a Solution, Paula Shulman
Mandatory Ultrasound Statutes and the First Amendment, Shifting the Constitutional Perspective, Cheri D. Smith
The Real World: Child Labor and Reality Television, Ariel Tacher
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria, Kyle Winnick
Bright Lights, Bright-Line: Toward Separation and Reformation of the Transformative Use Analysis, Jennifer Yeh
One-Off & Off-Hand: Developing an Appropriate Course of Liability in Threatening Online Mass Communication Events, Michael Barrett Zimmerman
Submissions from 2013
Beyond Bing: The Arthur Rule Lives on as the Touchstone for the New York State Right to Counsel, Adrienne Levy
Art or Signage?: The Regulation of Outdoor Murals and the First Amendment, Christina Chloe Orlando
Curbing Overzealous Prosecution of the Espionage Act: Thomas Andrews Drake and the Case for Judicial Intervention at Sentencing, Pamela Takefman
Rethinking ReDigi: How a Characteristics-Based Test Advances the "Digital First Sale" Doctrine Debate, Gregory Capobianco
Intellectual Property and the Protection of Indigenous Culture in the United States and New Zealand: An Effective Solution for Indigenous Communities?, Dinisha L. Fernando
Do No Harm: The Dispute Over Access to Health Care Between Israel and the Palestinian Territories, Emma Glazer
Dear Olympic Medalists, Thank You For Representing our Country in the Olympics, but It's Time to Pay Up!, Dena Guttmann
Substance vs. Form: Rethinking the Scope of Dodd-Frank's End-User Clearing Exception in Light of Systemic Risk, David Hamid
Protecting the Pachyderm: The Significance of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri
Not So Glamorous: Unveiling the Misrepresentation of Fashion Models' Rights as Workers in New York City, Alexandra R. Simmerson
Leveling the Playing Field: Student Athletes Are Employees of Their University, Justin C. Vine
Moment of Clarity: A Centrist Approach to Mortgage Lending, Yusuf Yusuf
Tylenol and an Ice Pack: An Inadequate Prescription for HIV/AIDS in Immigration Detention Centers, Carl Kenneth Lipscombe
Managing Fractions: The Role of Local Government in Regulating Unconventional Natural Gas Resources - Recommendations for New York, William Yukstas
But It Wasn't My Fault! The Scope of the Zoning Estoppel Doctrine, Simon J. Elkharrat
Protecting Juveniles' Right to Remain Silent: Dangers of the Thompkins Rule and Recommendations for Reform, Lauren Gottesman
Congressional Policy for Work Product Protection in Congressional Investigations, Jay Brody
What's Immoral about Monsanto?: Strengthening the Roots of the Moral Utility Requirement by Amending the U.S. Patent Act, Gary Gregory
The Political Question Doctrine in Private Military Company Liability Cases: Defining Claims to Ensure Accountability, Joelle D. Keypour
Quasi-Judicial Prosecutors and Post-Conviction Claims of Innocence: Granting Recusals to Make Impartiality a Reality, Rachel Pecker
"That's the Guy!": Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification, Gilbert M. Rein
"Every Move That She Makes": Copyright Protection for Stage Directions and the Fictional Character Standard, Deana S. Stein
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
Grossly Overbroad: The Unnecessary Conflict over Mixed Motives Claims in Title VII Anti-Retaliation Cases Resulting from Gross v. FBL Financial Services, Robert Tananbaum
What's Law Got To Do With It?: Why We Should Mediate, Rather Than Litigate, Cases of Wrongful Life, Shawna Benston
From The People's Court to American Idol: The Relationship between Reality Television and Arbitration, On-Air and Off, Jared Bloch
Hangover Effect: May I See Your Tattoo, Please?, Craig P. Bloom
Caught in a Bind: Reassuring Judicial Authority to Bind Non-Party Search Engines under Rule 65 in Counterfeit Goods Cases, Courtney Brown
Password Protection Now: An Elaboration on the Need for Federal Password Protection Legislation and Suggestions on How to Draft It, Timothy J. Buckley
Role-Modeling: How the Americans with Disabilities Act Blocks BMI-Based Hiring Bans in the United States, Sarah Budow
Crisis Pregnancy Centers: Impeding the Right to Informed Decision Making, Alice X. Chen
The "State Of Necessity" Defense: A Burden, Not a Blessing to the International Investment Arbitration System, Kelley Chubb
The Extension of the Presumption of Legitimacy to Same-Sex Couples in New York, Alexandra Eisman
Personal Factory or Catalyst for Piracy? The Hype, Hard Realities of Consumer 3-D Printing, Charles W. Finocchiaro
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody
The Right to Palimony: Why New York Should Change its Law to Enforce Claims Between Unmarried Cohabitants, Ashley Frankel
Protecting the Innocent - The Need to Adapt Federal Asset Forfeiture Laws to Protect the Interests of Third Parties in Digital Asset Seizures, Elizabeth Friedler
Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate a Lack of Judicial Review of the American Beth Din System, Raquel J. Greenberg
Front-of-Package Nutrition Claims: Trustworthy Facts or Deceptive Marketing? Closing the Loopholes in Labeling, Kathryn E. Hayes
Waiving Goodbye to Due Process: The Juvenile Waiver System, Rachel Jacobs
The Goldilocks Principle and Informed Consent in Joint-Spouse Representation, Madison Kaplan
Why Can't We Be (F)rands?: The Effect of Reasonable and Non-Discriminatory Commitments on Standard-Essential Patent Licensing, Robert D. Keeler
Finding Reality in the Right of Publicity, Lindsay Korotkin
Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin
"A Right to Be Spared Unhappiness": Images of Death and the Expansion of the Relational Right of Privacy, Catherine Leibowitz
Terry Jones and Global Free Speech in the Internet Age, G. Aaron Leibowitz
Born Lost: Stateless Children in International Surrogacy Arrangements, Tina Lin
The Second Circuit’s En Banc Crisis, Mario Lucero
The Savior of Aggregate Litigation: The Giving Green Tree, Matthew Maggiacomo
Family Court Mediation After the Financial Crisis: A Struggle Worth New York's Attention, Jessica G. Mayer
Resale Royalties for Visual Artists: The United States Taking Cues from Europe, Toni Mione
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
Refashioning the Right of Publicity: Protecting the Right to LFse Your Name After Selling a Personal Name Trademark, Francesca M. Montalvo
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
Graffiti Artists “Get Up” in Intellectual Property’s Negative Space, Al Roundtree
Hawaiian Land Disputes: How the Uncertainty of the Native Hawaiian Indigenous Tribal Status Exacerbates the Need for Mediation, Donna S. Salcedo
The Crisis of Over-Medicating Children in Foster Care: Legal Reform Recommendations for New York, Jessica Setless
Employee Benefits Law: The Hidden Gap Enabling Sexual Orientation Discrimination in Employment, Jason E. Shapiro
Unlikely Partners: Tort Law as a Tool for Trans Activism, Courtney Sirwatka
@SocialMedia: Speech with a Click of a Button? #SocialSharingButtons, Alicia D. Sklan
Defamation and False Rape Claims: Policies, Attitudes, and Suggested Reform in the United States and the United Kingdom, Claire Steinman
Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?, Christopher Tao
Sex-parate But Equal? The Legality of Single-Sex Public Schools and their Discriminatory Effect on Transgender Students, Bryana Turner
Is ADR the Solution? How ADR Gets Around the Get Controversy in Jewish Divorce, Aviva Vogelstein