Elisabeth Haub School of Law Student Publications | School of Law | Pace University

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Elisabeth Haub School of Law Student Publications

Submissions from 2011 2011

Prison Ain’t Hell: An Interview with the Son of Sam—David Berkowitz, and Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate the Establishment Clause, Rebekah Binger

Jones v. Harris Associates: Shareholders’ Consolation Prize in the Mutual Fund Fee Debate, Nicole Grospe

An Argument for the Deletion of the Crime of Aggression from the Rome Statute of the International Criminal Court, Steven Nicholas Haskos

Band-Aid Solutions: New York’s Piecemeal Attempt to Address Legal Issues Created by DOMA in Conjunction with Advances in Surrogacy, James Healy

Felony Animal Cruelty Laws in New York, Stephen Iannacone

Military Burn Pits in Iraq and Afghanistan: Considerations and Obstacles for Emerging Litigation, Kate Donovan Kurera

Intersexuality and Gender Verification Tests: The Need to Assure Human Rights and Privacy, Stacy Larson

The Ethical Dilemma of a Special Education Lawyer: Who is the Client?, Jillian Petrera

"Screening” New York’s New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert

Electric Vehicles and Time-of-Use Rates: The Impending Role of the New York State Public Service Commission in Regulating Our Transportation Future, Jake Seligman

No Dwelling Left Behind: Expanding New York’s Uniform Housing Statutes to Single and Two-Family Dwellings, Daniel R. Shortt

The Digital Millennium Copyright Act: The Future of the Safe Harbor Provision, Jennette Wiser, Kristin Luciano, Christopher Psihoules, and Caesar Lopez

Submissions from 2010 2010

The Future of the International Criminal Court: The Long Road to Legitimacy Begins with the Trial of Thomas Lubanga Dyilo, Sara Anoushirvani

Article XIV, Agriculture, and Keeping New York’s Wilderness Wild, Hilary Atkin

Wildlife Management and the Forest Preserve, Jeffrey Auger

The Supreme Court’s Rationale in Capital Cases: A One Way Street?, Kimberly Bliss

Two Endangered Species in the Adirondacks in the Context of Constitutional “Wilderness”, Michael A. DiBrizzi

Concerning the Constitutionality of Hydro-Fracking the Marcellus Shale, Sean Dillon

Losing Your Head in the Washer – Why the Brainwashing Defense Can Be a Complete Defense in Criminal Cases, Rebecca Emory

Legislative History and Current Bills Related to the Constitution Convention, Michael Friese

“Forever Wild”: Legal Aspects of Natural Resource Extraction In and Around the New York State Forest Preserve, Michael D. Henderson

What Is Reasonable Cause To Believe?: The Mens Rea Required For Conviction Under 21 U.S.C. § 841, Jonathan L. Hood

Historic Preservation and the Wilderness, Seth Kagan

A Trusting Public: How the Public Trust Doctrine Can Save the New York Forest Preserve, Katherine R. Leisch

Playing the Blame Game, Online: Who is Liable when Counterfeit Goods are Sold Through Online Auction Houses?, Todd Evan Lerner

No Second Chances: Leandra's Law and Mandatory Alcohol Ignition Interlocks for First-Time Drunk Driving Offenders, Joseph Marutollo

Blue Skies Ahead: Auction Rate Securities and the Need for a Private Right of Action for New York Investors, Stephanie Myers

Three Sheets to the Wind: An Intersection of the Renewable Energy Production Tax Credit, Congressional Political Posturing, and an Unsustainable Energy Policy, Christopher Riti

History of New York State’s “Forever Wild” Forest Preserve and the Agencies Charged with Carrying out Article XIV’s Mandate, Jessica B. Silver

Can the United States Talk the Talk & Walk the Walk when It Comes to Libel Tourism: How the Freedom to Sue Abroad Can Kill the Freedom of Speech at Home, Tara Sturtevant

Interpreting Article XIV of the New York Constitution: The Legal Measures That Mandate Sustainable Economic Development and Maintenance of Forever-Wild Forest in the Adirondacks, Chih-Yao Sun

Video Game Piracy in the Philippines: A Narrowly Tailored Analysis of the Video Game Industry & Subculture, Jennifer Kim Vitale

Submissions from 2009 2009

The Regulation of Greenhouse Gas Emissions by New York State from a Legal Perspective: Is a Tax or Market-Based System Optimal?, Christopher Aung

Israel's Transboundary Water Disputes, Philip A. Baumgarten

Cross-Endorsement by Political Parties: A "Very Pretty Jungle"?, Celia Curtis

How States and Municipalities Can Retain the Power to Regulate Rail Carrier-Owned Solid Waste Transfer Facilities in the Context of the Metro Enviro Transfer, LLC v. Village of Croton-on-Hudson and Buffalo Southern Railroad, Inc. v. Village of Croton-on-Hudson Decisions, Christina Hawkins

Attorneys' Fees In Environmental Citizen Suits and the Economically Benefited Plaintiff: When Are Attorneys' Fees and Costs Appropriate?, Michel Lee

The Pirate Party and the Pirate Bay: How the Pirate Bay Influences Sweden and International Copyright Relations, Miaoran Li

Claims of Political Asylum Based on Non-Physical Forms of Harm Such as Economic Sanctions and Deprivations, Dessi Mathew

Beyond Our Borders: The International Law Controversy Concerning the Writ of Habeas Corpus and Guanta´Namo Bay, Michael Palitz

An End to Grazing Lease Litigation: An Examination of Alternative Dispute Resolution Schemes that Could Resolve the Overgrazing Dispute on State and Federally Owned Rangelands in the Western United States, Jamie Pool

Finding the Middle Ground: Acuna v. Turkish and the New Jersey Supreme Court's Reaffirmation of a Doctor's Role Under the Doctrine of Informed Consent in the Digital Age, Allyson M. Rucinski

In Search of a Cause: Addressing the Confusion in Proving Causation of a Public Nuisance, Steven Sarno

The European Directive on the Protection of Groundwater: A Model for the United States, Richard Thomas

UNHCR's Involvement in the Great Lakes Refugee Crisis, Kristen Wagner

Submissions from 2008 2008

Don't Take My Sunshine Away: Right-to-Light and Solar Energy in the Twenty-First Century, Tawny L. Alvarez

Morse v. Frederick: Evaluating a Supreme Hit to Students' First Amendment Rights, Kellie A. Cairns

Iraq as a Psychological Quagmire: The Implications of Using Post-Traumatic Stress Disorder as a Defense for Iraq War Veterans, Erin M. Gover

Organic Plus: Regulating beyond the Current Organic Standards , Kate L. Harrison

Death Becomes the State: The Death Penalty in New York State - Past, Present and Future, Deborah L. Heller

Treibacher Industrie, A.G. v. Allegheny Technologies, Inc.: A Perspective on the Lacluster Implementation of the CISG by American Courts, Trevor Perea

Down but Not Out: How School Districts May Utilize Race-Conscious Student Assignments in the Wake of Parents Involved in Community Schools v. Seattle School District No. 1, Michael A. Stevens

Agency Inaction and the Regulatory Commons Theory: Lessons from New York State's Experience with Dry Cleaner Co-Location , John A. Vassallo III

Balancing Individual and Societal Interests Under the First Amendment: How the Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini

Submissions from 2007 2007

Minding the Public Interest: How the Not-So-Effective Standard Has Led to the Destruction of Wetlands in Louisiana, Megan Bierlein

Can a Jury Believe My Eyes, and Should Courts Let Experts Tell Them Why Not? The Admissibility of Expert Testimony on Cross-Racial Eyewitness Identification in New York after People v. Young, Jody E. Frampton

Discharge Planning for Mentally Ill Inmates in New York City Jails: A Critical Evaluation of the Settlement Agreement of Brad H. v. City of New York, Doug Jones

Standing to Sue in Another's Shoes: Can an Assignee of an Accrued Copyright Infringement Claim with No Other Interest in the Copyright Itself Sue for the Infringement?, Wenjie Li

Pangaea: Converging Global Approaches to Bundled Brokerage and Soft Dollar Practices, Andrew R. Mannarino

A Reconsideration of Haitian Claims for withholding of Removal under the Convention against Torture, Henry Mascia

Balancing Freedom of Speech with the Right to Privacy: How to Legally Cope with the Funeral Protest Problem , Anna Zwierz Messar

United States v. Scott: Should a Pre-Trial Releasee Be Subject to Fourth Amendment Searches and Seizures Based on Probable Cause or Reasonable Suspicion?, Gina M. Muccio

EU Membership and an Independent Basque State, Lindsay Murphy

Kelo's Wake: In Search of a Proportional Benefit, Jennie C. Nolon

Filling the Void in an Otherwise Occupied Field: Using Federal Common Law to Regulate Carbon Dioxide in the Absence of a Preemptive Statute , Sarah Olinger

Seeing the Forest for the Treaties - Evolving Debates on CDM Forest and Forestry Project Activities 10 Years After the Kyoto Protocol, Romulo Sampaio

The Taking of America?, Stefanie Sovak

A Sign-Post Without Any Sense of Direction: The Supreme Court's Dance around the Inevitable Discovery Doctrine and the Exclusionary Rule in Hudson v. Michigan, David A. Stuart

Hogwash! Why Industrial Animal Agriculture is Not beyond the Scope of Clean Air Act Regulation , Sarah C. Wilson

The BRAC Act, the State Militia Charade, and the Disregard of Original Intent, Nathan Zezula

Submissions from 2006 2006

Olowo v. Ashcroft: Granting Parental Asylum Based on a Child's Refugee Status, Meredith Aherne

Can the Pope Be a Defendant in American Courts? The Grant of Head of State Immunity and the Judiciary's Role to Answer This Question, Dina Aversano

Judicial Notification: A Simple Solution to Ensure Compliance with the Vienna Convention on Consular Relations, Michael Candela

Civil Liberties for Urban Believers v. City of Chicago: A Defining Case for the Substantial Burden Test under the Religious Land Use and Institutionalized Persons Act Note, Noelle V. Crisalli

Military Inc.: Regulating and Protecting the "A-Team[s]" of the Post-Modern Era, Matt Heibel

Inclusionary Zoning in Westchester County, New York: Is It a Viable Tool to Reduce a County-Wide Housing Crisis?, Ann S. Matthews

Are Courts Taking Internet Threats Seriously Enough? An Analysis of True Threats Transmitted over the Internet, as Interpreted in United States v. Carmichael, Amy E. McCann

Walking a Fine Line: Are SSRIs Really Depression Wonder Drugs or Threats to Patient Safety?, Aisling V. O'Sullivan

Is There a Compelling Interest to Compel ? Examining Pre-Hearing Subpoenas under the Federal Arbitration Act, Dean W. Sattler

Difficulties Implementing the Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption: A Criticism of the Proposed Ortega's Law and an Advocacy for Moderate Adoption Reform in Guatemala, Katherine Sohr

Waking the Sleeping Giant: Analyzing New Jersey's Pursuit of Natural Resource Damages from Responsible Polluting Parties in the Lower Passaic River , John Tomlin

Reconciling Globalization and Extraterritorial Application of the Lanham Act: An Analysis of McBee v. Delica, Co., Tom Villecco

Submissions from 2005 2005

Prescription Ethics: Can States Protect Pharmacists Who Refuse to Dispense Contraceptive Prescriptions?, Maryam T. Afif

The Presumption of Innocence: Why Should the Accused Care Whether He Is Being Detained before Trial for Regulatory or Punitive Reasons? Jail Is still Jail: Re-examining the Judicial Gloss That Has Diluted the Bail Reform Act, Raymond E. Gazer

The Application of Japanese Article 35 regarding Reasonable Compensation for Patents by Employed Inventors in Syuji Nakamura v. Nichia Corporation, Jean E. Healy

The Disparity in Treatment of International Custody Disputes in American Courts: A Post-September 11th Analysis, Lexi Maxwell

Recording Industry Missteps: Suing Anonymous Filesharers as a Last Resort, Nicholas M. Menasche

Claims by Non-Citizens under the Americans with Disabilities Act: Proper Extraterritorial Application in Torrico v. International Business Machines, Michelle Shender

Securities, Scienter & Schizophrenia: Should the Efficacy of Compliance Initiatives within Multi-Service Investment Firms Be Used to Determine Scienter for 10b-5 Violations Under Federal Securities Law?, David Ian Wishengrad

Recent Interpretation of 28 U.S.C. § 1782(A) by the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc.: The Effects on Federal District Courts, Domestic Litigants, and Foreign Tribunals and Litigants, Mousa Zalta

Submissions from 2004 2004

The Blame Game: Analyzing Constitutional Limitations Imposed on Legislation Restricting Violent Video Game Sales to Minors after St. Louis, Colleen Carey

The End of an Evolution: From Air France v. Saks to Olympic Airways v. Husain - The Term "Accident" under Article 17 of the Warsaw Convention Has Come Full Circle, Domenica DiGiacomo

The Power of a Patent: The Impact of Intellectual Property Protections in the Free Trade Area of the Americas Agreement on the Plight of Prescription Drug Availability and Affordability in Central and South America, Angelina Yearick Heimel

The United Nations Convention on Contracts for the International Sale of Goods ("CISG") and Geneva Pharmaceuticals Technology Corp. v. Barr Laboratories, Inc./Apothecon, Inc. v. Barr Laboratories, Inc.: The U.S. District Court for the Southern District of New York's Application and Interpretation of the Scope of the CISG, Joseph D. Mattera

United States' Use of the Doctrine of Anticipatory Self-Defense in Iraqi Conflicts, Donald Nungesser

Demonstrating the Requisite Level of Proof for a Federal Trademark Dilution Claim: Establishing Actual Dilution Following Moseley v. Victoria's Secret, Michael J. Schwarz

Submissions from 2003 2003

An Argument for Expanding the Application of Rule 53(b) to Facilitate Reference of the Special Master in Electronic Data Discovery, Richard H. Agins

Silent Blight: New York's Brownfields & Environmental Justice, Nicholas Capuano

Sweet Land of Liberty: The Case against the Federal Marriage Amendment, Sarah C. Courtman

Legal Requirements for Widespread Implementation of CO2 Sequestration in Depleted Oil Reservoirs, Stephanie M. Haggerty

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