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Elisabeth Haub School of Law Student Publications

Submissions from 2013 2013

New Jersey vs. The Paragons of Society: I’ll Bet on New Jersey Invalidating PASPA, Levi Glick

New York’s Proposed Solar Renewable Energy Market: Lessons Learned From Other States’ SREC Markets and Recommendations in Moving Forward, Jesse Glickstein

First Amendment Rights for Publishers and the Distribution of Unsolicited Magazines to Inmates, Samantha Halpern

Harmony with Nature and Genetically Modified Seeds: A Contradictory Concept in the United States and Brazil?, Heather Leibowitz

Fifty Shades of Transformation, Danielle Meeks

Imitation May Not Always Be the Sincerest Form of Flattery: Why Color Wars in the United States and Europe May Result in Brand Dilution and Color Depletion, Taylor Piscionere

Transnational Carbon-Trading Standards: Improving the Transparency and Coordination of Post-Kyoto Carbon Trading Markets, Braden Smith

Denial of Access to the Lloyd Aquifer: The Impossibility of Overcoming the Lloyd Moratorium, Krista M. Tenney

Insuring Island States: The Role of Insurance for Small Island States in Responding to the Adverse Effects of Sea Level Rise, Maria Antonia Tigre

Federal Numeric Nutrient Criteria in Florida: When Cooperative Federalism Goes Rogue, Adam Weiss

Submissions from 2012 2012

Tribal Consultation for Large-Scale Projects: The National Historic Preservation Act and Regulatory Review, S. Rheagan Alexander

The Marcellus Shale: Bridge to a Clean Energy Future or Bridge to Nowhere? Environmental, Energy and Climate Policy Considerations for Shale Gas Development in New York State, Beren Argetsinger

How Close Is “Too Close”, Lana Ciaramella

Scope of Liability under the Alien Tort Statute: The Relevance of Choice of Law Doctrine in the Aftermath of Kiobel v. Royal Dutch Petroleum, Jon E. Crain

Polluting Without Consequence: How BP and Other Large Government Contractors Evade Suspension and Debarment for Environmental Crime and Misconduct, Justin M. Davidson

War of the Dolls: Did the Ninth Circuit Fail to Apply the “Intended Audience Test” in Holding Substantial Similarity Should Be Determined from the Perspective of the “Ordinary Observer” and Not a “Child” in Mattel, Inc. v. MGA Entertainment, Inc.?, Emily Flasz

The Illusion of the Blue Flame: Water Law and Unconventional Gas Drilling in New York, Anne Marie Garti

Cap and Trade Meets the Interstate Commerce Clause: Are Greenhouse Gas Regulations Constitutional after Lopez and Morrison?, Ilan W. Gutherz

United States-India Relations: Reconciling the H-1B Visa Hike and Framework for Cooperation on Trade and Investment, Shari B. Hochberg

Reading Between the Lines: Charging Instruments at the ICTR and the ICC, Claire Knittel

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’s Perspective, Lauren Ludvigsen

Who Decides Whether Clarity is Clear?: An Analysis of TILA’s Clarity of Disclosure Requirement in Actions by Consumers Against Creditor Card Companies, Brandon Mohr

Extending Indigenous Rights by Way of the African Charter, Judith Murphy

For the Love of the Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony and Jaia Thomas

The Creative Commons: A Supplement to Copyright in Today’s Technological Culture, Frank Polcino

A Changing Game: The Inclusion of Transsexual Athletes in the Sports Industry, Joseph Randall

The Aftermath of Merck: D&O Insecurity in the Security Fraud Arena, Alexandra Russo

Not Designed to Fit: Why the Innovative Design Protection and Piracy Prevention Act Should Not Be Made into Law, Alexis N. Stevens

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