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Elisabeth Haub School of Law Student Publications

Submissions from 2006 2006

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

The United States and Turkmenistan: Striking a Balance between Promoting Religious Freedom and Fighting the War against Terrorism, Christina M. Kelly

The Currency of Terrorism: An Alternative Way to Combat Terrorism and End the Trade of Conflict Diamonds, Michael Maggi

What is Commercial Speech? An Analysis in Light of Kasky v. Nike, Stephanie Marcantonio

The Second Circuit Clears the Murk of Gorsuch and Consumers Power fron the Esopus Creek, John H. Paul

From the Amazon to the Alps: A Comparison of the Pharmaceutical Biodiversity Legal Protection in Brazil and Switzerland, Albena P. Petrova

Genes for Free: The Effect of Publication of the Human Genome on the Patentability of Genes and Gene-Based Inventions, Robert S. Schwartz

Chandler v. County Commissioners of Nantucket County: Why the Massachusetts Statute Authorizing Takings by Eminent Domain for Highway Purposes Should Not Serve as a Mechanism for Conservation, John Tenaglia

Submissions from 2002 2002

The New York Rosario Rule Applied to Computerized Documents: The Rigid and Impractical Duplicative Equivalent Doctrine Requires Modification, John T. Bandler

Abortion in International Waters Off the Coast of Ireland: Avoiding a Collision between Irish Moral Sovereignty and the European Community, Allison M. Clifford

The Confrontation Clause in Search of a Paradigm: Has Public Policy Trumped the Constitution?, Ruth L. Friedman

Post-Sept. 11th International Surveillance Activity - A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe, Kevin J. Lawner

Escaping the Lion's Den and Going Back for Your Hat - Why Domestic Violence Should be Considered in the Distribution of Marital Property upon Dissolution of Marriage, Cheryl J. Lee

Local Environmental Impact Review: Integrating Land Use and Planning through Local Environmental Impact Reviews , Kathryn C. Plunkett

CISG: Italian Court and Homeward Trend - Queen Mary Case Translation Programme Corte d'Appello di Milano 20 March 1998 Italdecor s.a.s. Yiu's Industries (H.K.) Limited (default) , Angela Maria Romito

Attorneys' Fees as Part of Recoverable Damages, Peter Schlectriem

Has the Supreme Court Sacrificed Stare Decisis to Clarify Res Judicata? An "On the Merits" Evaluation of Federal Common Law Jurisprudence after Semtek, Thomas Sciacca

The Beach Zone: Using Local Land Use Authority to Preserve Barrier Islands , Jessica VanTine and Tiffany B. Zezula

Submissions from 2001 2001

The Community Patent System Proposal and Patent Infringement Proceedings: An Eye towards Greater Harmonization in European Intellectual Property Law, Kara M. Bonitatibus

Preserving Cultural Property: Our Public Duty: A Look at How and Why We Must Create International Laws That Support International Action, Sarah Eagen

The Casey Martin and Ford Olinger Cases: The Supreme Court Takes a Swing at ADA Uncertainty, Roy R. Galewski

Hill v. Colorado: The Court Clarifies the Proper Review of Legislation Regulating Speech in the Forum Surrounding Health Care Facilities, Jill Grinham

Land Use, Land Abuse and Land Re-Use: A Framework for the Implementation of TMDLs for Nonpoint Source Polluted Waterbodies, Paula J. Lebowitz

Street Fights, Air Rifles, Shotguns, Minors & Their Parents - A New York Perspective on Parental Liability for the Torts of Their Minors, Joseph Mack

Senior Citizen Overlay Districts and Assisted Living Facilities: Different but the Same, Cori Menkin

Research and Accountability: The Need for Uniform Regulation of International Pharmaceutical Drug Testing, Dawn Joyce Miller

Watt's Going On?: Illuminating New York's Electric Generation Siting Process, John A. Poakeart

By What Means Justice? The Acceptance of Secret Indictments in the United States and in International Law, Colette Retif

The Supreme Court's New Federalism: The Authority of the U.S. Army Corps of Engineers Does Not Extend over Isolated Intrastate Wetlands under the Migratory Bird Rule, Paul Edward Svensson

Submissions from 2000 2000

People's Rights Organization, Inc. v. City of Columbus: The Sixth Circuit Shoots down Another Unconstitutional Assault Weapons Ban, Scott Charles Allan

Sherrice Iverson Act: Duty to Report Child Abuse and Neglect, Alison M. Arcuri

The ADA - A Practitioner's Guide in the Aftermath of Sutton: Sutton v. United Air Lines, Nora Belanger

Playing for Free - The Legality and Enforceability of On-Line Gambling Debts, Charles B. Brundage

Apposition of Recent U.S. Supreme Court Decisions regarding Tribal Sovereignty and International Indigenous Rights Declarations, Patrick Cleveland

Be All That You Can Be, But Nothing More: National Mining Association v. U.S. Army Corps of Engineers and the Corps' Critical Loss of Wetlands Control, Matthew M. D'Amico

Simply Too Tenuous McCoy v. American Suzuki Motor Corporation: The Application of the Rescue Doctrine to a Products Liability Claim, Robert C. DeDona

The Science of Endocrine Disruption - Will It Change the Scope of Products Liability Claims?, Karen Fassuliotis

Private Well Owners Pay Price as MTBE Contamination Exposes the Lack of Groundwater Protection in Federal and New York Law , Todd A. Frampton

Trash: A Matter of Privacy?, Hope Lynne Karp

Taxation in the Global Arena: Preventing the Erosion of National Tax Bases or Impinging on Territorial Sovereignty (A Critique of the OECD's Report: Harmful Tax Competition: An Emerging Global Issue), George M. Melo

Moral Rights of Artists in an International Marketplace, Leslie A. Pettenati

Evaluating Farmland Preservation through Suffolk County, New York's Purchase of Development Rights Program Comment, Mark R. Rielly

Environmental Law and Justice in New York City, Where a Park is Not Just a Park , Christopher Rizzo

Quantifying a Direct Threat: Risks That Health Care Providers Must Take While Treating Infectious Patients - Bragdon v. Abbott , Deborah L. Slowata

Submissions from 1999 1999

The "Sudden" Interpretation: Northville Industries Corp. v. National Union Fire Insurance Co. of Pittsburgh, Liberty F. Cagande

The Gun-Free Schools Act of 1994: Zero Tolerance Takes Aim at Procedural Due Process, Kathleen M. Cerrone

Extradition and the International Criminal Court: The Future of the Political Offense Doctrine, Christine E. Cervasio

A More Convenient Crime: Why States Must Regulate Internet-Related Criminal Activity under the Dormant Commerce Clause, Laura Ann Forbes

Closing the Loopholes in Domestic Violence Laws: The Constitutionality of 18 U.S.C. § 922(g)(9), Kerri Fredheim

License to Oppress: The Aftermath of Bowers v. Hardwick Is Still Felt Today: Shahar v. Bowers, Sherene D. Hannon

New Jersey's Solid Waste Flow Control Regulations Have Been Trashed: Are Environmental Investment Charges the Answer?, Christine LaRocca

Sharp v. Norwood: New York Offers Little Guidance on Whether Chronically Late Rent Payments Constitute a Nuisance, Michael Maiter

Intermunicipal Agreements: The Metamorphosis of Home Rule , Mary E. Mohnach

Almand v. DeKalb County, Georgia: Where to Draw the Line between a Police Officer's Private Acts and Acts Taken under the Color of State Law, Kristen Murphy

From the Sandbox to Sandblasting: Regulation of Crystalline Silica , Linda Regis

From the Furies of Nanking to the Eumenides of the International Criminal Court; The Evolution of Sexual Assaults as International Crimes, Samantha I. Ryan

Submissions from 1998 1998

The Concept of Defect in American and English Products Liability Discourse: Despite Strict Liability Linguistics, Negligence Is Back with a Vengeance!, Abed Awad

Pediatric Environmental Health Hazards and the Role of Government in Adopting Standards to Protect Children, Jennifer Brown

Sailing in Safe Harbors: Recent Developments Regarding Lender Liability under CERCLA, Ron Burke

A Little Knowledge Can Be a Dangerous Thing - State of New Jersey v. Robertson & Mens Rea in the Freshwater Wetlands Protection Act of 1987, Barry Capp

Friends of the Earth v. Crown Central Petroleum: The Surrogate Enforcer Must Be Allowed to "Stand Up" for the Clean Water Act, John Dolgetta

Just Compensation for Per Se Environmental Takings, George Galgano

Keeping Client Confidences: Attorney-Client Privilege and Work Product Doctrine in Light of United States v. Adlman, Emily Jones

Bensusan Restaurant Corp. v. King: An Erroneous Application of Personal Jurisdiction Law to Internet-Based Contacts (Using the Reasonableness Test to Ensure Fair Assertions of Personal Jurisdiction Based on Cyberspace Contacts), Leonard Klingbaum

The Role of County Government in the New York State Land Use System, Jeff LeJava

Attempting to Legislate Attempted Environmental Crimes, Helen M. Maher

Why Is There Any Question? Hong Kong and Alienage Jurisdiction: A Critical Analysis of Matimak Trading Co. v. Khalily and D.A.Y., Teresa M. Mozina

Does a Breach of the Controlled Waste Duty of Care in the United Kingdom Invoke Criminal Liability for a Corporation? Assessing the Impact of Meridian Global Funds Management Asia Limited v. Securities Commission, Charles H. Sarlo

In the Matter of Pearson: Partisan Politics and Political Pressure Contravene Congressional Intent, April E. Schwendler

That Which Does Not Kill Us, Does It Makes Us Stronger? Legal Aspects of Pain Management in Great Britain, Wendy E. Smith

Cary v. Oneok, Inc.: Oklahoma Supreme Court Upholds Plaintiff's Right to Attend Trial, Matthew A. Sokol

Lewis v. Casey: Tightening the Boundaries of Prisoner Access to the Courts?, David Steinberger

Submissions from 1997 1997

Fluoridation of Public Water Systems: Valid Exercise of State Police Power or Constitutional Violation, Douglas A. Balog