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Articles 781 - 810 of 7839
Full-Text Articles in Entire DC Network
The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai
The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai
Cardozo Journal of Conflict Resolution
No abstract provided.
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock
Cardozo Journal of Conflict Resolution
No abstract provided.
Conflict Resolution-Negotiation: Liv V. Pga Tour, Ross Herman
Conflict Resolution-Negotiation: Liv V. Pga Tour, Ross Herman
Cardozo Journal of Conflict Resolution
No abstract provided.
Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen
Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen
Cardozo Journal of Conflict Resolution
No abstract provided.
Scotus On Immigration: A Review Of Recent Decisions & What's To Come
Scotus On Immigration: A Review Of Recent Decisions & What's To Come
Cardozo Journal of Equal Rights & Social Justice
The symposium discusses recent Supreme Court decisions on immigration, focusing on cases that address issues such as mandatory detention, limits on judicial review, and the expansion of executive discretion. These rulings have significant implications for immigration law and practice, particularly in areas of detention, due process, and the ability of federal courts to review immigration-related decisions.
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod
Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod
Articles
Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District …
The Private Attorney General In A Time Of Hyper-Polarized Politics, Myriam E. Gilles
The Private Attorney General In A Time Of Hyper-Polarized Politics, Myriam E. Gilles
Articles
With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to guard against the myriad unfair and deceptive practices that threatened harm to American consumers. But courts in this era interpreted these statutes to confer exclusive enforcement authority in the Federal Trade Commission (“FTC”), declining to infer a private right of action. For many decades, the resulting enforcement gap in consumer protection law was filled largely by state Unfair and Deceptive Practices Acts (“UDAPs”), which sanction litigation by both public and …
Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson
Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson
Articles
The biggest bankruptcy case ever (as measured by unsecured claims against a debtor-in-possession) is In re Purdue Pharma, LLC. The bankruptcy court affirmed a plan discharging the Sackler family (equity owners and often officers of Purdue) of all “derivative” claims that belonged to the debtor-in-possession. The settlement was bought for a substantial sum payable over time by the Sacklers. A debtor-in-possession is the sole owner of a derivative claim and has the power to bind all the creditors to a settlement. Under the Bankruptcy Code, a plan discharging derivative claims is confirmable. In fact, as we will, show, a great …
Concluding Remarks By Conference Co-Organizer, Richard H. Weisberg
Concluding Remarks By Conference Co-Organizer, Richard H. Weisberg
Articles
This Article represents the concluding remarks made by Professor Richard H. Weisberg at "Disarmed, Distracted, Disconnected & Distressed," a conference on Modern Legal Education and the Unmaking of American Lawyers, hosted by the University of Pittsburgh School of Law and the Law & Humanities Institute, April 20-April 23, 2023.
Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte
Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte
Articles
In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …
Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw
Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw
Articles
Public law litigation is often politics by other means. Yet scholars and practitioners have failed to appreciate how public law litigation intersects with an important aspect of politics-electoral time. This Essay identifies three temporal dimensions of public law litigation. First, the electoral time of government litigants-measured by the fixed terms of state and federal executive officials-may affect their conduct in litigation, such as when they engage in midnight litigation in the run-up to and aftermath of their election. Second, the electoral time of state courts-measured by the fixed terms of state judges-creates openings for strategic behavior among litigants (both public …
Commercially Reasonable Sales In The 21st Century, David G. Carlson
Commercially Reasonable Sales In The 21st Century, David G. Carlson
Articles
It has been over 20 years since the 2000 amendments profoundly amended the foreclosure procedures in Article 9 of the UCC. This article reviews how the amendments have fared in the case law since then.
Title Theft, Stewart E. Sterk
Title Theft, Stewart E. Sterk
Articles
Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …
A Proposal To Establish An International Commercial Arbitration Ethics Panel And Hotline To Resolve Disclosure And Conflicts Issues, Nelson Edward Timken
A Proposal To Establish An International Commercial Arbitration Ethics Panel And Hotline To Resolve Disclosure And Conflicts Issues, Nelson Edward Timken
Cardozo Journal of Conflict Resolution
No abstract provided.
Fight For Your Life: A Study Of Fairness In The Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff
Fight For Your Life: A Study Of Fairness In The Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff
Cardozo Journal of Conflict Resolution
No abstract provided.
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
Cardozo Journal of Conflict Resolution
No abstract provided.
Twenty-Second Annual International Advocate For Peace Award, Honoring Gloria Steinem, Gloria Steinem
Twenty-Second Annual International Advocate For Peace Award, Honoring Gloria Steinem, Gloria Steinem
Cardozo Journal of Conflict Resolution
On March 29, 2023, the Cardozo Journal of Conflict Resolution presented the twenty-second annual International Advocate for Peace Award to Gloria Steinem.
Don't Foreclose On Me: Adr's Role In Regulating The Foreclosure Power Of Homeowners Association In The Aftermath Of Covid-19, Jessica Lalehzar
Don't Foreclose On Me: Adr's Role In Regulating The Foreclosure Power Of Homeowners Association In The Aftermath Of Covid-19, Jessica Lalehzar
Cardozo Journal of Conflict Resolution
No abstract provided.
Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill
Cardozo Journal of Conflict Resolution
No abstract provided.
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Cardozo Journal of Conflict Resolution
No abstract provided.
Beyond Problem-Solving Courts, Erin R. Collins
Beyond Problem-Solving Courts, Erin R. Collins
Cardozo Journal of Conflict Resolution
Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik
Cardozo Journal of Conflict Resolution
No abstract provided.
Panel 2: Regulations & Other Congressional Concerns, Sam C. Ehrlich, Dan Lust, Matt Mitten, John T. Wolohan, Andrew Zimbalist, Maureen Weston
Panel 2: Regulations & Other Congressional Concerns, Sam C. Ehrlich, Dan Lust, Matt Mitten, John T. Wolohan, Andrew Zimbalist, Maureen Weston
Cardozo Arts & Entertainment Law Journal
The article examines the evolution of college athletes' name, image, and likeness (NIL) rights, highlighting the shift from NCAA control to a chaotic regulatory landscape influenced by court rulings and state laws. The NCAA seeks Congressional intervention for antitrust immunity to address these challenges.
Victim-Offender Mediation: A Missing Component Of A Multi-Pronged Approach To Reduce New York City Subway Crime, Elizabeth Neuburger
Victim-Offender Mediation: A Missing Component Of A Multi-Pronged Approach To Reduce New York City Subway Crime, Elizabeth Neuburger
Cardozo Journal of Conflict Resolution
No abstract provided.
Strengthening Nagpra, B. Stephen Jones
Strengthening Nagpra, B. Stephen Jones
Cardozo Arts & Entertainment Law Journal
The note examines the limitations of the Native American Grave Protection and Repatriation Act (NAGPRA) in addressing international repatriation of cultural patrimony and proposes complementary legal frameworks to fill these gaps. It highlights the potential of the Safeguard Tribal Objects of Patrimony Act (STOP Act) and the Indigenous McClain Doctrine to enhance protections, while advocating for the recognition of intangible cultural patrimony and the use of moral rights and the right to publicity to safeguard Indigenous cultural sovereignty.
All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow
All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow
Cardozo Arts & Entertainment Law Journal
Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss
Cardozo Arts & Entertainment Law Journal
The COVID-19 pandemic accelerated the adoption of remote witnessing and notarization in trusts and estates, offering convenience but introducing risks like fraud and privacy concerns. The article advocates for a balanced approach, suggesting uniform national standards to mitigate these risks while maintaining the benefits of remote processes.
The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler
The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler
Cardozo Arts & Entertainment Law Journal
The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote …
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin
Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin
Cardozo Arts & Entertainment Law Journal
The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.
Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder
Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder
Cardozo Journal of Equal Rights & Social Justice
The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.