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Cjcr Publishes Volume 25, Issue 2 (Symposium 2023), Jane Perov

Cardozo Journal of Conflict Resolution Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 2 (Symposium 2023).

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on May 29, 2024.

Adr And Capital One’S Acquisition Of Discover, Yakov Schwalb

Cardozo Journal of Conflict Resolution Blog

On February 19th Capital One announced that it was buying Discover for $35.3 billion. If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer. However, many have voiced concerns with this deal. Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law. Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit card market, with unprecedented powers to extort American consumers," while Senator Elizabeth Warren of Massachusetts …

Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Faculty Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

Using Adr To Help Resolve Nyc’S Eviction Crisis Since The Termination Of The Tenant Safe Harbor Act, Jacob Siri

Cardozo Journal of Conflict Resolution Blog

In a post-pandemic world, describing New York City Housing Court as “time-consuming” would be a drastic understatement. New York City faces a staggering backlog of at least 70,000 eviction cases, causing some to linger for more than four years. The backlog is due to a shortage of judges, pandemic-instituted moratoria, an influx of new cases, and a myriad of other reasons. New York City’s Tenant Safe Harbor Act was introduced at the start of the pandemic on March 7th, 2020, but has since been terminated on January 15th, 2022. The act protected tenants who could not pay rent due to …

Importance Of Mediation In The Workplace, Cardozo Labor And Employment Law Society

Flyers 2023-2024

No abstract provided.

Cardozo Dispute Resolution Society Presents: Wine Negotiation, Cardozo Dispute Resolution Society, Cardozo Wine Society

Flyers 2023-2024

No abstract provided.

Why Greco-Turkish Conflict Needs American Intervention: A Meaningful Mediator, Lemonia Tzanides

Cardozo Journal of Conflict Resolution Blog

Tensions between the Greek and Turkish governments have soared over territorial claims in the Aegean, chiefly concerning the delimitation of territorial waters. The conflict arose on January 20th, 2021, when the Greek parliament nearly unanimously passed a law extending the breadth of Greece’s territorial waters in the Aegean Sea towards Turkey. While bilateral treaties exist between Turkey and Libya and between Greece and Egypt, each regulating the maritime zones of the contracting states, no such agreement exists between Greece and Turkey. “These agreements, however, have no legal effect on Greece and Turkey because international agreements must not harm nor benefit …

Mediation Between States And Criminal Defendants For Post-Conviction Relief Under State Dna Statutes, Nowshin Nawal

Cardozo Journal of Conflict Resolution Blog

With new advances in DNA technology, it has become easier to use DNA testing to find perpetrators of crime where DNA evidence is present. Many incarcerated individuals claiming innocence seek to have the evidence tested during post-conviction in light of new technology. Forty-seven states now have DNA statutes that allow testing during the post-conviction stage. A new problem arises because state prosecutors are often reluctant to agree to DNA testing, which leaves litigation as the remaining method—which is inefficient. The process would be more efficient if a third party worked with the state and the defendant.

This post was originally …

From Conflict To Resolution: The Advantages Of Mediation In Estate Planning, Sarah Natanov

Cardozo Journal of Conflict Resolution Blog

Estate planning involves advanced planning for managing and distributing one’s assets following their passing. It entails identifying inheritors among individuals or entities and establishing measures to ensure the seamless execution of these wishes, aiming to minimize future complications. Estate planning documents often used to distribute assets after one’s passing are wills, trusts, and other legal documents. While these documents may serve as a roadmap for asset distribution, they may not invariably preclude disputes or conflicts among beneficiaries or family members.

This post was originally published on the Cardozo Journal of Conflict Resolution website on March 19, 2024. The original post …

Dissociative Identity Disorder And Mediation: Exploring Legal Capacity, Bayla Zohn

Cardozo Journal of Conflict Resolution Blog

Dissociative Identity Disorder (“DID”) is a mental disorder where the affected individual has two or more distinct personalities. As a protection strategy against severe, persistent abuse and trauma, DID develops in childhood and lasts the entirety of the person's life. A crucial aspect of DID is "dissociation," which is defined as a defense mechanism in which threatening ideas and feelings are separated from the rest of the psyche and conflicted impulses are kept apart. Dissociation refers to the disconnection from one’s environment, emotions, memories, and thoughts. The child's neuronal sense of self-identity is still developing at the time of this …

The Supreme Court Has Granted Review For Arbitration Stays In Employment Cases: Smith V. Spizzirri, Sarah Cole

Cardozo Journal of Conflict Resolution Blog

The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration. The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration. The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24. It addresses the language in a section of the Federal Arbitration Act (“FAA”). The section of the Act under review states: “If any suit or proceeding be brought in any of …

The American Arbitration Association’S Ai Integration Efforts For Alternative Dispute Resolution, Ronnie Cattier

Cardozo Journal of Conflict Resolution Blog

The American Arbitration Association (“AAA”) has joined a long line of various organizations that are looking to make use of, and integrate artificial intelligence (“AI”) into their processes.The AAA has launched innovation programs that are lending support to the idea of AI integration into arbitration, mediation, and other Alternative Dispute Resolution (“ADR”) methods. These programs are looking at creating the right structure and guidelines for AI usages. This is two-fold: on the one hand, the AAA has been building its own solutions; on the other, there is an increasing awareness on developing the framework for external AI tools.

This post …

The Consequences Of Nba Commissioner Adam Silver Arbitrating The Dispute Between The New York Knicks And The Toronto Raptors, Jane Perov

Cardozo Journal of Conflict Resolution Blog

Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired. They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.” Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against Maple Leaf Sports & Entertainment (Toronto Raptors), Darko Rajakavic, …

Navigating Divorce After Domestic Violence: The Benefits Of Adr, Anna Glasgow

Cardozo Journal of Conflict Resolution Blog

Navigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating. Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety. It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence. It can be very hard for individuals who are victims of domestic abuse to want to get divorced. There is often fear that the abusing …

How Adr Can Combat The Rise In Antisemitism And Islamophobia On College Campuses, Cynthia Spitzer

Cardozo Journal of Conflict Resolution Blog

Since the October 7, 2023 massacre in Israel by the terrorist organization Hamas, there has been ongoing strife and protests throughout the world. Such turmoil notably coincides with a rise in hate crimes, antisemitism, and islamophobia, noticed not only on the streets of the United States, thousands of miles away from Israel, but also in the microcosm of college campuses.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 29, 2024. The original post can be accessed via the Archived Link button above.

Cjcr Publishes Volume 25, Issue 1 (Fall 2023), Jane Perov

Cardozo Journal of Conflict Resolution Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 1 (Fall 2023).

The print edition of the issue is forthcoming. This post was originally published on the Cardozo Journal of Conflict Resolution website on February 28, 2024. The original post can be accessed via the Archived Link button above.

Arbitration In Professional Sports: Is It Time To Move On?, Alessandra Makris

Cardozo Journal of Conflict Resolution Blog

Arbitration clauses are extremely common in the contracts of athletes all over the world. However, with the recent focus on eliminating mandatory arbitration clauses in employment contracts, the question of whether professional sports leagues will start doing the same remains. In the world of professional sports, arbitration clauses can often be found within a Collective Bargaining Agreement (“CBA”) between a players’ association and an owners’ group. Five major professional sports have arbitration clauses in their CBAs: Major League Baseball (“MLB”), National Basketball Association (“NBA”), National Football League (“NFL”), Major League Soccer (“MLS”) and National Hockey League (“NHL”). Typically, the clauses …

Crypto And Arbitration: The Perfect Pair, Jared Bond

Cardozo Journal of Conflict Resolution Blog

While Cryptocurrency was once seen as the forefront of unique new investment opportunities, early 2022, known as the “Crypto Winter” saw a steep decline in cryptocurrency prices.[1] The fall of cryptocurrency led to an increase in crypto arbitration, with some cases just starting to reach the court system.[2] Due to the international nature of cryptocurrency and the unique challenges disputes present, many crypto businesses include arbitration clauses in their contracts.[3] While not yet clear how many of these issues will ultimately be resolved, there are clear benefits for crypto companies using arbitration as their chosen dispute resolution process, and certain …

Sequel: Negotiation Strategies Sag-Aftra And Amptp Should Employ To Prevent Future Strikes, Molly Baraban

Cardozo Journal of Conflict Resolution Blog

The Screen Actors Guild-American Federation of Television and Radio (“SAG-AFTRA”) strike finally ended on November 9th, after months of contentious dealings between the two groups centering on concerns over the future of acting and the ability to compensate talent fairly. While we can now all finally celebrate the anticipated return of our favorite shows like Euphoria, House of the Dragon, and Stranger Things, we should also take a moment to critically analyze why SAG-AFTRA and the Alliance of Motion Picture and Television Producers (“AMPTP”) have historically continued to have conflict and how these groups can learn to negotiate better to …

All Things Adr, Kukin Program For Conflict Resolution

Flyers 2023-2024

No abstract provided.

Arbitration's Unraveling, Myriam E. Gilles

Faculty Articles

It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …