Law Commons^™

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

CJCR Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …

Aureliano Buendia And President Gustavo Petro: The Impact Of A Dual-Sided Stakeholder And Leader On The Colombian Peace Accords, Samantha Sanchez

CJCR Blog

Colombia has endured a nearly 60-year-long internal conflict between paramilitary groups, and allegedly its own military, costing the lives of countless civilians and setting the country’s post-colonial development back decades. Former Colombian President Juan Manuel Santos was awarded the Nobel Peace Prize for mediating a four-year-long deal with paramilitary groups that terrorized–mainly rural and indigent–neighborhoods for decades. However, many critics thought the award was premature, considering the nearly half a million deaths as a result and the impunity of human-rights offenders. Current struggles in the country prove that those critics may have been likely right.

This post was originally published …

Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett

CJCR Blog

What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.

This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.

A New Dawn For The Common Law: A Proposal For A New Court System For The Asean Trade In Goods Agreement, Nicholas R. Gucciardo

William & Mary Business Law Review

The Association of Southeast Asian Nations (ASEAN) formed the ASEAN Trade in Goods Agreement (ATIGA) to facilitate trade liberalization between the bloc’s members. The ASEAN Member States have continued to implement the agreement according to the dispute settlement mechanism set out in the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (Protocol). However, this Note will argue that the current dispute settlement mechanism (DSM) is inadequate because the panel system does not always provide a final forum for disputes between Member States. A new mechanism is necessary to better adhere to the principles of the ASEAN Charter, strengthen Southeast Asia as …

Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth

Faculty Scholarship

With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …

How Can The Internal Revenue Service Improve Its Alternative Dispute Resolution Programs To Deliver Better Benefits?, Armando Gonzalez

CJCR Blog

Most individuals and businesses file their tax return(s) and forget about the Internal Revenue Service (“IRS”) until it’s time to repeat the process the following year. However, sometimes disputes may arise “when a taxpayer fails to agree with an IRS finding, refuses to file a tax return, or refuses to comply with an IRS request for information.” To address some of these disputes, the IRS offers six alternative dispute resolution (“ADR”) programs through its Independent Office of Appeals, where mediation is leveraged to avoid costly litigation and lengthy appeals.

This post was originally published on the Cardozo Journal of Conflict …

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

Event Invitations 2023

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

Flyers 2023-2024

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

Event Invitations 2023

Please join Kukin Program for Conflict Resolution for All Things ADR, to learn about Cardozo's Alternative Dispute Resolution activities and societies.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

Flyers 2023-2024

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Human Rights Remedy Gap In Isds – The Potential Of The Hague Rules On Business And Human Rights Arbitration, Diane A. Desierto, Anne Van Aaken, Steven Ratner, Giorgia Sangiuolo, Martijn Scheltema, Katerina Yiannibas

Faculty Lectures and Presentations

The tensions between the protection of human rights and States’ obligations towards foreign investors has been the subject of extensive debates among States, civil society actors, business, and international organizations. The Hague Rules on Business and Human Rights Arbitration represent a recent effort to provide an avenue for resolving claims concerning human rights violations connected to business activities, including investment. These Rules may be linked to or incorporated in national investment laws, state contracts, or International Investment Agreements (IIAs). The Hague Rules aim to fill a currently existing gap in (access to) remedies for rightsholders and help both investors and …

Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz

Articles

Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

Impartiality And The Construction Of Trust In Investor-State Dispute Settlement, Stavros Brekoulakis, Anna Howard

Singapore International Dispute Resolution Academy

This article analyses impartiality in investor-State dispute settlement (ISDS) by identifying the way that the parties’ trust in arbitrators is constructed. Drawing on the findings of a large-scale empirical project, it questions the applicability of an orthodox judicial doctrine of impartiality to ISDS on the grounds that trust in arbitrators is constructed on a fundamentally different basis from that of trust in judges. The primary feature of a judicial doctrine of impartiality is that trust is founded on an absolutist approach to impartiality which is intended to ensure that judges have no predispositions to parties. In contrast, trust in ISDS …

The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins

Michigan Law Review

Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …

Easy As Pi, John Lande

Faculty Blogs

This post presents some interactions with Pi, an AI system that is more conversational than others. It illustrates that, in the foreseeable future, AI systems almost certainly will become a lot more sophisticated and be incorporated into much of our lives, often in ways we will not notice

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

Event Invitations 2023

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

Flyers 2023-2024

No abstract provided.

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

CJCR Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.

The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of, Lizzie Klink

Villanova Law Review

No abstract provided.

Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang

Nevada Law Journal

No abstract provided.

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …

Training Your Mediator Bot, John Lande

Faculty Blogs

This somewhat tongue-in-cheek post discusses biases in AI systems. Noting that AI bots need to be “trained,” this post suggests that untrained mediator bots may spew out unwanted interventions such as providing undesired evaluations of BATNA values – or failing to provide desired evaluations. So mediators probably will need to co-mediate with their bots for a while to observe and correct its biases. Ironically, bots may produce language that normal humans understand much better than the confusing jargon we habitually use. So the mediator bots may need to train human mediators.

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1^st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …

Teaching Students To Focus On Party Decision-Making, John Lande

Faculty Blogs

This post describes why law schools don’t teach students very much about helping clients make decisions and suggests techniques for doing so. It suggests (1) focusing on parties’ roles throughout relevant courses, (2) including meaningful party roles in simulations and competitions, (3) using simulations focusing solely on preparation, (4) using multi-stage simulations, (5) helping students focus on parties’ intangible interests in simulations and Stone Soup interviews, (6) using the terms “pre-mediation-session” or “before mediation sessions,” (7) taking advantage of the litigation interest and risk assessment framework and materials, and (8) recommending that schools offer a course on strategic case evaluation …

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.