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Yeshiva University, Cardozo School of Law

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Articles 1951 - 1980 of 11596

Full-Text Articles in Law

Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie Jan 2023

Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie

Cardozo Journal of Conflict Resolution

On paper, nothing predestined me for a career in cybersecurity. Much in the same way as nothing on paper predestined me for being involved in a multinational effort like Project Seshat to study and respond to the rising threats of 'hybrid warfare' and 'gray zone conflict', or to give a keynote address at the Cardozo Journal of Conflict Resolution Melnick Symposium themed "Negotiation Strategies for War by Other Means."

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How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora Jan 2023

How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora

Cardozo Journal of Conflict Resolution

The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …

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Negotiation Theories Engage Hybrid Warfare, Nancy A. Welsh, Sharon Press, Andrea Kupfer Schneider Jan 2023

Negotiation Theories Engage Hybrid Warfare, Nancy A. Welsh, Sharon Press, Andrea Kupfer Schneider

Cardozo Journal of Conflict Resolution

When Calvin Chrustie and Chris Honeyman first approached the authors of this Article regarding the potential application of negotiation scholars' expertise to the problem of hybrid warfare, our first reaction was confusion. First, what exactly was hybrid warfare? Second, since "war" was in its name, what did our field have to say that could even potentially be useful? This Article, in some sense, is designed to begin to respond to those questions and, hopefully, to encourage other scholars in our field to weigh in with their contributions and criticisms. This Article represents only a start.

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Thinking Ahead In The Grey Zone, Chris Honeyman, Ellen Parker Jan 2023

Thinking Ahead In The Grey Zone, Chris Honeyman, Ellen Parker

Cardozo Journal of Conflict Resolution

Readers who have recently begun to consider the implications of grey zone conflict or hybrid warfare for their own companies, law firms, or other organizations could be forgiven for seeing the entire subject as startling if not downright alarming. But some of our colleagues in this issue, notably Chris Corpora and Anne Leslie, have taken pains to point out how hybrid warfare could be seen instead as merely the latest and most technologically sophisticated version of attempts to undermine other countries which go back millennia. And the specific techniques that might help your company-or law firm, municipal government, university or …

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A Portrait Of The Artist’S Heirs In Mediation: Adr Techniques To Prevent And Resolve Disputes Following An Author’S Death, Nicholas Beudert Jan 2023

A Portrait Of The Artist’S Heirs In Mediation: Adr Techniques To Prevent And Resolve Disputes Following An Author’S Death, Nicholas Beudert

Cardozo Journal of Conflict Resolution

If an author's work is powerful enough, or popular enough, it's likely that at some point someone will want to write about her. For scholars embarking upon these projects, the author's body of published work can provide insight into her psyche, but correspondence and other unpublished materials can also be valuable. Copyright law covers all of these materials, and when the author dies, she can bequest her copyright as she would the rest of her estate (if she hasn't transferred it during her lifetime). The recipient of these copyrights may now treat the copyrights as her own, as though she …

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Big Screen Or Bust?: How Contractual Negotiations In Hollywood Must Adapt In The Streaming Era, Alexis Narotzky Jan 2023

Big Screen Or Bust?: How Contractual Negotiations In Hollywood Must Adapt In The Streaming Era, Alexis Narotzky

Cardozo Journal of Conflict Resolution

Scarlett Johansson made her first appearance as her superhero alter-ego, the Black Widow, on May 7, 2010, in the movie Iron Man 2. Over the next intervening eleven years, Johansson appeared in several of Disney's Marvel ("Disney" or "Marvel") movies in supporting roles. On July 9, 2021, Marvel released the Black Widow with Scarlett Johansson as the lead character. Johansson's agreement for her character's eponymous film was built upon the expectation of large bonuses based on profit from outsized box-office receipts, understood as a profit-participation or contingent compensation contract. Johansson's lawyers negotiated for a "wide theatrical release" to protect …

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The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai Jan 2023

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.

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Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock Jan 2023

Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock

Cardozo Journal of Conflict Resolution

No abstract provided.

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Conflict Resolution-Negotiation: Liv V. Pga Tour, Ross Herman Jan 2023

Conflict Resolution-Negotiation: Liv V. Pga Tour, Ross Herman

Cardozo Journal of Conflict Resolution

No abstract provided.

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Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen Jan 2023

Applying Family Mediation To The Creation Of Psychiatric Advance Directives, Olivia Kalsner Kershen

Cardozo Journal of Conflict Resolution

No abstract provided.

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Scotus On Immigration: A Review Of Recent Decisions & What's To Come Jan 2023

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.

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Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod Jan 2023

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 …

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The Private Attorney General In A Time Of Hyper-Polarized Politics, Myriam E. Gilles Jan 2023

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 …

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Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson Jan 2023

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 …

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Concluding Remarks By Conference Co-Organizer, Richard H. Weisberg Jan 2023

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.

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Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte Jan 2023

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 …

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Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw Jan 2023

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 …

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Commercially Reasonable Sales In The 21st Century, David G. Carlson Jan 2023

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.

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Title Theft, Stewart E. Sterk Jan 2023

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 …

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2023 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr) Jan 2023

2023 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Winter 2023 issue of the CLIHHR Newsletter highlights the Institute’s work in solidarity with communities affected by identity-based violence and mass atrocities. It features updates from the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic, student and fellowship spotlights, international collaborations in Argentina, major public events including the Lemkin Award Ceremony, and faculty engagement in global human rights and humanitarian law forums. The newsletter reflects CLIHHR’s commitment to survivor-centered justice, Indigenous rights, restorative justice, and international accountability.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 2 Jan 2023

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

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A Proposal To Establish An International Commercial Arbitration Ethics Panel And Hotline To Resolve Disclosure And Conflicts Issues, Nelson Edward Timken Jan 2023

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.

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Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John Lande Jan 2023

Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John Lande

Cardozo Journal of Conflict Resolution

No abstract provided.

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Arbitrating Social Media Content: A Framework For Banning High-Profile Users Through Third-Party Arbitration, Rachel Gershengoren Jan 2023

Arbitrating Social Media Content: A Framework For Banning High-Profile Users Through Third-Party Arbitration, Rachel Gershengoren

Cardozo Journal of Conflict Resolution

No abstract provided.

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Fight For Your Life: A Study Of Fairness In The Ultimate Fighting Championship's Anti-Doping Policy Appeals Process, Brandon Hamroff Jan 2023

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.

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The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat Jan 2023

The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat

Cardozo Journal of Conflict Resolution

No abstract provided.

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A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman Jan 2023

A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman

Cardozo Journal of Conflict Resolution

In the 2020 British TV series The Undeclared War, the Russians launch a series of attacks against the United Kingdom that destabilize key sectors in the UK and (spoiler alert) almost end in a full-scale conventional war. In this fictionalized account, the UK only considers fighting back against cyber warfare with cyber warfare. There is no negotiation. Despite knowing who is responsible for these attacks (the Russian government), negotiation is never even considered.

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 25 (2023–24) Jan 2023

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 25 (2023–24)

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 1 Jan 2023

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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Twenty-Second Annual International Advocate For Peace Award, Honoring Gloria Steinem, Gloria Steinem Jan 2023

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.

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