Law Commons^™

An End To The Ncaa's Exploitation Of Former Student-Athletes: How O'Bannon V. Ncaa Highlights The Need For An Inalienable Reversionary Interest In The Right Of Publicity For Former Student-Athletes, Nabeel Gadit

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga

Law Faculty Publications

Professor Osenga discusses the tensions between the interests of patent holders and patients worldwide in need of pharmaceutical treatments. Explaining the combination of exclusive patent and compulsory license approaches that govern access to intellectual property by statute and treaty, she urges that a carefully conceived balancing of these approaches will best serve both interests.

New York Convention And The American Federal System, The Symposium, Christopher R. Drahozal

Journal of Dispute Resolution

Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) …

If We Could, Then So Can You: The Seventh Circuit Resurrects Its Judge Versus Arbitrator Analogy To Reinstate A Repeat Arbitrator Note, Collin Koenig

Journal of Dispute Resolution

Arbitration clauses provide a method for companies to settle business disputes without expending the amount of time and resources required in judicial proceedings. When an arbitration clause is invoked, a neutral third party takes on the role of adjudicator, and the parties defer to the unbiased decision of that neutral. Sometimes what is "unbiased" becomes more uncertain when parties contract for the right to appoint their own arbitrators. Trustmark Ins. Co. v. John Hancock Life Ins. Co. stands for the principle that the Seventh Circuit will relax the impartiality standard to which they hold party-appointed arbitrators, especially compared to the …

To Kill A Mockingbird Mediator?: Assessing The Need For Third-Party Neutrals In Federal Bankruptcy Courts' Home Foreclosure Avoidance Programs, Lancelot L. Esteibar

Cardozo Journal of Conflict Resolution

This Note proceeds in four parts. First, Part I provides background information on the mortgage crisis, the loss mitigation processes, and current federal, state, and bankruptcy court programs aimed towards preventing foreclosure. Second, Part II describes the role of a mediator and the process of mediation. Third, Part III examines barriers to effective negotiation and why mediators can assist in overcoming those obstacles in the bankruptcy courts' loss mitigation programs. Finally, Part IV offers an alternative to the direct negotiation model prescribed by the S.D.N.Y., E.D.N.Y., and D.R.I. loss mitigation programs.

The Use Of Mediation As A Complement To The Integrated Domestic Violence Courts Of New York, Lauren K. Williams

Cardozo Journal of Conflict Resolution

In 2001, New York created the Integrated Domestic Violence Courts in order to more efficiently and more comprehensively address domestic violence cases. Domestic violence cases that were formerly spread out between two or three different courts can now be resolved in front of one judge. While this new court does minimize the hassle for the parties involved in the dispute and does eliminate inconsistent rulings by different judges in different courts, this new court structure does not address some problems that have existed with courts' approaches to resolving domestic violence. These problems include (1) that abusers can often afford to …

Abuse, Mediation And The Catholic Church: How Enforcing And Improving Existing Statutes Will Help Victims Recover, Jeffrey Pruzan

Cardozo Journal of Conflict Resolution

Allegations of sexual abuse at the hands of religious figures is an epidemic that has spread throughout the United States and abroad.' In the United States alone, U.S. bishops have reported receiving allegations of abuse committed by 6,115 Catholic priests, or 5.6 percent of the 109,694 active U.S. priests since 1950. The U.S. bishops also reported receiving allegations from 15,235 victims, or 2.6 victims per priest; however, this figure is universally acknowledged to be low. Some estimates put the number of victims in the United States at over 280,000.

Switching The Flip: Questioning The Government's Authority To Shut Down Communication Networks In Furtherance Of Public Safety, Eric B. Einisman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 30, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Harm And Injunctions, Christina Bohannan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Demise Of The Federal Shield Law, William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Moral Rights In The U.S.: Still In Need Of A Guardian Ad Litem, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Graduated Response By Industry Compact: Piercing The Black Box, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Internet Advertising After Sorrell V. Ims Health: A Discussion On Data Privacy & The First Amendment, Agatha M. Cole

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 31 (2012)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 31, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Special Access: The Harm Of Premature Deregulation In Telecommunications, Cary E. Adickman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Disparate Impact And Equal Protection After Ricci V. Destefano, Marcia L. Mccormick

All Faculty Scholarship

As Professor Richard Primus noted in his article, Equal Protection and Disparate Impact: Round Three, the constitutional issues surrounding the disparate impact theory of discrimination have evolved significantly over time. First the question was whether the Constitution’s equal protection guarantee embodied disparateimpact. Most people assumed yes, but the Supreme Court said no in 1976 in Washington v. Davis. Second, the source of Congress’ power to prohibit disparate impact discrimination was called into question with the so-called federalism revolution. Only if it was within Congress’ power under Section 5 of the Fourteenth Amendment could disparate impact legislation be applied to the …

Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor

All Faculty Scholarship

A debtor seeking to discharge student loans in bankruptcy must prove that paying the debt would cause an undue hardship upon him and his dependents. Undue hardship, however, is an undefined concept, flummoxing debtors, creditors and judges alike. The result of this ambiguity is rampant inconsistency in the manners in which similarly-situated debtors (and creditors) are treated by the courts. This article argues that the undue hardship standard should be replaced by a framework that uses debt service thresholds to determine the propriety of federal student loan bankruptcy discharges. Eligibility for discharge would depend on outstanding loan amounts, debtor income …

Which Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law And Human Rights Law, Rebecca Crootof, Oona A. Hathaway, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, Julia Spiegel

Law Faculty Publications

On May 31, 2010, in the early hours of the morning, Israeli Defense Forces boarded and occupied a flotilla of six vessels seventy-two nautical miles from the coast of Gaza. The flotilla carried food and other supplies to Gaza, which was under a naval blockade. During the incident, nine passengers were killed and several others wounded. In the aftermath, a key question that emerged was what body of law applied to the incident? Was it subject to human rights law, international humanitarian law, or some mix of the two?

This same question has been at the heart of ongoing debates …

The Public Trust Doctrine And The Montana Constitution As Legal Bases For Climate Change Litigation In Montana, Gregory S. Munro

Montana Law Review

The Public Trust Doctrine and the Montana Constitution As Legal Bases for Climate Change Litigation in Montana

State V. Allen: The Connection Between The Right To Be Secure From Unreasonable Searches And Seizures And Montana's Individual Right Of Privacy, Stephanie Holstein

Montana Law Review

State v. Allen: The Connection Between the Right to Be Secure From Unreasonable Searches and Seizures and Montana's Individual Right of Privacy

Capture Nuances In The Contest For Financial Regulation, Lawrence G. Baxter

Faculty Scholarship

Applying capture analysis in the hotly contested arena of financial regulation is difficult. Numerous regulators with widely differing missions and widely diverse stakeholders are involved. Regulators operate under widely differing authorizing legislation. They even function at different levels of government. Agencies are often at odds with each other when it comes to determining optimal public policy. Unlike policy disputes in many other areas of regulation, which can be settled by reference to scientific data, public policy in financial regulation rests profoundly on essentially contested economic ideologies. This makes financial policy doubly difficult: one the one hand, it requires deep expertise—and …

Fixing Section 409a: Legislative And Administrative Options, Gregg D. Polsky

Scholarly Works

This symposium contribution to the Villanova Law Review describes the legislative calamity that is section 409A of the Internal Revenue Code. Section 409A manages, all at once, to (i) fail to better neutralize the tax treatment of deferred compensation with that of current compensation, (ii) impose significant compliance costs on sophisticated taxpayers, and (iii) provide a dangerous trap for unsophisticated taxpayers.

Ideally, Congress should repeal section 409A and replace it with a system that taxes deferred compensation more neutrally vis-a-vis current compensation. Failing that, Congress should either replace section 409A with a broad grant of authority to the Treasury and …

Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill

Articles

No abstract provided.

Convergence And Divergence In International Dispute Resolution Symposium, Peter B. Rutledge

Scholarly Works

Drawing on the literature, two strands help to frame this paper. The first concerns why parties choose to arbitrate. The second strand is the literature documenting the efforts within the arbitration industry to encourage the use of arbitraments.

My goal in this paper is to bridge a gap between this second strand and the first, more theoretical strand. What is missing from both strands is a concrete, system-wide understanding about why parties opt for arbitration as opposed to other forms of dispute resolution. In other words, I seek both to give concrete understanding to the theoretical model articulated in the …

Environmental Impact Statements - The Ninth Circuit Narrows The No-Growth-Inducing-Impacts Exception, John Carse

Journal of Air Law and Commerce

No abstract provided.

Propelling Aviation To New Heights: Accessibility To In-Flight Entertainment For Deaf And Hard Of Hearing Passengers, Michael A. Schwartz

Journal of Air Law and Commerce

No abstract provided.