Law Commons^™

Activist Investors And Mediation, Juliana Bleiberg

Cardozo Journal of Conflict Resolution

Activist investors have the capacity to play a commanding role in a company after they invest in it. Sometimes, these investors are dissatisfied with some aspect of the company, from its structuring, to its earnings, or future expansion or investment plans. In very few instances does an activist approach a company and have the opportunity to be heard by the board in a non-confrontational setting. More commonly, the activist will wage a proxy battle to be acknowledged. The goal of this battle usually aims at removing current board members and replacing them with individuals of the investor's choice, who will …

Utilizing Alternative Dispute Resolution To Foster Comprehensive Traumatic Brain Injury Research, Michael Meyers

Cardozo Journal of Conflict Resolution

ADR, and more specifically mediation, could increase funding towards TBI prevention and recovery research. Section II explores the TBI Reauthorization Act in an effort to highlight its many successes and some of its shortcomings. Following the assessment of the national legislation, it is appropriate to examine efforts being made at the state-level. Next, because professional and collegiate sports leagues control a great deal of revenue, it is important to assess the initiatives set forth through their official league policies and rules, public relations efforts, and scientific contributions. This calls for an extensive examination of the NFL, NHL, NCAA, and FIFA's …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 19 (2017–18)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 19, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Litigation Risk Assessment: A Tool To Enhance Negotiation, Michaela Keet

Cardozo Journal of Conflict Resolution

This paper begins with a discussion of how "good" and "bad" predictions about litigation risk can affect a negotiation process. It explores how thorough predictions are often missing in the way that lawyers and clients prepare for, and navigate through, their negotiations. Drawing on a recent study of lawyers and law students, this paper summarizes a simple framework for conducting a thorough risk assessment, and then examines the way that it can be used to support the pursuit of settlement. Two conclusions emerge from the study, and in particular from the observation of how law students negotiated a hypothetical civil …

Seventeenth Annual International Advocate For Peace Award Honoring Dr. Rajiv Shah, Rajiv Shah, Melanie Leslie, Lela P. Love, Benjamin Dynkin

Cardozo Journal of Conflict Resolution

On April 6, 2017, the Cardozo Journal of Conflict Resolution presented the Seventeenth Annual International Advocate for Peace Award to Dr. Rajiv Shah. What follows is a transcription of the award ceremony, including Dr. Shah's acceptance speech.

Rwanda And The Kigali International Arbitration Centre: The Future Faces Of East African Arbitration And Growth, Jeremy Cantor

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to the Note. Part II is a brief background of Rwandan history and the country's push for economic growth. Furthermore, Part II elaborates on the history, the current status of Rwanda's judicial system, and on the KIAC. Part III explains why arbitration is fitting for Africa as a whole and why it is more fitting for East Africa specifically. In particular, the Note explains why Kigali is the proper choice of seat6 and KIAC the proper institution, and analyzes certain problems preventing the growth of African arbitration. Lastly, Part IV proposes how to effectuate …

Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser

Cardozo Journal of Conflict Resolution

This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have …

Independent Contractors Or Employees? Why Mediation Should Be Utilized By Uber And Its Drivers To Solve The Mystery Of How To Define Working Individuals In A Sharing Economy Business Model, Ethan Rubin

Cardozo Journal of Conflict Resolution

In an effort to do so, each section of this Note will address a different issue of the ongoing disputes between Uber and its drivers and suggest potential solutions for both parties. Section II focuses on the differences between Uber and its drivers' points of view on whether Uber drivers should be considered employees or independent contractors via National Labor Relations Board ("NLRB") terminology. Section III discusses why it is difficult to label Uber and its drivers under traditional employment law terminology, as well as failures to do so through negotiation, litigation, and arbitration. Section IV proposes that with an …

Developing Improved Tactics For Advance Pricing Agreements To Decrease Negotiation Lead Time, Ryan Vines

Cardozo Journal of Conflict Resolution

This Note seeks to investigate the inefficiencies of the Advance Pricing Agreement negotiation process and how inequitable negotiations adversely affect the American taxpaying community, and small and medium sized corporations. The results of this investigation point to the necessity for the IRS to collect data and perform trend analyses. Although marginal improvements have been made by the Advance Pricing and Mutual Agreement ("APMA") Office, the data show that the real issues of Advance Pricing Agreement negotiations have yet to be resolved. The current practices and procedures of a typical Advance Pricing Agreement negotiation does not promote horizontal equity among taxpayers. …

Today's Challenges To Religious Liberty In Historical Perspective, Gerard V. Bradley

Journal Articles

From the Introduction

Many people say that religious liberty in our country is now under attack more than ever before. That's true as far as it goes, and in what follows I shall supply some reasons why I think so. But the chief aim of this Article is not to try to establish that religious liberty is in its most parlous state ever, as if some common threat-level metric is higher today than it was, say, a hundred or fifty years ago. As a matter of fact, Mormons and Native Americans in the late-nineteenth century faced government actions more hostile …

Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jesse Reynolds, Jorge L. Contreras, Joshua D. Sarnoff

Minnesota Journal of Law, Science & Technology

No abstract provided.

Personalized Medicine, Mayo, And The Uncertain Future Of Integrated Health Care, Peter S. Selness

Minnesota Journal of Law, Science & Technology

No abstract provided.

Why Should Anyone Be An Originalist?, Jeffrey A. Pojanowski

Journal Articles

This essay offers a defense of originalist constitutional interpretation grounded on the moral purposes of positive law. This essay draws on the natural law tradition to argue that a reasonably just set of constitutional rules merits the interpreter’s moral obligation. This is so not because a given constitution is perfectly just, nor because the constitution “just is,” but rather because a practically reasonable person should promote the moral benefits of a posited and durable, framework of cooperation that passes the threshold of moral acceptability. And, because practical reason underdetermines what kind of constitution a polity should choose, many modern constitutions …

Blown To Bits Project, David Schmidt

Informatics Open Educational Resources

The book, Blown to Bits, uncovers the many ways that the new digital world has changed and is changing our whole environment. Some changes are incremental but others are more revolutionary. Some of the changes that we welcome are slowly eroding our privacy and are changing the rules of ownership. This book illuminates the complexities of these changes. I have attempted to capture the central points in selected chapters, and in some cases I have added new material or new examples to replace dated material. I picked chapters to summarize that address the following topics (and more). There are many …

A Missed Opportunity To Clarify Students' First Amendment Rights In The Digital Age, Elizabeth Shaver

Akron Law Faculty Publications

In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds. In 2015, …

Cutting Through: Thirteen Ways Of Looking At Justice Stevens, Abner S. Greene

Faculty Scholarship

No abstract provided.

Florida's Stand Your Grand Law: How To Get Away With Murder, Evelyn Reyes

Intercultural Human Rights Law Review

On the afternoon of February 26, 2012, George Zimmerman (Zimmerman) drove through his neighborhood when he spotted a "suspicious black male" and decided to inform the authorities. Seventeen-year-old Trayvon Martin (Martin) was walking home after purchasing a bag of Skittles at a nearby 7-Eleven. Instructed by a police dispatcher, Zimmerman was to stay in his vehicle and avoid Martin. Zimmerman ignored the dispatcher's instructions and decided to approach Martin. Zimmerman consequently entered into an altercation with Martin, who was unarmed. Moments later, Zimmerman shot Martin, and claimed self-defense. A claim of self-defense under a Stand Your Ground theory enables an …

How Universal Is The United Nations' Universal Periodic Review? An Examination Of The Discussions Held On Female Genital Mutilation In The First Cycle Of Review, Gayatri Patrel

Intercultural Human Rights Law Review

Hailed as the most innovative and unique human rights monitoring mechanism at the United Nations, the Universal Periodic Review (UPR) process promises to promote and protect the universality of all human rights issues and concerns in an objective, universal, and transparent manner. With the interactive dialogue session being at the heart of the review, coupled with the possibility of peer States potentially raising any international human rights norm to hold States accountable, there is a possible challenge to the universality of human rights norms, vocalized by State representatives when certain contentious issues are raised during State reviews. This paper explores …

The Cost Of (Non)Compliance: An Expose Of The United States' Immigration Detention Policy And Its Failure To Comply With International Standards, Jessica Wright

Intercultural Human Rights Law Review

The persistence of brutal warfare sparked an international movement against torture at the turn of the twentieth century. By 1948, the Universal Declaration of Human Rights (UDHR) introduced a ban on torture.' Two decades later, the International Covenant on Civil and Political Rights (ICCPR) followed suit, prohibiting member States from subjecting individuals to torture. However, in decades following said treaties, brutal dictatorships proved that short provisions in international documents are not enough to prevent torture. The plight of Chilean dictator Augusto Pinochet illustrated the weaknesses of the international framework on torture. Despite the heinous acts of torture committed under his …

Crime Shouldn't Pay: How California Should Expand And Restructure Its Human Trafficking Asset Forfeiture Laws, Benjamin T. Greer

Intercultural Human Rights Law Review

Section I of this article will provide updated statistical data on human trafficking in California, demonstrating increased consciousness, heightened awareness and the ongoing search for effective tools. Sections II and III will highlight the important psychological and practical economic impact asset forfeiture laws have on crime. These sections will also provide a comprehensive review how forfeiture is currently implemented in the fight against human trafficking. Sections IV and V will argue why human trafficking crimes must be subjected to California's civil asset forfeiture laws: how civil forfeiture reduces both the supply-side and demand-side of trafficked victims. It will also provide …

Historical And Comparative Reflections, Charles L. Glenn

Vanderbilt Law Review En Banc

No abstract provided.

Delaware Chancellor Again Invokes Corwin In Granting Directors' Motion To Dismiss Breach Of Fiduciary Duty Claim, Robert S. Reder

Vanderbilt Law Review En Banc

No abstract provided.

Delaware Court Enjoins Stockholder Vote Pending Corrective Disclosures, Robert S. Reder

Vanderbilt Law Review En Banc

No abstract provided.

What Mdl And Class Actions Have In Common, Howard M. Erichson

Vanderbilt Law Review En Banc

No abstract provided.

The Township, The Hope Of Democracy: History As Moral Act, Jane Manners

Vanderbilt Law Review En Banc

No abstract provided.

Delaware Courts Confront Question Whether Cleansing Effect Of Corwin Applies To Duty Of Loyalty Claims, Robert S. Reder, Tifanny M. Burba

Vanderbilt Law Review En Banc

No abstract provided.

We Need To Know Who Invests In Bank Equity, Yesha Yadav

Vanderbilt Law Review En Banc

No abstract provided.

Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley

Scholarly Works

The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.

The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …

“New Judgment” And The Federal Habeas Statutes, Thomas V. Burch

Scholarly Works

Prisoners love to file habeas petitions. Maybe a little too much. That is why Congress drafted the federal habeas statutes to preclude prisoners from filing “second or successive” petitions attacking their judgments. This essay explains the shortcomings of how some courts have assessed that meaning, and it proposes a straightforward test for determining when a new judgment exists.