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Entire Issue Vol. 7 No. 8

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 7(8)

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Entire Issue Vol. 7 No. 1

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 7(1)

Tourist Services Or Rodo – What Is More Important?, Dominik Wolski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

from the Editor-in-Chief

In Defense Of The Billable Hour: A Monitoring Theory Of Law Firm Fees, Jonathan H. Choi

South Carolina Law Review

No abstract provided.

Legal Structures In A Game Of Thrones: The Laws Of The First Men And Those That Followed, David P. Weber

South Carolina Law Review

No abstract provided.

Nudging Civil Justice: Examining Voluntary And Mandatory Court Mediation User Experience In Twelve Regions, Shahla F. Ali

Cardozo Journal of Conflict Resolution

Nudge theory suggests that positive reinforcement to encourage compliance is at least as effective, if not more effective, than traditional directions issued through legislation. This Article tests nudge theory in the context of court mediation reform by examining whether, and if so how, light nudges encouraging voluntary mediation have a differential effect on civil justice outcomes as compared with more robust nudges through mandated mediation processes. A statistical analysis of 2016-2017 civil justice indicators in twelve regions suggests light nudges, (voluntary court mediation programs, or (self-directed resolution), on average associated with higher overall jurisdictional scores for efficiency and non-discrimination. In …

The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon

Cardozo Journal of Conflict Resolution

This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

How Pre-Dispute Arbitration Clauses Chill Whistleblowing And End-Run Dodd-Frank Whistleblowing Protections, Noah Weingarten

Cardozo Journal of Conflict Resolution

This Note proceeds in six parts. First, it examines the mechanics of the SEC whistleblower program, its success, and the importance of whistleblowers. Second, it analyzes whistleblower retaliation protections and contrasts the protections under DoddFrank with those under the Sarbanes-Oxley Act of 2002 ("SOX"). Third, it analyzes how the SEC protects whistleblowers under its regulatory powers. Fourth, it analyzes the importance of retaliation claims from the whistleblower's perspective. Fifth, it analyzes how and why companies employ pre-dispute arbitration clauses to get a more favorable forum to entertain retaliation claims and how federal courts have been enforcing these arbitration clauses. Finally, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 19, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

Union Co-Ops And The Revival Of Labor Law, Ariana R. Levinson

Cardozo Journal of Conflict Resolution

This article, as the first to identify and suggest solutions for the numerous labor law issues that must be addressed when establishing a union co-op, contributes to the existing literature on workerownership and cooperative economics. This article proceeds in four sections. The first section provides background about what union co-ops are, why unionization makes sense in the co-op setting, and the initiative to scale up union cooperatives. The second section, drawing on original interview data, provides background about the Cincinnati Union Co-op Initiative and Our Harvest, the first union worker-owned co-op that the Cincinnati Union Co-op Initiative incubated. The third …

Judicial Mediation: From Debates To Renewal, Jean-François Roberge, Dorcas Quek Anderson

Cardozo Journal of Conflict Resolution

Judicial mediation involving a judge acting as a mediator in a court dispute has been implemented in many jurisdictions worldwide as a way to overcome access to justice challenges. This innovation has raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, these debates have become increasingly stagnant. The evolving vision on access to justice brings an opportunity to draw from the earlier debates and forge a different way forward. This paper argues that a coequality approach to understanding judicial mediation is a better way to …

A New Legal Framework For Employee And Consumer Arbitration Agreements, Imre S. Szalai

Cardozo Journal of Conflict Resolution

This Article is divided into three main sections. The first section provides an overview of the FAA, and the second section explores how arbitration clauses with oppressive terms give rise to multiple harms. The concluding section of the Article demonstrates the many problems that arise from a court's mere severance of harsh terms, and discusses how the history, policy, and text of the FAA require courts to adopt an invalidation approach. As a result of the automatic and complete invalidation of the entire arbitration agreement for containing a harsh term, a consumer or employee, like the victims of sexual harassment …

Mediation Capacity Building With Liberian Diaspora Communities: Some Observations, Maria R. Volpe, Bradley L. Roth

Cardozo Journal of Conflict Resolution

The focus of this article will be on elucidating an initiative that has involved multiple partnerships, sensitivity to cultural differences, local-global interactions, work with diaspora communities, adaptation of mediation training programs, dedicated volunteerism, and concerns about sustainability. Central to all of the activities is an explicit resolve by the mediators involved to understand and appropriately respond to the parties' contexts when providing mediation expertise. John Paul Lederach has referred to this method as a mix of prescriptive and elicitive approaches. In sum, the trainers used their expertise as both mediators and trainers to be conscious of and sensitive to the …

Lessons From The South China Sea Ruling: Med-Arb As The Recommended Dispute Resolution Method For Asia's Maritime Disputes Under Unclos, Julia Y. Yang

Cardozo Journal of Conflict Resolution

-This Note discusses the weaknesses of the current default dispute resolution method implemented by UNCLOS. Part II of this Note illustrates the recent history and the nature of the South China Sea dispute and the legal context provided by UNCLOS for maritime disputes in Asia. Part III will discuss the inadequacy of the current default adjudication method implemented by UNCLOS. Part IV recommends the adoption of med-arb as the ideal dispute resolution method and a requirement to show consent before parties engage in proceedings for maritime dispute resolutions in Asia.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 20 (2018–19)

Cardozo Journal of Conflict Resolution

No abstract provided.

In Loving Memory Of Gretchen Kail (1972-2019)

Cardozo Journal of Conflict Resolution

The Cardozo Journal of Conflict Resolution would like to dedicate this issue to Gretchen Kail. Throughout her time on the Journal, Gretchen was an inspiration to us all. She worked very hard to upkeep the reputation of our Journal and achieved the success of publishing her Note, Access to Justice: Accelerating the Abandonment of FGM/C, in Volume 19, Issue 3 of this Journal. Gretchen will always be a part of our Journal's family and we will miss her dearly. All of our editors would like to extend our sincerest condolences to Gretchen's family and friends by remembering and celebrating her …

Authority-Based Mediation, Amos Gabrieli, Nourit Zimerman, Michal Alberstein

Cardozo Journal of Conflict Resolution

The paper describes and defines, for the first time, a unique mediation procedure-the authority-based mediation. This procedure was developed by one of the authors of this paper, and is characterized by handling highly complex conflicts in multi-party disputes, which are mostly referred to mediation by the court. Authoritybased mediation is conducted in an evaluative manner, combining in-depth legal discussion with a soft dialog that relates to emotions and interests and results in a settlement, usually following one extended mediation meeting.

Based on a combination of observations conducted in the mediation room and reflections of the mediator himself in relation to …

Indirect And Invisible Organizational Costs: Making Informed Decisions About Litigation And Settlement, Michaela Keet, Heather Heavin, Shawna Sparrow

Cardozo Journal of Conflict Resolution

When anticipating litigation costs for organizations, lawyers and clients tend to focus on direct litigation costs, while overlooking the impact of process costs. In making an evaluation whether to litigate or settle, we assert that lawyers should account for indirect organizational costs within any cost-benefit analysis. This article reviews organizational literature and empirical studies in order to present a template of three spheres of impact: business opportunity, reputation, and organizational psychology. With greater awareness, organizational lawyers can identify and weigh these costs, with the objective of helping their clients better understand the financial impact of dispute resolutions for the organization. …

Public Policy Under Article V(2)(B) Of The New York Convention: Is There A Transnational Standard?, Nivedita Chandrakanth Shenoy

Cardozo Journal of Conflict Resolution

This paper focuses on Article V(2)(b) of the Convention under which recognition and enforcement of an arbitral award may be refused if the competent authority in the country where recognition and enforcement is sought finds that "the recognition or enforcement of the award would be contrary to the public policy of that country." Article V is addressed to the States in which recognition and enforcement is sought and the language in Article V(2)(b) indicates an intention to provide ultimate control to that State to decide whether it will admit a foreign arbitral award into its legal order and use its …

Developing Communities Of Dialogue, Jonathan R. Cohen

Cardozo Journal of Conflict Resolution

We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …

Who Should Own The Benefits Of Standardization And The Value It Creates?, Richard H. Stern

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Second Front — Again? The Rising Tide Of Global Jihadism In East And Southeast Asia, Dr. Mark Kielsgard, Tam Hey Juan Julian

Intercultural Human Rights Law Review

Mainstream scholarship abounds with assumptions that East and Southeast Asia will not constitute a second front in the international war on terrorism. These assumptions typically rely on different motivations, targets and methods employed by terrorist groups in the region as compared to Middle Eastern groups. This article argues that these assumptions are largely outdated, based on faulty conceptual models, fail to take stock of the growth and popularity of ISIS in the region and the significance of political failures of regional governments to adequately address domestic grievances. The peril has grown in recent years from localized sectarian movements and efforts …

Global Water Crisis And Human Rights: A Glass Half Empty, Julian Montoya

Intercultural Human Rights Law Review

Water is Earth's most precious resource as it holds the fate of all living things. Throughout human history, civilizations have depended on a reliable supply of freshwater. From rain-water harvesting and irrigation canals to fracking and groundwater pumping, humans have continually developed ways to control and use water resources. Whether for industry or agriculture, all aspects of human life need water. As a result, societies always faced pressure from various competing interests. Today, however, the demand for water has surpassed sustainability levels overflowing into potentially irreversible paths. Using the New Haven School of Jurisprudence, this paper aims to diagnose the …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 13 (2018).

Arbitration Contracts Between Trustees And Their Investment Agents: A Warning Label, Charles E. Rounds Jr.

North Dakota Law Review

No abstract provided.

Selling Attorney's Fees, Anthony J. Sebok

Articles

Attorneys in the United States are under increasing pressure to change and adopt practices commonly found in the world of finance and business. Over the past thirty years, the bar and legal academics have debated what to do; the focus of this debate has been whether to change Model Rule of Professional Conduct 5.4 to allow partnerships between attorneys and nonlawyers or partnerships owned by nonlawyer shareholders.

One of the reasons attorneys are debating changes to Rule 5.4 is that the practice of law depends on capital, and the old methods for raising capital are no longer sufficient. Rather than …

Documenting Bankrupted Slaves, Rafael I. Pardo

Vanderbilt Law Review En Banc

No abstract provided.

Delaware Court Rejects Claim That Directors Acted In Bad Faith By Selling Company Facing Activist Threat, Robert S. Reder, Celein L. Feys

Vanderbilt Law Review En Banc

No abstract provided.