Law Commons^™

How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao

Faculty Scholarship

No abstract provided.

The M Word: From Partial Coverture To Skills-Based Fiduciary Duties In Marriage, Jo Carrillo

Faculty Scholarship

No abstract provided.

Mission Creep In Military Lawyering, Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Foreign Official Immunity And The "Baseline" Problem, Chimène Keitner

Faculty Scholarship

No abstract provided.

The Potential Of Shared Decision Making To Reduce Health Disparities, Jaime S. King, Mark H. Eckman, Benjamin W. Moulton

Faculty Scholarship

No abstract provided.

Coming Clean And Cleaning Up: Does Voluntary Self-Reporting Indicate Effective Self-Policing?, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.

Different Cultures, Different Conflicts: Sex Discrimination Law And The United States And Japan, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon

Cardozo Journal of Conflict Resolution

In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …

Citizen David Tames Gas Goliaths On The Marcellus Shale Stage: Citizen Action As A Form Of Dispute Prevention In The Internet Age, Elisabeth N. Radow

Cardozo Journal of Conflict Resolution

"Water, water everywhere and not a drop to drink." This could soon become the lament of millions of people who derive their drinking water from sources located near the latest natural gas boom site in the East, known as the "Marcellus Shale" region. Drilling is underway in Pennsylvania and West Virginia, but not yet in New York. The focus here is New York.

Comments To The Consumer Financial Protection Bureau In Connection With Its Review Of Arbitration For Consumer Financial Products Or Services, Edna Sussman

Cardozo Journal of Conflict Resolution

This report is submitted by the Dispute Resolution Section of the New York State Bar Association to provide background and highlight issues the Bureau may wish to consider in fulfilling its charge. The report takes no position as to the appropriate treatment of consumer disputes, but strongly supports a thorough examination of dispute resolution processes to ensure that they are in the public interest and fair to consumers.

Opening Remarks, Peter T. Coleman

Cardozo Journal of Conflict Resolution

No abstract provided.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 13 (2011-12)

Cardozo Journal of Conflict Resolution

No abstract provided.

Mediation: A Revolutionary Process That Is Replacing The American Judicial System, Richard M. Calkins

Cardozo Journal of Conflict Resolution

It has been said that the American judicial system is the finest yet devised by mankind. It seeks the truth in all instances and to do justice to all who enter its hallowed halls. Indeed, Americans not only have the right of access to civil courts but also to be judged by their peers in all federal courts and in most state courts. So fundamental is the right to trial by jury that it is enshrined in the Bill of Rights to the United States Constitution. The Seventh Amendment assures that all persons being heard in federal courts have the …

Alternative Dispute Resolution Expands Into Pre-Trial Practice: An Introduction To The Role Of E-Neutrals, Allison O. Skinner

Cardozo Journal of Conflict Resolution

Alternative dispute resolution is a viable tool for case management. The use of a third party neutral for resolving discovery disputes and related pre-trial issues offers litigants an alternative for managing the pre-trial phase of a lawsuit in an efficient manner. Alternative dispute resolution is expanding into pre-trial practice in response to two forces: 1) Judicial budgetary constraints; and 2) E-discovery. Both factors require litigants to approach discovery in a manner that meets Federal Rule of Civil Procedure 1-"just, speedy and inexpensive determination of every action and proceeding"-and Federal Rule of Civil Procedure 37-"Failure to Make Disclosures or to Cooperate …

Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg

Cardozo Journal of Conflict Resolution

Arbitration, as a favored alternative to court systems, finds its validity in both state and federal law. The Federal Arbitration Act ("FAA") was enacted in 1925 unopposed, reflecting a strong favored alternative by the federal government to the Article III courts. This presumption was established in Section 2 of the FAA, which provides that contracts that include an arbitration clause "shall be valid, irrevocable, and enforceable" unless a court finds "grounds as exist at law or in equity for the revocation of any contract [or clause]."

Mismatch.Com: Online Dispute Resolution And Divorce, Rebecca Brennan

Cardozo Journal of Conflict Resolution

This Note proposes that online dispute resolution (ODR) is a particularly therapeutic method of negotiating and settling a divorce, and in some circumstances may be a more appropriate method than traditional face-to-face mediation sessions. Part I will discuss divorce and its psychological and emotional consequences. Part II will discuss therapeutic jurisprudence and why it is especially beneficial as applied to the dissolution of marriages. Part III will discuss ODR in general, its development, and its application to a variety of legal fields. Part IV will discuss the advantages and disadvantages of ODR, particularly with regards to therapeutic jurisprudence and divorce …

Music To Everyone's Ears: Binding Mediation In Music Rights Disputes, Matthew H. Ormsbee

Cardozo Journal of Conflict Resolution

Litigation has been the mainstay of copyright disputes since America's earliest copyright statute first permitted a cause of action for copyright infringement in 1790. While alternative dispute resolution ("ADR") has become more prevalent in other areas of the law, many copyright attorneys and their clients do not typically consider ADR processes a viable option because these processes are still relatively new to copyright law.

This Note proposes greater use of binding mediation, a specialized ADR process, in music rights disputes, which are fundamentally copyright infringement disputes. Section I discusses the background of copyright litigation and modern application of ADR in …

A Solution To Holdouts In The National Football League: How Salary Arbitration Can Limit A Growing Problem, Roger Quiles

Cardozo Journal of Conflict Resolution

This Note will explore the intricacies of Major League Baseball's salary arbitration system, as established in the league's CBA with the MLB Players' Association (hereinafter, "MLBPA"), in order to create a suitable and similar forum for the NFL. The MLB salary arbitration model is not perfectly transposed to the NFL, but can be slightly modified to reflect the differences between the sports. The primary difference is that the NFL establishes a salary cap that a team's payroll may not exceed, whereas MLB teams can carry as big of a payroll as they want. Though the salary cap raises several questions …

Climate Change: A New Realm Of Tort Litigation, And How To Recover When The Litigation Heats Up, Lauren Case

Santa Clara Law Review

No abstract provided.

Stock Option Backdating: Is The Government's Response Enough To Eliminate The Problem Or Is It Still A Work In Progress, Lara E. Muller

Santa Clara Law Review

No abstract provided.

Dangerous Criminals, The Search For The Truth And Effective Law Enforcement: How The Supreme Court Overestimates The Social Costs Of The Exclusionary Rule, John P. Gross

Santa Clara Law Review

No abstract provided.

Physical Takings, Regulatory Takings, And Water Rights, Josh Patashnik

Santa Clara Law Review

No abstract provided.

Restoring The Founders' Ideal Of The Independent Jury In Criminal Cases, Thomas Regnier

Santa Clara Law Review

No abstract provided.

Touching And Concerning Copyright: Real Property Reasoning In Mdy Industries, Inc. V. Blizzard Entertainment, Inc., Molly Shaffer Van Houweling

Santa Clara Law Review

No abstract provided.

Implementation Analysis Of Two Legal Means To Grant Undocumented Immigrant Crime Victims U.S. Residency Status, Shelley Sellwood-Davis

MPA/MPP/MPFM Capstone Projects

In order to complete an implementation analysis of the T Human Trafficking Status and the U Victims of Crime Status, legislation, articles, annual reports produced by the government and its agencies, and written documents were assessed and compiled to create a framework for highlighting the significant elements of each status, a process that has not been done prior to this effort. This framework was then examined from an intervention theorist’s perspective to assess whether the statuses have been implemented in a manner that meets the goals of the authorizing legislation.

The T Human Trafficking Status and U Victims of Crime …

"Courting" Time: Assessing The Policy And Planning Issues Related To Adoption Of Case Processing Standards In The Kentucky Judicial System, John B. Dobson

MPA/MPP/MPFM Capstone Projects

No executive summary.

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property (IP) sits at the center of the global economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who have expertise in intellectual property law. These lawyers are the new leaders in intellectual property law.

The global demand for intellectual property law-trained lawyers triggered a "big bang" in the creation of advanced intellectual property law programs (IP Programs) at American law schools. The new leaders in …

Space Debris And Its Threat To National Security, Joseph S. Imburgia

Vanderbilt Journal of Transnational Law

In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris. In 2009, the collision of two satellites created thousands more. By 2010, more than 95 percent of all man-made objects in Earth's orbit were debris. Such a sudden and massive addition to the space debris environment since 2007 poses a direct threat to operational satellites and continued space access. This in turn threatens U.S. national security, to which space access and use is vital. Unfortunately, future increases in the number of space-faring nations and corresponding launches will only exacerbate this space debris …

The "Three Strikes" Policy In Korean Copyright Act 2009: Safe Or Out?, Sun-Young Moon, Daeup Kim

Washington Journal of Law, Technology & Arts

Korea has grown to be one of the Internet powers in a short period. Because of insufficient copyright protection, Korea recently revised the Korean Copyright Act to reinforce protection of copyright and promote sound distribution of copyrighted works. The new law allows the Minister of Culture, Sports and Tourism to issue orders and the Korea Copyright Commission to issue recommendations. Orders and recommendations are distinguished by the subject of the issuance and the legal force. Orders and recommendations enable online service providers to delete or stop transmission of illegal reproductions, give warning notices to infringers, or suspend the account of …

Standardizing Warhol: Antitrust Liability For Denying The Authenticity Of Artwork, Gareth S. Lacy

Washington Journal of Law, Technology & Arts

Art authentication boards are powerful; their determinations of authenticity can render artwork worthless or add millions of dollars to market value. In the past, boards that denied authenticity of artwork typically risked tort liability for disparagement, defamation, or fraud. In Simon-Whelan v. Andy Warhol Foundation for the Visual Arts, Inc., however, an art collector alleged monopolization and market restraint after an authentication board denied the authenticity of his Andy Warhol painting by stamping “DENIED” on the back of it. The case is the first antitrust lawsuit against an authentication board to survive the defendant’s motion to dismiss. The decision …