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Articles 1 - 21 of 21
Full-Text Articles in Communications Law
Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban
Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban
Cardozo Journal of Conflict Resolution
This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
Cardozo Journal of Conflict Resolution
Online mediation has developed significantly over the past decade, and increasingly so following the COVID-19 pandemic. Online mediation platforms are now integrated into both private and public settings, enabling mediation through diverse means-from videoconferencing software to dedicated platforms that use various procedural and technological tools, including artificial intelligencepowered applications. The digital transformation of the mediation process introduces challenges and opportunities for mediators, parties, and mediation platforms, many of which stem from new digital datahandling practices. This article explores how such digital transformation of mediation impacts the parties' rights to self-determination and privacy. Recognizing that these rights derive from the parties' …
Arbitrating Social Media Content: A Framework For Banning High-Profile Users Through Third-Party Arbitration, Rachel Gershengoren
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.
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat
Cardozo Journal of Conflict Resolution
No abstract provided.
Thinking Ahead In The Grey Zone, Chris Honeyman, Ellen Parker
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 …
The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli
Cardozo Journal of Conflict Resolution
American political talk has grown so fragmented and polarized that some observers say that "[w]e are no longer in any 'public conversation." Accusations of "fake news" are followed by disheartening discoveries that providing people with accurate information may only serve to further entrench their erroneous beliefs. One longtime journalism professor worries aloud that "what's at risk is the idea of a public that is even 'inform-able."' Putting the problem in terms familiar to mediation, can we get the parties back to the table? This essay will focus on journalists, whose ideal has been to maintain a neutral position from which …
Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello
Cardozo Journal of Conflict Resolution
This Note seeks to answer the following question: How Twitter, its users, and the President can participate in a multi-party negotiation to decide on terms to enact into a user agreement for Twitter for the purposes of ensuring citizens' First Amendment rights are not violated if the President blocks them on Twitter. Part II of this Note discusses the role of the government when they suppress speech on public forums. It additionally addresses how Trump's actions of blocking citizens were declared a violation of their First Amendment rights. Part III raises the issues citizens face when naming the President as …
Access To Digital Justice: Fair And Efficient Processes For The Modern Age, Orna Rabinovich-Einy, Ethan Katsh
Access To Digital Justice: Fair And Efficient Processes For The Modern Age, Orna Rabinovich-Einy, Ethan Katsh
Cardozo Journal of Conflict Resolution
A recent New York Times article described a floating courthouse operating in rural Brazil, traversing the Amazon River in an attempt to bring the rule of law to the far ends of the country and overcome the many barriers in approaching Brazilian courts. Other countries, such as Pakistan, have relied on mobile courtbuses, while others still have proposed "pop-up courts" as a solution to over-crowded, inaccessible, and costly court proceedings.
Can't We All Get What We Want?: The Use Of Tiered Dispute Resolution As A Means Of Sustaining Free Market Channel-Sharing Arrangements Resulting From The Fcc's 2016 Incentive Auction, Daniel Spencer
Cardozo Journal of Conflict Resolution
This Note will first discuss the history of the FCC's regulatory authority, including its prior allocations of spectrum and the power under which it has the authority to repurpose the 600 MHz spectrum band. Next, this Note will detail the procedures that will be used in the upcoming Incentive Auction, and explore the options posed to broadcasters. In particular, it will emphasize the viability of one option-the ability to channel share-as the most economically efficient use of spectrum in certain cases. This Note will then propose the inclusion of tiered dispute resolution clauses within channel-sharing arrangements to help preemptively resolve …
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia
Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia
Cardozo Journal of Conflict Resolution
This Note discusses how classwide arbitration in food labeling disputes can better serve as a resolution method for both parties. Part I will review the current legal landscape surrounding food labeling litigations and the limitations of the FDA's regulatory and enforcement power. It will analyze how the lack of regulation has led to the recent surge in food labeling class actions. Part II will introduce the general benefits and downfalls of mandatory arbitration in comparison to litigation as a means of legal remedy. Furthermore, it will describe the recent trend of incorporating mandatory arbitration clauses and class action waivers in …
Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh
Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh
Cardozo Journal of Conflict Resolution
To understand the impact that compulsory licenses have on the music industry, Section II of this Note focuses on the three major licenses for music compositions-the mechanical license, the performing rights license, and the sync license. Section III discusses why compulsory licenses no longer benefit the music industry and why free market negotiation is the superior approach. This section will also address the potential problems arising from free market negotiation, such as the power imbalance in negotiations between major record labels and new artists. Finally, Section IV proposes online mediation to remedy the difficulties that may occur due to unrestricted …
Trusting Strangers: Dispute Resolution In The Crowd, Anjanette H. Raymond, Abbey Stemler
Trusting Strangers: Dispute Resolution In The Crowd, Anjanette H. Raymond, Abbey Stemler
Cardozo Journal of Conflict Resolution
Hoping to be the next Pebble, entrepreneurs and businesses have flocked to various crowdfunding platforms to contribute dollars to fund initial launches of products and other investments. As readers are undoubtedly aware, Kickstarter was the first and bestknown crowdfunding website, having helped to launch more than 95,000 projects to date. On March 3, 2014, Kickstarter reported that it passed $1 billion in pledges with over 5.7 million people donating to creative projects. There are currently over 800 crowdfunding platforms, with the bulk of dollars contributed going to social campaigns. Of course, as donations grew and the number of backers surged, …
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations, Daniel J. Weiss
The Bomb Keeps The Lights On: The Use Of Final-Offer Arbitration In Failed Retransmission Consent Negotiations, Daniel J. Weiss
Cardozo Journal of Conflict Resolution
This Note will consider the imposition of binding arbitration in instances of failed retransmission consent negotiations between broadcasters and cable companies. It will first consider the FCC's authority to do so under the Communication Act of 1934 and the ADRA. Central to this discussion will be the debate and legislative history surrounding the 1992 Act and the way that mandatory binding arbitration has been used other contexts by the Commission. Further, this Note will explore the specific type of arbitration to be employed by the FCC in event the Commission finds they have the authority to mandate such a procedure. …
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
Cardozo Journal of Conflict Resolution
This Note examines how arbitration and mediation can be injected into the online copyright debate to better serve the interests of all parties. First, this Note addresses past litigation models to compare the benefits and costs of using the courts to resolve piracy issues. The history of litigation against mass peer-to-peer file sharers and individual downloaders is an important aspect to this story. Next, this Note describes the current state of copyright laws and how SOPA and PIPA would alter copyright protection against foreign piracy. Copyright holders, predominately represented by the Recording Industry Association of America, and content hosts, such …
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes, Kori Clanton
We Are Not Who We Pretend To Be: Odr Alternatives To Online Impersonation Statutes, Kori Clanton
Cardozo Journal of Conflict Resolution
This Note focuses on how online dispute resolution ("ODR") processes, as opposed to litigation, offer a more efficient and effective legal solution to resolving online impersonation disputes. The purpose of this Note is to analyze the measures state legislatures and social media websites have implemented to combat online impersonation cases, and to propose a practical ODR solution that will eliminate the burdens of litigation and provide a cost-efficient and time-effective remedy. Section I provides an introduction to the current relevance and rising incidents of online impersonation via social media websites such as Facebook and Twitter. Section II explores the historical …
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch
From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch
Cardozo Journal of Conflict Resolution
The first section discusses the background of the role of alternative dispute resolution ("ADR") in television, starting with the courtroom dramas that helped bring ADR to mainstream culture. Next, the Note will explore the regulations that helped to shape the television industry, in conjunction with a discussion of why the impact of these regulations is still being felt today. Then, the Note will discuss the effect that guilds, such as the Screen Actors Guild ("SAG") and American Federation of Television and Radio Artists ("AFTRA"), have on arbitration provisions and contracts as a whole, as well as a bigger picture analysis …
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Cardozo Journal of Conflict Resolution
The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Cardozo Journal of Conflict Resolution
In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.
News Media As Mediators, Carol Pauli
News Media As Mediators, Carol Pauli
Cardozo Journal of Conflict Resolution
This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.
Military Spying In The United States: When It Is Not Your Neighbor Knocking At Your Door, Where Do You Turn?, Miriam Schneider
Military Spying In The United States: When It Is Not Your Neighbor Knocking At Your Door, Where Do You Turn?, Miriam Schneider
Cardozo Journal of Conflict Resolution
This Note will describe the role of the military in the United States and its relationship to privacy rights. Part I of this Note will describe the historical underpinnings that led to a limited role for the military within the United States territory, beyond defending against attack. Part II will describe the expectations by the courts and legislature for the military. In addition, it will illustrate instances where the military, along with numerous federal agencies, overstepped its traditional, constitutional and legal bounds. Part III will offer the legislature's response to, and its subsequent regulation of, the military and other federal …