Dispute Resolution and Arbitration Commons^™

The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek

Cardozo Journal of Conflict Resolution

FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …

The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano

Brooklyn Journal of International Law

In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Taking A Shot At Mediation Is The Solution To Nba Player-Trade Demands, Jemuel Gascon

Pepperdine Dispute Resolution Law Journal

This article proposes that the upcoming CBA in 2024 should include an initial mediation process for voluntarily resolving trade demands. Part two of this article looks at the background of player-trade demands; it looks at past demands in both the NBA and other sports.37 It also explores the pros and cons about player-trade demands and how they affect the NBA.38 Part three of this article proposes that the use of mediation can tame trade demands’ negative side effects and explores the proposition of including a voluntary mediation clause for trade demands on the next CBA negotiations.39 Part four will raise …

The “Fundies” Of Adr In The Nhl, Niko Tsiouvaras

Pepperdine Dispute Resolution Law Journal

This note seeks to provide to an overview of how the fundamentals (or “fundies” in hockey circles) of ADR can be applied to the NHL’s most pressing issues. It will analyze two areas specifically: the overall CBA negotiations in the big picture and the RFA system in a narrower view. Part II will provide context of the events leading up to the current NHL landscape. It will outline the history of NHL–NHLPA relations, describe the main issues influencing the upcoming CBA negotiations, and explain the workings of the RFA system. Part III will then present and discuss proposed solutions to …

Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest

Pepperdine Dispute Resolution Law Journal

This paper argues that Major League Baseball should amend its Collective Bargaining Agreement (CBA) to remove the outright ban on certain types of statistical evidence to help prove a player’s value. First, the paper briefly describes the history of the compensation system in the MLB and its evolution. Then, it details how final offer arbitration became the default mechanism for resolving compensation disputes between teams and players. The paper subsequently focuses on the Collective Bargaining Agreement’s carve-out of statistical evidence and notes the similarities and differences between Major League Baseball’s evidentiary standards governing salary arbitration hearings and the Federal Rules …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

2020 International Advocate For Peace Award, Melanie Leslie, Lela P. Love, Zachary Kriesberg, Prabha Sankaranarayan, Ken Cloke, Dave Joseph, Gwendolyn Meyers, Mary Montague, Shadia Marhaban

Cardozo Journal of Conflict Resolution

On September 23, 2020, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to Mediators Beyond Borders International. What follows is a transcript of the event.

Blockchain, Disintermediation And The Future Of The Legal Professions, Paola Heudebert, Claire Leveneur

Cardozo International & Comparative Law Review

Will the 2020s herald the death warrant of the legal professions? If we listen to blockchain technology's most devout advocates, the answer is a resounding yes. Blockchain is often proclaimed as the ultimate tool for allowing unrestrained exchanges between contracting parties with no preexisting relationships, thus suppressing the need for intermediaries. In other words, blockchain could be a "trust machine," which could open up the possibility of conducting transactions in full confidence, without the risk of nonperformance or misguidance. However, it is utopian idealism to assume that blockchain technology could enable pure and total disintermediation. All trusted third parties cannot …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Advantages Of Incorporating Mechanisms From The Salary Arbitration Models Of Mlb And The Nhl In A Salary Arbitration System In Mls, Andrew Real

Pepperdine Dispute Resolution Law Journal

This article will propose that Major League Soccer adopt a salary arbitration system similar to that used in both Major League Baseball and the National Hockey League. MLS should emulate those strategies of other professional leagues that have resulted in growth. The salary arbitration model is one such advantageous strategy. Part II of this article will provide a summary of the current salary structures and mechanisms of MLS. Part II will also discuss the problems and the origins of the problems associated with MLS's current salary structures and mechanisms. Part III will summarize how salary arbitration is utilized in MLB. …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Where's The Beef: The Use Of Mediation To Resolve Disputes Between Rappers, Craig Epstein

Cardozo Journal of Conflict Resolution

The issues posed by rap feuds persist and remain prominent in the music industry and the news. In fact, rap feuds have received major media coverage in recent months, prompting major public confrontations between some of music's biggest stars. Therefore, this Note will endeavor to better understand the history and evolution of the genre of rap, and the movements and specific events that shaped its current adversarial character. The Note will also examine certain aspects of rap feuds and the ways in which they are waged that would indicate a potential to use mediation as a means to bring about …

“Breaking Up Is Hard To Do”: Conceptualizing The Artist-Manager Relationship As A Marriage For Purposes Of Alternative Dispute Resolution, Gillian Sloane

Cardozo Journal of Conflict Resolution

The problem is not that the artist-manager relationship is a highly personal one. The problem is, that due to the present state of the music industry and current legislation, the nature of the relationship is given no weight when disputes between the parties occur. The constraining designation of the artist-manager relationship and ineffective legal remedies provided when disputes arise, negatively affect the viability of the relationship and essentially guarantee dissolution of the relationship.

This Note addresses that problem. Instituting different forms of alternative dispute resolution ("ADR") processes, commonly applied in divorce and family law, at different stages of the artistmanager …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

It’S Time To Pay Up, The Justification For Higher Salaries For Wnba Players: An Analysis Of The Wnba’S Success And Employing Mediation Between The Wnba And Nba To Leverage Future Success, Lerae Ettienne

Pepperdine Dispute Resolution Law Journal

This comment looks at the potential positive effects that mediation can have in fostering a better relationship between the two leagues and for the WNBA and its players to get their much-deserved respect and compensation. First, the comment will go in depth regarding the structure of the WNBA, and its history to date. Next, the comment will examine the WNBA’s success despite the discrepancy in pay and the purported lack of viewership. The comment will then expound on the rise of mediation as one of the major ADR tools. Next, the comment will analyze the success of mediation in professional …

Nfl 3-0 In Federal Appellate Court Challenges To Player Suspensions: A Pattern Of "Substantial Deference" To The Nfl Creates And Uphill Battle For Players, Kara Crawford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

International Advocate For Peace Award Acceptance Speech, James Paul Mccartney

Cardozo Journal of Conflict Resolution

On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.

Anatomy Of A Baseball Law Course, Robert M. Jarvis

Marquette Sports Law Review

None

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

None

Novel Adaptation To Stage And Screen: Rethinking The Contractual And Creative Process, Jennifer Rainville Mccabe

Cardozo Journal of Conflict Resolution

No abstract provided.

The Role Of Transformative Mediation In Family Business Disputes, Jacob Lebovics

Cardozo Journal of Conflict Resolution

In Part II, this note will attempt to lay out the benefits and detriments of approaching family business disputes through litigation, alternative dispute resolution, and various methods of mediation, with a goal of explaining how transformative mediation relates to other approaches of resolving conflict. Part IHl will discuss the unique issues that apply to family business conflicts and how concepts from other disciplines of study can be utilized to help best achieve the goals of a family business. Part IV will propose how transformative mediation is well suited to address these conflicts and what form of transformative mediation would reach …

2001 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2000 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2002 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2003 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2007 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

2006 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.