Dispute Resolution and Arbitration Commons^™

Hanlon, Paul Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Platt, Harry Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Porter, Alexander Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Abrams, Roger Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Knowlton, Christine Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Horowitz, Frederic Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011), Morgan Marcus

UIC Law Review

No abstract provided.

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 …

Red Card Racism: Using The Court Of Arbitration For Sport (Cas) To Prevent And Punish Racist Conduct Perpetrated By Fans Attending European Soccer Games, Alexander Wynn

Cardozo Journal of Conflict Resolution

This Note proceeds in three sections. Part I describes the extent to which racism infects European soccer, the processes by which Uefa addresses violations of the Uefa Statutes and CAS' contributions to sports mediation and arbitration. Part II contextualizes Uefa's governing authority within statutory and case law from the E.U. and the United Kingdom [hereinafter "U.K."] as legal frameworks through which to explore possible reasons why Uefa rarely imposes substantial sanctions on member associations or teams whose fans perpetrate racist acts. Finally, Part III explores the reasons why CAS is better able to address and punish racism in European soccer …

Introduction, The .Xxx Factor, Rita Rodin Johnston

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Salary Caps In Professional Sports: Closing The Kovalchuk Loophole In National Hockey League Player Contracts, Simon Bernstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Disciplining The Disciplinary Systems In Professional Sports: An Attempt To Fix The Arbitrary And Overreaching Disciplinary Powers Of Sports Commissioners, David Sirotkin

Cardozo Journal of Conflict Resolution

This Note contends that commissioners' abilities to unilaterally discipline players must be checked for the protection of players, and that more grievance appeals should go to neutral arbitrators. Part I outlines the commissioners' powers in the four major American sports leagues as conferred upon them by their respective CBAs. Part II discusses the history of commissioners' power in sports to illustrate how their powers have evolved and expanded over time. Part III distinguishes the NFL Commissioner's power and disciplinary authority from that of the NBA, MLB, and NHL Commissioners, as it displays a particularly egregious example of a commissioner's unilateral …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

How The Other Half Lives (Revisited): Twenty Years Since Midler V. Ford - A Global Perspective On The Right Of Publicity, Alain Lapter

ExpressO

For celebrities, name and image are, arguably, two of their most valuable assets. From headlining a movie, to starring in a commercial, to endorsing a product, a celebrity’s persona is potentially worth thousands to millions of dollars. However, this intangible commodity’s worth is often siphoned off by those who appropriate a celebrity’s name or image without authorization or remuneration, thus potentially decreasing the property’s value. In order to stifle this unjust enrichment, celebrities greatly desire the absolute right to control the commercial exploitation of their name and likeness.

In this article, I examine the current state of the right of …

In Facetiis Verititas: How Improv Comedy Can Help Lawyers Get Some Chops, Steven Lubet

ExpressO

Lawyers can learn a lot from the theory of improvisational comedy, and it isn’t just a matter of thinking on your feet. As we will explain, the key concept in both disciplines is the creation of a new, temporary reality. In improvisation, the cast must draw the audience into sharing the constructed reality of the stage, such that they can actually “see” the objects and characters portrayed, without the use of props or costumes. In trial, the lawyer must draw the jury into sharing the re-constructed reality of past events, such that they “see” what happened, even though they were …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon

ExpressO

This article provides a comprehensive analysis of the economic, athletic, and social impact of final offer salary arbitration in Major League Baseball (“MLB”). The article delves into the motivations, fluctuations, and evolution of the player-owner relationship and free agency. The commentary then focuses on the distinguishing features and intricacies of final offer arbitration. Although salary arbitration in the context of Major League Baseball is a topic oft discussed in the law review setting, the analysis rarely reaches the level exhibited in this article. Moreover, most articles on the subject were written between 1996 and 2000 when the 1994 players’ strike …

Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg

ExpressO

The phrase “fishing expedition” is widely used in popular culture and in the law. In the case of metaphorical “fishing” in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of “fishing” also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …

Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone

Cardozo Journal of Conflict Resolution

This Note will discuss the serious legal, ethical, and scientific questions raised by the dispute resolution process for anti-doping violations during the Olympic Games. Throughout the Note, I will highlight both procedural and substantive aspects of the process which raise sufficiently serious legal issues to merit an American court's agreement to review an Olympic arbitration award. Part I will discuss the rise of doping in sports, and the manner in which the problem has been, and is currently being addressed within the Olympic Movement. Part II will explain the hierarchy of sports governing bodies beneath the IOC and also discuss …

A Modest Proposal To Streamline Fair Use Determinations, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Trend Forecast: Imitation Is A Legal Form Of Flattery-Louis Vuitton Malletier V. Dooney & Bourke, Inc., Sarah J. Kaufman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Albert Pujols: Major League Baseball Salary Arbitration From A Unique Perspective, Stuart J. Riemer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Speech: Legal Issues And The Olympics, Ronald T. Rowan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Stuck Between Interlocking Rings: Efforts To Resolve The Conflicting Demands Placed On Olympic National Governing Bodies, Marcia B. Nelson

Vanderbilt Journal of Transnational Law

As the monetary stakes in amateur athletics have increased so have the conflicts between athletes and the organizations that govern them. Caught in the middle of these conflicts are the Olympic National Governing Bodies as they try to implement the rulings of the International Olympic Committee and of the courts in their states. This Note surveys the Olympic organizational structure and the ability of United States athletes to seek relief in United States courts. Also, this Note examines the benefits and detriments of using arbitration to resolve disputes between amateur athletes and governing bodies. This Note concludes that the current …

Judicial Review Of Labor Arbitration Awards: Practices, Policies, And Sanctions, Mark Berger

Faculty Works

No abstract provided.

Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Progress Of The Law: Hemisphere Trial Link / Antiquity And The Law / New Court Rules / Easing Of Adoptions / Blackout Motorists / Ad Lib Tv Defamation Constitutes Libel-Not Slander / Foreign Aid Program / Law Of The Sea / Mediators Ask Confidential Role

NYLS Law Review

No abstract provided.