Dispute Resolution and Arbitration Commons^™

Incorporating Alternative Dispute Resolution At The United Nations: Establishing And Implementing And Arbitration Panel To Determine Whether A Permanent Member Of The Security Council Can Or Cannot Veto Proposed Resolutions Potentially Involving Human Rights Violations And Mass Atrocities, Jillian Leavey

Cardozo Journal of Conflict Resolution

No abstract provided.

Stronger - Not Together: The Needed Elimination Of Mandatory Arbitration For Sexual Misconduct Claims Against The United States Olympic & Paralympic Committee & International Olympic Committee, Peri L. Ayzidor

Cardozo Journal of Conflict Resolution

Mandatory arbitration clauses have acted as litigation blocks in employment and commercial contracts for decades. The downfall of such clauses was catalyzed by the infamous trial of Olympic doctor, Larry Nassar. The grueling evidence and testimony sparked the creation of acts such as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act ("EFSASHA"), which barred the enforcement of mandatory arbitration clauses in claims involving sexual misconduct. Mandatory/forced arbitration clauses keep any claims made by employees or individuals private and limits their right to take a claim to court. Such clauses make it almost impossible for sexual misconduct survivors …

What Happens When The Conflicts Of Interest Board Does Not Prevent Conflicts? Examining New York City Charter Chapter 68, Abigail Damsky

Cardozo Arts & Entertainment Law Journal

The note critiques the New York Board's advisory opinion on elected officials' use of personal social media accounts, arguing that it contravenes Chapter 68 and Board Rule Section 113 by allowing the use of city resources for political gain, undermining government integrity, and creating transparency issues under the Freedom of Information Law (FOIL). The analysis advocates for revising the advisory opinion to align with existing ethical standards and ensure accountability.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …

Are Compelled Arbitration Clauses In Coaches’ Contracts With The Nfl Effective And Fair To All Parties?, Andreas Kouzouloglou

Cardozo Journal of Conflict Resolution (CJCR) Blog

Employment agreements between football coaches and the NFL grants the NFL commissioner “the full, and complete, and final jurisdiction and authority to arbitrate” various forms of disputes between the two parties. There is one case that is currently being litigated challenging the legality of this arbitration provision. In Flores v. NFL, the plaintiffs attack the clause for being overbroad and unconscionable. Arbitration agreements can be an effective way to settle disputes as an alternative to litigation, but sometimes when there is unequal bargaining power resulting in one entity in complete control of the process, the negative consequences outweigh potential benefits. …

Ups And Teamster: Setting A New Bar For Negotiations And Conflict Resolution, Angel Zheng

Cardozo Journal of Conflict Resolution (CJCR) Blog

On July 25th, 2023, the International Brotherhood of Teamsters (“Teamster”) reached a tentative agreement with United Parcel Service (“UPS”), affecting more than 340,000 UPS workers. A month later, on August 22nd, 86% of the union members voted in favor of ratifying the National Master Agreement. The negotiated agreement not only prevented one of the largest strikes in U.S. history, but also raised the bar for all workers in the labor movement. This entire conflict demonstrates the importance of negotiations and dispute resolution because negotiation was able to help avoid a major strike and negotiate a favorable contract.

This post was …

Navigating The World Of Tiktok Influencers And Using Adr Methods To Negotiate Brand Deals And Contracts, Peri Ayzidor

Cardozo Journal of Conflict Resolution (CJCR) Blog

Anyone using social media in the last three years has been exposed to or heard of TikTok. With over 1.4 billion monthly active users, the social media platform TikTok has taken the world by storm. It allows users to create videos lasting from 15 seconds to three minutes, covering thousands of categories, from makeup tutorials to tutoring explanations. The app has been a particular hit for influencers. An influencer is someone who has the power to impact the purchasing decisions of others because of a certain appeal or relationship with the audience. Many influencers have taken advantage of the app’s …

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …

Aureliano Buendia And President Gustavo Petro: The Impact Of A Dual-Sided Stakeholder And Leader On The Colombian Peace Accords, Samantha Sanchez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Colombia has endured a nearly 60-year-long internal conflict between paramilitary groups, and allegedly its own military, costing the lives of countless civilians and setting the country’s post-colonial development back decades. Former Colombian President Juan Manuel Santos was awarded the Nobel Peace Prize for mediating a four-year-long deal with paramilitary groups that terrorized–mainly rural and indigent–neighborhoods for decades. However, many critics thought the award was premature, considering the nearly half a million deaths as a result and the impunity of human-rights offenders. Current struggles in the country prove that those critics may have been likely right.

This post was originally published …

Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett

Cardozo Journal of Conflict Resolution (CJCR) Blog

What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.

This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.

How Can The Internal Revenue Service Improve Its Alternative Dispute Resolution Programs To Deliver Better Benefits?, Armando Gonzalez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Most individuals and businesses file their tax return(s) and forget about the Internal Revenue Service (“IRS”) until it’s time to repeat the process the following year. However, sometimes disputes may arise “when a taxpayer fails to agree with an IRS finding, refuses to file a tax return, or refuses to comply with an IRS request for information.” To address some of these disputes, the IRS offers six alternative dispute resolution (“ADR”) programs through its Independent Office of Appeals, where mediation is leveraged to avoid costly litigation and lengthy appeals.

This post was originally published on the Cardozo Journal of Conflict …

Closing Remarks & Thanks

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Problem-Solving Courts, Andrea K. Schneider, Tali Gal, Hadar Dancig-Rosenberg, Alma Magaña, Michael O'Hear, Amanda Berman, Erin Collins, Emmanuel Arnaud, Kathryn E. Miller, Kay Levine

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Success Stories in Community Courts: Listening to Participant Voices

Moderator: Andrea Schneider

Presenters: Tali Gal, Hadar Dancig-Rosenberg

Commenters: Alma Magana, Michael O'Hear, Amanda Berman

2. Beyond Problem Solving Courts

Moderator: Andrea Schneider

Presenter: Erin Collins

Commenters: Emmanuel Arnaud, Kathryn Miller, Kay Levine

You can view the video recording by clicking here.

Keynote Address, Courtney Bryan

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

You can view the video recording by clicking here.

Innovations In Plea Bargaining Ii, Jonathan Oberman, Cynthia Alkon, Amy Schmitz, Elayne Greenberg, Erin Collins, Alma Magaña

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

Opening the Virtual Window: How On-Line Processes Could Increase Access to Justice in the Criminal Legal System

Moderator: Jonathan Oberman

Presenters: Cynthia Alkon, Amy Schmitz

Commenters: Elayne Greenberg, Erin Collins, Alma Magana

You can view the video recording by clicking here.

Innovations In Plea Bargaining, Jessica A. Roth, Kay Levine, Ron Wright, Kathryn E. Miller, Justin Murray, Kyron J. Huigens, Amy Schmitz, Michael O’Hear, Bennett Capers

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Prosecutor Initiated Review of Sentences

Moderator: Jessica Roth

Presenters: Kay Levine and Ron Wright

Commenters: Kathryn Miller, Justin Murray, Kyron Huigens, Amy Schmitz

2. Lessons from Plea Bargaining in Homicide Cases

Moderator: Jessica Roth

Presenter: Michael O'Hear

Commenters: Ron Wright, Bennett Capers, Kyron Huigens

You can view the video recording by clicking here.

Welcome & Introduction, Daniel Kim, Andrea K. Schneider

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Registration/Breakfast

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

Join the Cardozo Journal of Conflict Resolution on October 27, 2023, from 8:30 am - 4:00 pm EST for the annual Melnick Symposium. Held in the Cardozo Lobby and Moot Court Room, this year's theme is "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" The symposium will explore criminal legal reform, the integration of restorative justice, problem-solving courts, diversion, bail reform, and plea bargaining, along with the roles of judges, prosecutors, defense attorneys, and the public. Papers will address effective system design and problem-solving for all stakeholders.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023 Event Invitations

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023 Event Invitations

Please join Kukin Program for Conflict Resolution for All Things ADR, to learn about Cardozo's Alternative Dispute Resolution activities and societies.

Kukin Program Newsletter – Fall 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2023 highlights key developments, events, and achievements within Cardozo Law’s Kukin Program for Conflict Resolution. The newsletter covers updates such as the launch of the Cardozo Invitational Negotiation in Entertainment, Media, and Art, and Gloria Steinem's recognition with the International Advocate for Peace Award. It also announces new courses, including The Law of Settlement and International Peacebuilding: Israel, and welcomes new adjunct faculty. Additionally, students and alumni achievements are featured, such as awards, fellowships, and new roles in conflict resolution and mediation. Notably, the newsletter shares information on restorative justice initiatives and diversity …

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023 Event Invitations

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Cardozo Law Review

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies.

Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …