Dispute Resolution and Arbitration Commons^™

Cjcr Publishes Volume 24, Issue 2 (Spring 2023), 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—today published the web edition of Volume 24, Issue 2 (Spring 2023). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 10, 2023. The original post can be accessed via the Archived Link button above.

Why The Political Peace Process Failed Between The Afghanistan Central Government And The Taliban And How Using Negotiation Could Help Resolve The Conflict, Ross Herman

Cardozo Journal of Conflict Resolution (CJCR) Blog

The central government of Afghanistan and the Taliban reached a deadly stalemate, taking around one hundred lives a day from each side between 2018 and 2021. Their failure to reach a peace agreement may be due to the United States’ involvement and conflicting interests between the different Afghan groups.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 7, 2023. The original post can be accessed via the Archived Link button above.

California’S Proposed Ban On Mandatory Arbitration Agreements As A Condition Of Employment, Samuel Silverman

Cardozo Journal of Conflict Resolution (CJCR) Blog

California is casting uncertainty on the employer’s ability to implement mandatory arbitration agreements on employees. In October 2019, Governor Newson signed Assembly Bill No. 51, which would apply to employment contracts entered, modified, or extended on or after January 1, 2020. This bill created Labor Code Section 432.6, banning mandatory arbitration agreements as a condition of employment in California. This would work around the Federal Arbitration Act, which requires courts to enforce arbitration agreements, preempting the state laws that stood in its way. Critics argue that the process favors employers and discourages prospective employees from bringing legal claims. On the …

To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

In mediation, conflicting parties meet with a mediator, a neutral party, to help them resolve their dispute. Mediations have traditionally been conducted in person, due to the importance of nonverbal communication in the mediation process. During Covid-19, however, states issued stay-at-home orders to prevent the spread of the virus. This mandate led to mediations conducted virtually through the use of videoconferencing platforms like Zoom. I interviewed ten mediators who mediate across different areas of law to hear their thoughts on the differences between mediating virtually and in person, difficulties with mediating virtually, and if they will return to in person …

Mlb’S Salary Arbitration: Future Prospects For A Historic Adr Model, Eliott Dosetareh

Cardozo Journal of Conflict Resolution (CJCR) Blog

As the oldest major professional sports league in the country, the MLB’s record of salary arbitration has its roots in over 150 years of baseball history. The first Collective Bargaining Agreement or “CBA” was signed by the players union and owners in the early 1970s, creating a process for salary arbitration in which players not yet eligible for free agency would be compensated based upon their seasonal performances.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 30, 2023. The original post can be accessed via the Archived Link button above.

Mediation In The Metaverse: The Future Of Online Dispute Resolution?, Miranda Sapoznik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The technological revolution was propelled following the inception of the COVID-19 pandemic. The wide-spread disruption of everyday functioning highlighted the need for virtual means of connection, consequentially altering communication norms across almost all arenas. Justice systems across the globe were no exception to this shift, as online dispute resolution ("ODR”) became a necessary mechanism to address legal conflicts. As ODR became the new normal in alternative dispute resolution (“ADR”), various digital platforms developed to accommodate the growing need.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be …

Analyzing Brittney Griner’S Detention And Release, Zachary Knoop

Cardozo Journal of Conflict Resolution (CJCR) Blog

Editor’s Note: The following article has two parts. The first part was written prior to the prisoner swap that brought Britney Griner back to America. The second part was added by the author after the swap.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be accessed via the Archived Link button above.

How Nike’S Trademark Infringement Lawsuit Against Kool Kiy & Omi May Benefit From China’S Wuhan Intermediate People’S Court’S Approach To Mediation, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November 2022, Nike filed a trademark infringement lawsuit against Kool Kiy, Omi, and China-based manufacturer Xiamen Wandering Planet, garnering nationwide media attention. Particularly, Wandering Planet was accused of playing an integral role in the infringement by providing the sources to produce knockoff sneakers using Nike’s registered Air Jordan 1 and Dunk trade dress for Kiy and Omi. The manufacturer allegedly “knowingly participate[d] in a scheme to intentionally create confusion in the market place and capitalize on it.” Indeed, some confused consumers could not tell the difference between Kool Kiy’s products and Jordan’s. Nike’s staunch commitment to proceeding with litigation …

Confidentiality In Art-Related Adr: A Need For Change?, Olivia Huey

Cardozo Journal of Conflict Resolution (CJCR) Blog

Art and cultural heritage disputes can involve a variety of subject matter and “sensitive non-legal issues of a commercial, cultural, ethical, historical, moral, religious, or spiritual nature, while more often than not having a distinct international character. For such complex matters, there has long been conversations about the benefits of using ADR mechanisms instead of traditional litigation to address the issues that are highly relevant and important to the parties, but which courts are often not equipped or designed to address. Art-related disputes often involve not only a variety of private parties such as artists and art dealers but also …

Ending Forced Arbitration Of Sexual Assault And Sexual Harassment, Lizzie Neuburger

Cardozo Journal of Conflict Resolution (CJCR) Blog

Mandatory arbitration clauses in employment contracts are standard, limiting legal remedies available to employees who are sexual harassment and sexual assault victims and serving as a potential barrier to justice. However, the rise of the 2017 #MeToo movement revealed the prevalence of sexual harassment and assault, triggering lawmakers to focus on legal reforms for these areas in the workplace.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 25, 2023. The original post can be accessed via the Archived Link button above.

Mental Health Matters Act, Not Just Mental Health, Ethan Krantz

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Mental Health Matters Act, HR 7780, passed the House on September 29, 2022, by a vote of 220–205. The proposed resolution, currently awaiting a vote in the Senate, authorizes funding for the development of curricula that improve mental health for children, relaxes requirements for required documentation of disabilities, and allocates funding to research workplace stress across all industries in the wake of COVID-19. These provisions characterize bipartisan support to expand mental health resources and services for students and professionals.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 19, 2023. The original post …

Lights, Camera, Mediation: Why Public Figures In The Entertainment Industry Are Turning To Adr Processes To Resolve Their Disputes, Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

Imagine walking up the cold, stone stairs leading into a courthouse: your heart is pounding, your palms are sweaty, and you are fearful as to what the judge or jury who patiently await your arrival may decide. To make matters worse, you are surrounded by dozens of flashing lights, reporters are firing questions left and right, and your face will appear on every news outlet in the country within seconds.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 12, 2023. The original post can be accessed via the Archived Link button above.

To Strike Or Not To Strike: The Call For Mandatory Adr In Private Teaching Union Disputes, Jessica Lalehzar

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November of 2022, nearly 1,800 adjunct faculty members at The New School in New York City went on a three-week long strike. The strike came after the university “failed to raise wages in pace with inflation,” prompting hundreds of students and faculty to walk out. The strike became the United States’s longest ever by adjunct faculty, which compose 90% of the university’s faculty. Many classes were cancelled as a result, leading to frustration among students and parents during a critical point in the semester. The union representing adjunct faculty, the ACT-UAW Local 7902, faced difficulty in reaching a negotiation …

Web3 And Adr: Is Decentralized Adr The Answer To Blockchain Dispute Resolution?, Avi Kafka

Cardozo Journal of Conflict Resolution (CJCR) Blog

We live in a new digital reality. Along with new Web3 foundational technologies and uses like blockchain, DAOs, and the metaverse, new kinds of conflicts arise that courts are not properly situated to handle. With these new technologies come important theoretical and practical discussions on ADR concerning blockchain and smart contracts.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 3, 2023. The original post can be accessed via the Archived Link button above.

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

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2023 highlights significant events and achievements in Cardozo Law's Alternative Dispute Resolution (ADR) initiatives. Key features include Gloria Steinem receiving the 22nd International Advocate for Peace Award, presentations by Securities Arbitration Clinic students to the SEC, and global representation at the ICC International Commercial Mediation Competition and other ADR competitions. The newsletter also covers impactful symposiums, such as "Negotiation Strategies for War by Other Means," and showcases the activities of the Cardozo Dispute Resolution Society and the Cardozo Journal of Conflict Resolution. Alumni achievements, faculty contributions, and new publications further demonstrate the program's dedication …

Are Sovereign Citizens More Amenable To The Arbitration Process?, Tyler Fierro

Cardozo Journal of Conflict Resolution (CJCR) Blog

While it is impossible to know how many people in the United States identify as “Sovereign Citizens”, the number has boomed since the Covid-19 pandemic and the well-known ‘QAnon’ conspiracy theory. Although there is no centralized organization surrounding Sovereign Citizens nor common beliefs shared by all individuals, the basic conclusion is that the American Government established by the Founding Fathers, under a common law system, was secretly replaced during the U.S. Civil War. According to these conspiracy theorists the replacement government is premised on Admiralty law, or law of international commerce. Given this secret switch, Sovereign Citizens believe the Federal …

Power And Persuasion In The Courtroom: The Force Of Law And The Settlement Dynamics Of Judges, Hadas Cohen, Michal Alberstein

Cardozo International & Comparative Law Review

This Article seeks to describe the shift in the legitimation of judicial authority in the age of the "vanishing trial," in circumstances where adjudication on the merits of the case in question has been replaced by the promotion ofjudicial settlement. Based on data collected during a five-year study funded by the European Research Council ("ERC") and drawing from studies in social psychology and conflict resolution, we analyze the judicial conflict resolution practices used in Israel's Magistrate Court in Tel Aviv to promote settlement, and from this depict a new taxonomy of power relations in the courtroom. This move, from adjudication …

Tracing Heritage: Addressing Cultural Property Crime Through Recordation On The Blockchain, Richard De Schweinitz

Cardozo International & Comparative Law Review

No abstract provided.

An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel

Cardozo International & Comparative Law Review

The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.

Integrating Cultural Property Law Doctrine Into The Nazi-Looted Art Restitution Legal Framework, Julia Vastano

Cardozo International & Comparative Law Review

The note examines the integration of cultural property law principles into the legal frameworks for restitution of Nazi-looted art, focusing on a comparative analysis of Dutch and U.S. policies. It highlights the Netherlands' progressive shift in 2021 toward a more claimant-friendly approach, incorporating cultural property doctrine, and contrasts this with the U.S. system, which remains rooted in personal property law. The note advocates for adopting a similar mixed framework in the U.S. to enhance justice for Holocaust victims' heirs.

The 22nd International Advocate For Peace Award, Cardozo Journal Of Conflict Resolution

2023 Event Invitations

The Cardozo Journal of Conflict Resolution presents the International Advocate for Peace (IAP) Award to an individual, organization or group that is exemplary in the field of conflict resolution.

This year, the Journal presents the IAP Award to Gloria Steinem, who has dedicated her life to standing up to power and seeking ways to bring about peaceful change. Ms. Steinem has fought tirelessly in support of marginalized people everywhere, campaigning for the Equal Rights Amendment to the United States Constitution, protesting the South African apartheid system, and more recently working alongside Cardozo Law students at the Lenape Center to address …

Amici Curiae Brief Of Law Professors In Support Of Plaintiffs’ Motion For Reconsideration, Andrea K. Schneider

Amicus Briefs

Proposed Amici are law professors and scholars who focus on dispute resolution, and they are concerned that the Court’s ruling in this case may undermine the equitable administration of arbitration and erode public confidence in arbitration. Proposed Amici file this brief to provide additional context regarding the unconscionable designation of NFL Commissioner Roger Goodell as arbitrator for these civil rights disputes.

The Song Of Disputes: A Melody Of Intellectual Property And Alternative Dispute Resolution, Cardozo Fame Center, Cardozo Dispute Resolution Society

2022–2023 Flyers

No abstract provided.

Mediating The Mediterranean: The Israeli-Lebanese Maritime Border, Aaron Silverman

Cardozo Journal of Conflict Resolution (CJCR) Blog

The governments of Israel and Lebanon have reached a historic U.S.-mediated agreement, putatively putting an end to the countries’ decades-long dispute over their maritime borders and related disputes over access to lucrative natural resources in the Eastern Mediterranean. The agreement definitively settles the neighboring countries’ maritime boundary, leaving the Karish natural gas field within Israel’s territorial waters and the Qana natural gas field mostly within Lebanon’s territorial waters, with a small portion extending into Israeli waters. Lebanon will pay royalties to Israel on revenues from the Qana field.

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

Arbitration Clauses In The Field Of Life Science And Cannabis Law, Zachary Chaikin

Cardozo Journal of Conflict Resolution (CJCR) Blog

Federally, the Controlled Substances Act (CSA) governs the manufacture, importation, possession, and use of drugs. Cannabis is currently included on Schedule I of the CSA, which effectively prohibits profiting from its possession, cultivation, or distribution. However, this stands in direct conflict with certain state laws that expressly allow for the possession, cultivation or distribution of marijuana. California was the first state to legalize medical marijuana in 1996. Since then, medical marijuana has been legalized in 39 states and the District of Columbia. The recreational or adult-use of cannabis has been legalized in the District of Columbia and 21 states. The …

Mediation Response Unit Shows Potential As An Alternative 911 Response, Olivia Kalsner Kershen

Cardozo Journal of Conflict Resolution (CJCR) Blog

In May 2022, the City of Dayton, Ohio formally launched a new pilot program that sends trained mediators to respond to low emergency 911 calls to de-escalate non-violent conflicts and mediate disputes among community members. This new initiative, called the Mediation Response Unit (MRU), is the first of its kind in the nation as it sends mediation teams to respond to calls without a co-response by police. The idea for the MRU came about through discussions among a Community Engagement Working Group that was formed in 2020 to implement police reforms in the City. The MRU states that its goals …

A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society

2022–2023 Flyers

No abstract provided.

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna

Cardozo Journal of Conflict Resolution (CJCR) Blog

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 16, 2023. The original post can be accessed via the Archived Link button above.

The Ongoing Patent Battle Over Crispr/Cas-9, Shifra Ben-Jacob

Cardozo Journal of Conflict Resolution (CJCR) Blog

CRISPR/Cas 9 is a bacterial defense system for editing genomes that has been coined one of the most monumental biotechnologies since the discovery of the polymerase chain reaction (PCR). Since 2012, two research teams, one out of the University of California, Berkeley, and the other from both the Broad Institute and the Massachusetts Institute of Technology, have been battling an ongoing patent war. The US Patent and Trademark Office (USPTO) is left to decide who can claim the technology as their own.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 2, 2023. The …

Just Kidding? The Problem Of Unenforceable Waivers Of Liability, Anthony J. Sebok

Articles

No abstract provided.