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Dispute Resolution and Arbitration Commons™

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Yeshiva University, Cardozo School of Law

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Articles 751 - 780 of 990

Full-Text Articles in Dispute Resolution and Arbitration

From The Chair, Lela P. Love Jul 2009

From The Chair, Lela P. Love

Articles

No abstract provided.

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What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder Jul 2009

What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder

Cardozo Journal of International and Comparative Law

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.

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From The Chair, Lela P. Love Apr 2009

From The Chair, Lela P. Love

Articles

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 2 Jan 2009

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

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International Advocate For Peace Award Acceptance Speech, Amira Dotan Jan 2009

International Advocate For Peace Award Acceptance Speech, Amira Dotan

Cardozo Journal of Conflict Resolution

The Ninth International Peace Award Recipient

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Arguments In Favor Of The Triumph Of Arbitration, Thomas E. Carbonneau Jan 2009

Arguments In Favor Of The Triumph Of Arbitration, Thomas E. Carbonneau

Cardozo Journal of Conflict Resolution

Organized discussions among legal scholars rarely instigate roiling controversies. Truth be told, it is generally deemed an achievement to maintain a wakeful state during these enclaves. The Cardozo Journal of Conflict Resolution Conference gauging the future of arbitration was exceptional in a number of respects. The topics and presentations were invigorating. Several practitioners, in particular, delivered outstanding papers. The sponsoring student journal demonstrated nimble managerial skills. No stone of accommodation or convenience was left unturned for the participants. I was also very impressed with the young academic lawyers who are active in the area of arbitration. Their contribution and commentary …

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The Jurisprudence Of Mediation: Between Formalism, Feminism And Identity Conversations, Michal Alberstein Jan 2009

The Jurisprudence Of Mediation: Between Formalism, Feminism And Identity Conversations, Michal Alberstein

Cardozo Journal of Conflict Resolution

The paper explores the ties between schools of mediation and schools of law through an examination of their theoretical foundations. By weaving together discussions of rights, the rule of law, and formalism, with elements of dispute resolution as it is studied today, this article will demonstrate the importance of Alternative Dispute Resolution ("ADR") and mediation as a form of social order. It will also demonstrate the influence of philosophical jurisprudential debates on the development of mediation programs. The paper begins by exploring the ties between different jurisprudential traditions and evolving models of mediation. Scholars portray mediation models as incorporating diverse …

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An Anthropologist's Approach To Mediation, Rebecca Golbert Jan 2009

An Anthropologist's Approach To Mediation, Rebecca Golbert

Cardozo Journal of Conflict Resolution

On October 31, 2008, the Dispute Resolution Section of the American Bar Association, in collaboration with AAA International Centre for Dispute Resolution, ACB Group-Netherlands, ADR Center-Rome, CEDR, CMAP, International Academy of Mediators, International Institute for Conflict Prevention & Resolution ("CPR"), JAMS, Netherlands Mediation Institute, and the International Mediation Institute, held its first International Mediation Leadership Summit. The Summit's setting-the Peace Palace in The Hague in the Netherlands-was both breathtakingly beautiful and evocative. The Summit's goals-guided by the leadership and vision of Section Chair Lela Love and former Chair Bruce Meyerson, as well as international partners Manon Schonewille and Giuseppe de …

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 10 (2008-09), Iss. 2 Jan 2009

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 10 (2008-09), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

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Nonconsensual + Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs, Amy J. Schmitz Jan 2009

Nonconsensual + Nonbinding = Nonsensical? Reconsidering Court-Connected Arbitration Programs, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Policymakers have adopted programs mandating parties to submit their disputes to court-connected arbitration hoping to garner efficiency benefits commonly associated with contractual Federal Arbitration Act (FAA) arbitration. Mandatory nonbinding arbitration, however, is ill-equipped for this task because it lacks the consensual core and finality of FAA arbitration. Instead, it often adds an inefficient layer to the litigation process and may harm those least able to protect themselves from coerced settlements or burdens of protracted litigation.

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From The Chair, Lela P. Love Jan 2009

From The Chair, Lela P. Love

Articles

No abstract provided.

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Class Action Arbitration, William H. Baker Jan 2009

Class Action Arbitration, William H. Baker

Cardozo Journal of Conflict Resolution

Class action arbitrations are a relatively recent phenomenon in the United States, but the number of such arbitrations is expanding at a rapid rate. As of August 2008, the American Arbitration Association ("AAA") has administered 246 class action arbitrations and Judicial Arbitration and Mediation Services, Inc. ("JAMS"), another major U.S. arbitral institution, has also administered a substantial number of class arbitrations.

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Challenging Class Action Bans In Mandatory Arbitration Clauses, F. Paul Bland Jr., Claire Prestel Jan 2009

Challenging Class Action Bans In Mandatory Arbitration Clauses, F. Paul Bland Jr., Claire Prestel

Cardozo Journal of Conflict Resolution

After a brief summary of relevant Supreme Court doctrine, this article sets out the argument that exculpatory class action bans violate many states' generally applicable contract law and responds to several common corporate defenses offered in support of such bans.

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Building The Latin America We Want: Supplementing Representative Democracies With Consensus-Building, Mariana Hernández Crespo Jan 2009

Building The Latin America We Want: Supplementing Representative Democracies With Consensus-Building, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

This article is about using consensus-building to create channels for meaningful participation in public decision-making, in order to supplement representative democracies in Latin America. I argue that the addition of a consensus-building mechanism into the legislative process will create the necessary forum for stakeholders to contribute to the framing and resolution of issues of public concern. Furthermore, as Susskind has argued, allowing citizens to participate at the beginning of decision-making processes will make legislative outcomes more legitimate and decrease the level of political dissatisfaction.

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Business Courts And The Future Of Arbitration, Christopher R. Drahozal Jan 2009

Business Courts And The Future Of Arbitration, Christopher R. Drahozal

Cardozo Journal of Conflict Resolution

This article examines the extent to which competition from business courts is likely to impact the future of arbitration. Part II provides a brief overview of the growth of business courts in recent years. Part III sets out a structural comparison of arbitration with business courts, highlighting the similarities and differences between the two. Part IV provides empirical evidence on the relationship between the availability of business courts and the use of arbitration clauses. Overall, the evidence provides little indication that parties are switching from arbitration to business courts. The evidence is far from definitive, however, and highlights the need …

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Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge Jan 2009

Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge

Cardozo Journal of Conflict Resolution

The future of commercial arbitration has become a centerpiece of the domestic congressional agenda. According to one estimate, ten different bills introduced in the 110th Congress would chip away at the enforceability of pre-dispute arbitration agreements. By far the most significant bill, the Arbitration Fairness Act, would retroactively invalidate arbitration agreements in all employment, consumer, securities and franchise contracts. An especially vague provision in a prior version of the bill would invalidate agreements involving claims under statutes intended to protect civil rights or designed to regulate transactions between parties of unequal bargaining power. Are these wise moves?

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State Regulation Of Arbitration Proceedings: Judicial Review Of Arbitration Awards By State Courts, Stephen K. Huber Jan 2009

State Regulation Of Arbitration Proceedings: Judicial Review Of Arbitration Awards By State Courts, Stephen K. Huber

Cardozo Journal of Conflict Resolution

The thesis of this Article can be stated simply and concisely: States possess the power to adopt standards for the conduct of arbitration proceedings and review of arbitration awards that are significantly different from federal law standards. The major objective of this Article is to explore the most important possibilities for reform of arbitration law and practice at the state level. State law standards will be of increasing importance in the reformation of arbitration practice. This Article focuses on the standards of review of arbitration awards employed by state courts, because the power to vacate an arbitration award is the …

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Racing For The Arctic? Better Bring A Flag, Jordan Hellman Jan 2009

Racing For The Arctic? Better Bring A Flag, Jordan Hellman

Cardozo Journal of Conflict Resolution

This Note will explore the current dispute over Arctic seabed resources surrounding the North Pole, evaluate methods for resolving this conflict, and finally suggest particular Alternative Dispute Resolution ("ADR") methods which would be best suited to resolve the conflict peacefully and equitably. Part II will introduce the appropriate statutory law and discuss its relative effects on the disputing countries. Further, as with most conflicts, it is important to understand how the history of the area impacts the involved countries. This will be assessed in Part III. In Part IV, this Note will show how this particular conflict is better suited …

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2009-10), Iss. 1 Jan 2009

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2009-10), Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 1 Jan 2009

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter Jan 2009

Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter

Cardozo Journal of Conflict Resolution

This article attempts to give an overview of the problem facing litigators in their increasingly global practice, as well as the steps that litigators can take to act in compliance with legal and ethical guidelines. Accordingly, this article is divided into two broad areas. First, this article will discuss what activities constitute the practice of law and which jurisdiction's law should govern, focusing on whether ADR practices constitute the practice of law. Second, if the litigator is engaged in the practice of law, this article considers what actions the litigator should take in order to comply with the applicable ethical …

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Private Military Companies & International Law: Building New Ladders Of Legal Accountability & Responsibility, Jackson Nyamuya Maogoto, Benedict Sheehy Jan 2009

Private Military Companies & International Law: Building New Ladders Of Legal Accountability & Responsibility, Jackson Nyamuya Maogoto, Benedict Sheehy

Cardozo Journal of Conflict Resolution

The Private Military Company ("PMC") is a relatively new and growing phenomenon. An urgent and ongoing problem facing courts and policy makers is the accountability of PMCs. This article proposes new approaches to developing accountability by examining the potential of two well-established doctrines: command responsibility and state responsibility.

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Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger Jan 2009

Bad Medicine: On Disciplining Physician Felons, Milton Heumann, Brian Pinaire, Simon Burger

Cardozo Journal of Conflict Resolution

Perhaps it is the white coat or the degrees encased and mounted on the wall. Perhaps it is the Hippocratic Oath that new physicians recite and that established physicians have putatively internalized over time, or perhaps it is the title, "Doctor," which conjures up images of a stethoscope, a black bag, house calls, nurture, and trust. When we are sick, we head to the doctor. Young children are urged to become doctors. When we watch television or go to the movies doctors are, with certain recent exceptions, portrayed in a positive light as compared to lawyers or politicians. In this …

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Opening Remarks, Jack Himmelstein Jan 2009

Opening Remarks, Jack Himmelstein

Cardozo Journal of Conflict Resolution

No abstract provided.

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Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf Jan 2009

Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf

Cardozo Journal of Conflict Resolution

This Note will first explore the popularity of Seinfeld and discuss the influence of Seinfeld on legal culture. Part III details cultivation theory and explores the possible influences Seinfeld may have in shaping its viewers' impressions of formal law. Specific instances in-which Seinfeld has ridiculed formal legal practices and offered social criticisms of the legal profession are analyzed in Part IV. Part V describes a specific episode of Seinfeld and illustrates the consequences of parties' refusal to reach mutually satisfactory resolutions, the need for mediation to resolve highly contentious disputes, and the inadequacy of the legal system to provide an …

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Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein Jan 2009

Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein

Cardozo Journal of Conflict Resolution

The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …

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Judges Gone Wild: Why Breaking The Mediation Confidentiality Privilege For Acting In "Bad Faith" Should Be Reevaluated In Court-Ordered Mandatory Mediation, Samara Zimmerman Jan 2009

Judges Gone Wild: Why Breaking The Mediation Confidentiality Privilege For Acting In "Bad Faith" Should Be Reevaluated In Court-Ordered Mandatory Mediation, Samara Zimmerman

Cardozo Journal of Conflict Resolution

This Note focuses on the reasons why a good faith requirement or a bad faith exception for breaking mediation confidentiality is objectionable and offers an alternative for the Florida court system that, if implemented, could mitigate such disadvantages. I will discuss "the intersection between [a] court-ordered mediation, the confidentiality of which is mandated by law ... and the power of a court to control proceedings," and persons who appear before it by sanctioning conduct that taking place in mediation. Part II of this Note will begin by providing a background to the Doe v. Francis civil case. It will highlight …

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Licensing Technology To The Brics: The Case For Adr, Aaron Pereira Jan 2009

Licensing Technology To The Brics: The Case For Adr, Aaron Pereira

Cardozo Journal of Conflict Resolution

This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of …

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Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms Jan 2009

Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms

Cardozo Journal of Conflict Resolution

The evolution of equity in tort has brought about the use of alternative methods of dispute resolution in reaching settlements in mass tort cases: "Indeed, equity is a progressive force in the law. When formal adjudication cannot provide a plain, adequate, and complete remedy, the system of ADR should be flexible enough to deliver individualized justice." It appears, however, that the use of ADR is not always a prudent exercise of the court's power, nor is it always conducive to individual justice. This Note examines the Gray case, in which the court appointed a special master, thereby assigning one man …

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Disciplining The Disciplinary Systems In Professional Sports: An Attempt To Fix The Arbitrary And Overreaching Disciplinary Powers Of Sports Commissioners, David Sirotkin Jan 2009

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 …

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