Dispute Resolution and Arbitration Commons^™

Denial As A Security Concept, Taner Akcam

Cardozo Journal of Conflict Resolution

If I were to explain the Turkish state's denial of the Armenian Genocide in one word, I would suggest the term continuity, both in the sense of lasting perceptions of the problem and in the persistent makeup of the Turkish ruling elite. On this occasion, I will discuss the continuity of Turkish state denial in the first sense of the word.

Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi

Cardozo Journal of Conflict Resolution

This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.

Adr In The Music Industry: Tailoring Dispute Resolution To The Different Stages Of The Artist-Label Relationship, Kaleena Scamman

Cardozo Journal of Conflict Resolution

Part II will discuss the disputes that arise within the major record label and artist relationship in more detail, including a discussion of record deal basics, unfairness debates, infringement and ownership disputes, and litigation. These disputes are largely to blame for the public's growing negative perception of the music industry. Part III defines arbitration and mediation, and explains the benefits of and differences between the two types of ADR. Part III will also discuss the use of ADR in the artist-label relationship specifically, including a discussion of factors to consider in deciding whether to mediate or arbitrate based on the …

Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky

Cardozo Journal of Conflict Resolution

Part I of this Note describes the current state of divorce law in New York by examining the history of divorce culture in New York, the current state statutory scheme, the law's practical effect on New York residents, and the arguments in support of and against the adoption of no-fault provisions. Part II overviews the collaborative law method, illustrates how the method varies from other alternative dispute resolution methods, and discusses various ethical considerations relevant to the method. Part III argues that the introduction of collaborative law will have minimal practical effects unless combined with the adoption of a no-fault …

Divorce Mediation - Limiting The Profession To Family/ Matrimonial Lawyers, Jaime Abraham

Cardozo Journal of Conflict Resolution

Due to the complex nature of the field of family and matrimonial law, divorce mediation should only be practiced by family/ matrimonial lawyers; non-lawyers should not be allowed to mediate divorces. Part II of this Note will discuss background information about divorce law and divorce mediation and why mediation is being used more and more frequently to resolve divorce disputes than the traditional court system. Part III will discuss why it is becoming more common for divorcing couples to use mediation, as opposed to traditional litigation, to resolve their disputes. Part IV will discuss different models of mediation that are …

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …

A Response To Professor Laycock, Marci A. Hamilton

Articles

No abstract provided.

Difficult, Duplicative And Wasteful?: The Nasd's Prohibition Of Class Action Arbitration In The Post-Bazzle Era, Matthew Eisler

Cardozo Law Review

No abstract provided.

Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein

Cardozo Journal of Conflict Resolution

In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.

Restorative Justice In Post-Disaster Situations: Untapped Potential, Maria R. Volpe

Cardozo Journal of Conflict Resolution

Post-disaster situations can provide a wide range of opportunities for restorative justice. Depending on the nature of the disaster, man-made or natural, the potential of using restorative justice practices to assist in rescue, recovery, and rebuilding efforts can be significant. The challenges, however, can be even more significant.

My interest in examining restorative justice efforts in post-disaster situations grew out of my earlier research on dispute resolution responses to 9/11. In the aftermath of the 9/11 terrorist attacks, countless questions arose about the role and relevance of dispute resolvers. 9/11 also triggered a wide range of hate crimes, which seemed …

Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …

Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The communitarian conception of bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and fully, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. They "connect" as persons and in the process convert what in lesser hands might be a form of stylized combat into a kind of joint venture, and sometimes even a lasting friendship. This, in turn, takes the hard edge off their disputing and makes …

Tearing Down The Great Wall: The New Generation Investment Treaties Of The People's Republic Of China, Stephan W. Schill

Cardozo Journal of International and Comparative Law

The People's Republic of China (PRC or China) has emerged as the world's premier destination of foreign investment in the developing world and is continuously strengthening its position as a source of outward foreign investment, notably in Asia and Africa. In this context, the PRC has concluded over 110 bilateral investment treaties (BITs) that grant protection against expropriation and establish other standards of treatment for foreign investors in China and Chinese investors abroad. While the PRC was originally hesitant regarding international investment protection, the country started, beginning in the late 1990s, entering into new generation BITs that break with her …

Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt

Cardozo Journal of International and Comparative Law

The note examines the issue of selective prosecution, focusing on the case of Mikhail Khodorkovsky, and argues that the Russian legal system lacks an explicit defense against such practices, which violate constitutional guarantees of equality before the law. It advocates for the adoption of a legal standard to address selective prosecution, drawing parallels with the U.S. legal framework while acknowledging the need to adapt it to Russia's unique judicial context.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Working Towards Restorative Justice In Ethiopia: Integrating Traditional Conflict Resolution Systems With The Formal Legal System, Julie Macfarlane

Cardozo Journal of Conflict Resolution

This paper considers how the multiple realities of dispute resolution in any environment affect the work of conflict resolution practitioners. Conflict resolution practitioners are almost always invited in by representatives of the formal legal system, and their work generally focuses on managing - and perhaps reforming - this system. In practice, they cannot ignore the existence of parallel informal systems of conflict resolution that may undermine or distract from the formal state system. These may include structured alternatives to law, such as religious tribunals or community mediation programs. There may be other, more informal but equally significant family or community-based …

Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities And Pitfalls, Mark S. Umbreit, Betty Vos, Robert B. Coates, Elizabeth Lightfoot

Cardozo Journal of Conflict Resolution

This article provides an overview of the restorative justice movement in the twenty-first century. In Section II we offer a summary of the movement's distinguishing characteristics, its history and development, and what it looks like in practice. Section III is focused on restorative justice dialogue, the most widely practiced and extensively researched modality of the restorative justice movement. We present a review of current restorative justice dialogue research and an examination of public policy support for such dialogue across the United States. In Section IV we turn to continuing issues, including pitfalls, opportunities, and questions for the future.

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

Justice Or Forgiveness? In Search Of A Solution, Olga Botcharova

Cardozo Journal of Conflict Resolution

The presentation will be based on the model I created during my work with the leaders of ethnic/religious communities (Orthodox, Catholic and Muslim) engaged in hostilities in the former Yugoslavia, during times of war and post-war. This work is summarized in two diagrams, Seven Steps Towards Revenge (inner circle) and Seven Steps Towards Reconciliation. In its entirety, the work represents a journey from revenge, understood as a natural response to an inflicted hurt, towards reconciliation, with forgiveness and justice playing crucial roles in the process. This model is in Appendix 1, together with a brief description of the stages …

Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske

Cardozo Journal of Conflict Resolution

Thank you for the opportunity to speak to you today. I want to begin by telling you how I got into the restorative justice field. I served as a judge for almost twenty years, and nine of those years were in criminal court. My last assignment before going to the Wisconsin Supreme Court was to preside full-time over sexual assault and homicide cases. During the time I spent as a trial court judge, I regularly taught classes at prisons in Wisconsin. About ten years ago, I became involved in a restorative justice program in the Green Bay Correctional Institution, a …

Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis

Cardozo Journal of Conflict Resolution

This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …

The Internal Revenue Service And Alternative Dispute Resolution: Moving From Infancy To Legitimacy, David Parsly

Cardozo Journal of Conflict Resolution

As Alternative Dispute Resolution (ADR) attains greater acceptance in the American legal landscape, government sponsored ADR programs will grow in size, number, and significance. The Internal Revenue Service (IRS) provides a primary example of a governmental body experimenting and obtaining modestly successful results through the use of various dispute resolution mechanisms along the ADR spectrum. The purpose of this Note is to examine the types of ADR processes being implemented by the IRS, focusing specifically on how the IRS has pioneered each program by combining the unique exigencies of sound tax administration with the principles of negotiation, mediation, and arbitration. …

News Media As Mediators, Carol Pauli

Cardozo Journal of Conflict Resolution

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 9 (2007-08), Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 9, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Restorative Justice And The Pre-Conditions For Grace: Taking Victim's Needs Seriously, Ellen Waldman

Cardozo Journal of Conflict Resolution

This essay surveys the question of victim need from a different vantage point. It takes as its starting point the voices of actual victims as recorded by researchers in the field. It reports on three studies and the linkage they uncover between victim distress and attitudes toward justice and reconciliation. What they reveal belies a simple notion of victim need and suggests that restorativists should move warily as they seek to reshape the criminal justice system into more harmony-producing forms. Victim-offender encounters, truth-telling, and moves toward apology and reconciliation are appealing in the abstract; but data suggests that victims whose …

Strike Three - You're Out! Revamping The New York State Taylor Law In Response To Three Transport Workers' Strikes, Erin Audra Russ

Cardozo Journal of Conflict Resolution

For almost three days in late December 2005, millions of New York City commuters braved frigid temperatures as they trekked to work. Armed with their iPods and winter coats appropriate for an arctic expedition, the public walked, rode their bikes, and scooted on Segways to get where they needed to go. Some New Yorkers even did the unthinkable-they shared cabs and cars with complete strangers. These commuters did not abandon their usual overcrowded, rickety bus or subway to enjoy a very blistery winter wonderland just days before Christmas. They changed their routine because they had no choice: The Transit Workers …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 9 (2007-08), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Healing A Fractured Community: The Use Of Community Sentencing Circles In Response To Hate Crimes, Brian Sapir

Cardozo Journal of Conflict Resolution

As with any social construct, the American criminal justice system is a constantly adapting and evolving mechanism that is influenced by politics, current events, and societal "hot-button" topics. Over the last century legal professionals, academics, and crime victims have voiced their dissatisfaction with certain aspects of traditional criminal justice systems. The failure of severe punishments to deter crime, the increasing occurrence of repeat offenders, and the growing costs of incarceration were all issues some saw as weaknesses in the criminal justice system. Moreover, at the heart of many people's dissatisfaction with the system was the seemingly complete exclusion of the …