Dispute Resolution and Arbitration Commons^™

A Case For Mediating Trademark Disputes In The Age Of Expanding Brands, David Allen Bernstein

Cardozo Journal of Conflict Resolution

This Note proposes that there is an alternative method that ensures the viability of brand names while avoiding litigation. Companies must be willing to enter a process which will explore the possibility of a mutually beneficial solution, perhaps in the form of a settlement agreement allowing both parties to use the mark or brand name. The process best suited to guide such parties and achieve such a result is mediation.

The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec

Cardozo Journal of Conflict Resolution

Saddam Hussein's rule in Iraq collapsed on April 9, 2003, after an American-led coalition invasion. The coalition quickly deposed the Iraqi dictator and began the process of turning the nation away from authoritarian rule, murder, and death, to civility. While Saddam Hussein is gone, and no government-supported oppression of people exists, another form of tyranny persists: Iraq's modern economy is burdened with $383 billion in public debt and judgments. Adding insult to injury, after the coalition troops drove up to Baghdad through the desert, Iraq's banking system turned out to be insolvent.

Military Spying In The United States: When It Is Not Your Neighbor Knocking At Your Door, Where Do You Turn?, Miriam Schneider

Cardozo Journal of Conflict Resolution

This Note will describe the role of the military in the United States and its relationship to privacy rights. Part I of this Note will describe the historical underpinnings that led to a limited role for the military within the United States territory, beyond defending against attack. Part II will describe the expectations by the courts and legislature for the military. In addition, it will illustrate instances where the military, along with numerous federal agencies, overstepped its traditional, constitutional and legal bounds. Part III will offer the legislature's response to, and its subsequent regulation of, the military and other federal …

The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman

Cardozo Journal of Conflict Resolution

Discussions of what justice means in mediation have a dialectical quality to them. At various points in the field's history, the notion that justice in mediation consists of fully maximized disputant self-determination holds sway. At other historical moments, a tentative consensus appears to recognize that justice in mediation requires normative content independent of the disputants' beliefs and values.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 7, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Dispute Resolution And Legal Education: A Bibliography, Trevor C.W. Farrow

Cardozo Journal of Conflict Resolution

This selected bibliography is designed to act as a resource to assist in the ongoing, collaborative development of dispute resolution initiatives and programs in legal education and research in North America and abroad. Further, the particular focus of this bibliography, in addition to the teaching and research of dispute resolution generally, is the emphasis that law reform initiatives are putting on dispute resolution processes as potentially useful tools for increasing access to systems of civil justice around the common law world.

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.

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue

Cardozo Journal of International and Comparative Law

The article examines China's efforts to manage and regulate domain names, particularly Chinese character domain names, both domestically and internationally. It highlights the evolution of China's regulatory framework, from academic management to governmental oversight, and its active participation in international policymaking through organizations like ICANN. The core argument revolves around the technical, policy, and sovereignty challenges China faces in integrating its domain name system into the global Internet infrastructure while maintaining national control and promoting inclusivity.

The Origins Of Cctld Policymaking, Peter K. Yu

Cardozo Journal of International and Comparative Law

The article explores the evolution of country-code top-level domain (ccTLD) policymaking, tracing its transition from an informal, ad hoc system managed by individuals like Jon Postel to a formalized, international governance structure under the Internet Corporation for Assigned Names and Numbers (ICANN). It highlights the power struggles between various stakeholders, including national governments, ICANN, and the Internet Assigned Numbers Authority (IANA), and discusses the implications for global internet governance.

Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer

Cardozo Journal of International and Comparative Law

The article explores the future trajectory of the Uniform Dispute Resolution Policy (UDRP), outlining three potential evolutionary pathways: an autonomous UDRP distinct from national laws, an Americanized UDRP aligned with U.S. legal frameworks, or a cosmopolitan UDRP influenced by diverse national laws. Each pathway has significant implications for the UDRP's role in resolving domain name disputes globally.

The Icann Experiment, Susan P. Crawford

Cardozo Journal of International and Comparative Law

The article argues that the Internet Corporation for Assigned Names and Numbers (ICANN) derives its legitimacy primarily through a consensus-based governance model, rather than democratic or Administrative Procedure Act (APA)-style frameworks. While ICANN’s consensus model is imperfect and faces challenges such as holdouts and centralized decision-making tendencies, it remains the most viable approach for ensuring accountability, transparency, and global acceptance in internet governance. The article emphasizes that ICANN’s legitimacy depends on demonstrated consensus, as seen in its history, particularly in the development of the Uniform Dispute Resolution Policy (UDRP). It warns that shifting away from consensus toward centralized decision-making risks …

Theories Of Cyber-Sociology: Communicating Culture Through Codes, Erica Schlesinger Wass

Cardozo Journal of International and Comparative Law

The article explores the cultural and social significance of country code top-level domains (ccTLDs), arguing that they extend beyond technical identifiers to reflect national identity, values, and priorities. By examining the history, structure, and policies of ccTLDs, the author illustrates how these domains serve as tools for communication, cultural expression, and social change, influenced by a nation's unique history and societal norms.

Antidumping And The Continued Dumping And Subsidy Offset Act Of 2000: A Renewed Debate, Meredith Schutzman

Cardozo Journal of International and Comparative Law

The note critiques the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), arguing that its redistributive mechanism violates World Trade Organization (WTO) agreements, leading to significant trade tensions and calls for its repeal or amendment.

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 5, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Remembrance Of Things Past? The Relationship Of Past To Future In Pursuing Justice In Mediation, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

What must be remembered and acknowledged before we can move forward to create a future together, whether individually or collectively? Or, as Avishai Margalit has recently put it, is there an ethics of memory - must some things be remembered; what can be forgiven or forgotten in a moral sense? I have long been worried about the emphasis in mediation to focus on the future, to seek ''solutions" to problems in which the parties are guided to "move forward," even while "reorienting the parties to each other," in crafting a more productive relationship. With the growing use and adaptation of …

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …

San Diego Moveable Feast: Competition In Cooperation-Building, Christopher Honeyman, Ellen A. Waldman

Cardozo Journal of Conflict Resolution

Local boosters refer to San Diego as "America's Finest City." This, of course, is an invitation to skepticism. Likewise, the strong culture of dispute resolution created by San Diego invites a closer look.

Preface To The Justice In Mediation Symposium, Lela Love

Cardozo Journal of Conflict Resolution

On March 12, 2004, the Benjamin N. Cardozo School of Law held a symposium on Justice in Mediation. The papers below represent the first group of articles emanating from that event. More articles will follow in the next issue of the Cardozo Journal of Conflict Resolution.

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

This Article will consider mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article will outline how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation's citizens as "justice." The Article will then highlight particular aspects of the changing picture of the American civil justice system to suggest that today's sprawling and multitiered structure is increasingly disengaged from its democratic roots. Finally, the Article …

Moveable Feasts: An Introduction, Christopher Honeyman

Cardozo Journal of Conflict Resolution

In many circles, dispute resolution is still frequently referred to as a movement. Elsewhere, it is increasingly thought of as a business, or a set of professional practices in legal, government, and nonprofit organizations. There are also signs that dispute resolution is beginning to be seen as an integrated academic discipline. But in all of these overlapping senses of the field, there is an implicit assumption that it is appropriate to think of dispute resolution on a national, or even transnational, basis. But how true is that imagery? We know that "all politics is local." Is it possible that this …

New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela Love

Cardozo Journal of Conflict Resolution

Following the first flush of enthusiasm, it is becoming apparent that the dispute resolution field, like its predecessor professional fields, is vulnerable to the incentive structures and practice barriers built into both academic and practice careers. Also, what many of us think of as a national (or international) movement may be increasingly affected by local cultures. In collaboration with scholars and practitioners in a variety of cities, the Broad Field Project6 ("Broad Field") has been convening a number of dialogues about related issues, including a small series particularly focused on the local cultures of dispute resolution.

Washington, D.C. Moveable Feast: The Odds On Leviathan - Dispute Resolution And Washington, D.C.'S Culture, Christopher Honeyman, Carrie J. Menkel-Meadow

Cardozo Journal of Conflict Resolution

The field of dispute resolution has benefited enormously from a great wave of enthusiasm during its first two decades. But "youth's a stuff will not endure," and the first flush of ardor is an uncertain basis for confidence in the long term. Now, there is reason to believe that our field, like its predecessor professional fields, is vulnerable to the incentive structures built in to both academic and practice careers. At the same time, what we think of as a national (or larger) movement may be increasingly affected by local cultures.

The Munich Pact Of 1938: Adr Strategies For Our Time?, Lionel D. Warshauer

Cardozo Journal of Conflict Resolution

This Note will focus on the Munich Pact in five parts. Part I will discuss and analyze the seemingly legitimate aspects of the Munich Negotiations. However, the positive aspects that can be drawn from Part I are sharply contrasted with the unprincipled elements from the Munich Negotiations in Part II. Part III will contrast Mussolini's role as a "mediator" at Munich with President Jimmy Carter's role as a mediator at Camp David. Part IV will focus on why the various forms of ADR that led to the Munich Pact-both negotiation and mediation-did not help achieve a lasting and fair settlement, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 6, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley

Cardozo Journal of Conflict Resolution

Almost one hundred years ago, Roscoe Pound' warned about the decline of equity jurisprudence in the American legal system. He called this phenomenon the "decadence of equity."' Though Pound offered several causes for this decline, what we know today as "institutionalization" in the court system was the primary suspect. "The very thing that made equity a system must, in the end, prove fatal to it. In the very act of becoming a system, it becomes legalized, and in becoming merely a competing system of law insures its ultimate downfall." While Pound acknowledged that he saw some good from the "refinements" …

Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell

Cardozo Journal of Conflict Resolution

This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …

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

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Association For Conflict Resolution Annual Conference 2003 - The World Of Conflict Resolution: A Mosaic Of Possibilities Session On Justice In Mediation

Cardozo Journal of Conflict Resolution

On October 15 - 18, 2003, the Association for Conflict Resolution ("ACR") held its Annual Conference in Orlando, Florida. The Conference was entitled The World of Conflict Resolution: A Mosaic of Possibilities. This article tracks Session No. 4.08, entitled Justice in Mediation. The Cardozo Journal of Conflict Resolution ("the Journal") would like to thank ACR for its permission to reprint an edited transcript of this session. In addition, the Journal would like to extend its deepest appreciation to Sangita Sigdyal, ACR's Chief Operating Officer, for her assistance during this project.

Something's Rotten In The State Of Party-Appointed Arbitration: Healing Adr's Black Eye That Is "Nonneutral Neutrals", Seth H. Lieberman

Cardozo Journal of Conflict Resolution

This Note will first explore the history of arbitration, particularly within the United States. It will predominantly examine the traditional definitions of arbitrators and any consistencies throughout the various differences of arbitrator definitions. Second, this Note will investigate the traditional definitions of and roles played by advocates in traditional litigation and alternative dispute resolution. It will contrast advocates with party-appointed arbitrators, particularly focusing on their history, reasons for their creation, and their intended purpose.

Third, this Note will investigate the characteristics of modern party-appointed arbitrators, focusing on what scholars and parties regard as their expected behavior in a tripartite arbitration. …