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Dispute Resolution and Arbitration Commons™

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Yeshiva University, Cardozo School of Law

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Articles 931 - 960 of 990

Full-Text Articles in Dispute Resolution and Arbitration

Commentary By Richard Horowitz, Richard Horowitz Jan 2003

Commentary By Richard Horowitz, Richard Horowitz

Cardozo Journal of Conflict Resolution

No abstract provided.

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Peer Mediation Programs: An End To School Violence?, Alixandra Blitz Jan 2003

Peer Mediation Programs: An End To School Violence?, Alixandra Blitz

Cardozo Journal of Conflict Resolution

This note focuses on the ineffectiveness of PMPs to combat higher-levels of school violence. Part I discusses school violence, both past and present. Part II explores the shift from traditional methods of discipline to more proactive and education-based methods that are used in many schools today. Part III addresses the fundamentals of peer mediation including what it is and how it is implemented. Part IV examines which students PMPs should be targeting and why PMPs fail to prevent them from committing violent acts on their schools. Finally, the conclusion recommends ways to reduce conflict in schools.

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International Advocate For Peace Award 2003, Desmond Tutu Jan 2003

International Advocate For Peace Award 2003, Desmond Tutu

Cardozo Journal of Conflict Resolution

No abstract provided.

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Victim-Offender Mediation And Violent Crimes: On The Way To Justice, Ilyssa Wellikoff Jan 2003

Victim-Offender Mediation And Violent Crimes: On The Way To Justice, Ilyssa Wellikoff

Cardozo Journal of Conflict Resolution

This Note will discuss the need for an alternative method within the criminal justice system, such as victimoffender mediation, and will discuss the benefits and implications of extending victim-offender mediation to serious and violent crimes. The first part of this Note will explain the premise and purpose of victim-offender mediation. The Note will detail victim-offender mediation’s roots in restorative justice and the various types of victim-offender mediation programs currently in place. The second part of this Note will address the efficacy of victim-offender mediation programs, highlighting the program’s overall benefits and shortcomings. The Note will then address the criminal judicial …

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Reason Over Rhetoric: The Case For Enforcing Predispute Agreements To Arbitrate Employment Discrimination Claims, Craig Hanlon Jan 2003

Reason Over Rhetoric: The Case For Enforcing Predispute Agreements To Arbitrate Employment Discrimination Claims, Craig Hanlon

Cardozo Journal of Conflict Resolution

Part I of this article will briefly outline the relevant federal statutes to provide the necessary foundation for understanding the issue involved in Waffle House . Specifically, this paper will discuss Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Act of 1972 (“EEOC Act”), the Civil Rights Act of 1991 (“1991 Act”), the Federal Arbitration Act (“FAA”), and the Americans with Disabilities Act (“ ADA ”). Part II will examine the development of the relevant case law that set the parameters for the current debate, including the conflicting decisions in three Courts of …

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Annotations Jan 2003

Annotations

Cardozo Journal of Conflict Resolution

No abstract provided.

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If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love Oct 2002

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

Articles

No abstract provided.

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Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross Feb 2002

Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross

Cardozo Law Review

No abstract provided.

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Alternative Dispute Resolution In The Entertainment Industry Jan 2002

Alternative Dispute Resolution In The Entertainment Industry

Cardozo Journal of Conflict Resolution

No abstract provided.

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Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic Jan 2002

Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Development Of China’S Legal System Will Strengthen Its Mediation Programs, Deborah Chow Jan 2002

Development Of China’S Legal System Will Strengthen Its Mediation Programs, Deborah Chow

Cardozo Journal of Conflict Resolution

China’s mediation system would improve in overall fairness and effectiveness, if it developed a more just and predictable legal system. This system should be one in which its citizens and foreign businesses could confidently pursue enforcement of their rights under various Chinese laws, international norms, and international treaties. This paper will examine: (1) the roots of China’s mediation program, including discussions about the strong Confucian, Maoist, and legal influences; (2) China’s modern mediation systems; (3) weaknesses of the current mediation system; (4) the benefits for mediation through the development of China’s legal system; and (5) possible methods to aid the …

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A Uniform National System Of Mediation In The United States: Requiring National Training Standards And Guidelines For Mediators And State Mediation Programs, Brien Wassner Jan 2002

A Uniform National System Of Mediation In The United States: Requiring National Training Standards And Guidelines For Mediators And State Mediation Programs, Brien Wassner

Cardozo Journal of Conflict Resolution

The necessity for establishing a uniform system of mediation training for mediators in the United States is evidenced by the inconsistencies in both the training of mediators throughout the country and the roles assumed by mediators during mediation. The more formal conception of mediation can be traced back to the 1976 Pound Conference, however mediation in general is much older than twenty-six years, and has since continuously evolved. Moreover, the concept of mediation, as defined by statute, training, and thereafter, licensing, varies amongst the states as well. Mediation provides a viable alternative to the rigid state and federal judicial systems’ …

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Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman Jan 2002

Third Party Visitation Statutes: Society’S Changing Views About What Constitutes A Family Must Be Formally Recognized By Statute, Beth Sherman

Cardozo Journal of Conflict Resolution

This Note begins by introducing the strong historical support for a parent’s fundamental liberty interest, protected by the Fourteenth Amendment’s Due Process Clause, to control the upbringing of his or her own child. It also examines the limitations placed on that right. Section two illustrates the need to balance these two perspectives when analyzing the current debate over nonparental visitation statutes. Section three addresses how the case of Troxel v. Granville reached the United States Supreme Court and the implications of the Court’s decision. Section four focuses on New York State by considering its nonparental visitation statutes, the effect of …

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Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love Jan 2002

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

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Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock Jan 2002

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock

Cardozo Law Review

What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …

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The Ada Mediation Guidelines: A Community Collaboration Moves The Field Forward, Judith Cohen Jan 2001

The Ada Mediation Guidelines: A Community Collaboration Moves The Field Forward, Judith Cohen

Cardozo Journal of Conflict Resolution

The purpose of this article is to describe the various issues – such as accessible process and informed consent – faced by a group of twelve mediators and how they resolved these issues. This group, known as the ADA Mediation Guidelines Work Group (“WG”), evolved from informal discussions regarding the lack of standards in ADA mediations and the need to address the quality of the process. The WG raised the following questions, among others, in its internal discussions: What constitutes effective ADA mediator training? Are ADA disputes issues of private concern between the parties, public policy concerns, or both? How …

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Using Alternative Dispute Resolution In Intellectual Property Cases Jan 2001

Using Alternative Dispute Resolution In Intellectual Property Cases

Cardozo Journal of Conflict Resolution

No abstract provided.

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Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman Jan 2001

Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman

Cardozo Journal of Conflict Resolution

In recent decades, public dissatisfaction with lawyers has mounted ceaselessly. A significant portion of that dissatisfaction is attributable to concerns about lawyers’ integrity and fees. Indeed, “[n]o single issue between lawyer and client arises more frequently or generates more public resentment than fee problems.” Despite the near ubiquity of fee disputes, client complaints to disciplinary agencies about excessive fees are almost always rejected because most disciplinary boards do not accept jurisdiction over claims of excessive fees.

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The Young Cybersquatter’S Handbook: A Comparative Analysis Of The Icann Dispute, Kevin J. Heller Jan 2001

The Young Cybersquatter’S Handbook: A Comparative Analysis Of The Icann Dispute, Kevin J. Heller

Cardozo Journal of Conflict Resolution

This article will examine how the UDRP and the ACPA are implemented to enjoin the use of trademarks and service marks as Internet domain names in the United States and throughout the world. Part I of this paper provides background information regarding ICANN and its role in Internet domain name governance and an analysis of the UDRP. Part II will discuss the background of the ACPA, how it has expanded prior trademark law, and how it is currently applied. Finally, Part III will discuss the pros and cons of the UDRP and the ACPA, with regard to jurisdictional issues and …

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Addressing The “Redress”: A Discussion Of The Status Of The United States Postal Service’S Transformative Mediation Program Jan 2001

Addressing The “Redress”: A Discussion Of The Status Of The United States Postal Service’S Transformative Mediation Program

Cardozo Journal of Conflict Resolution

No abstract provided.

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Second Annual International Advocate For Peace Award, Honoring President William Jefferson Clinton, Spring 2001 Jan 2001

Second Annual International Advocate For Peace Award, Honoring President William Jefferson Clinton, Spring 2001

Cardozo Journal of Conflict Resolution

No abstract provided.

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Symposium On Sports Law And Alternative Dispute Resolution Jan 2001

Symposium On Sports Law And Alternative Dispute Resolution

Cardozo Journal of Conflict Resolution

In this symposium, practitioners in the field of sports law discuss current and future uses of alternative dispute resolution (“ADR”) processes in the sports industry. Panelists examine how ADR is frequently used to settle salary disputes and injury cases in professional football, baseball, basketball, hockey, and the Olympic games. Further, the practitioners compare the similarities of ADR procedures in each of the sports industries as well as highlight the differences.

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Mandatory Dispute Resolution: New York's Recall On Welfare Recipients' Due Process Rights, Rachael Dehner Jan 2001

Mandatory Dispute Resolution: New York's Recall On Welfare Recipients' Due Process Rights, Rachael Dehner

Cardozo Journal of Conflict Resolution

This Note will discuss the unconstitutionality of the MDR initiative. Part II will describe the implementation of MDR procedures currently in place. Part III will discuss the necessity of a protected interest in a due process analysis, how Goldberg defined the protected interest and how it has changed since the implementation of PRWORA. Part IV will explore due process and its relation to welfare benefits, focusing on Goldberg v. Kelly. It will also describe the fair hearing process and procedures. Part V will apply the due process analysis developed in Goldberg and Mathews to the MDR interview. Finally, Part VI …

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Attempts To Solve The Udrp’S Trademark Holder Bias: A Problem That Remains Unsolved Despite The Introduction Of New Top Level Domain Names, Pamela Segal Jan 2001

Attempts To Solve The Udrp’S Trademark Holder Bias: A Problem That Remains Unsolved Despite The Introduction Of New Top Level Domain Names, Pamela Segal

Cardozo Journal of Conflict Resolution

Section I of this note will trace the history of the Internet as well as the development of ICANN and the UDRP. Section II will provide an in depth discussion of ICANN’s process in selecting the new top level domain names. Section III will furnish a general overview of ICANN’s Uniform Dispute Resolution Policy and its implications. Section IV will specifically examine the effects of the new TLD application process in light of the UDRP’s trademark holder bias. Finally, in Section V it is suggested that it is necessary to revise the UDRP through implementing one of the proposed solutions. …

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Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love Jan 2001

Mediation Of Probate Matters: Leaving A Valuable Legacy, Lela P. Love

Articles

No abstract provided.

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First Annual International Advocate For Peace Award, Honoring Ambassador Richard C. Holbrooke, Spring 2000 Jan 2000

First Annual International Advocate For Peace Award, Honoring Ambassador Richard C. Holbrooke, Spring 2000

Cardozo Journal of Conflict Resolution

No abstract provided.

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Images Of Justice, Lela P. Love Jan 2000

Images Of Justice, Lela P. Love

Articles

No abstract provided.

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Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …

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A Dangerous Supplement? Longshot Claims And Private Securities Litigation, Charles M. Yablon Jan 2000

A Dangerous Supplement? Longshot Claims And Private Securities Litigation, Charles M. Yablon

Articles

No abstract provided.

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A Tribute To James B. Boskey, Lela P. Love Jul 1999

A Tribute To James B. Boskey, Lela P. Love

Articles

No abstract provided.

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