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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 1002

Full-Text Articles in Dispute Resolution and Arbitration

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 6 (2004-05) Jan 2004

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 6 (2004-05)

Cardozo Journal of Conflict Resolution

No abstract provided.

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The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman Jan 2004

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

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Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman Jan 2004

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …

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Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim Jan 2004

Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim

Cardozo Journal of Conflict Resolution

Eureka! DoubleMe Corporation just discovered "Clone-IT." Believing "Clone-IT" to be the first invention of its kind, DoubleMe invested a great deal of resources into its inventive efforts and kept its research and experiments top secret. After DoubleMe completed the necessary paperwork and paid the requisite fees, the United States Patent and Trademark Office issued it a patent for "Clone-IT."

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Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic Jan 2004

Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic

Cardozo Journal of Conflict Resolution

"The [UNCITRAL] was created by the General Assembly in 1966 to enable the United Nations to play a more active role in reducing or removing legal obstacles to the flow of international trade." The U.N. recognized that various economic and legal differences existed between States. These differences were the source of many of the problems that hindered the advancement of an integrated international trade system. "The General Assembly considered it desirable that the process of harmonization and unification of the law of international trade be substantially coordinated, systemized, accelerated, and that a broader participation by States be secured."

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Cultural Heritage And Identity, Lucille A. Roussin Jul 2003

Cultural Heritage And Identity, Lucille A. Roussin

Cardozo Journal of International and Comparative Law

The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.

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Commentary By Professor Frank Emmert, Frank Emmert Jan 2003

Commentary By Professor Frank Emmert, Frank Emmert

Cardozo Journal of Conflict Resolution

No abstract provided.

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Commentary By Professor Hans Smit, Hans Smit Jan 2003

Commentary By Professor Hans Smit, Hans Smit

Cardozo Journal of Conflict Resolution

No abstract provided.

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Arbitrating Corporate Malfeasance Jan 2003

Arbitrating Corporate Malfeasance

Cardozo Journal of Conflict Resolution

With the Sarbanes-Oxley Act as a backdrop, this symposium explored the ramifications of the SarbanesOxley Act on the securities industry and how regulatory organizations address corporate malfeasance. Participants discussed how securities firms comply with Sarbanes-Oxley, including the effects of the attorney disclosure rules recently adopted by the Securities and Exchange Commission. The discussion addressed recent enforcement actions that resulted from Sarbanes-Oxley and the types of civil disputes that are arising. Finally, the participants described how dispute resolution mechanisms such as arbitration and mediation are being utilized for investor and employment cases arising on the heels of the enforcement cases.

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Negotiating With Terrorists And Non-State Actors: The Journey To World Peace Jan 2003

Negotiating With Terrorists And Non-State Actors: The Journey To World Peace

Cardozo Journal of Conflict Resolution

Panelists and participants explored the use of alternative dispute resolution processes in resolving international conflicts. The panelists addressed: (1) Who are terrorists according to traditional definitions (non-state actors and freedom fighters), prevailing attitudes (fundamentalists), and recent regulations, (2) Does negotiation with terrorists work, and what are the benefits, disadvantages, and alternatives, (3) Whether there is a need for international law and policy reformation.

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Commentary By Angelina Khaminwa, Angelina Khaminwa Jan 2003

Commentary By Angelina Khaminwa, Angelina Khaminwa

Cardozo Journal of Conflict Resolution

There is an organization in England called the Conciliation Resources and they put together a publication called The Court on a regular basis. They put together a special series in 1999 that reflected on the peace process in Northern Ireland. One of the authors of the article, Klem McCarthney, wrote a piece from which I will quote: "many who did not support a predominant system of sectarian politics found their sphere of activism in the trade unions, churches and neighborhoods, but they had little impact on the overall political situation. Most sectarianism society including the churches, were themselves divided about …

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Commentary By Michael J. Wildes, Michael J. Wildes Jan 2003

Commentary By Michael J. Wildes, Michael J. Wildes

Cardozo Journal of Conflict Resolution

No abstract provided.

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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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Annotations Jan 2003

Annotations

Cardozo Journal of Conflict Resolution

No abstract provided.

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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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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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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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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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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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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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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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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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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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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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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 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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