Dispute Resolution and Arbitration Commons^™

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 …

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

Articles

No abstract provided.

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.

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

Cardozo Journal of Conflict Resolution

No abstract provided.

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.

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 …

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. …

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

Cardozo Journal of Conflict Resolution

No abstract provided.

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 …

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

Articles

No abstract provided.

Images Of Justice, Lela P. Love

Articles

No abstract provided.

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

Articles

No abstract provided.

Letters To The Editor, Lela P. Love

Articles

In Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems? [5 CLIN. L. REV. 47 (1998)], Jonathan Hyman argues that lawyers can mediate their clients' problems or transform themselves from a client's legal counselor and advocate to a neutral mediator. Professor Hyman points out that such a transformation can occur if (1) both clients give their informed consent; and (2) the lawyerturned-mediator does not offer evaluations of the case or subsequently represent either party. While Professor Hyman himself is quick to point out the many problems with this thesis, he nonetheless propounds it. I would argue that a partisan lawyer, …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 2 (1999-2000)

Cardozo Journal of Conflict Resolution

No abstract provided.

Intellectual Property As An Investment: A Look At How Adr Relates To The European Union’S Proposal For Electronic Commerce In The Single Market, Melissa Devack

Cardozo Journal of Conflict Resolution

This Note addresses the importance of designing effective ADR provisions to the EU’s Directive on Electronic Commerce in the Single Market. The advantages arbitration offers will be demonstrated through its current use in settling copyright disputes that arise from online activity. Part I will define e-commerce and will outline the forum for its online transactions, the Internet. In addition, it will discuss the difficulty of regulating activity in virtual space and the types of issues left for the legal field to resolve. Part II will set out the framework of the EU and its vision for economic and monetary union. …

Digital Millennium Copyright Act And Protecting Individual Creative Rights: A Proposal For On-Line Copyright Arbitration, Susan Hong

Cardozo Journal of Conflict Resolution

This Note argues that even though the DMCA may protect the ISPs from unwarranted copyright liability, it tilts the balance of interests between the individual creator and the ISP too far in favor of the ISP by granting them almost unbridled and arbitrary discretion to eliminate and take down allegedly infringing copyrighted work. As a result, the DMCA undermines the objective of promoting independently created works by legitimate authors. The DMCA essentially allows the ISPs to act as their own on-line copyright judges and take down creative works that are merely alleged to be infringing, but not infringing in fact …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 2, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Restructuring The Media In Post-Conflict Societies: Four Perspectives, Monroe E. Price, A. Lin Neumann, Stacy Sullivan, Herve Deguine

Cardozo Journal of Conflict Resolution

No abstract provided.

Mandatory Arbitration And Employment Discrimination: The Unfair Law, Eric A. Hernandez

Cardozo Journal of Conflict Resolution

No abstract provided.

Commentaries, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critiques the paradox of banning political parties in Turkey under the guise of protecting democracy, highlighting the suppression of minority rights, particularly targeting Kurdish identity and religious expression. It argues that Turkey's secularism has become a tool of oppression, denying cultural autonomy to Kurds and radicalizing religious groups by marginalizing them. The author, drawing on personal experience, exposes the systemic discrimination against Kurds and the hypocrisy of labeling Kurdish movements as terrorist, urging international accountability for human rights violations.

Implementing The Oslo Accords, Edward Bennett Miller

Cardozo Journal of International and Comparative Law

The article argues that a stable and lasting peace between Israel and the Palestinian Authority (PA) cannot be achieved without a shared commitment to fundamental values such as freedom, democracy, and the rule of law. It critiques the current peace process for neglecting these principles and instead prioritizing economic growth and political expediency. The analysis emphasizes that the PA's failure to establish a functioning judiciary, its disregard for human rights, and its authoritarian governance undermine the prospects for long-term stability and peace in the region. The article advocates for a new approach to the peace process that prioritizes democratization and …

Should Mediators Evaluate? A Debate Between Lela P. Love And James B. Boskey

Cardozo Journal of Conflict Resolution

The Editors of the Cardozo Online Journal of Conflict Resolution publish this debate with sadness over the death of James Boskey, who died recently, but with gratitude to have this opportunity to present and preserve his wisdom, knowledge and humor.

Should Mediators Evaluate: A Debate Between Lela P. Love and James B. Boskey marks our inaugural publication of the Cardozo Online Journal of Conflict Resolution (“COJCR”) which the Journal would like to dedicate to the life and works of James Boskey. In the months before his untimely passing, Professor Boskey graciously encouraged us to proceed with the publication of the …

The State Of The States: Dispute Resolution In The Courts

Cardozo Journal of Conflict Resolution

No abstract provided.

Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love

Articles

We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.

Teaching A New Paradigm: Must Knights Shed Their Swords And Armor To Enter Certain Adr Arenas?

Cardozo Journal of Conflict Resolution

No abstract provided.

A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl B. Mcdonald

Articles

Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.

The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love

Articles

The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.

Practice Guidelines For Co-Mediation: Making Certain That “Two Heads Are Better Than One”, Lela P. Love, Joseph B. Stulberg

Articles

Co-mediation can either enhance or diminish the effectiveness of the mediation process. This article outlines advantages and disadvantages of comediation and proposes guidelines for co-mediators to enable maximizing the potential of a co-mediation team.

"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love

Articles

An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses the strengths and weaknesses of legal claims, proposes settlement terms, pushes parties to accept a particular settlement, and predicts court outcomes or the impact of not settling. A mediator’s assessment invariably favors one side over the other and jeopardizes neutrality. This article argues that mediation should stand as a distinct and clear-cut alternative to the evaluative and frequently highly-adversarial adjudicatory processes and that mediators should not evaluate.

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

Articles

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.