Dispute Resolution and Arbitration Commons^™

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.

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.

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 …

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.

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. …

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 …

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

Cardozo Journal of Conflict Resolution

No abstract provided.

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.

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.

Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins

Cardozo Law Review

The government does not speak a unitary voice in court. The exercise of independent litigating authority by governmental entities connotes the absence of White House authority and, with it, disunity in interpretation. Sometimes Congress encourages such disunity through statutory grants of independent litigating authority. Sometimes the executive accommodates the desires of governmental entities to speak their own voice in particular cases. At other times the executive acknowledges an implicit claim of right for an independent agency or governmental corporation to control its litigation.

Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine

Cardozo Law Review

No abstract provided.

Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib

Cardozo Law Review

No abstract provided.

Attorney-Client Fee Arbitration: A Dissenting View, Lester Brickman

Articles

No single issue between lawyer and client arises more frequently or generates more public resentment than fee problems. Ethical tenets urge lawyers to resolve fee 4isputes without resort to litigation. Where such procedures exist, attorneys are admonished to submit disputes to arbitration. In several jurisdictions, arbitration has gained endorsement from bar associations as the preferred method of fee dispute resolution.

Autonomy Of Law And The Origins Of The Legal Profession, Bruce W. Frier

Cardozo Law Review

No abstract provided.

Law Thinking Itself: The Idealism Of International Law, Harry Brod

Cardozo Law Review

No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

Enforceability Of Agreements To Arbitrate: An Examination Of The Public Policy Defense, Stewart E. Sterk

Cardozo Law Review

No abstract provided.

Sacks V. Mussary Et Al., Yoel Sussman, Moshe Silberg, Haim Herman Cohn

Translated Opinions

The appellant and the respondents carried on business in partnership, and differences having arisen between them a submission to arbitration was signed in which the arbitrators were invited "to investigate, consider and decide the amount which Mr. Edgar Sacks (the appellant) is to pay to the partnership", this being an amount "which Mr. Edgar Sacks has to refund to the partnership on account of damages and losses caused by him." The District Court found that the subject matter of the arbitration was in fact joint property which the appellant was alleged to have stolen, and that the parties, in submitting …