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Articles 541 - 570 of 697
Full-Text Articles in Dispute Resolution and Arbitration
Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein
Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein
Cardozo Journal of Conflict Resolution
The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …
Judges Gone Wild: Why Breaking The Mediation Confidentiality Privilege For Acting In "Bad Faith" Should Be Reevaluated In Court-Ordered Mandatory Mediation, Samara Zimmerman
Judges Gone Wild: Why Breaking The Mediation Confidentiality Privilege For Acting In "Bad Faith" Should Be Reevaluated In Court-Ordered Mandatory Mediation, Samara Zimmerman
Cardozo Journal of Conflict Resolution
This Note focuses on the reasons why a good faith requirement or a bad faith exception for breaking mediation confidentiality is objectionable and offers an alternative for the Florida court system that, if implemented, could mitigate such disadvantages. I will discuss "the intersection between [a] court-ordered mediation, the confidentiality of which is mandated by law ... and the power of a court to control proceedings," and persons who appear before it by sanctioning conduct that taking place in mediation. Part II of this Note will begin by providing a background to the Doe v. Francis civil case. It will highlight …
Licensing Technology To The Brics: The Case For Adr, Aaron Pereira
Licensing Technology To The Brics: The Case For Adr, Aaron Pereira
Cardozo Journal of Conflict Resolution
This Note seeks to explore the application of mechanisms of Alternative Dispute Resolution ("ADR") to overcome problems associated with the traditional methods of international patent litigation, with a focus on the BRIC countries. It starts with an outline of patent rights including their international licensing. The Note will then move on to a discussion of the present mechanisms of international patent protection and perceived problems with the current system, the ways in which ADR can help overcome these problems and the limitations of ADR in this field. Finally, the Note will examine the enforcement of ADR awards, the application of …
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Cardozo Journal of Conflict Resolution
The evolution of equity in tort has brought about the use of alternative methods of dispute resolution in reaching settlements in mass tort cases: "Indeed, equity is a progressive force in the law. When formal adjudication cannot provide a plain, adequate, and complete remedy, the system of ADR should be flexible enough to deliver individualized justice." It appears, however, that the use of ADR is not always a prudent exercise of the court's power, nor is it always conducive to individual justice. This Note examines the Gray case, in which the court appointed a special master, thereby assigning one man …
Disciplining The Disciplinary Systems In Professional Sports: An Attempt To Fix The Arbitrary And Overreaching Disciplinary Powers Of Sports Commissioners, David Sirotkin
Cardozo Journal of Conflict Resolution
This Note contends that commissioners' abilities to unilaterally discipline players must be checked for the protection of players, and that more grievance appeals should go to neutral arbitrators. Part I outlines the commissioners' powers in the four major American sports leagues as conferred upon them by their respective CBAs. Part II discusses the history of commissioners' power in sports to illustrate how their powers have evolved and expanded over time. Part III distinguishes the NFL Commissioner's power and disciplinary authority from that of the NBA, MLB, and NHL Commissioners, as it displays a particularly egregious example of a commissioner's unilateral …
The Funny Thing About Mediation: A Rationale For The Use Of Humor In Mediation, Whitney Meers
The Funny Thing About Mediation: A Rationale For The Use Of Humor In Mediation, Whitney Meers
Cardozo Journal of Conflict Resolution
This Note will show that, because of the lack of scholarly research addressing the use of humor in mediation, general perceptions about the legal profession, and current perceptions about the use of humor in mediation, some mediators shy away from using humor in their practice because they do not fully understand when to use it and how to embrace it. While there are significant risks to consider when assessing whether humor is appropriate for a particular mediation, this Note seeks to identify some of the benefits of using humor in practice. It offers a rationale for the use of humor …
Eye Of The Tiger: China Will Rise Up To The Challenge Of Its Rivals, Benjamin S. Thompson
Eye Of The Tiger: China Will Rise Up To The Challenge Of Its Rivals, Benjamin S. Thompson
Cardozo Journal of Conflict Resolution
This note will discuss the details of the enforcement challenges within Mainland China, identify the economic forces of the world market on China's arbitration processes, and will examine these force's certain effects on its arbitral award enforcement challenges. The perspective introduced herein describes the challenges and options that Mainland China will encounter with its arbitral award enforcement issues, and how the international, commercial market will force these difficulties to be quickly repaired. The expectations of the Chinese government's reaction to the economic markets, organizations, and countries that it now more frequently encounters extends to the judicial and arbitral enforcement practices …
Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross
Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross
Cardozo Journal of Conflict Resolution
It is not unusual for a disaster or crisis to give rise to increasing tensions, interpersonal disputes and general conflict; however, even after an unexpected disaster of the magnitude of the 9/11 attacks, mobilizing conflict resolution services was not a priority for conflict professionals. In the wake of 9/11, mediators, arbitrators and other conflict resolvers were primarily concerned, like their fellow citizens, with their own safety and the safety of their families. When the fear of harm from additional attacks eventually subsided, many who had not been directly affected turned their attention to assisting those less fortunate who had lost …
Disaster Basics: The Life Cycle Of A Disaster And The Role Of Conflict Resolution Professionals, Linda Baron
Disaster Basics: The Life Cycle Of A Disaster And The Role Of Conflict Resolution Professionals, Linda Baron
Cardozo Journal of Conflict Resolution
When things go wrong, we call it a problem and mediators may be called in to help parties affected by the problem work things out. When things go terribly wrong, we call it a disaster, and conflict resolution professionals can use their experience, abilities, and skills to help the individuals, families, businesses, communities, and public agencies in the aftermath.
Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin
Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin
Cardozo Journal of Conflict Resolution
All of us have been affected by disasters, either directly or indirectly. Although natural and manmade disasters have occurred throughout history, the size and scale of future disasters will surely reach regional, national and international proportions. Indeed, there is now and forevermore a disaster industry, in which Alternative Dispute Resolution (ADR) professionals will certainly play an important role.
Taking Stock: Adr Responses In Post-Disaster Situations, Maria R. Volpe
Taking Stock: Adr Responses In Post-Disaster Situations, Maria R. Volpe
Cardozo Journal of Conflict Resolution
As the use of innovative dispute resolution processes becomes more widespread and diverse, it is understandable and perhaps even inevitable that dispute resolvers will continue to explore ways to apply their knowledge, skills, and expertise in new and challenging settings. One of the contexts that dispute resolvers have paid increasing attention to since September 11th has been post-disaster situations. Despite this observation, however, dispute resolution experts continue to struggle with how to respond. While many professions, particularly those which provide emergency or essential rescue, evacuation, recovery, relocation, repair, rebuilding, and survival-related services have readily identified roles in post disaster situations, …
Who Can Be Against Fairness? The Case Against The Arbitration Fairness Act, Peter B. Rutledge
Who Can Be Against Fairness? The Case Against The Arbitration Fairness Act, Peter B. Rutledge
Cardozo Journal of Conflict Resolution
In this brief essay, I hope to lay out the case against the Arbitration Fairness Act. Part I of this Article addresses the "findings" on which the act is premised. It explains how in several respects the current research on arbitration flatly contradicts the premises animating those findings (in other respects, the data is incomplete, so the "findings" at best are better described as "untested hypotheses" or "assumptions"). Part II of this Article explains why postdispute arbitration is not a viable alternative to our present system of enforceable predispute arbitration clauses.
2007 Cardozo International Advocate For Peace Award: Acceptance Speech, Jeffrey Sachs
2007 Cardozo International Advocate For Peace Award: Acceptance Speech, Jeffrey Sachs
Cardozo Journal of Conflict Resolution
The Eighth International Peace Award Recipient
The Psychic Life Of Denial, Susan Derwin
The Psychic Life Of Denial, Susan Derwin
Cardozo Journal of Conflict Resolution
Holocaust deniers have an investment in taking a defensive stance. Theodor Adorno noted that to haggle about how many millions of innocent people were murdered in the Holocaust is degrading. Haggling about numbers is central to holocaust denial. Deborah Lipstadt's investigation of the nuances and varieties of deniers' claims across cultures makes it evident that, whatever their political or ideological objectives, deniers undertake their haggling in response to what they perceive to be an aggressive manipulation of history. Deniers charge that the manipulators are the Jews, who have inflated the number of Jewish deaths during World War II to garner …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 9, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 9, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Cardozo Journal of Conflict Resolution
In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …
Mediation: The Common Sense Solution To Solving The Myriad Choice Of Law Issues In Complex Aviation Accident Cases, Michael J. Holland
Mediation: The Common Sense Solution To Solving The Myriad Choice Of Law Issues In Complex Aviation Accident Cases, Michael J. Holland
Cardozo Journal of Conflict Resolution
Six minutes after Swissair First Officer Stefan Loew advised Canadian air traffic control authorities that Swissair Flight 111 had declared an emergency, that electric power had been lost and that the crew was attempting to prepare the cabin for an emergency landing by using flashlights, Swissair Flight 111, an MD-11 aircraft, plunged into the Atlantic Ocean some nine miles off the coast of Peggy's Cove, Nova Scotia, resulting in the death of 215 passengers and 14 crewmembers abroad the ill-fated flight.
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
Reducing Estate And Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation And Arbitration, Jonathan G. Blattmachr
Cardozo Journal of Conflict Resolution
This Article discusses how litigation relating to the administration of estates and trusts might be reduced through by careful planning prior to the property owner's transfer of wealth during lifetime or at death. As the article details, litigation involving trust and estate matters often involves an emotional element not present in most other legally disputed matters. That also suggests that methods to reduce the risk of such litigation occurring may be unique to such matters. In Part 1, certain background matters relating to the climate for such litigation are presented. In Part 2, the historic "tool" of a disinheritance clause …
Adr - Appropriate Disaster Recovery, Michael Tsur
Adr - Appropriate Disaster Recovery, Michael Tsur
Cardozo Journal of Conflict Resolution
The legal system may be as old as society itself. Since the dawn of civilization, man has incorporated law and judgment as primary tools to help regulate both civil and criminal aspects of social life. Both ancient and modern societies are often historically evaluated by the structure and quality of their legislative and judicial systems. People seem to have been caught in dispute ever since they began living together and effective dispute resolution was necessary for fundamental social structure and order.
Denying Genocide: Law, Identity And Historical Memory In The Face Of Mass Atrocity Conference, Belinda Cooper
Denying Genocide: Law, Identity And Historical Memory In The Face Of Mass Atrocity Conference, Belinda Cooper
Cardozo Journal of Conflict Resolution
In 2006, France's lower house of parliament, the National Assembly, adopted a bill that would have made it a crime to deny that the Turks committed genocide against the Armenians during and after World War I. Almost simultaneously, Turkish writers and scholars, including Nobel Prize winner Orhan Pamuk, were being charged by Turkish authorities for precisely the opposite "crime": calling the killing of Armenians by Turks a genocide and, in the process, "denigrating Turkishness.'' These two diametrically opposed events provided an illustrative backdrop to the Denying Genocide: Law, Identity and Historical Memory in the Face of Mass Atrocity conference at …
A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis
Cardozo Journal of Conflict Resolution
I would like to thank the organizers of the conference, particularly Sheri Rosenberg, for their gracious invitation to speak to what is undoubtedly one of the most pressing themes commanding our attention - genocide and its denial. This is a time when historical truth struggles to endure in the face of insidious attacks at times couched in human rights rhetoric.
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Cardozo Journal of Conflict Resolution
The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.
The Mediation Of Securities Class Action Suits, Jed D. Melnick, Daniel Weinstein, Michael Young, Mary Jo Barry, Max Berger, Michael Goodstein, Gregory Markel, Samuel H. Rudman, Alan Salpeter
The Mediation Of Securities Class Action Suits, Jed D. Melnick, Daniel Weinstein, Michael Young, Mary Jo Barry, Max Berger, Michael Goodstein, Gregory Markel, Samuel H. Rudman, Alan Salpeter
Cardozo Journal of Conflict Resolution
On September 27, 2007, a packed Moot Court Room at the Benjamin N. Cardozo School of Law welcomed two prominent JAMS mediators, Judge Daniel Weinstein (Ret.) and Michael Young, Esq., to a symposium on the mediation of securities class actions. Judge Weinstein and Mr. Young were joined by a panel of distinguished practitioners from all sides of the securities class action bar, including plaintiffs' lawyers Max Berger and Sam Rudman, defense lawyers Gregory Markel and Alan Salpeter, and insurance carrier lawyers Mary Jo Barry and Michael Goodstein.
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2008-09), Iss. 1
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2008-09), Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein
Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein
Cardozo Journal of Conflict Resolution
The publication of Professor Julie Macfarlane's solid and important book establishes a new, high water mark in the maturation of the alternative dispute resolution field. The author maintains, with strong support from research and interviews, that the legal profession is in a process of transformation, having taken on board many of the key principles and assumptions developed over the past three decades of ADR practice and scholarship. ADR has long since ceased to be "alternative" in the sense of novel or unorthodox, and Macfarlane argues that lawyers are increasingly being called upon to act, not as warriors in court battles, …
Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein
Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein
Cardozo Journal of Conflict Resolution
This paper explores the notion of collective trauma and discusses the implications of its theoretical underpinnings in two Alternative Dispute Resolution (ADR) practices. First, it offers the use of the Narrative Mediation model to construct a method to deal with collective trauma, as it affects individuals. Narrative Mediation is presented as the most comprehensive and transformative tool to address collective trauma. Second, an ADR approach to collective trauma is offered in cases where no mediation is possible. The concept of "fitting the forum to the fuss," which is a fundamental organizing mechanism in the ADR field, is applied in this …
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
Cardozo Journal of Conflict Resolution
This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.
A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo
A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo
Cardozo Journal of Conflict Resolution
Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Cardozo Journal of Conflict Resolution
This article examines the mediation process within the Registry of Interpreters for the Deaf Ethical Practices System and suggests when and how technology may be utilized to enhance that process. Background information regarding the interpreting profession, the Deaf Community, and the process for filing and reviewing grievances will provide a context for this discussion. An overview of the technologies already being used within the Deaf Community and interpreting field will help to determine where new technologies can be introduced most effectively. Each of the three steps in the EPS will be analyzed to assess how additional technologies can be integrated …