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Articles 661 - 690 of 697
Full-Text Articles in Dispute Resolution and Arbitration
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell
Cardozo Journal of Conflict Resolution
This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …
Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic
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."
Commentary By Michael J. Wildes, Michael J. Wildes
Commentary By Michael J. Wildes, Michael J. Wildes
Cardozo Journal of Conflict Resolution
No abstract provided.
Commentary By Professor Frank Emmert, Frank Emmert
Commentary By Professor Frank Emmert, Frank Emmert
Cardozo Journal of Conflict Resolution
No abstract provided.
Commentary By Professor Hans Smit, Hans Smit
Commentary By Professor Hans Smit, Hans Smit
Cardozo Journal of Conflict Resolution
No abstract provided.
Negotiating With Terrorists And Non-State Actors: The Journey To World Peace
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.
Commentary By Angelina Khaminwa, Angelina Khaminwa
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 …
Arbitrating Corporate Malfeasance
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.
Commentary By Richard Horowitz, Richard Horowitz
Commentary By Richard Horowitz, Richard Horowitz
Cardozo Journal of Conflict Resolution
No abstract provided.
Peer Mediation Programs: An End To School Violence?, Alixandra Blitz
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.
International Advocate For Peace Award 2003, Desmond Tutu
International Advocate For Peace Award 2003, Desmond Tutu
Cardozo Journal of Conflict Resolution
No abstract provided.
Victim-Offender Mediation And Violent Crimes: On The Way To Justice, Ilyssa Wellikoff
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 …
Reason Over Rhetoric: The Case For Enforcing Predispute Agreements To Arbitrate Employment Discrimination Claims, Craig Hanlon
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 …
Alternative Dispute Resolution In The Entertainment Industry
Alternative Dispute Resolution In The Entertainment Industry
Cardozo Journal of Conflict Resolution
No abstract provided.
Development Of China’S Legal System Will Strengthen Its Mediation Programs, Deborah Chow
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 …
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’ …
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 …
The Ada Mediation Guidelines: A Community Collaboration Moves The Field Forward, Judith Cohen
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 …
Using Alternative Dispute Resolution In Intellectual Property Cases
Using Alternative Dispute Resolution In Intellectual Property Cases
Cardozo Journal of Conflict Resolution
No abstract provided.
Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman
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.
The Young Cybersquatter’S Handbook: A Comparative Analysis Of The Icann Dispute, Kevin J. Heller
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 …
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
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
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.
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 2 (1999-2000)
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
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 2, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.