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Articles 271 - 300 of 317
Full-Text Articles in Dispute Resolution and Arbitration
The Consumer’S Choice To Boycott, Agnes Bresee
The Consumer’S Choice To Boycott, Agnes Bresee
Seattle University Law Review
In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 3
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 3
Cardozo Journal of Conflict Resolution
No abstract provided.
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
Cardozo Journal of Conflict Resolution
Online mediation has developed significantly over the past decade, and increasingly so following the COVID-19 pandemic. Online mediation platforms are now integrated into both private and public settings, enabling mediation through diverse means-from videoconferencing software to dedicated platforms that use various procedural and technological tools, including artificial intelligencepowered applications. The digital transformation of the mediation process introduces challenges and opportunities for mediators, parties, and mediation platforms, many of which stem from new digital datahandling practices. This article explores how such digital transformation of mediation impacts the parties' rights to self-determination and privacy. Recognizing that these rights derive from the parties' …
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Cardozo Journal of Conflict Resolution
Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The presentArticle addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in …
The Use Of Mediation To Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, And Resistance Rates In Patients Across The Nation, Shifra Ben-Jacob
The Use Of Mediation To Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, And Resistance Rates In Patients Across The Nation, Shifra Ben-Jacob
Cardozo Journal of Conflict Resolution
No abstract provided.
Multi-Track Diplomacy & The Abraham Accords: A Blueprint For Broader Middle Eastern Peace Between Israel And The Arab World Based Upon Shared Economic Interests, Security, And Grassroots Peacebuilding, Eliott Dosetareh
Cardozo Journal of Conflict Resolution
No abstract provided.
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 26 (2024–25)
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 26 (2024–25)
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Cardozo Journal of Conflict Resolution
No abstract provided.
Twenty-Third Annual International Advocate For Peace Award, Honoring Dr. Richard N. Haass, Richard N. Haass, Melanie Leslie, Andrea K. Schneider, Zachary Knoop, Daniel Kim
Twenty-Third Annual International Advocate For Peace Award, Honoring Dr. Richard N. Haass, Richard N. Haass, Melanie Leslie, Andrea K. Schneider, Zachary Knoop, Daniel Kim
Cardozo Journal of Conflict Resolution
On March 27, 2024, the Cardozo Journal of Conflict Resolution presented the twenty-third annual International Advocate for Peace Award to Dr. Richard N. Haass. The following is a transcript of the event's speeches.
Arbitral Reliance On "Precedent", Ariana R. Levinson
Arbitral Reliance On "Precedent", Ariana R. Levinson
Cardozo Journal of Conflict Resolution
We conclude that "precedent" may not be the most appropriate term for arbitrators' reliance on other awards. While the term "precedent" might be used loosely in the sense that any past event is a precedent for any future event, the doctrines of stare decisis, collateral estoppel, and res judicata do not apply in labor arbitration. Only if a contract explicitly states or is interpreted by arbitrators to require past awards between the same parties to bind them into the future until a change is negotiated to the contract will these doctrines be utilized by arbitrators. Much more often, including in …
Use Of Collaborative Governance In Passing Effective Abortion Laws In Texas To Decrease Rates Of Injury, Criminal Penalties, And Civil Litigation, Nowshin Nawal
Cardozo Journal of Conflict Resolution
No abstract provided.
Unblocking The Chain: Leveraging Mediation And Negotiation In Crypto Exchange User Disputes, Jane Perov
Unblocking The Chain: Leveraging Mediation And Negotiation In Crypto Exchange User Disputes, Jane Perov
Cardozo Journal of Conflict Resolution
No abstract provided.
Negotiating In The Fast Lane: Developing An Integrative Bargaining Scheme For Formula One Licensing Agreements With Street Circuit Venues, Nicholas Wynne
Negotiating In The Fast Lane: Developing An Integrative Bargaining Scheme For Formula One Licensing Agreements With Street Circuit Venues, Nicholas Wynne
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Artificial Intelligence And Mediation Ethics, Zachary R. Calo
Artificial Intelligence And Mediation Ethics, Zachary R. Calo
Cardozo Journal of Conflict Resolution
Artificial intelligence ("Al") presents many opportunities to improve the efficiency, effectiveness, and accessibility of mediation. More than that, it has potential to transform the nature of how mediation is practiced and what mediation is. While Al might not yet play a significant role in many mediations, there is widespread recognition that the technology is disrupting many established dispute resolution practices. What mediation will look like on the other side is unclear, but it will not be the same.
Technology And Victims' Compensation Systems: The Brumadinho Experience, Diego Faleck
Technology And Victims' Compensation Systems: The Brumadinho Experience, Diego Faleck
Cardozo Journal of Conflict Resolution
The rupture of the B-I dam of the C6rrego do Feijio Mine, in Brumadinho, Minas Gerais, Brazil, owned by the company VALE S/A, which occurred on January 25, 2019, gave rise, from the point of view of civil liability, to a series of extrajudicial measures of socioeconomic reparation. These measures include the payment of emergency compensation to more than 100,000 people, and the implementation of an individual, optional, and voluntary compensation program for civil and labor claims, for the victims and their families. The compensation program was designed according to the principles and techniques of the evolving field of study …
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
Cardozo Journal of Conflict Resolution
When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a …
Addressing New York's Scaffolding Issue Through An Arbitration Framework, Jared Man
Addressing New York's Scaffolding Issue Through An Arbitration Framework, Jared Man
Cardozo Journal of Conflict Resolution
New York City is one of the most, if not the most, famous cities in the world. Whether it is the melting pot of cultures, the signature attitude of its residents, or the numerous attractions, people flock to New York to either see the city with their own eyes or end up moving here to become part of the city itself. However, one of New York's most notable features is the beautiful architecture it boasts. Every neighborhood comes with its own distinct feeling once you pass through it, which in large part has to do with kinds of buildings that …
Early Neutral Evaluation In Baseball Arbitration, Yakov Schwalb
Early Neutral Evaluation In Baseball Arbitration, Yakov Schwalb
Cardozo Journal of Conflict Resolution
In recent years, the contracts awarded to Major League Baseball ("MLB") players in free agency have been astronomical. In the 2023 offseason, Shohei Ohtani signed the largest contract in American sports history, a ten-year $700 million contract with the Los Angeles Dodgers. In the previous year, MLB teams spent over $3.5 billion on free agents. However, before a player is eligible for free agency, he can undergo a process called final offer arbitration ("FOA"). In this system, if a player and his professional baseball team are unable to reach an agreement for the player's salary for the upcoming season, the …
Squatters Squabbles: The Use Of Mediation To Provide Beneficial Solutions To Adverse Possession Claims In New Jersey, Bayla Zohn
Cardozo Journal of Conflict Resolution
In our society, law is a complex and ever-evolving field, constantly adapting to fit our needs. Yet, there are certain legal matters we would expect to have clear and obvious resolutions. Property ownership should be simple and unambiguous, governed by "established legal rules and precepts." Examine a deed, survey the stated legal owner of the tract of land, and your answer should be uncomplicated. Yet, there are a multitude of complex laws that allow individuals to obtain legal ownership of land in a seemingly illicit fashion.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
Overseeing The Administrative State, Jill E. Fisch
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
Seattle University Law Review
Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet
Feeding The Good Fire: Paths To Facilitate Native-Led Fire Management On Federal Lands, Kevin Burdet
Seattle University Law Review
In 2003, nearly twenty Native American reservations were devastated by wildfires that originated on adjacent federal lands. The San Pasqual Reservation’s entire 1,400 acres were burned along with over a third of its homes, and seventy-five percent of the Rincon Reservation was burned, taking twenty homes with it. These devastating fires, along with others in 2002, brought about the Tribal Forest Protection Act of 2004 (TFPA), which offered hope for Tribes to propose projects on bordering or adjacent federal lands and protect reservation lands in the process. Unfortunately, twenty years later, the TFPA has had a marginal effect in enabling …
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
Seattle University Law Review
After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Law Faculty Scholarship
Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …
A New Frontier In Online Dispute Resolution: Combining Ai And Mindfulness, Noopur Amin
A New Frontier In Online Dispute Resolution: Combining Ai And Mindfulness, Noopur Amin
Journal of Law, Technology, & the Internet
The use of artificial intelligence (AI) in dispute resolution has gained attention due to its potential to streamline the resolution process and reduce costs. The purpose of this paper is to explore the integration of AI with alternative dispute resolution (ADR) processes and propose an online dispute resolution (ODR) model that combines elements of mindfulness and different forms of AI. The paper begins by providing an overview of the history of ODR and introducing Lodder and Zeleznikow's three-step ODR model. It then explores the role of AI in dispute resolution and provides a brief history of AI generally. The comparison …