Dispute Resolution and Arbitration Commons^™

When Back To Work Orders Fail: Lessons From Air Canada For U.S. Labor Policy, David Schwartz

Cardozo Journal of Conflict Resolution (CJCR) Blog

In August 2025, 99.7% of Air Canada flight attendants agreed to strike, triggering what quickly became one of the most visible labor disputes in North America. Within hours, the government declared the strike unlawful and issued a back‑to‑work order. On paper, this should have ended the disruption. In practice, it did not. Thousands of flight attendants, organized under the Canadian Union of Public Employees (CUPE), defied the order and continued protesting. CUPE believed the process was unfair, claiming the airline refused to bargain fairly knowing the government would intervene to preserve operations. The strike paralyzed operations at Canada’s largest airline …

Nfl Commissioner-Driven Arbitration Versus Other Sports League Arbitration Procedures, Victoria Gracia

Cardozo Journal of Conflict Resolution (CJCR) Blog

Former Miami Dolphins head coach Brian Flores and two other former NFL coaches filed a punitive class action in Manhattan federal court against the NFL in 2022, alleging the league engages in racially discriminatory hiring and retention practices. The NFL moved to compel arbitration pursuant to the provision in its employee contract that incorporates the NFL’s constitution, which includes an arbitration clause. In March 2023, U.S. District Judge Valerie Caproni held that the NFL failed to meet its burden demonstrating that Flores entered an enforceable agreement to arbitrate; therefore, Flores could pursue his claims in federal court, while his two …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Lawyers' Client-Inclusive Negotiations: The "New Mediation"?, Nancy A. Welsh, Donna Shestowsky

Faculty Scholarship

When proponents initially urged the courts to institutionalize mediation for the resolution of general civil cases, they argued that the procedure would be superior to trial—and also to lawyers’ settlement negotiations—in terms of parties’ exercise of self-determination, satisfaction with outcomes, and opportunity for voice. These claims, however, rested on certain assumptions, particularly regarding the implementation of mediation and lawyers’ settlement negotiations. In mediation, the parties were to take center stage, with the mediator assisting them by facilitating their communication and negotiation so that they could reach a customized resolution. Lawyers’ settlement negotiations in general civil litigation, meanwhile, were assumed to …

When Environmental Provisions Acquire Primacy Over The Economic Interests – Case Comment Of The Preliminary Ruling In Case C-626/22 C.Z. And Others V Ilva, Katarzyna Błaszczak, Michał Krzaczek

Yearbook of Antitrust and Regulatory Studies

This case note analyses the Court of Justice of the European Union’s (CJEU) preliminary ruling in case C-626/22 (C. Z. and Others v Ilva). The Court interpreted the Industrial Emissions Directive (IED), ruling that Member States cannot derogate from minimum EU environmental requirements. The ruling established that environmental permits must consider all scientifically known harmful substances that could be emitted by installations. The Court also ruled that national regulations permitting repeated extensions to deadlines for installation operations, despite the identification of serious environmental and health risks, were incompatible with the IED. The CJEU’s interpretation confirms the primacy of environmental and …

Heckman V. Live Nation Entertainment: New Rules For Mass Arbitration Companies, Jona Mensch

Cardozo Journal of Conflict Resolution (CJCR) Blog

An interesting new development in alternative dispute resolution has worked its way up the court system in the last few years, as a group of plaintiffs brought a putative class action alleging anticompetitive practices against Live Nation Entertainment and Ticketmaster. Live Nation and Ticketmaster moved to compel arbitration based on Ticketmaster’s Terms of Use, which purported to require that plaintiffs arbitrate claims before a newly created arbitration company—New Era ADR. The Ninth Circuit affirmed the district court’s order denying defendants’ motion to compel arbitration in Heckman v. Live Nation Entertainment, Inc., determining that New Era’s arbitration rules were procedurally …

The Power Of Public Vision In Adr, Courtney Verbick

Cardozo Journal of Conflict Resolution (CJCR) Blog

Mediation, a form of alternative dispute resolution (“ADR”), resolves disputes outside of court with a neutral third party that facilitates negotiations. Its confidentiality promotes fairness, neutrality, and candor. This is appealing to parties when litigation could result in bad publicity, and is common in labor disputes, especially during union strikes, where open dialogue is essential.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 24, 2025

For-Profit Arbitration And The Race To The Procedural Bottom, Jacob Thomas

Cardozo Journal of Conflict Resolution (CJCR) Blog

For decades, the U.S. Supreme Court has expressed corporate favor by greenlighting mandatory arbitration clauses that modify the arbitration process to limit claims and maximize profit. These modifications include everything from authorizing provisions that require consumers to waive their right to a class action, to corporate specification of the forum, rules, and relevant procedures for arbitration. However, it is not only these company written arbitration clauses that are expanding corporate dominance in arbitration, there is an underexplored profit incentive helping to shape the corporate friendly structure of the arbitration process originating from the arbitration forums themselves.

The print edition of …

Cardozo Entertainment Law Conference, Cardozo Dispute Resolution Competition Honor Society, Cardozo Entertainment Law Society, Cardozo Fame Center

2025–2026 Flyers

No abstract provided.

The Next Century Of Challenges For The Faa, Cardozo Journal Of Conflict Resolution

2025–2026 Flyers

As the Federal Arbitration Act (FAA) enters its second century, arbitration remains one of the most contested areas of modern dispute resolution. Praised for efficiency and accessibility, it is also challenged for issues of fairness, transparency, and equity. This year’s Melnick Symposium will explore how arbitration must evolve to meet the demands of justice in the decades ahead.

By addressing this theme, the Symposium seeks to imagine what the FAA’s next century should look like and how arbitration can become a more equitable, inclusive, and effective system of justice.

Conflict Clarity: How To Teach Students To Turn Disputes Into Growth Opportunities, Eileen Paige Petzold-Bradley

Learning and Educational Center Virtual Teaching and Learning Conference

Conflict is an unavoidable part of learning and working in today’s fast-changing industries. Faculty often observe students struggling with teamwork, communication breakdowns, and emotional self-management during group projects or internships. This session equips educators with practical strategies to help students build durable skills—conflict resolution, emotional intelligence, and self-awareness—that translate directly into professional success.

Drawing on research in conflict management, leadership, and organizational psychology, participants will explore the “Conflict Clarity” framework: a set of teaching tools, reflection prompts, and case scenarios designed for classroom use across disciplines. Faculty will learn how to integrate conflict styles, the CLEAR conversation framework, and role-play …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Ai Mediation — Ethically Questionable?, Steven Nappi

Cardozo Journal of Conflict Resolution (CJCR) Blog

Artificial Intelligence (“AI”) is an imperative aspect of modern society. However, in the legal field, AI must be used with the utmost discretion. Earlier this year, an attorney from Utah used ChatGPT to create a brief which produced a case that does not exist. In response, the Utah Court of Appeals sanctioned the attorney. Nevertheless, at the 2025 ABA TECHSHOW, a legal tech startup launched an artificial intelligence mediator.

Evidently, an attorney cannot ethically use AI to write a brief defending their client in litigation. Yet, the underlying question remains: why should AI be replacing human mediators?

The print edition …

The Multidoor Courthouse System In Commercial Maritime Disputes : Enhancing Access To Justice And Dispute Resolution Efficiency In Nigeria, Adetola Aderonke Oduwole

World Maritime University Dissertations

No abstract provided.

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

China’S Revised Arbitration Law, Jillian Farrell

Cardozo Journal of Conflict Resolution (CJCR) Blog

Historically, China has been an undesirable venue for arbitration amongst foreign parties. Chinese arbitration institutions had been quasi-governmental, creating concerns about institutional bias and the perception that Chinese arbitrators exercised “ambiguous flexibility” in their decision-making. Chinese courts also had a reputation for not enforcing arbitration awards. Although there has not been empirical data to suggest that Chinese Arbitration proceedings are always biased, the provisions of China’s Arbitration Law itself alongside individual’s experiences painted Chinese Arbitration as unfair and unenforceable.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict …

Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis

2025 Event Invitations

Join us for an inspiring conversation with three extraordinary individuals who have turned painful histories into catalysts for change:

• Tamara Meyer – daughter of German Jewish Holocaust survivors who now builds dialogue and healing across generational trauma
• Arno Michaelis – former leader in the White nationalist movement, who now works to prevent radicalization and promote compassion
• Daryl Davis – Black musician and racial justice advocate known for fostering friendships with members of the Ku Klux Klan, confronting hate with curiosity

The New Nil Deals In College Sports, Anna Mestel

Cardozo Journal of Conflict Resolution (CJCR) Blog

The world of college sports is undergoing a major transformation with the introduction of new rules governing Name, Image, and Likeness (“NIL”) deals. NIL refers to a college athlete’s right to profit from the commercial use of their name, image, and likeness as part of their personal brand. Prior to 2021, student-athletes were prohibited from entering into agreements that allowed them to profit from their fame. That changed in 2021, when athletes were granted NIL rights and permitted to monetize their athletic ability. Today, athletes sign major contracts not only with traditional sports brands such as Nike and Adidas, but …