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Calling Judges, Cardozo Invitational Negotiation On Entertainment , Media And Art (Cinema), Cardozo Dispute Resolution Competition Honor Society (Cdrchs)

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Critique teams in live negotiations, 3 -hour window| CLE credit.

Pop-Culture Simulations For Negotiation And Conflict Resolution Education, Noam Ebner

DRI Press

Simulations have long been the cornerstone of experiential negotiation and conflict resolution education. This book offers a new genre of simulations: scenarios situated within the universes and narrative arcs of popular movies, books, and television series. These simulations bring  new levels of excitement, engagement, and motivation to the classroom as students practice decision-making within familiar storylines,  negotiating new twists in beloved tales, or settling conflicts between their favorite characters. Each simulation includes all of the required roleplay material as well as a full teaching note for selecting, setting up, conducting, and debriefing the exercise.

Barrie Roberts has created special versions …

Bibliographie, Poej

Proche-Orient, Études juridiques

No abstract provided.

Les Clauses Attributives De Compétence Et Les Clauses Compromissoires En Droit International Privé Libanais, Nasri Antoine Diab

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Réflexions À L’Occasion Des Arrêts De La Cour D’Appel Du Mont-Liban Du 14 Avril 1992 Et De La Cour De Cassation Du 9 Juillet 1992 Relatifs Aux Clauses Attributives De Compétence En Droit International Privé Libanais, Nasri Antoine Diab

Proche-Orient, Études juridiques

No abstract provided.

La Lex Mercatoria : Mythe Et Réalité, Walid Kassir

Proche-Orient, Études juridiques

No abstract provided.

Arbitration In Name Only, Myriam Gilles

Northwestern University Law Review

Modern arbitration clauses hide a dirty secret: many don’t actually provide for genuine arbitration. These provisions masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power to amend or terminate the clause at will without notice or consent; others design the arbitration process to ensure bias from the start; still others depart so radically from the bilateral, informal model blessed by the Supreme Court that they scarcely resemble arbitration at all. These arrangements are arbitration in name only, falling outside the Federal …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A New Nature Of Pleading: Applying The Framework Of Common Law Pleading To Discovery As A Case-Initiation Tool, Masai Mcdougall

Cardozo Journal of Conflict Resolution

The common law tradition has relied on the exchange of allegations to start lawsuits for centuries. This Article reviews a growing trend within that tradition that emphasizes the exchange of evidence— discovery—to initiate cases instead. When compared to the allegation exchange required under the modern American plausibility standard, an evidence-based exchange model has significant cost advantages for both the parties and the judicial system. While modern pleading practice attempts to control discovery costs by requiring a higher showing, a realistic assessment of party behavior in the modern pleading regime reveals that plausibility is actually quite expensive, and that limited discovery …

Chapter 4 Of The Federal Arbitration Act: An Empirical Analysis, Tamar Meshel

Cardozo Journal of Conflict Resolution

On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, codified as Chapter 4 of the Federal Arbitration Act (FAA). Chapter 4 is the first time that Congress has restricted the scope of the FAA in 100 years, by rendering invalid and unenforceable, at the election of a plaintiff, pre-dispute arbitration agreements in cases relating to sexual assault or sexual harassment disputes. This Article presents the results of a detailed qualitative and quantitative study of 180 state and federal court decisions interpreting Chapter 4, designed to evaluate its actual impact on …

Boozing And Schmoozing: Do They Improve Negotiations?, Andrea Kupfer Schneider, Michael Moffitt, Adrian Borbély, Mihaela Bonescu, Daniele Fares, Angela Sutan

Cardozo Journal of Conflict Resolution

Negotiators routinely make seemingly minor decisions about the physical environment and social conditions in which negotiations occur, including seating arrangements, room design, and the availability of shared beverages. Yet the extent to which these choices influence negotiation outcomes and relationships remains insufficiently understood. This Article presents an experimental study examining how negotiation settings and beverage availability affect both substantive outcomes and relational dynamics. Using a controlled 3 × 2 experimental design involving 288 participants engaged in simulated buyer-seller negotiations, we examine the effects of wine, coffee, and no beverage across sterile and convivial negotiation environments. The Article explores the implications …

Regulatory Enforcement Post Jarkesy: Arbitration As An Alternative To Administrative Proceedings, Eli Mizrahi

Cardozo Journal of Conflict Resolution

The Note examines the constitutional and practical consequences of Jarkesy, which held that defendants facing SEC civil penalties for securities fraud are entitled to a jury trial under the Seventh Amendment. It considers the limitations of both administrative proceedings and federal court litigation, including concerns about agency bias, restricted discovery, procedural disadvantages for respondents, litigation costs, and delays. Against this background, the Note proposes that FINRA, or another comparable arbitral body, expand its services to offer voluntary arbitration of SEC enforcement actions. Drawing on arbitration’s potential advantages—including speed, lower overall costs, specialized expertise, procedural flexibility, and greater perceived impartiality—the Note …

Reframing Foster Care Permanency Through Multi-Party Arbitration, Jacqueline Kitzes

Cardozo Journal of Conflict Resolution

The foster care system is intended to provide children with temporary, safe living arrangements while working toward permanency through reunification, adoption, or guardianship. Yet adversarial court proceedings, judicial backlogs, limited stakeholder participation, and insufficient judicial expertise in child development can delay permanency decisions and prolong children’s exposure to placement instability. This Note examines the shortcomings of the current judicial framework for resolving foster care cases and argues that multi-party arbitration offers a more efficient and child-centered alternative. Drawing on the historical development of the child welfare system and research concerning placement instability, permanency hearings, and stakeholder participation, the Note considers …

Cultural Appreciation Within Divorce Mediation: Considering Cultural Differences When Mediating Divorces Among South Asian Arranged Couples, Alisha Augustine

Cardozo Journal of Conflict Resolution

Divorce mediation offers an alternative to litigation that can reduce costs, preserve privacy, and encourage cooperative solutions. However, mediators working with South Asian couples in arranged marriages may encounter cultural, familial, and socioeconomic considerations that conventional mediation practices do not adequately address. This Note examines the distinctive challenges that can arise in these divorces, including the social stigma surrounding separation, dowries and marital gifts, immigration and citizenship concerns, extended family involvement, traditional gender roles, child custody, and domestic violence. It distinguishes traditional arranged marriages from modern arranged marriages among South Asian Americans, emphasizing that cultural practices and individual experiences vary …

A Look Inside The Nba’S Game-Changing Technical Foul: The Warner Bros. Discovery And Nba Broadcast Rights Dispute And How It Could Have Been Resolved Through Alternative Dispute Resolution, Nicola Coates

Pepperdine Dispute Resolution Law Journal

Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The …

Table Of Contents & Masthead, Grace E. Brandt

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Cultural Considerations: A Discussion Of Schematic Information Processing In African Plea Bargaining, Emma Joy Mcarthy

Pepperdine Dispute Resolution Law Journal

Plea bargaining is a prominent form of alternative dispute resolution: it is the method of resolution for nearly 98% of criminal convictions in the United States and is growing in popularity worldwide, including across the continent of Africa. In many ways, plea bargaining reflects traditional restorative justice models practiced in Africa prior to the introduction of adversarial and retributive Western practices. This comment discusses schematic information processing, exploring how cultural influences shape the schemas held by members of African nations in contrast to Western ways of thinking. A deep value for community and an emphasis on relationships is at the …

An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers

Pepperdine Dispute Resolution Law Journal

Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the …