Dispute Resolution and Arbitration Commons^™

Kukin Program For Conflict Resolution Spring 2025 Events, Kukin Program For Conflict Resolution

2025 Event Invitations

Kukin Program for Conflict Resolution Spring 2025 Events:

• A Conversation with Gretchen Carlson & Julie Roginsky, Thursday, March 27 at 12:40 p.m.
• Book Talk with Sarah Staszak, Tuesday, April 1 at 4:00 p.m.
• Trauma-Transformed Law: The Why and How of Trauma-Informed Care (TIC) Practice, Wednesday, April 2 at 12:40 p.m.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Navigating Harassment And Discrimination At University Of California Through Uaw 4811'S Abusive Conduct Contract Provisions, Sarah Arveson, Emily Weintraut

Journal of Collective Bargaining in the Academy

The Respectful Work Environment (RWE) provisions in the recent University of California labor agreements with graduate students and postdocs have proven useful in addressing harassment and discrimination in new and perhaps more effective ways than either previous contract provisions or university policies and procedures. The authors describe how the new RWE provisions work and provide several illustrative case studies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

Blake Lively And Justin Baldoni Dispute: It Ends With Arbitration?, Alisha Augustine

Cardozo Journal of Conflict Resolution (CJCR) Blog

The film adaptation of the best-selling novel, “It Ends With Us” depicts a tale of a seemingly romantic relationship turned abusive and how a woman grows beyond her experience with domestic abuse. The film and novel tell the story of Lilly, Blake Lively’s character, falling in love with Ryle, Justin Baldoni’s character, and how their relationship evolves for the worse. Despite the important message that the movie should be known for, it has now been caught in the cross-fire in the impending case between co-stars Blake Lively and Justin Baldoni. In December 2024, Lively filed a complaint against Baldoni claiming …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

No News (Read: Successful Lawsuits Against Mediators) Is Good News?, Michael Moffitt

Texas A&M Law Review

Mediators are busy doing important work—and mediators are human and sometimes make mistakes. Without losing sight of the important work mediators do every day within our justice system, this Article offers three observations about the fact that mediators are fallible. It concludes with some normative considerations about how we might think about each of the three observations.

First, I summarize research spanning more than two decades of litigation involving mediators. I provide a new taxonomy, derived from actual lawsuits, describing the bases upon which former disputants have complained about their mediators. I suggest that there are examples of at least …

Seeking The Cayuse Five: Imagining Reparations And Reconciliation In Oregon, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Michael Moffitt, Roberta Conner

2025 Event Invitations

In the mid-1840s, American settlers flocked westward on the Oregon Trail, unknowingly bringing with them measles and other foreign diseases to which the Cayuse peoples along the trail had no immunity. Hundreds of Cayuse children were brought to Narcissa and Marcus Whitman at the Whitman Mission for treatment, but ultimately these children could not be saved. In 1847, members of the Cayuse Tribe, acting under Cayuse law to dispose of false doctors (medicine men, or tewat), participated in an attack on the Presbyterian Whitman Mission in Walla Walla Washington, killing the Whitmans and eleven others. After a two-year pursuit, the …

Final-Offer Arbitration In Major League Baseball: An Effective Dispute Resolution Process, Jeremy Ahdoot

Cardozo Journal of Conflict Resolution (CJCR) Blog

Final-offer arbitration, commonly referred to as “baseball arbitration,” is a process where one or more arbitrators will settle an issue by selecting one of the final offers proposed by disputants. In the 1973-1974 offseason, Major League Baseball (MLB) introduced final-offer arbitration as a mechanism to handle salary disputes between professional baseball players and their teams. To be eligible for salary arbitration, players must have more than three, but less than six, years of service time. One year of service time is completed when a player spends 172 days on a team’s 26-man roster or MLB’s injured list in a given …

A Shelter From Litigation: How Mediation Helped Preserve The Core Of New York City’S Right To Shelter, Jared J. Jackson

Cardozo Journal of Conflict Resolution (CJCR) Blog

In 1979, a class action lawsuit was brought against New York City by a coalition of homeless individuals. After almost two years of negotiations, the parties of this suit, called Callahan v. Carey, entered into a consent decree, which provided that the City and State of New York would “provide shelter and board to all homeless men who met the need standard for welfare or who were homeless ‘by reason of physical, mental, or social dysfunction.’”

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

Good Language For Dispute Resolution Bots And Humanoids, John Lande

Faculty Publications

In developing the AI tool, the RPS Negotiation and Mediation Coach, I had to give it strict instructions to use certain terms and avoid others so that it doesn’t use lots of problematic dispute resolution jargon on the internet. This short article lists those terms.

The article points out that, just like bots, humanoids need to be trained. It is especially important to teach good dispute resolution language to law professor, law student, and practitioner units. Many of these humanoids are stuck on defective codings such as “facilitative” and “evaluative” mediation, which are like contagious malware. Humanoids generally can “learn” …

The Artificially Intelligent Rps Negotiation And Mediation Coach, John Lande

Faculty Publications

This document describes the artificially intelligent RPS Negotiation and Mediation Coach (“RPS Coach”) tool, which is an outgrowth of the Real Practice Systems (RPS) Project. It is designed to help many different users perform numerous tasks including (1) attorneys anticipating challenges, strategizing, and representing clients, (2) mediators enhancing preparation, communication, and decision-making, (3) disputing parties making better decisions, (4) ADR program administrators developing clear rules, policies, and materials, (5) educators and trainers teaching practical theory and skills, and (6) students and trainees learning practical theory and skills.

RPS theory and practice is designed to help attorneys and mediators help their …

A Practical Guide For Using The Rps Negotiation And Mediation Coach, John Lande

Faculty Publications

This two-page guide introduces the RPS Negotiation and Mediation Coach, an AI-powered tool grounded in Real Practice Systems (RPS) theory. It explains who can use RPS Coach, how it supports good decision-making, and the range of tasks it can perform. It is designed for attorneys, mediators, parties, ADR program administrators, educators, and students to improve the quality of dispute resolution practice, program design, and legal education. Practitioners and parties can use it to prepare for, participate in, and reflect on negotiation and mediation. Faculty can use it to develop syllabi, assignments, and simulations. Users can explore ideas, generate drafts, and …