Fourteenth Annual International Advocate For Peace Award Honoring Judge Daniel Weinstein,
2015
Benjamin N. Cardozo School of Law
Fourteenth Annual International Advocate For Peace Award Honoring Judge Daniel Weinstein, Matthew Diller, Lela Love, Paula Shulman, David Carden, Daniel Weinstein, Laila Ollapally, Hagit Shaked-Gvili, Sherif Elnegahy, Ihsanullah Khan, Andrew W. Lee, Ximena Bustamante, Farshad Ghodoosi
Cardozo Journal of Conflict Resolution
On March 16, 2015, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to the Honorable Daniel Weinstein (ret.). What follows is a transcription of his public address at the Benjamin N. Cardozo School of Law.
Judicial Conflict Resolution (Jcr): A New Jurisprudence For An Emerging Judicial Practice,
2015
Bar-Ilan University
Judicial Conflict Resolution (Jcr): A New Jurisprudence For An Emerging Judicial Practice, Michal Alberstein
Cardozo Journal of Conflict Resolution
In the past few decades, the role of judges has changed dramatically, yet its nature has remained largely unexplored. To date, most cases settle or reach plea-bargaining, and the greater part of judges' time is spent on managing cases and encouraging parties to reach consensual solutions. Adjudication based on formal rules is a rare phenomenon which judges mostly avoid. This Article argues that the various Conflict Resolution methods, which are used outside the courtroom, as alternatives to adjudication, could have a strong and positive influence, both theoretical and practical, on judicial activities inside the courts. Theoretically, the Article develops a …
Copyright Alert System: Six-Strikes And Forced Arbitration Might Not Be The Answer,
2015
Benjamin N. Cardozo School of Law
Copyright Alert System: Six-Strikes And Forced Arbitration Might Not Be The Answer, Brett Schiff
Cardozo Journal of Conflict Resolution
Ongoing technological advancements are imminent and new forms of media will increasingly be created further broadening one's ability to share both his or her own intellectual property and the intellectual property of others almost instantaneously. Rising piracy and the growing use of peer-to-peer ("P2P") file-sharing resulted in representatives from the Motion Picture Association of America ("MPAA"), the Recording Industry Association of America ("RIAA"), and the nation's five largest Internet Service Providers ("ISPs")-AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon-joining forces. The Copyright Alert System ("CAS"), similar to foreign copyright enforcement graduated response systems, is the privatized, contractual United States graduated …
Welcome To The Jungle, Where The Rent Is Too Damn High: Using Rent Regulation In New York City To Maintain An Affordable Housing Stock,
2015
Benjamin N. Cardozo School of Law
Welcome To The Jungle, Where The Rent Is Too Damn High: Using Rent Regulation In New York City To Maintain An Affordable Housing Stock, Gabrielle Denaro
Cardozo Journal of Conflict Resolution
First, this Note describes and explains the difference between rent control and rent stabilization in New York City. Then, the history of rent control and rent stabilization laws is discussed, followed by an analysis of the arguments of those both for and against the preservation of rent regulation. Further, this Note discusses the issue of gentrification. Finally, this Note proposes an idea for an arbitration forum, and explains the logistics of how it would work and how it could benefit the system overall.
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 17 (2015-16),
2015
Yeshiva University, Cardozo School of Law
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 17 (2015-16)
Cardozo Journal of Conflict Resolution
No abstract provided.
How To Conduct Effective Telephone And E-Mail Negotiations,
2015
George Washington University Law School
How To Conduct Effective Telephone And E-Mail Negotiations, Charles B. Craver
Cardozo Journal of Conflict Resolution
In this article, we will explore the ways in which negotiators use telephone and e-mail exchanges to consummate deals. Which factors should they consider when they talk on the telephone? What issues do cell phones raise that are not associated with traditional landlines? How do e-mail interactions differ from in-person and telephonic dealings? What can individuals do to optimize their use of these bargaining channels?
Jury Glasses: Wearable Technology And Its Role In Crowdsourcing Justice,
2015
Indiana University
Jury Glasses: Wearable Technology And Its Role In Crowdsourcing Justice, Anjanette H. Raymond, Scott J. Shackelford
Cardozo Journal of Conflict Resolution
This Article explores the growing development of wearables and immersive technology within the field of dispute resolution. It provides a hypothetical example of how these existing technologies could be used in combination with data gathering, analytics, and artificial intelligence to transform the justice system. The Article then explores the age-old limitations and biases that exist within the justice system and suggests the use of the newest technology could lessen the impact of these limitations and biases. Finally, the Article suggests a marriage of technology, dispute resolution, and the crowd that may produce outcomes that should be supported by the judiciary …
"Pay-For-Delay" Settlements Post-Actavis: Why Mediation Can Tackle The "Unreasonable" Antitrust Settlements,
2015
Benjamin N. Cardozo School of Law
"Pay-For-Delay" Settlements Post-Actavis: Why Mediation Can Tackle The "Unreasonable" Antitrust Settlements, Sheena Ching
Cardozo Journal of Conflict Resolution
This Note discusses the benefits that mediation can have on the reverse payment settlement and antitrust debate, and how it can satisfy the "rule of reason" requirement post-Actavis. Accordingly, Section II discusses the legislative history and policy of the Hatch-Waxman Act. It elaborates on the pioneer drug development process and how the combination of legislation and the inherent nature of drug development resulted in "pay-for-delay" settlements. Section III discusses majority and dissenting opinions in the landmark Supreme Court case FTC v. Actavis as well as the circuit split decisions that led up to the Court's ultimate ruling and …
Arbitration Agreements In Arkansas After Concepcion,
2015
University of Arkansas Little Rock
Arbitration Agreements In Arkansas After Concepcion, John C. Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Mediation: The Best And Worst Of Times,
2015
Fordham University School of Law
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Faculty Scholarship
At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best and worst of times, the seasons of Light and Darkness. It is the best of times, the season of Light and a time of joy in honoring human connections, as mediation is widely embraced in the public and private sectors. From government agencies and courts to corporations and United Nations peacemaking units, mediation offers a vision of hope in the midst of drowning bureaucracies, clogged dockets, corporate scandals and ethnic …
Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective,
2015
St. Mary’s University School of Law
Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective, Rishi Batra
Faculty Articles
There is a common perception that judges do not or should not play a role in the criminal plea bargaining discussions between prosecutors and defense counsel. However, in many state jurisdictions, judicial participation is allowed or even encouraged by statute or by case law. This Article briefly summarizes some of the issues with the plea bargaining process, including how structural issues with the way defense counsel are appointed and compensated, along with the power of prosecutors, makes good representation for defendants less likely. By then performing a fifty-state survey of rules for judicial participation in plea bargaining, the Article explicates …
A Window Into The Soul Of International Arbitration: Arbitrator Selection, Transparency And Stakeholder Interests,
2015
Penn State Law
A Window Into The Soul Of International Arbitration: Arbitrator Selection, Transparency And Stakeholder Interests, Catherine A. Rogers
Faculty Scholarship
New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture Theatre, University of Auckland Faculty of Law, 26 November 2013. This essay derives from that lecture, which considers the important issue of arbitrator selection, appointment and challenge standards and procedures, and introduces the Arbitrator Intelligence project - a proposed solution for informational asymmetries that can affect the fairness of arbitrator selection and appointment.
Repatriation Of Korean Cultural Property Looted By Japan-Can A Sincere Apology Resolve The Centuries-Old Korea/Japan Disputes?,
2015
Benjamin N. Cardozo School of Law
Repatriation Of Korean Cultural Property Looted By Japan-Can A Sincere Apology Resolve The Centuries-Old Korea/Japan Disputes?, Melissa (Youngjae) Koo
Cardozo Journal of Conflict Resolution
This Note will focus on the disputes between Korea, both North and South Korea, and Japan surrounding Korean cultural property looted by Japan and will explore concrete solutions for resolving such issues through alternative dispute resolution-more specifically, an apology. It will consider two predominant exampies of cultural property looting, which occurred during Japanese invasions of Korea-first, at the end of the sixteenth century and, the second, from 1910 to 1945. Additionally, Japan has frequently been characterized as being a "significant market" for stolen cultural property. It is reported that there are at least 34,157 objects of Korean origin in Japan, …
Involved, Empowered And Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish And American Law And Builds Happy Families,
2015
Benjamin N. Cardozo School of Law
Involved, Empowered And Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish And American Law And Builds Happy Families, Lara Traum
Cardozo Journal of Conflict Resolution
This Note discusses the pitfalls of existing halakhic prenuptial protocols and advances the use of mediation in the prenuptial drafting process. Section II of this Note provides a history of Jewish marital and divorce law, explaining the significance of halakhic legal documents and religious arbitration units. Section III examines the unresolved relationship between Jewish and American systems, discusses the advent of American prenuptial agreements, and highlights the shortcomings of existing prenuptial agreements in the Orthodox Jewish community. Section IV proposes that prenuptial mediation best honors halakha, American law, and individual interests.
Safe And Sound: How Adr Can Protect Aquatic Life And National Security,
2015
Benjamin N. Cardozo School of Law
Safe And Sound: How Adr Can Protect Aquatic Life And National Security, James Diskint
Cardozo Journal of Conflict Resolution
Part I of this Note examines the background of the LFA conflict, introducing the reader to the parties involved in the litigation, the nature of LFA sonar technology, the applicable statutory laws, and the litigation history. Part II outlines ADR procedures and proposes that ECR mediation would serve as an ideal forum for the LFA dispute. ECR involvement would help protect both aquatic life and national security by empowering the parties to collaboratively find creative solutions to complex problems and reach closure from the unending cycle of litigation.
Judging As Judgment: Tying Judicial Education To Adjudication Theory,
2015
University of Missouri School of Law
Judging As Judgment: Tying Judicial Education To Adjudication Theory, Robert G. Bone
Journal of Dispute Resolution
The thesis of this Article, simply stated, is that judicial education makes sense only against the backdrop of general ideas and beliefs about law, courts, and adjudication. These ideas and beliefs motivate a focus on educating judges and help guide more specific pedagogical choices. I explore this broad thesis from both a historical and a normative perspective. Historically, I argue that interest in judicial education caught fire in the 1960s in large part because of prevailing beliefs about law and the proper function of courts. Normatively, I argue that the connection between judicial education and normative views of courts and …
Judicial Bias: The Ongoing Challenge,
2015
University of Missouri School of Law
Judicial Bias: The Ongoing Challenge, Kathleen Mahoney
Journal of Dispute Resolution
This article calls for a renewed commitment to judicial education on the roles that gender, race, class and other biases can have on judicial decisions and impartiality. This article also calls for the appointment of a more representative and diverse judiciary. An explosion of activity occurred for about a decade between the late 1980s until the late 1990s to promote and implement social context education for judges to help judges understand the realities of people most unlike themselves, and to appoint judges to be more representative of the population of Canada. But this trend has diminished to the point that …
Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges,
2015
University of Missouri School of Law
Writing Reasoned Decisions And Opinions: A Guide For Novice, Experienced, And Foreign Judges, S. I. Strong
Journal of Dispute Resolution
Producing well-written reasoned judgments (a term that is used herein to denote both trial court decisions and appellate opinions) is the goal of all members of the bench. Badly written rulings can have significant legal consequences for both the parties, who may incur costs as a result of a need to appeal a poorly worded decision or opinion, and society as a whole, since a poorly drafted precedent may drive the law in an unanticipated and unfortunate direction or lead to increased litigation as individuals attempt to define the parameters of an ambiguous new ruling. As a result, helping judges …
“Throwing The Baby Out With The Bathwater”: Parenting Coordination And Pennsylvania’S Decisions To Eliminate Its Use,
2015
University of Missouri School of Law
“Throwing The Baby Out With The Bathwater”: Parenting Coordination And Pennsylvania’S Decisions To Eliminate Its Use, Sophie B. Mashburn
Journal of Dispute Resolution
Parenting coordination is a relatively new ADR practice utilized by courts to assist in resolving high conflict divorce cases. Though considered controversial by some, it can also serve as an effective tool for divorced parents who struggle with regular co-parenting decisions. Parenting coordination is defined as: A child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists high conflict parents to implement their parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with prior approval of the parties and/or court, making …
Breaking The Impasse: A Two-Pronged Approach For Resolving Sovereign Debt Holdout Disputes,
2015
Benjamin N. Cardozo School of Law
Breaking The Impasse: A Two-Pronged Approach For Resolving Sovereign Debt Holdout Disputes, Alexander Shapos
Cardozo Journal of Conflict Resolution
Sovereign debt holdout disputes implicate billions of dollars. For nearly a decade, one such dispute has led to a de facto embargo on Argentina as well as an inability for investment funds to enforce multibillion-dollar judgments. Thus, it is significantly in the interests of both future sovereign bond issuers and future creditors to preemptively avoid unproductive impasses. But with no existing formal bankruptcy regime, sovereigns are left to litigate, arbitrate, or negotiate their debt disputes. This Note proposes that litigation is an inappropriate remedy to resolve such disputes-and instead, it proposes a two-pronged approach for preventing and resolving disputes. The …
