Dispute Resolution and Arbitration Commons^™

Not Enough Of A Good Thing: Unleashing The Full Power Of Mediation Globally, Giuseppe De Palo, Mary B. Trevor

Cardozo Journal of Conflict Resolution

No abstract provided.

Having Fun Is Not As Hard When You Have An Arbitration Clause: The Current Benefits And Possible Changes To The Arbitration Agreements Of Amusement Parks And Recreational Resorts For Consumers, Cynthia Spitzer

Cardozo Journal of Conflict Resolution

This Note will evaluate options that are more favorable for consumers to bring their injury claims against amusement parks and recreational resorts when the route for resolution is limited by an agreement. For instance, the option of an arbitration agreement would be more preferable when faced with only the option of a liability waiver. However, with possible future changes of consumer contracts from the FAIR Act, opt-in provision, or mandatory arbitration imposed on the corporations, the route for resolution can drastically change and improve the realm of possibility for consumers of amusement parks and recreational resorts.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Design Matters: Modernizing The Federal Arbitration Act To Safeguard Party Autonomy, Sarah R. Cole

Cardozo Journal of Conflict Resolution

Arbitration is a creature of contract. And it is basic arbitration law that arbitrators must respect contracting parties’ intent. The Federal Arbitration Act’s 100th anniversary offers an ideal moment to reaffirm this principle: arbitrators resolving commercial disputes should honor parties’ intent while preserving arbitration’s core values: efficiency, finality, and autonomy. Unfortunately, routine judicial deference to arbitration decisions often undermines parties’ intent as expressed through party design of the arbitration process. In response to this issue, this Article proposes amending the Federal Arbitration Act (FAA) to empower courts to safeguard two common arbitral party directives: limits on arbitrators’ remedial authority and …

"Arbitration In Name Only": A Race Claims Mismatch, Michael Z. Green

Cardozo Journal of Conflict Resolution

With arbitration’s meteoric rise as a tool in resolving statutory employment discrimination matters beginning in the 1990s, concerns about lack of employee bargaining power received little consideration when raised in court challenges to the enforcement of employer-mandated agreements to arbitrate those claims. Only in rare circumstances, when an employer appeared to go to extremes in using its overwhelming bargaining power to implement an arbitration process so clearly unfair would a court find the agreement created an unfair “arbitration in name only” that should not be enforced.

Employers have become savvier in how they require employees to agree to resolve discrimination …

Defining Arbitration, Jill I. Gross

Cardozo Journal of Conflict Resolution

The Federal Arbitration Act (FAA) does not define the term “arbitration,” the very process the one-hundred-year-old statute was enacted to promote. The absence of a definition has led to courts’ inconsistent and unpredictable application of the FAA’s regulatory benefits to agreements to resolve disputes in processes other than traditional, binding arbitration, such as appraisal, evaluation, and mediation. Additionally, with no clear definition as guidance, companies have inserted arbitration clauses into adhesive consumer and employment agreements that require “arbitration” of disputes but designate a process lacking hallmarks of due process. The Supreme Court even justified enforcing class action waivers in arbitration …

A Comparative Study Of The U.S. And Foreign Tipping Culture And How Collective Bargaining Can Eliminate Mandatory Tipping In The U.S., Matthew Zelman

Cardozo Journal of Conflict Resolution

Tipping culture in the United States has gotten out of hand, but its roots go very deep. Tipping has been a part of the culture in the United States since the early 1800s, when tips were given to pirates and porters. Today, the share of workers who rely on tips as part of their wages is extraordinary, with sixty percent of service workers stating that they rely on tips for over 30 percent of their income. Many restaurants incorporate mandatory tips on customers’ bills, which has changed tipping from being voluntary.

This Note will propose that “tipped employees” across different …

Breaking The Chain: How An Alternate Dispute Resolution Process Can Be Used In The Criminal Justice System For First-Time Non-Violent Criminal Offenders, Leora Perlstein

Cardozo Journal of Conflict Resolution

The criminal justice system is deeply rooted in our history. There are traditional views on how it should be run and conducted. “Founded on the concept that crimes against an individual are crimes against the state, our justice system prosecutes individuals as though they victimized all of society.” Traditionally, when individuals commit a crime, they go through the process of receiving a ticket—or if they commit a particular violent crime they will be immediately arrested—and then they go through the process of appearing in court for an arraignment in which they are “read the charges against [them]” and are either …

Designing A Victims’ Compensation System Amidst California’S Insurance Crisis: The Aftermath Of The 2025 Los Angeles Wildfires, Federica Simonelli

Cardozo Journal of Conflict Resolution

This Commentary will explore critical aspects necessary for creating victims’ compensation mechanisms capable of handling claims stemming from the 2025 Los Angeles wildfires from a theoretical perspective. Drawing from the successful examples of the 2020 PG&E Fire Victim Trust, the 2023 Maui Wildfires compensation schemes, and other forms of dispute resolution (such as mediation), this Commentary will demonstrate that the challenging fallouts of environmental disasters pose increased challenges and necessitate unique dispute system design to better respond to the need for fair and equitable solutions. These systems increasingly rely on settlement funds tailored to claimants’ specific needs and have proven …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment, Hannah Pérez

Cardozo International & Comparative Law Review

The note examines the evolution of U.S. regulations on outbound foreign investments, particularly under Executive Order 14105, known as "Reverse CFIUS," aimed at mitigating national security risks by restricting investments in critical industries in countries like China. It explores the legal, economic, and geopolitical implications of these regulations and compares them with similar measures in the EU, Japan, and Australia, emphasizing the need for international cooperation to effectively address these security concerns.

Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert

Cardozo Arts & Entertainment Law Journal

The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.

Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban

Cardozo Journal of Conflict Resolution

This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …

Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions, Adam Gaudet

Cardozo Journal of Conflict Resolution

This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses …

How To Beat The Nfl’S Best Defense: Attacking The Mass Arbitration Phenomenon With Class Arbitration, Thomas Riley

Cardozo Journal of Conflict Resolution

During his seventeen-year tenure as Commissioner of the National Football League (NFL), Roger Goodell never testified at trial. However, that changed when a class of plaintiffs sued the NFL for antitrust violations, alleging the League artificially inflated the cost of its viewership package—NFL Sunday Ticket—and thereby harmed consumers. NFL Sunday Ticket is described as a “premium sports package” that allows fans to watch out-of-market games they otherwise would not be able to view in their current market. This David and Goliath moment was a chance to discipline the pricing of one of the most popular television products in the United …

Closed Doors To Justice: How The Copyright Claims Board Is Shutting Out Pro Se Litigants, Melissa Eckhause

Cardozo Arts & Entertainment Law Journal

The Copyright Claims Board (CCB), established under the Copyright Alternative in Small-Claims Enforcement Act of 2020, was intended to provide an accessible forum for resolving small-value copyright disputes, particularly for pro se parties. However, the CCB has failed to fulfill this promise, with nearly 90% of pro se claims being dismissed without resolution on the merits. The CCB's strict compliance requirements and failure to liberally construe pro se claims have created a system more burdensome than federal court, contrary to Congress' intent. The article proposes reforms to align the CCB's practices with its original purpose of accessibility and simplicity for …

Life After Employee-Status In College Sports, Marc Edelman, John T. Holden, Michael A. Mccann

Fordham Law Review

National Collegiate Athletic Association; NCAA; college sports; intercollegiate sports; college athletes; college-athlete employee; amateurism; worker; employee; employment status; collective bargaining; single-employer bargaining units; Multiemployer Bargaining Units; Joint Employer Bargaining Units; antitrust

Through The Looking Glass: We All See Ideational Objects Here, J.G. Allen

Research Collection Yong Pung How School Of Law

In this chapter, I explore the property law treatment of cryptoassets—and, presumably, other digital artefacts that are not clearly rights to anything or against anyone. I argue that such artefacts are well described as “ideational objects” and draw together insights from private law theory and social ontology to explore how we should think about complex objects with a social and a technical dimension. I then examine how the law of property can accommodate ideational objects as objects of property rights (including the right of ownership) and dealing such as transfer, and what challenges and implications this poses for the traditional …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …