Dispute Resolution and Arbitration Commons^™

A Solution To The Silencing And Denial: How Adr Can Harmonize Catholic Law With The International Communities Demand To End The Sexual Victimization Of Children In The Catholic Church, Danielle Shayne Shapero

Cardozo Journal of Conflict Resolution

The causal connection between clericalism and sexual abuse is evident, "namely the tendency of the hierarchy to protect priests, the tendency to cover reports in deep secrecy and the massive denial about the seriousness of the problem.'' In order to truly combat the global crisis of child abuse permeating the religious order, alternative dispute resolution strategies between the Holy See and the global community should be considered as a means of promulgating new ecclesiastical laws for the successful management of institutionalized sexual misconduct. In Part II, this Note will discuss the history of exposure leading to the public's knowledge and …

Beeware Of The Consequences: The Importance Of Urban Apiaries And Environmental Adr, Chelsea Gallay

Cardozo Journal of Conflict Resolution

Part I of this note will discuss urban agriculture and the rise of urban beekeeping; Part II will outline the role urban apiaries are playing in today's society; Part III will explore the disputes that arise between urban community members and beekeepers; and lastly, Part IV will discuss how to use environmental dispute resolution techniques, such. as mediation and negotiation, to solve environmental conflicts between urban apiarists and local community members.

Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

Cardozo Journal of Conflict Resolution

This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …

When The Rich Regret: The Case Of Non-Payment In Art Auction Sales, Allison Trupp

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to this Note. Part II of the Note will examine the history of auction and the shift that has occurred in the market that has led to the non-payment problem that has become rampant. It also looks at the issue abroad and differences in buying culture in countries such as China. This Note will then delve into many of the recent cases that have arisen due to nonpayment problems. Part III will discuss the problem in more detail and look at the status of the art auction processes, what is already in place, and …

The Role Of Transformative Mediation In Family Business Disputes, Jacob Lebovics

Cardozo Journal of Conflict Resolution

In Part II, this note will attempt to lay out the benefits and detriments of approaching family business disputes through litigation, alternative dispute resolution, and various methods of mediation, with a goal of explaining how transformative mediation relates to other approaches of resolving conflict. Part IHl will discuss the unique issues that apply to family business conflicts and how concepts from other disciplines of study can be utilized to help best achieve the goals of a family business. Part IV will propose how transformative mediation is well suited to address these conflicts and what form of transformative mediation would reach …

Arbitration As The Ideal Method Of Labor Law Dispute Resolution: A Case Study Using 14 Penn Plaza Llc, Et Al. V. Steven Pyett, Et Al., Douglas Shribman

Cardozo Journal of Conflict Resolution

No abstract provided.

Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii

Journal of Dispute Resolution

No abstract provided.

Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple

Journal of Dispute Resolution

No abstract provided.

Reducing The Impact Of Racial Discrimination In Policing, Brittain Mcclurg

Journal of Dispute Resolution

No abstract provided.

Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …

Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.

Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti

Articles, Book Chapters, & Popular Press

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a …

“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley

Department of Conflict Resolution Studies Theses and Dissertations

Advocates of restorative and transitional justice practice have long drawn from practices of indigenous peoples to form the basis for more sustainable, relational, participatory, community-based approaches to conflict resolution. With the resurgence in Kazakh nationalism since the Republic of Kazakhstan independence, repatriated diasporic Kazakhs, who through cultural survival in diaspora retain more of their ethno-cultural characteristics, influence a revival of Kazakh language and culture. The purpose of this study was to understand the indigenous informal restorative conflict resolution practices of the Kazakh people. The questions that drove this study were: What indigenous informal forms of dispute resolution have been in …

Youth’S Conceptualization Of Peace, Violence, And Bullying And The Strategies They Employ To Address The Violence And Bullying In Their Lives, Charles H. Goesel

Department of Conflict Resolution Studies Theses and Dissertations

This dissertation allowed the researcher to analyze 171 pieces of youth-created artwork and narratives by children aged six to nine who took part in the peace education, mentorship, and literacy program, READING PEACE PALS, implemented with an underserved population at a Boys and Girls Club in the U.S. Qualitative content analysis (Krippendorf, 1980; 2004) was used to analyze the artwork and narratives to gain insight into children’s conceptualization of peace, violence, and bullying and their strategies for addressing bullying and violence.

The findings uncovered the myriad of unique ways youth conceptualize and define peace and the strategies they employ to …

Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, Nicole L. Davis

Department of Conflict Resolution Studies Theses and Dissertations

The following research was a biographical narrative that examined the lived experiences of male and female church leaders and their perspectives on the social, moral, and religious implications of female church leadership. The purpose of this research was to explore the ideologies and identities of women leaders within the faith ministry, the definitions of ministry and leadership, the role of women in church ministry, and their understanding of marketplace ministry. I employed conflict resolution theories relating to power, change, and mental modeling as the basis of analysis for evaluating the impact of church policies and practices on the utilization of …

The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware

Journal of Dispute Resolution

No abstract provided.