ADR and Capital One’s Acquisition of Discover
Cardozo Journal of Conflict Resolution Blog
by Yakov Schwalb
1w ago
By Yakov Schwalb Download Full PDF On February 19th Capital One announced that it was buying Discover for $35.3 billion.[1]  If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer.[2]  However, many have voiced concerns with this deal.  Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law.[3]  Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit ..read more
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Why Greco-Turkish Conflict Needs American Intervention: A Meaningful Mediator
Cardozo Journal of Conflict Resolution Blog
by Lemonia Tzanides
1M ago
By Lemonia Tzanides Download Full PDF Tensions between the Greek and Turkish governments have soared over territorial claims in the Aegean, chiefly concerning the delimitation of territorial waters.  The conflict arose on January 20th, 2021, when the Greek parliament nearly unanimously passed a law extending the breadth of Greece’s territorial waters in the Aegean Sea towards Turkey.[1]  While bilateral treaties exist between Turkey and Libya and between Greece and Egypt, each regulating the maritime zones of the contracting states, no such agreement exists between Gre ..read more
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Mediation Between States and Criminal Defendants for Post-Conviction Relief Under State DNA Statutes
Cardozo Journal of Conflict Resolution Blog
by Nowshin Nawal
1M ago
By Nowshin Nawal Download Full PDF With new advances in DNA technology, it has become easier to use DNA testing to find perpetrators of crime where DNA evidence is present.[1]  Many incarcerated individuals claiming innocence seek to have the evidence tested during post-conviction in light of new technology.[2]  Forty-seven states now have DNA statutes that allow testing during the post-conviction stage.[3]  A new problem arises because state prosecutors are often reluctant to agree to DNA testing,[4] which leaves litigation as the remaining method—which is inefficient.[5]  ..read more
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From Conflict to Resolution: The Advantages of Mediation in Estate Planning
Cardozo Journal of Conflict Resolution Blog
by Sarah Natanov
1M ago
By Sarah Natanov Download Full PDF Estate planning involves advanced planning for managing and distributing one’s assets following their passing.[1]  It entails identifying inheritors among individuals or entities and establishing measures to ensure the seamless execution of these wishes, aiming to minimize future complications.[2]  Estate planning documents often used to distribute assets after one’s passing are wills, trusts, and other legal documents.[3]  While these documents may serve as a roadmap for asset distribution, they may not invariably preclude disputes or conflict ..read more
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Dissociative Identity Disorder and Mediation: Exploring Legal Capacity
Cardozo Journal of Conflict Resolution Blog
by Bayla Zohn
1M ago
By Bayla Zohn Download Full PDF Dissociative Identity Disorder (“DID”) is a mental disorder where the affected individual has two or more distinct personalities.[1] As a protection strategy against severe, persistent abuse and trauma, DID develops in childhood and lasts the entirety of the person's life.[2] A crucial aspect of DID is "dissociation," which is defined as a defense mechanism in which threatening ideas and feelings are separated from the rest of the psyche and conflicted impulses are kept apart.[3] Dissociation refers to the disconnection from one’s environment, emotions, memories ..read more
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The Supreme Court has Granted Review for Arbitration Stays in Employment Cases: Smith v. Spizzirri.
Cardozo Journal of Conflict Resolution Blog
by Sarah Cole
1M ago
By Sarah Cole Download Full PDF The Supreme Court has granted review to address a circuit split on whether cases should be paused or thrown out after they are moved to arbitration.[1]  The courts are split six to four, four allowing lawsuits to be dismissed when underlying allegations must go through mandatory arbitration.[2]  The case is from the Ninth Circuit, on the allowance side of the split, Smith v. Spizzirri, with the petition granted 1/12/24.[3]  It addresses the language in a section of the Federal Arbitration Act (“FAA”).[4]  The section of the Act under review s ..read more
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The American Arbitration Association’s AI Integration Efforts for Alternative Dispute Resolution
Cardozo Journal of Conflict Resolution Blog
by Ronnie Cattier
1M ago
By Ronnie Cattier Download Full PDF The American Arbitration Association (“AAA”) has joined a long line of various organizations that are looking to make use of, and integrate artificial intelligence (“AI”) into their processes.[1]  The AAA has launched innovation programs that are lending support to the idea of AI integration into arbitration, mediation, and other Alternative Dispute Resolution (“ADR”) methods.[2]  These programs are looking at creating the right structure and guidelines for AI usages.[3]  This is two-fold: on the one hand, the AAA has been building its own sol ..read more
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The Consequences of NBA Commissioner Adam Silver Arbitrating the Dispute Between the New York Knicks and the Toronto Raptors
Cardozo Journal of Conflict Resolution Blog
by Jane Perov
1M ago
By Jane Perov Download Full PDF Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired.[1]  They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.”[2]  Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against ..read more
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Navigating Divorce After Domestic Violence: The Benefits of ADR
Cardozo Journal of Conflict Resolution Blog
by Anna Glasgow
1M ago
By Anna Glasgow Download Full PDF Navigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating.  Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety.[1]  It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence.[2] It can be very hard for individuals who are victims of domestic abuse to wa ..read more
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How ADR Can Combat the Rise in Antisemitism and Islamophobia on College Campuses
Cardozo Journal of Conflict Resolution Blog
by Cynthia Spitzer
2M ago
By Cynthia Spitzer Download Full PDF Since the October 7, 2023 massacre in Israel by the terrorist organization Hamas, there has been ongoing strife and protests throughout the world.  Such turmoil notably coincides with a rise in hate crimes, antisemitism, and islamophobia, noticed not only on the streets of the United States, thousands of miles away from Israel, but also in the microcosm of college campuses. Although freedom of speech is protected under the U.S. Constitution, schools must also ensure students feel safe on campuses.  The Department of Education sent a letter “remind ..read more
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