LARC Cardoso Law (Yeshida Univ)
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CJCR Publishes Volume 25, Issue 3 (Summer 2024)
No full textThe Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.
Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024
How ADR Can be Implemented as a Useful Tool with Contract Disputes Between Agents and their Clientele
No full textThe entertainment, sports, and arts industry is a fast-paced and profitable field that draws in a wide range of stakeholders, such as producers, artists, labels, and agents. Contracts play a vital role in safeguarding the interests of all parties in the entertainment industry; they clarify the terms of agreement, protect intellectual property rights, and offer a framework for resolving disputes. Although the idea behind contracts sounds positive and secure for a client, there are darker portrayals of the arts and entertainment industries— or, for example, a record company— which may try to stifle a young artist’s creativity through deception in a record contract, subjecting them to a life they did not want. In this context, many young artists, often desperate to secure a record deal, will agree to almost anything, feeling reluctant to walk away from negotiations until they have signed a deal that ensures their dreams of becoming famous come true. That kind of eagerness, without the right kind of support from an agent, can lead to unfavorable terms that compromise the artist’s creative control and financial well-being. In 1963, The Beatles’ founded their company and were looking for a publisher to help with debuting their album. The band ended up selling their rights to their music to ATV Music. The Beatles were new to the artistic world, but years later Paul McCartney filed a lawsuit to claim the rights of his music back. Their story reflects the classic tale of the powerless artist who comes into a big industry with high dreams and too much trust and allows a company to capitalize on the artist’s lack of knowledge, exploiting them for big money.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on December 1, 2024
Quantifying and Measuring the Use of ADR Methods in International Cultural Property Disputes
No full textThe use of alternative dispute resolution mechanisms to retrieve illegally acquired cultural artifacts, looted colonial-era art, and other cultural property obtained through dubious means has increased. Alternative Dispute Resolution methods such as negotiation, mediation, and arbitration have been used to resolve international cultural property disputes. International institutions have made efforts to facilitate the return of cultural property. The United Nations Educational, Cultural, and Scientific Organization (UNESCO) established the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation (ICPRCP) in 1978. Additionally, UNESCO adopted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of the Ownership of Cultural Property in 1970.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 24, 2024
It Takes a Special Person to Raise a Special Needs Child: How New York\u27s Existing Family Regulation Systems Are Not Equipped for Children with Autism
No full textThe note argues that New York\u27s current family regulation systems, including the Family Court Act (FCA) and the Administration for Children’s Services (ACS), are inadequately equipped to protect children with autism in foster care. These systems fail to address the unique needs of autistic children, leading to increased vulnerability to abuse, neglect, and prolonged stays in foster care. The note proposes reforms to improve monitoring, education, and resource accessibility to better safeguard these children
Unconscionability & Involuntary Arbitration Agreements: The Systemic Exploitation of Immigrant Labor in the United States
No full textThe note examines the inadequacy of the doctrine of unconscionability in protecting immigrant workers from exploitation through unfair contracts and arbitration agreements. It advocates for legal reforms, including the regulation of arbitration agreements and the recognition of unconscionability as a tort, to address these issues
Reducing the American National Debt by Negotiating New Tax Practices on Internal Revenue Code Sec. 501(c) Organizations
Get PDFSAILS Symposium Launch on International Law Scholarship: What We Write, Where We Publish, and Why it Matters
No full textPredetermined Event Wagering and Betting on the Past
Get PDFThe newfound freedom of states to legalize sports betting following the demise of the Professional and Amateur Sports Protection Act in 2018 has led to rapid growth of the sports betting market. In an attempt to further capitalize on the appetite for sports wagering, states and sportsbooks have recently started to expand their offerings by opening betting lines on entertainment award shows. This move, paired with WWE’s recent interest in entering the market, has raised concerns that predetermined events are particularly vulnerable to event manipulation and betting using insider information. This Note argues that the current state regulatory schemes are insufficient to safeguard the integrity of these predetermined events. By examining the history of sports betting legislation and analyzing the distinct ways in which integrity concerns manifest in predetermined event wagering compared to traditional sports betting, this Note will identify the gaps that exist in current regulatory schemes. This Note will then propose four regulations for states to adopt if they are to consider approving wagering on predetermined events