CJCR Publishes Volume 23, Issue 1 (Spring 2022)
First of three issues to be published in 2022 is now available online; print edition to be released March 9.
Top row, left to right: Mitch Zamoff, Leslie Bellwood, Oladeji M. Tiamiyu
Middle row, left to right: Roselle L. Wissler, Art Hinshaw
Bottom row, left to right: Samuel Ditchek, Lindsy Maglich, Karina Nad
The 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 23, Issue 1 (Spring 2022). The print edition of the issue is set to be released on March 9.
Accessible at https://www.cardozojcr.com/volume-231-spring-2022, this issue launches Volume 23 of the Journal with articles by Mitch Zamoff & Leslie Bellwood, Oladeji M. Tiamiyu, and Roselle L. Wissler & Art Hinshaw, as well as Notes by Samuel Ditchek, Lindsy Maglich, and Karina Nad. A PDF version of the full issue can be downloaded by clicking here.
Mitch Zamoff is a Clinical Professor of Law and the Litigation Program Director at University of Minnesota Law School. He is also an arbitrator. Leslie Bellwood is a 3L student at University of Minnesota Law School. Their article, “Proposed Guidelines for Arbitral Disclosure of Social Media Activity,” discusses the need for arbitrators to disclose their social media activity to disputants—prior to the start of an arbitration proceeding—and then detail any conflicts of interests that may exist. The article also proposes a set of Guidelines for Social Media Disclosures, for wide adoption by the industry.
Oladeji M. Tiamiyu is a licensed attorney, a Clinical Fellow at Harvard Law School, and the host of Convergence, a podcast exploring the intersection of technology and dispute resolution. His article, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field,” discusses online dispute resolution (“ODR”) and its impact on the industry, and further explores the benefits and trade-offs of the three main branches of ODR: Artificial Intelligence ODR (“AI ODR”), Blockchain ODR, and Facilitative ODR. The article also examines the history of ODR, as well as various ethical issues that may arise.
Roselle L. Wissler is the Research Director for the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law at Arizona State University. Art Hinshaw is the John J. Bouma Fellow in Alternative Dispute Resolution, a Clinical Professor of Law, and the Founding Director of the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law at Arizona State University. Their article, “What Happens Before the First Mediation Session? An Empirical Study of Pre-Session Communications,” presents the findings of an extensive study that examined the early stages of mediation. Particularly, the study scrutinized and reported on pre-session communications between the mediator and the mediation participants, as well as party submissions of case information and documents to the mediator.
Samuel Ditchek is a 3L student at Cardozo School of Law and serves as Editor-in-Chief for Volume 23 of the Cardozo Journal of Conflict Resolution. Last year, Samuel served as a Staff Editor for Volume 22 of the Journal. His Note, “The Need for Adopting Mass Arbitration Waivers in the Online Sports Betting Industry,” focuses on two sports gambling companies, FanDuel and DraftKings, and explains why it is vital that these companies replace the binding arbitration clauses that are currently in their respective Terms of Use agreements with mass arbitration waivers. The Note also broadly discusses the online sports gambling industry, as well as the impact of the application of mass arbitration actions in the industry.
Lindsy Maglich is a 3L student at Cardozo School of Law and serves as Managing Editor for Volume 23 of the Cardozo Journal of Conflict Resolution. Last year, Lindsy served as a Staff Editor for Volume 22 of the Journal. Her Note, “Hook, Line, and Sinker: The Use of Subsidies, the Globalized System of Preferences, and Arbitration to Save Our Ocean’s Fish,” dives into an analysis of the overfishing crisis and discusses the steps currently being taken by the United Nations and the World Trade Organization to fight this crisis. The Note also details an extensive plan to reform fisheries subsidies and promote sustainable fishing practices.
Karina Nad is a 3L student at Cardozo School of Law and serves as Senior Notes Editor for Volume 23 of the Cardozo Journal of Conflict Resolution. Last year, Karina served as a Staff Editor for Volume 22 of the Journal. Her Note, “Ransomware Warfare: Exploring Global and Private Negotiations to Help U.S. Victims Respond to the Threat,” addresses the growing worldwide ransomware epidemic by examining the numerous deficiencies in the Computer Fraud and Abuse Act (“CFAA”). The Note further explores international and domestic solutions to provide long-term and immediate resolutions to ransomware victims, and also details the various ADR options that may be available to ransomware victims under attack.
The Executive Board of the Journal would like to extend its deepest gratitude to each and every Staff Editor and Editorial Board member who worked so diligently on editing the articles and Notes for this issue.
