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Dispute Resolution and Arbitration

Journal

1989

Articles 1 - 30 of 45

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Employee Drug Testing: Federal Courts Are Redefining Individual Rights Of Privacy, Will Labor Arbitrators Follow Suit?, Geoffrey T. Kirk Nov 1989

Employee Drug Testing: Federal Courts Are Redefining Individual Rights Of Privacy, Will Labor Arbitrators Follow Suit?, Geoffrey T. Kirk

University of Miami Law Review

No abstract provided.


Arbitral Treatment Of Subcontracting After Milwaukee Spring Ii: Much Ado About Nothing?, Kenneth M. Kirsner Nov 1989

Arbitral Treatment Of Subcontracting After Milwaukee Spring Ii: Much Ado About Nothing?, Kenneth M. Kirsner

University of Miami Law Review

No abstract provided.


Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher Nov 1989

Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher

University of Miami Law Review

No abstract provided.


Arbitration And Selective Discipline Of Union Officials After Metropolitan Edison, Cathy M. Stutin Nov 1989

Arbitration And Selective Discipline Of Union Officials After Metropolitan Edison, Cathy M. Stutin

University of Miami Law Review

No abstract provided.


Distinguishing Arbitration And Private Settlement In Nlrb Deferral Policy, Michael K. Northrop Nov 1989

Distinguishing Arbitration And Private Settlement In Nlrb Deferral Policy, Michael K. Northrop

University of Miami Law Review

No abstract provided.


Successorship Doctrine, The Courts And Arbitrators: Common Sense Or Dollars And Cents?, Jeffrey M. Landau Nov 1989

Successorship Doctrine, The Courts And Arbitrators: Common Sense Or Dollars And Cents?, Jeffrey M. Landau

University of Miami Law Review

No abstract provided.


Deferral, Waiver, And Arbitration Under The Nlra: From Status To Contract And Back Again, Dennis O. Lynch Nov 1989

Deferral, Waiver, And Arbitration Under The Nlra: From Status To Contract And Back Again, Dennis O. Lynch

University of Miami Law Review

No abstract provided.


Foreword, The Editors Nov 1989

Foreword, The Editors

University of Miami Law Review

No abstract provided.


Essay: Statutory Rights And Arbitral Values: Some Conclusions, Dennis O. Lynch Nov 1989

Essay: Statutory Rights And Arbitral Values: Some Conclusions, Dennis O. Lynch

University of Miami Law Review

No abstract provided.


The Differing Nature Of The Weingarten Right To Union Representation In The Nlrb And Arbitral Forums, Steven J. Silverman Nov 1989

The Differing Nature Of The Weingarten Right To Union Representation In The Nlrb And Arbitral Forums, Steven J. Silverman

University of Miami Law Review

No abstract provided.


A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski Oct 1989

A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski

University of Michigan Journal of Law Reform

The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.


Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot Oct 1989

Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot

University of Michigan Journal of Law Reform

This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states to …


Introduction: Labor Arbitration In Central America, Mark E. Zelek Oct 1989

Introduction: Labor Arbitration In Central America, Mark E. Zelek

University of Miami Inter-American Law Review

No abstract provided.


Labor Arbitration In Costa Rica, Oscar Bejarano Coto Oct 1989

Labor Arbitration In Costa Rica, Oscar Bejarano Coto

University of Miami Inter-American Law Review

No abstract provided.


Costa Rican Labor Arbitration, Ricardo Vargas Hidalgo Oct 1989

Costa Rican Labor Arbitration, Ricardo Vargas Hidalgo

University of Miami Inter-American Law Review

No abstract provided.


Labor Arbitration In El Salvador, José Roberto Garcia Alvarado Oct 1989

Labor Arbitration In El Salvador, José Roberto Garcia Alvarado

University of Miami Inter-American Law Review

No abstract provided.


Brief Reflections On The Practice Of Labor Arbitration In El Salvador, José Roberto Medina Romero Oct 1989

Brief Reflections On The Practice Of Labor Arbitration In El Salvador, José Roberto Medina Romero

University of Miami Inter-American Law Review

No abstract provided.


Settlement Of Labor Disputes In Mexico, Oscar De La Vega Gomez Oct 1989

Settlement Of Labor Disputes In Mexico, Oscar De La Vega Gomez

University of Miami Inter-American Law Review

No abstract provided.


The Law And Practice Of Labor Arbitration In Argentina, Máximo Daniel Monzon, Juan Manuel Salas Oct 1989

The Law And Practice Of Labor Arbitration In Argentina, Máximo Daniel Monzon, Juan Manuel Salas

University of Miami Inter-American Law Review

No abstract provided.


Labor Grievance Arbitration In The United States, Mark E. Zelek Oct 1989

Labor Grievance Arbitration In The United States, Mark E. Zelek

University of Miami Inter-American Law Review

No abstract provided.


An Up-To-Date Review Of Judicial, Legislative, And Regulatory Developments In Arbitration With Financial Institutions, Mahlon M. Frankhauser, Linda M. Gardner Jun 1989

An Up-To-Date Review Of Judicial, Legislative, And Regulatory Developments In Arbitration With Financial Institutions, Mahlon M. Frankhauser, Linda M. Gardner

Washington and Lee Law Review

No abstract provided.


Cincinnati Gas & Electric Co. V. General Electric Co., 854 F.2d 900 (6th Cir. 1988), Cert. Denied Sub Nom. Cincinnati Post V. General Electric Co., 109 S. Ct. 1171 (1989), Susan Tillotson Apr 1989

Cincinnati Gas & Electric Co. V. General Electric Co., 854 F.2d 900 (6th Cir. 1988), Cert. Denied Sub Nom. Cincinnati Post V. General Electric Co., 109 S. Ct. 1171 (1989), Susan Tillotson

Florida State University Law Review

No abstract provided.


The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer Mar 1989

The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer

BYU Law Review

No abstract provided.


The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick Jan 1989

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …


Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton Jan 1989

Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton

Kentucky Law Journal

No abstract provided.


Recent Developments: The Uniform Arbitration Act Jan 1989

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The U.A.A. provides that "[a] written agreement to submit any existing controversy to arbitration . . . is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. "5 Courts and legislatures alike routinely state the policies promoting arbitration. Because most states favor the settlement of disputes through arbitration, there is a tendency for courts to find a valid arbitration agreement


Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton Jan 1989

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Maryland Law Review

No abstract provided.


Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer Jan 1989

Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer

Vanderbilt Journal of Transnational Law

This Note addresses the ocean boundary delimitation conflict between Japan, China, Taiwan, and South Korea in the East China Sea. The author considers international law on boundary delimitation and concludes that the law is unclear on delimitations between states within four hundred nautical miles of one another. The International Court of Justice has held that equity is the norm to be applied to boundary delimitation disputes but it has not resolved the competition between the natural prolongation theory of delimitation and a theory based upon the Exclusive Economic Zone. The geology of the East China Sea brings this issue to …


Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis Jan 1989

Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis

UIC Law Review

No abstract provided.


Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner Jan 1989

Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner

Journal of Dispute Resolution

Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …