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Full-Text Articles in Law
Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman
Arbitrator Liability: Reconciling Arbitration And Mandatory Rules, Andrew T. Guzman
Duke Law Journal
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and the widespread use of arbitration. In recent years, U. S. courts have expanded the range of enforceable arbitration agreements to include agreements that cover areas of law previously thought to be within the exclusive domain of courts. Among the disputes that are now deemed arbitrable are those that implicate mandatory rules such as securities and antitrust laws. Under current law, the willingness of courts to enforce arbitration agreements and to uphold the resulting arbitral awards with minimal judicial review makes it possible for the parties …
Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan
Toward A Theory Of “Just Cause” In Employee Discipline Cases, Roger I. Abrams, Dennis R. Nolan
Duke Law Journal
Although almost every collective bargaining agreement permits the employer to discipline an employee for "just cause," the concept of just cause is not well understood. Rather than leading to fair and consistent resolutions of disciplinary disputes, the concept, as applied in arbitration proceedings, has led to inconsistent results that fail to serve the interests of either management or labor. This article develops a systematic theory of just cause in employee discipline cases by exploring the fundamental understanding of the employment relationship and the effect of the collective bargaining agreement on the fundamental understanding. It presents a model of just cause, …