Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
The Law Of Arbitration, Theodore J. St. Antoine
The Law Of Arbitration, Theodore J. St. Antoine
Book Chapters
The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …
The Role Of Law, Theodore J. St. Antoine
The Role Of Law, Theodore J. St. Antoine
Book Chapters
In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …