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Full-Text Articles in Law

The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger Abrams, Dennis Nolan Sep 1986

The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger Abrams, Dennis Nolan

Roger I. Abrams

Labor arbitrators work as solo practitioners, appointed to hear grievance disputes that arise under collective bargaining agreements. One significant problem that arises is the available of experienced arbitrators to hear disputes expeditiously. In this article, Dean Abrams and Professor Nolan suggest an alternative form for the delivery of arbitration services through use of an arbitration firm that would address the issue of delay. A number of experienced arbitrators would join together in a partnership. Parties seeking arbitration services would contract with the firm, and arbitrators would be assigned to hear cases based on their availability.


Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law ...


Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler Jan 1986

Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler

Journal of Dispute Resolution

The primary purpose of an arbitration award is, of course, to resolve the issues submitted to the arbitrator for determination. However, awards also serve a number of other purposes, namely, to facilitate the selection of arbitrators, to assist researchers in evaluating trends in arbitration, to educate prospective arbitrators, and to help the parties in the preparation of their cases and briefs.


Federal Arbitration Act Comparison Jan 1986

Federal Arbitration Act Comparison

Journal of Dispute Resolution

The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied by state courts.' Although the FAA clearly preempts state law on the enforceability of arbitration clauses, 6 state procedural rules may still apply in enforcing arbitration agreements.' Since the extent of preemption remains to be determined, it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA. Accordingly, a comparison of the FAA with selected state arbitration statutes will lend practitioners some guidance in determining the applicable law.


Uniform Arbitration Act, The Jan 1986

Uniform Arbitration Act, The

Journal of Dispute Resolution

In 1955, the Uniform Arbitration Act (UAA) was proposed by the National Conference of Commissioners on Uniform State Laws.' Since that time, well over half of the states have adopted statutes modeled after the UAA. 2 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the UAA, and provide a framework for analyzing future cases.3


Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones Jan 1986

Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones

Fordham Urban Law Journal

Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At ...


The Securities Arbitrators' Nightmare, Constantine N. Katsoris Jan 1986

The Securities Arbitrators' Nightmare, Constantine N. Katsoris

Fordham Urban Law Journal

Securities arbitration panels have arisen to deal with the rising tide of securities litigation. However, the application of arbitration procedure to securities claims has caused problems with clashes of procedure and enforcement issues. The United States Arbitration Act was passed to The Supreme Court addressed some of those issues in Dean Witter Reynolds Inc. v. Byrd, but did not determine whether Wilko v. Swan's effective repeal of the Arbitration Act as it applies to securities claims brought under the Securities Act of 1933 also covered securities claims brought under the Securities Act of 1934. The author eventually determines that ...


Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle Jan 1986

Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle

Pace Law Faculty Publications

In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the ...


The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger I. Abrams, Dennis R. Nolan Jan 1986

The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger I. Abrams, Dennis R. Nolan

Nova Law Review

When a company and a union negotiate a collective agreement, they anticipate that disputes will arise during its term.


A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau Jan 1986

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Journal Articles

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.


Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich Dec 1985

Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil trial and the debate over arbitrators’ power to levy awards of punitive or exemplary damages. He exhaustively summarizes and analyzes relevant court decisions, policy and practical concerns.