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Articles 1 - 3 of 3
Full-Text Articles in Labor and Employment Law
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine
Articles
Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided …
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 …
Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman
Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman
Other Publications
The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.