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The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (“CBAs”) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. The article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu
Pepperdine Dispute Resolution Law Journal
This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation of the Second Circuit’s …
The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick
The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick
Marquette Sports Law Review
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The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa
The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa
Marquette Sports Law Review
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The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.
The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.
Marquette Sports Law Review
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