Law Commons^™

Vacation Of Awards For Fraud, Bias, Misconduct And Partiality, Alan H. Rothstein

Vanderbilt Law Review

The role of the arbitration process in today's society is to supplant the often laborious and time consuming procedures of the courts with a more informal process wherein the parties to a controversy, by agreement, give one or more individuals effective power to render a decision on a particular matter, or on future controversies as they arise. In order that the grant of the power be effective, and that a resulting award be obeyed, the courts will generally enforce a properly made award without examination of the underlying issues or evidence of the controversy developed during the arbitration. Judicial prescriptions …

A Symposium On Arbitration, Sylvan Gotshal

Vanderbilt Law Review

Twenty years ago an article on arbitration would have been an oddity in a law review. Significant of the change in thinking with regard to arbitration on the part of attorneys, bar associations, and law schools is the fact that within the past few months several law journals and reviews have had major articles devoted to various aspects of arbitration. This new literature in the legal field serves as notice to the practitioner and to the law student that arbitration has come of age. The editors of the Vanderbilt Law Review and the faculty of the Law School are, therefore, …

The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux

Vanderbilt Law Review

The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …

Act Relating To Arbitration And To Make Uniform The Law With Reference Thereto, Law Review Staff

Vanderbilt Law Review

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act also applies to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement.)

Book Notes, Law Review Staff

Vanderbilt Law Review

The Law of Torts By Fowler V. Harper and Fleming James, Jr. Boston: Little Brown & Co., 1956. Pp. xiv, 2062. $60.00.

This treatise is a valuable and significant contribution to Tort law.It is composed of two volumes of text and a third volume containing tables of cases, statutes and articles, and an index.

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Management Rights and the Arbitration Process

Edited by Jean T. McKelvey. Washington: Bureau of National Affairs, 1956. Pp. viii,237. $3.50. This is a collection of the papers delivered at the Ninth Annual Meeting of the National Academy of Arbitrators held in January,1956. They include treatments …

The Status Of The Collective Labor Agreement In France, Robert J. Nye

Michigan Law Review

This paper is intended to outline in historical perspective the statutory, judicial, administrative and social developments which have made the collective agreement an indispensable accessory to legislative and judicial regulation in France.

Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act

Indiana Law Journal

No abstract provided.

Recent Decisions

Fordham Law Review

No abstract provided.

Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed

Michigan Law Review

One of the employer's traditional weapons against the economic power of unions is the lockout. Since the central economic element involved in strikebreaking is that the operation of the plant and equipment is as important to labor as labor is to the operation of the plant and equipment, the lockout is one of the simplest methods of strikebreaking or of resisting union demands. This is so because in the endurance contest which ensues the economic resources of the employer are likely to be greater than those of the employee. Just as there are restrictions on union use of the strike, …

Arbitrability Under Collective Bargaining Agreements, Clyde H. Brockett Jr., William Merlin

Vanderbilt Law Review

Under many collective bargaining contracts calling for arbitration of disputes, sooner or later a question has arisen whether the arbitrator has authority and power to arbitrate a particular issue. While this is obviously an oversimplification, it is a statement of the problem of arbitrability. Involuntary arbitration of labor disputes the question of the "scope of arbitration" may arise in either of two situations: (1) in the formulation of new contracts; or (2) in the disposition of grievances under existing contracts. This Note will consider only arbitration of the latter type.

The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson

Michigan Law Review

In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.

Enforcibility Of Arbitration Clauses In Collective Bargaining Agreements, Catherine E. Gillis

Kentucky Law Journal

No abstract provided.

Recent Books, Michigan Law Review

Michigan Law Review

This department undertakes to note or review briefly current books on law and matters closely related thereto.

Book Reviews

Fordham Law Review

No abstract provided.

Equity, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.

What Of The World Court Now?, C. Sumner Lobingier

Michigan Law Review

The Permanent Court of International Justice was expressly provided for in the League of Nations Covenant (Article XIV) of 1919 and the "Statute" creating it was drafted by an advisory committee of the League, meeting at the Hague, and opened for signature in the following year. By 1921 the ratifications of twenty-eight states put it into effect and the Court was formally opened, with a full quorum of judges, on February 15 (Bentham's birthday) 1922. For nearly twenty years it continued to function and its sessions were suspended only by the presence of the Nazi invaders of the Netherlands.

The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin

Michigan Law Review

The National War Labor Board has reached the respectable age of two years. Supported originally only by the President's war powers, it has secured compliance with its orders, has weathered a minor congressional investigation, and has built up a body of decisions whose effect will continue after the war. These facts, as well as certain signs of the conservatism which appears to strike all government agencies at one time or another, entitle the board to a short survey of certain aspects of its jurisdiction and authority.

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review

The State Legislatures And Unionism: A Survey Of State Legislation Relating To Problems Of Unionization And Collective Bargaining, Russell A. Smith, William J. Delancey

Michigan Law Review

'There ought to be a law!" So declared labor and its friends in the early days of the New Deal, and the Wagner Act and "little" Wagner acts (the "labor relations acts") were the legislative response. Now, some five years later, with Utopia in labor relations not yet at hand, the hue and cry goes up for still more law, both state and federal. In part this is the typical American reaction to particular irritations and assumes with the usual naiveté that there is a single legislative specific for every isolated ailment. In part it is the equally typical reaction …

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.

Commercial Arbitrations And Awards, M. S. Brechenridge

West Virginia Law Review

No abstract provided.

Arbitration At Common Law In Indiana, Edwin M. S. Steers

Indiana Law Journal

No abstract provided.

Two Views Of Commercial Arbitration, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre

Indiana Law Journal

No abstract provided.

The Settlement Of Disputes By Arbitration, Alfred N. Heuston

Washington Law Review

A movement has recently gained considerable headway in this country to overturn the well settled common law rule that executory agreements to arbitrate disputes are revocable." Congress and the legislatures of New York, New Jersey, Massachusetts, and Oregon have recently enacted laws designed to effect this result. Where such laws are in force it is no longer possible for one to enter into a solemn agreement with another to arbitrate in case any dispute should arise, and later, when a dispute has arisen, resort directly to the courts, in total disregard of such agreement.

Arbitration As A Judicial Process Of Law. A New Era In Legal Procedure Created By The New York And New Jersey Statutes. The Principles And The Practice Defined, Joseph Wheless

West Virginia Law Review

No abstract provided.

Courts In The Philippines Old New, David Cecil Johnson

Michigan Law Review

Administration of justice, involving the settlement of disputes and the punishment of crime, is and always has been a vital function of government; in fact, it might well be said to be the basis of all orderly government. The experiment in government which was begun by the American people when they separated themselves from the domination of England reached a new stage in its development when Admiral Dewey was victorious in Manila Bay on May i, 1898. It is perhaps impossible to determine at this time whether this new stage is to result in an attempt at colonization or in …

Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi

Fordham Journal of Corporate & Financial Law

No abstract provided.