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Full-Text Articles in Law

Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore Feb 2013

Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore

Pepperdine Law Review

The development of a "status quo" for teacher bargaining unit certification was brought to an abrupt halt by the recent Supreme Court Yeshiva decision. The author, in agreement with the majority opinion, examines the development of this "status quo" and the cases leading up to and including the Supreme Court's determination that the Yeshiva faculty were managerial employees and thus exempt from coverage under the National Labor Relations Act. Also, the author illustrates the Supreme Court's unfavorable reaction to the National Labor Relations Board's cursory and inconsistent administrative decisions and opinions.


Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner Feb 2013

Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner

Pepperdine Law Review

In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …


Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer Feb 2013

Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer

Pepperdine Law Review

Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …


Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello Feb 2013

Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello

Pepperdine Law Review

The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. …


California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano Jan 2013

California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano

Pepperdine Law Review

No abstract provided.


Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe Jan 2013

Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe

Pepperdine Law Review

No abstract provided.


Recent Developments In Alternative Dispute Resolution , Lee R. Petillon Jan 2013

Recent Developments In Alternative Dispute Resolution , Lee R. Petillon

Pepperdine Law Review

No abstract provided.


Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr. Jan 2013

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.


Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris Jan 2013

Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris

Pepperdine Law Review

No abstract provided.


Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation , R. Hanson Lawton Jan 2013

Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation , R. Hanson Lawton

Pepperdine Law Review

No abstract provided.


Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan Jan 2013

Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan

Pepperdine Law Review

No abstract provided.


Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk Jan 2013

Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk

Pepperdine Law Review

No abstract provided.


The Future Of Alternative Dispute Resolution, Thomas D. Lambros Jan 2013

The Future Of Alternative Dispute Resolution, Thomas D. Lambros

Pepperdine Law Review

No abstract provided.


Dispute Resolution In The Northwest , Bryan M. Johnston Jan 2013

Dispute Resolution In The Northwest , Bryan M. Johnston

Pepperdine Law Review

No abstract provided.


Consider Our Consumers, Thomas M. Reavley Jan 2013

Consider Our Consumers, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


The Outlook For Dispute Resolution In The United States, Mark L. Kahn Jan 2013

The Outlook For Dispute Resolution In The United States, Mark L. Kahn

Pepperdine Law Review

No abstract provided.


Lawyers And Alternative Dispute Resolution Success, John S. Murray Jan 2013

Lawyers And Alternative Dispute Resolution Success, John S. Murray

Pepperdine Law Review

No abstract provided.


The Immediate Future Of Alternative Dispute Resolution, Robert Coulson Jan 2013

The Immediate Future Of Alternative Dispute Resolution, Robert Coulson

Pepperdine Law Review

No abstract provided.


The Immediate Future Of Alternative Dispute Resolution, Dorothy W. Nelson Jan 2013

The Immediate Future Of Alternative Dispute Resolution, Dorothy W. Nelson

Pepperdine Law Review

No abstract provided.


Essays On The Future Of Alternative Dispute Resolution: Introduction, L. Randolph Lowry Jan 2013

Essays On The Future Of Alternative Dispute Resolution: Introduction, L. Randolph Lowry

Pepperdine Law Review

No abstract provided.


Essays On The Future Of Adr: A Prospective Look From Three Viewpoints-Jurist, Educator, And Practitioner- Table Of Contents, L. Randolph Lowry Jan 2013

Essays On The Future Of Adr: A Prospective Look From Three Viewpoints-Jurist, Educator, And Practitioner- Table Of Contents, L. Randolph Lowry

Pepperdine Law Review

No abstract provided.


Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr. Jan 2013

Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.


The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel Jan 2013

The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel

Pepperdine Law Review

No abstract provided.


Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone Jan 2013

Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone

Pepperdine Law Review

No abstract provided.


The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun Jan 2013

The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun

Pepperdine Law Review

No abstract provided.


Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel Jan 2013

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.


The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield Jan 2013

The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield

Pepperdine Law Review

No abstract provided.


The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota Jan 2013

The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota

Pepperdine Law Review

No abstract provided.


Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman Jan 2013

Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman

Pepperdine Law Review

No abstract provided.


Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum Jan 2013

Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum

Pepperdine Law Review

No abstract provided.