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Dispute Resolution and Arbitration Commons™
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Articles 1 - 19 of 19
Full-Text Articles in Dispute Resolution and Arbitration
Two Models Of Interest Arbitration, Martin H. Malin
Two Models Of Interest Arbitration, Martin H. Malin
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Most states prohibit public employees from striking and the federal government makes a strike by a federal employee a felony. Many public employee labor relations acts give organized employees a right to arbitrate when their union and employer are unable to reach agreement on the terms of a contract. Much discussion of such interest arbitration schemes has focused on whether the process inhibits bargaining (the chilling effect) or is habit forming (the narcotic effect). These discussions contrast the use of traditional interest arbitration, where the arbitrator may award any outcome that falls between the parties’ final offers, with final offer …
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
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The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate in employment, consumer and franchise contracts. Although changes in the ideological composition of Congress mean that the AFA has little chance of enactment in the foreseeable future, mini-AFAs have been enacted banning pre-dispute arbitration agreements as applied to sexual harassment claims by employees of defense contractors and whistleblower claims by employees in the securities and commodities industries. This article charts a middle ground between those who would ban pre-dispute arbitration mandates in employment contracts completely and those who would leave them unregulated. After surveying the empirical evidence …
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin
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No abstract provided.
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin
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No abstract provided.
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
Due Process In Employment Arbitration: The State Of The Law And The Need For Self-Regulation, Martin H. Malin
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No abstract provided.
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
The Evolving Role Of The Labor Arbitrator (With J. Vonhof), Martin H. Malin
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No abstract provided.
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin
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No abstract provided.
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin
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No abstract provided.
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán
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No abstract provided.
Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.
Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.
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No abstract provided.
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
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No abstract provided.
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
Privatizing Justice: A Jurisprudential Perspective On Labor And Employment Arbitration From The Steelworkers Trilogy To Gilmer (With R. Ladenson), Martin H. Malin
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No abstract provided.
Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin
Affirmative Action Issues And The Role Of External Law In Labor Arbitration (With L. Stallworth) (Symposium), Martin H. Malin
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No abstract provided.
Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin
Foreword: Labor Arbitration Thirty Years After The Steelworkers Trilogy, (Symposium Editor), Martin H. Malin
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No abstract provided.
The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin
The Legal Status Of Union Security Fee Arbitration After Chicago Teachers Union V. Hudson, Martin H. Malin
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No abstract provided.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.
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No abstract provided.
Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.
Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.
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No abstract provided.
Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.
Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.
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No abstract provided.
And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt Jr.
And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt Jr.
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No abstract provided.