Dispute Resolution and Arbitration Commons^™

Due Process Review Under The Railway Labor Act, Christopher L. Sagers

Michigan Law Review

This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

The Grievor was Part-time Assistant in the Post Office at Berwick, Nova Scotia. The grievance alleges that he was suspended without cause. The Union claims that the discipline is unjustified, discriminatory, and not in accordance with notice requirements and time limits in the Collective Agreement. Complaints of harassment were made against the Grievor which were passed on to the Human Rights Officer. A memorandum of settlement was signed by the parties agreeing to waive time limits until completion of an investigation. The claims were substantiated and a letter of discipline sent to the Grievor. The Union's position is that no …

Should Mandatory Written Opinions Be Required In All Securities Arbitrations?: The Practical And Legal Implications To The Securities Industry , Lynn Katzler

American University Law Review

No abstract provided.

The Use Of Alternative Dispute Resolution In Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, Bruce A. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson

Journal of Dispute Resolution

Professor Woodley's article is an excellent overview of the issues relating to Summary Jury Trials and offers a menu of sound proposals for their solution. This article is written from the perspective of a trial judge and recommends procedures and case selection criteria found to be effective in the trial arena. A careful reader will note that many of the proposals discussed herein are included in Professor Woodley's article because the undersigned participated in her canvass of judges on the subject.

We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith

Journal of Dispute Resolution

Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …

Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel

Journal of Dispute Resolution

In the realm of employment law, management and labor unions enter in collective bargaining agreements to establish employment terms including wages, hours, benefits and grievance procedures.' A typical grievance procedure provides that labor disputes will be resolved through arbitration. Courts are encouraged to defer to collective bargaining agreements. When disputes arise, employees and employers attempt to resolve matters themselves, and if this fails, labor unions intervene and submit grievances to arbitration. Generally, an arbitrator's decision is final and binding, but in limited circumstances the matter is ultimately litigated. One such limited circumstance arose when the courts developed a public policy …

Summary Jury Trial - A Caution, Avern Cohn

Journal of Dispute Resolution

My experience with summary jury trials as a settlement device, as well as a poll of my colleagues in the Eastern District of Michigan, suggests the drawbacks of summary jury trials outweigh the benefits. Additionally, a decision regarding the worth of summary jury trial as a dispute resolution mechanism, particularly over the objections of a party, should be suspended until the Rand Corporation's Institute for Civil Justice reports to Congress on its evaluation of Civil Justice Reform Act initiatives with regard to alternate dispute resolution procedures in federal district courts.

Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley

Journal of Dispute Resolution

The discussion below is divided into four parts. Part II is a background section describing the summary jury trial process and its intended benefits, as well as briefly identifying the five litigated issues and basic uncertainties discussed here. Part III describes the five litigated issues and basic uncertainties in detail, describes how judges have attempted to deal with them, and discusses potential solutions. Part IV contains specific statutory language embodying the proposed solutions. And, finally, Part V offers a brief conclusion

Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte

Journal of Dispute Resolution

The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.

Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii

Journal of Dispute Resolution

In 1609, Lord Coke held agreements to arbitrate revocable at will at any time prior to the issuance of an award.' For three-hundred years following Lord Coke's decision, a similar mindset pervaded the judicial psyche of both England and the United States, requiring legislative action to overcome the dilemma.' Even after the enactment of the Federal Arbitration Act ("FAA" or "Act"), passed by Congress to combat judicial hostility to arbitration, courts continued to jealously guard their jurisdiction from non-traditional dispute resolution forums.4 Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a …

Mandatory Arbitration And Title Vii: Can Employees Ever See Their Rights Vindicated Through Statutory Causes Of Action - Metz V. Merrill Lynch, Pierce, Fenner & (And) Smith, Penelope Hopper

Journal of Dispute Resolution

Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress has granted American employees an increased number of potential statutory causes of action. At the same time, litigation has decreased. with a rise in the popularity of alternative dispute resolution.' Thus, it is no surprise that many modem employment contracts require employees to stipulate a dispute resolution forum through which any future legal conflict may be resolved, usually at the bequest of the prospective employer. The legal trend is to enforce mandatory arbitration and mediation clauses when a statutory cause of action is at …

The Oregon Watershed Health Program: Local Empowerment To Restore Watersheds, Mary Lou Soscia

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.

Water Rights And The Commonwealth, Eric T. Freyfogle

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Searching For Sustainable Use Of Montana’S Water: A Series Of Vignettes, Matthew Mckinney

Sustainable Use of the West's Water (Summer Conference, June 12-14)

24 pages.

Contains references.

Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains references.

The Henry’S Fork: Finding Mutual Interest In The Watershed, Janice M. Brown, Dale L. Swensen

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Contains references.

Sustainable Use Of The Denver Basin, Charles B. White

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Contains footnotes.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages.

Contains endnotes and references.

The Federal Arbitration Act And Individual Employment Contracts: A Better Means To An Equally Just End, William F. Kolakowski Iii

Michigan Law Review

This Note argues that courts should adopt a narrow reading of the employment contract exception to the FAA, thus making arbitration agreements in most individual employment contracts enforceable under the Act. Part I argues that a textual analysis of the FAA supports a narrow interpretation of the exception. Because some courts and commentators have argued that the text favors a broad interpretation, Part II examines the legislative history of the exception and demonstrates that no firm conclusions can be drawn about congressional intent regarding the exception's scope. Finally, Part III demonstrates that a narrow reading of the exception best serves …

Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and "Settlement Class Actions."

Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie

Innis Christie Collection

Preliminary award concerning arbitrability. Preliminary objection upheld in part.

Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discrimi­nated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …