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Articles 7591 - 7620 of 7741
Full-Text Articles in Dispute Resolution and Arbitration
Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews
Post-V Aca Standards Of The Union's Duty Of Fair Representation: Consolidating Bargaining Units, David Mathews
Villanova Law Review (1956 - )
No abstract provided.
Labor Law - Arbitration - Presumption Of Arbitrability Applicable To Safety Disputes - Injunction Authorized As Remedy For Breach Of Implied No-Strike Obligation - Objective Evidence Standard Established For Section 502 Of Taft-Hartley Act, Anthony Allen Geyelin
Villanova Law Review (1956 - )
No abstract provided.
Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin
Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi
The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi
LLM Theses and Essays
The purpose of this thesis will be, after having examined generally the principles which regulate the settlement of international disputes under international law, to understand the function that the United Nations has in the settlement of disputes and, particularly, to see the role played by the General Assembly and the Security Council in preserving peace and security, including the pacific settlement of disputes. In order to do that, we cannot avoid, of course, investigating and clarifying the purposes of the United Nations as an organ of conciliation. Then we will examine the United Nations structure, particularly the General Assembly, the …
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod
Fordham Urban Law Journal
Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …
Final Offer Arbitration: The Last Word In Public Sector Labor Disputes, Rena C. Seplowitz
Final Offer Arbitration: The Last Word In Public Sector Labor Disputes, Rena C. Seplowitz
Scholarly Works
No abstract provided.
Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.
Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.
University of Richmond Law Review
It is significant that this story from the reign of King Solomon in the tenth century B.C. uses as its setting a battle over child custody to illustrate the legendary "wisdom of Solomon."' It is equally meaningful that after the passage of some three thousand years of civilization and supposed social progress, a twentieth century Amer- ican judge could remark that "a judge agonizes more about reaching the right result in a contested custody issue than about any other type decision he renders." And this agony intrudes into an ever-increasing number of cases.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Scherk V. Alberto-Culver Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
"Interest" Arbitration Revisited, Robben W. Fleming
"Interest" Arbitration Revisited, Robben W. Fleming
University of Michigan Journal of Law Reform
The essence of what is said in this speech is that it is time to rethink our position on "interest" arbitration. The labor relations process is a dynamic one in which neither the problems nor the remedies can remain static
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
The Ascendency Of Labor-Arbitration And The Confusion Of Labor Arbitrators: A Case Of Congressional Neglect, Walter L. Sales
Kentucky Law Journal
No abstract provided.
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
Washington Law Review
With little fanfare the United States in 1970 revolutionized its treatment of private international arbitration by acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and by amending the federal arbitration statutes to give extremely broad effect to the arbitral remedy in most international transactions. As a result, a party with an agreement to arbitrate an international commercial dispute to which the new enactments apply can look to the federal courts and federal law for enforcement of the agreement to arbitrate and for recognition of the award of the arbitrators, regardless of whether the …
Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin
Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Labor Law - Employee-Oriented Collective Bargaining Agreement In Insufficient Reason To Deny The Issuance Of A Boys Markets Injunction, J. Michael Fieglein
Labor Law - Employee-Oriented Collective Bargaining Agreement In Insufficient Reason To Deny The Issuance Of A Boys Markets Injunction, J. Michael Fieglein
Villanova Law Review (1956 - )
No abstract provided.
International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe
International Law And Conflict Resolution: Palestinian Claims And The Arab States, J. L. Taulbee, David P. Forsythe
Vanderbilt Journal of Transnational Law
Over the last few years there has been a revival of interest in international law as a mechanism for conflict resolution. These same years have seen a demonstration of the undeveloped state of international law, particularly concerning intrastate conflicts. The wide disagreement about questions of fact, legal consequence, and world order implications of internal war is a telling commentary on the current problems of applying legal standards to such conflicts. A major part of the disagreement can be explained in terms of the specific problems relating to fact determination and authoritative interpretation engendered by the nature of the environment in …
Labor Law - Successorship - Post-Transfer Viability Of The Bargaining Unit Forms A Sufficient Basis To Impose A Duty To Bargain Upon An Acquiring Employer Even Where The Absence Of Any Connection Between The Predecessor And Successor Precludes More Extensive Liability, Philip M. Cullen Iii
Villanova Law Review (1956 - )
No abstract provided.
The Lawyer And The Private Legal Process, L. Ray Patterson, Elliott E. Cheatham
The Lawyer And The Private Legal Process, L. Ray Patterson, Elliott E. Cheatham
Vanderbilt Law Review
Private law--particular rules created for and applied to particular individuals to govern their relationships with each other--is a marked characteristic of society. People in a nation of free enterprise with a developing, malleable economy must have the freedom and the power to shape their legal relations with one another through the use of rules of law suited to their goals. Most of this law--contracts, wills, and trusts--has only temporary effect. The terms are limited, and all of it is for a private, rather than a public purpose. The limited scope of private law, however, is not a good measure of …
Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson
Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson
Buffalo Law Review
No abstract provided.
Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine
Interventionism, Laissez-Faire, And Stare Decisis: The Labor Decisions Of The Supreme Court, October Term 1969, Theodore J. St. Antoine
Book Chapters
Following is the partial text of an address delivered at the August 10, 1970, meeting of the American Bar Association's Section of Labor Relations Law by Theodore J. St. Antoine, Professor of Law, University of Michigan, and Secretary of the Section of Labor Relations Law of the American Bar Association. The portion of the address reproduced deals with the Supreme Court's Boys Markets decision relating to injunctions against strikes in violation of no-strike contracts and the Court's H. K. Porter decision involving the NLRB' s authority to order a party to agree to a substantive provision in a collective bargaining …
Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher
Selection Of The Bargaining Representative Under The Railway Labor Act, Howard W. Risher
Villanova Law Review (1956 - )
No abstract provided.
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …
Dispute Settlement In The Public Sector, Harry H. Rains
Dispute Settlement In The Public Sector, Harry H. Rains
Buffalo Law Review
No abstract provided.
The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker
The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker
Vanderbilt Journal of Transnational Law
In the field of aviation, world transportation is bound together by a highly complex and sophisticated arrangement in which each country designates a single carrier to carry its flag to foreign-countries. The United States has not followed this practice of designating one line as the nation's flag carrier and has twenty "international" carriers which transport passengers, cargo, and mail to foreign countries. Each one of these carriers is a private business concern, competing in most cases with another American carrier covering the same route, and in all cases with the air carrier of the country to which it flies. In …
History Of Arbitration Practice And Law, Frank D. Emerson
History Of Arbitration Practice And Law, Frank D. Emerson
Cleveland State Law Review
Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
University of Michigan Journal of Law Reform
When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …
International Arbitration, Liber Amicorum For Martin Domke. Pieter Sanders Ed., W. Paul Gormley
International Arbitration, Liber Amicorum For Martin Domke. Pieter Sanders Ed., W. Paul Gormley
Buffalo Law Review
No abstract provided.
Note, Appearance Of Bias As Grounds For Vacating An Arbitrator’S Award – Implications Of Commonwealth Coatings Corp. V. Continental Casualty Co. For Labor Arbitration, Roger C. Hartley
Scholarly Articles
Commonwealth Coatings Corp. v. Continental Casualty Co. involved the arbitration of a dispute between two contractors. The reasoning of the opinion of the court contains possible implications for the review of labor arbitration awards challenged on the ground of alleged partiality of the arbitrator. The federal district courts find jurisdiction to vacate labor arbitration awards under Section 301 of the Labor Management Relations Act (LMRA), but nowhere in the LMRA is there an express test of partiality the courts can apply. Section 10 of the United States Arbitration Act provides a statutory test of "evident partiality,"'-but it has been held …
Book Review - Taxation. Comparative Conflict Resolution Procedures In Taxation: Analytic Comparative Study By L. Hart Wright (Et. Al.), William D. Popkin
Book Review - Taxation. Comparative Conflict Resolution Procedures In Taxation: Analytic Comparative Study By L. Hart Wright (Et. Al.), William D. Popkin
Articles by Maurer Faculty
No abstract provided.
The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman
The Debate Over The Caliber Of Arbitrators: Judge Hays And His Critics, Julius G. Getman
Indiana Law Journal
No abstract provided.
Arbitration As A Remedy In Labor Disputes, William F. Powers
Arbitration As A Remedy In Labor Disputes, William F. Powers
Cleveland State Law Review
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive and more expeditious manner, by persons having expertise in labor management relations. Labor arbitration should not be categorized as a substitute for litigation.
The Role Of Law In Arbitration: Discussion, Theodore J. St. Antoine
The Role Of Law In Arbitration: Discussion, Theodore J. St. Antoine
Book Chapters
Back in the days before the Green Bay Packers acquired fee simple title to the National Football League championship, I saw a playoff game here at the Cleveland Stadium between the Browns and the Detroit Lions. My Michigan loyalties have created a mental block as to the final score, but I do have a vivid recollection of one stirring goal-line stand by Detroit. A great, burly Lion tackle stationed himself about a foot from the goal post—and I remember thinking that whatever play the Brown quarterback might call, it certainly wasn't going to be a run over tackle. In facing …