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Reminiscences

Archibald Cox discusses his career and experiences, with David Feller

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Reminiscences

Archibald Cox discusses his career and experiences, with David Feller

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Professor Cox asserts the need to create new processes to encourage cooperation between government, organizations, and individuals whose activities are directly affected by government. He proposes, as a model, the Health Effects Institute.

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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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Procedure and Creativity

A discussion of the creative adaptation of collective bargaining to scientific and technological change. Professor Cox emphasizes the need to scrutinize (industry by industry) different procedures for different kinds of disputes, and the need for arbitration awards to be rooted in the collective agreement and the law of the plant.

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Professor Cox states the legal effects of the Lincoln Mills decision, and offers three assertions: 1) those involved in arbitration cannot ignore judicial decisions under section 301; 2) the construction of collective bargaining agreements is different from that of other contracts; and 3) Lincoln Mills will affect the respective roles of the court and the …

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The author reviews the developing federal system of labor law and discusses the allocation of responsibility for the regulation of labor relations between states and the federal government. He opines that the two governmental levels should not exercise concurrent jurisdiction over labor relations. He concludes that “federal regulation has extended too far while too little …

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A discussion of how labor arbitration fits within the framework of existing institutions, and an examination of the attitudes of arbitrators, the courts and the agencies (e.g. the NLRB) toward each other. An early consideration of the application of external law to grievance arbitration.

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