An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a…
Employee empowerment – Collective bargaining’s future role
Benjamin Aaron, Richard Epstein, Thomas Geoghegan, Thomas A. Kochan, Calvin William Sharpe
March 16, 1997 Proceedings Database
A debate about the efficacy of organized labor as opposed to freedom of individuals to contract.
Judicial review of labor arbitration awards:The view from the bench
Fortunato P. Benavides, W. Eugene Davis, Calvin William Sharpe, Jacques L. Wiener Jr.
March 16, 1999 Proceedings Database
An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth…
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question: Is it socially desirable to…
The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.
Controlling the Arbitration Hearing
Laura J. Cooper, Ellen C. Kearns, Sean T. McGee, Calvin William Sharpe
January 16, 2008 Proceedings Database
An exploration of whether the phrase “control of the hearing” has a core meaning upon which advocates and arbitrators agree or whether it is a subjective concept that can provide…