Four Ways of Looking at an Arbitrator: Autobiographical Perspectives on the Profession
A review of four recent autobiographies of distinguished members of the Academy: Benjamin Aaron, Jim Jones, Richard Mittenthal and Arnold Zack.
Nolan; Dennis R.
Presidential Address by Dennis Nolan
Professor Nolan identifies the forces to which the decline of labor unions are often attributed, but posits that it was the inability of unions to… Read More »Presidential Address by Dennis Nolan
Of Work, Family, and Arbitration: Comments on Williams, WORK/FAMILY CONFLICT
A critique of WORK/FAMILY CONFLICT, a paper by Professor Joan Williams that exams the changing demographics of working families and, specifically, the arbitration decisions pertaining… Read More »Of Work, Family, and Arbitration: Comments on Williams, WORK/FAMILY CONFLICT
Invited papers: 2. “We didn’t have time to train the monkeys!” The 2002 Presidential Board of Inquiry on the work stoppage in the West Coast ports.
This paper contains a description of the measures that can be invoked for strikes deemed “national emergencies,” and the realities faced in their application. The… Read More »Invited papers: 2. “We didn’t have time to train the monkeys!” The 2002 Presidential Board of Inquiry on the work stoppage in the West Coast ports.
The National Academy of Labor and Employment Arbitrators?
Professor Nolan presents a history of labor arbitration and of the National Academy (including the recent decline in membership) and the rise in employment arbitration.… Read More »The National Academy of Labor and Employment Arbitrators?
The arbitration hearing: Part 2. Arbitral therapy
In Steelworkers v. American Manufacturing Co, Justice William Douglas spoke of the “therapeutic” and “cathartic” values of labor arbitration. The authors describe the possible psychologically… Read More »The arbitration hearing: Part 2. Arbitral therapy
Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
Article 6.D of the Code of Professional Responsibility – “Clarification or Interpretation of Awards” – states in paragraph 1: “No clarification or interpretation of an… Read More »Functus Officio under the Code of Professional Responsibility:The ethics of staying wrong
The Code and post-award arbitral discretion
The authors consider the pros and cons of an arbitrator’s retention of jurisdiction. Arbitrator Rehmus reviews the evolution of the doctrine of functus officio, offers… Read More »The Code and post-award arbitral discretion
The arbitration process: 2. Arbitral craftsmanship and competence
Poorly crafted arbitration awards invite judicial attack and frustrate the objective of finality. The authors assert that a competent final and binding award must 1)… Read More »The arbitration process: 2. Arbitral craftsmanship and competence
The arbitrator’s immunity from suit and subpoena
The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or… Read More »The arbitrator’s immunity from suit and subpoena