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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 Act’s statutory procedure, the 2002…

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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 subpoena, and present possible responses…

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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 to conflicting work-family obligations. Professor…

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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 therapeutic effects that can derive…

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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 award is permissible without the…

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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. He describes three alternatives for…

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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 guidance on the process, and…

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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 bargain at the national level…

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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) be enforceable and impervious to…

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A review of four recent autobiographies of distinguished members of the Academy: Benjamin Aaron, Jim Jones, Richard Mittenthal and Arnold Zack.

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