An analysis of two areas of remedies: compensatory damages and injunctions. A discussion of the author’s view in the absence of a clear-cut answer by the courts as to the…
The full text of the Supreme Court decision in Textile Workers Union of America v. Lincoln Mills of Alabama
A panel discussion of arbitration after the Lincoln Mills decision. Mr. Ross sees a need “to restore and protect some of the traditional values of arbitration” by viewing arbitration “not…
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…
Arbitrator Aaron opines that the immediate effects of Lincoln Mills may be disruptive of industrial relations, because most judges are both poorly informed on the subject and have attitudes that…
The author asserts that arbitrators pay heed to safeguards that have attended centuries of judicial decision making; that they should value precedent to the extent required to achieve consistency, where…
The authors posit that arbitrators must not apply external law unless the parties have granted them the authority to do so, and that advocates should be circumspect in investing the…