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… Read More »The state of external law’s effect on the arbitration process. 2. The role of external law in arbitration and judicial review
Professor Murphy introduces Professor Feller, and then Professor Feller describes the events in his career that led to his appearance before the Supreme Court in… Read More »How the Trilogy was made.
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… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
A discussion of the labor arbitration model and the need for changes of that the model in a changing society.
A review of case law that employer – union joint decisions without a neutral are the legal equivalent of an arbitration decision, for purposes of… Read More »Arbitration without neutrals: Joint committees and boards: 1. The legal background
A review of the cases and papers that preceded and followed the Trilogy cases.
Enterprise Wheel permits judicial scrutiny of labor arbitration awards to determine whether an award draws its essence from the collective bargaining agreement. The imprecision of… Read More »Judicial review: As arbitrators see it1. The disguised review of the merits of arbitration awards
Commenting on the interrelation of the arbitration award and external law, Morris contends that specific federal labor laws provide a framework within which contracts are… Read More »The role of arbitration in state and national labor policy – Comment
Reiterates position previously taken – that arbitrators are bound by the law. Rejects the Mittenthal formula (1968, p. 42). Cites arbitrators’ decisions on both sides… Read More »The role of law in arbitration: A reprise
Examination of (1) whether arbitration is especially vulnerable to pressure incompatible with fair and even-handed dispute resolution; (2) the appropriate role of courts in reviewing… Read More »Ruminations about ideology, law, and labor arbitration