Between Harry Shulman’s view that collective bargaining agreements are pacts adopted in complex industrial societies to set up systems for their governance, and the Williston view that a contract is a contract, is the middle ground: collective bargaining agreements as special types of contracts with respect to which the principles of “ordinary” contract law. Professor …
A review and suggested synthesis of the Howlett/Meltzer debate over the extent to which arbitrators should consider the law in interpreting contracts. Moves from the obvious case where the contract explicitly references the law, to intermediate cases where the law informs the meaning of unclear language, to the debate begun at the prior year’s Academy …
Problems of proof in the arbitration process: Report of the New York Tripartite Committee
Henry Clifton, Jr., I. Robert Feinberg, Alan P. Perl, Herbert Prashker, Asher W. Schwartz, Arthur Stark
January 10, 1966 Proceedings Database
Discussion of hearing procedures and rules of evidence. [See also the transcript of the open discussion, 1966 page 305.]
Problems of proof in the arbitration process: Report of the West Coast Tripartite Committee
Charles K. Hackler, Berry G. Jones, Edgar A. Jones, Jr., Alfred W. Klein, Robert P. Tiernan
January 1, 1966 Proceedings Database
Discussion of pre-hearing procedures, hearing procedures, and rules of evidence, with additional remarks regarding history and theory on these matters. [See also the transcript of the open discussion, 1966 page 214.]
Discusses the uses and abuses of past practice in arbitration in relation to the “plain meaning” rule of contract interpretation and ambiguous contract terms. Also addresses how past practices are created, and how they cease.