As Bill Clinton’s campaign strategist James Carville famously phrased it back in 1992, the key issue for voters... “It’s the economy, stupid.”Something similar could be said for high value strategic cases in global commercial litigation, international arbitration and competition today,...

Human Rights Watch and others have criticized the National Labor Relations Act (NLRA) for having remedies so weak they fail to enforce the law and to protect employees. This issue is not new. In fact, there was a hard fought struggle over NLRA remedies during its drafting and, once it became...

Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years there has been an exponential explosion in the use of this technology on the Internet. The challenge to...

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. The authors draw on their decades of expertise as instructors, experts, and consultants to show how dispute systems design can be...

Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...

This paper presents a model of litigation in the context of a labor contract. The main objective of our analysis is to determine whether and under which conditions it is efficient that the judiciary arbiters a labor conflict and how the judge's decision should be made in order to be optimal. We...

The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing refrain in legal literature; however, until now empirical research concerning this problem has been scant. This study provides the most comprehensive and thorough analysis to date...

Qualified immunity for police officers in the United States is a broken legal doctrine that needs Congressional legislative remedy; however, police qualified immunity does not need to be eliminated. It must be reformed. Over the past 4 months of diligent and focused research, analysis, and...

With heightened expectations for a reckoning in response to the broad support for the Black Lives Matter movement after the senseless murder of George Floyd in 2020, employers explored many options to improve racial understanding through discussions with workers. In rejecting any notions of the...

The government pension crisis is making news headlines around the country. Contributing to the crisis is a common law of public pensions that diverges from general contract and employment principles. Nowhere is this contradiction more apparent than in California and the several states that have...