The Creeping Legalism Labor Arbitration
Friday, October 9, 2009

Presenters

Keynote Speaker

Dennis R. Nolan

Dennis R. Nolan, Webster Distinguished Professor Emeritus of Labor Law, University of South Carolina School of Law

Dennis Nolan was born in Milwaukee, Wisconsin in 1945. He received an A.B. degree in Government from Georgetown University in 1967, a J.D. from Harvard University in 1970, and an M.A. in American History from the University of Wisconsin-Milwaukee in 1974. In 1974, he joined the faculty of the University of South Carolina School of Law. In 1990 he became the Webster Professor of Labor Law where he taught a range of labor and employment law courses. He retired from USC in 2008. Professor Nolan has published eight books and more than 40 major articles and chapters on labor law, labor and employment arbitration, and legal history. He has delivered nearly 150 papers and lectures in his specialties, including conferences and lecture tours in Australia, Canada, England, the United Kingdom, Ireland, and New Zealand. Professor Nolan has maintained an active arbitration and mediation practice since 1976. He serves on the labor arbitration panels of the American Arbitration Association and the Federal Mediation and Conciliation Service, as well as many private panels. In 1985, his peers recognized his work as an arbitrator by selecting him for membership in the National Academy of Arbitrators. He has served in many leadership roles for the Academy, culminating in the Presidency for 2006-07. In October of 2002, President George W. Bush appointed him to the Presidential Board of Inquiry on the Work Stoppage in the West Coast Ports.


Participants


Lisa Blomgren Bingham

Lisa Blomgren Bingham, Keller-Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University, Bloomington

Lisa Blomgren Bingham is the Keller-Runden Professor of Public Service at Indiana University's School of Public and Environmental Affairs, Bloomington. A graduate of Smith College (A.B. 1976 magna cum laude with high honors in Ancient Greek) and the University of Connecticut School of Law (J.D. 1979 with high honors), she joined the IU faculty in 1989 after practicing labor and employment law as a partner in the firm of Shipman & Goodwin. She has co-edited three books and authored more than 70 articles, monographs, and book chapters on dispute resolution and collaborative governance. Bingham received the Association for Conflict Resolution's Abner Award in 2002 for excellence in research, the Section of Environmental and Natural Resource Administration of the American Society of Public Administration's Best Book award for The Promise and Performance of Environmental Conflict Resolution in 2005, and the Rubin Theory-to-Practice Award from IACM and Harvard Project on Negotiation for research that makes a significant impact on practice in 2006. She is an elected fellow of the National Academy of Public Administration. Her current research examines dispute system design and the legal infrastructure for collaboration, dispute resolution, and public participation in governance.


Laura Cooper

Laura Cooper, J. Stewart and Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution, University of Minnesota Law School

Professor Cooper is the J. Stewart and Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution at the University of Minnesota Law School. She currently serves as an arbitrator and mediator of workplace disputes and is a member of the Board of Governors of the National Academy of Arbitrators. She is the co-author or co-editor of six books including ADR in the Workplace and Labor Law Stories. Her other publications include historical, analytical and empirical articles on labor law, labor arbitration and workplace dispute resolution. Her most recent article, Privatizing Labor Law: Neutrality/Card Check Agreements and the Role of the Arbitrator appears in Volume 83 of the Indiana Law Journal. She has recently been selected as the co-editor of The Labor Lawyer, the journal of the American Bar Association, Section of Labor and Employment Law. She previously chaired The Labor Law Group and the Labor and Employment Law Section of the Association of American Law Schools. She is a Fellow of the College of Labor and Employment Lawyers. She is currently at work on a book with two colleagues presenting the results of the largest empirical study ever done of labor arbitration awards regarding employee discipline.


Peter Feuille

Peter Feuille, Professor, School of Labor and Employment Relations, University of Illinois at Urbana-Champaign

Peter Feuille is Professor and Former Director (1994-2006) of the School of Labor and Employment Relations at the University of Illinois at Urbana-Champaign. Professor Feuille received a Bachelor of Arts in History from Claremont McKenna College and a Ph.D. in Industrial Relations & Organizational Behavior from the School of Business at the University of California, Berkeley. Professor Feuille's research has examined a variety of human resources and industrial relations issues, with a focus on workplace dispute resolution. He is the author of numerous articles in such journals as the Industrial and Labor Relations Review, Industrial Relations, Administrative Science Quarterly, Academy of Management Journal, Arbitration Journal, and Journal of Labor Research. Other research interests include the impacts of human resource practices on organizational performance, the role and impacts of works councils in individual and organizational performance, differences/similarities in human resource practices across countries, and the operation, outcomes, and impacts of workplace dispute resolution processes. Professor Feuille is a mediator and arbitrator and has handled more than 600 workplace disputes. He is a member of the Labor and Employment Relations Association (secretary-treasurer), National Academy of Arbitrators, American Arbitration Association and the Association for Conflict Resolution.


Stephen L. Hayford

Stephen L. Hayford, Professor of Business Law, Kelley School of Business, Indiana University, Bloomington

Stephen L. Hayford is Professor of Business Law, Ethics and Dispute Resolution in the Kelley School of Business at Indiana University, Bloomington. He also is Visiting Professor of Dispute Resolution at the Straus Institute for Dispute Resolution at Pepperdine University School of Law in Malibu, California. Professor Hayford holds an MBA from the University of Arizona, a Ph.D. in Business and Economics from the University of Iowa and a J.D., summa cum laude, from Indiana University School of Law-Bloomington. After law school, Dr. Hayford served as Law Clerk to the Honorable J.E. Eschbach, Senior Judge for the United States Court of Appeals for the Seventh Circuit. Following his judicial clerkship he was a commercial litigator with Gunster, Yoakley, Valdes-Fauli & Stewart, a large West Palm Beach, Florida law firm. Professor Hayford is an active labor, employment and commercial arbitrator and mediator. He is one of three members of the Indiana Education Employment Relations Board (IEERB) appointed by the Governor of the State of Indiana. Dr. Hayford is Co-Founder, Executive Committee Member and Immediate Past President of the College of Commercial Arbitrators. Professor Hayford also is a member of the National Academy of Arbitrators and has served on the Academy's Board of Governors and as Chair of its Research Committee. Professor Hayford has published extensively in the law review and dispute resolution literature. From 1996 to 2000 he was Academic Advisor to the Drafting Committee appointed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) to revise the Uniform Arbitration Act. Dr. Hayford lectures frequently on the topics of negotiation, conflict management, mediation and arbitration as a faculty member for various continuing legal education and executive education programs.


Ann C. Hodges

Ann C. Hodges, Professor of Law, School of Law, University of Richmond

Ann C. Hodges is Professor of Law at the University of Richmond where she teaches and writes in the areas of labor and employment law, feminist legal theory and nonprofit organizations. Professor Hodges' recent scholarly publications focus on the intersection of labor and employment law, alternative dispute resolution, workplace privacy, and public sector labor and employment law. Professor Hodges has made numerous professional presentations to academics, practitioners in labor and employment relations, nonprofit organizations, health care professionals and cancer patients and their families. Prior to becoming a member of the faculty, she practiced labor and employment law with the Chicago law firm of Katz, Friedman, Schur & Eagle. Professor Hodges has a B.S. in Industrial Relations from the University of North Carolina and an M.A. from the Institute of Labor and Industrial Relations at the University of Illinois. She received her J.D. from Northwestern University, where she was managing editor of the Law Review. She worked as a field examiner at the National Labor Relations Board, Region 33, prior to attending law school. Professor Hodges is a co-founder of the Legal Information Network for Cancer (LINC), a nonprofit organization in Central Virginia which assists cancer patients and their families with the legal and financial problems that often accompany cancer, enabling them to focus on fighting the illness.


Michael LeRoy

Michael LeRoy, Professor, School of Labor and Employment Relations and College of Law, University of Illinois at Urbana-Champaign

Michael LeRoy is a Professor at the School of Labor and Employment Relations and the College of Law at the University of Illinois at Urbana-Champaign. Professor LeRoy received a bachelor's and master's degree in political science, as well as a Master of Arts in Labor and Industrial Relations from the University of Illinois. He also is a graduate from the University of North Carolina College of Law. Professor LeRoy's recent research publications have focused on ADR topics such as cost allocation in mandatory arbitration awards. In the labor field, he has examined the role of Taft-Hartley injunctions on national emergency disputes. During the 2002 West Coast longshore labor dispute, he advised the President's Council on Economic Advisors. More generally, his empirical research has focused on permanent replacement strikes, expansion of the lockout doctrine, presidential regulation of private sector employment relationships, and nonunion employee representation groups. His research has been cited by the Senate Committee on Labor and Human Resources (Senate Rep't 105-12); U.S. Eighth Circuit Court of Appeals; Minnesota Supreme Court; Wall Street Journal and New York Times. Professor LeRoy's most recent research interest is terrorism in the workplace.


Martin H. Malin

Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace, Chicago-Kent College of Law

Martin H. Malin is Professor of Law and Director of the Institute for Law and the Workplace at Chicago-Kent College of Law, Illinois Institute of Technology. He teaches courses in labor law, collective bargaining, arbitration, public sector labor law, employment law, contracts and jurisprudence. Professor Malin has published five books and more than 60 articles on labor law and dispute resolution. He is co-editor of Employee Rights & Employment Policy Journal, the only faculty-edited, peer-reviewed employment law journal in the country. From 2004 - 2008, Professor Malin served as Reporter for the Association of Labor Relations Agencies Neutrality Project. He was the principal drafter of ALRA's Neutrality Report, a mini-treatise on labor board and mediation agency impartiality. In 2008, he was the Scholar-in-Residence for the ABA Labor & Employment Law Section ADR Committee's midwinter meeting. Professor Malin serves on the Executive Committee of The Labor Law Group and is a past chair of the Association of American Law Schools Section on Labor Relations and Employment Law. An active arbitrator and mediator since 1984, Professor Malin serves on the Board of Governors of the National Academy of Arbitrators and is a fellow of the College of Labor and Employment Lawyers. He joined the Chicago-Kent faculty in 1980, after teaching at Ohio State University and serving as Law Clerk to U.S. District Judge Robert DeMascio in Detroit. He holds a J.D. from George Washington University and a B.A. from Michigan State University.