Martin H. Malin

Chicago-Kent College of Law

Search All Sites

Print this page

Browse by Article Type

Articles

Does Public Employee Collective Bargaining Distort Democracy? A Perspective from the United States, Comparative Labor Law and Policy Journal (2013)

Two Models of Interest Arbitration, Ohio State Journal on Dispute Resolution (2013)

Life After Act 10?: Is There a Future for Collective Representation of Wisconsin Public Employees?, Marquette Law Review (2012)

Sifting Through the Wreckage of the Tsunami That Hit Public Sector Collective Bargaining, Employee Rights & Employment Policy Journal (2012)

The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition, Indiana Law Journal (2012)

The Legislative Upheaval in Public-Sector Labor Law: A Search for Common Elements, ABA Journal of Labor & Employment Law (2012)

The Canadian Auto Workers--Magna International 'Framework for Fairness' Agreement: A U.S. Perspective (symposium), Saint Louis University Law Journal (2010)

The Evolving Schizophrenic Nature of Labor Arbitration, Journal of Dispute Resolution (2010)

The Paradox of Public Sector Labor Law, Indiana Law Journal (2009)

Do Cognitive Biases Affect Adjudication?: A Study of Labor Arbitrators (with Monica Biernat) (with Monica Biernat), University of Pennsylvania Journal of Business and Employment Law (2008)

Labor arbitrators were presented with four cases to decide, each involving a challenge to discipline...

Political Ideology and Labor Arbitrators' Decision-Making in Work-Family Conflict Cases (with M. Biernat), Personality and Social Psychology Bulletin (2008)

Revisiting the Meltzer-Howlett Debate on External Law in Labor Arbitration: Is It Time for Courts to Declare Howlett the Winner?, The Labor Lawyer (2008)

Due Process in Employment Arbitration: The State of the Law and the Need for Self-Regulation, Employee Rights and Employment Policy Journal (2007)

Charter Schools and Collective Bargaining: Compatible Marriage or Illegitimate Relationship? (with C. Kerchner), Harvard Journal of Law & Public Policy (2007)

The rapid increase in charter schools has been fueled by the view that traditional public...

Book Review, (reviewing Joseph E. Slater, Public Workers: Government Employee Unions, the Law and the State, 1900-1962 (2004)), Labor History (2005)

The Evolving Role of the Labor Arbitrator (with J. Vonhof), Ohio State Journal on Dispute Resolution (2005)

Ethical Concerns in Drafting Employment Arbitration Agreements After Circuit City and Green Tree, Brandeis Law Journal (2003)

Interference with the Right to Leave under the Family and Medical Leave Act, Employee Rights and Employment Policy Journal (2003)

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Ohio State Journal on Dispute Resolution (2001)

The National Labor Relations Act in Cyberspace: Union Organizing in Electronic Workplaces, (with Henry H. Perritt, Jr.), University of Kansas Law Review (2000)

Book Review, (reviewing Vern E. Hauck, Arbitrating Race, Religion and National Origin Discrimination), Industrial and Labor Relations Review (1999)

Fathers and Parental Leave Revisited, Northern Illinois University Law Review (1998)

On the Scope of Legitimate Authority (with R. Ladenson), Journal of Social Philosophy (1998)

Arbitrating Statutory Employment Claims in the Aftermath of Gilmer, Saint Louis University Law Journal (1996)

Unemployment Compensation in a Time of Increasing Work-Family Conflicts, University of Michigan Journal of Law Reform (1996)

Book Note, (commenting on Sheldon Leader, Freedom of Association: A Study in Labor Law and Political Theory), Ethics (1994)

Fathers and Parental Leave, Texas Law Review (1994)

Workplace Diversity: A Continuing Challenge for ADR (with L. Stallworth), Dispute Resolution Journal (1994)

Afterword: Labor Law Reform: Waiting for Congress?, Chicago-Kent Law Review (1993)

Privatizing Justice: A Jurisprudential Perspective on Labor and Employment Arbitration from the Steelworkers Trilogy to Gilmer (with R. Ladenson), Hastings Law Journal (1993)

Public Employees' Rights to Strike: Law and Experience, University of Michigan Journal of Law Reform (1993)

The Privatization of Justice: Ethical Issues in Employment Arbitration (with R. Ladenson), Perspectives on the Professions (1993)

The Distributive and Corrective Justice Concerns in the Debate over Employment at Will: Some Preliminary Thoughts, Chicago-Kent Law Review (1992)

The Supreme Court and the Duty of Fair Representation, Harvard Civil Rights-Civil Liberties Law Review (1992)

Grievance Arbitration: Accommodating an Increasingly Diversified Work Force (with L. Stallworth), Labor Law Journal (1991)

Affirmative Action Issues and the Role of External Law in Labor Arbitration (with L. Stallworth) (symposium), Seton Hall Law Review (1990)

Foreword: Labor Arbitration Thirty Years After the Steelworkers Trilogy, (symposium editor), Chicago-Kent Law Review (1990)

Two Models of the Right to Strike, Illinois Public Employee Relations Report (1990)

Free Speech, Internal Union Democracy and an Elected Officer's Duties to the Union: Striking a Balance, Preview of United States Supreme Court Cases (1989)

The Evolving Law of Agency Shop in the Public Sector, Ohio State Law Journal (1989)

The Legal Status of Union Security Fee Arbitration After Chicago Teachers Union v. Hudson, Boston College Law Review (1988)

When a New Company Takes Over a Failed Company's Business, Does the Union Come With It?, Preview of United States Supreme Court Cases (1987)

Fair Share Fees in Illinois Continued: The Supreme Court Decides Hudson, Illinois Public Employee Relations Report (1986)

Fair Share Fees under the Illinois Labor Relations Acts, 3 Illinois Public Employee Relations Report 1 (1986), Illinois Public Employee Relations Report (1986)

Implementing the Illinois Educational Labor Relations Act, Chicago-Kent Law Review (1985)

Managing Fair Share Fees: The Line Between Supporting and Succumbing, Preview of United States Supreme Court Cases (1985)

Protecting the Whistleblower from Retaliatory Discharge, University of Michigan Journal of Law Reform (1983)

University Faculty Members' Right to Dissent: Toward a Unified Theory of Contractual and Constitutional Protection, (with R. Ladenson), University of California at Davis Law Review (1983)

A Comparison of the American Sherman Antitrust Act and the British Restrictive Trade Practices Act: The Trade Association Experience (with J. Lawniczak), University of Detroit Journal of Urban Law (1982)

Book Review, (with T. L. Tappert) (reviewing CWIKLO, Computers in Litigation Support), American Business Law Journal (1980)

Student Employees and Collective Bargaining, Kentucky Law Journal (1980)

Title IV of the Labor Management Reporting and Disclosure Act - Should Intervening Plaintiffs be Permitted to Recover Attorney's Fees?, University of Cincinnati Law Review (1979)

Books

Employment Discrimination Law: Cases and Notes (with M. Player) (2012)

Public Sector Employment: Cases and Materials (with A. Hodges & J. Slater) (2011)

Labor Law in the Contemporary Workplace (with C. Cameron, R. Corrada, K. Dau-Schmidt & C. Fisk) (2007)

Public Sector Employment: Cases and Materials (with J. Grodin & J. Weisberger) (2004)

Legal Environment of Business (with J. Blackburn & E. Klayman) (1994)

Legal Environment of Business (with J. Blackburn & E. Klayman) (1991)

Title VII at 25 (BNA Conference Book ) (editor) (1989)

Individual Rights Within the Union (with Lorraine A. Schmall) (1988)

Legal Environment of Business (with J. Blackburn & E. Klayman). (1988)

Legal Environment of Business (with J. Blackburn & E. Klayman) (1985)

Legal Environment of Business (with J. Blackburn & E. Klayman) (1982)

Contributions to Books

The Legal and Administrative Context of Work and Family Leave and Related Policies in the USA, Canada and the European Union (with R. Block, E. Ernst Kossek & A. Holt), Work-Life Balance: a Psychological Perspective (2006)

Public Sector Labor Law Doctrine and Labor Management Cooperation, Going Public: The Role of Labor-Management Relations in Delivering Quality Government Services (2003)

The Arbitration of Statutory Employment Claims, Employment Law Update (2001)

Contributor, M. Player, Employment Discrimination Law (1988)

Other Federal Laws Covering Age Discrimination in Employment (with Howard Eglit), Age Discrimination (1982)

The Age Discrimination in Employment Act: Enforcement Procedures, (with Howard Eglit), Age Discrimination (1982)

The Age Discrimination in Employment Act: Protections, Prohibitions & Exceptions (with Howard Eglit), Age Discrimination (1982)

Other

An Empirical Examination of Factors Affecting Outcomes in Discipline Arbitrations Where Work and Family Responsibilities Conflict: A Preliminary Report, in Arbitration 2005: The Evolving World of Work, Proceedings 58th annual Meeting, National Academy of Arbitrators 132 eds., 2006) (with M. Biernat). (2006)

Public Sector Collective Bargaining: The Illinois Experience, Policy Profiles No. 2 (NIU Center for Government Studies) (2002)

Legal Developments in Employment Arbitration, in Proceedings 23d Meeting, Society of Professionals in Dispute Resolution (1996)

Conflicts Arising Out of Workforce Diversity, Proceedings 46th annual Meeting, National Academy of Arbitrators 104 (with L. Stallworth) (1994)

The Need for Alternative Methods of Resolving Federal Sector EEO Complaints, Proceedings, 17th International Meeting, Society of Professionals in Dispute Resolution (1989)

Arbitrating Union Security Fee Disputes, in Dispute Resolution: An Open Forum, 1986 Proceedings Fourteenth International Conference of SPIDR 118 (1986)