Unpublished Papers
Do Partisan Elections of Judges Produce Unequal Justice? When Courts Review Employment Arbitrations, ExpressO (2009)
Partisan election of judges is a growing concern as large contributions pour into judicial elections....
Crowning the New King: The Statutory Arbitrator and the Demise of Judicial Review, ExpressO (2008)
Judicial review of arbitration awards is highly deferential, but when does it become rubber stamping?...
Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations: An Empirical Analysis, ExpressO (2008)
State courts are creating conditions for moral hazard in the arbitration of employment disputes. The...
MISGUIDED FAIRNESS? REGULATING ARBITRATION BY STATUTE: EMPIRICAL EVIDENCE OF DECLINING AWARD FINALITY, ExpressO (2007)
The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress passed this...
HAPPILY NEVER AFTER: WHEN FINAL AND BINDING ARBITRATION HAS NO FAIRY TALE ENDING, ExpressO (2007)
We launched this empirical study 15 years after the Supreme Court decided Gilmer v. Interstate...
Other
Compulsory Labor in a National Emergency: Public Service or Involuntary Servitude? The Case of Crippled Ports, ExpressO (2006)
The 13th Amendment ban on involuntary servitude has new relevance as the U.S. grapples with...
As the Enterprise Wheel Turns: New Evidence on the Finality of Labor Arbitration Awards, ExpressO (2006)
Our study examines 281 federal court decisions from April 2001- May 2006 that ruled on...