Publications and Speeches
BOOKS
- Author, Collective Bargaining Law in Ohio (West Publishing, 1993). This 788-page treatise has been cited by Ohio's highest courts. It is out of print but, when current, it was regarded as the definitive text on labor law and impasse resolution in the state.
- Editor in Chief, ADR in Employment Law, a treatise that is being produced by the American Bar Association’s Labor and Employment Law Section and will be published in 2008 by BNA Books, Inc.
- Associate Editor, Discipline and Discharge in Arbitration (Brand, ed., ABA/BNA Books, Inc., 1998)
- Contributing Author, The Common Law of the Workplace: The Views of Arbitrators, Second Edition (St. Antoine, ed., NAA/BNA Books, Inc., 2005)
- Board of Editorial Reviewers, How ADR Works (Brand, ed., ABA/BNA Books, Inc., 2002)
SELECTED ARTICLES AND PAPERS
- “AAA’s New Employment Arbitration Rules,” The Practical Lawyer (forthcoming, August 2007)
- “The Protocol in Practice: Reflections, Assessments, and Suggested Actions,” Chicago-Kent College of Law Review (forthcoming, Fall 2007)
- “Discovery in Arbitration: Arbitral Authority to Direct Discovery and Impose Sanctions,” ABA Telecast, Use and Abuse of Discovery in Employment and Labor Arbitration (December 2005)
- “Comparing and Contrasting Employment Arbitration with Labor Arbitration,” American Arbitration Association Neutrals’ Conference (September 2005)
- “The View from the Head of the Table: An Arbitrator’s Observations and Suggestions,” The Municipal Lawyer (New York State Bar Association, Winter 2005)
- “Arbitral Disclosures: Protecting the Process and Giving Meaning to the Right to Choose the Decision-Maker,” Metropolitan Corporate Counsel (November 2003)
- “Employment Arbitration: Structure, Law, and Practice,” 2003 National CLE Conference on Labor and Employment Law (LEI, Inc., 2003)
- “The Evolving Role of Arbitration in the Workplace,” University of Louisville 2001 Carl Warns Institute (2002)
- “Manifest Disregard of the Law: Why Written ‘Reasoned Awards’ Are Preferred in Employment Arbitration,” Conflict Management (ABA Litigation Section, ADR Committee, Spring 2001)
- “Arbitrating Wrongful Termination Claims,” Practising Law Institute (2001)
- “From the Arbitrator’s Desk,” a quarterly column appearing in the Association for Conflict Resolution Workplace Newsletter (2005 – present)
RECENT SPEECHES
- New Jersey Judicial College, 2004: “What Judges Need to Know about Arbitration”
- University of Louisville Law School, Carl Warns Institute
2006: “Electronic Discovery in Arbitration”
2001: “The Evolving Role of Arbitration in the Workplace”
- Pacific Coast Labor Law Conference, 2004: “Dealing with Threats and Violence in the Workplace: An
Arbitrator’s Perspective”
- Georgetown University Employment Law and Litigation Institute, 2004: “Effective Advocacy in Employment Arbitration”
- Law Education Institute, Snowmass, Colorado
2007: “Corporate ADR Programs: One Size Fits All?”
2006: “Pre-Hearing Processes in Employment Arbitration”
2005: “Fight Nicely: Common Disputes in Employment Arbitration”
2004: “Dealing with Abuses in the Arbitration Process”
2003: “Employment Arbitration: Structure, Law, and Practice”
- Association of the Bar of the City of New York
2004: “The Use of ADR in Employment Class Actions”
- American Bar Association, Labor and Employment Law Section
2006 Annual Meeting: “Disclosure in Employment and Labor Arbitration”
2005 Annual Meeting: “Advocacy in Employment Arbitration”
2004 Annual Meeting: “Ethics in Labor and Employment ADR”
2003 Annual Meeting: “Emerging Issues in Arbitration Ethics”
- American Bar Association, Business Law Section
2004 Annual Meeting: “Arbitrating Employment Claims”
- New York State Bar Association, Labor and Employment Law Section
2006 Fall Meeting: “High-Tech Evidence and Discovery in Labor and Employment Arbitration: Some Observations and Suggestions”
- New York State Bar Association, Municipal Law Section
2005: “The View from the Head of the Table”
- Ethics and Professional Responsibility Committee of the ABA Labor and Employment Law Section
2007 Midwinter Meeting: “The Challenges Arbitrators Face When Dealing with Unrepresented Parties”
2005 Midwinter Meeting: “Dealing with Abuses in the Arbitration Process”
2004 Midwinter Meeting: “Issues of Civility and Ethics in Labor and Employment Arbitration”
“Sanctions in Arbitration”
2003 Midwinter Meeting: “Ethics in ADR: An Update”
2002 Midwinter Meeting: “Ethics in ADR: An Update”
- ADR in Labor and Employment Law Committee of the ABA Labor and Employment Law Section
2005 Midwinter Meeting: “Discovery in Employment and Labor Arbitration”
2000 Midwinter Meeting: “Employment Arbitration and Labor Arbitration: Similarities and Differences”
- ABA Teleconference Series, 2005: “The Use and Abuse of Discovery in Labor and Employment Arbitration”
- National Academy of Arbitrators
2007 Annual Meeting: “Reliance on the Rules of Evidence in Arbitration” (Advocacy Program)
2004 Annual Meeting: “Evidence in Arbitration” (Advocacy Program)
- Federal Mediation and Conciliation Service
28th Annual Arbitration Symposium (2007): “How the Arbitrators Ruled”
