The Creeping Legalism Labor Arbitration
Friday, October 9, 2009


8:45 - 9:00


Deans R. Lawrence Dessem and Robert G. Bailey

9:00 - 9:50

Keynote Speaker

Disputatio: "Creeping Legalism" as a Declension Myth
Dennis R. Nolan, Webster Distinguished Professor Emeritus of Labor Law, University of South Carolina School of Law

10:00 - 11:15

Panel - Further Thoughts on "Creeping Legalism"

Professor S.I. Strong, Moderator

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

Mediation in Employment and Creeping Legalism: Implications for Dispute System Design
Lisa Blomgren Bingham, Keller-Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University, Bloomington

An Holistic Strategy for Coming to Grips with the Creeping Legalism of Labor Arbitration
Stephen L. Hayford, Professor of Business Law, Kelley School of Business, Indiana University, Bloomington

11:15 - 11:30


11:30 - 12:45

Panel - Recent Developments on "Creeping Legalism": 14 Penn Plaza v. Pyett Considered

Professor Richard Reuben, Moderator

Irreconcilable Deferences? The Troubled Marriage of Judicial Review Standards under the Steelworkers Trilogy and Federal Arbitration Act
Peter Feuille, Professor, School of Labor and Employment Relations, University of Illinois at Urbana-Champaign and Michael LeRoy, Professor, School of Labor and Employment Relations and College of Law, University of Illinois at Urbana-Champaign

Fallout from Pyett: Fractured Arbitration Systems in the Unionized Workplace
Ann C. Hodges, Professor of Law, School of Law, University of Richmond

The Evolving Schizophrenic Nature of Labor Arbitration
Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace, Chicago-Kent College of Law