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November 2007

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Subject:
From:
Robert Bird <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Fri, 30 Nov 2007 13:31:01 -0500
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Timothy J. Travers, Annotation, Arbitrator's Power to Award Punitive Damages, 83 A.L.R.3d 1037 (collecting cases). 
 
Apparently courts are split on the issue, thus a great topic for a law review article.
 
Robert C. Bird
Assistant Professor
University of Connecticut
email: [log in to unmask] <mailto:[log in to unmask]> 
View my research on my SSRN Author page: 
http://ssrn.com/author=56987 <http://ssrn.com/author=56987>  

________________________________

From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Richard L. Coffinberger
Sent: Fri 11/30/2007 1:24 PM
To: [log in to unmask]
Subject: Question re: arbitration and punitive damage awards



Colleagues: I have searched for information on whether an arbitrator can award punitive damages
to no avail.  I would appreciate some guidance and/or citations.

Thanks,
Rick
[log in to unmask]

----- Original Message -----
From: Robert Bird <[log in to unmask]>
Date: Thursday, November 29, 2007 10:46 pm
Subject: Re: http://lawprofessors.typepad.com/laborprof_blog/

> An article of mine has actually been read, hooray!
>
> Thanks Marsha for the link.
>
> Robert
>
> Robert C. Bird
> Assistant Professor
> University of Connecticut
> email: [log in to unmask] <mailto:[log in to unmask]>
> View my research on my SSRN Author page:
> http://ssrn.com/author=56987 <http://ssrn.com/author=56987> 
>
> ________________________________
>
> From: Academy of Legal Studies in Business (ALSB) Talk on behalf
> of Marsha Hass
> Sent: Thu 11/29/2007 8:13 PM
> To: [log in to unmask]
> Subject: http://lawprofessors.typepad.com/laborprof_blog/
>
>
>
> Bird on the Duty of Good Faith in the Employment Context
>
>
> 
> <http://lawprofessors.typepad.com/.shared/image.html?/photos/uncategorized/2007/11/29/rbird.jpg>  Robert C. Bird <mailto:[log in to unmask]>  (U. Conn. - Marketing) has just posted on SSRN his article (forthcoming Pace L. Rev.) An Employment Contract 'Instinct With an Obligation': Good Faith Costs and Contexts <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1033041> .  Here's an excerpt from the abstract:
>
>       This article arises from a symposium sponsored by Pace University
> School of Law celebrating the ninetieth anniversary of the famous
> decision of Wood v. Lucy, Lady Duff-Gordon ....
>
>       Three challenges exist to the orderly development of the good
> faith doctrine in employment law. First, the meaning of good faith
> remains far from certain. Courts have intermingled good faith with
> other employment doctrines thereby hindering its widespread
> acceptance. Second, the good faith covenant in employment lacks
> mutuality. Usually bilateral in the contractual context, the
> covenant remains an obligation that usually runs only from the
> employer to the employee. The questions of whether the covenant
> should obligate employees and what the consequences of such an
> obligation could be remain unaddressed. Finally, and perhaps most
> interestingly, there is a limited understanding of the costs of
> the good faith duty. The emerging empirical work studying the
> effects of wrongful discharge law, of which the duty of good faith
> is a part, reveals potential economic costs of this important
> doctrine articulated by Judge Cardozo ninety years ago.
>
> Yes, indeed -- good faith in the employment context is clear as
> mud.  Good work, Robert!
>
> rb
>
> November 29, 2007 in Scholarship
> <http://lawprofessors.typepad.com/laborprof_blog/scholarship/index.html>  | Permalink <http://lawprofessors.typepad.com/laborprof_blog/2007/11/bird-on-the-dut.html>  | Comments (0) <http://lawprofessors.typepad.com/laborprof_blog/2007/11/bird-on-the-dut.html#comments>  | TrackBack (0) <http://lawprofessors.typepad.com/laborprof_blog/2007/11/bird-on-the-dut.html#trackback> 
>

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