Michael Z. Green
Associate Dean for Faculty Research & Development and Professor of Law
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Courses: ADR in the Workplace Seminar, Arbitration, Dispute Resolution, Employment Discrimination, Employment Law, Evidence, and Labor Law
Professor Michael Green has been a member of the faculty at Texas Wesleyan University School of Law since 2003. In June 2008, he was appointed to the inaugural position of Associate Dean for Faculy Research & Development. As the Dean for Faculty Research & Development, he expects to focus on creating programs to highlight the significant accomplishments of the faculty while continuing to nourish and support the development and success of faculty members as a whole. Professor Green’s scholarship focuses on labor and employment disputes and the intersection of race and alternatives to the court resolution process.
Professor Green was a visiting professor at Florida State University College of Law where he taught Evidence and Employment Discrimination during the Spring 2008 semester. He has taught as an adjunct professor in graduate programs at SMU and Loyola Chicago and in the Hamline University School of Law’s Summer Dispute Resolution Program. He previously served as an associate professor at Florida Coastal School of Law. Professor Green also taught at the University of Wisconsin School of Law as part of his duties as a recipient of the prestigious Hastie Teaching Fellowship. He practiced law in Chicago where he was an of counsel and associate at the firm of Franczek Sullivan P.C. and an associate at the firm, Lord, Bissell & Brook. He also worked as an associate in Louisville, Kentucky for the firm, Brown, Todd & Heyburn. His legal practice experience focused on representing clients in labor and employment disputes.
Professor Green, elected as a member of the American Law Institute in October 2006, serves on the Consultative Group on the Restatement Third of Employment Law. Among his many other professional activities, Professor Green is a labor and employment mediator and arbitrator who serves as a member of the American Arbitration Association’s National Labor Arbitration panel and as a hearing officer for the Dallas Area Rapid Transit Trial Board. He also was appointed in 2008 to be the co-chair of the American Bar Association Dispute Resolution Section's Committee on Advocacy. He is the co-chair of the Subcommittee on ADR for the American Bar Association Labor and Employment Section’s Committee on Ethics and Professional Responsibility.
A frequently requested speaker, Professor Green has presented at dozens of conferences on matters pertaining to labor and employment law and dispute resolution. Professor Green holds a LL.M. from the University of Wisconsin School of Law, a J.D., cum laude, and an M.S. in Human Resources and Industrial Relations from Loyola Chicago, an M.B.A. from California Lutheran, and a B.S. in Electrical Engineering from the University of Southern California.
Selected Publications, 2000-Present
Measures to Encourage and Reward Post-Dispute Agreements to Arbitrate Employment Discrimination Claims, 8 NEV. L.J. 58 ( 2007). [LexisNexis] [Westlaw]
Ruminations About the EEOC’s Policy Regarding Arbitration, 11 EMPLOY. RTS & EMP. POL’Y J. 139, 154-204 (2007) (from Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases: Proceedings of the 2007 Annual Meeting, Association of American Law Schools Sections on Employment Discrimination and Alternative Dispute Resolution). [LexisNexis] [Westlaw]
Ethical Incentives for Employers in Adopting Legal Service Plans to Handle Employment Disputes, 44 BRANDEIS L.J. 395 (2006). [Hein] [LexisNexis] [Westlaw]
Tackling Employment Discrimination With ADR: Does Mediation Offer A Shield for the Haves or Real Opportunity for the Have-Nots?, 26 BERKELEY J. EMP. & LAB. L. 321 (2005). [Hein] [LexisNexis] [Westlaw]
Addressing Race Discrimination Under Title VII After Forty Years: The Promise of ADR as Interest-Convergence, 48 HOWARD L.J. 937 (2005). [Hein] [LexisNexis] [Westlaw]
An Essay Challenging the Racially Biased Selection of Arbitrators for Employment Discrimination Claims, 4 J. OF AMER. ARB. 1 (2005). [Westlaw]
Finding Lawyers for Employees in Discrimination Disputes as a Critical Prescription for Unions to Embrace Racial Justice, 7 U. PA. J. LAB. & EMP. L. 55 (2004). [Hein] [LexisNexis] [Westlaw]
Opposing Excessive Use of Employer Bargaining Power in Mandatory Arbitration Agreements Through Collective Employee Actions, 10 TEXAS WESLEYAN L. REV. 77 (2003). [Hein] [LexisNexis] [Westlaw]
Proposing A New Paradigm For EEOC Enforcement After Thirty Five Years: Outsourcing Charge Processing By Mandatory Mediation, 105 DICKINSON L. REV. 305 (2001). [Hein] [LexisNexis] [Westlaw]
Debunking The Myth of Employer Advantage From Using Mandatory Arbitration For Employment Discrimination Claims, 31 RUTGERS L.J. 399 (2000). [Hein] [LexisNexis] [Westlaw]
Selected Presentations, 2007-Present
Presenter, The Center for American and International Law, 47th Annual Course on Labor Law and Labor Arbitration, "Negotiation of Collective Bargaining Agreements," Plano, Texas (April 23, 2009)
Presenter, American Bar Association, Section of Dispute Resolution,11th Annual Conference, panel on Whither Gilmer and Gardner-Denver?: 14 Penn Plaza v. Pyett as a New Fountainhead Case in Labor Law, "Collective Bargaining Waivers to Process Statutory Discrimination Claims Through Grievance Arbitration," New York, New York (April 16, 2009)
Presenter, American Bar Association, Section of Labor and Employment, Employment Rights and Responsibilities Committee Midwinter Meeting, panel on "Sexual Harassment in the Union and Non-Union Setting," in which arbitrators and advocates discussed the key differences in union labor arbitration and non-union employment arbitration, Key West, Florida (March 28, 2009)
Presenter, American Bar Association, Section of Labor and Employment, Ethics & Professional Responsibility Committee Midwinter Meeting, panel on Issue Conflicts, Positional Conflicts, and Business Conflicts, "Another Matter to Address in the Mandatory Arbitration Debate: Which Side are You On Regarding Positional Conflicts of Interest?," Key West, Florida (March 27, 2009)
Presenter, Littler Mendelson Employment & Labor Law Lecture, "Where are We Going With the Merger of Employment Discrimination Claims and Alternative Dispute Resolution?," Cleveland-Marshall College of Law, Cleveland, Ohio (March 12, 2009)
Presenter, Texas Wesleyan Law Review Symposium, Alternative Dispute Resolution: Exploring the new standard of diligent settlement advocacy facing today’s litigator, "Why Advocates Should Not Expect Strict Adherence to the Rules of Evidence in Labor and Employment Arbitration," Texas Wesleyan University School of Law, Fort Worth, Texas (February 13, 2009)
Presenter, AALS Annual Meeting, Evidence Section Poster Presentation, "No Strict Evidence Rules in Labor and Employment Arbitration," San Diego, California (January 9, 2009)
Presenter, Second Annual AALS Dispute Resolution Section Works-in-Progress Program, "Searching for the Wright and Pyett Answer to Collective Bargaining Arbitration of Statutory Claims," Arizona State College of Law, Phoenix, Arizona (October 25, 2008)
Presenter, Third Annual Colloquium on Current Scholarship in Labor and Employment Law, "Retaliatory Aspects of Compelling Employees to Arbitrate," University of San Diego School of Law, San Diego, California (October 24, 2008)
Presenter, Tarrant County Bar Association Brown Bag Seminar Series, Why Diversity? It's Good Business, "Ethical Obligations to Address Diversity as a Solution to Obtain a Critical Mass," Texas Wesleyan University School of Law, Fort Worth, Texas (October 10, 2008)
Presenter, Thirteenth Annual LatCrit Conference, Panel on Sex, Race and Other Identities at the Intersections, "Doubting the Thomases: Is Black on Black Workplace Sexual Harassment an Issue of Race or Sex or Both?" University of Seattle School of Law, Seattle, Washington (October 4, 2008)
Presenter, American Bar Association Annual Labor and Employment Section Conference, "Witness Preparation and Ex Parte Communications: A Fundamental Discussion," Denver, Colorado (September 11, 2008)
Presenter, Southeastern Association of Law Schools (SEALS) annual conference and labor and employment panel on the Impact of Retaliation in the Workplace After Burlington v. White, "Retaliatory Aspects of Compelling Employees to Arbitrate," Palm Beach, Florida (August 1, 2008)
Presenter, 14th National Labor-Management Relations Conference sponsored by the Federal Mediation Conciliation Services, "identifying and Cultivating a Diverse Pool of Arbitrators: Reviewing the Biases and the Ethics Involved Within the Selection Process," Washington, D.C. (June 2, 2008)
Presenter, Twenty-Fifth Annual Carl Warns, Jr. Labor and Employment Law Institute, University of Louisville Brandeis School of Law, "To Prepare or not to Prepare Witnesses During An Employment Deposition: Ethically, is that not the Question or is it Balancing the Duty to the Client with the Duty to the Tribunal and Others Regarding Truthfulness?" Louisville, Kentucky (May 30, 2008)
Presenter, ABA Section of Labor and Employment Employee Rights and Responsibilities Committee Midwinter Meeting, "Ethical Issues for In-House Counsel Regarding Employment Litigation," Dana Point, California (April 4, 2008).
Presenter, ABA Section of Labor and Employment Ethics and Professionalism Committee and Equal Employment Opportunity Committee Joint Midwinter Meeting, "The Ethics of Preparing Witnesses for Testimony," Tucson, Arizona (March 27, 2008)
Presenter, Labor Employment Relations Association 60th Annual Meeting: Rebuilding America in a Changing Global Context, Workers' Rights in the Aftermath of a Disaster, "What Hurricane Katrina Should Have Taught Employers About Using Expedited ADR to Address Employment Matters in a Crisis," New Orleans, Louisiana (January 5, 2008)
Presenter, Southwest Conflict Resolution Network, "Arbitration of Employment Disputes: Will It Continue or Diminish?" SMU Center for Dispute Resolution and Conflict Management, Plano, Texas (November 20, 2007)
Presenter, Twelfth Annual LatCrit Conference, Fifth Annual LatCrit-SALT Junior Faculty Development Workshop, On Scholarship: What to Write and How to Finish, "Developing a Scholarly Agenda to Obtain Tenure: Know Yourself and Know Your Institution," Miami Beach, Florida (October 5, 2007)
Presenter, Second Annual Colloquium on Current Scholarship in Labor and Employment Law, "Searching for the Wright Answer to Collective Bargaining Arbitration of Statutory Claims," Denver, Colorado (September 28, 2007)
Presenter, Texas Wesleyan School of Law Fall 2007 Faculty Development Speaker Colloquium Series, "Searching for the Wright Answer to Collective Bargaining Arbitration of Statutory Claims," Fort Worth, Texas (September 25, 2007)
Presenter, Southeastern Association of Law Schools (SEALS) Employment Law Panel on the Civil Rights Act of 1991 After Fifteen Years, "The Suspicious Enforcement of Arbitration for Title VII Claims After the Civil Rights Act of 1991 Granted the Right to Jury Trials and Punitive Damages: What Congress Could Not Have Intended," Amelia Island, Florida (July 31, 2007)
Presenter, 3rd National Conference of Minority Professionals in Alternative Dispute Resolution, "Leveraging Opportunities for Minority Arbitrators through Mandatory Arbitration Agreements," Columbus, Ohio (May 17, 2007)
Presenter, Langston Hughes Lecturer, "Black Workers and Collective Approaches to Dispute Resolution in 2007," University of Kansas, Lawrence, Kansas (April 19, 2007)
Commentator/Presenter, National Academy of Arbitrators 2007 Spring Education Conference, Beyond the Protocol: The Future of Due Process in Workplace Dispute Resolution, "Regarding Empirical Research on Due Process in Employment Arbitration," Chicago, Illinois (April 14, 2007)
Presenter, Southwest/Southeast People of Color Regional Scholarship Conference, Employment Panel: "Negotiating A Call to Action for Selection of Diverse Arbitrators in Employment Discrimination Matters," Orlando, Florida (Mar. 17, 2007)
Presenter, ABA Section of Labor and Employment Ethics and Professionalism Committee Midwinter Meeting: "Arbitrators' Duties When Counsel Are Or Are Not Present During Proceedings: Should the Rules of Evidence Matter?" Manzanillo, Mexico (Feb. 18, 2007)
Presenter, Saltman Center for Conflict Resolution University of Nevada-Las Vegas School of Law Symposium: Rethinking the Federal Arbitration Act, "Measures to Encourage and Reward Post-Dispute Agreements to Arbitrate," Las Vegas, Nevada (January 26, 2007)
Presenter, AALS Panel Jointly Sponsored by the Dispute Resolution and Employment Discrimination Sections, Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases Jointly, "The EEOC’s Role in Setting Policy About ADR and Why it Has Dropped the Ball Regarding Arbitration," Washington, D.C. (January 5, 2007)
More details about Professor Green’s background may be found by clicking onto his faculty webpage.