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 Michael Z. Green
Professor of Law and Associate Dean
for Faculty Research & Development
Texas Wesleyan University School of Law
1515 Commerce Street
Fort Worth, TX 76102
Phone: (817) 212-4140 Fax: (817) 212-3965
Email Professor Green
LL.M. University of Wisconsin – Madison Law School. J.D. cum laude Loyola University Chicago School of Law. M.S. Loyola University Chicago Institute of Human Resources and Industrial Labor Relations. M.B.A. California Lutheran University. B.S. Electrical Engineering, University of Southern California. Hastie Teaching Fellowship. Chief lead articles editor, Loyola Consumer Law Review. Member, Alpha Sigma Nu; American Law Institute.
Visiting professor, Florida State University College of Law; adjunct professor, Southern Methodist University Graduate Education Program Center for Dispute Resolution; visiting professor, Hamline University School of Law Summer Dispute Resolution Program; associate professor, Florida Coastal School of Law; Hastie teaching fellow, University of Wisconsin Law School; of counsel, associate, Franczek Sullivan P.C.; lecturer, Loyola Institute of Industrial Relations; associate, Lord, Bissell & Brook; associate, Brown, Todd & Heyburn; law clerk, Dowd & Bloch; law clerk, Navistar Corporation; manufacturing manager, Procter & Gamble. Published in Brandeis Law Journal, Berkeley Journal of Employment and Labor Law, Howard University Law Journal, Chicago-Kent Employee Rights and Employment Policy Journal, University of Pennsylvania Journal of Labor and Employment Law, Journal of American Arbitration, Florida Coastal Law Journal, Nevada Law Journal, Penn State Dickinson Law Review, Rutgers Law Journal, Loyola Consumer Law Reporter, and Texas Wesleyan Law Review.
Course Interests/Research/Teaching Areas
ADR in the Workplace
Arbitration
Dispute Resolution
Employment Discrimination
Employment Law
Evidence
Labor Law
Current and Forthcoming Projects
Union Agreements to Arbitrate Statutory Claims
Arbitrators Raising Evidentiary Matters
The Meaning of Retaliation in Employment
New Issues for Workplace Defamation
The Value of Interest Arbitration
Selected Publications
"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]
"A New Call to Action: Selecting Diverse Arbitrators," 36 A.B.A. Lab. & Emp. L. Sect. Newsletter 5 (Fall 2007)
Quoted in Marcia Reed Woodard, "What's the Point? How to Present a Stellar Argument," Black Enterprise Mag. (Aug. 2, 2007).
"Ethical Incentives for Employers in Adopting Legal Service Plans to Handle Employment Disputes," 44 Brandeis L.J. 395(2006). [Hein] [LexisNexis] [Westlaw]
"Understanding the Ex Parte Communications Ban in Employment Disputes "I shouldn't be talking to you about this, but....," 17 No. 2 Practical Litigator 25 (ALI-ABA) (Mar.2006).
"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]
"Race and Neutrality in the ADR of Employment Discrimination Claims: Are They Divergent Interests? An Interview With Michael Z. Green," 4 J. of Amer. Arb. 311 (2005).
"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]
"A 2001 Employment Law Odyssey: The Invasion of Privacy Tort Takes Flight in the Florida Workplace," 3 Fla. Coastal L.J. 1 (2001) [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]
"Preempting Justice Through Binding Arbitration of Future Disputes: Mere Adhesion Contracts or A Trap for the Unwary Consumer?," 5 Loy. Consumer L. Rep. 112 (1993)[Westlaw]
Selected Presentations
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)
Presenter, First Annual Colloquium on Current Scholarship in Labor & Employment Law, ADR Panel, "Negotiating A Call to Action for Selection of Diverse Arbitrators in Employment Discrimination Matters," Milwaukee, Wisconsin (October 27, 2006)
American Bar Associaton, Best of the 2006 Midwinter Meetings Teleconference Series, Bias in the Legal Profession - Et Tu, Brute? Understanding and Correcting a Pernicious Problem, "Bias in the Legal Profession in Labor and Employment Arbitrator Selection," National Teleconference (October 11, 2006)
Presenter, FMCS 13th National Labor-Management Conference, “Confronting Changing Times: Paths to Partnership: Gilmer and the Civil Rights Act of 1991 at Fifteen: Is There Any Role for Unions in Employment Discrimination Arbitration?” Chicago, Illinois (August 17, 2006)
Presenter, ABA Annual Meeting, Labor and Employment Law Section, Committee on Ethics and Professional Responsibility: “Ethical Bias in the Selection of Arbitrators and Mediators,” Honolulu, Hawaii (August 8, 2006)
Presenter, Southeastern Association of Law Schools (SEALS), Law, Economics and Race, "Black Workers and Employment Discrimination Regulation: A Concern of the Past or Does Leveraging Diversity Provide Economic Justification?" Palm Beach, Florida (July 20, 2006)
Presenter, Southwest/Southeast People of Color Regional Scholarship Conference, Employment Panel: Coalition Building – A Viable Strategy? “The State of Affairs for Black Workers in the Twenty First Century: Black Males Need Not Apply?” Santa Fe, New Mexico (April 8, 2006)
Presenter, Tarrant County Bar Association, Brown Bag Seminar, “Employment Discrimination Law Update,” Fort Worth, Texas (March 31, 2006)
Presenter, ABA Section of Labor and Employment Ethics and Professionalism Committee Midwinter Meeting: “Bias Against Black Employment Attorneys and Arbitrators: The Ethical Dilemmas in Working for Employers on Matters of Race,” and “ADR Subcommittee Report: Issues that Derail Mediation of Employment Disputes for the Unrepresented Employee,” Puerto Vallarta, Mexico (March 17 and 18, 2006)
Presenter, "Race and Neutrality in ADR of Employment Discrimination Claims: Are They Divergent Interests?," Symposium on Neutrality and Impartiality in Alternative Justice, The Penn State Dickinson School of Law, Carlisle, PA (Sep. 10, 2005)
Presenter, "Circumventing the Ethical Ban on Ex Parte Communications Between a Lawyer and an Opposing Party or Person Represented by a Lawyer in Employment Disputes," ABA Annual Convention, Labor and Employment Section, Chicago, IL (Aug. 7, 2005)
Moderator, "Junior Faculty Works-in-Progress Panel," Southeastern Association of Law Schoools (SEALS), Hilton Head, SC (July 23, 2005)
Presenter, "The Ethics of Employer-Sponsored Legal Service Plans: Employment Discrimination Dispute Resolution in the New Millennium," 22nd Annual Carl A. Warns Labor & Employment Law Institute: University of Louisville Louis D. Brandeis School of Law, Louisville, KY (June 17, 2005)
Presenter, Disparate Impact, Disparate Treatment: Discrimination in American Society, "Black Workers and Employment Dispute Resolution in the Twenty-First Century," Law and Society Annual Meeting, Las Vegas, NV (June 3, 2005)
Presenter, “Subcommittee Report: Workplace Investigations and Recent Fair Credit Reporting Act Amendments: FACT Act or Fiction Act?” and “The Proverbial Elephant in the Room: Are Human Resource and Labor Relations Professionals Involved in the Unauthorized Practice of Law?,” ABA Section of Labor and Employment Law, Ethics Committee Midwinter Meeting, Miami Beach, Florida (Jan. 15, 2005)
Presenter, “A Critical Look at ADR in Resolving Race-Based Workplace Discrimination Disputes,” Wiley A. Branton-Howard Law Journal Memorial Symposium, The Unfinished Business of the Civil Rights Act of 1964: Shaping an Agenda for the Next 40 Years, Howard University Law School, Washington, D.C. (Nov. 12, 2004)
Presenter, “Tackling Employment Discrimination With ADR: A Shield for the Haves or Real Opportunity for the Have Nots?," Employment Law Panel: Upcoming Challenges in Employment Discrimination Law, 2nd National People of Color Legal Scholarship Conference, George Washington University School of Law, Washington, D. C. (Oct. 9, 2004)
Moderator, “ADR Panel,” 2nd National People of Color Legal Scholarship Conference, George Washington University School of Law, Washington, D.C. (Oct. 7, 2004)
Presenter, “Using Criminal Prosecution as a Bargaining Chip in Employment Mediation: A Potential Ethical Trap for the Unwary Lawyer in Some Jurisdictions,” ABA Annual Convention, Labor and Employment Section, Atlanta, Georgia (Aug. 10, 2004)
Presenter, “Self-Represented Employees in Discrimination Disputes: An Opportunity for Unions to Embrace Racial Justice,” AALS Workshop on Racial Justice in a New Millennium: From Brown to Grutter Methods to Achieve Non Discrimination and Comparable Racial Equality, Portland, Oregon (June 15, 2004)
Presenter, Law and Managing Labor Rights – “Read My Lips: No More Regulation of Employer Labor Organizing Campaign Promises," Law and Society Annual Meeting, Chicago, Illinois (May 30, 2004)
Presenter, Law and the Public-Private Dichotomy: The State and Justice– "Mediation of Employment Disputes Examined Under the Lens of Social Justice: Tilting at Neutrality Windmills While Expecting a Transformative Pipedream," Law and Society Annual Meeting, Chicago, Illinois (May 29, 2004)
Presenter, “Advocacy for Unrepresented Workplace Disputants: Power Imbalance Issues,” Problem Solving Processes: Peacemakers and the Law, Fort Worth, Texas (April 30, 2004)
Presenter, “Agreements to Arbitrate Future Employment Disputes As a Condition of Employment: Are They Really Racially Restrictive Covenants?,” ABA Dispute Resolution Section, Perspectives on Race and ADR From Law Professors of Color & Teachers of Dispute Resolution, New York, New York (April 16, 2004)
Moderator, Employment Law in the European Union, Texas Wesleyan School of Law and the International Law Section of the Dallas Bar Association (March 25, 2004)
Presenter, “Unauthorized Practice of Law Concerns For Neutrals in Employment Disputes,” ABA Section of Labor and Employment Law, Ethics Committee Midwinter Meeting, Puerto Vallarta, Mexico (Jan. 17, 2004)
Presenter, “Intentional Conversations About Restorative Justice, Mediation and the Practice of Law: How Does the Concept of Restorative Justice, as Compared With Justice Expressed in Mediation and the Practice of Law, Relate to a Broader Social Context, Including Dynamics of Race, Class and Other Social Identities?” Hamline University School of Law, Symposium on Advanced Issues in Dispute Resolution, St. Paul, Minnesota (Nov. 1, 2003)
Presenter, “Mediation and Unauthorized Practice of Law,” Tarrant County Association of Mediators Monthly Meeting, Fort Worth, Texas (Sep. 8, 2003)
Presenter, "Lawyers on the Road, Multi-Jurisdictional Practice Issues When Lawyers Act as Mediators, Arbitrators, Negotiators & Advisors for Employment Disputes in States Where They are Not Admitted to Practice Law," ABA Annual Convention, San Francisco, California (Aug. 10, 2003)
Presenter, "Infusing ADR in the Civil Procedure Course," AALS Midyear Civil Procedure Conference, New York, New York (June 19, 2003)
Presenter, ABA Section of Labor & Employment Law 2003 Mid-Winter Meeting of ADR Committee, "An Examination of Court-Annexed and Agency-Based Mediation of Employment Disputes," San Juan, Puerto Rico (March 19, 2003)
Presenter, Role of Contract in the Modern Employment Relationship: “Opposing Excessive Use of Employer Bargaining Power in Mandatory Arbitration Agreements Through Collective Employee Actions,” Texas Wesleyan Law School, Fort Worth, Texas (March 7, 2003)
Presenter, "Regulating Unkept Labor Campaign Promises," Young Scholars Workshop, Southeastern Association of American Law Schools (SEALS) Conference, Kiawah Island, South Carolina (Aug. 2, 2002)
Presenter, "Mandatory ADR: Impacts on Minority Groups & the Quest for Justice," AALS Annual Program, Co-sponsored by the ADR & Minority Sections, New Orleans, Louisiana (Jan. 5, 2002)
Presenter, Oxford Roundtable on Employment Discrimination, "Mandatory Mediation," St. Antony’s College, Oxford, England (Aug. 12-17, 2001)
Presenter, Council on Education in Management - Progressive Discipline, Coaching and Termination Law: “Mediation and Arbitration: Cost Effective Solutions For Improving Employee Relations,” Chicago, Illinois (Oct. 5, 1999)
Presenter, 12th Annual Loyola EEO Conference: “Retaliation: What It Is and How To Prevent It,” (May 13, 1999)
Presenter, Council on Education in Management - EEOC Compliance Practices Conference: “Steering Clear of the Trickiest Wage and Hour Issues That Set You Up For An EEOC Discrimination Lawsuit,” (May 12, 1999)
Presenter, Loyola/Center For Employment Dispute Resolution Conference, How Collective Bargaining Works and How To Improve It: “A Primer on Labor Relations and Preparing For Collective Bargaining Negotiations” and “Evidentiary Problems in Arbitration,” (June 11, 1998)
Presenter, 11th Annual Loyola EEO Conference: “Due Process and Effective Strategies for Lawful Terminations,” (Apr. 24, 1998)
Presenter, Illinois Chamber of Commerce: “Navigating Wage and Hour Minefields” and “New Privacy Issues For Illinois Employees,” (Oct. 1997 - Rockford, Illinois and June 1997 - Chicago, Illinois)
Presenter, Chicago Association of Minority Recruiters, “Mediation and Other Available Alternatives To Litigating Employment Disputes” (May 1997)
Presenter, 10th Annual Loyola EEO Conference: Hiring, Firing and Everything in Between - Managing A Diverse Workforce in the 90s, “Employment Discrimination Issues in Mentoring, Career Development and Performance Appraisals: Can We All Just Move Along?” Chicago, Illinois (Oct. 15, 1996)
Presenter, 9th Annual Loyola EEO Conference: EEO Law, Diversity and Affirmative Action, “How to Hire, Promote, and Terminate Without Getting the Employment Discrimination Blues” Chicago, Illinois (Nov. 9, 1995)
Guest, “WVON Live” Radio Show, WVON-1450 AM (10 minute interview discussing Center For Employment Dispute Resolution, upcoming EEO Conference and ADR) Chicago, Illinois (Nov. 8, 1995)
Guest, “Sunday Morning Live” Radio Show, WVAZ-102.7 FM (60 minute interview discussing Center For Employment Dispute Resolution, upcoming EEO Conference and ADR) Chicago, Illinois (Nov. 5, 1995)
Guest, “Chicago Connection” Radio Show, WBBM-96.3 FM (30 minute interview discussing Center For Employment Dispute Resolution, upcoming EEO Conference and ADR) Chicago, Illinois (Nov. 5, 1995)
Guest, “Minority Business Report” Television Show, WGN-TV Superstation, Channel 9 (10 minute interview discussing Center For Employment Dispute Resolution, upcoming EEO Conference and ADR) Chicago, Illinois (Nov. 4, 1995)
Community Interests
Co-Chair, American Bar Association Dispute Resolution Section Advocacy Committee
Neutral Co-Chair, Subcommittee on Alternative Dispute Resolution for the American Bar Association's Labor and Employment Section Committee on Ethics and Professional Responsibility
Member, American Bar Association Legal Opportunity Scholarship Committee
Member, Consultative Group for the American Law Institute's Restatement of Employment Law Project
Panel Member, American Arbitration Association National Roster of Labor Arbitrators
Panel Member, Cornell Institute on Conflict Resolution National Roster of Employment Arbitrators and Employment Mediators
Panel Member, Dallas Area Rapid Transit Trial Board Fiscal Year 2008-10
Neutral Co-Chair, American Bar Association Labor and Employment Section Regional Student Trial Competition
Member, City of Fort Worth Employee Mediation Center Advisory Committee
Member, Tarrant County Bar Association Diversity Commitee
Personal Interests
Employment and labor arbitration and mediation, movies, music, and sports, especially basketball
Links of Interest
http://www.eeoc.gov
http://www.dol.gov
http://www.nlrb.gov
http://www.dilbert.com
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