A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this Symposium is whether our private, voluntarily developed system of labor arbitration, or a system patterned on it, can operate effectively in a workplace that is increasingly subject to governmental regulation, including resurgent state regulation under more relaxed preemption law; in the public sector where the employer is the sovereign itself; and in industrial settings that in recent years have been more and more likely to lack a union presence.
St. Antoine, Theodore J. Afterword to Chi.-Kent L. Rev. 66 (1990): 845-60.