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Arbitration: toward a rebirth

The author discusses two recent Fifth Circuit Title VII cases that epitomize areas governed by statutory principles which might better be controlled by collective bargaining. In each case, an agreement…

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Decisional thinking: New York panel report

The decision-making process of arbitrators and judges is examined; differences in the forums and in their procedures are found to have an effect on decision-making. The comparisons are made in…

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A historical review of the evolution of the doctrine of arbitral immunity. Arbitrators are well protected, but even if a claim is summarily dismissed, an arbitrator may incur the expense…

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Decisional thinkingNew York panel report

A survey of the pooled knowledge and experience of judges, advocates, and arbitrators; as to how decisions come into being and how they are shaped by the institutional framework within…

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