The author asserts that substantive due process – a fair resolution of the merits of the case – requires that cases and general rules cited by the parties as precedent be re-examined – in the light of the case at hand – for the values they represent.
Value judgments in arbitration: Their impact on the parties’ arguments and on the arbitrator’s decisions
James B. Atleson, James A. Gross
March 16, 1997 Proceedings Database
James A. Gross
March 16, 1987 Proceedings Database