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Attorney Gottesman observes a resistance in the lower federal courts to accept principles that the Supreme Court enunciated in Misco, the lower courts expansively applying the limited exceptions to the…

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Other people’s messes: The arbitrator as cleanup hitter

Professor Heinsz discusses the authority of arbitrators to reconsideration the earlier decisions of other arbitrators. His observations include the results of a questionnaire that he sent Academy members. Rolf Valtin…

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A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an extensive analysis of the survey…

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Judicial review of labor arbitration awards:The view from the bench

An examination of the judicial vacatur of arbitration decisions since the Steelworkers Trilogy, and the rationale for those court rulings. The article includes an appendix of rulings by the Fifth…

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Judge Reinhart assesses the criteria on which judges overturn, or refrain from overturning labor arbitrators’ decisions….

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Life after Misco

A review of public policy challenges since Misco and forecast of further judicial review of labor arbitration awards. The author notes that the litigation to vacate arbitrators’ awards, even if…

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