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What’s Up, Doc? Medical Conundrums in Arbitration

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a condition of continued employment.

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Hot topics in sports arbitration

The panelists discuss recent developments in sports arbitration including, especially, the Terrell Owens decision issued by Arbitrator Richard Bloch.

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Drug-testing disputes

A review of litigation over random and “reasonable suspicion” drug testing. The scientific and technical issues in drug-testing arbitration disputes are explored.

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The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume that they will know them when they see them…” The reasonable expectation of privacy of public employees will yield to reasonable grounds for suspecting that …

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