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Friday, October 3, 2014

Precedent in Labor and Employment Arbitration

The Use and Abuse of Precedent in Labor and Employment Arbitration, 52 U. Louisville L. Rev. 431 (2014), by Michigan Law Professor Theodore J. St. Antoine.

The abstract:

Today I believe that the vast majority of arbitrators and advocates would agree that precedent has a salutary role to play in the arbitral process. The situation is different, of course, from the function of precedent or stare decisis (translated by a fabled country lawyer as “the mistake stands!”) in the judicial system. There, the hierarchy of courts calls for lower courts to treat as binding the decisions rendered by higher courts. And to maintain the benefits of uniformity, predictability, and stability in the legal system, even the superior courts are reluctant to overturn their own precedent except for some compelling reason.

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