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Originally from Journal of American Arbitration (JAA)
II. THE UNITED STATES SUPREME COURT’S ACCEPTANCE OF ARBITRATION OF STATUTORY CLAIMS
A. The Death of Subject-Matter Inarbitrability
B. All Employees Are Not Immune
C. The Aftermath
III. WHY WE CAN’T STOP TALKING ABOUT THIS
IV. ARBITRATOR NEUTRALITY: HOW CAN WE ENSURE EMPLOYEES ARE MEANINGFULLY REPRESENTED?
A. Neutrality, Impartiality and the Appearance of Bias: What the Law Reaches
B. Neutrality, Impartiality and Bias: What the Law has Difficulty Reaching
C. One Approach to Ensuring that Employees are Meaningfully Represented
V. SOME MEDIATION LESSONS FOR ARBITRATION?