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52 U. Louisville L. Rev. 443 (2014)
Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers
Kristen M. Blankley*
Abstract

While not explicit in my previous research, arbitrators can and should be the first line of defense in dealing with participant misconduct. In fact, arbitrators are already equipped with the tools for enforcing their own tribunals, both by their inherent powers as well as by rules of provider organizations. My previous writings mistakenly presumed that arbitrators have and should execute these powers to ensure a fair tribunal. To date, however, no scholarship has examined the arbitrator’s ability to regulate and police the conduct of participants, especially to correct for ethical shortcomings. This Article seeks to fill this void in the scholarship.

* Assistant Professor, University of Nebraska College of Law. Many thanks to the people who helped throughout the editing and drafting process, including Steve Wilborn, Richard Moberly, Maureen Weston, Sarah Cole, and Ariana Levinson. Thank you to the University of Louisville Brandeis School of Law for allowing me to present an early version of this paper at the 30th Annual Carl A. Warns, Jr. Labor & Employment Law Institute in June 2013. Many thanks to my research assistants, Justin Yates and Nick Holle, for their assistance. Thanks and love to Michael Douglass, Jr.