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“The central question we face today is: Who decides?”  So began the majority opinion in the Supreme Court’s recent decision to block implementation of OSHA’s covid regulation.
Although the dissent vigorously disagrees with the majority’s decision, it agrees about what is the central issue in the case:  “Underlying everything else in this dispute is a single, simple question:  Who decides how much protection, and of what kind, American workers need from COVID–19?”
The “who decides” issue frequently arises in our dispute resolution field.  There is a body of legal doctrine about whether courts or arbitrators should decide various arbitration
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Continue Reading Who Decides