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Arbitration: Trial by Other Means or Settlement by Other Means?

Vol: 38, Issue: 1
2003
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OVER A CENTURY ago, Oliver Wendell Holmes, Jr. wrote, "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." This definition offered a refreshing realism. It directed those who sought the law to turn away from the abstract legal principles found in dusty books and toward the actual decisions of judges in courts.

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