Michael Hasday (Anderson & Ochs, LLP) has posted Running it Twice (or Thrice): Double-Header, Triple-Header, and Reverse Baseball Arbitration (52 U. Mich. J. L. Reform Caveat 1 (2018)) on SSRN. Here is the abstract: This Essay illustrates how the “Running It Twice” concept that makes poker games less of a gamble can also be used in another forum where large amounts of money can be at stake: arbitrations. I introduce three new forms of arbitration based on this concept: Double-Header Baseball Arbitration, Triple-Header Baseball Arbitration, and Reverse Baseball Arbitration. In this Essay, I show that that these new forms of arbitration are superior to current methods because they result in what the average or median qualified arbitrator would award—thereby making arbitration more accurate, predictable, and fair.
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