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Exactly 30 years ago this month the Michigan Law Review published an article that evoked in me an emotion I must confess is the surest sign that I am in the presence of excellence-envy! The piece was entitled, "Past Practice and the Administration of Collective Bargaining Agreements." It was authored by the esteemed principal speaker at this session, and it came as close as anything I have ever read to deserving that much-overworked appellation, "definitive." It is always hazardous to try to predict the ultimate rating of a brand new vintage, but my first tasting of Dick Mittenthal's latest product suggests that his hand has not lost its touch. The graceful paper presented today belongs with his classic of a generation ago.

The major contribution of Dick's new work is his illuminating juxtaposition of George Taylor's bargaining model of arbitration and Noble Braden's adjudicative model of the process, and Dick's convincing explanation of why the Braden model has prevailed despite the support provided its rival by such formidable figures as Harry Shulman, Archibald Cox, and William O. Douglas. Here I agree with almost everything Dick has said, and my own remarks about the contents of his essay will do little more than embellish his thesis.


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