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Old 05-09-07, 02:26 PM   #1
donrhummy
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Arbitrator in Landis Case Kept in the Dark

Wow. An arbitrator, who is described as "Landis' arbitrator" (which i assume means Landis got to "ok" him being added to the panel), was excluded from a key ruling last week.

http://www.latimes.com/sports/printe...ines-pe-sports

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The excluded arbitrator, Bay Area attorney Christopher L. Campbell, vehemently protested in a written dissent that the others had not informed him they intended to confer on the matter before they issued the ruling May 1.

The "unprecedented and entirely inappropriate" action, Campbell wrote, "sends a clear message that the majority is unwilling to hear and consider valid arguments regarding a dispute."

Experts in arbitration law said Tuesday that the exclusion of one party's arbitrator from any deliberation is highly unusual and could raise doubts about the panel's commitment to fairness. "It's perplexing why the panel would not want to make sure every ounce of due process was afforded to Landis," said Robert G. Bailey, an arbitration expert at the University of Missouri School of Law.
Well, I can answer Mr. Bailey's question. Why would they exclude this guy at the risk of not appearing unbiased? Because they wanted to make sure they could include more "positive" tests to guarantee Landis would lose the case. And according to another news report, this arbitrator has been a "dissenter" in favor of an athlete a few times before. Landis is being set up here.
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Old 05-09-07, 04:10 PM   #2
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Isn't this the same Campbell that was the lone dissenter in the decision to ban Hamilton?
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Old 05-09-07, 04:15 PM   #3
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Quote:
Originally Posted by donrhummy
Why would they exclude this guy at the risk of not appearing unbiased? Because they wanted to make sure they could include more "positive" tests to guarantee Landis would lose the case. And according to another news report, this arbitrator has been a "dissenter" in favor of an athlete a few times before. Landis is being set up here.
This may help:
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Old 05-09-07, 04:35 PM   #4
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guys ... guys ... you don't really think he's innocent, do you?

two words ... "exogenous testosterone"

Mark
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Old 05-09-07, 04:48 PM   #5
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I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
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Old 05-09-07, 04:59 PM   #6
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Quote:
Originally Posted by Sprocket Man
I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
Speaking from memory here. There are 3, or is it 5?, arbitrators in Landis's case. Landis picked 1 (or 2 if the total # of arbitrators if 5), USADA picked 1 (or 2 if 5) with the final arbitrator being independently selected. So the final vote will be 2-1 or 3-2 w/o the chance of a deadlock.

I'm pretty sure Campbell is one that was selected by Hamilton as well.
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Old 05-09-07, 09:06 PM   #7
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Quote:
Originally Posted by geneman
guys ... guys ... you don't really think he's innocent, do you?

two words ... "exogenous testosterone"

Mark
I have no idea if he's innocent but as for that "exogenous..." According to UCLA's anti-doping lab (which is one of the most respected in the world and does more tests for WADA than any other lab) it takes FOUR markers to be ruled "exogenous." However, the French lab that tested Landis ruled his a positive with only ONE marker. The UCLA lab stated that they found people who were completely natural who showed up one, two or three markers for exogenous testosterone so after a LOT of testing they determined the only accurate test was for FOUR markers.
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Old 05-09-07, 09:07 PM   #8
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Quote:
Originally Posted by Sprocket Man
I was always under the impression that an arbitrator, much like a mediator, is supposed to be a neutral third-party that works out a disagreement between two parties to arrive at a solution. If that's the case, Landis isn't supposed to have his own arbitrator.
It's like picking a jury. You get to OK some and the prosecutor gets to ok some.
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Old 05-09-07, 09:09 PM   #9
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Quote:
Originally Posted by geneman
guys ... guys ... you don't really think he's innocent, do you?

two words ... "exogenous testosterone"

Mark
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Old 05-09-07, 09:12 PM   #10
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Quote:
Originally Posted by KramerTC
Isn't this the same Campbell that was the lone dissenter in the decision to ban Hamilton?

Does that have something to do with this instance?
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Old 05-09-07, 09:20 PM   #11
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Originally Posted by BigSean
Does that have something to do with this instance?
Yes!!! "Expert for hire" doesn't ring a bell to you?
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Old 05-10-07, 07:11 AM   #12
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My understanding of arbitration is that party 1 picks someone, party 2 picks someone, and then the two selected arbiters select the third.
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Old 05-10-07, 08:50 AM   #13
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Quote:
Originally Posted by KramerTC
Yes!!! "Expert for hire" doesn't ring a bell to you?
Do you know anything about what goes into being certified as an arbitrator? These aren't guys picked up off the street. They are trained, tested, and their rulings reviewed. Hardly "expert for hire".
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Old 05-10-07, 08:55 AM   #14
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Originally Posted by asgelle
Do you know anything about what goes into being certified as an arbitrator? These aren't guys picked up off the street. They are trained, tested, and their rulings reviewed. Hardly "expert for hire".
So are umpires, and they all call their own strike zone.
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Old 05-10-07, 08:57 AM   #15
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Quote:
Originally Posted by donrhummy
It's like picking a jury. You get to OK some and the prosecutor gets to ok some.


Actually, its not like picking a jury. You don't get to "pick" a jury; you get to deselect some jurors. Each side gets a set number of premptory strikes. (i.e. strikes other than for cause) After each side uses its strikes, the remaining jury panel members make up the jury that hears the case.

Typical arbitration, each side picks one arbitrator, and the 2 arbitrators selected by the parties select the third arbitrator.
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Old 05-10-07, 09:05 AM   #16
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Quote:
Originally Posted by skinny
So are umpires, and they all call their own strike zone.
Exactly, and if an umpire is calling strikes at ear level, he won't be in the major leagues for too long.
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