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Articles 1 - 30 of 48
Full-Text Articles in Entire DC Network
El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon
El Gran Ausente De Las Discusiones Laborales: La Migración, Jennifer Gordon
Faculty Scholarship
No abstract provided.
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
The Lawyer's Obligation To Correct Social Injustice!, James F. Gill
Fordham Urban Law Journal
No abstract provided.
Labor And Comparative Corporate Governance In Times Of Pension Capitalism. Independent Directors, Shareholder Empowerment And Long-Termism: The Transatlantic Perspective, Dr. Markus Roth
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley
Fordham Journal of Corporate & Financial Law
No abstract provided.
Blowing In The Wind: How A Two-Tiered National Renewable Portfolio Standard, A System Benefits Fund, And Other Programs Will Reshape American Energy Investment And Reduce Fossil Fuel Externalities, Corey Stephen Shoock J.D.
Blowing In The Wind: How A Two-Tiered National Renewable Portfolio Standard, A System Benefits Fund, And Other Programs Will Reshape American Energy Investment And Reduce Fossil Fuel Externalities, Corey Stephen Shoock J.D.
Fordham Journal of Corporate & Financial Law
No abstract provided.
Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear
Canons Of Construction And The Elusive Quest For Neutral Reasoning, James J. Brudney, Corey Distlear
Faculty Scholarship
Over the past 15 years, the canons of construction have experienced a remarkable revival in the courts and the legal academy. While the role of this interpretive resource has been heavily theorized, it has until now been under-explored from an empirical standpoint. This article adopts a novel combination of empirical and doctrinal analysis to uncover the Supreme Court's complex patterns of reliance on the canons over a 34-year period. We focus on whether the canons are favored across different time periods, in particular subject matter areas, by individual justices, and in close cases. Our approach - identifying ten different interpretive …
Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin
Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin
Fordham Law Review
No abstract provided.
Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen
Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen
Fordham Law Review
No abstract provided.
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Fordham Law Review
No abstract provided.
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
Fordham Law Review
No abstract provided.
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Day Laborers, Friend Or Foe: A Survey Of Community Responses, Mauricio A. Espana
Fordham Urban Law Journal
This comment discusses the various ways that communities that benefit from day laborers respond to the presence of the "underground" employment phenomenon. Part I provides some background into the day laborers' situation, livelihood, and legal rights. Part II discusses the competing issues faced by day laborers, as well as the issues the laborers present to community residents, employers, and the United States Government. Finally, Part III discusses the different solutions that communities confronted with day laborers have proposed and implemented, and concludes that it is in the best interests of all parties involved that communities accept day labors and accommodate …
Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue
Restructuring Professional Sports Leagues , Martin Edel, Jamin Dershowitz, Jeffrey Kessler, Tandy O'Donoghue
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Maneuvering Through The Labryinth: The Employers' Paradox In Responding To Hostile Environment Sexual Harassment —A Proposed Way Out, Estelle D. Franklin
Maneuvering Through The Labryinth: The Employers' Paradox In Responding To Hostile Environment Sexual Harassment —A Proposed Way Out, Estelle D. Franklin
Fordham Law Review
No abstract provided.
Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers
Workfare Wages Under The Fair Labor Standards Act, Walter M. Luers
Fordham Law Review
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Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch
Labor Law Obstacles To The Collective Negotiation And Implementation Of Employee Stock Ownership Plans: A Response To Henry Hansmann And Other "Survivalists", Jeffrey M. Hirsch
Fordham Law Review
No abstract provided.
Protecting Older Americans Working For Foreign Employers From Age Discrimination In Employment, Lisa A. Butler-Brust
Protecting Older Americans Working For Foreign Employers From Age Discrimination In Employment, Lisa A. Butler-Brust
Fordham Law Review
No abstract provided.
A Case For Fairness In Public Works Contracting, Gene Ming Lee
A Case For Fairness In Public Works Contracting, Gene Ming Lee
Fordham Law Review
No abstract provided.
O And P Visas For Nonimmigrants And The Impact Of Organized Labor On Foreign Artists And Entertainers And American Audiences, Tibby Blum
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre
Fordham Urban Law Journal
The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor …
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Fordham Urban Law Journal
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …
Specific Performance Of Collective Bargaining Agreements, Arthur S. Leonard
Specific Performance Of Collective Bargaining Agreements, Arthur S. Leonard
Fordham Law Review
No abstract provided.
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
New York Heart Bills: Presumptions Governing Police And Firefighters' Cardiac Disabilities, Andrea J. Berger
Fordham Urban Law Journal
In New York, two statutes govern heart disease suffered by police officers and firefighters - one covering New York City, and the other covering New York State. Both bills establish a line-of-duty presumption which provides that any impairment of health caused by diseases of the heart and the resulting disability or death are presumptive evidence that the impairment was job connected, unless proven otherwise. This Note analyzes the history and current status of New York's two heart bills, including the effect of judicial interpretations of the City Heart Bill, and assesses various alternatives available to the City.
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Strike Violence: The Nlrb's Reluctance To Wield Its Broad Remedial Power, Donald R. Gitto
Fordham Law Review
No abstract provided.
Statutes Of Limitations When Section 301 And Fair Representation Claims Are Joined: Must They Be The Same?, Meredith Jane Boylan
Statutes Of Limitations When Section 301 And Fair Representation Claims Are Joined: Must They Be The Same?, Meredith Jane Boylan
Fordham Law Review
No abstract provided.
Section 6(B)(5) Of The Occupational Safety And Health Act Of 1970: Is Cost-Benefit Analysis Required?, Maria Scorcia
Section 6(B)(5) Of The Occupational Safety And Health Act Of 1970: Is Cost-Benefit Analysis Required?, Maria Scorcia
Fordham Law Review
No abstract provided.
Employee Privacy Rights: A Proposal, Martin N. Flics
Employee Privacy Rights: A Proposal, Martin N. Flics
Fordham Law Review
No abstract provided.
Labor Law - Full-Time Faculty Held Not To Be "Employees" Under The National Labor Relations Act , Bonnie Wilkinson
Labor Law - Full-Time Faculty Held Not To Be "Employees" Under The National Labor Relations Act , Bonnie Wilkinson
Fordham Law Review
No abstract provided.
The Peculiar Collective Bargaining Status Of Hospital Housestaff, Diane Wende Bricker
The Peculiar Collective Bargaining Status Of Hospital Housestaff, Diane Wende Bricker
Fordham Urban Law Journal
Article discusses confusion as to whether state or federal labor relations boards may decide the collective bargaining rights of housestaff in non-profit hospitals. The National Labor Relations Board found that housestaff were primarily students rather than employees and consequently not a labor organization within the meaning of the National Labor Relations Act. However, since the position is contrary to that which many state courts and labor boards have adopted the article examines (1)if the NLRB preempted state control of labor relations of housestaff in non-profit hospitals and (2) if so, will the federal decision endure, despite the dissatisfaction of state …
The Unionization Of Law Firms, Georgene M. Vairo
The Unionization Of Law Firms, Georgene M. Vairo
Fordham Law Review
No abstract provided.
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
The 1974 Health Care Amendments To The National Labor Relations Act: Jurisdictional Standards And Appropriate Bargaining Units, Robert H. Ringer
Fordham Urban Law Journal
The purpose of the National Labor Relations Act (NLRA) is to ensure the well-being of labor-management relations through the encouragement of collective bargaining, and the prohibition of certain practices by labor unions and employers. The NLRA applies to cases where labor disputes may tend to burden, obstruct or affect interstate commerce. In an effort to settle the controversy surrounding the National Labor Relations Board's (NLRB) jurisdiction over non-profit hospitals, Congress passed the Health Care Amendments to squarely put non-profit hospitals under NLRB's jurisdiction. This note examines two problems presented by the amendments: (1) the extent of NLRB's jurisdiction under the …