Law Commons^™

We Make The Road By Walking: Immigrant Workers, The Workplace Project, And The Struggle For Social Change Symposium: Economic Justice In America's Citie: Visions And Revisions Of A Movement, Jennifer Gordon

Faculty Scholarship

This Article addresses the problems faced by immigrant workers on Long Island. Part I briefly examines the transition on Long Island from an economy based on manufacturing to one based on services, as well as the growth of the underground economy. Part II addresses the failure of government agencies, legal services centers, and unions to confront the problems faced by immigrant workers in this period of economic transition. Part III presents the Workplace Project model as an alternative to those institutions. Part IV offers a critique of the Project, focusing on the conflict between providing individual legal representation and organizing …

Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney

Faculty Scholarship

When it enacted the National Labor Relations Act in 1935, Congress gave statutory recognition to collectively bargained terms and conditions of employment. In recent decades, the number of cases in which the Supreme Court has interpreted the NLRA has declined, leaving the Act's interpretation and enforcement primarily to the National Labor Relations Board and the federal courts of appeals. In this Article, Professor Brudney presents the results of his study of 1,224 NLRB adjudications and their fate upon federal court review, from 1986 to 1993. Professor Brudney analyzes the reversal and affirmance data, and identifies areas of general Board-court agreement …

The Eeoc, The Courts, And Employment Discrimination Policy: Recognizing The Agency's Leading Role In Statutory Interpretation, Rebecca White

Scholarly Works

This Article explores whether a delegation to the EEOC of law-interpreting authority may be found under Title VII, the ADEA, or the ADA, despite the agency's lack of full enforcement authority under these statutes. If the EEOC possesses such authority, it, not the courts, will decide many of the difficult issues left unresolved by Congress under the 1991 Civil Rights Act, the ADA, and other statutes administered by the agency. I easily conclude the EEOC has been delegated law-interpreting power under both the ADEA and the ADA. The authority to issue legislative rules, in the context of these statutory schemes, …

Law And Labor In The New Global Economy: Through The Lens Of United States Federalism, Mark Barenberg

Faculty Scholarship

The heightened economic globalization of the last quarter century presents a welter of new questions for legal scholars, policymakers, and practitioners. In many specialized fields, lawyers and academics are reskilling in comparative and international law in response to the growing importance of the transnational linkages and competition facing economic and regulatory actors in the United States. Concurrently, dramatic economic and political "transitions" in Asia, Latin America, and Eastern Europe have created legal uncertainties and innovations that compound the challenges of transnationalization. Issues of labor and employment law are at the center of both of these epochal transformations – globalization and …

U. S. Social Welfare Policy, Lance Liebman

Faculty Scholarship

Professor Alstott's paper tells an important story about the current moment in American federalism as interpreted through the lens of the social welfare system. From its beginning in 1935, Aid to Families with Dependent Children (AFDC) was the most important intellectual ingredient in the American commitment (or not) to poor families. AFDC was called an exercise in "cooperative federalism." States established and administered programs, receiving reimbursement for roughly fifty percent of their expenditures from the national government, which, however, imposed certain programmatic conditions.

Since the Republicans took control of Congress in the 1994 elections, Congress has emphasized two themes: cutting …