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Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney Jan 1999

Congressional Accountability And Denial: Speech Or Debate Clause And Conflict Of Interest Challenges To Unionization Of Congressional Employees , James J. Brudney

Faculty Scholarship

In 1995, Congress passed the Congressional Accountability Act, which applied federal workplace and anti-discrimination laws to Congress. Under the terms of the Act, Congress can prevent legislative staff from unionizing if the presence of organized employees would raise constitutional problems or present a conflict of interest. In this Article, Professor Brudney argues that these constitutional conflicts and issues do not pose sufficient concern to outweigh the workplace rights of congressional staff. Rather, he maintains that Congress, should either fulfill its obligations under the Act and allow legislative staff to unionize, or else enact a statute and explain the need for …


Introduction, Nicole A. Gordon Jan 1999

Introduction, Nicole A. Gordon

Fordham Urban Law Journal

This article introduces the subject of Volume XXVII, Issue I: an account of a From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. It offers a brief introduction to the New York City Campaign Finance Program, including the content of several amendments since its first introduction in 1988. While the conference discussed federal campaign finance reform, the focus was on how such reform might be informed by …


Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr. Jan 1999

Opening Remarks: The States And Cities As Federal Laboratories Of Democracy, Frederick A.O. Schwarz, Jr.

Fordham Urban Law Journal

Mr. Schwarz’s opening remarks address the function of local and state governments in stimulating more widespread change. He begins by providing examples of such inspiration to change throughout American History. First, Mr. Schwarz discusses the role of states in forging both institutional process reforms and social, substantive, and economic changes. Next, he discusses the advantages of using localities as grounds to test social experiments. Lastly, Mr. Schwarz discusses the relationship between experimentation in localities and federalism values, both generally and with specific regard to the role of minority interests. These remarks were made at From the Ground Up: Local Lessons …


Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J. Jan 1999

Welcoming Remarks, Michael A. Cooper, Fritz A. O'Hare S.J.

Fordham Urban Law Journal

In this transcript, first, Mr. Michael Cooper, President of the Association of the Bar of the City of New York offers welcoming remarks to the conference, describing briefly the work of the Association’s and its Special Commission on Campaign Finance Reform and the focus of the conference, specifically what can be done in the field of federal campaign finance reform based on what has been done at the state and local levels. Second, chair of the Campaign Finance Board, Father O’Hare, addressed the conference focusing on the non-partisan Board of the Campaign Finance Program in New York City as a …


Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter Jan 1999

Democracy At A Fair Price? Public Financing Of Elections, Trevor Potter

Fordham Urban Law Journal

In this transcript, Mr. Trevor Potter, former head of the Federal Elections Commission, moderated a five-person panel on the role of contribution limits and public financing in campaign finance reforms. Acknowledging that on the federal level there is both public funding and mostly unlimited private funding, Mr. Potter posed to the panel the question of whether such a system is good for the public. Through an examination of state examples presented by the panelists, the discussion focused on how public funding is actually working. This discussion included whether public financing of communication is sufficient, particularly as compared to self-funded candidates, …


Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch Jan 1999

Address: The New York City Experience: Lessons For A National Future, Hon. Edward I. Koch

Fordham Urban Law Journal

In this address, former Mayor of New York Ed Koch discussed the successful efforts of his administration to create New York’s Campaign Finance Reform Act, a voluntary program imposing lower spending limits and detailed public disclosure requirements on candidates for the five New York City offices who chose to seek public financing. Speaking from the unique position as the first candidate to ever be fined under the Act, Mr. Koch illustrated the importance of the nonpartisan board created under the Act. He then recounted briefly the history of the program and discussed some of the specifics of the original Campaign …


Is "Sunglight" Enough? The Limitations Of Disclosure, John D. Feerick Jan 1999

Is "Sunglight" Enough? The Limitations Of Disclosure, John D. Feerick

Fordham Urban Law Journal

In this transcript, John D. Feerick, Dean of Fordham University School of Law, co-chair of the Special Commission on Campaign Finance Reform of the Association of the Bar of New York City and former chairman of the New York State Commission on Government Integrity, moderated a six-person panel on the importance of effective and timely disclosure of campaign finances and the troublesome impact of “issue advocacy.” Under current law, advertisements that may mention candidates and/or issues are not regulated by federal law because they do not “expressly advocate” for a particular candidate to be elected. Before the panelists spoke, Mr. …


Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon Jan 1999

Policing The Politicians: Models For Effective Enforcement, Nicole A. Gordon

Fordham Urban Law Journal

In this transcript, Nicole A. Gordon, Executive Director of the New York City Campaign Finance Board and chair of the Government Ethics Committee of the Association of the Bar of the City of New York, moderated a five-person panel on the importance and difficulty of effective enforcement of campaign regulations. The panel discussed the particular trouble of enforcing regulations on political activity where those who are charged with enforcement are subject to the oversight, mandates and budgets determined by the same officeholders whose conduct they are supervising. The 5 panelists were: (1) Rebecca Ávila, Executive Director of the Los Angeles …


Closing Remarks, Chris Shays Jan 1999

Closing Remarks, Chris Shays

Fordham Urban Law Journal

In this transcript, Mr. Begun introduced a final speaker, Congressman Christopher Shays, at From the Ground Up: Local Lessons for National Reform, a national conference on campaign finance reform held on November 9, 1998, sponsored by the New York City Campaign Finance Board and the Association of the Bar of the City of New York. Mr. Shays began by recounting the initiatives of 104th Congress, the first Republican controlled congress in forty years. He then delved into Congress’ efforts to bring soft money contributions under laws that would require disclosure. Advocating for what would become termed “campaign expenditures,” Mr. Shays …