Labor and Employment Law Commons^™

Combating The Actor's Sacrifice: How To Amend Federal Labor Law To Influence The Labor Practices Of Theaters And Incentivize Actors To Fight For Their Rights, Shelley Attadgie

Cardozo Law Review

Part I of this Note will provide a background of the stage theater industry and the current federal and state labor laws and regulations. Section L.A will introduce the basic structure of the acting world, the differences between union and non-union actors, and the conflict surrounding the recent repealing of the Los Angeles 99-seat Theatre Waiver. Section I.B will discuss current minimum wage laws, focusing on the provisions of the Fair Labor Standards Act (FLSA). Part II of this Note will analogize the actor's situation in the line with the relevant statutes, regulations, and case law to determine whether theaters …

Picketing In The New Economy, Hiba Hafiz

Cardozo Law Review

The rise of the contingent and gig economies and of outsourced and subcontracted work has left many workers with insufficient bargaining power to successfully negotiate collective bargaining agreements with their direct employers. This problem is exacerbated by a statutory ban on worker picketing and boycotts of non-employers, or "secondaries," even where those employers collude with direct employers on wage-fixing or the suppression of union activity; have monopsony power over direct employers; or have substantial indirect control over worker wages through contractual arrangements.

This Article is a crucial intervention in modernizing the labor law on worker picketing in the New Economy. …

Rape In Context: Lessons For The United States From The International Criminal Court, Caroline Davidson

Cardozo Law Review

The law of rape is getting a rewrite. Domestically and internationally, major efforts are underway to reform rape laws that have failed to live up to their promises of seeking justice for victims and deterring future sexual violence. The cutting edge of international criminal law on rape eschews inquiries into consent and instead embraces an examination of coercion or a coercive environment. By contrast, in the United States, rape reform discussions typically center on consent. The American Law Institute's proposed overhaul of the Model Penal Code's provision on sexual assault carves out a middle ground and introduces, in addition to …

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.

Deconstructing The Dao: The Need For Legal Recognition And The Application Of Securities Laws To Decentralized Organizations, Laila Metjahic

Cardozo Law Review

This Note will begin with background information on the construction of a blockchain and its function in decentralized organizations like the DAO, followed by a discussion on smart contracts and their role in decentralized organizations and the DAO. This Note will then analyze the legal status of partnerships and joint ventures. This Note proposes that the U.S. legal system must clarify the legal status of these organizations and as such should classify the DAO as a general partnership. Assuming the DAO is a general partnership, the question arises as to whether shareholders in the DAO have interests that would be …

Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos

Cardozo Law Review

No abstract provided.

An Americans With Disabilities Act For Everyone, And For The Ages As Well, Anita Silvers, Leslie P. Francis

Cardozo Law Review

The article argues that the Americans with Disabilities Act (ADA) was originally intended to universally protect individuals from disability-based discrimination, rather than focusing on categorizing who is disabled. The authors contend that the ADA should be interpreted to prevent discrimination based on disability for everyone, regardless of specific eligibility criteria, and that the statute's effectiveness has been undermined by court decisions that emphasize categorical limitations. They advocate for a broader, more inclusive understanding of the ADA, aligned with its original purpose of combating discrimination.

Regarding Age As A Disability: Conceptualizing Age Discrimination At Work As (Mis)Perception Of Disability Discrimination, Kevin M. Cremin

Cardozo Law Review

No abstract provided.

Making Accessible Futures: From The Capitol Crawl To #Cripthevote, Faye Ginsburg, Rayna Rapp

Cardozo Law Review

The article examines the evolving recognition and integration of disability rights in American society, emphasizing the transformative impact of the Americans with Disabilities Act (ADA) and the cultural shift towards inclusivity. It highlights the growing demographic presence of individuals with disabilities, the role of activism, and the importance of inclusive design and representation in media and politics. The authors argue that while significant progress has been made, ongoing advocacy is crucial to address persistent challenges and ensure the full recognition of disability as a valued aspect of human diversity.

Tribal Sovereignty And Gaming: A Proposal To Amend The National Labor Relations Act, Regina Gerhardt

Cardozo Law Review

No abstract provided.

The Future Of College Athlete Players Unions: Lessons Learned From Northwestern University And Potential Next Steps In The College Athletes' Rights Movement, Marc Edelman

Cardozo Law Review

On January 28, 2014, the Northwestern University football players filed a petition with the National Labor Relations Board (NLRB) seeking to become the first group of college athletes to form a union. Although the NLRB'S Thirteenth Region concluded that Northwestern University grant-in-aid college football players constituted "employees" under the National Labor Relations Act, the NLRB Board Members nevertheless declined to assert jurisdiction because they believed the proposed bargaining unit would not "promote stability in labor relations."

This Article explores the future prospects for organizing Football Bowl Subdivision football players and Division I men's basketball players after the NLRB's decision in …

Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola

Cardozo Law Review

Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These "rule of law"features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different vision of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple actors. Consequently, this Article contends that familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates …

The Right To Improvise In Low-Wage Work, Michael M. Oswalt

Cardozo Law Review

The resurgence of strikes in the non-union fast food and retail sectors has created unprecedented momentum for increases in state, local, and company-specific minimum wages. The once fantastical demand for a $15 an hour wage floor has been legislated into life in two states, four major cities, and counting. Early work, drawing from organizational studies, identified "improvisation" as the theoretical engine of the walkouts, and while that strategy remains, the ground has since shifted. Today's strikes are no longer just about McDonald's or Walmart but low-wage jobs generally, from child care, to adjunct teaching, to security, and beyond. This Article …

Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson

Cardozo Law Review

This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination-patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens that they …

Employment Law As Labor Law, Benjamin I. Sachs

Cardozo Law Review

No abstract provided.

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.

Gender In The Law Of Slavery In The Antebellum United States, Andrew T. Fede

Cardozo Law Review

In her thought-provoking paper Finding Sojourner's Truth: Race, Gender, and the Institution of Property, Cheryl I. Harris explores the connections between slavery, race, and gender in the law of the antebellum United States. Harris acknowledges that slaves alone were defined as property at law, and, therefore,*the legal status of slaves differed from free white women and free black women. She also acknowledges that "white women" were allowed property rights on "male-defined terms" but asserts, nevertheless, that free women could be considered as a form of property.

“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips

Cardozo Law Review

Several good reasons must have led Michael Craton to choose the title for his very useful work, Searching for the Invisible Man: Slaves and Plantation Life in Jamaica. In the area of slavery and criminal sanctions, however, there is great difficulty with the idea of the "invisibility" of black people. Blacks were, in fact, "evervisible." Indeed, in view of their numbers and ubiquity, the slaves were at the forefront of the minds and concerns of all white people. This was especially true for the dominant political elite who made the laws and controlled the system of the administration of …

What’S The Use Of Calling Emerson A Pragmatist?, Stanley Cavell

Cardozo Law Review

I applaud the revival of interest in John Dewey and William James, on various intellectual and political grounds, and seek to learn what is at stake for others in their revival. But I also wish to suspend applause-doubtless more a transcendentalist than a pragmatist gesture on my part-for ideas that seem to be gaining prominence within this movement, expressed by writers and thinkers whom I admire, according to which Emerson is to be understood as a proto-pragmatist and Wittgenstein as, let's say, a neo-pragmatist. Perhaps I will be taken as struggling merely over labels; but sometimes labels should be struggled …

The Flimsy Yardstick: How Many Employees Does It Take To Defeat A Title Vii Discrimination Claim?, Jacqueline Louise Williams

Cardozo Law Review

The Civil Rights Act of 1964 was signed into law on July 2, 1964. The legislative history of the Act provides an extraordinary glimpse at one of the most heavily debated pieces of legislation in our country's history. It also chronicles one of the longest debates that Congress has ever endured. Seeking to define the scope of the legislation, a reticent administration and a divided Democratic party struggled with the bill in hopes of coming to an agreement on what some would come to call "silver writes." The Act's supporters were persuaded that it answered "a moral question in the …

Crafting A Corporate Code From Scratch, Uriel Procaccia

Cardozo Law Review

In the summer of 1982 1 was contacted by the incumbent Minister of Justice of the State of Israel, Mr. Moshe Nissim. Nissim asked me to accept the commission of drafting a brand new and fully cohesive corporate code to replace our current, antiquated Companies Ordinance. I consented at once. Having consented, it occurred to me to reflect on the meaning of that little word, "cohesive," which was used-quite inadvertently, I presume-in Minister Nissim's solicitation. I finally came to interpret it as a sort of puzzle, or perhaps a quiz, which the resulting product, the corporate code, was crafted to …

Reinventing Labor Law: A Rejoinder, Tamara Lothian

Cardozo Law Review

In an Article published recently in this journal, Stanley Gacek, an attorney working with the United Food and Commercial Workers International Union in the United States, takes issue with my analysis of the political consequences of corporatist and contractualist labor law models, especially as applied to the current situations in Brazil and the United States. Despite our many major disagreements, I welcome Gacek's response to my Article and his effort to expand public discussion of the alternative legal-institutional forms of democratic labor organization. Unfortunately, in the course of developing his own position Gacek seriously misrepresents my views. He also misunderstands …

The Invisible Cupola: From Casual To Collective Attribution In Ecological Liability, Gunther Teubner

Cardozo Law Review

When I speak about the cupola, it is not Brunelleschi's architectural masterpiece crowning the Florentine duomo that appears before my eyes. Rather, I see the ugly architecture of organized crime, the brutal supersecret "cupola" on top of the Mafia's hierarchy which overshadows social life in Italy. Does this cupola exist or not? Over the recent years, the Mafia's cupola has been the object of a bitter struggle between Italian judges. While the lower courts have been sending numerous mafiosi to prison because they were part of the invisible cupola controlling "tutti i grandi delitti," the court of the next instance …

Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek

Cardozo Law Review

During the late 1970s, Brazilian workers captured world attention by mobilizing gigantic strikes in the auto industry of Greater São Paulo. Defying the intervention of the labor courts, they directly confronted the transnational automakers and negotiated impressive wage gains. They also established the celebrated comissões de fábrica, or factory commissions, which served as new vehicles for the negotiation of agreements and the resolution of labor disputes.

Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii

Cardozo Law Review

Thank you very much. I bring you greetings from all those lawyers you taught. It is my distinct pleasure to represent the American Bar Association ("ABA") at your Association's most important annual meeting, and more than a little humbling considering the tremendous influence the people in this room have over every aspect of our American way of life.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 5

Cardozo Law Review

No abstract provided.

Beyond Reasonable Accommodation: The Availability And Structure Of A Cause Of Action For Workplace Harassment Under The Americans With Disabilities Act, Frank S. Ravitch

Cardozo Law Review

Employment discrimination law has undergone a metamorphosis in the last few years. New legislation and judicial interpretation of existing legislation have broadened the rights available to the victims of discrimination, and have created new duties with which employers must comply. The passage of the Americans with Disabilities Act added one of the largest pieces to the new employment discrimination puzzle. Because the ADA is still in the early stages of development, it is essential to define the bases for potential causes of action under the Act, and to delineate workable structures for analyzing those causes of action.

Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein

Cardozo Law Review

No abstract provided.

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.

On Property And Constitutionalism, Cass R. Sunstein

Cardozo Law Review

No abstract provided.