Other Law Commons^™

The Vanishing Employee: Putting The Autonomous Dignified Union Worker Back To Work, Anne Marie Lofaso

FIU Law Review

No abstract provided.

Introduction, Wilma B. Liebman

FIU Law Review

No abstract provided.

A New Board Policy On Deferral To Arbitration: Acknowledging And Delimiting Union Waiver Of Employee Statutory Rights, Michael C. Harper

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Improving The Administration Of The National Labor Relations Act Without Statutory Change, Samuel Estreicher

FIU Law Review

No abstract provided.

The Potential Of Rulemaking By The Nlrb, Jeffrey S. Lubbers

FIU Law Review

No abstract provided.

Victims On Trial? A Backpay Case At The Nlrb, Thomas W. Brudney

FIU Law Review

No abstract provided.

Masthead

FIU Law Review

No abstract provided.

Dedication

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

Mandatory Disclosure In The Market For Union Representation, Matthew T. Bodie

FIU Law Review

No abstract provided.

Can Unions Use Worker Center Strategies?: In An Age Of Doing More With Less, Unions Should Consider Thinking Locally But Acting Globally, Jennifer Hill

FIU Law Review

No abstract provided.

Private Injuries, Public Policies: Adjusting The Nlrb’S Approach To Backpay Remedies, James J. Brudney

FIU Law Review

No abstract provided.

Foreword, Kerri Lynn Stone

FIU Law Review

No abstract provided.

Rebuilding The Board: An Argument For Structural Change, Over Policy Prescriptions, At The Nlrb, R. Alexander Acosta

FIU Law Review

No abstract provided.

Two Is Company But Is It A Quorum?, John Sanchez

FIU Law Review

No abstract provided.

Defending The Nlrb: Improving The Agency’S Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch

FIU Law Review

No abstract provided.

The Contemporary “Fist Inside The Velvet Glove”: Employer Captive Audience Meetings Under The Nlra, Paul M. Secunda

FIU Law Review

No abstract provided.

Regulating Sovereign Wealth Funds In The U.S.: A Primer On Swfs And Cfius, Adam Gutin

FIU Law Review

No abstract provided.

The Role Of The Judiciary When The Agency Confirmation Process Stalls: Thoughts On The Two-Member Nlrb And The Questions The Supreme Court Should Have, But Didn’T, Address In New Process Steel, L.P. V. Nlrb, Catherine L. Fisk

FIU Law Review

No abstract provided.

Two Is Company And Two Can Be A Quorum: A Reply To Professor Sanchez, Dennis P. Walsh

FIU Law Review

No abstract provided.

Taking One For The Team: The Persistent Abuse Of Eminent Domain In Sports Stadium Construction, David Mark

FIU Law Review

No abstract provided.

Once Upon A Time In Law: Myth, Metaphor, And Authority, Linda H. Edwards

Scholarly Works

We have long accepted the role of narrative in fact statements and jury arguments, but in the inner sanctum of analyzing legal authority? Surely not. Yet cases, statutes, rules, and doctrines all have stories of their own. When we talk about legal authority, using our best formal logic, we are actually swimming in a sea of narrative, oblivious to the water around us. As the old Buddhist saying goes, "We don’t know who discovered the ocean, but it probably wasn’t a fish."

This article teases out several familiar archetypes hidden in discussions of cases and statutes. In the midst of …

Miranda Warnings And Terry Stops: Another Perspective, Eugene L. Shapiro

Barry Law Review

This article discusses the issue that federal Courts of Appeals have grappled with: whether an investigative stop upon less than probable cause under Terry v. Ohio may sometimes involve a need for Miranda warnings prior to questioning. It is the view of this commentary that post-Berkemer v. McCarty analyses by the Supreme Court concerning the Miranda “in custody” determination have had a singular influence upon judicial developments. There is now a very noticeable trend among the circuits towards the recognition of the appropriateness of Miranda warnings during some Terry stops.

Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman

Faculty Publications

Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden

Faculty Scholarship

No abstract provided.

One Lantern In The Darkest Night - The Cia's Inspector General, Afsheen John Radsan

Faculty Scholarship

Whether related to attempted assassinations, unauthorized interrogations, or other intelligence failures, the Inspector General at the Central Intelligence Agency is supposed to conduct audits and internal investigations into potential wrongdoing at an organization that operates in the shadows. From 1947 until 1990, the IG served at the discretion of the Director of the CIA. Congress, after uncovering the CIA’s improper role in Iran-contra, created a statutory IG. A new IG, appointed by the President and confirmed by the Senate, was granted the power to initiate investigations on his own and was required to make reports to the oversight committees on …

Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel

Faculty Scholarship

No abstract provided.