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The Scholars' Corner is a compilation of scholarly articles written by faculty members of the Recent Publications Mitchell Rubinstein publishes Our Nation's Forgotten Workers: The Unprotected Volunteers, 9 U.Pa. J. Lab. & Emp. L. 147 (2006), in Penn Law's Journal of Labor and Employment Law. Read Professor Rubinstein's article Mitchell Rubinstein publishes Attorney Labor Unions in the January 2007 NYSBA Journal. The article outlines certain key issues that can arise where attorneys attempt to organize a union. Read Professor Rubinstein's article Arthur Leonard's presentation at the 2006 Annual Meeting of the Association of American Law Schools has been published. His presentation was part of the Section on Employment Discrimination's program entitled, Gender Stereotyping: Expanding the Boundaries of Title VII. Download a copy of the proceedings Mitchell Rubinstein publishes Union Immunity from Suit in New York, 2 N.Y.U. J. L. & Bus. 641 (2006), in the NYU Journal of Law & Business. Codirector Richard Marsico publishes The 2004-2005 Amendments to the Community Reinvestment Act: For Communities, One Step Forward and Two Steps Back, 39 Clearinghouse Review 534 (2006), in the Clearinghouse REVIEW Journal of Poverty Law and Policy In 2001 the four federal banking agencies that enforce the Community Reinvestment Act (CRA) began a review of CRA regulations that they adopted in 1995. The review process was controversial, tortuous, and divisive. By the time it was over, residents of the communities that the CRA was intended to benefit—including low- and moderate-income and predominantly minority neighborhoods, or “underserved communities”—gained a victory in their efforts to promote community reinvestment and economic development but lost significant ground. This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transsexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. Showing that in comparable situations courts can come to radically diverging conclusions simply by focusing their attention on differing strands of the reasoning essential to defining “family” in a queer context, the article concludes that the distinction between “activist” judges expanding law to incorporate LGBT families and “conservative” judges reading extant law narrowly, hence inevitably excluding them, is, at best, illusory. Read Professor Franklin's article Mitchell Rubinstein publishes Altering Judicial Review of Labor Arbitration Awards, 2006 Mich. St. L. Rev. 235 (2006), in the Michigan State Law Review. This article is about whether the parties to a collective bargaining agreement can voluntarily agree to alter the standard of judicial review that any such labor arbitration decision would normally be subjected to. Under the FAA, in the context of commercial arbitration, this issue has generated a significant amount of scholarly debate by academic commentators as well as a conflict in the circuits--with some courts even drawing a distinction between expanding judicial review and eliminating judicial review altogether. However, the alteration of the standard of judicial review of labor arbitration awards has not been addressed by scholarly commentators or by courts in the private sector. Read Professor Rubinstein's article |
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Civil Liberties LawCommunity Economic
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