One of the best keep secrets in New York law is that most labor unions are immune from legal liability simply because they are organized as an unincorporated association. In jurisdictions such as New York, which follow common law, unions have this immunity because plaintiffs cannot met the...

The collapse of the economy at the end of 2008 is one of the most important issues of our time and has resulted in the passage of historic bailout and stimulus legislation. Newly elected President Obama has recognized that his political future depends upon the economy rebounding. This Essay...

The Supreme Court has recognized that Congress enacted the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400-1482 (IDEA) to ensure that children with disabilities have available to them a Free Appropriate Public Education that emphasizes special education and related services...

In this Essay I reply to Professor David Gregory and Paul Secunda's comments about my principal article, Sprint/United Management Co. vs. Mendelsohn: The Supreme Court Appears To Have Punted On The Admissibility of Me Too Evidence Of Discrimination. But Did it? 102 Nw. U. L. Rev. 264 (2008)....

Public policy strongly supports voluntarism as it fuels interests that are critically important to society and the health of this country, particularly in these days of ever-increasing budget cuts. It has also created many unique legal dilemmas. Unfortunately, however, the volunteer experience...

This article appears as a Chapter in a book on Workplace Privacy and was part of New York University 58th Annual Conference on Labor in 2005. This article was updated in December 2009. The article focuses on privacy issues in the public sector. It explains that the right of privacy involves...

Imagine that a group of foreign registered nurses approach their lawyer because they feel abused and want to quit their jobs. They signed an employment contract agreeing to remain employed for three years and are unsure of their rights. The contract that they signed also contains a $25,000...

One of the best kept secrets in American labor law is that duty of fair representation jurisprudence simply does not work. It does not work for plaintiff union members because they must satisfy a close-to-impossible burden of proof and have a short statute of limitations window in which to...

Whether a full labor relations privilege is developing is one of the most interesting as well as difficult aspects of labor law and the law of evidence. This issue typically arises when an employee has a confidential conversation with a non-attorney union representative concerning a labor...

This Article is primarily 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...