The law applied by international administrative tribunals: from autonomy to hierarchy

This Article examines the law applied by the administrative tribunals of international organizations when resolving disputes between international organizations and international civil servants. The analysis suggests that international administrative tribunals primarily rely on employment contracts and internal law of international organisations while only rarely referencing international law. This Article argues that international administrative tribunals should specifically define in their relevant statutes the sources of law applicable to international administrative disputes and that they should distinguish such sources from non-legal norms. The Article further notes the modern trend of international administrative tribunals of giving more weight to general principles of law. It ultimately argues that these tribunals should establish the supremacy of international law, particularly fundamental principles of international labor law, over the internal law of international organizations. The establishment of such a hierarchy will make international administrative law more legitimate, coherent, and predictable

Changes in Bankruptcy Laws: Implications for Homebuyer Programs

Changes in bankruptcy laws have two impacts on NeighborWorks organization and similar housing counseling agencies. First, clients in financial crisis seeking assistance may have more difficulty filing bankruptcy than under previous regulations. Second, the new law requires credit counseling and debtor education, services which some nonprofit organizations may decide to provide. Organizations need to understand the new provisions of the law to guide existing counseling programs, and should thoroughly analyze the requirements for providing counseling or education services before considering entering the bankruptcy counseling field

Two, Three Many Rosas! Rebellious Lawyers and Progressive Activist Organizations

The cast of prototypic rebellious lawyers promoted by Gerald Lopez is incomplete. It leaves out a very important mode of lawyering: that of working for a progressive activist organization. To fill that gap, this essay introduces “Rosa,” a lawyer on the staff of an organization of low-wage workers fighting for workplace justice and systemic change. The essay argues that working for such organizations in a way that is accountable to the organizations is an especially effective way for lawyers to contribute to economic, racial, gender, social and environmental justice. It examines three current models of such practice: in-house, in an independent law center dedicated to collaborating with progressive activist organizations, and in a law center that is controlled by the organizations it serves. It proposes a database and discussion forum, more research and teaching about historic and current examples, and expanded opportunities for students to learn from direct experience working in lawyer role with progressive activist organizations

The Advocate

Headlines include: Have Nowhere To Belong? The Comprehensive Guide To Student Organizations At Fordham Law School; Bottle And Glasshttps://ir.lawnet.fordham.edu/student_the_advocate/1097/thumbnail.jp

Conference on Proposed Amendments: Experts, the Rules of Completeness, and Sequestration of Witnesses

This conference was held on October 19, 2018, at University of Denver Sturm College of Law under the sponsorship of the Judicial Conference Advisory Committee on Evidence Rules. The transcript has been lightly edited. It represents the panelists’ individual views only and in no way reflects those of their affiliated firms, organizations, law schools, or the judiciary

Civil Society and International Organizations: A Liberal Framework for Global Governance

An earlier draft of this Article was presented at a faculty workshop at the University of Illinois College of Law. (Author\u27s Manuscript, March 2005) This analysis of how civil society can contribute to a better system of global governance draws on the political philosophy of civil society and the comparative law of democracy. Its first part describes the civil society phenomenon in three different international organizations: the World Bank, the World Trade Organization, and the European Union. Part Two puts forward the moral principle upon which my argument rests: liberal democracy. The next part sets the stage for the discussion of contemporary liberal theories of civil society by reviewing the history of the concept. Part Four critically examines the four dominant theories of citizen associations and their contribution to the good life in democratic societies. These theories serve as the basis for evaluating the pro-civil society reforms that have been made to date in international organizations and for suggesting additional areas of improvement. Yet the review of the literature also demonstrates, somewhat surprisingly, that the political philosophers and the civil society activists are talking past one another: the theory does not address head-on the question whether associations should be represented in public decisionmaking. For civil society theory, the democratizing potential of civil society lies in collective life outside the state. Thus, Part Five explores the comparative law of contemporary democracies and shows that interest and identity groups can participate in public life in at least three different ways: pluralism, corporatism, and republicanism. The concluding section returns to the institutional reform of international organizations. In view of the premises and ideals that inform different cultures of democracy and the realities of politics in the international realm, I argue that the public law of corporatism is the most appropriate for today\u27s international organizations

"But the law won't help us":challenges of mobilizing Law 348 to address violence against women in Bolivia

Drawing on findings of an original 12-month ethnographic study, this article presents the challenges that Bolivian women face in accessing a new law that has been designed to protect them, Law 348 to "Guarantee Women a Life Free from Violence." Data reveal that while the law creates opportunities for the (re)conceptualization of violence, mobilizing the law is fraught with difficulties and a culture of impunity prevails. The challenges of implementation are both nationally and internationally significant as other countries seek to enact similar legal strategies. In Bolivia, this article suggests, civil society organizations and women's voices are central to the full realization of the law.</p

U.S. Government Manual 2008-2009 Edition: Federal Labor Relations Authority

[Excerpt] The Federal Labor Relations Authority oversees the Federal service labor-management relations program. It administers the law that protects the right of employees of the Federal Government to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions affecting them. The Authority also ensures compliance with the statutory rights and obligations of Federal employees and the labor organizations that represent them in their dealings with Federal agencies