James J. Brudney
James Brudney joined the Fordham faculty after nineteen years at The Ohio State University Moritz College of Law, where he was Newton D. Baker-Baker & Hostetler Chair in Law. Following graduation from law school, Professor Brudney clerked for the Honorable Gerhard A. Gesell of the U.S. District Court in Washington, D.C. and then for Justice Harry A Blackmun of the United States Supreme Court. He was associated for four years with the firm of Bredhoff and Kaiser in Washington, representing individuals and unions in constitutional and statutory matters.
Professor Brudney served for six years as Chief Counsel and Staff Director of the U.S. Senate Subcommittee on Labor. He has been Adjunct Professor of Law at the Georgetown Law Center and Visiting Professor of Law at Harvard Law School. At Fordham, Professor Brudney principally teaches Labor Law, Employment Law, and Legislation and Regulation. His scholarly writing is in the areas of workplace law and statutory interpretation.
Professor Brudney is co-chair of the Public Review Board for the United Auto Workers International Union, and is a member of the Committee of Experts of the International Labor Organization. He received a Fulbright Distinguished Scholar Award to do research and lecturing at Oxford University in the Fall of 2000. In 2008, he received an Alumni Award for Distinguished Teaching from the Ohio State University. In 2014, he was selected as Professor of the Year by Fordham Law School Students.
Yale Law School J.D. Editorial Board Member, Yale Law Journal; Recipient, C. La Rue Munson Prize for excellence in clinical program (mental hospital legal services); Member, Legal Services Board of Directors.
Oxford University, U.K. M.A., A.B. “First Class” Degree in Philosophy, Politics, and Economics; St. Catherine’s College Book Prize.
Amherst College B.A. Phi Beta Kappa, summa cum laude in American Studies; Scholarship award for post-graduate study in U.K.; junior year abroad, Manchester University, U.K.
Books and Book Chapters
CASES AND MATERIALS ON LEGISLATION AND REGULATION: STATUTES AND THE CREATION OF PUBLIC POLICY, Sixth Edition, forthcoming 2020 (with William N. Eskridge Jr. and Josh Chafetz)Square Pegs and Round Holes: Shrinking Protections for Unpaid Interns under the Fair Labor Standards Act in FROM EDUCATION TO EMPLOYMENT: HOW INTERNSHIPS AND TRAINEESHIPS ARE CHALLENGING LABOUR REGULATION (Rosemary Owens, Joanna Howe, & Andrew Stewart eds., ILO/Edward Elgar Press, forthcoming 2020)Reflections on Labor Standards in Global Supply Chains: Innovation and Scalability in POWER TO THE PEOPLE? PRIVATE REGULATORY INITIATIVES, HUMAN RIGHTS, AND SUPPLY CHAIN CAPITALISM (Daniel Brinks et. al eds. U. Penn. Press, forthcoming 2020)
2018 Supplement to Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy, Fifth Edition, 2018 (with William N. Eskridge Jr. and Josh Chafetz)
Evolution and Transformation of Sources of Labour Law in the Americas in Labour Law and Social Security in the Americas (Giuseppe Casale & Vasco Torres De Leon eds., ITC-ILO publications 2018)
2016 Supplement to Cases and Materials on Legislation and Regulation: Statutes and the Creation of Public Policy, Fifth Edition, 2016 (with William N. Eskridge Jr. and Josh Chafetz)
Decent Labour Standards in Corporate Supply Chains: The Immokalee Workers Model, in TEMPORARY LABOUR MIGRATION IN THE GLOBAL ERA: THE REGULATORY CHALLENGES (Owens & Howe eds., Hart Publishing, UK 2016)
Recollections of a Supreme Court Community (with Victor Brudney); in OF COURTIERS AND KINGS: MORE STORIES OF SUPREME COURT LAW CLERKS AND THEIR JUSTICES (Peppers & Cushman eds., Univ. of Virginia Press, 2015)
CASES AND MATERIALS ON LEGISLATION AND REGULATION: STATUTES AND THE CREATION OF PUBLIC POLICY, Fifth Edition, 2014 (with William N. Eskridge Jr. and Elizabeth Garrett)
2012 SUPPLEMENT TO CASES AND MATERIALS ON LEGISLATION: STATUTES AND THE CREATION OF PUBLIC POLICY, Fourth Edition, 2012 (with William N. Eskridge Jr. and Elizabeth Garrett)
DOCUMENTS SUPPLEMENT TO CASES AND MATERIALS ON LEGISLATION: STATUTES AND THE CREATION OF PUBLIC POLICY, Fourth Edition, 2011 (with William N. Eskridge Jr.)
Legislators’ Freedom of Speech, ENCYCLOPEDIA OF AMERICAN CIVIL LIBERTIES (2006)
U.S. Job Security Law, in John McMullen, BUSINESS TRANSFERS AND EMPLOYEE RIGHTS, (Butterworths, 2005 ed., U.K.)
Forsaken Heroes: Covid-19 and Frontline Essential Workers, forthcoming 48 Fordham Urban L.J. ___ (2021)
The Right to Strike as Customary International Law, forthcoming 46 Yale J. Int’l L. ___ (2021)
Two Roads Diverged: Statutory Interpretation by the Circuit Courts and Supreme Court in the Same Cases, forthcoming 88 FORDHAM L. REV. ____ (2019) (with Lawrence Baum)
Statutory Interpretation as “Interbranch Dialogue”?, forthcoming 66 UCLA L. REV. ____ (2019) (with Ethan Leib)
Envisioning Enforcement of Freedom of Association Standards in Corporate Codes: A Journey for Sinbad or Sisyphus?
33 COMP. LAB. L. & POL’Y J. 553 (2012)
Comment, NLRB: 45 Days to Challenge Voluntary Recognition, CCH Lab. Law Reports, Insight (October 2007)
Recrafting a Trojan Horse: Thoughts on Workplace Governance in Light of Recent British Labor Law Developments, 28 COMP. LAB. L. & POL’Y J. 193 (2007)
Neutrality Agreements and Card Check Recognition: Prospects for Changing Labor Relations Paradigms, American Constitution Society Issue Brief, available at https://www.acslaw.org/publications/issue-briefs/neutrality-agreements-and-card-check-recognition-prospects-for-changing-la (February 2007)
Book Review: Workplace Justice Without Unions, 61 REL. INDUSTR./INDUS. REL 359 (2006)
Comment, Neutrality Agreements Take Center Stage at the National Labor Relations Board, 57 CCH L.J. 117 (Summer 2006)
Contractual Approaches to Labor Organizing: Supplanting the Election Paradigm?, 57 LERA ANNUAL PROCEEDINGS 106 (2005)
Recalibrating Federal Judicial Independence, 64 OHIO ST. L.J. 149 (2003)
Statutory Interpretation as Diplomacy, 3 ISSUES IN LEGAL SCHOLARSHIP, art. 10 (2002) (faculty-edited electronic journal, published in connection with Berkeley School of Law) on line at http://www.bepress.com/ils/iss3/art10
Designated Diffidence: District Court Judges on the Courts of Appeals, 35 LAW & SOCIETY REV. 565 (2001) (with Corey Ditslear)
Dispute Resolution and the Uniform State Law Process, 8 DISP. RESOL. MAG. 3 (Summer 2002)
The Influence of Appellate Judges’ Social Backgrounds When Reviewing NLRB Decisions, 2 EMPLOYEE RIGHTS Q. 13 (Spring 2002) (with Deborah J. Merritt)
The Changing Complexion of Workplace Law: Labor and Employment Law Decisions of the Supreme Court’s 1999-2000 Term, 16 THE LABOR LAWYER 151 (2000)
To Strike or Not to Strike, (Review of JULIUS GETMAN, THE BETRAYAL OF LOCAL 14: PAPERWORKERS, POLITICS, AND PERMANENT REPLACEMENTS) 1999 WIS. L. REV. 65 (1999)
Congressional Accountability and Denial: Speech or Debate Clause and Conflict of Interest Challenges to Unionization of Congressional Employees, 36 HARV. J. ON LEGIS. 1 (1999)
Of Labor Law and Dissonance, 30 CONN. L. REV. 1353 (1998)
Mediation and Some Lessons from the Uniform State Law Experience, 13 OHIO ST. J. ON DISP. RESOL. 795 (1998)
Agency Shop in the Public Sector: Recent Developments in the Law, 8 COLL. BARG. Q. No.1 (May 1985)
Note, The Cost of Growing Old: Business Necessity and the Age Discrimination in Employment Act, 88 YALE L.J. 565 (1979)
Federal Judge Hector Gonzalez Reflects on His Journey to the Bench as a First-Generation Jurist
Law360: Prof. James Brudney Discusses How Loss Of General Council Could Impact UAW Negotiations
Judicial Center Names 2023-2024 Peer Clerkship Council
U.S. News: Prof. James Brudney On Organized Labor Strike Supreme Court Rulings
National Law Journal: Prof. James Brudney Provides Legal Analysis on Starbuck’s Union Planner Appeal
Bloomberg Law: Prof. James Brudney Calls New Bill ‘Far Reaching’ in How it Classifies Anti-Union Activity
Judicial Center Hosts its 2023 Judicial Day in Residence featuring Judges from the Southern District of New York
Center for Judicial Events & Clerkships Welcomes Circuit Judge Bernice B. Donald (Ret.) for its 2023 Distinguished Jurist in Residence Lecture
Judicial Center Welcomes Bankruptcy Court Judges for 4th Annual View from Chambers Series
Judicial Center Welcomes Judge Zahid Quraishi as its 2022-2023 “First to the Bench” Speaker
Judicial Center Names 2022-2023 Peer Clerkship Council
Professor James Brudney Appointed Faculty Director for the CJEC
Professor James Brudney on Labor Conditions in Global Supply Chains
First NJ Starbucks Votes for Union: What Does That Mean for Coffee Drinkers?
What Starbucks Needs In Its New GC Amid Unionization
What Starbucks Needs In Its New GC Amid Unionization
Fordham Law School Ranks No. 23 in Scholarly Impact
OSHA Moves to Create Permanent Workplace Safety Rules for COVID
Fordham Law Scholars Featured in “Big Idea” Limited Video Series
Former New York Times Journalist Discusses Workers’ Rights During COVID-19 with Fordham Law Community