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33 Rutgers L. Rec. 1 (2009)

handle is hein.journals/rutglr33 and id is 1 raw text is: 













      RUTGERS LAW RECORD
The Internet Journal of Rutgers University School o Law - Newark
                 h/ip: / /w. laiwreo ord. corn


Volume 33             Emerging  Trends in Labor and Emplgyment  Law            Spring  2009


        Obama's Big Deal; The 2009 Federal Stimulus; Labor And
                      Employment Law At The Crossroads

                                  By Mitchell H. Rubinstein'

I.     Introduction

       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.2
This Essay focuses on an important aspect of the 2009 economic stimulus, formally known as the
American  Recovery and Reinvestment Act, which seems to have largely been left out of the political
debate, and what effect the stimulus will have on labor and employment law. This Essay asserts that
this stimulus is much more than just an economic package. It is a reflection of a fundamental social
change that is about to occur in labor and employment law similar to President Roosevelt's New
Deal. I refer to this as Obama's Big Deal.






1 Adjunct Professor of Law, St. John's Law School and New York Law School; Senior Counsel, New York State
United Teachers, affiliated with American Federation of Teachers, National Education Association, AFL-CIO;
Editor, Adjunct Law Professor Blog, http://www.lawprofessors.typepad.com/adjunctprofs; B.S., Cornell University
School of Industrial and Labor Relations; J.D. with distinction, Hofstra University School of Law.
Professor Rubinstein would like to thank St. John's Law School Professor David L. Gregory for his thoughts and
insights which lead to the development of this Essay. The views expressed in this Essay are entirely the author's
and may not necessarily represent the views of any organization that he is affiliated with.
2 David Herszenhorn and Jeff Zeleny, Senate Begins Intense Negotiations, N.Y. TIMES, Feb. 11, 2009, available at
http://www.nytimes.con2009/02/1 1/us/politics/1 1obama.html?_r= 1 &sq=herszenhorn%20and%20zeleny&st=cse&
scp= 1 &pagewanted=print.

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