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Boyd Garriott

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Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 - Boyd Garriott

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of emp... More »

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Published April 19th, 2018 - Boyd Garriott

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what ha... More »