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Maddy Joseph

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Show BioHide BioMaddy Joseph is a student at Harvard Law School.

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Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes mod... More »

Preliminary Janus Summary

Published June 27th, 2018 -

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with sta... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

The Trump NLRB’s Administrative Law Problems

Published May 29th, 2018 -

One week last December, President Trump’s NLRB reversed five significant Board precedents.  It was the end of Board Chairman Phil Miscimarra’s term, and the Trump Administration had taken over less than a year before.  The reversals themselves weren’t surprisi... More »

Murphy Oil Opinion

Published May 21st, 2018 -

The Supreme Court holds this morning in Murphy Oil that class and collective action bars in arbitration agreements are enforceable under the Federal Arbitration Act (FAA) and are not incompatible with the NLRA.  The majority opinion by Justice Gorsuch is notab... More »

Can We Fix Gig Workers’ Taxes?

Published March 27th, 2018 -

Last year’s Tax Cuts and Jobs Act gave some gig workers — usually classified as independent contractors — a tax cut.  But the most vexing tax challenges facing these workers are not high rates but convoluted rules and tremendous compliance obstacles that leave... More »

Today’s News & Commentary — March 23, 2018

Published March 23rd, 2018 -

A policy rider in the spending bill passed last night bars employers from skimming workers’ tips.  As we noted earlier this week, Democrats sought the rider after controversy engulfed the Department of Labor’s effort to repeal an Obama Era tip regulation.  The... More »

Today’s News & Commentary — March 15, 2018

Published March 15th, 2018 -

“Organized labor, once seen as fractured and feckless in the Trump era, gave the Democrat Conor Lamb his edge in Pennsylvania,” says a New York Times analysis of last night’s special election.  A Politico analysis also noted Lamb’s strong support from unions, ... More »

Today’s News & Commentary—March 9, 2018

Published March 9th, 2018 -

Trump officially announced new tariffs on imported steel and aluminum yesterday, with industry workers standing on as he signed the proclamation.  As many have reported, the tariffs are billed as a measure to protect American manufacturing workers, but the ste... More »

Coverage After the Janus Oral Argument

Published February 28th, 2018 -

The Supreme Court heard oral argument on Monday in Janus.  Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effect... More »

Janus Oral Argument Transcript

Published February 26th, 2018 -

The Supreme Court has posted the transcript of this morning’s oral argument in Janus.  Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument.  We’ll have more coverage of the oral argument later this week. More »