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Maddy Joseph

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Janus Amicus: Ben Sachs

Published January 22nd, 2018 -

An amicus filed on Friday in Janus and based on Ben’s new article Agency Fees and the First Amendment, 131 Harv. L. Rev. 1046 urges the Court to reject Janus’s challenge on the ground that it does not raise a valid First Amendment claim.  The amicu... More »

Today’s News & Commentary — January 19, 2018

Published January 19th, 2018 -

NLRB General Counsel Peter Robb may be seeking to reorganize the NLRB’s field offices, Bloomberg reported yesterday.  His proposal involves consolidating regional offices and placing at the top of each an official who would report directly to him.  This ... More »

AFSCME’s Brief in Janus

Published January 18th, 2018 -

AFSCME filed its response brief in Janus last week.  It defends Abood‘s distinction between collective bargaining and lobbying as doctrinally sound and makes a number of other arguments. Jurisdiction AFSCME first argues that the Court lacks subject matte... More »

Today’s News & Commentary — January 5, 2018

Published January 5th, 2018 -

After the recent slashing of the corporate tax rate, companies continue to announce bonuses for workers.  Jet Blue (whose flight attendants filed for an NLRB election in December) and Southwest join the list.  Yet the union representing Southwest’s techn... More »

Today’s News & Commentary—December 22, 2017

Published December 22nd, 2017 -

Airline and airport workers are organizing and striking this holiday season.  Earlier this week, the European budget airline Ryanair agreed to recognize cabin crew and pilot unions who were threatening a strike.  Now, Ryanair is under investigation by at least... More »

Janus Amicus Brief: American Center for Law & Justice

Published December 13th, 2017 -

The American Center for Law and Justice, a religiously oriented free speech advocacy organization, filed an amicus brief in Janus critiquing Professor Sachs Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018) (summarized here).  Nota... More »

Janus Amicus Brief: Charles Fried & Robert Post

Published December 12th, 2017 -

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this C... More »

Today’s News & Commentary — December 8, 2017

Published December 8th, 2017 -

On Capitol Hill yesterday, Senator Al Franken resigned after allegations that he had sexually harassed several women.  Meanwhile, the House Administration Committee held hearings in which it heard from employment law experts as it develops plans to reform how ... More »

United States’ Amicus Brief in Janus

Published December 7th, 2017 -

The United States filed an amicus brief last night in Janus v. AFSCME asking the Supreme Court to overrule Abood and to hold that public sector agency fee agreements are unconstitutional.  This represents a change in the federal government’s position sin... More »

Petitioner’s Brief Filed in Janus

Published December 1st, 2017 -

Earlier this week, the petitioner in Janus v. AFSCME filed this opening brief, which asks the Court to overrule Abood and to declare public sector agency fee agreements unconstitutional.  The thrust of the argument is that “Abood is offensive to the Firs... More »

Today’s News & Commentary — November 24, 2017

Published November 24th, 2017 -

Retailers are expected to hire slightly fewer temporary workers this holiday shopping season.  Although Target plans to hire thousands, Wal-Mart plans to hire none, promising instead to increase existing workers’ hours to accommodate the anticipated surg... More »

Today’s News & Commentary — November 10, 2017

Published November 10th, 2017 -

Postmates, the delivery start up, faces a new worker-classification lawsuit.  Vanity Fair has a quick report.  In related news, in the UK, Uber lost its appeal of a recent ruling that its drivers were not self-employed. The Nation recaps a troubling new report... More »