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Agency Fees

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Janus and Gerrymandering

Published October 6th, 2017 -

Two cases before the Supreme Court this Term will determine the extent to which political parties can entrench themselves in office.  The most obvious of these cases is Gill v. Whitford, which involves the constitutional permissibility of partisan gerrymanderi... More »

Janus, Agency Fees and the First Amendment

Published October 5th, 2017 -

In light of the Court’s grant of cert. in Janus v. AFSCME, I’m posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim ... More »

Janus and the Private Sector

Published September 29th, 2017 -

Maddy’s excellent wrap-up of yesterday’s Janus news includes a clip from Slate’s piece “Solidarity’s End.”  There, Mark Joseph Stern provides a very useful synopsis of agency fees law, but he also suggests that a Janus decis... More »

Coverage on Janus Cert. Grant

Published September 29th, 2017 -

The Supreme Court decided yesterday to hear Janus v. AFSCME.  The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional.  Since the order, reports and commentaries have analyzed Janus‘s threat to public sect... More »

Supreme Court Grants cert in Janus

Published September 28th, 2017 -

The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee agreements in the public sector.  We will provide extensive coverage of the case over the coming months. More »

Friedrichs Rehearing Petition Denied

Published June 28th, 2016 -

Months after reaching a 4-4 tie in Friedrichs v. California Teachers Association, the Supreme Court has denied the petitioners’ request for a rehearing. The Court waited until its final conference of the Term to vote on the petition, after postponing its decis... More »

Friedrichs Opinion

Published March 29th, 2016 -

In case you missed it, the Supreme Court has handed down a 4-4 affirmance of the lower court’s opinion in Friedrichs v. California Teachers Association. The Court’s 1977 opinion in Abood v. Detroit Board of Education thus remains good law, and publ... More »

Justice Scalia and Friedrichs

Published February 14th, 2016 -

With yesterday’s news of Justice Scalia’s unexpected passing, the consensus seems to be that the Supreme Court will reach a split 4-4 decision in Friedrichs v. California Teachers Association. In such an occurrence, the Ninth Circuit’s decision below — which u... More »

Friedrichs and the Private Sector

Published January 14th, 2016 -

Friedrichs is a case about fair share fees in the public sector. The question is whether the First Amendment prohibits public employers from bargaining and enforcing fair share agreements. So it was notable that one of the first questions during Monday’s oral ... More »