Will the Court Consider the Facts in Janus?
Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering...
Will the Court Consider the Facts in Janus?
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Agency Fees
Coverage After the Janus Oral Argument
Coverage After the Janus Oral Argument
The Supreme Court heard oral argument on Monday in Janus. Analyses report that, as expected,...
Janus Oral Argument Transcript
Janus Oral Argument Transcript
The Supreme Court has posted the transcript of this morning's oral argument in Janus. Notably,...
Using History to See the Glass Part Full in Janus v. AFSCME
Using History to See the Glass Part Full in Janus v. AFSCME
Janus v. AFSCME will soon decide the constitutional fate of fair-share fees for public sector unions. These fees support unions’ collective bargaining work on behalf of employees they are legally required to represent but who are not union members. Most prognosticators expect the Supreme Court to hand the National Right to Work Legal Defense Foundation (NRTWLDF) a win on its claim that such fees violate the First Amendment rights of non-union workers. Yet, as I develop further below, the history that led to Janus offers three thin rays of hope to the labor movement.
Janus Should Lose, and the Justices Know It
Janus Should Lose, and the Justices Know It
Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and...
Janus Amicus: Economists & Law Professors
Janus Amicus: Economists & Law Professors
A group of over two dozen economists and law and economics professors filed an amicus...
Janus Amicus: Labor & Employment Law Professors
Janus Amicus: Labor & Employment Law Professors
Several leading professors of labor and employment law have filed an amicus brief in support of...
Janus Amicus: Ben Sachs
Janus Amicus: Ben Sachs
An amicus filed on Friday in Janus and based on Ben's new article Agency Fees and the First...
AFSCME’s Brief in Janus
AFSCME’s Brief in Janus
AFSCME filed its response brief in Janus last week. It defends Abood's distinction between...
Agency Fees and the Earmarking Doctrine
Agency Fees and the Earmarking Doctrine
Wes Turner is a J.D. candidate at Washington University School of Law. In the upcoming case...
Janus Amicus Brief: American Center for Law & Justice
Janus Amicus Brief: American Center for Law & Justice
The American Center for Law and Justice, a religiously oriented free speech advocacy...
Janus Amicus Brief: Charles Fried & Robert Post
Janus Amicus Brief: Charles Fried & Robert Post
Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus...