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The Supreme Court Got it Half Right in New Prime

Published January 24th, 2019 -

When the Supreme Court issued its decision in New Prime Inc. v. Oliveira last week, it was reported as a win for workers.  While that’s true, it was more like winning a consolation game after a bad call by a ref deprived you of your rightful place in the champ... More »

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A Response: Is the New Prime Pill Even More Bitter?

Published January 23rd, 2019 -

Yesterday, Ben and Adrienne sounded a note of caution about the Supreme Court’s opinion in New Prime Inc. v. Oliveira, which in many ways constitutes a rare win for workers at the Court.  They found a potential long-term problem for Title VII in the origi... More »

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Trump’s NLRB Thumbs its Nose at the Circuit Courts

Published January 11th, 2019 -

When three Republican appointees on the D.C. Circuit tell the NLRB that its approach to an issue is “without foundation in the Act, relevant case law or any general legal principle,” you might think the Trump appointees on the Board would take heed.  But,... More »

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Justice Powell Wouldn’t Recognize the Monster He Created

Published December 13th, 2018 -

If you don’t know about the Powell Memo, you should.  And, if you’ve heard of it, but haven’t read it, you ought to read it.  The Powell Memo, written in 1971 by future Supreme Court Justice Lewis Powell to the Chairman of the Education Committee of ... More »

 

Clean Slate Update

Published December 12th, 2018 - and

Last spring, we promised to share information about the project we’ve launched at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law Reform.” On Labor Day,  we laid out our vision for this ambitious project... More »

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What is Corporate America Trying to Hide?

Published October 17th, 2018 -

Louis Brandeis famously wrote “publicity is justly recommended as a remedy for social and industrial diseases.  Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”  We now live in a world where citizens, armed with c... More »

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How We Value Investors and Workers

Published September 25th, 2018 -

I wrote about the now-infamous case where Brett Kavanaugh dissented from an opinion upholding a fine by the Occupational Safety and Health Administration (OSHA) against SeaWorld after a killer whale lived up to its name by killing a trainer.  As a result of th... More »

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The NLRB’s Joint Employer Rule Fails its Own Test

Published September 17th, 2018 -

The Trump appointees on the NLRB have proposed a new “joint employer” rule that they claim will foster “predictability and consistency.” But, it is readily apparent that the proposed rule will not accomplish these goals.  The proposed rule will, however, resul... More »