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41 posts

Will the Supreme Court Ignore Pleading Rules in Janus?

Published September 7th, 2017 -

Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s ... More »

Gorsuch’s Judicial Approach and Workplace Protection

Published February 7th, 2017 -

When Judge Neil Gorsuch accepted his nomination to the Supreme Court, he professed modesty about his role on the Court, if he is confirmed.  He proclaimed that it is the role of judges to “apply not alter the work of the people’s representatives.”  But, unfort... More »

The Supreme Court Vacancy and Labor: Neil Gorsuch

Published January 31st, 2017 -

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Neil Gorsuch currently serves as a judge on the United States Court of Appeals for the 10th Circui... More »

The Supreme Court Vacancy and Labor: William Pryor

Published January 30th, 2017 -

President Donald Trump plans to announce his nominee to fill the late Justice Scalia’s seat on the Supreme Court this Thursday.  Among the rumored candidates is Judge William H. Pryor Jr. of the 11th Circuit, who met with the president two weeks ago.  Judge Pr... More »

Supreme Court Roundup

Published September 6th, 2016 -

Jonathan R. Harkavy, of Patterson Harkavy in Greensboro, N.C., has just posted a very useful (and thorough) review of the labor and employment docket from the Supreme Court’s last Term.  The piece is available through SSRN. More »

When the Supreme Court Makes Labor Policy

Published March 14th, 2016 -

Have you ever read a newspaper article (or the on-line equivalent) reporting on something that you know about first-hand?  If you’re like me, you notice that there are invariably some factual errors.  This is understandable – reporters tend to have tight deadl... More »

The Supreme Court Vacancy and Labor: Paul Watford

Published March 9th, 2016 -

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Paul Watford has been a judge on the 9th Circuit since his nomination by President Obama in 2012. ... More »

The Supreme Court Vacancy and Labor: Sri Srinivasan

Published March 4th, 2016 -

This post is part of an ongoing series on the labor decisions and positions of some of the likely potential picks to replace Justice Scalia on the Supreme Court. Sri Srinivasan is currently a judge on the U.S. Court of Appeals for the D.C. Circuit.  The Senate... More »

What Scalia’s Replacement Could Mean for Workers

Published February 26th, 2016 -

If Justice Scalia’s replacement is progressive, the Supreme Court will have a five-Justice liberal majority for the first time in decades.  Given the significant number five-to-four decisions limiting the rights of and protections for workers, the importance o... More »