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Brett Kavanaugh, “Common Sense,” and Class Prejudice

Published July 12th, 2018 -

In ruling on a case involving the rights of telephone company employees to wear union t-shirts while they were working, Brett Kavanaugh began his opinion with the observation that “common sense sometimes matters in resolving legal disputes.”  But, as the case ... More »

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Watch Out Workers, Here Comes Brett Kavanaugh

Published July 10th, 2018 -

In 2010, a trainer at SeaWorld drowned when the killer whale she was working with during a performance “grabbed her and pulled her off the platform into the pool, refusing to release her.”  The Occupational Safety and Health Administration (OSHA) investigated ... More »

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The Kavanaugh Nomination and Labor

Published July 10th, 2018 -

Yesterday, President Trump nominated Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the Supreme Court.  Kavanaugh currently serves as a judge on the United States Appeals Court for the District of Columbia Circuit. He was nominated to the D.C. ... More »

Today’s News & Commentary — June 29, 2018

Published June 29th, 2018 -

In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich  franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants.  Jimmy John’s may control mayonnai... More »

Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes mod... More »

Preliminary Janus Summary

Published June 27th, 2018 -

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with sta... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »