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Will the Court Consider the Facts in Janus?

Published February 28th, 2018 -

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts.  Janus is an Illinois state employee, who is represented by AFSCME Council 31.  Like all other employees in his bargaining unit, he is required to pay fa... More »

Janus Should Lose, and the Justices Know It

Published January 31st, 2018 -

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case uphol... More »

An Ominous Denial of Certiorari

Published November 9th, 2017 -

Last week the Supreme Court passed up an opportunity to resolve a hotly disputed aspect of employment arbitration law: Whether judges or arbitrators should decide whether class (or collective) arbitration is available when an arbitration agreement is silent on... More »

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 »