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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 »

Coverage on Janus Cert. Grant

Published September 29th, 2017 -

The Supreme Court decided yesterday to hear Janus v. AFSCME.  The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional.  Since the order, reports and commentaries have analyzed Janus‘s threat to public sect... More »

Supreme Court Grants cert in Janus

Published September 28th, 2017 -

The Supreme Court will hear Janus v. AFSCME and revisit the constitutional status of agency fee agreements in the public sector.  We will provide extensive coverage of the case over the coming months. More »

The (Other) Problem in Murphy Oil

Published September 28th, 2017 -

Sharon and I have a piece up on Quartz today that highlights an argument in the Government’s Murphy Oil brief. To us, it looks like the Trump Administration is laying the groundwork to curtail protection for concerted activity outside the union organizin... More »

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 »