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Progressive Federalism in the Wake of Janus

Published May 22nd, 2019 -

When the Supreme Court decided Janus v. AFSCME last year, the five-justice majority invalidated key provisions of collective bargaining agreements governing millions of workers across twenty-two states. Specifically, the Court held that such agreements could n... 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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Is New Prime a Poison Pill for Title VII?

Published January 22nd, 2019 - and

The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. But it seems odd that this Supreme Court would hand w... 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 »