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Tie Votes in the Supreme Court

Published February 15th, 2016 -

Relevant to our earlier discussion of how Justice Scalia’s passing affects Friedrichs, University of Denver Professor Justin Pidot recently posted a draft paper regarding tie votes in the Supreme Court. In his paper, Professor Pidot contends that ties not only... More »

The Problem with the WSJ's Appeal to Scalia

Published January 24th, 2014 -

The Wall Street Journal editorial page is concerned that Justice Scalia might provide a fifth vote to affirm the seventh circuit’s decision in Harris v. Quinn.  The Journal believes that there is a “first constitutional principle” at stake in Harris and that “... More »

Reuters on the Implications of Mulhall

Published December 11th, 2013 -

Amanda Becker and Lawrence Hurley of Reuters have a good piece today on the implications of the Supreme Court’s dismissal of Mulhall. In the article, Professor Sachs stresses that the Eleventh Circuit ruling that will remain in place was very narrow, and... More »

Mulhall Dismissed!

Published December 10th, 2013 -

In a post published in August (and republished in November), I expressed puzzlement about the Supreme Court’s grant of certiorari in Mulhall.  “I am beginning to think that the procedural hurdles to affirmance are so great that the grant might have been imprud... More »

Loans, Deliveries and Money in Mulhall

Published December 4th, 2013 -

In Unite Here Local 355 v. Mulhall, the parties have asked the Supreme Court to interpret §302 of the Labor Management Relations Act (LMRA), which provides that an employer may not “pay, lend, or deliver… any money or other thing of value” to a union. Unite He... More »

The WSJ's Legal Mistake on Mulhall

Published November 19th, 2013 -

The Wall Street Journal’s editorial page argued last week that the Supreme Court should hold in favor of Mulhall and declare organizing agreements “thing[s] of value” that employers may not “pay, lend, or deliver” to unions.  In the course of making this argum... More »

Another Reaction to the Mulhall Argument

Published November 13th, 2013 -

Here’s another very quick reaction to the oral argument in Mulhall. One of more the interesting themes in today’s oral argument was developed during an exchange between Justice Scalia and William Messenger, the attorney for Respondent Mulhall.  Justice S... More »

Quick Reactions to Mulhall Argument

Published November 13th, 2013 -

I am traveling and have only a moment now to comment on today’s oral argument in Mulhall.  After reading through the transcript once, my quick initial reactions are as follows. It is always hazardous to predict ultimate disposition from oral argument, but I wo... More »