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Three Problems in Mulhall

Published November 12th, 2013 -

This is a re-post of Jack Goldsmith’s August 21, 2013 post titled, “Three Problems in Mulhall.“ I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggest... More »

Why Mulhall is a Hard Case

Published November 11th, 2013 -

The Supreme Court case considering the legality of union organizing agreements – UNITE HERE Local 355 v. Mulhall – is being argued Wednesday.  Ben describes Mulhall in today’s NYT as potentially “the most significant labor case in a generation.”  The case is s... More »

Frampton on Standing in Mulhall

Published October 7th, 2013 -

Last month I outlined three “procedural hurdles” to affirmance in Mulhall: a possible absence of a private right of action, inadequate pleading, and mootness.  In a good essay just posted on SSRN, Thomas Frampton, a Berkeley law grad and a law clerk for Judge ... More »

Respondents’ Amicus Briefs in Mulhall

Published September 28th, 2013 -

At least two Amicus brief were filed yesterday in Mulhall support of Respondents.  Here is the brief by the Council on Labor Law Equality.  And here is the brief by the National Federation of Independent Business Small Business Legal Center (NFIB Legal Center)... More »

Has the Employer in Mulhall Confessed to a Felony?

Published September 23rd, 2013 -

As we have already discussed, UNITE HERE Local 355 v. Mulhall is a case with potentially enormous implications and, yet, a case that the Court probably should not have taken.  Jack has written about three problems with the Mulhall grant.  But the employer’s br... More »

Respondents’ Briefs in Mulhall

Published September 20th, 2013 -

Today the respondents in Unite Here Local 255 v. Mulhall filed their briefs on the merits.  Here is the brief by respondent Martin Mulhall.  And here is the brief by respondent Hollywood Greyhound Park Inc.  Thoughts next week. More »

Unions' Amicus Brief in Mulhall

Published August 22nd, 2013 -

Here is the amicus brief filed by the American Federation of Labor and Congress of Industrial Organizations, Service Employees International Union, and National Education Association, in support of Petitioner UNITE HERE in Mulhall. More »

What the Grant of Certiorari in Mulhall Means

Published August 13th, 2013 -

Over the next two weeks I will be offering my preliminary thoughts on Mulhall (which Ben posted on last week).  Here I will address the significance of the Court’s grant of certiorari in the case. At first I thought that pro-labor groups, gripped by understand... More »