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Analyzing Mulhall On the Eve of Oral Arguments

Nov 12, 2013 Jordan M. Grossman

The Supreme Court will hear oral arguments in Unite Here Local 355 vs. Mulhall tomorrow. The case has generated significant attention in the media, with the New York Times, National Public Radio, the International Business Times, and many others reporting on what is “potentially ‘the most significant labor case in a generation.’” We have been covering Mulhall […]

Three Problems in Mulhall

Nov 12, 2013 Jordan M. Grossman

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 suggested that at least four members of the Court were itching to affirm. After further pondering the case, and acknowledging that […]

Why Mulhall is a Hard Case

Nov 11, 2013 Jack Goldsmith

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 significant because, as Ben once noted, “essentially all successful union organizing campaigns today […]

Petitioner's Reply Brief in Mulhall

Nov 4, 2013 Jack Goldsmith

Here is the final brief in Mulhall, the Petitioner’s reply. Oral argument in nine days. We’ll have a preview and analysis before then.

Frampton on Standing in Mulhall

Oct 7, 2013 Jack Goldsmith

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 Jack Weinstein (E.D.N.Y.), has identified a potential fourth problem: Respondent (and […]

The Significance of Harris and Mulhall

Oct 4, 2013 Jordan M. Grossman

Building on our recent coverage of Harris and Mulhall, Reuters has a good piece discussing the significance of these labor law cases, which the Supreme Court will hear this Term. The Reuters piece highlights our view that “‘[t]hese are cases that go to the heart of the legal regimes that are necessary to enable unionization.'” As we have […]

Respondents’ Amicus Briefs in Mulhall

Sep 28, 2013 Jack Goldsmith

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) and the Cato Institute. Oral argument is November 13. UPDATE: There is a […]

Has the Employer in Mulhall Confessed to a Felony?

Sep 23, 2013 Benjamin Sachs

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 brief, just filed, brings home yet another oddity of this case. The […]

Respondents’ Briefs in Mulhall

Sep 20, 2013 Jack Goldsmith

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.

USG's Amicus Brief in Mulhall

Aug 22, 2013 Jack Goldsmith

And here is the United States’ amicus brief in Mulhall.

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Analyzing Mulhall On the Eve of Oral Arguments

Three Problems in Mulhall

Why Mulhall is a Hard Case

Petitioner's Reply Brief in Mulhall

Frampton on Standing in Mulhall

The Significance of Harris and Mulhall

Respondents’ Amicus Briefs in Mulhall

Has the Employer in Mulhall Confessed to a Felony?

Respondents’ Briefs in Mulhall

USG's Amicus Brief in Mulhall