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Today’s News & Commentary — November 7, 2019

Published November 7th, 2019 -

On Tuesday, the Seventh Circuit held that government employees who paid agency fees to public sector unions cannot recover fees collected prior to the Supreme Court’s 2018 decision in Janus v. AFSCME.  The plaintiff in Tuesday’s case was Mark Janus himself.  W... More »

September 3rd, 2019

Today’s News & Commentary — September 3, 2019

Published September 3rd, 2019 -

Yesterday, Mark Joseph Stern reported in Slate about Alaska Attorney General Kevin Clarkson’s plan to alter the process by which the state deducts union member dues from public employees’ paychecks. The plan was released last Tuesday in the form of a legal opi... More »

April 11th, 2019

Today’s News & Commentary — April 11, 2019

Published April 11th, 2019 -

On Tuesday the Massachusetts Supreme Judicial Court upheld the right of unions to serve as the exclusive representatives of employees in public sector bargaining units.  In Branch v. Commonwealth Employment Relations Board, four government employees represente... More »

February 28th, 2019

Today’s News & Commentary — February 28, 2019

Published February 28th, 2019 -

Later this morning, Senator Richard Blumenthal and Representatives Hank Johnson and Jerry Nadler will hold a press conference announcing the Forced Arbitration Injustice Repeal (FAIR) Act, a bill that would amend the Federal Arbitration Act to exempt mandatory... More »

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Exclusive Representation and the First Amendment

Published February 13th, 2019 -

In Janus, the Supreme Court held that the First Amendment prohibits mandatory agency fees in the public sector. Although Janus had nothing to do with the constitutional status of exclusive representation, the majority’s opinion mentions exclusive represe... More »

December 19th, 2018

Today’s News & Commentary — December 19, 2018

Published December 19th, 2018 -

In wage and Auer news, Bloomberg reports that a potential Supreme Court ruling upending “Auer deference” could magnify judicial oversight of federal agencies enforcing labor and employment law.  Named after the Supreme Court’s decision in Auer v. Robbins and d... More »

July 19th, 2018

Today’s News & Commentary — July 19, 2018

Published July 19th, 2018 -

This week the U.S. Labor Department formally rescinded the Obama-era “persuader rule” that mandated employers to disclose information about their one-on-one communications with union-avoidance consultants.  The rule was promulgated under the Labor-Management R... More »

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Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 -

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of emp... More »

 

Coverage After the Janus Oral Argument

Published February 28th, 2018 -

The Supreme Court heard oral argument on Monday in Janus.  Analyses report that, as expected, there were pointed questions for AFSCME and Illinois by Justices Alito and Kennedy; the four liberal justices took every opportunity to highlight the potential effect... More »

 

Janus Oral Argument Transcript

Published February 26th, 2018 -

The Supreme Court has posted the transcript of this morning’s oral argument in Janus.  Notably, Justice Gorsuch, expected to be the deciding vote, did not speak during the argument.  We’ll have more coverage of the oral argument later this week. More »

February 23rd, 2018

Today’s News & Commentary — February 23, 2018

Published February 23rd, 2018 -

In advance of Monday’s oral argument in Janus, Bloomberg and the New York Times consider what might become of public sector unions if Abood is overruled. In These Times has a long feature on the advocacy groups who are funding not only Janus but also oth... More »

 

Janus Amicus: Economists & Law Professors

Published January 30th, 2018 -

A group of over two dozen economists and law and economics professors filed an amicus in Janus in support of the respondents.  The brief argues that “decades if not centuries of economic theory and empirical evidence” establish that many who pay ag... More »