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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 »

Janus, Agency Fees and the First Amendment

Published October 5th, 2017 -

In light of the Court’s grant of cert. in Janus v. AFSCME, I’m posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim ... More »

How Bad Could it Get (Legally)?

Published May 26th, 2017 -

It’s a good moment to think creatively and expansively about how to revitalize the U.S. labor movement.  This important work is underway, with contributions from academics, labor lawyers, union organizers, and others.  Substantive debates about the futur... More »