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21 posts

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 »

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Garcetti’s Impact on Teachers

Published June 3rd, 2019 -

The Supreme Court’s First Amendment decision in Garcetti (2006), which concerned the speech of public employees, has since been applied in several cases concerning public school teachers. Although some have been correctly decided, the reasoning lower courts ha... More »

May 26th, 2019

Weekend News & Commentary — May 26th, 2019

Published May 26th, 2019 -

The House of Representatives overwhelmingly passed a bipartisan bill on Thursday that would bring major changes to the American retirement system. The bill, H.R. 1994 (Setting Every Community Up for Retirement Enhancement Act, or SECURE Act), seeks to ease som... More »

February 18th, 2019

Today’s News & Commentary — February 18, 2019

Published February 18th, 2019 -

Since late January, tens of thousands of unionized and non-unionized workers in Matamoros, Mexico — a city which borders Brownsville, Texas — have gone out on strike.  Workers at maquiladoras (tax-advantaged factories), delivery drivers and others ... 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 »

October 19th, 2018

Today’s News & Commentary

Published October 19th, 2018 -

Amazon’s discriminatory hiring algorithm is not alone, Cathy O’Neill writes. Rather, many companies use algorithms for hiring and human resources tasks and intentionally seek to maintain plausible deniability about whether the algorithm perpetuates... More »

August 14th, 2018

Today’s News & Commentary — August 14, 2018

Published August 14th, 2018 -

President Trump acknowledged on Twitter on Monday that the White House required staff to sign nondisclosure agreements, which his aides have declined to confirm for months. Although legal experts say such agreements are essentially unenforceable for government... More »

 

Janus and the Private Sector

Published July 3rd, 2018 -

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

May 17th, 2018

Today’s News and Commentary — May 17, 2018

Published May 17th, 2018 -

A group of MIT engineers have managed to replace human chefs with robots, and a new restaurant in Boston will now operate with a fully robotic kitchen. The restaurant, named Spyce, will serve mostly vegetarian meals under the supervision of Michelin-starred ch... 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 »