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26 posts

Will the Court Consider the Facts in Janus?

Published February 28th, 2018 -

Mark Janus’s lawyers are desperate to have the Court decide Janus v. AFSCME without considering any facts.  Janus is an Illinois state employee, who is represented by AFSCME Council 31.  Like all other employees in his bargaining unit, he is required to pay fa... 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 »

Daily News & Commentary — February 27, 2018

Published February 27th, 2018 -

Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the c... 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 »

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 Should Lose, and the Justices Know It

Published January 31st, 2018 -

Most of the coverage of Janus v. AFSCME, like this recent piece in USA Today, simply (and perhaps correctly) assumes that the five Republican appointees on the Supreme Court will use the case to overturn Abood v. Detroit Board of Education, the 1977 case uphol... 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 »

Janus Amicus: Labor & Employment Law Professors

Published January 29th, 2018 -

Several leading professors of labor and employment law have filed an amicus brief in support of the respondents in Janus.  The brief, authored by Samuel Estreicher, was filed by Cynthia Estlund, Estreicher, Julius Getman, William Gould, Michael Harper, and The... More »

Today’s News & Commentary — January 22, 2018

Published January 22nd, 2018 -

Public Citizen filed a lawsuit on January 19th asking Department of Labor and the Occupational Safety and Health Administration to turn over copies of forms employers were required to file with the government. In 2017, for the first time, OSHA required compani... More »

Janus Amicus: Ben Sachs

Published January 22nd, 2018 -

An amicus filed on Friday in Janus and based on Ben’s new article Agency Fees and the First Amendment, 131 Harv. L. Rev. 1046 urges the Court to reject Janus’s challenge on the ground that it does not raise a valid First Amendment claim.  The amicu... More »

AFSCME’s Brief in Janus

Published January 18th, 2018 -

AFSCME filed its response brief in Janus last week.  It defends Abood‘s distinction between collective bargaining and lobbying as doctrinally sound and makes a number of other arguments. Jurisdiction AFSCME first argues that the Court lacks subject matte... More »