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11 posts

NFL Anthem Protests Highlight Another Flaw in Labor Law

Published October 20th, 2017 -

While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker c... More »

Kaepernick’s Grievance and Fancy Retaliation Theories

Published October 18th, 2017 -

It seems like ages ago, but before the President starting telling NFL owners whom to fire, the big anthem story had been the failure of any NFL team to hire Colin Kaepernick out of free agency. Now that topic is back with Kaepernick filing a grievance against ... More »

Kap, Collusion, and Labor Market Competition

Published October 16th, 2017 -

There are only a few dozen people on the planet who can play QB in the NFL. Colin Kaepernick is one of them. Yet, even though he’s expressed an eagerness to return to the playing field, Kaepernick has now been passed over for QB positions on several clubs. Man... More »

Today’s News & Commentary — October 16, 2017

Published October 16th, 2017 -

Today, the Department of Labor will announce 23 members of the president’s apprenticeship task force.  The Wall Street Journal reports that the group will consist of corporate executives, labor unions, and governors and that the task force will be charged with... More »

Today’s News & Commentary — October 13, 2017

Published October 13th, 2017 -

In New York City, more people are taking Uber than traditional yellow cabs, the New York Times reports.  Uber’s growth has been fueled by new riders in the outer boroughs; a similar trend–new customers outside the city center–is also taking h... More »

Benching Anthem Protesters is Illegal

Published October 12th, 2017 -

On Sunday, Jerry Jones, the owner of the Dallas Cowboys, said he would bench players who did not stand during the national anthem. This threat was publicized nationally and applauded by President Trump. (In the last few hours, the President told Fox News that ... More »

Today’s News & Commentary—October 11, 2017

Published October 11th, 2017 -

Following a threat from Jerry Jones, the owner of the Dallas Cowboys, to keep members of his team from competing if they refuse to stand during the national anthem, Local 100 of the United Labor Unions lodged a complaint with the National Labor Relations Board... More »

Unity and the 1987 NFL Players’ Strike

Published October 3rd, 2017 -

This past weekend saw a continuation of the remarkable show of solidarity amongst players in the National Football League.  Prior to Donald Trump’s denouncing of former San Francisco quarterback Colin Kaepernick, only a handful of players had joined Kaepernick... More »

NFL Anthem Protests: Protected Concerted Activity

Published September 25th, 2017 -

I’ve been getting a number of press calls asking whether the NFL players who are sitting down during the national anthem might be disciplined by the League for doing so, or whether they enjoy legal protection against such employment action. I recommend, ... More »

The NFL Combine: Does the 40-Yard Dash Violate the ADA?

Published April 25th, 2017 -

The 2017 NFL Draft begins on April 27, when the nation’s most promising college football players will be holding their breath, waiting for their names to be called out (or not).  Their draft status will depend on an unknowable combination of factors, including... More »