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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 »

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 24, 2018

Published January 24th, 2018 -

Slate’s editorial staff voted 45-7 to unionize with the Writers Guild of America East, the company’s organizing committee announced, reports Splinter. Slate’s bargaining unit includes all but six senior newsroom employees and six podcast staffers. ... 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 »

Janus Amicus Brief: American Center for Law & Justice

Published December 13th, 2017 -

The American Center for Law and Justice, a religiously oriented free speech advocacy organization, filed an amicus brief in Janus critiquing Professor Sachs Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018) (summarized here).  Nota... More »

Janus Amicus Brief: Charles Fried & Robert Post

Published December 12th, 2017 -

Last week, First Amendment scholars Professors Charles Fried and Robert Post filed this amicus brief in Janus in support of neither party. On the one hand, Fried and Post worry that First Amendment “doctrines would be substantially undermined were this C... More »

United States’ Amicus Brief in Janus

Published December 7th, 2017 -

The United States filed an amicus brief last night in Janus v. AFSCME asking the Supreme Court to overrule Abood and to hold that public sector agency fee agreements are unconstitutional.  This represents a change in the federal government’s position sin... More »

Petitioner’s Brief Filed in Janus

Published December 1st, 2017 -

Earlier this week, the petitioner in Janus v. AFSCME filed this opening brief, which asks the Court to overrule Abood and to declare public sector agency fee agreements unconstitutional.  The thrust of the argument is that “Abood is offensive to the Firs... 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 »

Coverage on Janus Cert. Grant

Published September 29th, 2017 -

The Supreme Court decided yesterday to hear Janus v. AFSCME.  The Court seems poised to hold that agency-fee agreements for public sector workers are unconstitutional.  Since the order, reports and commentaries have analyzed Janus‘s threat to public sect... More »