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14 posts

Weekend News & Commentary — August 25–26, 2018

Published August 26th, 2018 -

On Saturday, Judge Ketanji Brown Jackson for the U.S. District Court for the District of Columbia rejected a series of President Trump’s executive orders.  Jackson ruled that boosting federal agencies’ firing rights would deny collective bargaining rights for ... 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 »

Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes mod... More »

Today’s News & Commentary — June 28, 2018

Published June 28th, 2018 -

The Supreme Court struck a major blow to public sector unions yesterday. The Janus ruling held that the First Amendment prohibits states from requiring non-union members to pay so-called “agency fees” to the union that represents them. Sharon Block and Ben Sac... More »

Today’s News & Commentary — June 25, 2018

Published June 25th, 2018 -

Microsoft employees are pressuring the company to cancel its $19.4 million contract with ICE and institute a policy against working with clients who violate international human rights law.  In an open letter to the company’s CEO, over 100 Microsoft employees w... More »

Weekend News & Commentary — May 26-27, 2018

Published May 27th, 2018 -

On Friday Professor Sachs wrote for Vox to explain how the NFL’s new policy punishing players who kneel during the national anthem in protest of police brutality and racism violates labor law and likely the First Amendment.  As Sejal summarized in her post, Pr... 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 »

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 »

Janus and Gerrymandering

Published October 6th, 2017 -

Two cases before the Supreme Court this Term will determine the extent to which political parties can entrench themselves in office.  The most obvious of these cases is Gill v. Whitford, which involves the constitutional permissibility of partisan gerrymanderi... More »