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40 posts

April 25th, 2019

Today’s News & Commentary — April 25, 2019

Published April 25th, 2019 -

In Lamps Plus v. Varela, the Supreme Court held yesterday that “[u]nder the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.”  In the case, Lam... More »

March 14th, 2019

Today’s News & Commentary — March 14, 2019

Published March 14th, 2019 -

Yesterday Democrats in both the House and the Senate reintroduced the Equality Act, a bill that would bar discrimination on the basis of sexual orientation or gender identity in employment, housing, and public accommodations.  Forty-four business groups, inclu... More »

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Is New Prime a Poison Pill for Title VII?

Published January 22nd, 2019 - and

The Supreme Court’s opinion in New Prime Inc. v. Oliveira is rightly being heralded as a victory for workers. The Court, after all, has finally found a mandatory arbitration agreement that it won’t enforce. But it seems odd that this Supreme Court would hand w... More »

November 8th, 2018

Today’s News & Commentary — November 8, 2018

Published November 8th, 2018 -

In its first opinion of the term, the Supreme Court unanimously (8-0) ruled in favor of the employees in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act (ADEA) applies to all public employers regardless of employee he... More »

October 7th, 2018

Weekend News & Commentary

Published October 7th, 2018 -

On Saturday afternoon, the Senate confirmed the appointment of Brett Kavanaugh to the U.S. Supreme Court.  The 50-48 vote is among the closest in history, and the tenor of battles over Kavanaugh’s fitness revealed and further rived a divided a country.  Much c... More »

October 1st, 2018

Today’s News & Commentary

Published October 1st, 2018 -

On the cusp of an ideological majority for the first time in over half a century, the U.S. Supreme Court begins its new term today, again – like in 2016 – with an 8-Justice lineup.  While the fate of the current nominee is uncertain, the Court is slated for wh... 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 »

 

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 »

 

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 »

February 23rd, 2018

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 »