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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 »

An Ominous Denial of Certiorari

Published November 9th, 2017 -

Last week the Supreme Court passed up an opportunity to resolve a hotly disputed aspect of employment arbitration law: Whether judges or arbitrators should decide whether class (or collective) arbitration is available when an arbitration agreement is silent on... 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 »

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 »

Murphy Oil Oral Argument Summary

Published October 3rd, 2017 -

This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Yesterday, the Supreme Court heard oral arguments in the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young.  The court has released th... More »