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16 posts

Today’s News & Commentary — November 15, 2017

Published November 15th, 2017 -

The ACLU filed a lawsuit in the Middle District of North Carolina on behalf of the Farm Labor Organizing Committee (FLOC) alleging that a new state law would make it all but impossible for the farmworkers’ union to continue operations. The lawsuit challe... More »

Today’s News & Commentary—October 12, 2017

Published October 12th, 2017 -

According to this article, labor unions are using Social Media and lobbying on Capitol Hill to demand that lawmakers end the North American Free Trade Agreement (NAFTA). The unions argue that NAFTA hurts American workers by allowing unfair competition from for... 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 »

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 »

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 »

Today’s News & Commentary — September 28, 2017

Published September 28th, 2017 -

According to the New York Times, apprenticeships have the power to help Americans gain jobs and secure rising wages. This article details Destina Garcia, a woman who secured an apprenticeship as a community health worker and then secured a permanent job. Presi... More »

Today’s News & Commentary — September 19, 2017

Published September 19th, 2017 -

Today, the Senate Committee on Health, Education, Labor and Pensions will hold a hearing on the Trump administration’s Equal Employment Opportunity Commission (EEOC) nominations.  Janet Dhillon and Daniel Gade are the nominees.  Dhillon, who is currently... More »

Reforming Police Unions

Published July 31st, 2017 -

The many recent instances of police killing civilians have sparked calls to fire and prosecute the officers involved, and outrage at the police unions’ defense of accused officers and resistance to summary discipline. People rightly wonder why the union concei... More »

Today’s News & Commentary—July 20, 2017

Published July 20th, 2017 -

According to the Washington Post, the U.S. Postal Service violated federal law by pressuring managers to approve employees’ requests for time off last year to campaign for Hilary Clinton. While federal workers can use their time to off to campaign or donate to... More »

Competing Visions of Labor Law

Published July 11th, 2017 -

Two recent circuit court decisions highlight how much the composition of the Board and the courts affects rights protected by the National Labor Relations Act.  One case, MikLin Enterprises v. NLRB, addressed whether workers at a Jimmy John’s franchise had los... More »