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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 »

Today’s News & Commentary — November 29, 2017

Published November 29th, 2017 -

The Province of Ontario is testing the effects of a basic income program on poverty, reports the New York Times. Ontario will provide a basic income to 4,000 people who are unemployed or who make an annual salary of less than 34,000 Canadian dollars ($24,000) ... More »

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 »