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Mark Janus

Volokh Conspiracy

Footnote 12 and Retroactive Liability

An important point on judicial retroactivity buried in a footnote of Justice Kavanaugh's opinion in Barr v. AAPC.

Will Baude |The Volokh Conspiracy | 7.6.2020 11:38 PM

sfphotosthree789854 | Ron Sachs/SIPA/Newscom

Congress

House Bill To Undo State-Level 'Right To Work' Laws Is a Preview of Democrats' Post-2020 Priorities

The PRO Act would implement a veritable grab bag of policies that labor unions have been pushing Congress to pass for years. The House will vote on it this week.

Eric Boehm | 2.3.2020 5:30 PM

Volokh Conspiracy

Mark Janus doesn't get his money back

The Seventh Circuit's ruling on remedies for Janus violations

Will Baude |The Volokh Conspiracy | 11.7.2019 10:30 AM

Large image on homepages | Jeff Malet Photography/Newscom

Labor Unions

After the Supreme Court Said Unions Can't Force Non-Members to Pay Dues, Almost All of Them Stopped

After the Janus ruling, AFSCME lost 98 percent of its agency fee-paying members, while the SEIU lost 94 percent.

Eric Boehm | 4.9.2019 10:45 AM

Large image on homepages | Jeff Malet Photography/Newscom

Labor Unions

Despite Janus Ruling, Some Unions Still Forcing Public Workers to Pay Annual Dues

In California, new lawsuits aim to make unions respect the Supreme Court's authority.

Steven Greenhut | 11.16.2018 12:00 AM

Supreme Court

Compelled Subsidies and the First Amendment

Why both the dissent and majority in Janus were wrong, and what the next lawsuits may look like.

Will Baude |The Volokh Conspiracy | 11.9.2018 4:35 PM

Large image on homepages | Liberty Justice Center

Regulation

The Next Big Fight Over Organized Labor May Already Be Here

Striking down exclusive representation would allow labor organizers to give the boot to free-riding employees.

Eric Boehm | 11.2.2018 6:00 AM

Large image on homepages | Jeff Malet Photography/Newscom

Public Unions

Unions Change Their Tune on Janus Supreme Court Ruling

It was the end of the world...until it wasn't.

Steven Greenhut | 9.28.2018 12:00 AM

Large image on homepages | Gary Waters IKON Images/Newscom

Public Unions

What Part of the Janus Ruling Do Unions Not Understand?

The Supreme Court says they can't forcibly collect dues from workers unwilling to pay them, but several unions don't seem to get it.

Eric Boehm | 9.3.2018 9:00 AM

Union dues

What Janus Got Right -- and Wrong

Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review

Will Baude |The Volokh Conspiracy | 7.30.2018 8:00 AM

Supreme Court

More on Suits against Unions for Janus Violations

A response to Aaron Tang

Will Baude |The Volokh Conspiracy | 7.26.2018 8:03 AM

Large image on homepages

Union dues

Can Unions Be Sued For Janus Claims?

Surprising fallout from the Supreme Court's decision on agency fees

Will Baude |The Volokh Conspiracy | 7.19.2018 6:47 PM

Large image on homepages | Erik McGregor / Pacific Press/Newscom

Public Unions

Deprived of Mandatory Dues, Public Sector Unions Come After Your Tax Dollars

After Janus ruling, state lawmaker in New York wants to include collective bargaining costs in state union contracts.

Eric Boehm | 7.10.2018 3:10 PM

Supreme Court

The Stare Decisis Court?

The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?

Jonathan H. Adler |The Volokh Conspiracy | 7.8.2018 10:05 AM

Large image on homepages | Jonathan Ernst/REUTERS/Newscom

Supreme Court

Will Trump's Next SCOTUS Pick Be Able To Overturn Roe v. Wade?: Podcast

The short answer is no. The longer answer is maybe, a little at a time, and that's a problem. Plus, is 2018 turning into 1968, a year of high-profile violence?

Nick Gillespie | 7.2.2018 5:20 PM

Mark Janus

The Janus Dissent's Odd Underreading of Government Employee Speech Rights

"If an employee's speech is about, in, and directed to the workplace, she has no 'possibility of a First Amendment claim,'" say the dissenters -- but that's not what the First Amendment caselaw says.

Eugene Volokh |The Volokh Conspiracy | 6.27.2018 5:05 PM

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Reason Podcast

Janus v. AFSCME : Will Ending Mandatory Dues Kill Public-Sector Unions?: Podcast

Today's Supreme Court ruling is a win for freedom of association and free speech, but don't expect it to change statehouse politics overnight.

Nick Gillespie | 6.27.2018 4:50 PM

Mark Janus

The Limited Effects of the Supreme Court's Janus Decision

States that want to allow public sector unions, and avoid "free-rider" problems, should still be able to do that -- just by paying unions directly, rather than via compelled agency fees.

Eugene Volokh |The Volokh Conspiracy | 6.27.2018 11:50 AM

Large image on homepages | Jeff Malet Photography/Newscom

Mark Janus

Mandatory Union Dues Violate Workers' First Amendment Rights, SCOTUS Rules

A landmark victory for workers' rights will have major ramifications for the future of public sector unions.

Eric Boehm | 6.27.2018 10:27 AM

Large image on homepages | Liberty Justice Center

Mark Janus

Mark Janus Doesn't Want to Join a Union

Nick Gillespie | 5.31.2018 6:30 AM

Large image on homepages

Union dues

Unions Could Lose 726,000 Members if Mark Janus Wins His Supreme Court Case

Union-backed report finds unions could be screwed.

Eric Boehm | 5.10.2018 11:30 AM

Crime

I Doubt This Is the Right Way to Manipulate Justice Gorsuch

Capsule summary: "Vote the way we want you to, and maybe we'll have just a bit less contempt for you than we now do."

Eugene Volokh |The Volokh Conspiracy | 4.19.2018 8:19 AM

Large image on homepages | Jeff Malet Photography/Newscom

Public Unions

Awaiting Court Ruling, California Unions Appear Surprisingly Impotent

California unions and their allied politicians need to learn to respect the rights of California's government workers.

Steven Greenhut | 3.16.2018 12:15 AM

Large image on homepages | Jeff Malet Photography/Newscom

Public Unions

Public-Sector Unions Deserve to Be Destroyed

Mandatory fees are an assault on free association.

David Harsanyi | 3.2.2018 12:30 AM

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Supreme Court

Justice Kennedy Takes Aim at Public Sector Unions in Janus Oral Arguments

"It seems to me your argument doesn't have much weight."

Damon Root | 2.27.2018 1:30 PM

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Supreme Court

Monday's Big Supreme Court Case Will Decide the Future of Public Sector Unions

Janus v. AFSCME could end mandatory union dues payment. Counter-intuitively, it might strengthen the labor movement.

Eric Boehm | 2.26.2018 8:25 AM

Large image on homepages

Reason Podcast

Meet Mark Janus, Whose Supreme Court Case May End Compulsory Union Dues: Podcast

The social worker at the heart of Janus v. AFSCME explains why no public employee should be forced to pay union dues.

Nick Gillespie | 2.23.2018 3:15 PM

Mark Janus

My Podcast Debate on Mandatory Union Fees and the First Amendment

The National Constitution Center invited Alicia Hickok and me to debate Janus; Ms. Hickok wrote an amicus brief supporting Janus, and I signed an amicus brief supporting the AFSCME.

Eugene Volokh |The Volokh Conspiracy | 2.23.2018 11:53 AM

Supreme Court

The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus

The government always compels taxpayers to fund the management side of management-labor bargaining in public workplaces. Given this, why should there be a First Amendment problem with compelled funding (through agency fees as well as taxes) of both sides?

Eugene Volokh |The Volokh Conspiracy | 2.20.2018 1:58 PM

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Supreme Court

The Supreme Court's Big Public Sector Union Case Is Really About Free Speech

Can public sector unions force recalcitrant workers to pay dues, or does that violate the First Amendment?

Eric Boehm | 1.24.2018 2:14 PM

Supreme Court

The Limits of Textualism and the Union Agency Fee Case

I'm all for carefully reading the words of the Constitution, and applying the distinctions that it draws -- but we need to make sure we're understanding just what those distinctions are.

Eugene Volokh |The Volokh Conspiracy | 1.21.2018 5:35 PM

Volokh Conspiracy

Why There's No First Amendment Problem With Compulsory Union Agency Fees

Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.

Eugene Volokh |The Volokh Conspiracy | 1.19.2018 5:02 PM

Volokh Conspiracy

Internet Taxes, the Supreme Court, Old Decisions, and New Facts

A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.

Eugene Volokh |The Volokh Conspiracy | 1.19.2018 1:04 PM

Large image on homepages | Sam Simmonds/Polaris/Newscom

Law & Government

Public Sector Unions on Trial

Damon Root | 1.1.2018 12:00 PM

Large image on homepages | Jim West/ZUMA Press/Newscom

Union dues

Justice Dept. Opposes Mandatory Union Dues for Public Employees, Reversing an Old Position

DOJ argues workers are being forced to subsidize political positions with which they may disagree.

Scott Shackford | 12.7.2017 11:05 AM

Large image on homepages

Supreme Court

3 Supreme Court Cases to Watch in Fall 2017

What's at stake in the new SCOTUS term

Damon Root | 10.2.2017 9:50 AM

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Supreme Court

Supreme Court Agrees to Hear Case Against Compulsory Public-Sector Union Fees

SCOTUS will hear Janus v. American Federation of State, County, and Municipal Employees, Council 31 this term.

Damon Root | 9.28.2017 10:55 AM

Large image on homepages

Supreme Court

Is This the Supreme Court's Next Big Case Against Public-Sector Unions?

Janus v. American Federation of State, County, and Municipal Employees asks SCOTUS to end mandatory public-sector union fees.

Damon Root | 6.8.2017 10:20 AM

Volokh Conspiracy

Short Circuit: A roundup of recent federal court decisions

Eugene Volokh |The Volokh Conspiracy | 2.6.2017 4:21 PM

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