It doesn’t get more exciting than this!

For administrative law nerds, U.S. Tenth Circuit Court Judge Neil Gorsuch’s concurring opinion this week calling for the High Court to reconsider its Chevron doctrine is about as thrilling as it gets!  Although it is hard to top, Tony Francois … Continue reading

Government unions: the Praetorian Band of the government

America’s founding fathers knew their ancient history well. The experiences of Greece and Rome were almost the only guides they had when fashioning a government that wasn’t a monarchy. And one thing they feared was what they called “Caesarism”: the … Continue reading

Opening salvos in the teacher union dues case

The briefing in Friedrichs v. California Teachers Association is underway. You’ll recall that this Supreme Court case presents the issue of whether public employee unions can garnish the wages of non-union members to support the unions’ collective bargaining and other … Continue reading

How would you avoid disparate impact liability?

Disparate impact theory tells employers that they have broken the law when a concededly neutral hiring practice produces too many employees of one race and not enough of another. Let’s say you’re an employer looking to hire 20 people from … Continue reading

States resisting the feds—immigration and Obamacare

The Supreme Court today heard oral arguments about Arizona’s efforts to crack down on illegal immigration. That state’s law gives police officers the duty to check identification and take other steps to enforce federal immigration laws which, the state argues, … Continue reading