Articles
Why the Colbert Report is wrong about friend-of-the-court briefs
Various news and entertainment outlets have questioned the usefulness of friend-of-the-court briefs (also known as amicus briefs) at the Supreme Court. Both the New York Times and the Colbert Report recently endorsed a law professor’s article questioning the validity of facts in those briefs. Both imply that amicus briefs should not be taken ...
Articles
Defending the right to remain silent in the workplace
The new issue of Regulation magazine has my article about Knox v. SEIU and the First Amendment right of workers not to be forced to support political campaigns they disagree with. … ...
Articles
Why Fisk & Chemerinsky are wrong about Knox
In an article forthcoming in the Columbia Law Review, Professors Catherine Fisk and Erwin Chemerinsky complain that the Supreme Court’s decision in Knox v. SEIU unfairly discriminates against the expressive rights of labor unions, and argue in favor allowing unions “to spend funds on political activities without needing to let dissentin ...
Articles
Erwin Chemerinsky’s sad criticism of Knox v. SEIU
Dean Erwin Chemerinsky published this article last week on the ABA Journal’s website complaining about the Supreme Court’s decision in Knox v. SEIU. That’s the case in which the Supreme Court said that the union must ask non-members before it takes away their money to run a political campaign. As I explain here, the rule … ...