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Labor & Employment Law

Political Contribution Limits, Labor Unions, and Businesses - Podcast

Litigation and Free Speech & Election Law Practice Groups Podcast
James Manley March 26, 2015

The laws of six states prohibit businesses—but not unions or other groups—from contributing to political parties, committees, or candidates. On February 24, 2015, the Goldwater Institute filed suit on behalf of two family-owned Massachusetts businesses to challenge Massachusetts’ political contribution ban. Since 1908, businesses have faced a total contribution ban, but special rules implemented in 1988 allow unions to contribute as much as $15,000 before any disclosure requirements or other contribution limits apply to the union. After unions have donated $15,000 to campaigns, their PACs can continue to contribute up to the ordinary limits. Meanwhile, business-funded PACs are banned from contributing. Does the Massachusetts law violate state and federal constitutional guarantees of equal protection, free speech, and free association?

  • Jim Manley, Senior Attorney, Scharf-Norton Center for Constitutional Litigation, The Goldwater Institute

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores - Post-Argument SCOTUScast

SCOTUScast 3-11-15 featuring Rachel Paulose
Rachel K. Paulose March 11, 2015

On February 25, 2015, the Supreme Court heard oral argument in Equal Opportunity Employment Commission v. Abercrombie & Fitch Stores, Inc. This case asks whether knowledge of a required Title VII religious accommodation and an applicant or employee's clear notice of their "religious observance or practice" to their prospective or current employer is required for an employer to be held liable for violating Title VII of the Civil Rights Act of 1964 for choosing not to hire an applicant or dismissing an employee because of said "religious observance or practice."

To discuss the case, we have Rachel Paulose, who is a former Senate Confirmed United States Attorney.

Mach Mining v. Equal Employment Opportunity Commission - Post-Argument SCOTUScast

Post-Argument SCOTUScast featuring Paul Mirengoff
Paul E. Mirengoff January 27, 2015

On January 13, 2015, the Supreme Court heard oral argument in Mach Mining v. Equal Employment Opportunity Commission. This case involves the Equal Employment Opportunity Commission's (EEOC) Title VII duty to investigate claims of discrimination levied against an employer and to make good faith efforts to eliminate discriminatory employment practices before filing suit against that employer. The question this case asks is whether and to what extent a court may enforce the EEOC's duty to conciliate discrimination claims before filing suit.

To discuss the case, we have Mr. Paul Mirengoff, Mr. Mirengoff is a retired attorney in Washington, D.C. and is a blogger at powerlineblog.com.

Young Legal Scholars Paper Presentations - Event Audio/Video

17th Annual Faculty Conference
William Baude, Charles Korsmo, Minor Myers, Christopher Newman, Christopher J. Walker, Kevin Walsh, James Lindgren, Keith N. Hylton, Richard W. Garnett January 09, 2015

This panel was part of the 17th Annual Federalist Society Faculty Conference held on January 3-4, 2015 at the Omni Shoreham Hotel in Washington, DC.

Young Legal Scholars Paper Presentations
2:30-4:30 pm
In Memory of Prof. Dan Markel, Florida State University School of Law, Prawfsblawg Founder, and former Searle fellow

  • Prof. William Baude, University of Chicago Law School, "Is Originalism the Law?"
  • Prof. Charles Korsmo, Case Western University School of Law, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Minor Myers, Brooklyn Law School, "Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims"
  • Prof. Christopher Newman, George Mason University School of Law, "Bailment and the Property/Contract Interface"
  • Prof. Christopher Walker, Ohio State University Moritz College of Law, "Inside Agency Interpretation"
  • Prof. Kevin Walsh, University of Richmond School of Law, "In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions"
  • Commentor: Prof. James Lindgren, Northwestern University School of Law
  • Commentor: Prof. Keith Hylton, Boston University School of Law
  • Moderator: Prof. Richard Garnett, University of Notre Dame Law School

Washington, DC
January 3, 2015