Type: Course
February 26, 2018 (updated 4:20 p.m.):, Today, the Supreme Court of the United States hears argument in, Janus v. AFSCME, . A ruling in favor of the petitioner could destroy America’s public sector labor unions as we know them. It may come as a surprise that this existential threat comes not from labor law but from the First Amendment. The high court is poised to rule that state laws authorizing unions to collect fees for their services from the employees the unions represent violate any objecting employee’s First…, Janus, may fit in the fabric of the court’s First Amendment jurisprudence. On one hand,, Janus, could be thought of as an example of the difficulties encountered by an expansive view of the First Amendment. The court, for example, has held that corporate spending to support or oppose candidates for political office is protected by the First Amendment. (, Citizens United v. Federal Election Commission, ) . It has also held that the Boy Scouts’ dismissal of a gay scoutmaster because of its opposition to homosexuality was protected by the First Amendment. (, Boy Scouts of America v. Dale, ). This term, the court seems prepared to hold that the First Amendment protects a baker’s refusal to bake a wedding cake for a gay couple because he objects to same-sex marriage. (, Masterpiece Cakeshop v. Colorado Civil Rights Commission, ). If the court concludes in, Janus, that the First Amendment gives public employees represented by a union the right to refuse to pay their share of the union’s costs of negotiating a pay increase for them, , Janus, might be thought of as part of this line of cases. However, a ruling in favor of, Janus, would be in tension with another line of the court’s First Amendment cases – those articulating the free speech rights of public employees. There, the court’s view of the First Amendment has been more restrictive. While recognizing that public employees do not waive their First Amendment rights when choosing to work for the government, the court has repeatedly emphasized that a government…, Garcetti v. Ceballos ,, the court held that the First Amendment did not protect from employer retaliation a prosecutor who complained to his supervisors about what he believed was police misconduct in connection with an application to a court for a search warrant. After, Janus,, it is likely that public employees will have a First Amendment right to refuse to pay their fair share for union representation but no First Amendment right to report government misconduct to their supervisors or managers. That seeming inconsistency will be hard to explain. **************************, UPDATE (Feb. 26, 2018, 4:20 p.m.), The oral arguments were, as might be expected, fast-paced and spirited. That two lawyers argued for each side only added to the sense of urgency in the back and forth with the justices. (Janus’ lawyer and the U.S. Solicitor General were on one side, while the Illinois Solicitor General and AFSCME’S lawyer were on the other). Before examining the role that existing First Amendment law played in…, Janus, will depend on the vote of Justice Neil Gorsuch, as all other members of the court have taken a position on the issue presented in the case. Today’s argument shed no light on his position because he did not ask a single question. Third, Justice Breyer was actively shopping a compromise to the lawyers and presumably to his colleagues. The compromise would be to adopt the approach of a concurring…, Lehnert v. Ferris Faculty Association, (1991). The question in the case was how to distinguish agency fees that were chargeable to public employees represented by a union and those that were not chargeable. Justice Scalia wrote that public employee unions should be able to charge only for the costs of fulfilling their statutory duty as the exclusive representative of all members of the bargaining unit. Presumably, if a majority…, Abood v. Detroit Board of Education , would survive. Finally, the apparent inconsistency between the court’s cases giving public employers great leeway in restricting employee speech and the petitioner’s position that the state cannot require public employees to pay their fair share for union representation was the subject of much discussion, and, not surprisingly, the lawyers were ready for the questions. Janus’ lawyer said that it…, Abood,, with Justice Gorsuch in the majority. *************************, This piece by RWU Law Dean Michael J. Yelnosky was published on February 26, 2018, on the, Roger Williams University First Amendment Blog .
Type: Article
From WABE, Atlanta's NPR affiliate:, " The 'Right to Bear Arms'... Against Slave Revolts? " by Steve Goss As the President, the Congress, and the American people discuss additional gun control measures, we thought it might be worth looking at the origin of the constitutional debate. The Second Amendment as ratified in 1791, reads: "a well-regulated militia, being necessary to the security of a free State, the right of the…, Carl T. Bogus is a Professor of Law at Roger Williams University School of Law in Rhode Island, and a recognized authority on the Second Amendment. , Here, he talks with WABE's Steve Goss. Excerpted from "The Hidden History of the Second Amendment" by Carl T. Bogus, published in the, University of California at Davis Law Review, , Vol. 31 (1998): "This Article challenges the insurrectionist model [the theory of the Second Amendment predicated on the idea that 'the ultimate purpose of an armed citizenry is to be prepared to fight the government itself']. The Second Amendment was not enacted to provide a check on government tyranny; rather, it was written to assure the Southern states that Congress would not undermine the…, To listen, click here .
Type: Article
BRISTOL, R.I., – Tim Baxter is the new chair of the RWU Board of Trustees, the board announced on Monday. Baxter, who served as vice president of the RWU Alumni Association, will be the first alumnus to serve as chair of the Board of Trustees. Baxter, President and CEO of Samsung Electronics North America , will become the seventh Board of Trustees chair in RWU history, succeeding Richard L. Bready, the…
Type: Article
Each year we take one day to recognize those men and women who protect our country. One day of recognition for the rights and freedoms we enjoy every day as a result of their service. What we know today as Veterans Day was first observed as “Armistice Day” on November 11, 1919, the first anniversary of the end of World War I. President Woodrow Wilson’s proclamation contained the language: "To us…
Type: Article
Successful Legal Strategies and Experiences from Israel, SPEAKERS, Baruch Perl, Esq., Lapidot, Melchior, Abramovich & Co. Tel Aviv, Israel, Miriam A. Ross, Esq., Law Offices of Miriam A. Ross, Avi Nevel, Rhode Island-Israel Collaborative (RIIC) President and CEO, AGENDA, 11:45 AM Lunch 12:00 PM Panel and Q&A 1:00 PM Networking Opportunities, ABOUT, This seminar will discuss some of the key lessons of the Israeli innovation ecosystem and its success, including information on how to: Structure the business venture Prevent and/or mitigate conflict and friction between founders Manage the relationships with investors, employees and others Prevent common mistakes in early stages Identify and protect critical assets (including IP) Lunch will be…, RSVP, | lawevents@rwu.edu
Type: Event
Law School keeps everyone busy. There never seems to be enough time to do all of the things that you want and need to do. The reading to prepare for class, researching papers, or client matters seems endless. Does anyone even remember the concept of reading for pleasure or intellectual curiosity? Sometimes you need to take a break! For a quick read – try the, New York Times, . The New York Times has something for everyone. Known for its coverage of current events, peruse the “front” page and you can quickly keep up with the latest political news, information on natural and man-made disasters around the world, or social movements. Looking for a little lighter reading or a more focused area of interest? Here are just a few of your options: Business – One can always…, New York Times, . Access to the, New York Times, is provided by the Law Library. Current members of the RWU Law School community may register for an account . Accounts must be renewed annually. If you have any questions about access, please remember to Ask a Librarian!
Type: Article
BRISTOL, R.I., – The 11th Marine Law Symposium will bring top experts to the Roger Williams University School of Law on Friday, Nov. 16, to address legal strategies for climate adaptation in coastal New England. Co-hosted by the Marine Affairs Institute , Rhode Island Sea Grant and the Georgetown Climate Center, the symposium is part of a yearlong RWU series titled “Ocean State/State of the Ocean: The…
Type: Article
BRISTOL, R.I., Nov. 15, 2018, – The National Criminal Defense College will hold its Trial Practice Institute at the Roger Williams University School of Law for the first time this summer. A pair of two-week sessions will take place from June 16-29 and July 21-Aug. 3, bringing more than 100 defense attorneys from across the country to the Bristol campus. “We are thrilled to partner with Roger Williams University School of…
Type: Article
