With prospects for the misnamed Employee Free Choice Act (EFCA) having fallen to zero in Congress, the National Labor Relations Board (NLRB) has been busy instead issuing rulings expanding the legal prerogatives of labor unions. One that has the business community up in arms concerns “micro-unions,” in which a union designates a bargaining unit smaller than would be considered natural under Board precedent, but within which it thinks it can muster a voting majority. We covered the issue last year, and a ruling this May confirms that the NLRB is headed down this controversial path. I summarize at Cato at Liberty.
Various bloggers have prepared questions for Romney and Obama on topics that include the so-called gender pay gap, the mislabeled Employee Free Choice Act, and Rep. Paul Ryan’s view of unions. [ABA Journal]
- “Family sues for $25 million over death of Virginia Beach homeless man” [Pilot Online]
- New paper proposes voucherizing indigent criminal defense [Stephen Schulhofer and David Friedman, Cato Institute, more]
- “Why the Employee Free Choice Act Has, and Should, Fail” [Richard Epstein, SSRN]
- Free-market lawprofs file brief in class action arbitration case, Concepcion v. AT&T [PoL]
- Enactment of Dodd-Frank law results in flood of whistleblower-suit leads for plaintiff’s bar [Corporate Counsel, ABA Journal] “Will Whistle-Blowing Be Millions Well Spent?” [Perlis/Chais, Forbes]
- Sept. 28 in House: “Congressional Hearing on the Problems of Overcriminalization” [NACDL]
- Abusive-litigation angle seen in NYC mosque controversy [Painter, Legal Ethics Forum]
- Snark alert: Mr. Soros does something nice for Human Rights, and Human Rights does something nice for him [Stoll]
New at Forbes.com: John Endean has an important article demonstrating that while American unionists seek to use Canada’s pro-union labor laws as a model for their proposed Employee Free Choice Act (EFCA), they seldom mention that Canadians themselves have found it advisable to rethink and retreat from some of those laws. It’s a condensed adaptation of a paper that will soon be published here as the first in a planned Manhattan Institute series on labor policy. Check it out here (cross-posted from Point of Law).
- A triumph for good sense, good policy, and the Constitution: Supreme Court declines to disturb 2005 Protection of Lawful Commerce in Arms Act, thus ending NYC’s wrongful and unfair lawsuit against gun makers [AP/Law.com] Interestingly, the Obama administration joined its predecessor in urging that the law’s constitutionality not be questioned [Alphecca] One of my fond memories is of giving the lead presentation to the House Judiciary Committee at a hearing on the bill during its drive for passage.
- “Tinkering With DWI Evidence Costs NY Judge and Law Prof Their Jobs” [ABA Journal; Buffalo, N.Y.]
- Coalition of media organizations urges First Circuit to reverse judge’s “truth-no-defense” defamation ruling, but the Circuit denies en banc rehearing [Bayard/Citizen Media Law and sequel; earlier]
- Car-crash arbitration-fixing angle heating up in probe of Luzerne County, Pennsylvania judicial scandals [ABA Journal]
- ACORN helping with the Census? Based on their voter work, we can be sure they’ll give it that 110% effort [Jammie Wearing Fool]
- To protect the public, why do you ask? Cook County, Ill. sheriff engages in “constant surveillance of Craigslist’s erotic services” [Patrick at Popehat]
- Imposed-contract provisions mean that Employee Free Choice Act is “not as bad as thought. It’s worse!” [Kaus]
- West Virginia lawmaker proud of introducing ban-Barbie bill: “If I’ve helped just 10 kids out with this, to me it was worth it” [AP/Charleston Gazette-Mail, earlier]
Stuart Taylor, Jr. on the Employee Free Choice Act.
- Driving through town of Tenaha, Texas? Might be better to get accosted by the robbers and not the cops [San Antonio Express-News via Balko, Hit and Run]
- Location-tracking Google Latitude application could pose liability problems for unwary employers [PoL]
- EMTALA law obliges hospital ERs to treat many patients. OK, so how about ELRALA next, for lawyers? [White Coat Rants]
- New Jersey judge dismisses defamation suit by three women whose picture appeared in book “Hot Chicks with D-Bags” [Smoking Gun, earlier here and, relatedly, here] More: Taranto, WSJ “Best of the Web”, scroll.
- Myrhvold, often assailed as patent troll, sponsors quote/unquote neutral Stanford study of patent litigation [MarketWatch]
- Some thoughts on much-publicized tussle between Associated Press and Shepard Fairey over Obamacon photo [Plagiarism Today]
- Creative uses of immigration law: get that little homewrecker deported [Obscure Store]
- More than a few real estate lawyers were “hip-deep in mortgage fraud”. Will they tiptoe away? [Scott Greenfield]
- Roundup on the awful Employee Free Choice Act [PoL]
The magazine’s “Top Political Bloggers” poll this morning quotes me (twice) on the subject of the horrible and misnamed Employee Free Choice Act, which would end employees’ right to a secret ballot on unionization and impose union contracts on unwilling employers through obligatory arbitration. Most of my blogging on the subject of EFCA and its “card check” provision is actually at my other blog, Point of Law, though.
- Sen. Obama’s “I voted for tort reform” talk: maybe not so serious;
- Assaults on arbitration and pre-emption are just the start of the Litigation Lobby’s big plans for next year;
- A new featured column by Richard Epstein on the peculiarly named Employee Free Choice Act;
- Manhattan Institute’s Trial Lawyers, Inc. project is out with a new report on West Virginia;
- U.S. Department of Commerce: foreign investors fear our litigation climate;
- Albany plaintiff’s firm Powers & Santola ladles out campaign money to judges it practices before;
- Through the wringer? Judge Posner is quite severe on a clothes-dryer class action.
- McCain hoist on his own campaign regulation petard [WSJ edit] #
- Conservatives should hold a retreat to talk about why they’re being sent to the wilderness [Friedersdorf/Culture11] #
- Disability activism and “anti-national sexual positions”: just another day in postmodern academia [Massie] #
- Unionism on steroids: Employee Free Choice Act would be Thatcherism in reverse [Claire Berlinski, City Journal] #
- Here’s a twist: a politician walking over his ambition to reach his grandmother #