Category Archives: Labor Relations

National Labor Relations Board v. Noel Canning: Behind the Decision

On June 26, 2014, the Supreme Court declared the recent use of presidential recess appointment power unconstitutional in National Labor Relations Board v. Noel Canning. Professor Sanford Greenberg (IIT Chicago-Kent College of Law) explains this highly technical, yet very important, ruling.

Breyer and Scalia Debate the Role of Established Practice in Constitutional Interpretation

Although Justices Breyer and Scalia ended up on the same side in today’s landmark decision on the President’s recess appointment power, they offered starkly opposing views on the question of whether the past practice of the executive can resolve this constitutional question.

Inside the Case: NLRB v. Noel Canning

Case:

NLRB v. Noel Canning

In January 2014, the Supreme Court will hear oral argument in National Labor Relations Board v. Noel Canning. Even though this case seems technical at first glance, its wide-ranging impact could affect the political process and the functioning ability of a partisan US government.

Professor Carolyn Shapiro (IIT Chicago-Kent College of Law) explains the case and its implications.

Unite Here v. Mulhall Dismissal

Case: Unite Here Local 355 v. Mulhall This week, the Supreme Court ruled that Unite Here Local 355 v. Mulhall had been improvidently granted and thus dismissed the case. But what does that mean for the law? The results are unclear. Professor César F. Rosado Marzán of Chicago-Kent College of Law, who discussed Mulhall for … Continue reading Unite Here v. Mulhall Dismissal

Business in the Supreme Court

Earlier this year, Judge Richard Posner and his co-authors William Landes and Lee Epstein captured attention with their article, How Business Fares in the Supreme Court. The article, which appeared in the Minnesota Law Review, evaluated Supreme Court cases in which at least one of the litigants was a business. Among their conclusions, the authors … Continue reading Business in the Supreme Court