In its 2012 ruling in Knox v. SEIU Local 1000, the Supreme Court signaled that major changes may be coming to the body of First Amendment law governing public-sector unions’ relationships with nonmember employees who work in the bargaining units that those unions represent. The Court’s actual holding in Knox was not the most portentous feature of the case but was significant in its own right: when a public-sector union wishes to levy a midyear dues increase or special assessment, “the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent.” When collecting regularly scheduled annual fees, unions have long been allowed to presume that a nonmember employee is willing to help pay for the union’s political activities unless the employee tells the union otherwise and thereby opts out of helping to cover that nonchargeable portion of the union’s costs. The Court’s insistence upon an opt-in arrangement for midyear dues increases and special assessments thus came as something of a surprise.
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Collaborative production of expressive content accounts for an evergrowing number of copyrighted works. Indeed, in the age of content sharing and peer production, collaborative efforts may have become the paradigmatic form of authorship. Surprisingly, though, copyright law continues to view the single-author model as the dominant model of peer production. Copyright law’s approach to authorship is currently based on a […]
Since the beginning of the twenty-first century, the human rights movement has been almost synonymous with the fight against impunity. Today, to support human rights means to favor criminal accountability for those individuals who have violated international human rights or humanitarian law. It also means to be against amnesty laws that might preclude such accountability. This Article both chronicles and […]
For nearly twenty years, lower courts and scholars have struggled to figure out how personal jurisdiction doctrine should apply in the Internet age. When does virtual conduct make someone amenable to jurisdiction in any particular forum? The classic but largely discredited response by courts has been to give primary consideration to a commercial Web site’s interactivity. That approach […]
Symposium on Reassessing the Restatement of Employment Law
The Cornell Law Review hosted a Symposium on Reassessing the Restatement of Employment Law on Friday, November 21, 2014, at Cornell Law School. The Symposium offered the first commentary on Restatement of Employment Law, a twelve-year project, which the American Law Institute approved in 2014. Click for Symposium Agenda
Symposium on Extraterritorialism
The Cornell Law Review will publish its annual Symposium issue for Volume 99 with a focus on extraterritorialism in September 2014. The flurry of recent Supreme Court decisions turning on a revived door-closing territorialism is attracting the attention of legal scholars in various substantive as well as methodological fields of federal law, and the lines […]
Cornell Law Review Submissions Box Is Now Open
The Cornell Law Review is currently accepting article, essay, or book review submissions. The Cornell Law Review Online is also accepting submissions for volume 100.
Welcome to CornellLawReview.org
Welcome to CornellLawReview.org, the new online home of the Cornell Law Review. In the spirit of its mission as a student-run journal, the Law Review is launching this site to provide greater access to its top-notch legal scholarship and more publishing opportunities for legal academics. The website will host all of the content that the Law Review publishes in print […]