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.
Current Print Issue
Observers of our federal republic have long acknowledged that a fourth branch of government comprising administrative agencies has arisen to join the original three set forth in the Constitution. In this Article, we focus our attention on the emergence of yet another branch comprising financial self-regulatory organizations (SROs). In the late eighteenth century, long before [...]
Most patent scholars agree that the Patent and Trademark Office grants too many invalid patents and that these patents impose a significant tax upon industry and technological innovation. Although policymakers and scholars have proposed various ways to address this problem, including better ex ante review by patent examiners and various forms of ex post administrative [...]
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970–1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991–2012). Whether the appropriate next step is [...]
Symposium on Extraterritorialism
The Cornell Law Review will publish its annual Symposium issue for Volume 99 with a focus on extraterritorialism. 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 of debate are [...]
Symposium on Law, Innovation, and Entrepreneurship
The Cornell Law Review and the Clarke Business Law Institute hosted a Symposium on Law, Innovation, and Entrepreneurship on Friday, February 8, 2013, at The Cornell Club in New York City. The Symposium was originally scheduled for November, but postponed due to Hurricane Sandy. It focused on legal and regulatory issues that affect entrepreneurship and [...]
Cornell Law Review Submissions Box Is Closed
The Cornell Law Review Submissions Box is now closed. The Submissions Box will reopen Monday, February 10.
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 [...]