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
“Smart” devices radiate data, exposing a continuous, intimate, and revealing pattern of daily life. Billions of sensors collect data from smartphones, smart homes, smart cars, medical devices, and an evolving assortment of consumer and commercial products. But, what are these data trails to the Fourth Amendment? Does data emanating from devices on or about our […]
Existing statutes give the President and his Treasury Department broad authority to implement important elements of the administration’s tax agenda without further congressional action. And yet only occasionally does the executive branch exercise this statutory “power to tax.” Instead, the President often asks Congress to pass revenue-raising measures achieving what the President and his Treasury […]
Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led […]
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 Submission box is now open
The Cornell Law Review is accepting submissions for Volume 103.
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 […]