Oct 11 2023 Publication Federalist Society Review The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board Alexander Thomas MacDonald Federalist Society Review, Volume 24 Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Sep 21 2023 Topics Administrative Law & Regulation • Labor & Employment Law • Separation of Powers Blog Post News Burgers with a Side of Bias: Why a New Fast-Food Law in California Likely Violates the Private-Nondelegation Doctrine Alexander Thomas MacDonald Last week, California lawmakers announced a grand bargain between labor unions and the fast-food industry....
Aug 16 2023 Topics Administrative Law & Regulation • Supreme Court Blog Post Is the Administrative State Inevitable? Loper, Chevron, and the “Abnegation” of Law Alexander Thomas MacDonald Last month, the Supreme Court granted cert in Loper Bright Enterprises v. Raimondo. Though the case...
Aug 10 2023 Publication Federalist Society Review The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace Tammy Dee McCutchen, Alexander Thomas MacDonald Federalist Society Review, Volume 24 There is a war on independent contracting. Martial metaphors are often overworked in the law....
Jun 6 2023 Topics Administrative Law & Regulation • Labor & Employment Law • Supreme Court Blog Post News Is Glacier Northwest the Tip of the Iceberg? Alexander Thomas MacDonald Nowadays, labor-law cases are a rare sight at the Supreme Court. The Court usually takes...
Jun 1 2023 Topics Labor & Employment Law Blog Post News Double Dribble: The NLRB’s General Counsel revives a debunked legal theory to expand labor law into college athletics Alexander Thomas MacDonald Last week, the General Counsel of the National Labor Relations Board filed a complaint against...
May 19 2023 Topics Administrative Law & Regulation • Labor & Employment Law Blog Post A Bug in the Logic: Regulators try to solve the workplace “AI problem” before finding any problem to solve Alexander Thomas MacDonald Earlier this month, the Biden administration published a “request for information” on artificial intelligence in...
Apr 17 2023 Topics Corporations, Securities & Antitrust • Labor & Employment Law Blog Post News The FTC’s Indefensible Position on Collective Bargaining Alexander Thomas MacDonald In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro...
Apr 7 2023 Topics Administrative Law & Regulation • Corporations, Securities & Antitrust • Labor & Employment Law Blog Post News How the Department of Justice is Using Antitrust Law to Boost Union Organizing Alexander Thomas MacDonald Last week, the Department of Justice announced a consent decree with embattled videogame publisher Activision-Blizzard....
Mar 30 2023 Topics Administrative Law & Regulation • Labor & Employment Law Blog Post News The Department of Labor’s Independent Contractor Rule: A Quiet Threat to Federalism? Alexander Thomas MacDonald The U.S. Department of Labor is considering a new rule that would narrow the definition...
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Alexander Thomas MacDonald
Federalist Society Review, Volume 24
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
Topics
Burgers with a Side of Bias: Why a New Fast-Food Law in California Likely Violates the Private-Nondelegation Doctrine
Last week, California lawmakers announced a grand bargain between labor unions and the fast-food industry....
Topics
Is the Administrative State Inevitable? Loper, Chevron, and the “Abnegation” of Law
Last month, the Supreme Court granted cert in Loper Bright Enterprises v. Raimondo. Though the case...
The War on Independent Work: Why Some Regulators Want to Abolish Independent Contracting, Why They Keep Failing, & Why We Should Declare Peace
Tammy Dee McCutchen, Alexander Thomas MacDonald
Federalist Society Review, Volume 24
There is a war on independent contracting. Martial metaphors are often overworked in the law....
Topics
Is Glacier Northwest the Tip of the Iceberg?
Nowadays, labor-law cases are a rare sight at the Supreme Court. The Court usually takes...
Topics
Double Dribble: The NLRB’s General Counsel revives a debunked legal theory to expand labor law into college athletics
Last week, the General Counsel of the National Labor Relations Board filed a complaint against...
Topics
A Bug in the Logic: Regulators try to solve the workplace “AI problem” before finding any problem to solve
Earlier this month, the Biden administration published a “request for information” on artificial intelligence in...
Topics
The FTC’s Indefensible Position on Collective Bargaining
In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro...
Topics
How the Department of Justice is Using Antitrust Law to Boost Union Organizing
Last week, the Department of Justice announced a consent decree with embattled videogame publisher Activision-Blizzard....
Topics
The Department of Labor’s Independent Contractor Rule: A Quiet Threat to Federalism?
The U.S. Department of Labor is considering a new rule that would narrow the definition...