Call for Papers: Collective Bargaining, Compelled Speech, and the Aftermath of Janus v. AFSCME

The Federalist Society's Faculty Division is pleased to announce a Call for Papers on Collective Bargaining, Compelled Speech, and the Aftermath of Janus v. AFSCME.  Up to three submissions will be selected for inclusion in an upcoming Faculty Division colloquium on this topic.  Authors of the selected pieces will each receive a prize of approximately $5,000 (any co-authors must share a single prize).  Submissions should offer new insights into the impact of Janus on collective bargaining and/or compelled speech law.

The subsequent colloquium will use these papers and other readings to explore various aspects of this topic.  Some may examine the more immediate implications for the law governing labor unions, while others may consider the longer-term impact on campaign contributions and mandatory bar dues.  The merits of Janus itself will also be up for discussion:  is the decision consistent with the original meaning of the First Amendment?  And how should one reconcile the answer to the question with the role of precedent?  What outcome would make the most sense as a matter of first principles?  In addition, questions of retroactivity and workarounds may come into play.

Authors of the winning papers will be expected to attend the colloquium (October 23-25, 2020), which will be held virtually, but not to present their papers in the formal sense; rather, all participants will have read the papers beforehand and come prepared to engage in a freewheeling discussion on the issues the papers raise.  Submissions will be accepted from current law faculty, practitioners, or those pursuing full-time employment in the legal academy.

There is a limit of one submission per person.

Submissions must be substantially complete and formatted in accord with the Bluebook. Submissions should be of a quality publishable in a mainstream law journal, but must not have been published as of the date of the submission deadline below (although unpublished papers that have been accepted for publication in a law review or journal are acceptable).

Submissions must be sent via Microsoft Word or pdf attachment to spencer.caron@fed-soc.org no later than 5:00pm Eastern Time on Friday January 31, 2020.