Attorney, Pacific Legal Foundation
Luke A. Wake is an attorney at the Pacific Legal Foundation. Prior to joining PLF, he was a senior staff attorney at the NFIB Small Business Legal Center.
Wake has particular expertise on environmental and land use issues, and has worked on numerous other constitutional issues and matters of importance to small business owners. He is an ardent defender of private property rights, which he believes are essential to the free enterprise system and the foundation of American liberty. As a strong advocate of individual rights and economic liberties, he has built his career defending small business interests.
Wake has focused on a whole host of issues, from employment law matters to regulatory compliance. In addition to serving as a resource for small business owners, Wake is committed to ensuring that the voice of small business is heard in the nation’s courts. As an appellate practitioner, Wake has focused particularly on informing the courts on matters of administrative law and on issues under the Fifth Amendment’s Takings Clause. He is also working to advance small business interests in law review articles, and was recently published in the Berkeley Journal of Law & Ecology. See R.S. Radford & Luke A. Wake, Deciphering and Extrapolating: Searching for Sense in Penn Central, 38 Ecology L.Q. 731, 746-747 (2011).
Before joining the Legal Center’s team, Wake completed a prestigious two-year fellowship as an attorney in the Pacific Legal Foundation’s College of Public Interest Law. Wake is a graduate of Case Western Reserve University School of Law in Cleveland Ohio, and is a member of the California Bar. He completed his undergraduate studies at Elon University in North Carolina in 2006 where he focused on political theory and corporate communications.
Solicitor General, Montana Attorney General's Office
Christian is currently Solicitor General of Montana, where he serves as the chief litigator and principal legal advisor to Montana Attorney General Austin Knudsen. In that capacity, he manages litigation before the federal district courts, courts of appeal, and the United States Supreme Court, as well as the Montana Supreme Court. He previously served in the Trump Administration as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education. Prior to government service, he was a public interest constitutional litigator at Mountain States Legal Foundation and a fellow at the Institute for Justice. He clerked for Justice Caleb Stegall on the Kansas Supreme Court. He also served as Director of Publications for the Federalist Society's national headquarters.
Christian earned his B.A. in Political Science in 2009 from the University of Pennsylvania before attending the University of Kansas School of Law. Christian is admitted to practice law in Kansas and Montana. A Kansas native, he is a die-hard fan of the Kansas Jayhawks, Kansas City Chiefs, and Kansas City Royals.
Christian is a member of the Federalism & Separation of Powers Practice Group's Executive Committee.
Partner-in-Charge Washington, Jones Day
Noel Francisco served as the 47th Solicitor General of the United States in the Trump Administration, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.
For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.
He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.
Noel's service as Solicitor General built on his previous tenure at Jones Day, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Stefan Marculewicz is a Shareholder in the Washington, DC office of Littler Mendelson, P.C., and focuses his legal practice on traditional labor law matters, international labor law and standards, and non-traditional worker representation.
Jennifer Thomas is an Associate in the Washington, DC office of Littler Mendelson, P.C. where she concentrates her practice in the areas of labor and employment law.
Indiana Supreme Court Upholds the Right to Work: Rebuffs an Involuntary Servitude Challenge
Luke A. Wake
In the past few years, four rust-belt states—Ohio, Michigan, Indiana and Wisconsin—have enacted “Right to...
Judicial Challenge to NLRB Recess Appointments - Podcast
Christian Corrigan, Noel J. Francisco, Glenn Taubman
On January 4, 2012, President Barack Obama announced recess appointments of three members of the...
Union Organizing and the NLRB Under President Obama
Raymond J. LaJeunesse
Note from the Editor: This paper analyzes union organizing and the NLRB under the Obama...
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
Stefan J. Marculewicz, Jennifer Thomas
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...