Who would have thought that Loper-Bright would matter in private sector bankruptcies involving labor unions and pension funds? Apparently, it does in the Yellow Bankruptcy. @bloomberg.com covered my thoughts on it. In short, Judge Ambro got this decision right. news.bloomberglaw.com/bankruptcy-l...

@katejackson.bsky.social wrote a great paper that this LPE Post draws from. What really blew me away was how the descriptive accounts of authoritarian regimes tracked CEO behavior intuitively. This is really insightful stuff, and I'm thankful that Kate is doing this.

Thanks to Michael Duff for the JOTWELL review of my paper the Death of Labor Law and the Rebirth of the Labor Movement. worklaw.jotwell.com/beyond-colla...

I absolutely love this blog post by Eamon Coburn because it brings moral conversations into labor law in an explicit way. I may write a response to it because I liked it so much. It's a great pickup by the LPE Blog.

This is very good on statutory paths to (private sector) faculty unionization:

The Labor Studies Journal just published my article "Bargaining for the Common Good in Bankruptcy" after peer-review. It's a playbook for what unions should do in the event of a municipal bankruptcy to fight not only in their interest, but for the public good. journals.sagepub.com/doi/10.1177/...

New op-ed out in @bloomberg.com from Prof. @alvinvelazquez.bsky.social: news.bloomberglaw.com/us-law-week/...

Bloomberg just ran my op-ed on SpaceX's victory in the 5th Circuit. I argue that its win could lead to a labor rebirth by taking out preemption and opening up the toolbox of tactics available to labor. Returning labor law to the law of the jungle? news.bloomberglaw.com/us-law-week/...

The 5th Circuit holding that the NLRB is not likely constitutional?

Trump's so-far-successful effort to strip collective bargaining rights from federal workers appears to have resulted in a decrease in the total number of unionized American workers of more than 2%.

It is very possible that the power of organized labor will be effectively broken under Trump and we will need to rebuild the American labor movement again, without making the same mistakes that got us here. www.hamiltonnolan.com/p/fragile-mo...

The Stanford Law Review has accepted for publication my latest article "Bankupting Labor Power". I am beyond thrilled with it, and hope that it gets labor scholars and activists to think about bankruptcy's role in reviving the labor movement. papers.ssrn.com/sol3/papers....

Trump's removal of the Oversight Board's members all has to do with getting creditors paid. Old Board v New Board= a restructuring that PR cannot afford. My comments here in @elnuevodia.bsky.social. www.elnuevodia.com/corresponsal...

I have some thoughts about all of his covered by the Associated Press. apnews.com/article/puer...

My hunch...PREPA's creditors hope by removing certain Oversight Board members they will clear a path for raising some of the highest electrical rates on some of the poorest people in the U.S. to get paid back. www.breitbart.com/politics/202...

@elnuevodia.bsky.social covered my comments about a recent Congressional hearing on PROMESA. The reality is that Puerto Rico's electrical authority does not have a viable path for restructuring in the long term without a truly feasible debt cut off. www.elnuevodia.com/corresponsal...

Anyone have a take on these Board nominees? I would love to hear them as I form my own thoughts. news.bloomberglaw.com/daily-labor-...

Indiana and labor activity are not two words that have gone together in much in the last twenty years. But historically Indiana has had a rich culture of union activity. Thanks to our NPR affiliate for getting my thoughts about the resurgence in labor union activity. www.wfyi.org/news/article...

Quoted today in Bloomberg Law about Sunnova's bankruptcy. This is major news in Puerto Rico, and I think demonstrates how bk law doesn't have great tools for handling debtors reliant on federal grant money.

Thinking about getting rid of labor law in the US? @poweratwork.bsky.social hosted @gracabi.bsky.social, @mrsethharris.bsky.social@sethunion.bsky.social, Lynn Rhinehardt, and myself to talk about that and what could replace it. www.youtube.com/watch?v=TKDI...

This is a shocking account of intentional and unprecedented defiance of the federal courts by a top DOJ lawyer. And: it was always going to be through immigration law. For earlier traces of executive branch failure to comply with the judiciary in immigration: www.yalelawjournal.org/feature/exec...

Just dropped a new version of my paper "The Death of Labor Law and the Rebirth of the Labor Movement". It has some thoughts about Wilcox's Supreme Court case, whether to encourage the Court to kill off the act, and insights from organizing literature. Link 👇 papers.ssrn.com/sol3/papers....

IMHO, the key question for the Steelworkers in evaluating the Nippon purchase of US Steel is not purely a labor law question, but rather one of how does corporate governance impact labor relations. Some of my thoughts are captured in this @bloomberg.com piece. news.bloomberglaw.com/daily-labor-...

Happy to share my essay "Advocating for Jubilee in the Midst of Colonization" in the Journal of Christian Legal Thought. The essay is about my deeply personal commitment to Puerto Rico. It's also about how my faith informed some controversial tactics. www.christianlegalsociety.org/wp-content/u...

Students of my bankruptcy law learn about fraudulent/voidable transfers. I didn't think I would be talking about them for the press. I was happy to talk to Alexandria Burris at the IndyStar about them for this story. www.indystar.com/story/news/i...

I always like to see what other LPE and LPE Adjacent Scholars are up to. Thanks to @lpeblog.bsky.social for highlighting my article alongside other people whom I like reading such as @mblawrence.bsky.social, Bijal Shah, and Fred Jacobs, amongst others.

Professors friends who teach Labor and Constitutional Law, here’s your next exam question for *both* classes, courtesy of the Seattle Chief of Police, circa 1935. @charlottegarden.bsky.social @matthewtbodie.bsky.social @alvinvelazquez.bsky.social @patsobkowski.com @cincyannie.bsky.social

Thanks to the @poweratwork.bsky.social blog for publishing "The Case For Letting Labor Law Collapse" which summarizes in a blog post my forthcoming piece in the Boston College Law Review. It calls an important question for the labor movement to consider at this moment. poweratwork.us/the-case-for...

Christians and Muslims apply their religion can support a more just workplace law for the poor. Don't believe me--read this journal that came out today. Christianity has so much to contribute to discussions about poverty and inequality, and I try to describe how. scholarship.law.slu.edu/lj/

Thank you National Lawyers Guild for hosting a great conversation on "The Next Four Years for Labor Lawyers". I got to learn a lot from Retu Singla and Hannah Gordon and to present my paper on "The Death of Labor Law..." to experienced labor lawyers. papers.ssrn.com/sol3/papers....

I appreciate that @jenniferleekoh.bsky.social is commenting on immigration law through a lens that applies a combination of Christian theology, legal principles, and concern for the marginalized. www.christianitytoday.com/2025/04/kilm...

Today, @alvinvelazquez.bsky.social argues that in this time of legal chaos, public sector workers should take inspiration from the trade unionists who organized before the passage of the National Labor Relations Act.

I am happy to announce that my paper "The Death of Labor Law and the Rebirth of the Labor Movement" has been accepted for publication in the Boston College Law Review. I initially posted an abstract, but here is a full draft of this paper. papers.ssrn.com/sol3/papers....

What bankruptcy options to public universities have as federal funds dry up? Find out in this great Bloomberg Law piece. news.bloomberglaw.com/bankruptcy-l.... I personally think that universities need to get very strategic about their options and scenario plan now!

@lpeblog.bsky.social Really excited to read this blog post in the LPE Blog. lpeproject.org/blog/why-lab...

This is really worth reading, not only for its useful account of the many ways in which universities are currently under attack but also bc it doesn't limit itself to critique but suggests the beginning of a positive vision for rebuilding after and in response lpeproject.org/blog/eight-l...

Saw an announcement about how fast food will use AI to take drive through order. Brad Karp of Paul Weiss has also noted that the firm will use AI to do some of the work that junior associates do. It seems to me that concerns about job disruption are justified. techxplore.com/news/2025-03...

By all appearances, this is a bog-standard GOP appointment - nothing for unions to celebrate. Now the question is whether Trump is also going to appoint NLRB members -- or if he's going to wait out Wilcox's term & leave the Board w/o a quorum.

I am happy to announce that my paper Broke(n) Governments and Disaster's Dollars was accepted for publication in the University of Illinois Law Review and I could not be more excited. papers.ssrn.com/sol3/papers....

Is the government really the vanguard of Human Resource Management? The PATCO strike of the 1980's emboldened business to bust unions. This could embolden companies to cede managerial control over HR matters to AI and remove themselves from the decision-making loop. www.wired.com/story/doge-a...

@jenniferleekoh.bsky.social newest work "Christian Lawyers in the Public Interest and Outside the Political Right" hit me in the feels. The most impressive thing about this work is how it gave voice to unseen group (literally in the title). papers.ssrn.com/sol3/papers....

(Can AI do this in any meaningful way? No it cannot.)

Puerto Ricans learned this the hard way when its government laid off 20,000 public employees in one day. www.yahoo.com/news/donald-...

In 2024, the NLRB filed a complaint against Tesla for interfering in a union drive at their Buffalo, NY assembly plant. Today:

My thanks to editors at the ILR Review out of Cornell University for giving me the opportunity to review "Fulfilling the Pledge: Securing Industrial Democracy for American Workers in a Digital Economy", by Roger C. Hartley. journals.sagepub.com/doi/full/10....

I just posted a new paper on SSRN called "Advocating for Jubilee in the Midst of Colonization". In it, I look at how the Bible informed my calls for massive debt relief for Puerto Rico, a colony of the United States. It's only 10 pages, and it is deeply personal. papers.ssrn.com/sol3/papers....

1) This bill excludes unionized workers from participating in the Utah pension plan. That seems to me to be a first amendment problem because it punishes workers based on their associational status with a labor organization. 2) Utah does not have a fiscal problem that it could blame on labor.

Wow, I never thought that the DOJ would abandon defending the Independence of the NLRB second after I drop my paper on this topic. Tough question for organized labor and its allies- abandon labor law or defend the independence of the NLRB? www.reuters.com/world/us/us-...