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"Not That Bad" is Still Bad!

Strict Scrutiny

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The NLRB's Role in the Right to Strike

This case has the potential to be an existential threat to labor by curbing the right to strike. The whole point of a strike is not to make it more convenient or easy for the employer, Justice Kagan said in a recent speech. And then there is that second institutional question about who decides whether the union was lawfully exercising the right to striking.

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