The Long Game to Weaken Workers' Rights
Strict Scrutiny
Is the National Labor Relations Act Preempting a State Tort Claim?
The question is whether the National Labor Relations Act pre-emps a state tort claim against a union. In our system, federal law is supreme over state law when there is a conflict between federal and state law. And actually the question here isn't just about what substantive law applies, but also which actors are the right ones for resolving this dispute.
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