Economic inequality has grown rapidly over the past few decades, with a disheartening decline in workforce stability. The workplace and its force as a channel for economic success is no longer a foregone conclusion for the worker. Organizing to fight income inequality has become increasingly difficult. Much of this dilemma can be traced to the hostile, coordinated legal and political opposition facing organized workers, collective action, and collective bargaining. Is collective action the most effective method of fighting income inequality? How can principles of freedom of assembly and freedom of association be used in new and creative ways to mobilize and organize workers? What novel tools can existing labor organizations and unions look to in their organizing campaigns? What are new and transformative forms of organizing that can fundamentally enhance collective action and reinvigorate the worker voice? What types of federal and state legislation could support these efforts, and is collective action the answer to fighting economic inequality?
A Class Act Term?: The Supreme Court and Class Actions
The Court considered several class action cases this Term. Its docket included Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, Comcast v. Behrend, Genesis HealthCare Corp. v. Symczyk, and American Express Co. v. Italian Colors Restaurant. Have the Court’s decisions in these cases been consistent with the precedents established in Wal-Mart v. Dukes and AT&T v. Concepcion? Should employees, consumers, investors, and others be concerned that their ability to pursue class action litigation has been limited? Or, on the other hand, has the Court demonstrated through its decisions that such concerns are unwarranted? As the 2012-2013 Term comes to a close, this panel will consider the current state of class action litigation and mandatory arbitration and explore the impact ofWal-Mart and AT&T in the lower courts.
A View From the Bench
Federal Judges Gary Feinerman, Lucy H. Koh, Beverly B. Martin, U.S. Court of Appeals for the Eleventh Circuit, Theodore A. McKee, Judge David S. Tatel, and Judge Diane P. Wood discuss their experiences serving on the federal bench, and what inspired them to become judges in the first place. They also talk about their experience going through Senate confirmation, reflect on changes in the process since then, and how their experiences in public service or on state courts have impacted their careers as federal judges. Finally, the judges offer advice to potential judges to prepare themselves for the process was to become familiar with the application, and the various bar associations, and become an active member of local bar associations.
Highlights of Rep. John Lewis' Speech to 2013 ACS National Convention
On June 14, 2013, ACS honored Congressman John Lewis as a 2013 Progressive Champion. These are the highlights of civil rights leader's remarks. Congressman John Lewis has dedicated his life to protecting human rights and securing civil liberties.
A Corporate Takeover of the First Amendment?
Corporations have prevailed with First Amendment arguments in several contexts, including credit rating agency opinions, and most recently, marketing and advertising regulation. In the 2010-2011 Term, in Sorrell v. IMS Health, Inc., the Court held that pharmacies have a First Amendment right to sell prescription records to marketing and data mining companies. In Citizens United, the Court held that it was unconstitutional to ban free speech through the limitation of independent communications by corporations, associations, and unions. Is the Court’s First Amendment jurisprudence furthering corporate interests at the expense of public interests? Are these decisions fueling litigation strategies in the lower courts that promise increased expansion of corporate rights? Or are critics just being dismissive of free speech rights because they do not like the speaker? Our panel will describe, from a variety of perspectives, the implications of the Court’s pronounced shift on corporate First Amendment issues.
2013 Gala Dinner Featuring Senators Warren and Merkley
On Thursday, June 13, 2013, the ACS National Convention Gala Dinner featured introductory remarks by ACS President Caroline Fredrickson and Judge Nancy Gertner, a former Judge for the U.S. District Court for the District of Massachusetts and Harvard Law Professor. Senator Elizabeth Warren (Mass.) gave a keynote address following an introduction by Judge Gertner. ACS Board Member Judith Scott then introduced the second speaker, Senator Jeff Merkley (Ore.). The Gala Dinner also featured the Student Chapter Awards and remarks by ACS Board Chair Peter Edelman.