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Article
To Speak or Not to Speak, That Is Your Liberty: Janus v. AFSCME
CATO Supreme Court Review
  • David Forte, Cleveland-Marshall College of Law, Cleveland State University
Document Type
Article
Publication Date
1-1-2018
Keywords
  • precedent,
  • Supreme Court,
  • unions,
  • stare decisis
Abstract

Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”

Citation Information
David Forte. "To Speak or Not to Speak, That Is Your Liberty: Janus v. AFSCME" CATO Supreme Court Review Vol. 2017-2018 (2018) p. 171 - 195
Available at: http://works.bepress.com/david_forte/143/