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Brishen Rogers Profile
Brishen Rogers

@BrishenRogers

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Prof @GeorgetownLaw . Labor law, class, political economy, technology. Author, Data & Democracy at Work: @brishen .bsky.social

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Joined February 2012
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@BrishenRogers
Brishen Rogers
1 year
My book Data and Democracy at Work came out yesterday. My announcement tweet was deleted for some reason. The book argues that employers are using AI as a tool of class domination, and asks how we can build a more democratic politics of workplace tech. Thread on the arg...
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@BrishenRogers
Brishen Rogers
1 year
The book puts recent workplace technological changes in the context of longer-term processes of capitalist development. Companies have always used information to discipline workers. But their capacity to do so has been supercharged in recent decades in several ways.
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@BrishenRogers
Brishen Rogers
1 year
My book Data and Democracy at Work is out today @MitPress . It argues that employers are using AI as a tool of class domination, and asks how we can build a more democratic politics of workplace tech. A thread on the argument (w'o the thread emoji).
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@BrishenRogers
Brishen Rogers
6 months
In recent weeks, numerous employees have been terminated after engaging in Palestinian rights advocacy. Together with some colleagues with relevant expertise, I wrote a memo on the legal implications. Bottom line: such actions may violate federal law.
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@BrishenRogers
Brishen Rogers
1 year
My book “Data and Democracy at Work” has finally taken material form and will be released ONE WEEK from today on March 21st. 1/2
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@BrishenRogers
Brishen Rogers
6 months
Just a PSA that employer social media policies banning all "controversial" or "political" or "inflammatory" content may violate the NLRA.
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@BrishenRogers
Brishen Rogers
11 months
I believe this will be the largest strike around queer & trans worker rights *ever* in the U.S. Historic and potentially transformative.
@SBWorkersUnited
Starbucks Workers United
11 months
Starbucks workers across the country are striking this week over Starbucks’ treatment of queer & trans workers. We know that workers rights ARE queer & trans rights. Here’s just some of the things we’re fighting for —
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@BrishenRogers
Brishen Rogers
1 year
It's puzzling how every institution is cool with unions in general, but also thinks unions aren't a good fit for their particular mission.
@skyoutbriout
Brian Gordon
1 year
Duke University just released a statement voicing its opposition to the unionization efforts by the @dukegradunion . "Ph.D. students are not admitted to do a job; they are selected because of their potential to be exceptional scholars," says interim provost Jennifer Francis.
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@BrishenRogers
Brishen Rogers
7 months
Law profs: please consider signing this letter. It urges @potus to push for a diplomatic solution in Gaza. That would include a cease-fire, restoration of food/water/medicine, allowing Gazans to return home, and ensuring the safe return of all hostages.
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@BrishenRogers
Brishen Rogers
5 months
We’ve lost a giant, one of the last century’s great minds. A student of war, always a realist. While not born in the US, he understand it as well or better than anyone. Regardless of how you view his legacy, you must admit Shane MacGowan profoundly shaped our world.
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@BrishenRogers
Brishen Rogers
1 year
“Workplace Data is a Tool of Class Warfare,” my new essay @BostonReview . This is adapted from my book, also out today. I 🖤 ❤️ 💛 the title, which the editors came up with! Workplace Data Is a Tool of Class Warfare - Boston Review
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@BrishenRogers
Brishen Rogers
11 months
Legal discussions of anti-union campaigns can make them seem abstract and bloodless. This story brings home the physical and emotional toll on workers … which is often the point. Union busting involves psychological torture. @SBWorkersUnited
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@BrishenRogers
Brishen Rogers
11 months
One thing you learn in law school is that employer property rights sprang fully formed from Zeus‘s head and we mortals can do nothing about them
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@BrishenRogers
Brishen Rogers
9 months
I'm thrilled to announce that my book Data and Democracy at Work is now open access, as part of @mitpress 's "Direct to Open" program. Faculty: if you want to assign chapters of the book, I believe this means you can send the link directly to students.
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@BrishenRogers
Brishen Rogers
10 months
the law & political economy of union busting in one short graf. NB this isn't "saying the quiet part out loud." there is no quiet part.
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@BrishenRogers
Brishen Rogers
11 months
Excellent point here by @jennyhunterdc : it is unimaginable that the Court would rule the same way in Glacier if the parties were flipped. For example, if the employer locked out the workers at a moment that caused them maximum economic harm.
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@jennyhunterdc
Jenny Hunter
11 months
I wrote in @ballsstrikes that, yes, Glacier Northwest "could have been worse," but that's a tiresome refrain that acclimatizes the public to a Supreme Court that's constantly whittling away at peoples’ rights and increasing the power of corporations
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@BrishenRogers
Brishen Rogers
1 year
I think Glacier is worse than many are making it out to be. It's a bit of a Trojan Horse. Preemption doctrine is mainly jurisdictional, not substantive. The Q is who has authority to address an issue: the NLRB or the states. Glacier gives the states much more power. 1/
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@BrishenRogers
Brishen Rogers
1 year
A bit more book hype: here are Kathy Thelen and Yochai Benkler’s very generous blurbs for Data and Democracy at Work, which comes out Tuesday.
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@BrishenRogers
Brishen Rogers
1 year
My uncle bought a copy of my book to bring to his union hall, and this might be the coolest thing that's ever happened to me.
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@BrishenRogers
Brishen Rogers
1 year
This is a major development for student athlete employment rights: an NLRB Regional Director has issued a complaint alleging that the NCAA, Pac-12 and USC *jointly* employ student athletes.
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@BrishenRogers
Brishen Rogers
1 year
Someone should really produce a TV series about a union organizing drive. You could base it entirely on absurd true stories and it would absolutely kill.
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@BrishenRogers
Brishen Rogers
1 year
I heard a rumor yesterday that some elite private high schools solicit large donations from parents in exchange for special treatment in college recommendations. In other words, children of large donors get priority at Ivies etc. Is this a known practice?
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@BrishenRogers
Brishen Rogers
7 months
This was an extraordinary gathering, which gave me some hope amid all the horrors of the last few weeks. I had to go to class but the organizers are now occupying streets in front of the White House. People in DC who can go, I urge you to do so!
@simonateba
Simon Ateba
7 months
BREAKING: I am by the White House in Washington D C where Jews are rallying in support of Palestine and Israel and are asking @netanyahu to "stop the killings", say no genocide in their names.
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@BrishenRogers
Brishen Rogers
1 year
I'm really not going to hype my book every few hours, but this is deliciously ironic: Amazon, whose use of workplace tech is one of my primary subjects, has algorithmically rated it as the #1 new release in labor and employment law.
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@BrishenRogers
Brishen Rogers
7 months
NGL, it feels pretty amazing that I have a book talk at @Harvard_Law this upcoming Friday.
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@BrishenRogers
Brishen Rogers
1 year
I'm reading my actual, physical book for the first time in preparation for a talk, and I have to say it's a great feeling. Very different from reading the proofs.
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@BrishenRogers
Brishen Rogers
9 months
Cemex may be the most important NLRB decision in a generation. Hard to say if it will survive review. But labor and the state can use it to change power alignments right now through organizing — which in turn would *help* it survive review.
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@BrishenRogers
Brishen Rogers
1 year
Amazon’s #1 new release in Labor Law, which is a bit silly but also v cool
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@BrishenRogers
Brishen Rogers
1 year
A bit more book hype: here are Kathy Thelen and Yochai Benkler’s very generous blurbs for Data and Democracy at Work, which comes out Tuesday.
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@BrishenRogers
Brishen Rogers
9 months
Very impt decision from the NLRB. The Board is now more likely to strike down employer work rules that may chill employee speech and collective action. That will empower workers in non-union workplaces and make organizing a bit easier.
@NLRB
NLRB
9 months
🧵: Today, the NLRB issued a decision in Stericycle Inc., adopting a new legal standard for evaluating whether an employer work rule is unlawful to maintain under the National Labor Relations Act.
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@BrishenRogers
Brishen Rogers
6 months
Specifically Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, and national origin. The analysis would apply equally to employees terminated for advocacy in support of Israeli policy, which is also likely on the rise.
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@BrishenRogers
Brishen Rogers
1 year
Today someone referred to me as “an LPE scholar” at a practitioner conference. Our plan is working.
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@BrishenRogers
Brishen Rogers
1 year
I just finished @daisypitkin 's book "On The Line," and it is unbelievably good. Not just the best book I've ever read about union organizing -- also a compelling meditation on class, race, institutions, and what we owe one another.
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@BrishenRogers
Brishen Rogers
9 months
I am once again urging you to read Tomlins' "How Autonomous is Law?"
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@BrishenRogers
Brishen Rogers
8 months
I’m really looking forward to this! Thanks to @CLJEHarvard and LPE @HLS for organizing.
@sanjayjahlee
Sanjay Jolly
8 months
Extremely excited to see @BrishenRogers discuss his new book 'Data and Democracy at Work' next Friday 10/6 at a lunchtime event co-hosted by @CLJEHarvard and LPE @HLS . If you're in the Boston area, come through - this is going to be a surefire hit!
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@BrishenRogers
Brishen Rogers
11 months
My flight attendant gave me a pride AFA @afa_cwa ✊✊🏽✊🏿
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@BrishenRogers
Brishen Rogers
11 months
I’m at the pride march / I’m at to the picket line / I’m at the combination pride march and picket line
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@BrishenRogers
Brishen Rogers
1 year
my book is officially hot (I'll stop doing this soon, I promise)
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@BrishenRogers
Brishen Rogers
1 year
Out today!
@BrishenRogers
Brishen Rogers
1 year
My book “Data and Democracy at Work” has finally taken material form and will be released ONE WEEK from today on March 21st. 1/2
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@BrishenRogers
Brishen Rogers
7 months
Breaking my self-imposed twitter exile to urge you to read @mddimick 's new @LPEblog post. It is probably the best summary of a Marxist/Neo-Marxist understanding of "capitalism" that I've encountered in legal scholarship.
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@BrishenRogers
Brishen Rogers
8 months
Today's ep of @nytimes The Daily covers the @UAW /Big 3 negotiations and is ... ok. Two things are making me scream into the void. First, they analogize the relationship to a long and traumatic marriage and then cast the *UAW* as the abuser?
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@BrishenRogers
Brishen Rogers
6 months
"For example, employers cannot respond to speech differently based on the class membership of the speaker, or in a way that reflects a religious or racial stereotype."
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@BrishenRogers
Brishen Rogers
9 months
. @samuelmoyn ‘s new paper on CLS and radical legal theory is a must-read. I have two thoughts on it that seemed worth sharing publicly. First, Moyn notes that many legal scholars see CLS beginning & ending with Duncan Kennedy & his students, disregarding e.g. Horwitz & Unger. 1/
@samuelmoyn
Samuel Moyn 🔭
9 months
1/ Dashed off a new legal theory paper, "Reconstructing Critical Legal Studies."
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@BrishenRogers
Brishen Rogers
1 year
When you write one paragraph
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@BrishenRogers
Brishen Rogers
1 year
Fantastic panel of Starbucks worker organizers and other organizers @GeorgetownLaw #LaborSpring event
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@BrishenRogers
Brishen Rogers
1 year
IDK if the NLRB would go there, but cutting off health care to strikers could be "inherently destructive" of Section 7 rights under Erie Resistor as a matter of common sense and sound legal reasoning.
@TheNewSchool
The New School
1 year
As announced on Monday, we have made the difficult decision to stop paying wages and premiums for healthcare benefits for employees who are striking. Up to this point, we have continued to compensate our faculty and staff who have chosen to exercise their right to strike.
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@BrishenRogers
Brishen Rogers
8 months
Just an incomparable human being, who brought warmth, honesty, and integrity to everything she did.
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@TempleUniv
Temple University
8 months
Dear Members of the Temple Community, It is with deep heartbreak that we write to inform you that Temple University Acting President JoAnne A. Epps suddenly passed away this afternoon.
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@BrishenRogers
Brishen Rogers
6 months
We write: "While employers have broad latitude to police employee speech under U.S. law, those powers are not limitless."
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@BrishenRogers
Brishen Rogers
11 months
Reminder that Kagan’s dissent in Janus focused almost entirely on how fair-share fees helped *employers,*especially by maintaining labor peace. Not on how those fees benefitted workers or made our political economy more equal.
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@BrishenRogers
Brishen Rogers
8 months
Labor people: This is a *really* good video. Legal people: The Flint sit-down ended on Feb. 11, 1937. After that workers struck in huge numbers around the country. SCOTUS decided West Coast Hotels in late March (the "switch in time" case), and Jones & Laughlin two weeks later.
@UAW
UAW
8 months
STAND UP. #StandUpUAW
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@BrishenRogers
Brishen Rogers
1 year
Yes the Paul Hastings slide suggests a difficult or even toxic work environment. But it is worth keeping in mind that many of these expectations are common at low-wage service jobs (restaurants, cafes, car rental agencies). And at many non-profits.
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@BrishenRogers
Brishen Rogers
1 year
True story: when I was organizing janitors in NJ we had to fight much harder against Rutgers than many private real estate companies. We even did an action on the secretary of labor outside a leg committee because they kept blowing us off. 1/
@ruaaup
Rutgers AAUP-AFT Academic Worker Union
1 year
Good morning @RutgersU ! It’s Day 285 without a contract and DAY 2 of the STRIKE! We are feeling excited to head back to the picket line! See you out there!
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@BrishenRogers
Brishen Rogers
9 months
Asking my 1Ls to read about settler colonialism in their first week, sometimes I absolutely love my job.
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@BrishenRogers
Brishen Rogers
1 year
One unexpected shift since finishing a book is that I'm way less annoyed by typos and the occasional weird sentence in others' writing. I'm just like, oh they missed that one in the proofs, nbd. This tends *not* to happen w' law reviews, because the editors are so fastidious.
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@BrishenRogers
Brishen Rogers
6 months
Also: say some employees feel their employer’s response to events in the Middle East has created a hostile work environment for their protected class. They post about it online and the employer terminates them. That’s a possible Title VII violation AND a possible 8(a)(1).
@BrishenRogers
Brishen Rogers
6 months
Just a PSA that employer social media policies banning all "controversial" or "political" or "inflammatory" content may violate the NLRA.
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@BrishenRogers
Brishen Rogers
6 months
"This is true even though Title VII does not protect employees on the basis of political belief or expression per se, and even though the First Amendment’s protections do not generally apply to private employers."
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@BrishenRogers
Brishen Rogers
1 year
Approved! I can't wait to get moving on this project.
@BrishenRogers
Brishen Rogers
1 year
Just submitted my first IRB proposal, wish me luck!
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@BrishenRogers
Brishen Rogers
6 months
Specifically the adoption of a social media policy can be an unfair labor practices — an 8(a)(1) — where it has a tendency to chill workers' exercise of Section 7 rights.
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@BrishenRogers
Brishen Rogers
11 months
This is an enormous loss. Bill Spriggs was a giant within labor and beyond.
@AFLCIO
AFL-CIO ✊
11 months
We are extraordinarily saddened to report AFL-CIO Chief Economist Bill Spriggs @WSpriggs passed away peacefully last night. His work has impacted a generation of economics and workers around the world and his legacy will live on for lifetimes to come.
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@BrishenRogers
Brishen Rogers
6 months
That analysis should also apply to state laws barring discrimination on the basis of race, religion, etc. AND: employees may have much stronger protections in states that ban discrimination based on off-duty conduct. Those include California and Connecticut.
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@BrishenRogers
Brishen Rogers
10 months
Lechmere holds that union organizers usually have no right to enter a customer parking lot owned by an employer to talk to that employer’s workers. The employer didn’t own the parking lot.
@OrinKerr
Orin Kerr
11 months
@Omri_Marian Someone should compile a list of big SCT cases in which facts were made up. One favorite: In Dickerson v. US, the Miranda warnings actually had been given; the only reason they weren't in the record was b/c the AUSA forgot at 1st & the district judge wouldn't reopen the record.
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@BrishenRogers
Brishen Rogers
4 months
I can't speak to all of the plagiarism accusations against Claudine Gay, but this one seems ridiculous to me. They're summarizing and quoting statutory text, and making very anodyne statements about it.
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@BrishenRogers
Brishen Rogers
1 year
Like or retweet if you want @corinneblalock to edit the woefully lopsided wikipedia page on Stuart Hall
@corinneblalock
Corinne Blalock 🍉
1 year
I will not forsake my to do list to try to edit the woefully lopsided wikipedia page on Stuart Hall. I will not forsake my to do list to try to edit the woefully lopsided wikipedia page on Stuart Hall.I will not forsake my to do list...
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@BrishenRogers
Brishen Rogers
7 months
A few thoughts on Rob Hunter's must-read essay. Much of the recent "does LPE need theory" debate has assumed a unity to LPE methodology and/or politics that IMO does not exist. That's also true of much of offline debates abt LPE's relationship to CLS
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@BrishenRogers
Brishen Rogers
6 months
The memorandum outlines how plaintiffs in Title VII cases prove disparate treatment discrimination, and then considers how that governing law would apply in several hypothetical situations informed by recent events. Here is one.
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@BrishenRogers
Brishen Rogers
1 year
What to do? I suggest several sets of reforms: ending surveillance in many cases, requiring bargaining over new tech in others, and making data a public resource in still others. Abolish, bargain, socialize.
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@BrishenRogers
Brishen Rogers
1 year
If you want to steal (a look at) my book, it's now up on Google Books
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@BrishenRogers
Brishen Rogers
7 months
When you just got a haircut and don’t understand why
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@BrishenRogers
Brishen Rogers
6 months
If you believe your employer's social media policy violates that standard, it is fairly straightforward to file an unfair labor practice charge.
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@BrishenRogers
Brishen Rogers
1 year
This is the rare article about AI and work that actually talks to people on the ground to understand the effects. One thought: is it possible that ChatGPT actually *boosts* demand for lawyers by reducing the cost of legal services?
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@BrishenRogers
Brishen Rogers
5 months
preview of my talk tonight @ntinatzouvala
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@BrishenRogers
Brishen Rogers
1 year
In one case a 10 year old child was employed to operate a deep fryer — and not paid. Deep fryers are no joke. Ask me how I know…
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@BrishenRogers
Brishen Rogers
1 year
I spoke to @jayasax about the child labor crisis (link below) and the editors used this pull-quote:
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@BrishenRogers
Brishen Rogers
1 year
The book puts recent workplace technological changes in the context of longer-term processes of capitalist development. Companies have always used information to discipline workers. But their capacity to do so has been supercharged in recent decades in several ways.
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@BrishenRogers
Brishen Rogers
1 year
This feels right to me and suggests a real irony: that in the process of trying to replicate various forms of expertise, ML apps end up making actual expertise more valuable.
@v21
𝕍
1 year
it seems very possible that we are now exiting the brief window where a good fraction of all of human knowledge was searchable & instantly available. a window that starts with the invention of the search engine & ends with the invention of large language models.
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@BrishenRogers
Brishen Rogers
6 months
Here is another:
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@BrishenRogers
Brishen Rogers
9 months
You absolutely love to see it: “Under current Board law, there is no effective remedy to deter an employer bent on defeating a union campaign by committing serious ULPs that tend to make a free and fair election unlikely.” Cemex, slip op., at 28.
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@BrishenRogers
Brishen Rogers
6 months
To that end, please feel free to share it with colleagues both inside and outside the legal academy. /end
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@BrishenRogers
Brishen Rogers
1 year
✊✊🏿✊🏽 Great turnout at the Starbucks near @AmericanU for the day of action demanding that Starbucks bargain in good faith! @SBWorkersUnited
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@BrishenRogers
Brishen Rogers
6 months
We also consider potential harassment and retaliation claims that could arise in the current political climate.
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@BrishenRogers
Brishen Rogers
1 year
Just submitted my first IRB proposal, wish me luck!
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@BrishenRogers
Brishen Rogers
1 year
A captive audience ban could also be challenged on First Amendment grounds, especially before this Court. I'm angry but not shocked that two of the liberal justices went along with this. 8/8
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@BrishenRogers
Brishen Rogers
6 months
I should be clear that the memo does not provide a comprehensive treatment of these matters and should not be construed as providing legal advice. We wrote it to assist with public and private debates on point within law schools, advocacy organizations, employers, and agencies.
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@BrishenRogers
Brishen Rogers
9 months
ok i did it
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@BrishenRogers
Brishen Rogers
9 months
I am once again urging you to read Tomlins' "How Autonomous is Law?"
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@BrishenRogers
Brishen Rogers
9 months
This feels like a very exciting moment for legal theory and critical social theory. I keep encountering new work that draws both from materialist & discourse theories, or tries to bring the “old” tradition of grand critical theory into the present without its deep structuralisms
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@BrishenRogers
Brishen Rogers
6 months
Many thanks to @NoahZatz , @veenadubal , @sameer_ashar , @nikobowie , @sanjuktampaul , and others who assisted in the drafting and analysis here.
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@BrishenRogers
Brishen Rogers
1 year
Bargaining would give workers rights to consult or bargain over new technologies and surveillance practices, so that they can make sure those devices are not used to erode the quality of work.
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@BrishenRogers
Brishen Rogers
11 months
I'm excited to present my research on AI and class power as part of the "Real Utopias for a Social Europe" project. Online conference tomorrow and Wednesday. Other speakers include @jennaburrell , @valeriodeste , @martin_oneill , @TreborS . Details below.
@gmvidl
Guillem Vidal-Lorda
1 year
After our Real Utopias workshops on Universal Benefits and the 4-Day-Week, we are thrilled to announce our third workshop: 𝐑𝐞𝐝𝐢𝐬𝐭𝐫𝐢𝐛𝐮𝐭𝐢𝐧𝐠 𝐏𝐨𝐰𝐞𝐫 𝐚𝐧𝐝 𝐖𝐨𝐫𝐤𝐩𝐥𝐚𝐜𝐞 𝐃𝐞𝐦𝐨𝐜𝐫𝐚𝐜𝐲. June 6th and 7th! All info👇 #DIGCLASS
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@BrishenRogers
Brishen Rogers
1 year
Substantively, the case opens a narrow window for state tort and other anti-labor efforts. But SCOTUS does this all the time in an effort to shift the law. States will begin a million "experiments" to make it harder for workers to strike, some of which will pass muster. 2/
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@BrishenRogers
Brishen Rogers
1 year
Rio is over Twitter and ready for it to end
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@BrishenRogers
Brishen Rogers
5 months
I'm not going to meme this but my unpopular opinion is that we have always lived in isolated epistemic communities, and non-elites have always had political opinions that elites find incomprehensible. What has changed is that social media has made this visible to elites.
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@BrishenRogers
Brishen Rogers
11 months
Should I make this my avi?
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@BrishenRogers
Brishen Rogers
1 year
lentils, the most underrated food?
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@BrishenRogers
Brishen Rogers
11 months
On Glacier: Am I the only one wondering if Kagan and Sotomayor joined the majority because they agree on the merits?
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@BrishenRogers
Brishen Rogers
1 year
I did not expect works councils to be central to the plot of Tar
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