"Janus v. American Federation of State, County, and Municipal Employees" by J. J. Prescott
 

Document Type

Brief

Publication Date

1-18-2018

Abstract

Amici curiae are thirty-six distinguished economists and professors of law and economics. They occupy prominent positions at preeminent universities and institutions, and include three Nobel laureates, two recipients of the American Economic Association's prestigious John Bates Clark Medal, and two past Presidents of the American Economic Association. They have no personal stake in the outcome of this case, but have an interest in assisting this Court in understanding the free-rider problem at issue here.

Petitioner's assertion that fair-share fees are unnecessary, and his assumption that employees seek to avoid paying fair-share fees because of commonly-held "beliefs that they do not benefit from a union's advocacy," Pet. Br. 52, are incorrect and unfounded. In fact, "rational, self-interested individuals" often "will not act to achieve their common or group interests," even when they agree about those common interests and how to achieve them. Olson, supra, at 2 (emphasis in original). This is not only well established in economic theory, it is also confirmed by empirical data-including the results of recent union-recertification elections.

Comments

Amicus: Aaron, Professor Henry J.; Abraham, Professor Katharine G.; Acemoglu, Professor Daron; Autor, Professor David; Ayres, Professor Ian; Blinder, Professor Alan S.; Card, Professor David; Dau-Schmidt, Professor Kenneth G.; Deaton, Professor Angus Stewart; DeLong, Professor Bradford; Donohue, Professor John J. III; Ehrenberg, Professor Ronald G.; Farber, Professor Henry S.; Frank, Professor Robert H.; Freeman, Professor Richard B.; Goldin, Professor Claudia; Gordon, Professor Robert J.; Hart, Professor Oliver; Hoffman, Professor David A.; Katz, Professor Lawrence F.; Kochan, Professor Thomas A.; Krueger, Professor Alan; Lewin, Professor David; Marshall, Professor Ray; Mas, Professor Alexandre; Maskin, Professor Eric S.; Morantz, Professor Alison D.; Prescott, Professor J.J.; Rogers, Professor Brishen; Rothstein, Professor Jesse; Rouse, Professor Cecilia Elena; Sachs, Professor Jeffrey D.; Schwab, Professor Stewart J.; Verkerke, Professor J.H.; Voos, Professor Paula B.; Weil, Professor David

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