Charlotte Garden

Co-Associate Dean for Research and Faculty Development and Associate Professor of Law
Curriculum Vitae

Contact

Sullivan Hall 322
(206) 398-4073
gardenc@seattleu.edu

Education

B.A., with great distinction, McGill University, 2000
J.D., cum laude, New York University School of Law, 2003
LL.M., with distinction, Georgetown University Law Center, 2010

Specializations

Labor and Employment Law
Constitutional Law
Legislation & Regulation

Courses

Constitutional Law II (CNLW-300-A)

Biography

Charlotte Garden is an expert in labor & employment law. She is an Associate Professor (with tenure) at the Seattle University School of Law, where she teaches Labor Law, Employment Law, Constitutional Law, Appellate Litigation, and Legislation & Regulation. She occasionally teaches in the Civil Rights Amicus Clinic and is the Litigation Director at the School's Korematsu Center for Law & Equality. Since 2017, she has been the Law School’s Co-Associate Dean for Research & Faculty Development.

Professor Garden’s scholarship focuses on the intersection of work/labor/technology and the Constitution. Her articles have appeared in the Emory Law Journal, Boston University Law Review, George Washington Law Review, Fordham Law Review, William & Mary Law Review, the University of Chicago Legal Forum, and the Harvard Civil Rights-Civil Liberties Law Review. She is a co-author of two leading labor & employment law casebooks: Modern Labor Law in the Private and Public Sectors, with Seth Harris, Anne Marie Lofaso, Joe Slater, and Dick Griffin, Jr.; and Employment Law Cases and Materials, with Mark Rothstein, Lance Liebman, Kimberly Yuracko, and Paul Secunda. In 2019, Cambridge University Press will publish her edited volume, The Cambridge Handbook of U.S. Labor Law (co-edited with Rick Bales).

In addition to her teaching and scholarship, Professor Garden’s external service includes serving as Chair-Elect of the Executive Committee of the AALS Section on Labor Relations and Employment Law, and co-chairing a working group of the Clean Slate Project at Harvard Law School’s Labor & Worklife Program. She is a co-editor of the Work Law section for the online legal journal JOTWELL, a Senior Contributor to OnLabor, and a Contributor to Take Care. She regularly authors amicus briefs in cases affecting unions and workers, including in Janus v. AFSCME, Chamber of Commerce v. City of Seattle, Vergara v. California, Friedrichs v. California Teachers Association, M&G Polymers USA, LLC v. Tackett, and Harris v. Quinn.

Professor Garden regularly writes opinion and analysis pieces for practitioners and non-academic audiences. She regularly publishes case previews and argument/opinion analysis for SCOTUSblog, and her opinion pieces have appeared in outlets such as The Atlantic, NBCThink, and the blog of the American Constitution Society. Her legal analysis is regularly featured in the mainstream media, on platforms such as the New York Times, NPR, Bloomberg, the Washington Post, The Nation, and Politico.

Prior to joining Seattle University, Professor Garden was a teaching fellow in the Appellate Litigation Clinic at Georgetown University Law Center, where she also received her LL.M. Professor Garden then clerked for Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit. She is graduate of NYU School of Law and McGill University.

 

Publications

Avoidance Creep (in progress)

Speech Inequality – IND. L.J. – (in progress)

The Seattle Solution: Collective Bargaining by For-Hire Drivers & Prospects for Pro-Labor Federalism, HARV. L. & POL'Y REV. (2018)

Disrupting Work Law: Disrupting Work Law: Arbitration in the Gig Economy , 2017 CHI. L. FORUM (2018).

The Deregulatory First Amendment at Work, 51 HARV. C.R.-C.L. L. REV. 323 (2016).

Religious Employers & Labor Law: Bargaining in Good Faith?, 95 B.U. L. REV. 109 (2016)

Toward Politically Stable NLRB Lawmaking: Rulemaking vs. Adjudication
, 64 EMORY L.J. 1467 (2015).

Meta Rights, 83 FORDHAM L. REV. 855 (2014)
Selected for peer review in JOTWELL, available at
http://worklaw.jotwell.com/putting-union-security-clause-first-amendment-law-in-a-broader-context-charlotte-gardens-meta-rights/

Citizens United & the First Amendment of Labor Law,43 STETSON L. REV. 571 (2014).

Unions & Campaign Finance Litigation, 14 NEVADA L.J. 364 (2014).

"So Closely Intertwined": Labor Interests and Racial Solidarity, 81 GEO. WASH. L. REV. 1135 (2013) (with Nancy Leong).

Union Made: Labor's Litigation for Social Change, 88 TULANE L. REV. 193 (2013).

Teaching for America: Unions and Academic Freedom, 43 U. TOL. L. REV. 563 (2012).

Citizens, United and Citizens United: The Future of Labor Speech Rights?, 53 WM. & MARY L. REV. 1 (2011). Selected for peer review in JOTWELL, available at
http://worklaw.jotwell.com/2012/04/.

Labor Values are First Amendment Values: Why Union Comprehensive Campaigns are Protected Speech,
79 FORDHAM L. REV. 2617 (2011).
Cited in Cox et al., LABOR LAW, 572 (15th ed. 2011).

Recent Activity

In the News

Scabby the Rat Is Under Attack—And Needs Our Help

May 16, 2019 | In These Times

Professor Charlotte Garden says the U.S. Supreme Court has reliably protected activities like picketing.

Labor Law Safeguards for Worker Lawsuits Imperiled at NLRB

May 14, 2019 | Bloomberg Law

Professor Charlotte Garden explains how the National Labor Relations Act protects workers from employer retaliation.

Uber and the doublespeak at the heart of Silicon Valley

May 10, 2019 | Fast Company

Professor Charlotte Garden says federal labor law isn't affected by how states classify drivers.

Uber's Arbitration Addiction Could Be Death by 60,000 Cuts

May 08, 2019 | Bloomberg

Professor Charlotte Garden says Uber might cry uncle on negotiating with individual drivers.

Uber, Lyft Driver Strike Could Set Off Misclassification Minefield

May 08, 2019 | Law.com

Professor Charlotte Garden says employees are allowed to strike, but not independent contractors.

Bonney Lake Walmart's robot zips along in tech revolution that's raising big questions for workers

May 06, 2019 | The Seattle Times

Professor Charlotte Garden says unions are even more vital as robots transform jobs done by humans.

Opinion analysis: The meaning of consent to class arbitration

April 25, 2019 | SCOTUSblog

Professor Charlotte Garden analyzes the U.S. Supreme Court's decision in Lamps Plus v. Varela.

Seattle Labor Unions Then and Now

March 26, 2019 | Seattle Met

Professor Charlotte Garden offers observations on the current state of labor organizing in Seattle.

Franchisers Ask EEOC for Anti-Harassment Guidance Post #MeToo

March 22, 2019 | Bloomberg

Professor Charlotte Garden says franchisers want to avoid joint employer liability when dealing with franchisees’ anti-harassment policies.

Dozens of Class Actions Build on Supreme Court's 'Janus' Union Ruling

March 14, 2019 | The National Law Journal

Refunds of dues would be an existential threat to unions, says Professor Charlotte Garden.

Uber to Pay $20 Million to Settle Driver Classification Suit

March 12, 2019 | Bloomberg

Professor Charlotte Garden says the settlement is reasonable but doesn't resolve driver status.

Someone's Going to Get Killed Charging Those E-Scooters

March 12, 2019 | VICE

Professor Charlotte Garden says workers need companies to create better working conditions.

Google Will Stop Making Employees Waive Class Action Rights

February 21, 2019 | Bloomberg

Professor Charlotte Garden says the company's move is a "major step forward."

Amazon Workers Are Denouncing Unions by Using Suspiciously Similar Tweets, but It's Apparently Not Coordinated

February 06, 2019 | Slate

Professor Charlotte Garden says recruiting anti-union Twitter ambassadors would violate labor law.

America's Teachers Are Furious

January 22, 2019 | The Atlantic

Professor Charlotte Garden says the L.A. teachers' strike could be a pivotal moment in modern labor activism.

Death to Scabby: Trump Labor Counsel Wants Protest Icon Deflated

January 22, 2019 | Bloomberg

Scabby the giant inflatable rat has a venerable history in the labor movement, says Professor Charlotte Garden.

McDonald's Franchisees See Strength in Numbers; Some See a Union

December 04, 2018 | Bloomberg Law

Franchise operators want to organize but oppose workers' ability to do the same thing, Professor Charlotte Garden says.

Anecdotal Evidence for 'Joint Employment' Rule May Not Be Enough

November 15, 2018 | Bloomberg

Professor Charlotte Garden expects dueling analyses as employers and workers debate the rule.

Opinion analysis: Federal age-discrimination law applies to all public employees

November 06, 2018 | SCOTUSblog

Professor Charlotte Garden analyzes an age discrimination ruling, the first decision of the Supreme Court's 2018-19 session.

Argument analysis: The familiar divide in arbitration cases re-emerges

October 30, 2018 | SCOTUSblog

Professor Charlotte Garden analyzes oral arguments in a case heard at the U.S. Supreme Court.

Washington Supreme Court Rules That Charter Schools Are Constitutional

October 25, 2018 | KNKX

Professor Charlotte Garden comments on the collective bargaining rights of charter school employees.

Arbitration Day at Supreme Court: Will 'Super Statute' Prevail?

October 25, 2018 | Bloomberg

Professor Charlotte Garden previews two arbitration cases pending at the U.S. Supreme Court.

Argument preview: How should courts decide if parties to an arbitration contract may aggregate their claims?

October 22, 2018 | SCOTUSblog

Professor Charlotte Garden previews an arbitration case at the Supreme Court this term.

9 law experts on what Brett Kavanaugh means for the future of America

October 09, 2018 | KUOW

Professors Andrew Siegel, Charlotte Garden, and others weigh in on what Justice Brett Kavanaugh means for the Supreme Court.

Argument analysis: "A strange statute that was written in a strange way"

October 02, 2018 | SCOTUSblog

Professor Charlotte Garden analyzes oral arguments in an age discrimination case pending before the U.S. Supreme Court.

Joint Employment Test's Bark May Be Worse Than Its Bite

October 02, 2018 | Bloomberg

Franchise businesses have the most to lose, says Professor Charlotte Garden.

Uber Drivers Suing for Better Pay Lose Critical Court Ruling

September 25, 2018 | Bloomberg

A changing legal landscape means the case is far from over, says Professor Charlotte Garden.

Four Reasons Brett Kavanaugh Is Scary That Go Way Beyond Abortion

September 10, 2018 | VICE

SCOTUS nominee sees the law through employers' eyes, not employees' eyes, says Professor Charlotte Garden.

Judge Kavanaugh on work law

August 16, 2018 | SCOTUSblog

Supreme Court nominee Brett Kavanaugh tends to defer to employers in his work-law rulings, writes Professor Charlotte Garden.

Inconsistent Views on Waiving Rights in Employment

July 26, 2018 | The Regulatory Review

Professor Charlotte Garden says individual arbitration clauses are harmful to workers.

Black Cities in Red States Win Key Victory in Minimum Wage Fight

July 25, 2018 | Bloomberg Quint

Professor Charlotte Garden says it's difficult to prove that a legislature acted with racial animus.

10 Questions Judge Kavanaugh Should Answer

July 11, 2018 | The Nation

Professor Charlotte Garden offers a theoretical question for Judge Brett Kavanaugh's confirmation hearing.

For 60 Years, This Powerful Conservative Group Has Worked to Crush Labor

July 05, 2018 | The Nation

Professor Charlotte Garden speculates that exclusive representation could be the next casualty in the war against unions.

After Janus, the country's largest public-sector union takes stock of its movement

July 05, 2018 | The Intercept

Professor Charlotte Garden speculates on other targets the "right to work" organizations might go after.

California judge rules against class-action status in Twitter gender bias case

July 03, 2018 | The Seattle Times

This ruling is not the end of the case, says Professor Charlotte Garden.

The Deregulatory First Amendment Strikes Back

July 03, 2018 | Shall Take Care

Professor Charlotte Garden kicks off a roundtable discussion with analysis of recent court rulings.

Twitter Beats Back Group-Bias Lawsuit by Female Engineer

July 03, 2018 | Bloomberg

The case could continue without class-action status, says Professor Charlotte Garden.

How A New Supreme Court Justice May Affect Cases Filed By Washington's Attorney General

July 02, 2018 | KNKX

Professor Charlotte Garden says the new high court is more likely to lean right and support Trump.

Union-hating billionaires bankrolled case

July 02, 2018 | New York Teacher

Janus case is the "latest salvo" in long fight against unions, says Professor Charlotte Garden.

Belabored Podcast #154: After Janus, with Charlotte Garden

June 29, 2018 | Dissent

Professor Charlotte Garden anticipates fallout from the Supreme Courts union fees decision.

Life after Janus

June 28, 2018 | Politico

No workers will pay union fees unless they want to, says Professor Charlotte Garden.

This Supreme Court made it easier for conservatives to win First Amendment claims, but harder for liberals

June 28, 2018 | NBC News Think

Recent rulings protect some speakers and forms of speech over others, says Professor Charlotte Garden.

How the Supreme Court's Latest Ruling Could Decimate Public Sector Unions

June 27, 2018 | Mother Jones

Professor Charlotte Garden says anti-union groups have been litigating toward this goal since the 1950s.

Judge blocks effort to expand Microsoft gender-bias case to thousands of women

June 25, 2018 | The Seattle Times

Plaintiffs will likely appeal class action ruling, says Professor Charlotte Garden.

What the Supreme Court decision means for workers — especially if you work at a private company

May 22, 2018 | Mic

Professor Charlotte Garden says many worker claims are too small to fight in court individually.