Charlotte Garden

Co-Associate Dean for Research and Faculty Development 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

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

Lawmakers Look to Spruce Up Gig Work Rather Than Replace It

March 18, 2021 | Bloomberg

Professor Charlotte Garden says the compromise measure in Connecticut has serious shortcomings.

The Tech Industry Is Abuzz About the PRO Act. What Is It?

March 18, 2021 | The Markup

Professor Charlotte Garden says the PRO Act wouldn't override other definitions of "employee."

Google Union's Future Likely Hinges on Tech Giant's Response

January 06, 2021 | Bloomberg Law

The union can work creatively to put pressure on Google, says Professor Charlotte Garden.

How to Counteract the Court

November 24, 2020 | The American Prospect

Congress hasn't had the political energy to override the U.S. Supreme Court, says Professor Charlotte Garden.

'Salt Bae' Tips Memo Shows Where Labor, Wage Laws Meet

November 17, 2020 | Law 360

Professor Charlotte Garden comments on a case involving a celebrity chef.

3 Takeaways As Gig Cos. Prevail At Polls On Worker Status

November 04, 2020 | Law 360

Professor Charlotte Garden says the California vote isn't likely to affect legislators in other states.

Uber, Lyft Legal Blow Widens Door For Labor Law Challenges

October 23, 2020 | Bloomberg Law

California's new law regulating gig companies didn't solve the issue of mass arbitration, says Professor Charlotte Garden.

How to Boost Unions' Power? Sectoral Bargaining.

October 22, 2020 | In These Times

Professor Charlotte Garden says sector-based bargaining allows employers to focus on quality of services.

What Prop. 22's defeat would mean for Uber and Lyft — and drivers

October 19, 2020 | Los Angeles Times

California's Proposition 22 would take the teeth out of the state's ability to challenge companies that misclassify workers, says Professor Charlotte Garden.

Uber, Lyft Win Delay on Converting Drivers to Employees

August 20, 2020 | Bloomberg Law

The court may have had the interests of drivers and riders in mind, says Professor Charlotte Garden.

Uber, Lyft Must Convert Drivers Into Employees, Judge Rules

August 10, 2020 | Bloomberg Law

Professor Charlotte Garden says California law doesn't preclude flexible employment.

GrubHub Ruling Draws New Line in Battles Over Driver Arbitration

August 06, 2020 | Bloomberg Law

Professor Charlotte Garden weighs in on whether gig drivers can be considered transportation workers.

Uber Confronts California in Turning Point for Gig Workers

August 06, 2020 | Bloomberg Law

Professor Charlotte Garden explains the significance of a labor law hearing for Uber and Lyft.

Uber Takes Shot at Lyft in Defense to Gig Worker Suit

July 15, 2020 | Bloomberg

Are business models for Uber and Lyft different enough for labor law? Professor Charlotte Garden says probably not.

Religion, LGBT Rights Again on Collision Course at High Court

July 08, 2020 | Bloomberg Law

Professor Charlotte Garden explains which laws might allow for religious exemptions.

King County Labor Council expels Seattle police union

June 17, 2020 | Crosscut

Police unions should align member interests with community interests, says Professor Charlotte Garden.

LGBT Ruling Paves Way for Bathroom, Religious Battles at Work

June 16, 2020 | Bloomberg Law

A Supreme Court ruling helps more people understand that such discrimination is illegal, says Professor Charlotte Garden.

Get Ready for Janus 2.0, Which Could Devastate Labor More Than the First

June 11, 2020 | In These Times

Lower courts were unanimous, so there's no reason for the U.S. Supreme Court to take this case, says Professor Charlotte Garden.

Workers' Collective Power in the Pandemic

June 10, 2020 | The Century Foundation

Professor Charlotte Garden writes that unions are especially valuable in tough times.

The Case For Sectoral Bargaining Is Now Stronger Than Ever

May 21, 2020 | In These Times

Bargaining by sector is better for wages and safety standards, says Professor Charlotte Garden.

Uber, Lyft Sued by California in Major Gig-Economy Crackdown

May 05, 2020 | Bloomberg Tax

Professor Charlotte Garden says the legal action might finally determine drivers' employment status.

Shelter From the Storm

May 04, 2020 | On Labor

Professor Charlotte Garden asks what policies would help people find economic shelter at work.

Uber Budges, a Bit, on Virus Sick Pay for California Drivers

April 30, 2020 | Bloomberg

Drivers might get sick pay, but employment status isn't settled, says Professor Charlotte Garden.