Charlotte Garden
Co-Associate Dean for Research and Faculty Development and Associate Professor of Law
Curriculum VitaeBiography
Charlotte Garden is an expert in labor law and the regulation of work & workers. She is an Associate Professor at the Seattle University School of Law, where she teaches Labor Law, Constitutional Law, Appellate Litigation and Legislation & Regulation. She also teaches in the Civil Rights Amicus Clinic, serves as the Faculty Advisor for the School's chapter of the American Constitution Society, and is the Litigation Director at the School's Korematsu Center for Law & Equality.
Professor Garden's scholarship focuses on the intersection of work/labor law 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, and the Harvard Civil Rights-Civil Liberties Law Review. She regularly writes opinion and analysis pieces for non-academic audiences at popular outlets such as The Atlantic, SCOTUSblog, Salon and the blog of the American Constitution Society. Her legal analysis has been featured in the mainstream media, on platforms such as the New York Times, APR's Marketplace, Bloomberg News, the Washington Post, The Nation, and Politico. Professor Garden is a co-author of a Labor Law casebook, with collaborators Seth Harris, Anne Marie Lofaso, and Joe Slater.
In addition to her teaching and scholarship, Professor Garden serves on the Executive Committee of the AALS Section on Labor Relations and Employment Law, is a co-chair of the Labor Rights Collaborative Research Network of the Law & Society Association, and is a co-editor of the Work Law section for the online legal journal JOTWELL. She also regularly authors amicus briefs in cases affecting unions and workers, most recently in Vergara v. California, Friedrichs v. California Teachers Association, M&G Polymers USA, LLC v. Tackett, and Harris v. Quinn.
Before 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. While there, she argued cases before the Fourth and D.C. Circuits. Professor Garden then clerked for Judge Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit. A graduate of NYU School of Law and McGill University, Professor Garden also spent several years in practice as a public interest litigator. From 2005-2008, she was an associate at the union-side labor law firm Bredhoff & Kaiser, PLLC in Washington, D.C. Before that, she was a guardian ad litem at the Children's Law Center in Washington D.C., and held the Abraham Fuchsberg Fellowship at Public Citizen Litigation Group, where she focused on consumer safety issues, class action fairness, and Internet privacy.
Publications
Disrupting Work Law, __ CHI. L. FORUM __ (forthcoming 2017) (in progress).
Comments on the Restatement of Employment Law (Third), Chapter One, __ EM. RTS. & EMP. POL'Y J. __ (forthcoming 2017) (in progress) (with Joseph Slater).
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
What the Supreme Court decision means for workers — especially if you work at a private companyMay 22, 2018 | Mic
Professor Charlotte Garden says many worker claims are too small to fight in court individually.
Pay-Hungry Uber Drivers Hobbled by High Court Arbitration RulingMay 21, 2018 | Bloomberg Technology
Professor Charlotte Garden says a recent U.S. Supreme Court ruling is bad news for Uber drivers and their class action suit.
Supreme Court Issues "Disaster" Ruling for Workers — What Can Washington Do About It?May 21, 2018 | The Stranger
Professor Charlotte Garden says low-wage workers will be especially hurt by the court ruling.
Trump Administration Fights Effort to Unionize Uber DriversMarch 26, 2018 | The Intercept
Professor Charlotte Garden outlines advantages of Seattle's driver unionization ordinance.
U.S. Supreme Court To Hear Case With Big Significance For Public-Sector UnionsFebruary 26, 2018 | KNKX
Professor Charlotte Garden explains what's at stake in Janus v. AFSCME.
Legal Scholar: Sliver of Hope for Labor After Janus HearingFebruary 26, 2018 | Capital & Main
Professor Charlotte Garden analyzes oral argument at the U.S. Supreme Court in a case about union fees.
Think-Tank Workers Think About Joining UnionFebruary 21, 2018 | Bloomberg Law
Professor Charlotte Garden comments about how millennials are the guiding force behind the current growth in professional unions.
GrubHub drivers are independent contractors — not employees — under California law, judge rulesFebruary 08, 2018 | Los Angeles Times
Professor Charlotte Garden says stricter standards in California make the win especially significant.
Litigation Over Seattle Law Allowing Unionization For Ride-Share Drivers ContinuesFebruary 06, 2018 | KNKX
Professor Charlotte Garden says judges are grappling with the new law.
The Eminent Libertarians Who Might Save Public Sector UnionsFebruary 02, 2018 | The Intercept
Two legal scholars could be very influential in a pending Supreme Court case on union fees, according to Charlotte Garden.
Google is being sued for discriminating against men and women. Both can't be true.January 16, 2018 | NBC Think
Charlotte Garden looks at conflicting claims about gender discrimination at Google.
Columbia University Has Options to Delay BargainingDecember 20, 2017 | Bloomberg
Public sentiment could help Columbia grad students bargain with the university, says Professor Charlotte Garden.
Outlook 2018: Supreme Court - What's at Stake for the WorkplaceDecember 12, 2017 | Bloomberg
Labor law expert Charlotte Garden discusses current cases that could affect workers.
Will Trump Lawyers Switch Sides in Supreme Court Labor Case?December 05, 2017 | Bloomberg
Federal opposition could make the unions' case even tougher, says Professor Charlotte Garden.
It's GrubHub on Trial But Uber Has a Dog in This Fight TooOctober 30, 2017 | Bloomberg
GrubHub ruling will be seen as bellwether for other gig-economy companies, Professor Charlotte Garden says.
Did The Washington Post Break A Law When It Disciplined A Reporter Over A Jeff Bezos Op-Ed?September 15, 2017 | HuffPost
Professor Charlotte Garden weighs in on whether the Washington Post can discipline an employee who criticized Jeff Bezos, the owner of the Post.
Labor Day under Trump? Not exactly a picnicSeptember 03, 2017 | The Seattle Times
Professor Charlotte Garden, an expert in labor law and regulation, shares how Seattle has improved life for workers.
Labor Organizing in Right-to-Work States Is Numbers GameAugust 15, 2017 | Bloomberg BNA
States make it difficult for labor unions to organize, says Professor Charlotte Garden.
Fired Google Engineer Claims His Rights Were Violated. Trump's Labor Board May DisagreeAugust 08, 2017 | HuffPost
A fired Google employee is probably not protected by laws allowing workers to organize, says Professor Charlotte Garden.
Uber, Lyft Face Setback in Push to Block Seattle Union EffortAugust 01, 2017 | The Wall Street Journal
Latest court ruling makes drivers' union more likely, Professor Charlotte Garden says.
Judge Tosses Federal Lawsuit Against Seattle's Uber Unionization LawAugust 01, 2017 | The Stranger
Professor Charlotte Garden predicts a second court win for the city's ordinance.
Deregulation at WorkJuly 24, 2017 | ACSBlog
Professor Charlotte Garden anticipates labor deregulation in the coming months and years.
Improving Work Law Enforcement in States: California's Private Attorneys General ActJuly 19, 2017 | On Labor
States can pick up federal slack in enforcing worker protection laws, Professor Charlotte Garden says.