Avoidance Creep

Charlotte Garden, Avoidance Creep, __ U. Pa. L. Rev. __ (forthcoming 2020), available at SSRN. 

Joseph Slater

Professor Charlotte Garden already has a well-earned reputation as a leading scholar on the intersection of labor law and the First Amendment. This reputation will only be enhanced by her outstanding new article, Avoidance Creep. The article addresses a problem in labor law, and potentially other areas, involving the doctrine of “constitutional avoidance.” This doctrine provides that if one plausible reading of a statute would […]