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it, “pragmatic”) CBA—then it would be useful for them to say so, and if they did, much of the charged political controversy over CBA would abate
always deemed ‘employees,’ entitling them to certain protections and benefits but at the cost of greater employer control over their activities. On
But I do reject my commentators’ seeming indifference to the twin dangers of normalization and obstruction. If we take them at their word, they
of an “MAE” or of “the ordi- nary course of business.” These terms simply mean whatever the parties say in their merger agreement that they mean. To
an “MAE” or of “the ordi- nary course of business.” These terms simply mean whatever the parties say in their merger agreement that they mean. To
example, told Human Rights Watch, “After the firings everybody clammed up. . . . They were afraid . . . . They’re afraid of losing their jobs.” HUMAN
amplifying their message. So, while the ease and anonymity of plants make them more common, they have less opinion-shaping power. The differences
therefore state their position plainly, instead of pretending, as did the Court in Roe, that there is a way to resolve challenges to abortion laws
tures of their personalities, temperaments, and the social contexts in which they find them- selves.”). 75. See, e.g., Mark D. Alicke, Culpable Control
them by one part of the federal government to contest the decisions of another part, and, whether rightly or wrongly, they cast themselves as