Faculty

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

Spring 2016

  • Labor Law  (EMPL-350-A)

        Charlotte Garden

        Associate Professor of Law

        Curriculum VitaePDF

        Biography

        Professor Charlotte Garden teaches Constitutional Law, Labor Law, Appellate Litigation and Legislation & Regulation at Seattle University School of Law. She also serves as the Litigation Director at the School's Korematsu Center for Law & Equality, and is a faculty advisor for the School's chapter of the American Constitution Society.

        Professor Garden's scholarship focuses on the labor movement and the First Amendment. Her articles have appeared in George Washington Law Review, Fordham Law Review, and the William & Mary Law Review, among others. She has also written shorter pieces for SCOTUSblog, Salon, and Huffington Post. Her legal analysis has been featured on media outlets such as NPR's Marketplace, the Washington Post, The Nation, and the Detroit Free Press.

        Before joining Seattle University, Professor Garden spent two years as 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 regarding the Prison Litigation Reform Act and the scope of core habeas rights. 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 practiced as 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

        Faithful Employers & Labor Law, __ B.U. L. REV. __ (forthcoming 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

        Uber Drivers' $100 Million Deal May Set Pace for Gig Economy

        April 21, 2016
        How gig-economy employers treat their workers will continue to be tested in lawsuits, says Professor Charlotte Garden.

        Lyft Pays Price for Success in Rejected Driver Pay Accord

        April 07, 2016
        Professor Charlotte Garden said a judge's ruling offers guidance for an acceptable settlement with drivers.

        Uber Tries to Stall Driver Pay Trial Armed With New Order

        April 06, 2016
        An appeals court's decision to review is not a good sign for the plaintiffs, says Professor Charlotte Garden.

        Friedrichs v. California Teachers Association & Why We Need Nine

        March 30, 2016
        A tie vote in this major public sector union case before the U.S. Supreme Court shows the need for a ninth justice, says Professor Charlotte Garden.

        What Will Become of Public-Sector Unions Now?

        February 16, 2016
        Justice Antonin Scalia's death could affect a high-profile union case at the U.S. Supreme Court, writes Professor Charlotte Garden. Her essay was also featured in RealClearPolicy, Politico's Pro Morning Shift, and OnLabor update.

        Lawyer in Lyft Accord Vows to Make Uber 'Respect' Drivers

        January 27, 2016
        Arbitration clauses make a big difference between Uber and Lyft contracts, says labor law expert Professor Charlotte Garden.

        Why Some States Want Strong Public-Sector Unions

        January 17, 2016
        Strong unions benefit both employers and employees, says labor law expert Professor Charlotte Garden.

        The End of Public Sector Agency Fees?

        January 12, 2016
        Oral argument at the U.S. Supreme Court "went very badly" for unions, Professor Charlotte Garden writes. (This piece was included in the SCOTUSblog round-up on Jan. 14.)

        Supreme Court signals it's ready to hand CTA, public unions big setback

        January 11, 2016
        Professor Charlotte Garden offers her thoughts on an important union case after hearing oral argument at the U.S. Supreme Court.

        Supreme Court Tackles Friedrichs v. California Teachers Association: What’s At Stake For Public-Sector Unions And Workers?

        January 11, 2016
        Professor Charlotte Garden predicts "wave of contract renegotiations" if precedent is overturned by a U.S. Supreme Court ruling.

        Why Are Unions So Worried About an Upcoming Supreme Court Case?

        January 08, 2016
        Previous court rulings could provide some insight into the latest union challenge, Professor Charlotte Garden explains.

        Why the US Chamber of Commerce Dislikes Seattle's New Uber Unionization Law

        January 05, 2016
        Professor Charlotte Garden explains legal regulations at the heart of challenges to Seattle's driver unionization law.

        High Stakes in Union-Fee Case Before Supreme Court

        January 05, 2016
        Professor Charlotte Garden says a pending Supreme Court case could upset labor contracts for teachers.

        Seattle councilmember who created Uber union law: 'We can be pro-innovation, but also pro-worker'

        December 17, 2015
        Professor Charlotte Garden offers legal analysis of Seattle City Council's for-hire driver union measure.

        Legal Clash Looms Over Seattle Legislation to Organize Uber and Lyft Drivers

        December 15, 2015
        Employee classification and antitrust are the major legal hurdles for the new law, said Professor Charlotte Garden.

        Airport employers seek new hearing on SeaTac minimum wage

        December 15, 2015
        Professor Charlotte Garden sees little "wiggle room" for plaintiffs to reverse a ruling by the Washington Supreme Court.

        Alaska Airlines, Other Businesses Continue Legal Battle Over SeaTac Minimum Wage

        December 15, 2015
        The latest twist in the legal fight over a $15 minimum wage at SeaTac airport is likely a delaying tactic, said Professor Charlotte Garden.

        Seattle Considers 'Unprecedented' Ordinance To Allow Ride-App Drivers To Unionize

        December 14, 2015
        Professor Charlotte Garden says state and city laws can protect workers when federal laws exclude them.

        Seattle Passes Law Allowing Uber Drivers To Unionize

        December 14, 2015
        The new law is more worker-friendly than federal labor law, said Professor Charlotte Garden.

        Seattle allows Uber, Lyft drivers to unionize

        December 14, 2015
        Professor Charlotte Garden is quoted in this Associated Press story, which was published by news outlets around the country.

        Uber Pushes New Contract on Drivers as Pay Fight Escalates

        December 11, 2015
        Professor Charlotte Garden said Uber is trying to limit the size of a pending class action.

        Uber Drivers’ Lawsuit Over Pay Just Got Much Costlier

        December 09, 2015
        Professor Charlotte Garden says a court ruling could dramatically increase the number of Uber drivers joining a lawsuit against the company.

        Will Uber And Lyft Drivers Get A Union In Seattle?

        December 07, 2015
        Professor Charlotte Garden says Seattle is on the forefront of worker protection laws.

        Wash. Supreme Court Again Says SeaTac Minimum Wage Applies To Airport Workers

        December 01, 2015
        Professor Charlotte Garden says further appeals are unlikely in the legal battle over SeaTac's minimum wage law.

        Ed Murray team rolls out stronger labor laws

        November 19, 2015
        Labor law expert Professor Charlotte Garden offers insight into Seattle's new protections for workers.

        Washington State Sued a Failed Kickstarter Project and Won

        October 30, 2015
        Professor Bryan Adamson comments on the consumer's financial risk of sites like Kickstarter.

        Labor board's shift in legal interpretation could allow many taxi drivers to unionize

        October 29, 2015
        Professor Charlotte Garden explains the determination of what makes an independent contractor or an employee.

        Seattle's Audacious Plan To Let Uber And Lyft Drivers Unionize Raises Eyebrows In The On-Demand Economy

        October 09, 2015
        Uber may challenge the right of Seattle drivers to unionize but Professor Charlotte Garden thinks that effort would be unsuccessful.

        Here's What You Can Expect in The Next Action-Packed Supreme Court Term

        October 06, 2015
        This U.S. Supreme Court preview quotes Professor Charlotte Garden's essay on public sector union challenges.

        Korematsu Center defends teacher protections in California case

        September 17, 2015
        State laws that protect teachers from arbitrary or discriminatory dismissal should be retained because they help students, especially those in underprivileged schools, according to an amicus brief filed by our Fred T. Korematsu Center for Law and Equality, the American Association of University Professors, the American-Arab Anti-Discrimination Committee, and 17 award-winning California teachers.

        Labor law has been frozen for 60 years. Democrats are trying to crack it open.

        September 16, 2015
        Labor law expert Professor Charlotte Garden says she isn't optimistic about a new bill that would better protect workers' rights to organize.

        Scott Walker sets sights on unions, outlines plan to alter US labor law

        September 14, 2015
        A plan by presidential candidate Scott Walker would gut union protections, says labor law expert Professor Charlotte Garden.

        City Council member says let Uber drivers unionize

        August 31, 2015
        Professors Charlotte Garden and Liz Ford comment on a Seattle City Council plan to let Uber drivers collectively bargain.

        Washington Supreme Court Rules That $15 Minimum Wage Applies At Sea-Tac Airport

        August 20, 2015
        Professor Charlotte Garden says the city of SeaTac was a political pioneer in the fight for a higher minimum wage.

        State's high court extends SeaTac minimum wage to airport workers

        August 20, 2015
        Does a court ruling in favor of a $15 minimum wage at SeaTac airport apply retroactively? Professor Charlotte Garden comments.

        Friedrichs v. Calif. Teachers Association: Union Fair Share Fees Endangered in One of Next Term's Biggest Cases

        July 03, 2015
        Next year's blockbuster Supreme Court case could be one that affects public sector unions, says labor law expert Professor Charlotte Garden.

        Supreme Court will hear case on public sector union fees

        July 01, 2015
        A pending case against the California Teachers Association could impact public sector unions across the country. Professor Charlotte Garden offers her thoughts and analysis.

        Why A New Supreme Court Case Is An Existential Threat To Unions

        July 01, 2015
        Professor Charlotte Garden explains that a pending Supreme Court case could curtail unions' efforts to get out the vote.

        Unions divide labor movement over LA minimum wage exemptions

        May 29, 2015
        The labor community is divided over a new $15 minimum wage law in Los Angeles. Professor Charlotte Garden explains how union escape clauses could come into play.

        The Assault on Unions Is Hurting All Workers

        May 14, 2015
        Analysis by Professor Charlotte Garden is cited in this opinion piece about how the right-to-work movement affects all workers.

        In Major Anti-Labor Case, Union-busters No Longer Even Pretend Unions Don't Benefit Workers

        April 29, 2015
        Labor expert Professor Charlotte Garden tackles a First Amendment question at play in a case against a California teachers' union.

        Will the Supreme Court Do More Damage To Public Sector Unions?

        April 28, 2015
        Will the Supreme Court take a case that could undermine public sector unions? Professor Charlotte Garden weighs in.

        Exclusive: Amazon makes even temporary warehouse workers sign 18-month non-competes

        March 26, 2015
        Professor Charlotte Garden says a tough job market makes workers vulnerable to restrictive contracts.

        Big fast food seeks injunction against Seattle’s $15 minimum wage

        March 10, 2015
        Labor law expert Professor Charlotte Garden speculated that a federal judge would be unlikely to grant an injuction against Seattle's $15 minimum wage law for franchises of large chain businesses.

        Students take third place in national Indian law moot court competition

        March 09, 2015
        Team Steel Eyes — also known as Seattle University School of Law students Jocelyn McCurtain and Drew Pollom — took third place at the National Native American Law Students Association Moot Court Competition this past weekend.

        SCOTUS deals blow to retirees

        January 27, 2015
        Labor law expert Professor Charlotte Garden finds the silver lining in a recent U.S. Supreme Court ruling on retiree health benefits.

        The Supreme Court Case That Could Decimate American Public Sector Unionism

        January 26, 2015
        Analyzing a lawsuit over "fair share" fees for public sector unions, labor law expert Professor Charlotte Garden explains the differences between lobbying and collective bargaining.

        Space Needle Told To Stop Unfair Labor Practices, Rehire Workers

        January 26, 2015
        Employers can't make staff feel like their union activities are being watched, says labor law expert Professor Charlotte Garden in this piece about a ruling against the Space Needle.