Lawyer loses challenge to mandatory membership in group
Legal Events
A federal appeals court has rejected a challenge to a policy that requires lawyers join the State Bar of Michigan. Lucille Taylor said the group’s use of her dues for advocacy activities violates her right to free speech, among other objections. But the appeals court, 3-0, said the U.S. Supreme Court has long held that mandatory membership as a condition of practicing law doesn’t violate freedom of association. The Supreme Court said in another case that bar associations can use dues without violating free speech. Taylor was chief counsel under Gov. John Engler and a top Republican lawyer in the Legislature. She argued that a 2018 decision in favor of public employees who don’t want to join a union would help her. “The speech claim would prevail if an integrated bar association used mandatory membership fees to fund non-germane political or ideological activity without providing adequate opt-out procedures,” Judge Amul Thapar said Thursday. Taylor conceded that the State Bar of Michigan’s activities don’t cross that line, Thapar said.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.