Prof. Matthew Bodie Interviewed by Bloomberg Law about Contrasting Court Review of the NLRB's Injunctive Power

Professor Matthew Bodie, Robins Kaplan Professor of Law, spoke to Robert Iafolla at Bloomberg Law about the power of the National Labor Relations Board (NLRB) to seek preliminary injunctive relief in unfair labor practice cases. Following the Supreme Court's decision in Starbucks Corp. v. McKinney, federal courts of appeals have subjected the NLRB's petitions under Section 10(j) of the Act to differing degrees of scrutiny, with some courts expecting stronger evidence on likelihood of success and irreparable harm. Comparing the Supreme Court's McKinney decision to an "inkblot test," Professor Bodie highlighted the potential for divergent approaches.