scholarly journals A Call out of Seir: The Meaning and Future of US Labor Law

2021 ◽  
pp. 1-21
Author(s):  
Christopher Tomlins
Keyword(s):  
Labor Movement ◽  
Labor Law ◽  
First Century ◽  
Divide And Conquer ◽  
Law Reform ◽  
Labor Laws ◽  
Critical Research ◽  
American Capitalism ◽  
Current Century ◽  
American Labor

The Cambridge Handbook of US Labor Law for the Twenty-First Century decries federal labor law for forsaking American workers and undermining American unions. Its contributors seek a reformed labor law for the current century. In this review essay, I examine the handbook’s contention that federal labor law has failed. To assess the merits of the claim, we must test the foundations of its contributors’ assumptions—about the labor movement, about the place of the labor movement in the political economy of American capitalism envisaged by labor law, and, indeed, about law itself. To do so, I turn to earlier, critical research on the character of American labor laws, notably Joel Rogers’s seminal 1990 essay “Divide and Conquer,” and also to work of my own. To put it crudely, I ask how much labor law reform actually matters.

ORGANIZED LABOR AND AMERICAN LAW: FROM FREEDOM OF ASSOCIATION TO COMPULSORY UNIONISM

2008 ◽  
Vol 25 (2) ◽  
pp. 22-52
Author(s):  
Paul Moreno
Keyword(s):  
Private Sector ◽  
Labor Movement ◽  
Labor Law ◽  
Essential Element ◽  
Organized Labor ◽  
Union Power ◽  
Freedom Of Association ◽  
American Law ◽  
American Labor Movement ◽  
American Labor

Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (private-sector) decline back to historically normal levels. This article provides a synoptic overview and reinterpretation of the development of American labor law.

Divide and Conquer: The Legal Foundations of Postwar U.S. Labor Policy+

2011 ◽  
Vol 12 (1) ◽  
pp. 210-230 ◽  
Author(s):  
Joel Rogers
Keyword(s):  
Labor Law ◽  
Labor Policy ◽  
Divide And Conquer ◽  
Regulatory Regime ◽  
Labor Management ◽  
The Past ◽  
Two Generations ◽  
Legal Foundations ◽  
Distinctive Structure ◽  
American Labor

This paper provides an outline for a general theory of postwar U.S. labor law and regulation. It focuses on the structure and administration of the Labor Management Relations Act (LMRA), the centerpiece of U.S. labor policy over the past two generations. The central thesis of the analysis is that American labor law tends systematically to constrain and fragment worker organization, and is best understood as comprising a regulatory regime that both codifies and furthers the weakness of American labor. The organizing principle of this regulatory regime is the general denial of substantive generic entitlements for workers, and the general limitation of enforceable substantive worker claims to those claims arising from the guarantees of specific collective bargaining agreements negotiated within narrow contexts of union-employer dealings. As a consequence of this distinctive structure of interest articulation and satisfaction, unions rationally adopt highly particularistic bargaining strategies in their dealings with employers. As a consequence of such adoption, unions are divided within themselves, from one another, and from unorganized workers, with the result that workers overall are cumulatively weakened as a class.

scholarly journals Access to Justice and Labor Law Reform in Asia

Rechtsidee ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 17
Author(s):  
Asri Wijayanti
Keyword(s):  
Labor Law ◽  
Weak Field ◽  
Law Reform ◽  
Access To Justice ◽  
International Labor Organization ◽  
Labor Laws ◽  
Law System ◽  
International Labor ◽  
Legal Structures ◽  
Labor Law Reform

The existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO) conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region. How To Cite: Wijayanti, A. (2016). Access to Justice and Labor Law Reform in Asia. Rechtsidee, 3(1), 17-26. doi:http://dx.doi.org/10.21070/jihr.v3i1.144

Friedrich A. sorge on the American labor movement

Labor History ◽  
1977 ◽  
Vol 18 (4) ◽  
pp. 592-606
Author(s):  
Miriam Frank ◽  
Martin Glaberman
Keyword(s):  
Labor Movement ◽  
American Labor Movement ◽  
American Labor
Sign in / Sign up

Export Citation Format

Share Document