Labor Relations Commons^™

Collective Begging At Its Best: Labor-Management Relations In South Dakota, Gary Aguiar

Journal of Collective Bargaining in the Academy

Public employee labor unions in South Dakota possess a feeble set of bargaining rights, so weak it should be considered “collective begging.” However, our recent contract contains significant victories despite decades of playing defense. What lessons can be learned from this experience that might help other similarly situated faculty unions? What does this case study teach us about the disparity of power, especially where labor has fewer legal and political tools than management? I apply DiGiovanni’s (2011) typology of “intangible influences” on collective bargaining to explain our success. As DiGiovanni predicts, history and timing played a large role in influencing …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …