Law Commons^™

The Political Economy Of The Wagner Act: Power, Symbol, And Workplace Cooperation, Mark Barenberg

Faculty Scholarship

To shed light on the legal debate over new forms of workplace collaboration, this Article reexamines the origins of the National Labor Relations Act of 1935. Professor Barenberg concludes that the Wagner Act scheme was profoundly cooperationist, not adversarial as is conventionally assumed. Revisionist historiography shows that, contrary to the claims of public choice theorists, Senator Wagner's network of political entrepreneurs was the decisive force in the conception and enactment of the new labor policy, amidst interest group paralysis and popular unrest. Drawing on original archival materials and oral histories, Professor Barenberg reconstructs the progressive ideology of Wagner and his …

Corrective Justice For Moderns, George P. Fletcher

Faculty Scholarship

Once when I was reading a Soviet commentary on criminal procedure, a friend noticed the cyrillic title and asked whether the Russian book was fiction or nonfiction. My initial tendency was to give the straight response, "Nonfiction, of course," but then I thought about what I was reading and began to laugh. Now if someone asked me whether Jules Coleman's Risks and Wrongs was fiction or nonfiction, I would want to give the straight reply. Thinking about the book, however, I hesitate. And I do not laugh.

It is becoming more and more difficult these days to distinguish fiction from …

A Tribute To Justice Byron R. White, Lewis F. Powell Jr., Rhesa H. Barksdale, David M. Ebel, Lance Liebman, Charles Fried

Faculty Scholarship

Of 107 Justices in 205 years, only twelve have served longer than thirty years, and every long-serving Justice has made a substantial contribution to the institution - offering a steady and dedicated response to the judicial challenges of an era, asserting leadership at a time of national crisis, or articulating a large constitutional vision. The personal qualities and life experiences that a new Justice brings to the Court contain the seeds of the individual's judicial service. Justice White, a skeptical but unflinching democrat, was no exception.