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Full-Text Articles in Law
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Karl E. Klare
This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the …
Judicial Deradicalization Of The Wagner Act And The Origins Of Modern Legal Consciousness, 1937-1941, Karl E. Klare
Judicial Deradicalization Of The Wagner Act And The Origins Of Modern Legal Consciousness, 1937-1941, Karl E. Klare
Karl E. Klare
No abstract provided.
The Law-School Curriculum In The 1980s: What's Left?, Karl E. Klare
The Law-School Curriculum In The 1980s: What's Left?, Karl E. Klare
Karl E. Klare
No abstract provided.
The Quest For Industrial Democracy And The Struggle Against Racism: Perspectives From Labor Law And Civil Rights Law, Karl E. Klare
The Quest For Industrial Democracy And The Struggle Against Racism: Perspectives From Labor Law And Civil Rights Law, Karl E. Klare
Karl E. Klare
This Article is occasioned by the state of crisis which the labor and civil rights movements have simultaneously entered. It attempts to develop new ways of understanding the historical origins of the present crises. My purpose is to contribute to the discussion of class and race in American life by exploring a series of parallels, convergences, and connections between labor law and civil rights law. The particular focus of the Article is on certain limitations of collective bargaining law and an instrument for achieving democracy in the workplace and upon certain limitations of civil rights law as a process for …
Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare
Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare
Karl E. Klare
No abstract provided.
The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare
The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare
Karl E. Klare
Much contemporary debate in the field of industrial relations focuses on the wrong questions. Discussion is often framed in misleading terms or based upon unproductive assumptions. A prime example explored here is the current heated debate about whether we should replace "the adversary structure" of American labor relations with a "cooperative model." In my view we do not face such a choice. Rather, workplace democracy and economic prosperity alike require new forms of work organization combining adversary and participatory assumptions, institutions and practices. The challenge is to link the two approaches in ways that enhance the virtues and minimize the …
Traditional Labor Law Scholarship & The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Traditional Labor Law Scholarship & The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Karl E. Klare
No abstract provided.
Power/Dressing: Regulation Of Employee Appearance, Karl E. Klare
Power/Dressing: Regulation Of Employee Appearance, Karl E. Klare
Karl E. Klare
This article is about the role of law in regulating personal appearance, particularly at work. With some exceptions, the law authorizes employers to determine the kinds of clothing people must, may, or may not wear on the job; which hair styles and other appearance practices are permitted and which are forbidden in the workplace; and whether to impose appearance or attractiveness standards as a condition of employment. This article concerns not only the content but the meaning of these legal rules: how they affect the people against whom they are enforced; what assumptions, fantasies, and prejudices they express; and which …
The Politics Of Duncan Kennedy's Critique, Karl E. Klare
The Politics Of Duncan Kennedy's Critique, Karl E. Klare
Karl E. Klare
No abstract provided.
Concluding Reflections: Legal Activism After Poverty Has Been Declared Unconstitutional, Karl E. Klare
Concluding Reflections: Legal Activism After Poverty Has Been Declared Unconstitutional, Karl E. Klare
Karl E. Klare
No abstract provided.
Legal Subsidiarity And Constitutional Rights: A Reply To Aj Van Der Walt, Karl E. Klare
Legal Subsidiarity And Constitutional Rights: A Reply To Aj Van Der Walt, Karl E. Klare
Karl E. Klare
In South African constitutional jurisprudence, “legal subsidiarity” is a theory of the appropriate relationship between and hierarchy among various sources of law, particularly the Constitution, statutes, and the common law. Core tenets of the theory are that courts should avoid making a constitutional decision if a matter can be decided on a non-constitutional basis; that courts should ordinarily defer to legislation; and that courts should avoid any tendency to proliferate separate tracks or sub-systems of law (e.g., courts should not create parallel causes-of-action or remedies respectively grounded, respectively, on the Constitution itself, legislation, and/or the common law). This article generally …
Transformative Constitutionalism And The Common And Customary Law, Karl Klare, Dennis M. Davis
Transformative Constitutionalism And The Common And Customary Law, Karl Klare, Dennis M. Davis
Karl E. Klare
A basic assumption of the Constitution, which finds expression in its ‘development clauses’ (ss 8(3) & 39(2)), is that South Africa cannot progress toward a society based on human dignity, equality, and freedom with a legal system that rigs a transformative constitutional superstructure onto a common and customary law base inherited from the past and indelibly stained by apartheid. We examine South African judges’ performance in implementing the development clauses through the lens of legal culture. A central concern is the potential of traditional South African legal culture to constrain the transformative project. South Africa has an advanced Constitution informed …