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Full-Text Articles in Law

Liberty, Liberalism And Neutrality: Labor Preemption And First Amendment Values, Harry G. Hutchison Oct 2008

Liberty, Liberalism And Neutrality: Labor Preemption And First Amendment Values, Harry G. Hutchison

Harry G. Hutchison

In Chamber of Commerce et al v. Edmund G. Brown, the Supreme Court offers one theory of judicial invalidation that protects employers’ freedom of speech claims and reinvigorates federal preemption doctrine within the meaning of the National Labor Relations Act (NLRA). Prescinding from an architectonic conception of freedom of speech that is supported forcefully and explicitly by the First Amendment, the Court relies on preemption doctrine to invalidate two provisions of a California statute because the enactment constitutes regulation, which intrudes into a zone that is protected and reserved for market freedom. The Court properly upholds its previous stance permitting …


What Workers Want Or What Labor Experts Want Them To Want?, Harry G. Hutchison Apr 2008

What Workers Want Or What Labor Experts Want Them To Want?, Harry G. Hutchison

Harry G. Hutchison

Richard B. Freeman & Joel Rodgers, offer an important addition to the industrial relations literature. This work is grounded in survey methodology. The authors’ original thesis, premised on the Worker Representation and Participation Study (WRPS) which Freeman & Rogers designed more than ten years ago, concludes that there is “a large gap between the kind and extent of representation and participation workers had and what they desired.” The updated edition of their book, “What Workers Want,” does not present new or innovative polling or original empirical research directed by the authors. Instead, much of the new data cited comes from …


Work, The Social Question, Progress And The Common Good?, Harry G. Hutchison Jan 2008

Work, The Social Question, Progress And The Common Good?, Harry G. Hutchison

Harry G. Hutchison

In Recovering Self-Evident Truths: Catholic Perspectives on American Law, editors Michael A. Scaperlanda and Teresa Stanton Collett offer a collection of essays that revive the connections between faith and reason and between truth and hope as the foundation for progress. Given the importance of papal encyclicals, work, and the increasing demands of the regulatory state, this article concentrates on three central and related themes that surface throughout the book: the difficulty, in America’s current epoch, of acknowledging any shared truths, the question of labor and employment policy in a pluralistic society, and the relative balance needed between state intervention on …