Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (1)
- Anthropology (1)
- Antitrust and Trade Regulation (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
-
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Courts (1)
- History (1)
- Jurisprudence (1)
- Labor Relations (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Other Anthropology (1)
- Other Philosophy (1)
- Philosophy (1)
- Policy History, Theory, and Methods (1)
- Political History (1)
- Public Affairs, Public Policy and Public Administration (1)
- Social Policy (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee
A Signal Or A Silo? Title Vii's Unexpected Hegemony, Sophia Z. Lee
All Faculty Scholarship
Title VII’s domination of employment discrimination law today was not inevitable. Indeed, when Title VII was initially enacted, its supporters viewed it as weak and flawed. They first sought to strengthen and improve the law by disseminating equal employment enforcement throughout the federal government. Only in the late 1970s did they instead favor consolidating enforcement under Title VII. Yet to labor historians and legal scholars, Title VII’s triumphs came at a steep cost to unions. They write wistfully of an alternative regime that would have better harmonized antidiscrimination with labor law’s recognition of workers’ right to organize and bargain collectively …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …