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Articles 1 - 3 of 3
Full-Text Articles in Law
The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab
The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab
Stewart J Schwab
No abstract provided.
Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab
Predicting The Future Of Employment Law: Reflecting Or Refracting Market Forces?, Stewart J. Schwab
Stewart J Schwab
In this Article I predict how employment law will change in the future. My task is positive rather than normative. I will not argue that the developments I foresee are good ones to be applauded. Rather, they arise "inevitably" from the way the law will react to changes in labor markets. Of course, as Professor Ronald Dworkin emphasizes, in developing a theory of law one cannot sharply distinguish between the positive and normative. Dworkin points out that even in describing the current legal framework, one must choose what to highlight and what to ignore, a process based on values. When …
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Stewart J Schwab
In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …