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Articles 1 - 3 of 3
Full-Text Articles in Law
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Articles
Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
A Touchstone For Labor Board Remedies, Theodore J. St. Antoine
Articles
Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …
The Rational Regulation Of Union Restrictive Practices, Theodore J. St. Antoine
The Rational Regulation Of Union Restrictive Practices, Theodore J. St. Antoine
Book Chapters
Power begets regulation. As union strength grew during recent decades, the federal laissez-faire policy of Norris-LaGuardia and the original Wagner Act gave way to increasingly tighter controls under Taft-Hartley and Landrum-Griffin. Considering the favored position of economic efficiency in our national ethos, it is not surprising that a significant portion of the new controls were directed at union practices which were thought to impede the fullest utilization of employers' productive resources. From time to time, however, thoughtful observers have questioned whether our legal regulation of union activity was properly attuned to the actual needs and economic power of labor and …