Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Judicial Hostility Toward Labor Unions--Applying The Social Background Model To A Celebrated Concern , James J. Brudney, Sara Schiavoni, Deborah J. Merritt
Judicial Hostility Toward Labor Unions--Applying The Social Background Model To A Celebrated Concern , James J. Brudney, Sara Schiavoni, Deborah J. Merritt
Faculty Scholarship
Brudney, Schiavoni, and Merritt address an important debate dividing lawyers And political scientists: To what extent do extra doctrinal factors such as political party, gender, and professional experience influence judicial decision making? They analyze an area of law, decisions interpreting the National Labor Relations Act, that has long been characterized by assertions of Judicial bias. By including every federal court of appeals decision applying the Act over a seven year period, and controlling for both deference to the administrative agency and differences among issues arising under the Act, the authors are able to identify previously undetected influences on judicial decision …
Of Labor Law And Dissonance Colloquy, James J. Brudney
Of Labor Law And Dissonance Colloquy, James J. Brudney
Faculty Scholarship
What accounts for the dissonance between the meaning of our national labor law, as decreed primarily by federal judges, and the social and economic realities of workplace relationships addressed by that law? In his darkly eloquent commentary, Professor Getman acknowledges that such dissonance is not unique to the law governing labor-management relations. Yet the courts' often mistrustful approach toward employee rights under the National Labor Relations Act ( NLRA" or "Act") has had a special impact. The NLRA emerged at a time of social turbulence, and was based on a recognized need to redress the fundamental inequality of bargaining power …