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Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Other Publications
It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …
Labor, Theodore J. St. Antoine
Labor, Theodore J. St. Antoine
Book Chapters
Labor relations present three principal kinds of constitutional issues. First, to what extent does the first amendment protect employees’ efforts to organize labor unions and solicit support, and to what extent does it limit the power of unions over their members? Second, how does the doctrine of federal preemption restrict the states in regulating union and management activities? Third, what due process guarantees may employers and employees invoke in response to federal and state laws establishing new substantive rules and remedies in employment? Although the Supreme Court has never squarely?