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Articles 1 - 10 of 10
Full-Text Articles in Labor and Employment Law
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Alan J. Meese
The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo
Pepperdine Law Review
Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …
The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp
The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay considers the use of antitrust’s rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O’Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the “amateur” status of collegiate athletes. Within that rubric, the Ninth Circuit got the right answer.
That outcome leads to a broader question, however: should the NCAA’s long held goal, frequently supported by the courts, of preserving athletic amateurism be jettisoned? Given the dual role that colleges play, that is a complex question, raising …
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese
Faculty Publications
The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Antitrust And Employer Restraints In Labor Markets, Robert H. Jerry Ii
Faculty Publications
This Article argues that the Sherman Act regulates concerted employer activity in the labor market only if such activity restrains or attempts to restrain the product market. After discussing the legislative history of the Act, the Article examines and synthesizes two conflicting lines of cases. Finally, the Article suggests how courts should dispose of challenges to employer conduct and posits the basis for a unified theory of labor-antitrust law.
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Secondary Boycott: From Antitrust To Labor Relations, Theodore J. St. Antoine
Articles
The ethos of the labor movement cuts against the American grain at several points. Our national instinct, reflected in many statutes and much judge-made law, is to exalt the rugged individualist over the anonymous group, to favor wide-open competition rather than a controlled market, and to prize the right of each person to remain aloof from the quarrels and concerns of his neighbors. It is not for nothing that our most universal folk hero is the frontiersman, who proudly stands alone and self-sufficient. Yet the ordinary workingman does not have the capacity to assume that heroic stance. For him strength …
Antitrust And Labor, Russell A. Smith
Antitrust And Labor, Russell A. Smith
Michigan Law Review
The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Michigan Law Review
In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.