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Articles 1 - 2 of 2
Full-Text Articles in Labor and Employment Law
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?
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …