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Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman Jan 1992

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman

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The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of ...