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Social and Behavioral Sciences

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Selected Works

Selected Works

2012

Legislation

Articles 1 - 3 of 3

Full-Text Articles in Law

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg Oct 2012

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg

Ronald G. Ehrenberg

This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed, the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects of policy changes, and the existing empirical estimates of the likely magnitudes …


Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones Dec 2011

Drafting Proper Short Bill Titles: Do States Have The Answer?, Brian Christopher Jones

Brian Christopher Jones

No abstract provided.


Bad News For John Marshall, David B. Kopel, Gary Lawson Dec 2011

Bad News For John Marshall, David B. Kopel, Gary Lawson

David B Kopel

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.