Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Texas Law Review (2)
- Collective bargaining (1)
- Columbia Journal of European Law (1)
- Constitutional labor right (1)
- Constitutional language (1)
-
- Democracy (1)
- Deunionization (1)
- Domestic Workers Alliance (1)
- Economic justice movement (1)
- Economic restructuring (1)
- Employment standard (1)
- European Competition Law (1)
- Fight for $15 (1)
- Law (1)
- Market economies (1)
- Minimum fees (1)
- National Labor Relations Act (NLRA) (1)
- Political movements (1)
- Political systems and government (1)
- Social bargaining (1)
- The New Deal (1)
- Worksite representation (1)
- Yale Law Journal (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy
Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy
Faculty Scholarship
Fishkin and Forbath’s (F&F’s) manuscript is a project of recovery. It portrays the present as a time marked by a “Great Forgetting” of a tradition of constitutional political economy. F&F name what has been forgotten the “democracy of opportunity” tradition. Recovering it would mean again treating the following three principles as linked elements at the core of our Constitution: (1) an anti-oligarchy principle that works to prevent wealth from producing grossly unequal political power; (2) a commitment to a broad middle class with secure, respected work; and (3) a principle of inclusion that opens participation in both citizenship and the …
The New Labor Law, Kate Andrias
The New Labor Law, Kate Andrias
Faculty Scholarship
Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …
Building Labor's Constitution, Kate Andrias
Building Labor's Constitution, Kate Andrias
Faculty Scholarship
This essay begins with a puzzle: scholars have built a robust set of constitutional claims about labor rights, claims with deep roots in the labor movement’s own past struggles and its own traditions of constitutional claim-making. Yet, workers’ movements today have made no use of these claims, Andrias reports. The reason, she suggests, has to do with the deep mutual hostility between workers’ movements and the courts. If past were prologue, workers could at least use such arguments outside the courts, but, she argues, “in our [contemporary] legal culture, constitutional arguments are primarily judicial arguments,” and have a way of …
Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg
Minimum Fees For The Self-Employed: A European Response To The "Uber-Ized" Economy?, Eva Grosheide, Mark Barenberg
Faculty Scholarship
In advanced market economies in Europe and North America, a large and growing percentage of the workforce is self-employed. This group earns a contractual fee from clients, rather than a wage or salary from employers, one form of the so-called "Uberization" of the labor market. Through an analysis of the Court of Justice of the European Union's (CJEU) rulings, this Article explores whether minimum fees for the self-employed could be implemented without infringing European Union (EU) competition law. In particular, it lays out four possible legal mechanisms – what the paper dubs "U-turns" – that swerve around the social harms …