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Full-Text Articles in Law
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare
Karl E. Klare
This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the …
The Quest For Industrial Democracy And The Struggle Against Racism: Perspectives From Labor Law And Civil Rights Law, Karl E. Klare
The Quest For Industrial Democracy And The Struggle Against Racism: Perspectives From Labor Law And Civil Rights Law, Karl E. Klare
Karl E. Klare
This Article is occasioned by the state of crisis which the labor and civil rights movements have simultaneously entered. It attempts to develop new ways of understanding the historical origins of the present crises. My purpose is to contribute to the discussion of class and race in American life by exploring a series of parallels, convergences, and connections between labor law and civil rights law. The particular focus of the Article is on certain limitations of collective bargaining law and an instrument for achieving democracy in the workplace and upon certain limitations of civil rights law as a process for …
Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare
Management Prerogatives, Plant Closings, And The Nlra: A Response, Karl E. Klare
Karl E. Klare
No abstract provided.
The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare
The Labor-Management Cooperation Debate: A Workplace Democracy Perspective, Karl E. Klare
Karl E. Klare
Much contemporary debate in the field of industrial relations focuses on the wrong questions. Discussion is often framed in misleading terms or based upon unproductive assumptions. A prime example explored here is the current heated debate about whether we should replace "the adversary structure" of American labor relations with a "cooperative model." In my view we do not face such a choice. Rather, workplace democracy and economic prosperity alike require new forms of work organization combining adversary and participatory assumptions, institutions and practices. The challenge is to link the two approaches in ways that enhance the virtues and minimize the …
Traditional Labor Law Scholarship & The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Traditional Labor Law Scholarship & The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Karl E. Klare
No abstract provided.
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl Klare
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl Klare
Karl E. Klare
No abstract provided.