It's Simple: Judges Don't Like Labor Unions
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Connecticutt Law Review, Vol. 30, pp. 1365-1370, 1998
In this essay, Professor Schatzki makes the argument that judges never have and never will embrace an active labor movement. Unfortunately for the labor movement, the life view of all or virtually all judges is inconsistent with, at least, the theoretical foundations for the labor movement and its most easily observed spoils of war, mandatory collective bargaining. Those foundations reflect two essential values: communitarianism and coercion. The members of the Supreme Court are among the least likely people in our society to understand and integrate the values of the labor movement. As a result, the Court will consistently decide 'close' cases involving the labor movement in a manner that is not satisfactory to it.
Number of Pages in PDF File: 6
Keywords: labor unions, labor movement, Supreme Court
Date posted: July 9, 2009
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