Libertarian Corporatism is Not an Oxymoron

25 Pages Posted: 26 Feb 2016 Last revised: 9 Sep 2016

Brishen Rogers

Temple University, James E. Beasley School of Law

Date Written: February 17, 2016

Abstract

This paper, for a symposium on constitutional law and inequality, proposes a new model of labor law termed "libertarian corporatism." Under this model, the state would strongly encourage or even mandate collective bargaining at the occupational or sectoral level (as corporatism requires), while leaving workers near-unfettered choice as to bargaining representatives, and removing certain core legal constraints on workers’ concerted action (as a principled libertarianism requires). This model may ensure both equality and employee choice better than our existing "Wagner Model." Libertarian corporatism may also be a promising power-dispersion strategy in other fields -- for example, it could help resolve conflicts over the use of user data by tech firms.

Suggested Citation

Rogers, Brishen, Libertarian Corporatism is Not an Oxymoron (February 17, 2016). Texas Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2016-20. Available at SSRN: https://ssrn.com/abstract=2737160

Brishen Rogers (Contact Author)

Temple University, James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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