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  • Paul Moreno (a1)
  • DOI:
  • Published online: 01 June 2008

Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power (1930–47), organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current (private-sector) decline back to historically normal levels. This article provides a synoptic overview and reinterpretation of the development of American labor law.

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Leon Fink , “Labor, Liberty, and the Law: Trade Unionism and the Problem of the American Constitutional Order,” Journal of American History 74 (1987): 904–25

John Minor Wisdom , “Rethinking Injunctions,” Yale Law Journal 89 (1980): 826

Catherine Fisk , “Still ‘Learning Something of Legislation’: The Judiciary in the History of Labor Law,” Law and Social Inquiry 19 (1994): 166

Jay M. Feinman , “The Development of the Employment at Will Rule,” American Journal of Legal History 20 (1976): 124

John T. Nockleby , “Two Theories of Competition in the Early Nineteenth Century Labor Cases,” American Journal of Legal History 38 (1994): 471

B. W. Poulson , “Criminal Conspiracy, Injunctions, and Damage Suits in Labor Law,” Journal of Legal History 7 (1986): 215

Walter Nelles , “Commonwealth v. Hunt,” Columbia Law Review 32 (1932): 1128–70

Herbert Hovenkamp , “The Political Economy of Substantive Due Process,” Stanford Law Review 40 (1988): 420

Robert L. Hale , “Coercion and Distribution in a Supposedly Non-Coercive State,” Political Science Quarterly 38 (1923): 470

Charles Warren , “A Bulwark to the State Police Power—The United States Supreme Court,” and “The Progressivism of the United States Supreme Court,” Columbia Law Review 13 (1913): 294, 667

Michael Les Benedict , “Laissez-Faire and Liberty: A Re-Evaluation of the Meaning and Origins of Laissez-Faire Constitutionalism,” Law and History Review 3 (1985): 293

Richard Posner , “Some Economics of Labor Law,” University of Chicago Law Review 51 (1984): 992

Morgan O. Reynolds , “The Myth of Labor's Inequality of Bargaining Power,” Journal of Labor Research 12 (1991): 167

Thomas W. Hazlett , “The Legislative History of the Sherman Act Re-Examined,” Economic Inquiry 30 (1992): 263

Ken I. Kersch , “The Gompers v. Buck's Stove Saga: A Constitutional Case Study in Dialogue, Resistance, and the Freedom of Speech,” Journal of Supreme Court History 31 (2006): 2857

Daniel R. Ernst , “The Yellow-Dog Contract and Liberal Reform, 1917–1932,” Labor History 30 [1989]: 261

Mark Barenberg , “The Political Economy of the Wagner Act: Power, Symbol, and Workplace Cooperation,” Harvard Law Review 106 (1993): 1401–2, 1436–37

James Pope , “Worker Lawmaking, Sit-Down Strikes, and the Shaping of American Industrial Relations, 1935–1938,” Law and History Review 24 (2006): 45

William E. Forbath , “The New Deal Constitution in Exile,” Duke Law Journal 51 (2001): 179

Bernard D. Meltzer , “Labor Unions, Collective Bargaining, and the Antitrust Laws,” Journal of Law and Economics 6 (1963): 158–60

Ralph K. Winter , “Collective Bargaining and Competition: The Application of Antitrust Standards to Union Activities,” Yale Law Journal 73 (1963): 16

Charles W. Baird , “Right to Work Before and After 14(b),” Journal of Labor Research 19 (1998): 471–93

Pound's early progressivism can be seen in his essayLiberty of Contract,” Yale Law Journal 18 (1909): 454–87

David M. Rabban , “Has the N.L.R.A. Hurt Labor?University of Chicago Law Review 54 (1987): 407

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Social Philosophy and Policy
  • ISSN: 0265-0525
  • EISSN: 1471-6437
  • URL: /core/journals/social-philosophy-and-policy
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