Labor Law: The Apex Decision and Its Effect on the Application of the Sherman Act to Activities of Labor Unions

1941 ◽  
Vol 39 (3) ◽  
pp. 462
Author(s):  
Philip W. Buchen
Keyword(s):  
Labor Unions ◽  
Labor Law ◽  
Sherman Act

scholarly journals An Institutional Logics Perspective on the Gig Economy

2018 ◽  
Author(s):  
Koen Frenken ◽  
Taneli Vaskelainen ◽  
Lea Fünfschilling ◽  
Laura Piscicelli
Keyword(s):  
Labor Unions ◽  
Self Regulation ◽  
Institutional Reform ◽  
Labor Law ◽  
Institutional Logics ◽  
Peer To Peer ◽  
The Self ◽  
Gig Economy ◽  
Institutional Challenges ◽  
Traditional Roles

We witness rising tensions between online gig-economy platforms, tax agencies, regulators and labor unions. In this paper, we use the framework of institutional logics as an analytical lens and scheme to understand the fundamental institutional challenges prompted by the advent of the online gig economy. We view gig-economy platforms as corporations that organize and self-regulate markets. In doing so, they span two parallel markets: the market for platforms competing to provide intermediation services and the market for the self-employed competing on platforms to provide peer-to-peer services. Self-regulation by platforms also weakens the traditional roles of the state. While the corporation and market logics empower the platform, they weaken self-employed suppliers as platforms' design constrain suppliers to grow into a fully-fledged business by limiting their entrepreneurial freedom. At the same time, current labor law generally does not classify suppliers as employees of the platform company, which limits the possibility to unionize. The current resolutions to this institutional misalignment are sought in "band aid solutions" at the level of sectors. Instead, as we argue, macro-institutional reform may be needed to re-institutionalize gig work into established institutional logics.

scholarly journals Judicial Marxism

2020 ◽  
Vol 8 (4) ◽  
pp. 527-535
Author(s):  
GABRIEL EIDELWEIN SILVEIRA ◽  
Denise Regina Quaresma da Silva ◽  
Paulo José Libardoni ◽  
Tamires Eidelwein
Keyword(s):  
Labor Unions ◽  
Political Ideology ◽  
Labor Law ◽  
Class Struggle ◽  
Student Movements ◽  
Labor Rights ◽  
The Political ◽  
Humanistic Education ◽  
Political Field ◽  
Legal Positivist

This article discusses the “judicial marxism”, which was characterized by the actuation of judges who have learned their ideology among student movements and labor unions. Brazilian Labor Justice was created in the 40s, but the true Labor Law charismatic founders were the hyper politicized generation of labor judges, stood out in the 80s and the 90s, when Marxist labor judges held their position, in the field, against the traditional view of a neutral and impartial judge in the Montesquieu style. It’s known that judges who are politically oriented to Marxism produce “garantist” discourses (in Ferrajoli´s sense) when they utter a speech in legal terms (in their opinions), referring to the fundamental labor rights doctrine – which is based on the concept of dignity of work. However, sometimes “labor garantism” and “Marxism” don’t coincide in attitudes of the same labor judges because it’s not necessary that garantist judges have both the humanistic education and the political initiation in their backgrounds. The truth is that Marxism and garantism can live together, once we recognize that the prior is a political and philosophical doctrine, effective only in the political field, but never into the legal field, while the later is a major philosophical theory especially applied to law issues. By the 2000s, elder Marxist judges were challenged by a younger generation of hyper technicist magistrates formed at the benches of the career preparatory courses. By asserting the autonomy of the juridical discourse, rather than the political ideology, these legal positivist judges (in Kelsen´s sense), so called “professional jurists”, partially delegitimized the judicial activism, particularly relevant in Brazilian Labor Courts. Nowadays, Judicial Marxism faces a crisis, losing space to pure garantist and legal positivist judges, although it still holds a formidable aura of legitimacy because it’s the only labor law tradition that deeply  justifies the “protective principle”, by assuming the class struggle theory as a main postulate.

scholarly journals Columbia University and Incarcerated Worker Labor Unions Under the National Labor Relations Act

2018 ◽  
Author(s):  
Kara Goad
Keyword(s):  
Labor Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Case Law ◽  
Administrative Law ◽  
Columbia University ◽  
National Labor Relations Act ◽  
National Labor Relations Board ◽  
Work Related ◽  
Law Library

Cornell Law Library Prize for Exemplary Student Research PapersKara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).

The Labor Clauses of the Clayton Act

1924 ◽  
Vol 18 (3) ◽  
pp. 489-512 ◽  
Author(s):  
Alpheus T. Mason
Keyword(s):  
United States ◽  
Labor Unions ◽  
Trade Union ◽  
The United States ◽  
Department Of Justice ◽  
New Era ◽  
Sherman Act ◽  
The Right ◽  
Trust Law ◽  
Restraint Of Trade

The Supreme Court's decision in the Danbury Hatters' case marked the beginning of a new era in trade-union activity, for laborers well realized that the Sherman act, as interpreted and applied by the court in that case, was a measure with which they would eventually have to reckon. The provision expressly declaring that equity courts may be resorted to in order to restrain violations of the act was an objection in itself, serious enough. But the statute held for laborers a much more vital concern: they also perceived that a strict construction of its provisions might even jeopardize the existence of the trade union itself. Laborers naturally felt very keenly even the suggestion that the Anti-Trust Act might be interpreted in such a manner as to deny to laborers the right to organize, and they undoubtedly believed, and not without a certain justification, that the dissolution of the trade union, as a combination in restraint of trade, would be the probable, if not the necessary, result of the court's decision in the Hatters' case.“Under the interpretation placed upon the Sherman Anti-Trust law by the courts,” Mr. Gompers averred, “it is within the province and within the power of any administration … to begin proceedings to dissolve any labor organization in the United States.” Labor unions exist only “at the suffrance of the Department of Justice.”

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