Values and Assumptions in American Labor Law

by James B. Atleson

Overview

Chosen as a Lawyer's Literary Club Selection, this book looks behind stated legal rules and doctrines in the field of labor law to clearly formulate the often hidden values and assumptions that motivate those who make labor law decisions. The author demonstrates that the "received wisdom" in labor law, which is that decisions are based on analyses of the rational implications of statutory policy, language, or legislative history, fails to account for the actual history of decision-making, particularly the interpretation of the Wagner Act of 1935 that established collective bargaining and the National Labor Relations Board. Through close interpretation, Atleson shows the legal decisions that have been reached are better explained by such factors as notional of inherent property rights, the need for capital mobility, and the interest in continued productivity.

Product Details

ISBN-13:	9780870233906
Publisher:	University of Massachusetts Press
Publication date:	11/21/1983
Edition description:	First Edition
Pages:	256
Product dimensions:	(w) x (h) x 0.60(d)
Age Range:	18 Years

About the Author

James B. Atleson received his J.D. from Ohio State University School of Law and his LL.M. from Stanford Law School. His articles have appeared in such publications as Ohio State Law Journal, Buffalo Law Review, Minnesota Law Review, University of California Law Review, and Georgetown Law Journal. Co-author of Collective Bargaining in Private Employment, he is professor of law at the State University of New York, Buffalo.

What People are Saying About This

Karl E. Klare

Atleson takes a fresh, synthetic look at the whole field of labor law. This almost never happens in legal scholarship. His book will be widely read by labor lawyers and law students. Not comparable work exists. It is well written, informative, and the product of scrupulous scholarship. Because of its originality and accessibility, this book will be widely read outside the legal community.... It will be of interest to all who are concerned with labor history and the current crisis of the labor movement. Because of its methodological and philosophical implications, the book should and will be read by many people concerned with the difficult questions of the legitimacy of judicial power in a democratic society.

Editorial Reviews

"Atleson takes a fresh, synthetic look at the whole field of labor law. This almost never happens in legal scholarship. His book will be widely read by labor lawyers and law students. Not comparable work exists. It is well written, informative, and the product of scrupulous scholarship. Because of its originality and accessibility, this book will be widely read outside the legal community. . . . It will be of interest to all who are concerned with labor history and the current crisis of the labor movement. Because of its methodological and philosophical implications, the book should and will be read by many people concerned with the difficult questions of the legitimacy of judicial power in a democratic society."—Karl E. Klare, Northeastern University School of Law

"A very interesting book of genuine value to scholars seeking a greater understanding of organized labor and the electoral system. . . . Theoretically interesting, analytically crisp, and well written."—Richard L. Rubin, American Political Science Review

From the Publisher

A very interesting book of genuine value to scholars seeking a greater understanding of organized labor and the electoral system.... Theoretically interesting, analytically crisp, and well written.

American Political Science Review - Richard L. Rubin