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11 - The Law of the Workplace

from Part III - Judicial Policymaking and the Modern State

Published online by Cambridge University Press:  18 April 2019

By
Paul Frymer
Edited by
Rosann Greenspan ,
Hadar Aviram  and
Jonathan Simon
Rosann Greenspan
Affiliation:
University of California, Berkeley
Hadar Aviram
Affiliation:
University of California, Hastings College of the Law
Jonathan Simon
Affiliation:
University of California, Berkeley
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Summary

Because of the fragmented and piecemeal development of federal labor policy in the United States, US courts have had many places of entry to participate in workplace regulation. This is, at least in part, ironic. The initial ambition of Progressive Era legislators and activists to develop a federal labor policy in the late nineteenth and early twentieth century was to counter the ongoing activism of the Lochner era judges who were striking down federal and state statutes in order to defend a more unbridled capitalist economy. Both the federal government and a majority of state governments responded by passing labor and workplace statutes designed to check courtroom intervention and substitute regulation, administration, and arbitration over litigation. During the 1930s, the efforts of legislators to overcome judicial activism restricting labor rights reached an apex.

Type
Chapter
Information
The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley
 , pp. 215 - 229
Publisher: Cambridge University Press
Print publication year: 2019

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