Showing papers by "Cass R. Sunstein published in 1984"

Rights, Minimal Terms, and Solidarity: A Comment

Abstract: Labor-law theory is enjoying a kind of intellectual rebirth. Academic lawyers are exploring the underlying premises of contemporary labor legislation, its actual effects, and the possibility of using alternative premises to develop new ways to order labormanagement relations.' Professor Fried's paper2 is a valuable contribution to this continuing enterprise. It points out an important weakness in recent efforts to justify returning to a common law system of labor law,3 and it contains a useful analysis of the goals of labor law and the functions of the Wagner Act. Moreover, Fried's basic proposal-a market system supplemented with minimal terms-raises interesting issues. In this comment, I use Fried's analysis as the basis for a general discussion of labor-law theory. Two aspects of Fried's approach are of special interest. The first is his identification of the various goals of labor law.4 The second is his proposal to replace the current system with a market arrangement supplemented by government imposition of minimal terms.5 I conclude that both