First published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights.
Table of Contents
Part 1 The Constitutionality and Purpose of the Federal Labor Laws; Chapter 1 National Labor Relations Board v. Jones & Laughlin Steel Corp.*No. 419, National Labor Relations Board v. Jones & Laughlin Steel Corp.; Nos. 420 and 421, National Labor Relations Board v. Fruehauf Trailer Co., post, p. 49; Nos. 422 and 423, National Labor Relations Board v. Friedman-Harry Marks Clothing Co., post, p. 58; No. 365, Associated Press v. National Labor Relations Board, post, p. 103; and No. 469, Washington, Virginia & Maryland Coach Co. v. National Labor Relations Board, post, p. 142, which are known as the “Labor Board Cases,” were disposed of in five separate opinions. The dissenting opinion, post, p. 76, applies to Nos. 419, 420 and 421, and 422 and 423. The dissenting opinion, post, p. 133, applies to No. 365. The opinion in No. 469 was unanimous.; Chapter 2 A Common Law for Labor Relations: A Critique of the New Deal Labor Legislation, Richard A. Epstein; Chapter 3 The Common Law, Labor Law, and Reality: A Response to Professor Epstein, Julius G. Getma, Thomas C. Kohler; Part 2 Labor and Religion; Chapter 4 National Labor Relations Board v. Catholic Bishop of Chicago et al.; Chapter 5 Trans World Airlines, Inc. v. Hardison et al.; Chapter 6 Government Regulation of Religion Through Labor and Employment Discrimination Laws*This Article is based on an address delivered at the “Seventh Annual National Conference on Labor and Employment Law: Critical Issues for 1992” held January 30–31, 1992 at Clearwater, Florida. This conference was presented by the Stetson University College of Law Center for Dispute Resolution., David L. Gregory; Part 3 Labor and Speech; Chapter 7 Communications Workers of America et al. v. Beck et al.; Chapter 8 Waters et al. v. Churchill et al.; Chapter 9 Free Speech and Due Process in the Workplace, Cynthia L. Estlund;
David L. Gregory St. John’s University