The Enduring Ambiguities of Antitrust Liability for Worker Collec_2
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: The Enduring Ambiguities of Antitrust Liability for Worker Collec_2
The Enduring Ambiguities of Antitrust Liability for Worker Collec_2
Loyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2ctive ActionSanjukta M. PaulFollow this and additional works at: https://lawecommonsluc.edu/lucljCf Part of the Law CommonsRecommended CitationSanjukta M Paul, The Enduring Ambiguities of Antitrust Liability for Worker Collective Action. 47 Loy. u Chi. L. J. 969 0-Available at: https://lawecommons.l The Enduring Ambiguities of Antitrust Liability for Worker Collec_2uc edu/luclj/vol47/is$3/8This Article Is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola UniversThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
ity Chicago Lav/ Journal by an authorized editor of LAW eCommons. For more information, please contact law-1ibrary^luc edu.The Enduring Ambiguities ofLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2-wage workers who are classified as independent contractors, and who therefore presumptively do not receive the benefit of the labor exemption from antitrust law. Such workers find themselves in rhe position of most workers prior to the New Deal: at once lacking labor protections, yet exposed to ant The Enduring Ambiguities of Antitrust Liability for Worker Collec_2itrust liability for organizing to improve their conditions. Ỉ argue that this default ride is the legacy of a problematic history that is taken for gThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
ranted by the contemporary antitrust framework.In Part ĩ, Ĩ show that the threat of antitrust liability is a powerful constraint upon contemporary indLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2y to worker collective action to the time before the labor exemption, arguing that pre-New Deal courts imported fundamentally hierarchical and coercive tenets from the common-law tradition into the fledgling antitrust law in order to apply it to contain worker organizing, thereby creating tensions w The Enduring Ambiguities of Antitrust Liability for Worker Collec_2ith then-own freedom of contract principles. In Part 111. 1 show how the legal framework of the labor exemption reinforced the underlying assumption tThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
hat antitrust regulates worker collective action, even as it immunized most workers from such liability (so long as they continued to be* David .1. EpLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2lia Tomassetti’s comments on an earlier draft were also especially pivotal. I am gratefill too to Scott Cummings, William Forbath. John Howe. Ethan Leib. Shae McCrystal. and Suicsh Naidu for then insightful thoughts and comments at various points. This Article has also benefitted from audience comme The Enduring Ambiguities of Antitrust Liability for Worker Collec_2nts at the Labour Law Research Network conference (University of Amsterdam), the Law Society conference, the class Crits conference (UC-Davis). and thThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
e Eighth Annual Colloquium on Scholarship in Labor & Employment Law (ƯNLV). 1 thank Garth Bostic for his able research assistance. Linda Kan O'Connor Loyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2n Barnett, as well as the other editors of the Loyola University Chicago Law Journal, whose thoughtfill care and attention to this Article has improved it greatly.969970Loyola University Chicago Law Journal [Vol. 47considered employees). In Part IV, I argue that the modern framework for antitrust do The Enduring Ambiguities of Antitrust Liability for Worker Collec_2es not compel the continued application of this default ride, and indeed supplies materials for a fresh, more balanced reconsideration of it.UltimatelThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
y, the situation of these workers is a test of what antitrust fundamentally says about labor, absent a specific exemption. Because that exemption is cLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2 reform our current framework of labor regulation—in the same way that it was the baseline for those conversations prior to the New Deal itself In particular, antitrust functions as an outer limit for any such reform, and also for specific policy proposals to address the increasing prevalence of wor The Enduring Ambiguities of Antitrust Liability for Worker Collec_2king relationships outside the bounds of employment.Introduction.....................................................971I.Till. Impact oi Antitrust onThe Enduring Ambiguities of Antitrust Liability for Worker Collec_2
Con temporary IndependentContractor Workers...........................................976J. The Struggle for Decent Work and Decent Pay- asPrice-FixiLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker Collec The Enduring Ambiguities of Antitrust Liability for Worker Collec_2.................z........ 919 c. Universe of Potential Defendants..........................984D. intersection with Work Law................................986II.Of Markets, Combinations, and Servants: 1 low ANTITRUSTLaw Came to Punish Worker Collective Action..................990A.Classicist Trade The Enduring Ambiguities of Antitrust Liability for Worker Collec_2Regulation and Nineteenth-Century LaborRegulation...............................................9911.Classicist Trade Regulation......................The Enduring Ambiguities of Antitrust Liability for Worker Collec_2
....9932.Labor Regulation in the Gilded Age...................995B.The Sherman Act and Ils Relationship to Labor............997Loyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker CollecLoyola University Chicago Law JournalVolume 47ArtiHoflIssue 3 Spring 2016Anic,e 02016The Enduring Ambiguities of Antitrust Liability for Worker CollecGọi ngay
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