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Dyaryo artikulo

Contract, Race, and Freedom of Labor in the Constitutional Law of "Involuntary Servitude"

Petsa

2017

May-akda

James

Gray Pope

Buod

The Supreme Court has yet to adopt and apply a standard for assessing labor
rights claims under the Involuntary Servitude Clause. This Article suggests that one may be found in the leading decision of Pollock v. Williams (1944), which contains the Court's most thorough discussion of the interpretive issues. Under Pollock, a claimed right should be protected if it is necessary to provide workers with the "power below" and employers the "incentive above" to prevent "a harsh overlordship or unwholesome conditions of work." Although this is not the only conceivable standard, it does fit well with the text, history, and case law of the Amendment. The absence of any racial element, which might appear dishonest in light of the fact that most of the leading cases involved workers of color, nevertheless corresponds to the Amendment's original meaning and appears to have important advantages from a doctrinal point of view. The Article discusses the legal and philosophical justifications of various labor rights in relation to the Pollock standard, including the right to quit, the right to change employers, the right to name the wages for which one is willing to work, and the right to strike.

Journal title

The Yale Law Journal

Page numbers

1474-1565

Editor

HeinOnline

Kalakip

Geographical kaugnayan

Canada, Estados Unidos, Ontario, Alberta, Manitoba, Quebec, British Columbia, Iba pang mga Lalawigan, Pederal, Nova Scotia, and National relevance

Wika

Ingles