The Yale Law Journal

Kate Andrias

Article

Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality

Kate Andrias & Benjamin I. Sachs

This Article proposes an innovative approach to addressing political inequality: using law to facilitate organizing by the poor and working class – as workers, tenants, debtors, and welfare beneficiaries. The Article offers a new direction for the literature on political inequality and critical less…

Article

An American Approach to Social Democracy: The Forgotten Promise of the Fair Labor Standards Act

Kate Andrias

This Article recovers an institutional experiment in the early history of the Fair Labor Standards Act as an example of democratic and egalitarian administrative law. The Act’s wage boards, the Article suggests, offer an alternative, participatory vision of governance in today’s age of growing polit…

Article

The New Labor Law

Kate Andrias

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining am…

Note

A Robust Public Debate: Realizing Free Speech in Workplace Representation Elections

Kate E. Andrias

112 Yale L.J. 2415 (2003)

The First Amendment stands as a guarantor of political freedom and as the "guardian of our democracy." It seeks to expand the vitality of public discourse in order to enable Americans to become aware of the issues before them and to pursue their ends fully and freely. As t…