The Yale Law Journal

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Reactions to Kate Andrias, The New Labor Law

24 Apr 2017

This collection is a response to Kate Andrias’s Article in Issue 1 entitled The New Labor Law.


The ‘New’ Labor Regime

Marion Crain & Kenneth Matheny

In The New Labor Law, Professor Kate Andrias describes a labor regime founded upon politicized social bargaining emerging from the wreckage of the National Labor Relations Act (NLRA). This regime rejects (for the most part) the NLRA’s employer-employee dyad model of private ordering through worksite…


Nothing New Under the Sun: “The New Labor Law” Must Still Grapple With the Traditional Challenges of Firm-Based Organizing and Building Self-Sustainable Worker Organizations

Matthew Ginsburg

There’s no avoiding Walmart, Toyota, Amazon, T-Mobile, and Federal Express. The greatest concentration of unorganized workers in the United States is still employed at these and similar large multinational corporations. Helping these workers form unions is essential for the labor movement not only t…


Fighting for the Common Good: How Low-Wage Workers’ Identities Are Shaping Labor Law

Kimberly M. Sánchez Ocasio & Leo Gertner

Social movements led by workers in low-wage industries, from fast food to car washes to nursing homes, have upended the public narrative of who poor workers are and what they deserve both at work and at home. By doing so, these movements have won victories that were once considered “unrealistic” and…