Document Type

Article

Publication Title

Yale Law Journal

Abstract

Some readers of my Article may take a certain comfort in the response of Professors Getman and Kohler, and its reaffirmation of the New Deal verities I have criticized. If my assumptions offend "reality," then it is unnecessary to confront their implications. Reexamination of first principles is always hard, and often unpleasant, especially if it entails a change in orientation or commitment. Better it is, if we can continue untroubled on our old course. Yet a closer look at Getman and Kohler's own work should be sufficient to dissipate any complacent support for the status quo. It should be apparent that Getman and Kohler present no hint of any theory, normative or positive, relevant to labor relations, or indeed to any other legal area. Nonetheless it takes a theory to beat a theory, so it is wholly insufficient for them to belittle the use of common law arguments without some explanation as to why these arguments are wrong or why they should be replaced.

First Page

1435

DOI

https://doi.org/10.2307/796181

Volume

92

Publication Date

1983

Download

Share

COinS