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42. Toward a Free-Market Union Law
- Author:
- Charles W. Baird
- Publication Date:
- 02-2010
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- F. A. Hayek and W. H. Hutt wrote extensively about the malign economic and social effects of the special privileges and immunities granted by governments to labor unions, but they wrote much less about what a free-market unionism might look like. They argued that all legislation that has conferred coercive powers on unions should be repealed, but they did not propose any specific free-market union legislation to take its place. Perhaps they thought that if all offending legislation were repealed there would be no need for any union-specific legislation. The common law of property, contract, and tort would suffice. Nevertheless, it is difficult in American politics to replace something with nothing. Therefore, I think it is useful, albeit constructivist, to propose a free-market alternative to the Norris- LaGuardia Act of 1932 (NLA) and the National Labor Relations Act of 1935 as amended in 1947 (NLRA). Perhaps the chief value of such a proposal is to make explicit what the ordinary law of property, contract and tort implies for the labor market and the role of unions therein. New Zealand's 1991 Employment Contracts Act (ECA) is a good, but imperfect, guide in this endeavor.
- Topic:
- Law
- Political Geography:
- America and New Zealand
43. The Making of Americans: Democracy and Our Schools
- Author:
- Neal McCluskey
- Publication Date:
- 02-2010
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Historian David Tyack breaks educational progressives into two types: pedagogical and administrative (Tyack 1974). The former are champions of “child-centered” instruction in the classroom, while the latter want centralized, government control of the schools.
- Topic:
- Education
- Political Geography:
- America
44. Editor's Note
- Author:
- James A. Dorn
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- This special issue of the Cato Journal was made possible by a generous grant from the Arthur N. Rupe Foundation. The question posed in this issue—Are Unions Good for America?—has both normative and positive aspects. Normatively, if one takes freedom as a fundamental principle, then compulsory unionism cannot be justified in a free society; it violates the rights of both workers and employers. Under current U.S. labor law, workers are often compelled to join unions and employers are compelled to negotiate "in good faith." Public sector unions are even more onerous than private sector unions; they limit consumer choices and impose heavy tax burdens.
- Political Geography:
- United States and America
45. Small Change: Money, Political Parties, and Campaign Finance Reform
- Author:
- R. Sam Garrett
- Publication Date:
- 10-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Ray La Raja has written one of the most provocative campaign finance books in recent memory. Small Change causes the reader to struggle with fundamental “truths” about money and politics, to revisit old questions, and to ask new ones. La Raja directly challenges prevailing scholarship—and popular wisdom—concerning the purposes and origins of campaign finance regulation and its effect on political parties. The dual focus on campaign finance and American political parties is arguably the book's greatest strength. (La Raja generally uses the term “regulation” broadly, although his focus is on major changes in law rather than on regulations, such as those issued by the Federal Election Commission. For expediency, this review also uses the term “regulation” to encompass both federal campaign finance law and agency regulations.)
- Political Geography:
- America
46. Friedman and Russia
- Author:
- Andrei Illarionov
- Publication Date:
- 01-2008
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- One day I asked Milton Friedman a question. That question was in my mind every time we met: “Could he have achieved the same status he did in America if he had lived in Russia—not only in terms of his research, but in shaping his outlook on life and in his under-standing of freedom?” Having kept silent for a moment, he answered: “no.”
- Topic:
- Economics
- Political Geography:
- Russia, United States, America, Europe, and Asia
47. The Collateral Source Rule: Statutory Reform and Special Interests
- Author:
- David Schap and Andrew Feeley
- Publication Date:
- 01-2008
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Paul Rubin (2005) has addressed the evolution of American tort law from a public choice perspective. In contrast to earlier work in law and economics, which generally regarded tort law norms as efficient (Landes and Posner 1987), Rubin relied on more recent work in the field (Epstein 1988, Rubin and Bailey 1994) that regards tort law as being shaped by the special interests of plaintiff and (perhaps to a somewhat lesser extent) defense attorneys. In addition, Rubin envisioned business interests' influence toward tort reform as enhancing efficiency. He ended his article with a call for additional empirical research on modern American tort law from the public choice perspective and indeed suggested a number of specific items and areas of possible fruitful research. The spirit of Rubin's anticipated research program, as well as many of his specific suggestions, can be applied to our survey research findings concerning statutory reform of the collateral source rule.
- Political Geography:
- America
48. Heads in the Sand: How Republicans Screw Up Foreign Policy and Foreign Policy Screws Up the Democrats by Matthew Yglesias
- Author:
- Brendan Rittenhouse Green
- Publication Date:
- 09-2008
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Credit where credit is due: At 229 pages, Matthew Yglesias has written the world's longest blog post. The first of a generation of journalists who came to prominence through their personal weblogs, Yglesias now blogs professionally for the Center for American Progress. Heads in the Sand has all the virtues and flaws of the medium Yglesias helped pioneer. It tends toward bite-sized arguments and pith over substance, which leaves some of the chapters with a stapled-together feel. Heads in the Sand gives the impression of a Web journal read straight through, with an extremely thin set of foot-notes substituting for links. Nevertheless, the book is by and large excellent. It is full of wit and erudition, stringing together a series of incisive arguments about politics and foreign policy.
- Topic:
- Foreign Policy and Politics
- Political Geography:
- America