Re: Re: Re: Re: Mommy, what's a corporation?
Title: Re: [PEN-L:23072] Re: Re: Re: Mommy, what's a corporat Btw, the last time I talked to Richard, he suggested the following piece ought to be looked at by all troublemakers who can get their hands on it: ARTICLE The Thirteenth Amendment Versus the Commerce Clause: Labor and the Shaping of American Constitutional Law, 1921-1957 James Gray Pope Vol. 102 · January 2002 · No. 1 http://www.columbialawreview.org/ thanks, Ian, this seems to be a very interesting analysis indeed. ARTICLE 102 Colum. L. Rev. 1 (2002) The Thirteenth Amendment Versus the Commerce Clause: Labor and the Shaping of American Constitutional Law, 1921-1957 James Gray Pope During the twentieth century, Congress's power to regulate commerce grew sensationally while its human rights powers atrophied. The author traces this phenomenon back to the choice, made by lawyers and politicians in the early 1930s, to base labor rights statutes like the Wagner Act on the Commerce Clause instead of the Thirteenth Amendment. Unions and workers argued that the rights to organize and strike made the difference between freedom and involuntary servitude. But a bevy of progressive lawyers who styled themselves "friends of labor" undermined labor's Thirteenth Amendment theory. The author argues that this clash reflected not merely tactical differences among allies, but fundamentally conflicting constitutional goals. He contends that the Supreme Court upheld the Wagner Act not because of the lawyers' Commerce Clause arguments, but because workers staged a series of sit-down strikes that confronted the swing justices with a choice between industrial peace or war. Afterward, unions and workers interpreted the Wagner Act decisions as victories for labor freedom, but the Act's Commerce Clause foundation pointed in a different direction-one leading to fateful distortions in the jurisprudence of congressional powers. We apologize, but the full text PDF of this article is currently unavailable.
Re: Re: Re: Mommy, what's a corporation?
- Original Message - From: "Eugene Coyle" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Friday, February 22, 2002 9:55 AM Subject: [PEN-L:23068] Re: Re: Mommy, what's a corporation? > The POCLAD movement is slowly building, based on the long-term strategy of > Richard Grossman. > > To me it is the most appealing campaign for democracy within capitalism. > Everything else, including most of what I do, isn't so promising. Btw, the last time I talked to Richard, he suggested the following piece ought to be looked at by all troublemakers who can get their hands on it: ARTICLE The Thirteenth Amendment Versus the Commerce Clause: Labor and the Shaping of American Constitutional Law, 1921-1957 James Gray Pope Vol. 102 · January 2002 · No. 1 http://www.columbialawreview.org/
Re: Re: Re: Mommy, what's a corporation?
- Original Message - From: "Eugene Coyle" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Friday, February 22, 2002 9:55 AM Subject: [PEN-L:23068] Re: Re: Mommy, what's a corporation? > The POCLAD movement is slowly building, based on the long-term strategy of > Richard Grossman. > > To me it is the most appealing campaign for democracy within capitalism. > Everything else, including most of what I do, isn't so promising. > > The POCLAD book which Michael mentions is DEFYING CORPORATIONS, DEFINING > DEMOCRACY is interesting. Subtitled " A Book of History & Strategy" it is a > book of readings, with the usual strengths and weaknesses of that. > > For California Pen-Lers, Grossman will be in California in early March. > > Gene Coyle > = Richard is one of the few people in the world who owns the entire collection of Morris Cohen's legal writings as well as lots of stuff by other legal realists. He's also a big fan of Morton Horwitz' writings. I also think there's not much in, say, David Schweickart's 'Against Capitalism' that he'd disagree with in terms of the relations between markets and governance issues. Other members of POCLAD like the appeal of Mondragon -with it's strengths, acknowledging the weaknesses- but their strategy is to first open a public discussion regarding the legal history of US capitalism so as to respect limited government with greater civic participation in economic affairs in order to attenuate class conflict. They respect economies of scale and aren't of afraid of bigness as long as it doesn't lead to institutional rigidity and unaccountability. My guess is that if the discussion in the US reached a level that Richard and the others hope for, the signifiers of 'capitalism' and 'private property' would mutate into something a bit more complex. They'll tell you we have to come up with the answers --the cookbooks if you will-- together. Ian
Re: Re: Mommy, what's a corporation?
The POCLAD movement is slowly building, based on the long-term strategy of Richard Grossman. To me it is the most appealing campaign for democracy within capitalism. Everything else, including most of what I do, isn't so promising. The POCLAD book which Michael mentions is DEFYING CORPORATIONS, DEFINING DEMOCRACY is interesting. Subtitled " A Book of History & Strategy" it is a book of readings, with the usual strengths and weaknesses of that. For California Pen-Lers, Grossman will be in California in early March. Gene Coyle Michael Perelman wrote: > The woman who did the index for my book was a friend of the editor of the > Poclad book. She put us in touch for a bit. > -- > Michael Perelman > Economics Department > California State University > Chico, CA 95929 > > Tel. 530-898-5321 > E-Mail [EMAIL PROTECTED]
Re: Mommy, what's a corporation?
The woman who did the index for my book was a friend of the editor of the Poclad book. She put us in touch for a bit. -- Michael Perelman Economics Department California State University Chico, CA 95929 Tel. 530-898-5321 E-Mail [EMAIL PROTECTED]
