Browsing Harvard Law School by Author "Sachs, Benjamin"

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    • Despite Preemption: Making Labor Law in Cities and States 

      Sachs, Benjamin Ian (Harvard University, Harvard Law School, 2011)
      The preemption regime grounded in the National Labor Relations Act (NLRA) is understood to preclude state and local innovation in the field of labor law. Yet preemption doctrine has not put an end to state and local labor ...

    • Employment Law as Labor Law 

      Sachs, Benjamin Ian (2008)
      Seventy years after Congress passed the National Labor Relations Act (NLRA), the scholarly consensus is that American labor law has become ossified. As I have argued elsewhere, however, while the NLRA is undoubtedly ...

    • Enabling Employee Choice: A Structural Approach to the Rules of Union Organizing 

      Sachs, Benjamin Ian (Harvard University, Harvard Law School, 2010)
      The proposed Employee Free Choice Act (EFCA) has led to fierce debate over how best to ensure employees a choice on the question of unionization. The debate goes to the core of our federal system of labor law. Each of the ...

    • Labor Law Renewal 

      Sachs, Benjamin Ian (Harvard University, Harvard Law School, 2007)
      This essay challenges the conventional wisdom that American labor law has reached a dead end. I argue that the dysfunctionality of the National Labor Relations Act has led not to "ossification" - as many believe - but to ...

    • Reinhardt at Work 

      Sachs, Benjamin Ian (Yale Law School, 2010)
      This Tribute essay explores Judge Stephen Reinhardt’s labor and employment jurisprudence, arguing that the jurisprudence is defined by a consistent substantive vision of what labor and employment law intends to accomplish ...

    • Revitalizing Labor Law 

      Sachs, Benjamin Ian (2010)

    • The Unbundled Union: Politics Without Collective Bargaining 

      Sachs, Benjamin Ian (Yale Law School, 2013)
      Public policy in the United States is disproportionately responsive to the wealthy, and the traditional response to this problem, campaign finance regulation, has failed. As students of politics have long recognized, ...

    • Unions, Corporations, and Political Opt-Out Rights After 'Citizens United' 

      Sachs, Benjamin Ian (Columbia Law Review Association, Inc., 2012)
      Citizens United upends much of campaign finance law, but it maintains at least one feature of that legal regime: the equal treatment of corporations and unions. Prior to Citizens United, that is, corporations and unions ...