Unformatted text preview: • But NY law not narrowly tailored to achieve that purpose • Insistence on narrow tailoring reflects libertarian _________ • Lochner as a labor law? • Labor law's purpose: police terms of labor contracts to ensure fairness/non-exploitation • Objections to labor law 1. Paternalism objection: Workers are not "words of the state" 2. Property objection • Unequal bargaining power constraints worker's choices but constraints are "natural and necessary" • One benefit of unequal bargaining power is employer's ability to pay low wages or require yellow dog contracts. Taking away these benefits is tantamount to theft of property • Premise = Ownership includes right to maximal benefit • Given this premise, even highly _______ arguments are voluntary...
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- Spring '08
- Law, Supreme Court of the United States