Essay on Three Strike Law - 928 Words - StudyMode

With the LLRG providing the general framework, the corporate leaders hired three seasoned pro-management labor lawyers to draft new legislation for eventual introduction into Congress. One worked as a legislative counselor to General Motors, Chrysler, and General Electric, a second represented Chrysler and General Motors after working on both the Taft-Hartley and Landrum-Griffin acts, and the third was an influential management attorney in Washington. Two had served on the National Labor Relations Board at one time or another. Their work was then checked over by a "Blue Ribbon Committee," which consisted of management lawyers specializing in labor issues at 100 large corporations. The drafting work was also coordinated with the Labor Policy Association -- a meeting ground for hundreds of corporations with labor-law units -- through its president, who was a former lobbyist for several corporations (Gross 1995, p. 202-203). So this was an extensive effort involving a large number of corporations, not the work of a few isolates

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Lawyers for the Department of Defense wrote the first draft of the preemptive executive order based on the claim that unionized employees might impede defense production. Ninety-two work stoppages between 1956 and 1961 by skilled craftsmen at the National Aeronautic and Space Administration were the primary basis for their concern. After learning of this effort, Secretary of Labor Goldberg took control of the process by creating a task force that included representatives from several departments and agencies, including the Department of Defense, the Bureau of the Budget, and the Civil Services Commission, all three of which wanted the most narrow order possible in order to limit union powers.


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In terms of impact, the hearings were completely obscured by anti-war demonstrations, the scramble for the Democratic presidential nomination after Johnson announced he would not run again, and the assassinations of Martin Luther King, Jr., and Robert F. Kennedy. Although the Republicans gained five seats in the Senate in 1968, including the one held by Morse in Oregon, and five in the House as well, the labor committees in both houses still had too many non-Southern Democrats to make significant changes in labor laws possible. The overall campaign therefore ended in failure, but it once again revealed just how coordinated 100 or more corporations were for lobbying Congress and connecting with opinion-shaping organizations. It also showed their determination to prevail one way or another on this issue, and prepared them to work closely with future presidents on labor issues. They were to get their chance very soon due to divisions in the liberal-labor alliance and the election of Republican Richard M. Nixon to the presidency in 1968. Historical institutionalists and other contemporary scholars sometimes write with near-nostalgia about how liberal Nixon really was, but they don't take labor issues into consideration in making that claim. They are also wrong to take the growth in spending on welfare and Social Security as evidence of Nixon's liberalism, since the moderates in the corporate community were all for it, but that mistake is a separate story from the one being told here (Domhoff 2013).


I am not a Lawyer, only an ordinary citizen, but having read as much as I have that Richard Posner wrote I have become a sincere admirer of the Academy. I am impressed with the absolute indispensable fact and body of law in a civil society. My ardent wish is to see the day when all Lawyers succeed in having the Academy promote of the right to counsel for all men, regardless of circumstance or station in society. That a free society does not have as a matter of right the assistance of counsel to a court, if requested, is remarkable for its hypocrisy. If all men were Lawyers we would not need Lawyers.The Online Library of Law and Liberty’s focus is on the content, status, and development of law in the context of republican and limited government and the ways that liberty and law and law and liberty mutually reinforce the other. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.