Legislative Purpose and the Judicial Process: The Lincoln Mills Case (with Alexander M. Bickel), 71 Harvard Law Review 1 (1957)
Section 301 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts. Thus the proper disposition of Textile Workers Union v. Lincoln Mills, decided last term, was to "remand" the case to Congress for further consideration of this broad delegation of power. The authors also criticize the Court for a tendency to fail to articulate rational grounds of decision.
Date of Authorship for this Version
Wellington, Harry H. and Bickel, Alexander M., "Legislative Purpose and the Judicial Process: The Lincoln Mills Case" (1957). Faculty Scholarship Series. Paper 1967.