Document Type



A Strike and its Legal Consequences -- An Examination of the Receivership Precedent for the Labor Injunction, 40 Yale Law Journal 507 (1931)


THE study from which this paper proceeds is an attempt to
understand the labor injunction in the light of its comparatively
brief history.
The questions of labor law are indissociable from the question
of what Madison called "the most difficult of all political
arrangements"-that of so adjusting the conflicting claims of
those with and those without property "as to give security to
each and to promote the welfare of all." To deal with them
on the basis only of what is contained in law books is to miss
many factors which have influenced the judgments both of courts
and of their critics. Those factors include conditions and events,
personalities, faiths cherished with uncritical devotion, and a
vast complex of forces of interest and desire among which
genuine desire for social harmony, though it tends always to
abdicate its vague power as mediator and to trust in the
benevolence after victory of one or the other of the major protagonists
in social conflict, may not be so negligible as contemporary
disillusion inclines to assume.

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strike, labor, receivership precedent