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Published online by Cambridge University Press: 23 October 2021
Labor has seen better days. The early twenty-first century has witnessed a worldwide decline in the power of unions and labor movements generally. “Rights talk” is understandably the last discourse many labor scholars want to revisit. After all, labor rarely receives a fair hearing in the courts. Historically, the “most utopian elements of the labor movement” have avoided judiciaries as anti-democratic sites of agitation. And yet, without arguing for rights beyond workplace bargaining power, unions and labor movements have consistently been defeated by arguments for “negative” individual rights.
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