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The Third and Fourth Planks – Labor Law and Intergovernmental Immunity
from Section D: The New Constitutional Regime
Published online by Cambridge University Press: 13 January 2022
This Chapter deals with the Court’s decisions on the reach of the National Labor Relations Act, and its revisiting cases involving intergovernmental immunities, including a reconceptualization of them as impicating primarily questions about interpreting federal statutes rather than the Constitution. It also examines some cases raising questions related to those decided in Blaisdell and the Gold Clause Cases, and shows that the Court did not repudiate the restrictive implications of those decisions.
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