This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about how the labor movement can expand its role in today's economy.
Ann C. Hodges, Avoiding Legal Seduction: Reinvigorating the Labor Movement to Balance Corporate Power, 94 Marq. L. Rev. 889 (2011).