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" The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it. "
Harvard Law Review - Page 211
1914
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To Create a Bituminous Coal Commission: Hearings Before a ..., Volume 2

United States. Congress. Senate. Committee on Mines and Mining - Bituminous coal. [from old catalog] - 1932 - 1026 pages
...it had said in the case of Adair v. United States (208 US 161) to the following effect [reading] : The right of a person to sell his labor upon such...proper is,. in its essence, the same as the right of a purchaser of labor to prescribe the conditions upon which he will accept such labor from the person...
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Hearings

United States. Congress. Senate. Committee on the District of Columbia - 1933 - 1158 pages
...1908, in what was known as the Adair blacklist case, the United States Supreme Court said : " Tlie right of a person to sell his labor upon such terms...conditions upon which he will accept such labor from the persons offering to sell. In all such particulars the employer and employee have equality of right,...
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Labor Disputes Act: Hearings Before the Committee on Labor, House of ...

United States. Congress. House. Committee on Labor - Arbitration, Industrial - 1935 - 386 pages
...services of another, or to compel any person, against his will, to perform personal services for another. The right of a person to sell his labor upon such terms as he deems proper is. in essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he...
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Court Decisions Relating to the National Labor Relations Act

Labor laws and legislation - 1944 - 1532 pages
...[617J another, or to compel any person, against hu will, to perform personal services for another. The right of a person to sell his labor upon such...offering to sell it. So the right of the employee to qw't the service of the employer, for whatever reason, is the name as the right of the employer, for...
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Liberty, Property, and the Future of Constitutional Development

Ellen Frankel Paul, Howard Dickman - Law - 1990 - 360 pages
...ban on a closed nonunion shop, the "yellow-dog" agreement, under the Fifth Amendment, declaring that: The right of a person to sell his labor upon such terms as he deems proper is, in essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - Law - 1993 - 336 pages
...compel any person, against his will, to perform personal services for another." He maintained that "the right of a person to sell his labor upon such...such labor from the person offering to sell it.... In all such particulars the employer and the employee have equality of right, and any legislation that...
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Federal Abortion Politics: Judicial nominations

Neal Devins, Wendy L. Watson - Law - 1995 - 474 pages
...[to] compel any person in the course of his business [to] retain the personal services of another. [The] right of a person to sell his labor upon such terms as he deems proper [is] the same as the right of the purchaser of labor to prescribe the conditions. [T]he employer and employe[e]...
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The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights

Hadley Arkes - Law - 1997 - 316 pages
...proper," and a right "to quit the service of the employer for whatever reason." At the same time, that " right of a person to sell his labor upon such terms...accept such labor from the person offering to sell it" (Ibid., at 174). " See the Railway Labor Act of 1926, 44 Stat. 577, and the discussion of the act by...
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Reform and Regulation of Property Rights

Industrial laws and legislation - 1997 - 452 pages
...less of a natural man than the emplovee. As Justice Harlan expressed the Spring l99'2 point. "The nglo of a person to sell his labor upon such terms as he...proper is. in its essence, the same as the right of the porchaser of labor to prescribe the conditinns upon which he will accept such labor from the person...
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The Lost World of Classical Legal Thought: Law and Ideology in America, 1886 ...

William M. Wiecek - Law - 1998 - 296 pages
...but pleads that it acts in the interest of Lazarus." 180 Justice John M. Harlan wrote in 1908 that "the right of a person to sell his labor upon such...accept such labor from the person offering to sell it." 181 Where liberty is the prime value, inequality (masked by formalistic equality) is inevitable. The...
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