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Expert Analysis

A Conservative Rewriting Of The 'Right To Work'

Law360, New York (September 2, 2014, 10:21 AM EDT) -- The problem with talking about a "right to work" in the United States is that the term refers to two very different political and legal concepts. The first is the broader concept of having a positive right to gainful employment — a right embraced by the political left, endorsed in 1944 by President Franklin Roosevelt in his Second Bill of Rights and embodied in the United Nations' 1948 Universal Declaration of Human Rights. The second is the much narrower concept of having a right to work without being required (by an employer) to join an employees' union — a right embraced by the political right and embodied in the 1947 Taft-Hartley Act, as well as in various state laws....

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