Judicial Creativity and State Labor Law
Peck, Cornelius J.
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Citations by decade
Courts citing this journal article
Most recently cited by3
- 1999Pulcino v. Federal Express Corp. Wash. Ct. App.
- 1995Bravo v. Dolsen Companies Wash.
- 1974International Union of Operating Engineers Local No. 286 v. Sand Point Country Club Wash.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
That courts must and do make law is a proposition which no longer admits of debate. What remains debatable, however, is whether they choose the proper subjects and occasions for exercising their lawmaking powers as well as whether the products which they fashion are the best or most suitable for governing the affairs to which they will apply. Logically these questions involve separable issues, although there is a noticeable tendency on the part of some commentators to refer to the products of which they disapprove as judicial legislation and to those of which they approve as fine examples of common law sensitivity to the needs of the times. It is with this understanding and caution that the following analysis of two recent creative decisions of state courts in the field of labor law is offered.