Ralph K. Winter
Yale University
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Yale Law Journal | 1969
Harry H. Wellington; Ralph K. Winter
Good lawyers are good critics. The nature of their discipline makes this skill necessary, and the content of their work brings it inevitably to bear upon doctrines and concepts laboriously constructed by their predecessors. In approaching questions involving collective bargaining and public employment, union lawyers and academic commentators have for some years been criticizing the concept of the sovereignty of the public employer, and its offspring, the doctrine of the illegal delegation of power. These two lawyer-made constructs once had imposed formidable obstacles to collective bargaining in the public sector
Yale Law Journal | 1971
Michael Jacobs; Ralph K. Winter
For years the impact of antitrust principles on the arrangements allocating players among teams in professional sports has been hotly disputed. Now recent events seem to have brought this issue to a head. A malaise among good athletes like Curt Flood has increased the tempo of litigation, and an important voice in the United States Senate, Senator Sam J. Ervin, Jr., has responded to a petition for an antitrust exemption for the proposed basketball merger by calling for a full scale legislative review of the issue. We enter this crowded arena, not to solve the antitrust dilemma, but to put it to rest. For, in the form in which it is generally debated, it is an issue whose time has come and gone, an issue which has suffered that modern fate worse than death: irrelevancy. We are strongly of the view that the dispute over the impact of antitrust on the allocation of players in professional sports has, by focusing so intently upon merger and group boycott questions, generally overlooked what may be a dispositive consideration: national labor policy. For while the antitrust issue has been debated in much the same terms for more than a generation, the employment relationship in many professional sports has undergone a major change. In professional football, basketball and baseball, the players are organized in unions which are recognized by, and bargain with, their leagues. The establishment of collective bargaining, however, is not simply a change in economic structure. It also entails a change in
Duke Law Journal | 1993
Ralph K. Winter
t Judge, United States Court of Appeals for the Second Circuit. This Article was originally presented as the Oliver Wendell Holmes Lecture at Harvard Law School, Cambridge, Mass., on October 13, 1992. 1. For some time, many commentators noted that Americas cost of capital was high compared to that of its economic competitors. Richard Breeden, the Chairman of the SEC, and others have described Americas high cost of capital as one of the economys biggest problems. Richard Breeden, Speech at American Stock Exchange Conference (Oct. 15, 1990), in Fed. News Serv., Oct. 15, 1990, available in LEXIS, Nexis Library, Fednew File; see, e.g., Gary Hector, Why U.S. Banks Are in Retreat, FORTUNE, May 7, 1990, at 95, 95 (stating that the cost of capital for American companies was twice that of their West German and Japanese competitors during the period from 1983 to 1988). More recent evidence indicates that Americas cost of capital is not currently higher than the cost of capital for some of its competitors. See, e.g., Capital Punishment, ECONOMIST, May 23, 1992, at 71, 71 (discussing a recent study conducted by Richard Mattione, an economist with J.P. Morgan Bank, that found Americas cost of capital to be lower than the cost of Japanese capital); Carl W. Kester & Timothy A. Luehrman, The Myth of Japans Low-Cost Capital, HARV. BUS. REV., May-June 1992, at 130, 130; Michael E. Porter, Capital Disadvantage: Americas Failing Capital Investment System, HARV. BUS. REV., Sept.-Oct. 1992, at 65, 65. It should be emphasized that the validity of the arguments made here does not depend upon the cost of capital in the United States being relatively high or low. Measures that increase the cost of capital without corresponding benefits are harmful.
Industrial and Labor Relations Review | 1974
Irving R. Markowitz; Harry H. Wellington; Ralph K. Winter
These two interesting and provocative books supplement each other in exploring the growth and effect of collective bargaining in local government. The Wellington-Winter study is an assessment of the background theory and models of collective bargaining; the Stanley-Cooper study (which is the result of field studies of nine teen local governments) summarizes the impact of the rise of or ganized labor relations on the local government structure. From different vantage points the two volumes complement each other. The Wellington-Winter book explores the economic, politi cal and legal dynamics of labor relations, collective bargaining and the ultimate strike weapon at the local government level. The Stanley-Cooper research collates the specific effects of this bargain ing process: where and how the municipal budget has increased; the impact upon civil service and related recruitment, promotion and dismissal policies; who bargains for the municipality and why; and other specific examples of how the nineteen selected municipal ities have met the challenges of collective bargaining. The nineteen cities are in fourteen states ranging from New York City, whose labor negotiations have received nationwide coverage, to Bingham ton, New York, with a population of 76,000.
Archive | 1972
Harry H. Wellington; Ralph K. Winter
Yale Law Journal | 1970
Harry H. Wellington; Ralph K. Winter
Archive | 1984
Ralph K. Winter
Archive | 1992
Ralph K. Winter
American Political Science Review | 1977
Glenn W. Miller; David T. Stanley; Harry H. Wellington; Ralph K. Winter
Public Administration Review | 1974
David L. Martin; Sterling Spero; John M. Capozzola; Sam Zagoria; Harry H. Wellington; Ralph K. Winter; David T. Stanley; Carole L. Cooper; Jack Steiber