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Picketing Injunctions in California: A Study of the Role of the Courts in Farm Labor Disputes

Steven F. Shatz

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Abstract

LABOR INJUNCtION 2-5 (1930) [hereinafter cited as FRANK'muTER & GREENE].3. 'The history of the labor injunction in action puts some matters beyond question.In large part, dissatisfaction and resentment are caused, first, by the refusal of courts to recognize that breaches of the peace may be redressed through criminal prosecution and civil action for damages, and second, by the expansion of a simple, judicial device to an enveloping code of prohibited conduct, absorbing, en masse, executive and police functions and affecting the livelihood, and even lives, of multitudes."Id. at 200."The author sees little justification for injunctions in labor disputes.Some have undoubtedly cleared the atmosphere, prevented trouble or hastened adjustment.More have made no particular difference.By and large, however, injunctions have not only seriously handicapped the workingman against whom they were directed but have added [801]

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LABOR INJUNCtION 2-5 (1930) [hereinafter cited as FRANK'muTER & GREENE].3. 'The history of the labor injunction in action puts some matters beyond question.In large part, dissatisfaction and resentment are caused, first, by the refusal of courts to recognize that breaches of the peace may be redressed through criminal prosecution and civil action for damages, and second, by the expansion of a simple, judicial device to an enveloping code of prohibited conduct, absorbing, en masse, executive and police functions and affecting the livelihood, and even lives, of multitudes."Id. at 200."The author sees little justification for injunctions in labor disputes.Some have undoubtedly cleared the atmosphere, prevented trouble or hastened adjustment.More have made no particular difference.By and large, however, injunctions have not only seriously handicapped the workingman against whom they were directed but have added [801]

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LABOR INJUNCtION 2-5 (1930) [hereinafter cited as FRANK'muTER & GREENE].3. 'The history of the labor injunction in action puts some matters beyond question.In large part, dissatisfaction and resentment are caused, first, by the refusal of courts to recognize that breaches of the peace may be redressed through criminal prosecution and civil action for damages, and second, by the expansion of a simple, judicial device to an enveloping code of prohibited conduct, absorbing, en masse, executive and police functions and affecting the livelihood, and even lives, of multitudes."Id. at 200."The author sees little justification for injunctions in labor disputes.Some have undoubtedly cleared the atmosphere, prevented trouble or hastened adjustment.More have made no particular difference.By and large, however, injunctions have not only seriously handicapped the workingman against whom they were directed but have added [801]

Key concepts: Picketing, Labor disputes, Political science, Labor relations, Law, Business

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