Legislative Purpose and the Judicial Process: The Lincoln Mills Case

with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).


Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts. Thus the proper disposition of Textile Workers Union v. Lincoln Mills, decided last term, was to “remand” the case to Congress for further consideration of this broad delegation of power. The authors also criticize the Court for a tendency to fail to articulate rational grounds of decision.

Yale Law School