State Regulation of Agricultural Labor Regulations - The Arizona Farm Labor Law: A Constitutional Analysis

Arizona State Law Journal, pp. 373-431, 1973

59 Pages Posted: 13 Aug 2009

See all articles by Jonathan Rose

Jonathan Rose

Sandra Day O'Connor College of Law Arizona State University College of Law

Date Written: 1973

Abstract

The Arizona Farm Labor Law, which has been the subject of substantial political comment, may provoke significant judicial comment as well. This attempt to regulate employer-employee labor relations in Arizona's agriculture industry appears to have several constitutional infirmities, which are discussed in this Article. In particular, the Laws restraints on picketing and handbilling raise important first amendment issues; the vagueness and overbreadth of the statute suggest further first amendment questions; and the provision for summary remedies appears to offend due process notions developed by recent decisions of the United States Supreme Court. The author discusses each of the institutional issues in depth, examining the applicability of various constitutional doctrines to the area of labor relations in general, and, specifically, to the Arizona Farm Labor Law.

Keywords: labor, employment, farm

Suggested Citation

Rose, Jonathan, State Regulation of Agricultural Labor Regulations - The Arizona Farm Labor Law: A Constitutional Analysis (1973). Arizona State Law Journal, pp. 373-431, 1973, Available at SSRN: https://ssrn.com/abstract=1446941

Jonathan Rose (Contact Author)

Sandra Day O'Connor College of Law Arizona State University College of Law ( email )

Mail Code 9520
111 East Taylor St.
Phoenix, AZ 85004-4467
United States
480-965-6513 (Phone)

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