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An Institutionalist Perspective on Law and Economics (Chicago Style) in the Context of United States Labor Law

Abstract

Economic analysis, a frequent component of modern legal decisionmaking, has recently undergone substantial methodological changes. A majority of economists have adopted a physical science-like methodology, often without acknowledging the limits of that approach in public policy analysis. The most vocal of these economists—the "Chicago School"—attempt to represent an ideology-based paradigm as scientific truth. This Article analyzes the Chicago-style law and economics paradigm in the context of labor law and policy. It compares the Chicago approach to the institutionalist perspective in which the political economy is studied as a social science. It concludes that institutional methodology more closely parallels the methodology of legal analysis than the Chicago-style approach.

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35 Ariz. L. Rev. 397 (1993)

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Authors

James B. Zimarowski
Michael J. Radzicki (Worcester Polytechnic Institute)
William A. Wines (Boise State University)

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