Labor Law’s Illiberal Turn

Modern labor policy is moving away from free bargaining toward state‑driven arrangements (interest arbitration, co‑regulation) that treat workers as incapable of negotiating their own terms. That shift is notably absent from major liberal defenses of free markets and signals a broader realignment of who sets economic terms: judges and regulators rather than contracting parties. — If labor policy normalizes arbitration and co‑regulation, it will reallocate economic authority from individuals and firms to courts and administrative bodies, reshaping rights, market incentives, and political coalitions.