The Defeat of the KCIR and America’s Turn Away from International Labor Policy Models
from Part II - The KCIR in the World
Published online by Cambridge University Press: 26 July 2025
The rigid outlook of its supporters assured the KCIR’s emphatic defeat, which was broadly discrediting to labor courts. The positions taken against the KCIR also reveal the contours of the labor policy ultimately developed in the United States. The KCIR’s fascist premises were apparent by 1926, when the US made a decisive turn away from industrial compulsion. The evolutionary view of law was categorically rejected in the Wolff decision; Wolff’s decade of doctrinal ascendency ended an era of innovative state policy leadership in the United States. The procedural outlook of the KCIR’s liberal critics became the basis of New Deal labor policy, ushering in America’s unique model of labor law without labor rights. In rejecting these tenets of the KCIR, leading thinkers also turned away from international policy developments that shared those premises. Thus, America’s divergence from the labor policy of the rest of the world owed to the development of ideas, no less than institutions and structures, and it was liberals most engaged with global flows of ideas who did the most to turn the United States onto its distinctive path.
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