In the Shadow of Judicial Supremacy: Putting the Idea of Judicial Dialogue in Its Place

I aim to shed theoretical light on the meaning of judicial dialogue by comparing its practice in different jurisdictions. I first examine the practice of dialogic judicial review in Westminster democracies and constitutional departmentalism in American constitutional theory, showing the tendency toward judicial supremacy in both cases. Turning finally to continental Europe, I argue that the practice of constitutional dialogue there is reconciled with its postwar tradition of judicial supremacy through the deployment of proportionality analysis‐framed judicial admonition. I conclude that constitutional dialogue may take place amid the judicialization of constitutional politics, albeit in the shadow of judicial supremacy.     

Bargaining When the Future of an Industry Is at Stake: Lessons from UAW–Ford Collective Bargaining Negotiations

The 2007 American automobile industry labor negotiations involved fundamental challenges for labor and management, including a historic shift of responsibility in the management of retiree health care, a need for new approaches to core employment security issues, identification of ways to create new unionized jobs in the industry, and a joint commitment to the competitive viability of U.S. operations. Less visible, but no less important in the United Auto Workers–Ford case, has been unprecedented levels of information sharing and unique innovations in the bargaining process designed to enable problem solving even when tough issues were on the table. More than 300 people were directly involved in the negotiations, serving at the main table and on twenty‐four subcommittees. This case study covers the context for the negotiations, key events leading up to the bargaining, a unique process of “bargaining over how to bargain,” the actual negotiation process, and the results achieved. Implications are generalizable to the broader concept of pattern bargaining and many other types of negotiations when transformation is on the table.