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Abstract United States domestic law—like the domestic law of many other federal nationstates-has for decades rested on the settled principle that core labour rights, enforced by the central government, are fundamental constituents of a multi-state common market. The US Supreme Court and the US Congress have explicitly embraced the idea that substandard labour conditions are a form of illegitimate subsidy to low-wage employers and that the federal government is therefore justified in prohibiting interstate traffic in goods produced under such conditions (West Coast Hotelv. Parrish, 300 U.S. 379 (1937); NLRBv. Jones & Loughlin Steel Co., 301 U.S. 1 (1937); United States v. Darby, 312 U.S. 100 (1941)). Over three or four decades beginning in the rnid-1930s, that idea animated the relatively successful implementation of a federal policy enforcing core labour rights. In the last third of the twentieth century, while that formal policy commitment and its regulatory shell persisted, its actual implementation faded away (Gross 1995).
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