Rethinking the rule of law and administrative justice from managed to neoliberal capitalism in the United States : evidence from the case of temporary labor migrant regulation (1942-2011)
Bibliographic record
Abstract
What can the case of temporary labor migration regulation tell us about the rule of law and administrative justice from managed to neoliberal capitalism in the United States? This paper demonstrates how the enforcement of temporary migrant labor contracts from state-led economic planning into a market-driven order (1942-2011) challenges dominant understandings of economic rights in jurisprudential theory and histories of the American administrative state. Contrary to existing conceptualizations of the managed capitalist state as a rights-abrogator, I show how regulatory agencies created and backed private contracts (1942-64). I subsequently trace what happened to this legal form through the roll-back of managed migration in the post-1964 period. Counterintuitively, from the perspective of temporary labor migration, neoliberalism is not about the strengthening of private contract, but contract's changing form in kind and process. Through the retreat of managed migration, private contracts are deformalized and subsumed to a fragmented, "bottom-up" administrative justice, empowering employers in the legal process.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.014 | 0.021 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.011 | 0.029 |
| Scholarly communication | 0.009 | 0.006 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.004 | 0.007 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".