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 distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.002 | 0.002 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 teacher head, 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".