Joseph A. McCartin has given us an eloquently framed and sweeping history of scholarly assessment of the Wagner Act in this issue. He has done so not simply as a historiographical exercise but rather—as he has done throughout his career as a scholar and director of the Kalmanovitz Initiative for Labor and the Working Poor—in order to help erect a platform of knowledge from which we can assess the terrain and decide, where do we go from here? In this brief response, I offer three observations concerning the uniqueness of the act, its isolation from other employment laws, and the importance of its progeny, in an effort to further McCartin’s project of making sure we “draw the right lessons from the Wagner Act and its eighty-year history.”1

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First, while others have noted the unique nature of the rights created by...

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