The Corner

Re: Owning Jobs

John, I’m still befuddled. The reason I used the trade analogy is that the argument is analogous. Indeed, the argument about “owning jobs” seems even more persuasive in the trade context. If I am an employer, and I want to hire Santiago to do a job for me, and Santiago wants to work for me, assuming there is nothing nefarious about the job in question, I believe I should be able to hire Santiago. It should not matter whether I wish to hire Francisco to work for me here or to work for me in Chile. I see no principled basis for accepting one and not the other. Indeed, if anything, I would think you would find the latter should be more objectionable, as I would be “exporting” the job and denying Americans the benefits of paying someone in the U.S. (tax revenue, consumer spending, etc.). I will admit that my position may not be politically popular, but that does not make it wrong.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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