Abstract
How the costs of labor mobility ought to be distributed is the issue explored in this essay. Neoclassical procedural devices are argued to be irrelevant and unable to guide allocative decisions. A modified structuralist thesis is introduced in which the substantive nature of capitalist employment contracts is emphasized. The actual agent of allocation is the judiciary, and some attention is given to the role of the judiciary in modern society. Four strategic rules are then proposed as the basis for judicial decisions regarding the allocation of mobility costs. These rules are reliance, context, comparability, and resource endowment.

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