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Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Employee Standing Under Section 4 Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note will focus on the confusion that plagues one category of antitrust standing cases, those in which an employee alleges wrongful discharge for his refusal to participate in a scheme that violates the antitrust laws. Conflicts among the circuits in their analysis and resolution of these employee standing cases have not been definitively settled by the Supreme Court's recent pronouncements on the right to seek recovery under section 4. This Note argues that these recent Supreme Court decisions, as well as the policies behind the antitrust laws, weigh in favor of permitting an employee to maintain a section 4 …
Antitrust And Labor, Russell A. Smith
Antitrust And Labor, Russell A. Smith
Michigan Law Review
The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …
Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller
Federal Intervention In Labor Disputes And Collective Bargaining-The Hutcheson Case, Ludwig Teller
Michigan Law Review
The very face of federal law governing labor unions and labor activities has been transformed by the recent holding by the United States Supreme Court in United States v. Hutcheson, that the Sherman, Clayton and Norris Acts must be read not separately but as "interlacing statutes," and that labor activity unenjoinable under the Norris Act is likewise and by the same token uncensurable under the Sherman Act. In so deciding, the high court has drastically affected the meaning of the Sherman Act, and the extent of its application to labor activities. New life has been given to the Clayton …
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt
Michigan Law Review
Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg
Michigan Law Review
The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …
Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity
Labor Injunctions-Federal Statute Defining And Limiting The Jurisdiction Of Courts Sitting In Equity
Michigan Law Review
The latest effort of organized labor to protect itself against judicial interference in industrial disputes is to be found in the Norris anti-injunction bill, passed by Congress early this year and signed by the President on March 23, 1932. Its object is to limit the powers of federal courts at law and in equity, and chiefly to regulate the grant of federal injunctions in labor disputes. Similar legislation, state and federal, has encountered many obstacles, either by way of restrictive interpretation or through constitutional limitations. It is, therefore, interesting to examine not only the main provisions of the Norris Act …
Injunction In Labor Disputes--Anti-Trust Laws--"Secondary Boycott".
Injunction In Labor Disputes--Anti-Trust Laws--"Secondary Boycott".
Michigan Law Review
Since the passing of the Sherman Anti-Trust Act in 1890 there has been an enormous increase in litigation concerning the trade union and its activities. When the Supreme Court in the Danbury Hatters' case8 held that labor organizations were included in the provisions of the Sherman Act, and that the so-called "secondary boycott"' was a violation of the terms of this act, labor felt that it had lost a very effective weapon and at once began to fear that the very existence of the labor union was in danger. Not having much hope of relief from the courts, the forces …