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Full-Text Articles in Law
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day
Labor Law - Federal Pre-Emption - An Inroad Through The Violence Doctrine, Richard E. Day
Michigan Law Review
The Wisconsin Supreme Court affirmed the circuit court's enforcement of an order obtained by the Kohler Company from the Wisconsin Employment Relations Board enjoining the appellant union, as a violation of the "Wisconsin Employment Peace Act, from further engaging in mass picketing, coercion, and other activities, which were also unfair labor practices under the amended National Labor Relations Act, to which the Kohler Company was subject. On appeal to the United States Supreme Court, held, affirmed, three justices dissenting. While, as a general matter, a state may not, in furtherance of its public policy, enjoin conduct which has been …
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe
Michigan Law Review
Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …
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 …