Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Act--Discriminatory Practices--Defenses Available to Charge of Discrimination in Furnishing Services and Facilities

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Bankruptcy--Priority of Wages--Employer's Contributions to Welfare Funds Are Not Entitled to Priority as Wages Due to Work

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Constitutional Law--Social Security Benefits--Automatic Suspension of Deported Person's Social Security Benefits a Denial of Due Process

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Constitutional Law--Union Shop Agreement Under Railway Labor Act Violates Constitutional Rights of Employees

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Corporations--Securities and Exchange Act of 1934--Liability of Director for Profits on Stock Acquired Prior to Election as Corporate Official

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Damages--Quasi Contract--Exemplary Damages in Quasi Contract When Defendant is Guilty of Fraud

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Evidence--Other Crimes--Admissibility of Evidence …

Book Notes, Law Review Staff

Vanderbilt Law Review

Living the Law By Frank E. Cooper Indianapolis: The Bobbs-Merrill Company, Inc., 1958. Pp. xv, 184. $7.50.

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Shared Government in Employment Security By Joseph M. Becker New York: Columbia University Press, 1959. Pp. 501. $6.50.

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

Workmen's Compensation - Occupational Diseases - Radiation Injury Amendment, Vance A. Fisher S.Ed.

Michigan Law Review

The Kansas Workmen's Compensation Act has recently been amended to take more complete account of the complex nature of injuries which might arise through the increased use of radioactive materials and ionizing radiation. The effect of the amendment is twofold. First, it makes more inclusive the definition of radiation injury as an occupational disease by treating "exposure to ionizing radiation" as a cause of compensable injury. Second, it removes all time limitation periods with regard to the giving of notice and the filing of claims and extends the general limitation period from one year from the date of disablement or …

Voluntary Impartial Review Of Labor: Some Reflections, Walter E. Oberer

Michigan Law Review

The purpose of this paper is to examine the emerging concept of voluntary impartial review of the decisions of organizational tribunals passing upon internal disputes. Attention will center on the application of this concept to labor unions - the only area in which it has yet been tried.

Unemploymenet Compensation - Disqualification - Employee's Refusal To Discuss Alleged Communist Party Membership With His Employer Constitutes Misconduct Connected With His Work, Joel N. Simon S.Ed.

Michigan Law Review

Claimant was discharged after he refused to explain or deny charges of Communist Party membership, made against him before a congressional committee, at a hearing conducted by his employer, a private contractor engaged in defense work. The Unemployment Compensation Board of Review rejected his claim for unemployment compensation benefits upon a finding that this refusal constituted "willful misconduct connected with his work." On appeal, held, affirmed. An employee's refusal to discuss alleged Communist Party membership with his employer, who is engaged in defense work, creates doubt as to his loyalty and jeopardizes his employer's defense contracts. His consequent discharge …

Injunctive Relief Against Picketing Under The Indiana Right To Work Law

Indiana Law Journal

No abstract provided.

Conflict Of Laws In Labor Matters In The United States, Stuart Rothman

Vanderbilt Law Review

A sampling of the ways in which the subject of conflict of laws has been treated in the United States in labor matters will be undertaken. However, the term "labor matters" may be regarded as embracing a multitude of topics, and this presentation by no means purports to be encyclopedic. Indeed, questions concerning conflicts between laws of the federal and state governments have been purposely excluded, though admittedly they loom large in domestic law and jurisprudence. On the other hand, the subjects considered are deemed illustrative of the domestic approach to the problems involved.

Labor Law And Workmen's Compensation--1959 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

What is the meaning of the term "actual cash value" in the standard fire policy? The middle section of the court of appeals, following a prior Tennessee case and the weight of authority, held that the phrase is synonomous with "market value" only where the goods are readily replaceable in a current market. Where there is no market, or where the market value is inadequate to properly indemnify the insured, "actual cash value" means the "'value to the owner' or the loss he suffers in being deprived of the goods." Since the goods involved in this case were personal effects, …

Union Security And The Right To Work Laws: Is Coexistence Possible?, J. T. Cutler

William & Mary Law Review

No abstract provided.

Workmen's Compensation - Statutory Requirement Of Injury By Accident, Thomas D. Terry

William & Mary Law Review

No abstract provided.

Labor Law, Cornelius J. Peck

Washington Law Review

Covers the Washington minimum wage and hour act.

The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover

Washington Law Review

In Curtis Bros., Inc., the National Labor Relations Board (NLRB) first enunciated the rule that picketing for recognition by a union representing a minority of the employees was an unfair labor practice because it violated section 8(b) (1) (A) of the National Labor Relations Act. The doctrine has never had the full support of all Board members. Moreover the initial reaction of the reviewing courts to this ruling has been unfavorable. The Curtis doctrine has been entirely rejected by the District of Columbia Court of Appeals, upon review of the Board's decision of the case, and partially rejected by one …

Security Clearance Revocation As A Justiciable Controversy

Washington and Lee Law Review

No abstract provided.

Rights And Remedies Of Members In Internal Union Controversies In The Southern Jurisdictions, Fred Graham

Vanderbilt Law Review

There is a traditional reluctance on the part of judges to involve the courts in the internal affairs of labor unions. Consequently, a judge will often pause in the course of an opinion adjudicating a union controversy with an aside to the effect that:

"Of course, it is well understood that courts are indisposed to interfere with the internal management of an unincorporated, voluntary association as is here involved. We have held that the right of a voluntary association to interpret and administer its own rules and regulations is as sacred as the right to make them, and there is …

Possible Effects Of The First Proviso To Section 9 (A) Of The National Labor Relations Act

Indiana Law Journal

No abstract provided.

Organizational Picketing: What Is The Law?—Ought The Law To Be Changed?, William J. Isaacson

Buffalo Law Review

No abstract provided.

Judicial Review Of Preliminary Orders Of National Labor Administrative Agencies After Leedom V. Kyne, William H. Gardner

Buffalo Law Review

No abstract provided.

Labor. By Neil W. Chamberlain., Willam G. Mcgee

Buffalo Law Review

No abstract provided.

The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger

Michigan Law Review

The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.

Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood

Michigan Law Review

Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …

Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed.

Michigan Law Review

Petitioner union was certified as exclusive bargaining representative of an employees' unit in 1953. When contract negotiations faltered, the union called a strike and began picketing the employer's retail store. The picketing continued for two years during which time the employer permanently replaced the strikers with non-union employees. In 1955 the union lost a new representation election by a vote of 28 to 1 and was decertified. When the picketing persisted, the employer petitioned the National Labor Relations Board, charging the union with an unfair labor practice. The Board, after finding that the union's objective was exclusive recognition, held that …

Mckesson V. Lowery, Jesse W. Carter

Jesse Carter Opinions

A district attorney was granted a writ of mandate ordering a county auditor to pay him an increased salary where the increase became effective after his appointment to office, but before his subsequent election to the office for the unexpired term.

Book Notes, Law Review Staff

Vanderbilt Law Review

Labor Unions and Public Policy By Edward H. Chamberlin, Philip D. Bradley, Gerald D. Reilly and Roscoe Pound Washington, D.C.:American Enterprise Association, 1958. Pp. 177. $4.50.

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The Worker Views His Union By Joel Seidman, Jack London, Bernard Karsh and Daisy L. Tagliacozzo Chicago: The University of Chicago Press, 1958. Pp. xi, 300. $5.75.

The Law Of The Collective Agreement, Charles O. Gregory

Michigan Law Review

The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.

The Common Law Wife And Workmen's Compensation

Washington and Lee Law Review

No abstract provided.

Hot Cargo Clauses As A Defense To Union-Induced Secondary Boycotts, D. L. Mcc.

West Virginia Law Review

No abstract provided.

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit …

Collective Bargaining And The Law, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the Law School of The University of Michigan, as a part of its program of public service, has sponsored a series of summer institutes to provide a medium for high-level discussion of legal problems in areas of public concern. In 1950 the subject of the Summer Institute was "The Law and Labor-Management Relations." In 1958 it seemed desirable again to turn to this important field, and the subject selected was "Collective Bargaining and the Law."

The 1958 Institute brought together a distinguished group of experts in labor relations law and produced a series of papers and comment which, …

Recreational Injuries And Workmen's Compensation: Infusion Of Common-Law, Agency-Tort Concepts

Indiana Law Journal

No abstract provided.