Law Commons^™

Anticompetitive Mergers In Labor Markets, Ioana Marinescu, Herbert J. Hovenkamp

Indiana Law Journal

Mergers of competitors are conventionally challenged under the federal antitrust laws when they threaten to lessen competition in some product or service market in which the merging firms sell. In many of these cases the threat is that in concentrated markets—those with only a few sellers—the merger increases the likelihood of collusion or collusion-like behavior. The result will be that the post-merger firm will reduce the volume of sales in the affected market and prices will rise.

Mergers can also injure competition in markets in which the firms purchase, however. Although that principle is widely recognized, very few litigated cases …

Labor And The Origins Of Civil Procedure, Luke P. Norris

Law Faculty Publications

A series of changes within civil procedure over the past few decades—including the rise of private arbitration, the accompanying decline of public adjudication, and the erection of barriers to class actions—have diminished the economic power of workers, consumers, and diffuse economic actors. This Article demonstrates that avoiding these economic consequences was a central goal of those who crafted American federal civil procedure in the first place. Driven to action by the procedural issues involved in labor injunction cases, leading procedural reformers behind the modern regime strove to make American federal civil procedure sensitive to questions of political economy and designed …

Labor As Property: Guestworkers, International Trade, And The Democracy Deficit, Ruben J. Garcia

Scholarly Works

In the 1914 Clayton Act, Congress declared: "The labor of a human being is not a commodity or an article of commerce." The practical reason for this section of the Clayton Act was to exempt collusion in labor negotiations from antitrust liability. The law also gave effect to the rejection of the commodification of human labor. Since the passage of the Clayton Act, developments in law and society have chipped away at the law's symbolic anti-commodification message. This paper examines the commodification of labor in the international trade and guestworker debates. Historically, the concept of "comparative advantage" in international trade …

The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein

Adam Epstein

The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …

Of Hoops, Labor Dupes And Antitrust Ally-Oops: Fouling Out The Salary Cap, D. Albert Daspin

Indiana Law Journal

No abstract provided.

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

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 …

The Labor Injunction - Weapon Or Tool, Robert M. Debevec

Cleveland State Law Review

An injunction is an order or write issued by a court of equity commanding an individual or group of individuals to do or refrain from doing certain acts. These certain acts may pertain to any one of a variety of matters. Here we are concerned only with the injunction as it is applied to labor organizations or individuals to prevent them from doing or cause them to do certain acts in their relationship to management. Whether these acts are lawful or unlawful is the point which decides whether or not an injunction will be allowed.

Union Security Under Federal Statutes; A Primer, George Maxwell

Cleveland State Law Review

Protection against prosecution under the anti-trust acts is extended to a union whenever (1) the union acts in protection of its own interests; (2) acts without combination with employers; (3) does not authorize the illegal acts of its agents officially and (4) is engaged in a labor dispute as defined by the Norris-LaGuardia Act. Whenever these circumstances exist the union is secure against a finding that it is in violation of the anti-trust acts.

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 …

Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

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

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

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".

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 …