Law Commons^™

Labor Law And Workmen's Compensation -- 1958 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

The federal Labor-Management Relations (Taft-Hartley) Act sets forth as a basic right the freedom of choice of covered employees with respect to unionization and the establishment of collective bargaining. While protecting certain concerted activities, this statute makes it unlawful, among other things, for a labor organization to strike or picket for certain proscribed objectives. In this area of regulation (i.e., the purposes of labor combinations and economic pressures) the federal machinery is exclusive to the extent that the necessary relationship to interstate commerce is present and exceptions to coverage are inapplicable. While the Supreme Court of the United States has …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Combating The Traumatic Effects Of Industrial Noise, W. F. Scholtz

Cleveland State Law Review

Today's increased interest in factory noise is partly created by the fact that exposure to sound under certain conditions may cause hearing impairment. This interest has been reflected in both management and labor circles. The seriousness of the problem is evidenced by a sudden increase in the number of claims filed for industrial hearing loss, presumably caused by exposure to high intensity sound. Unfortunately, major uncertainties exist, making the establishment of standardized tests and measurements difficult. Allison Chalmers Manufacturing Company and competent medical authorities have done a great deal of valuable preliminary study, making it possible to set tentative standards …

Medicolegal Aspects Of Industrial Noise, Meyer S. Fox

Cleveland State Law Review

Occupational hearing loss may be defined as a hearing impairment in one or both ears, partial or complete, arising in, during the course of, or as the result of one's employment. It can occur suddenly as the result of one's employment. It can occur suddenly as the result of a traumatic injury, intense blasts or explosions, or gradually due to prolonged exposure to excessive noise levels. Hearing losses resulting from blows, blasts, or explosions, as well as from foreign objects and burns, have usually been compensated under schedule of accidental injuries. Industrial noise hearing loss is the accumulative loss of …

Epilepsy And The Law, Irwin N. Perr

Cleveland State Law Review

Epilepsy is one of the few medical conditions which have been singled out both in common law and in statutory law. In addition, epilepsy has become increasingly important as it may be a sequel to head injuries, and thus the lawyer dealing with personal injury cases must have some acquaintance with epilepsy and its problems.The first part of this paper will be a simplified description of epilepsy with emphasis on those aspects which may be of some importance to the law. This will be followed by discussion of epilepsy in relation to various laws on marriage, sterilization, automobile driving, and …

Occupational Dermatitis In Railroad Cases, Howard L. Oleck, Elmer I. Schwartz

Cleveland State Law Review

Employers today must be presumed to know of the dangerous nature of many chemicals which produce contact dermatitis, as well as respiratory and other injuries. Among the known-to-be-dangerous substances are such things as chrome compounds, lead compounds, petroleum compounds, and many others. The danger of sensitization by these substances also must be presumed to be known. It follows that an employer is legally bound to take all reasonable possible precautions to protect his workers from such injuries. Whether or not he has taken adequate precautions is a question of fact, for the jury. If he has taken no special precautions, …