Law Commons^™

Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …

Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson

St. Mary's Law Journal

Abstract Forthcoming.

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

Labor Law--Safety Disputes--Walkouts Under Section 502 Of The Taft-Hartley Act, Bert Michael Whorton

West Virginia Law Review

No abstract provided.

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

Public Sector Collective Bargaining: Perspective And Legislative Opportunities, Ronald C. Brown

William & Mary Law Review

No abstract provided.

A Little Bit More On Collyer Insulated Wire, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.

A Response To Professor Getman, George Schatzki

Indiana Law Journal

No abstract provided.

In Defense Of Academic Judgment: A Comment, Maurice C. Benewitz

Buffalo Law Review

No abstract provided.

Employment At Will And The Law Of Contracts, Dennis M. Hyatt

Buffalo Law Review

No abstract provided.

Labour Relations And Public Policy: Perspectives On The Future, Robert W. Cox

Dalhousie Law Journal

What follows is an attempt to look at salient emerging issues for public policy in the labour relations field using a global framework so as to place the North American situation within the world-wide picture. It is now trite and superficial to speak of global "interdependence" in politics, economics and ecology. The concept "interdependence" implies a spurious equality, which diverts from and tends to obscure the dominancies and dependencies of global power relations.

The Nova Scotia Trade Union Act, 1972, Innis Christie

Dalhousie Law Journal

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.

Problems In Upholding The Standard For Female Employees., Michael H. Bailey

St. Mary's Law Journal

Abstract Forthcoming.

Recent Development: Comment, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Labor Law--The National Labor Relations Board Redefines And Restricts The Scope Of Managerial Employee Classification, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Mandatory Maternity Leave: Title Vii And Equal Protection

William & Mary Law Review

No abstract provided.

Recent Developments, Law Review Staff

Vanderbilt Law Review

Preservation of internal union solidarity through the exercise of disciplinary power over members has been recognized as an essential prerequisite to maintenance of a strong bargaining position vis-a-vis management.' Therefore, courts have afforded unions relative freedom to discipline members who violate rules of internal union government. Somewhat different principles of union discipline, however, are applied to members who occupy supervisory positions with the employer.' The employee-member is loyal primarily to his union, but the loyalty of the supervisor-member ultimately is two-dimensional:' he is loyal to the union by virtue of his union membership and to the employer by virtue of …

The Application Of Legal And Business Policies To State Prison Industries, Daniel Pramuk, Gregory Robinson, William Rotzien

IUSTITIA

The Prison Industries (P.I.) division of the Indiana State Department of Correction presented the challenge of a business function that must be carried out to achieve policy goals established by the legislature. The legal constraints imposed upon P.I. present barriers unique to the regular business community, and yet, analysis of conventional business planning provides a starting point for an analysis of P.l's plan and its implementation, and provides a guide for posing alternative plans. The Pendleton Reformatory was chosen for observation of P.I. in operation and its relation to the prison as an institution.

Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton

Indiana Law Journal

No abstract provided.

Towards A Property Right In Employment, Philip J. Levine

Buffalo Law Review

No abstract provided.

Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham

Michigan Law Review

The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?

The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards

Michigan Law Review

Whether the public sector is indeed sufficiently different from the private sector to warrant the assumption that private sector precedents should be avoided, or at least modified, is a question that can and has been argued at length; therefore, it will serve no useful purpose to rehash the issue in this Article. Rather, it is probably sufficient to observe that, for the most part, legislators and judges at the federal, state, and municipal levels have assumed that the two sectors are different; as a consequence, the initial legislative and judicial reactions to public sector unionism have been cautious. Arguments about …

The Scope Of Coverage Under The Fair Labor Standards Act Of 1938

Washington and Lee Law Review

No abstract provided.

Absent Provisions In A Collective-Bargaining Contract Or The Union's Constitution Or Bylaws Restricting A Union Member's Right To Resign, Any Imposition Of Fines Upon Employees Who Resign From The Union Prior To Breaking Strike Rules Is An Unfair Labor Practice Under Section 8(B)(1)(A) Of The National Labor Relations Act ., John S. Strickland

St. Mary's Law Journal

Abstract Forthcoming.

When An Employee Is Loaned, Both The General And Special Employers Are Liable For The Tortious Acts Of That Employee On The Basis Of The Public Policy Which Places Liability On The Employing Persons Or Firms Which Can Best Insure Against The Risk, Guard Against It, And Which Can Most Accurately Predict The Cost Of The Risk And Allocate Such Cost Directly To The Consumer., James A. Childress

St. Mary's Law Journal

Abstract Forthcoming.

Union Discipline Of Supervisors: Illinois Bell Telephone Co.

William & Mary Law Review

No abstract provided.