Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 8 of 8
Full-Text Articles in First Amendment
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Michigan Law Review
This Note examines both the statutory and constitutional implications of Safeco and Tree Fruits. It suggests that the confusion surrounding existing Board and court interpretations of section 8(b)(4)(ii)(B) stems from the Supreme Court's failure to assess realistically the impact that consumer picketing has on secondary businesses, as well as the Court's refusal to examine the objectives of unions that resort to secondary picketing.
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Michigan Law Review
This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.
"Congress Shall Make No Law..."*, O. John Rogge
"Congress Shall Make No Law..."*, O. John Rogge
Michigan Law Review
It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.
Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.
Michigan Law Review
Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …
Labor Law - Organizational Picketing In Industries Not Affecting Interstate Commerce, Arne Hovdesven
Labor Law - Organizational Picketing In Industries Not Affecting Interstate Commerce, Arne Hovdesven
Michigan Law Review
Representatives of defendant union approached plaintiff, proprietor of a small liquor store, with information that they planned to initiate an organizational campaign to obtain the membership of the store's three clerks, none of whom were members of any union at that time. Subsequent to this meeting, a picket line of two men was established and was maintained without any acts of violence, for over nineteen months until halted by a permanent injunction issued by the New York Supreme Court, Appellate Division. The union did not make any demands upon plaintiff to sign a contract or to recognize it as bargaining …
Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Michigan Law Review
In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Michigan Law Review
In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …
Constltutional Law - Labor Unions - Injunction
Constltutional Law - Labor Unions - Injunction
Michigan Law Review
Complainants owned and operated a small cafeteria conducting the business without the aid of any employees. Defendants, a labor union and its president, picketed the cafeteria in an attempt "to organize it." The picketing was carried on by parade of one person at a time in front of the premises, at all times in an "orderly and peaceful" manner. Signs were carried which tended to give the impression that the complainants were "unfair" to organized labor and that the pickets "had been previously employed in the cafeteria." These representations were knowingly false in that there had been no employees in …