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Full-Text Articles in Legal History

Relationship Between Free Choice And Labor Board Doctrine: Differing Empirical Approaches, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett Jan 1984

Relationship Between Free Choice And Labor Board Doctrine: Differing Empirical Approaches, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett

Faculty Scholarship Series

In Union Representation Elections: Law and Reality [hereinafter cited as Law and Reality], we examined the desirability of continued National Labor Relations Board (NLRB) regulation of pre-election campaigning. Our central finding, based upon a study of thirty-one elections and interviews with over a thousand employees, was that unlawful campaigning has no greater effect on employee voting behavior in union representation elections than does lawful campaigning. Hence, we recommended that the Board should no longer attempt to distinguish between lawful and unlawful campaigning; that the results of an election, once conducted, should be final; that speech should be wholly free; and ...


Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett Jan 1981

Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett

Faculty Scholarship Series

In Union Representation Elections. Law and Reality (hereinafter
Law and Reality without cross-reference), we examined the desirability
of continued National Labor Relations Board (NLRB) regulation
of pre-election campaigning. Our central finding, based upon a
study of thirty-one elections, and interviews with over 1000 employees,
was that unlawful campaigning has no greater effect on employee
voting behavior in a union representation election than does
lawful campaigning. Hence, we recommended that the Board
should no longer attempt to distinguish between lawful and unlawful
campaigning; that the results of an election, once conducted, should
be final; and that speech should be wholly free ...


Learned Hand's Contribution To The Law Of Tax Avoidance, Marvin A. Chirelstein Jan 1968

Learned Hand's Contribution To The Law Of Tax Avoidance, Marvin A. Chirelstein

Faculty Scholarship Series

The extent to which taxpayers are free to minimize their tax obligations
by choosing one legal form rather than another as the vehicle for a
transaction or relationship has preoccupied lawyers and administrators
since the inception of the federal income tax. There is a common
awareness among practitioners that different legal procedures will
often lead to different tax consequences, although in economic terms
the end results are essentially the same. In selecting the form in which
a proposed business transaction shall be cast, therefore, it is said to
be vital for the tax planner to consider and evaluate "all of ...


Commonwealth V. Hunt, Walter Nelles Jan 1932

Commonwealth V. Hunt, Walter Nelles

Faculty Scholarship Series

This article will survey a landmark of American labor law. It will
be prefaced by a short recapitulation of general views which have been
developed at length in another article.'
The handful of American labor cases before 1850 are striking illustrations
of the nature of some law as an index of social direction-an
index less like a compass showing direction in relation to some fixed
lodestar of human harmony than like a weather-vane-harder to read,
however, since the true direction of the wind it swings to is not always
clear. Each of the cases showed a complex force resulting from ...


The First American Labor Case, Walter Nelles Jan 1931

The First American Labor Case, Walter Nelles

Faculty Scholarship Series

THE yeast which was to raise the labor injunction was working
vigorously in 1877.1 But some of its earlier ferments are also
informing to the student of the subsequent product. Before 1877
there had not, in this country, been many instances of resort to
the courts in labor troubles.2 To contemporary observation they
may have seemed to affect the lives and fortunes of employers
and workmen only locally and for brief periods. But their
existence as history has had effect upon modern law. The chemistry
of the forces which pressed upon the courts in labor cases--
hopes, desires ...


A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles Jan 1931

A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles

Faculty Scholarship Series

THE study from which this paper proceeds is an attempt to
understand the labor injunction in the light of its comparatively
brief history.
The questions of labor law are indissociable from the question
of what Madison called "the most difficult of all political
arrangements"-that of so adjusting the conflicting claims of
those with and those without property "as to give security to
each and to promote the welfare of all." To deal with them
on the basis only of what is contained in law books is to miss
many factors which have influenced the judgments both of courts
and ...


The Connecticut Compensation Act, George E. Beers Jan 1914

The Connecticut Compensation Act, George E. Beers

Faculty Scholarship Series

Connecticut is a proverbially conservative State and rarely has
been the first to take up innovations. In adopting an act providing
compensation for injured workmen, she has had the advantage
of the experience of other countries and other American
States. More than three decades ago she took the same course
in framing a system of reformed procedure and availed herself of
the experiments which had gone before.
The Workmen's Compensation Act will doubtless require and
undergo important amendments before it reaches its final form.
As it stands now, it represents some of the best features of the
system which ...


Contracts Exempting Employers From Liability For Negligence, George E. Beers Jan 1898

Contracts Exempting Employers From Liability For Negligence, George E. Beers

Faculty Scholarship Series

The negligence, real and imaginary, of employers of labor,
gives rise to a large proportion of the lawsuits of every industrial
community. Such actions are among the contingencies which
are expected and in recent years commonly insured against. To
avoid the expense of casualty insurance and the risks of not
insuring, the wit of the employer has devised various schemes
which have from time to time come before the courts. They
are intended to furnish a sort of cheap insurance. It is the
object of this article to bring in review some of the principal
authorities and seek what answer ...