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Prevention Of Antiunion Discrimination In The United States, Theodore J. St. Antoine

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Nearly all rank-and-file employees in private businesses of any substantial size in the United States are protected by federal law against antiunion discrimination. The Railway Labor Act applies to the railroad and airline industries. The National Labor Relations Act (NLRA) applies to all other businesses whose operations "affect [interstate] commerce" in almost any way. Supervisory and managerial personnel, domestic servants, and agricultural workers are excluded from this federal scheme. Separate federal law covers the employees of the federal government. About thirty of the fifty states have statutes ensuring the right to organize on the part of some or most of …

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

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In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.

Should General Utilities Be Reinstated To Provide Partial Integration Of Corporate And Personal Income—Is Half A Loaf Better Than None?, Douglas A. Kahn

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The General Utilities doctrine is the name given to the now largely defunct tax rule that a corporation does not recognize a gain or a loss on making a liquidating or nonliquidating distribution of an appreciated or depreciated asset to its shareholders. The roots of the doctrine, can be traced to a regulation promulgated in 1919 that denied realization of gain or loss to a corporation when making a liquidating distribution of an asset in kind. No regulatory provision existed which specified the extent to which realization would or would not be triggered by a nonliquidating distribution such as a …

Promise Fulfilled And Principle Betrayed, James J. White

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My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

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A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.

Taxation And U.S. Multinational Investment, James R. Hines Jr.

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In 1985, nonbank U.S. multinational companies employed 24.5 million workers, had worldwide sales of almost $3.5 trillion, and net income of $150 billion on assets of $4.2 trillion. The foreign (non-U.S.) affiliates of these companies had 6.4 million employees, $900 billion of those sales, and $43 billion of net income, with assets of $838 billion. United States multinationals accounted for roughly three-quarters of total American merchandise exports in 1985 and half of total imports, with approximately 40 percent of each category arising from transfers within U.S. multinationals between American parent firms and their own foreign affiliates. And 1985 is widely …

Representing Children, Donald N. Duquette

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The Child Protection Law, MCLA 722.630, and the Juvenile Court Rules, MCR 5.915 (B)(2), require the Juvenile Court to appoint an attorney for the child in child protection proceedings. Although the child protection law identifies some of the expectations of the child's counsel,t many questions remain. What does it mean to be a good child advocate in these cases? How does one identify the best interests of the children? What is the place of the child's wishes in identifying the goals of the advocate? Beyond the letter of the law, what ought to be the proper role of the child's …

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

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Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

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There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …

Adr And The Dispossessed: Recent Books About The Deformalization Movement Symposium On Informal Dispute Resolution, Richard Delgado

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No abstract provided.

Projection Crystallography, Alan Pomplun

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The birefringent properties of many crystalline substances can create vivid collages when combined with polarized illumination. High magnification photographs of these patterns can be produced simply without the use of a microscope or other expensive equipment. The technique involves projecting an enlarged crystal pattern with a condenser enlarger onto 35mm film.

Civil Rule 52(A): Rationing And Rationalizing The Resources Of Appellate Review, Edward H. Cooper

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My text is a single and rather simple sentence from Rule 52(a) of the Federal Rules of Civil Procedure: Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. My theme is equally simple.. Rule 52(a) serves a vital institutional role in allocating the responsibility and the power of decision between district courts and the courts of appeals. The "dearly erroneous" standard of appellate review established by the Rule is a …

Andrew M. Walkover: 1949-1988, Thomas A. Green

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I knew Andy Walkover best as a student. I met him first in my evidence class at the University of Michigan. He was the "sixties type" in the left rear corner who, especially at first, was too often absent but had the most interesting things to say when he came to class. I did not realize it at the time, but Andy was just beginning to discover his vocation. Andy was a rare law student. He was interested in many things, but he would not let others set the agenda for his interests; in particular, he would not let an …

State-Interest Analysis In Fourteenth-Amendment "Privacy" Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider

Articles

Asked to resolve a social issue, Americans today turn readily to rights and to the Constitution that is understood to embody them. Many "vice" issues have long been thought particularly apt for a rights analysis. A constitutional resolution of vice issues is therefore inevitably a possibility, and its wisdom is inevitably a question. In this essay, I want to address that question by investigating an area of the law that has been recently constitutionalized family law. Family law is an example worth studying because rights thinking has won a considerable prominence in it: The Constitution has been used to transform …

Andrew Walkover, Terrance Sandalow

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One of the pleasures of teaching, less frequently experienced than most of us care to admit, is the sense that one has made a contribution to a student's intellectual development. Another, even rarer, is the experience of encountering a student who contributes to one's own intellectual development. Andy was, for me, a source of both kinds of pleasure, though I am more confident that I am justified in the latter than in the former.

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

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proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

The Decline Of The Contract Market Damage Model, James J. White

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In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.

Andrew M. Walkover, Richard O. Lempert

Articles

I knew Andy Walkover best as a student. I met him first in my evidence class at the University of Michigan. He was the "sixties type" in the left rear corner who, especially at first, was too often absent but had the most interesting things to say when he came to class. I did not realize it at the time, but Andy was just beginning to discover his vocation.

Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews

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In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …

Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper

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This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …

Automatic Generation Of A Legal Expert System From A Normalized Interpretation Of Legal Rules, Layman E. Allen

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No abstract provided.

Involved Consumers And Advertising Involvement, Katrina Lawlor

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The question of consumer involvement has at times taken on the appearance of a theoretical quagmire. The proliferation of definitions apart, this confusion has been exacerbated by the failure to distinguish adequately between advertising and consumer involvement. The research outlined in this article attempts to probe the possible relationship between these two discrete entities. It takes as a starting point Kassarjian's postulate of a generalised trait of purchasing involvement. This novel and as yet untested trait in consumers is cross tabulated with the levels of advertising involvement exhibited by these same consumers in a series of paint advertisements broadcast on …

Company Turnaround Strategies: A Context For Marketing, James Wrynn, Timothy O'Mahony

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This article considers the literature on corporate turnaround. It examines the nature of decline as well as the causes and the various indicators of decline. Following this Hofer’s now well-established framework of analysis for the development of a turnaround strategy is described. This analysis falls into two stages: firstly, an assessment of current operational and strategic health of a firm and secondly, a consideration of turnaround options which may incorporate strategic and/or operational change. This model is then assessed in the context of a number of Irish firms in a turnaround situation. Important issues in turnaround strategy, such as management …

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky

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The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

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No abstract provided.

Foresight And The Law Of Servitudes, Stewart E. Sterk

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The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …

The Incredible, Incomparable Incarnation, Harold Willmington

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No abstract provided.

Law And Enchantment: The Place Of Belief, Joseph Vining

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The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what …

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

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As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …

Prosperity Theology : A Slot-Machine Religion, Harold Willmington

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No abstract provided.