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The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …

Carbon Fuel: An End To The "Best Efforts" Duty By International Unions To Get Wildcat Strikers Back To Work?, Janne Castleberry

Mercer Law Review

The United States Supreme Court in Carbon Fuel Co. v. United Mine Workers held that an international union or its regional subdivision cannot be held liable to an employer for damages resulting from a "wildcat strike"' because it failed to use its best efforts to bring about an end to the unauthorized work stoppage. This holding reflects an effort by the Court to resolve the long standing conflict among the circuits on this issue.

Plaintiff, a coal mine owner and operator, originally brought suit against three local unions of the United Mine Workers of America (UMWA), UMWA District 17 and …

Longshoremen's Embargo Of Soviet Goods: A Secondary Boycott Or A Political Protest?, Jeffrey L. Caddell

Mercer Law Review

In January of 1980 the International Longshoremen's Associaton, (ILA), boycotted any and all material destined for or originated from the Soviet Union. The boycott was announced as a political protest of the Soviet invasion of Afghanistan. Not surprisingly, the boycott spawned several lawsuits contesting the legality of the union action: New Orleans Steamship Ass'n v. Longshore Workers; Baldovin v. ILA and Walsh v. ILA. This comment will focus on these three decisions and their treatment of three major issues: first, whether the boycott is within the commerce jurisdiction of the National Labor Relations Board (NLRB); second, whether the …

The New Anti-Intellectualism In American Legal Education, Francis A. Allen

Mercer Law Review

Legal education in the United States is passing through its winter of discontent. Those who are new to the law schools-students and young instructors-are likely to be unaware of how recently and precipitously the present mood developed. Even those who have known the law schools longer may by now have forgotten the confidence and euphoria that were characteristic attributes of the schools until no more than a decade ago.

The Economic Effects Of Monopoly: A Lawyer's Guide To Antitrust Economics, David R. Kamerschen

Mercer Law Review

Four factors were influential in my decision to write this survey paper summarizing what economists believe theoretically and have found empirically to be the major economic (and noneconomic) effects of monopoly. First, in my work as an expert witness in antitrust cases representing both private parties and public bodies, I have found a glaring lacuna in the minds of some judges, a number of lawyers and most jurors in the area of antitrust economics. Second, this feeling has been fortified by my guest lectures in antitrust law courses; while the students are bright and the teacher dedicated, an acceptable level …

State Government In International Trade, Richard J. Allen

Mercer Law Review

The aim of this article is to review an international trade program as conceived, planned, and conducted by a state government in the United States. The program example selected is that of the State of Georgia.

I. HISTORY OF THE PROGRAM

The current program of activities of the State of Georgia in the field of international trade was begun in 1971 under the leadership of Louis W. Truman, Lieutenant General (United States Army, Retired), who was then Commissioner of the Georgia Department of Community Development. This state department, in common with such departments in many states of the United States, …

Cooperative Federalism In International Trade: Its Constitutional Parameters, Harold G. Maier

Mercer Law Review

Traditionally, governmental activity to encourage and facilitate export trade and to encourage direct investment in the United States by foreign entrepreneurs has been the responsibility of the national government, especially the Departments of State and Commerce. During the last five years, however, a significant and growing role is being played by the governments of the several states in developing their own programs and policies to stimulate international trade and investment. This activity includes not only the more traditional advertising of opportunities but the active on-the-spot solicitation of business opportunities abroad. This solicitation is carried on by direct contact between state …

Migratory Labor--Some Legal, Economic And Social Aspects, William S. Tyson

Mercer Law Review

For the past year, the farmers of our country have been called upon to produce the largest crops in our history. As one official of the United States Department of Agriculture has stated, "This is really a remarkable goal in view of the fact that our farm production in nine out of the last twelve years has either set a new record for production or has equalled the record then existing." Agricultural production is as essential in our present mobilization effort as it was in World War II. It is, therefore, imperative that this nation increase its supplies of agricultural …

Legal Education In Georgia, John W. Moreland

Mercer Law Review

In the spring of 1950, the writer of this report visited the law schools of Georgia on behalf of the Survey of the Legal Profession. These visits were pursuant to the plan for the survey of legal education in America, including all schools whether or not they were approved by the American Bar Association. There are three schools in Georgia which are approved by the American Bar Association and are members of the Association of American Law Schools. They are the Walter F. George School of Law of Mercer University, Macon, Georgia; the Lamar School of Law of Emory University, …

Can Administrative Handling Of Labor Problems Bring Industrial Peace?, E. Kontz Bennett

Mercer Law Review

The American bar has frequently criticized the everincreasing use of administrative agencies to handle legal problems. On the other hand, the bar itself has frequently been criticized by the lay public for its failure to expand legal machinery and legal concepts so as to meet a rapidly changing world. The bar, known for its ability to appraise honestly its own shortcomings, has often posed this question: "Would the administrative agencies be so frequently and consistently set up by law-making bodies if they did not supply a real need?"