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Full-Text Articles in Law

Businesses Subject To The National Labor Relations Act, Joseph H. Mueller Jun 1937

Businesses Subject To The National Labor Relations Act, Joseph H. Mueller

Michigan Law Review

Justice Holmes once remarked that, "the life of the law has not been logic; it has been experience." This observation is illustrated in a striking manner by the recent change in the attitude of the Supreme Court with respect to Congressional regulation of labor relations in the field of production. Holding that the National Labor Relations Act applied to the steel, automobile, and clothing industries, as well as to the agencies of interstate commerce, the Court restated existing doctrine relating to interstate commerce, giving it new direction and content.


Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt Jun 1937

Labor Law - Constitutionality Of State Anti-Injunction Acts - Existence Of A "Labor Dispute", Theodore R. Vogt

Michigan Law Review

Organized labor has long contested the use of the injunction in labor disputes and since the turn of the century has been active in legislative circles to secure statutory relief from the paralyzing effect of the too-freely granted temporary injunction and restraining order. A substantial step forward was the enactment of the Clayton Act by Congress. Similar legislation was adopted by several states, some before and some after the congressional action. However, the expected benefits to labor did not accrue, for the Supreme Court in Duplex Printing Press Co. v. Deering so narrowly construed the statute as to rob it …


Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg Jun 1937

Labor Law -- Legal Status Of Sit-Down Strike -- Legal And Equitable Remedies, Charles C. Spangenberg

Michigan Law Review

The country finds itself infected with a strike rash. Conditions are now like those which previously have resulted in this state of affairs. The midtide of recovery from a depression low has brought rising prices, freer spending, business increase, and speeded up production, but only incomplete relief to labor from depression hours and wages and the later speed-up. Such traditional causes of strikes have been coupled with a new demand for labor recognition. Moreover, a strike now has a much greater chance of success than it would have had at any time within the past several years--a potent stimulant to …


Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White Jun 1937

Constitutional Law - Validity Of Minimum Wage Legislation Under The Fourteenth Amendment, Jack L. White

Michigan Law Review

A state statute provided that it should be unlawful to employ women at wages not adequate for their maintenance, and established a commission to fix wages according to such a standard after a public hearing and a conference of representatives of employees and employers, and disinterested persons representing the public. The appellee was employed as a chambermaid in the hotel of appellant at less than the minimum wage prescribed, and brought suit to recover the difference between these amounts. The state court gave judgment for the appellee, and on certiorari the Supreme Court held that the statute was valid and …


Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller Feb 1937

Constitutional Law -- Interstate Commerce -- Validity Of Federal Statute Prohibiting Interstate Shipment Of Prison-Made Goods, Joseph H. Mueller

Michigan Law Review

The recent decision of the Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. R., provides an effective method of circumventing the doctrine of Hammer v. Dagenhart, which held that Congress may not prohibit the interstate transportation of commodities which are harmless except for their economic effect in the state of destination. It is hailed by the advocates of reform as furnishing an avenue of approach to such problems as the regulation of minimum wages and hours and child labor.


Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review Feb 1937

Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review

Michigan Law Review

The owner of an automobile suffered personal injury and injury to his car when his chauffeur ran into another vehicle. Held, in overruling defendant's demurrer, that an employer has a cause of action against his chauffeur for negligence, there being no grounds. of policy against such an action and there being no joint enterprise and hence no negligence imputed to the employer. Darman v. Zilch, (R. I. 1936) 186 A. 21.


Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard Jan 1937

Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard

Michigan Law Review

Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).