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Full-Text Articles in Law
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Vanderbilt Journal of Transnational Law
CHOICE OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION
By Okezie Chukwumerije
Westport, Connecticut: Quorum Books, 1994. Pp. 219.
Arbitration at the municipal level is becoming more frequently used because it is regarded as a more expeditious process for resolving disputes. In the realm of labor relations, for instance, arbitration is often the dispute resolution method of choice and is incorporated in numerous collective agreements. In an arbitration the two parties usually select an arbitrator and jointly pay the costs of the process. In the collective agreement or contract, the parties stipulate the terms of the procedure that generally bind the arbitrator, …
Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch
Alternatives To The United States System Of Labor Relations: A Comparative Analysis Of The Labor Relations Systems In The Federal Republic Of Germany, Japan, And Sweden, Linda L. Rippey, David H. Brody, Patrick S. Bryant, Thomas T. Crouch
Vanderbilt Law Review
This Special Project Note analyzes the labor relations systems of the Federal Republic of Germany, Japan, and Sweden, focusing on the statutory developments as well as the social, political, and economic factors that shape those systems. Parts II through IV discuss the general structure and operation of each of these systems. Part V compares and contrasts these systems to the American system by applying them to a hypothetical corporate merger. Finally, Part VI discusses the feasibility of a partial or total adoption of any of the three foreign systems by the United States.
Deference Of Jurisdiction By The National Labor Relations Board And The Arbitration Clause, Alan C. Rosser
Deference Of Jurisdiction By The National Labor Relations Board And The Arbitration Clause, Alan C. Rosser
Vanderbilt Law Review
In 1935, when the Wagner Act was passed, arbitration was not used extensively as a method of settling labor disputes. Most parties to labor disputes relied on the National Labor Relations Board (NLRB) or the courts as means of settlement, rather than binding themselves to the decision of an arbitrator.' Gradually, however, with the increased avail-ability of more skilled arbitrators and the acute awareness of the costs of outside solution, arbitration has become a highly popular method of settling labor disputes. It is estimated that 94 percent of all collective bargaining agreements now provide for arbitration of grievances not settled …
Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff
Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff
Vanderbilt Law Review
One of the most striking developments in labor relations during the past fifteen years has been the rapid increase of both employment and union organization in the public sector. In 1950, there were approximately 6 million public employees; today there are over 10 million, over three quarters of whom work on the state and local level. It is estimated that 1.5 million of these government employees are members of various union organizations, a sixty per cent increase over the past ten years. As a result of this growth, public employees have increasingly sought and gained organizational and bargaining rights parallel …
The Establishment And Administration Of Pension Plans In The Labor Relations Process, Robert J. Hickey
The Establishment And Administration Of Pension Plans In The Labor Relations Process, Robert J. Hickey
Vanderbilt Law Review
The purpose of this article is to analyze the role of pension plans' in the labor relations process. The earliest pension plans had their origin in the early nineteenth century and were pioneered by fraternal associations established and operated by and for the employees. The advent of unions on the labor scene resulted in the union, instead of the fraternal association, administering the program. As for employer pension plans, the union leaders feared that such programs were only a devious employer's device to prevent unionization. Thus, prior to World War II, employer pension plans were usually unilaterally instituted. However, beginning …
The Question Of Union Activity On Company Property, William B. Gould
The Question Of Union Activity On Company Property, William B. Gould
Vanderbilt Law Review
Trade unionism is not an accepted principle in this country today...
The National Labor Relations Act maintains an encouragement of its "practice and procedure" as a basic policy of the United States. Yet there is a pronounced disparity in atmosphere between many established collective bargaining relationships and industries or regions which are nominally unionized or unorganized. Since Congress has chosen to proscribe a good deal of picketing of an organizational and recognitional nature in the Landrum-Griffin amendments to the act it is quite likely that the grounds for union-management combat will shift in this area somewhat to less specifically regulated …
Labor Law -- 1963 Tennessee Survey, Paul H. Sanders, Harvey Couch
Labor Law -- 1963 Tennessee Survey, Paul H. Sanders, Harvey Couch
Vanderbilt Law Review
I. ARBITRATION PROCESS
An active area of litigation today is concerned with the interrelation of the judicial process and the arbitration process in the settlement of labor disputes. It was observed in last year's survey that the Supreme Court of the United States had "embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements"' since the landmark decision in the Lincoln Mills case.
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II. PICKETING
The Labor-Management Reporting and Disclosure Act of 1959 amended section 8(b) of the National Labor Relations Act to make it an unfair labor practice for …
Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel
Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel
Vanderbilt Law Review
It is refreshing to find among the myriad of volumes on trial practice published in recent years one which neither assumes that cases are tried in an emotional vacuum, where nothing but concrete facts and abstract propositions of law can influence the jury, nor deteriorates into a personal reminiscence on the part of the author of past court-room victories with the simple instruction to the reader to go and do likewise. Obviously a widely experienced courtroom practitioner, Mr.Gazan seldom utilizes that background directly for purposes of illustration; rather he draws from it general propositions applicable to courtroom procedure, which he …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
Living the Law By Frank E. Cooper Indianapolis: The Bobbs-Merrill Company, Inc., 1958. Pp. xv, 184. $7.50.
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Shared Government in Employment Security By Joseph M. Becker New York: Columbia University Press, 1959. Pp. 501. $6.50.
Labor Relations In The Atomic Program, David B. Johnson
Labor Relations In The Atomic Program, David B. Johnson
Vanderbilt Law Review
As in other areas of the United States program, the most pervasive influence in labor relations in atomic energy has been the federal government. The non-government sector is expanding rapidly in terms of the number of companies launching atomic energy operations, but this expansion is still in the exploratory and research and development stage. During this period of development in the private sector of the industry employers have relatively heavy need for engineering and technical skills and less for manual workers who are more susceptible to union organization. Although some problems for management and labor in the private sector of …
Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.
Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.
Vanderbilt Law Review
The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …
Some Procedural Problems In Arbitration, Benjamin Aaron
Some Procedural Problems In Arbitration, Benjamin Aaron
Vanderbilt Law Review
By training and experience, lawyers are accustomed to deal with problems within a well-defined procedural framework. Familiarity with established rules of conduct, however archaic and nonsensical they may be, apparently does not breed contempt; on the contrary, it seems to enhance the average lawyer's feelings of security and self-confidence. Conversely, he is apt to become uneasy, irritable, even indignant, when compelled to function within a system of loose and flexible procedures, inconsistently applied according to a logic that to him is at best obscure and often inscrutable. The attorney who is not a labor relations specialist, and who only occasionally …
Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)
Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)
Vanderbilt Law Review
Military Justice under the Uniform Code
By James Snedeker
Boston: Little, Brown and Company, 1953. $15.00.
reviewer: Reginald C. Harmon
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Conscription of Conscience
By Mulford Q. Sibley and Philip E. Jacob
Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.
reviewer: A. B. Butts
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Theft, Law and Society
By Jerome Hall
Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.
reviewer: Rollin M. Perkins
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Freedom of the Press in England 1476-1776
By Fredrick S. Siebert
Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.
reviewer: Stanley D. Rose
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Wage-Hour Law: Coverage
By Heiman …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
BOOK NOTES
The Law of Trusts
By Ralph A. Newman
Brooklyn: The Foundation Press, Inc., 1949. Pp. xi, 452. $4.50
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Estate Planning
By Joseph Trachtman
New York: Practicing Law Institute. 1949 Edition. Paper bound. Pp. i, 170. $2.00
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BOOKS RECEIVED
The Case of General Yamashita
By A. Frank Reel
Chicago: University of Chicago Press, 1949. Pp. v, 324. $4.00
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Cases and Materials on Commercial Law
By Hugh W. Babb and Carl B. Everberg
Brooklyn: The Foundation Press, Inc., 1949. Pp. iii, 963. $6.00
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Cases and Materials on Law and Accounting
By Donald Schapiro and Ralph Wienshienk …