Law Commons^™

Report On An Experiment In Teaching Labor Law, Rankin Gibson

Journal of Legal Education

No abstract provided.

Book Reviews, Samuel M. Fahr, William B. Lockhart, Sanford H. Kadish, Edward C. King, John C. O'Byrne Jr., L. W. Farinholt Jr., Wex S. Malone

Journal of Legal Education

No abstract provided.

The National Labor Relations Board, Guy Farmer

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Bankruptcy--Acts of Bankruptcy--Petition for Dissolution under State Statute

Corporations--Stockholders' Derivative Suits--Equitable Stockholder's Rights under Security Statute

Criminal Law--Evidence--Immunity Statutes

Criminal Procedure--Grand Jury Indictments--Failure of Jurors to Hear All the Evidence as Grounds for Setting Aside Indictment

Domestic Relations--Torts--Action by Wife against Husband for Personal Injuries

Federal Jurisdiction--Scope of Federal Common Law--Characterization of Foreign Statute for Purpose of Applying Federal Constitution

Labor Law--Unfair Labor Practice--Intent to Encourage or Discourage Union Membership by Discrimination

International Law-Reservations To Commercial Treaties Dealing With Aliens' Plights To Engage In The Professions, Alan Reeve Hunt S.Ed.

Michigan Law Review

The question of how far an alien may engage in a profession despite state requirements of citizenship which attach to many professions has not been widely litigated or discussed in this country. Recent action by the United States Senate, however, has created interest in problems presented by commercial treaty provisions which guarantee to alien nationals of many countries the right to engage in professions. Attention has thus been focused on law and policy questions which were formerly of little concern outside of the State Department. On July 21, 1953 the Senate gave its advice and consent to the ratification of …

Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.

Michigan Law Review

In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …

Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.

Michigan Law Review

ln the first of three cases involving employer encouragement of union membership the National Labor Relations Board held that a union had violated section 8(b)(2) of the amended National Labor Relations Act by inducing an employer to refuse to hire a union member who had failed to comply with the union's rules as to job clearances. The Court of Appeals for the Second Circuit rejected the union's contention that the employer's action was not such as to encourage union membership and enforced the Board's order. In the second case a union was found by the board to nave violated section …

Labor Law, Robert S. Mucklestone

Washington Law Review

Covers cases on union discipline and judicial review of union declared law.

Labor And The Schuman Plan, Gerhard Behr

Michigan Law Review

The European Coal and Steel Community of France, Germany, Italy and the Low Countries in full operation since May 1953, is an unprecedented type of a supranational organization, unique in its institutions as well as in its means for creating a single competitive market for coal, iron and steel within the European territories of those participating states.

Aside from the long term political objective of Franco-German rapprochement as the foundation stone for a future Western European political consolidation or even federation, the Schuman Plan encompasses economic as well as social aims. By establishing such a supranational market the Community seeks …

Labor Law--Labor-Management Relations Act--"Captive Audience" Doctrine, George B. Berridge S.Ed.

Michigan Law Review

The day before a representation election was to be held at respondents plant the employees were assembled on the premises during working hours to hear an anti-union address by respondent's president. The union requested but was refused a similar opportunity to address the employees, and it appeared that respondent had in force a rule prohibiting union solicitation on company property. The National Labor Relations Board decided that although the contents of the president's speech were within the privilege of section 8(c) of the amended National Labor Relations Act, in refusing the union's request respondent had applied its no-solicitation rule in …

Labor Law--Labor-Management Relations Act--Disparagement Of Employer's Product As Protected Concerted Activity, George B. Berridge S.Ed.

Michigan Law Review

When contract negotiations between an employer, a Charlotte, North Carolina TV station, and a local union representing the station's technicians reached an impasse, the technicians remained on the job but circulated handbills attacking the inferior quality of the employer's programs. These handbills, which were distributed throughout Charlotte as well as on a picket line which the technicians maintained during their off-duty hours, were signed simply "WBT Technicians" and made no reference to the labor dispute. The company discharged the technicians, whereupon the union filed a complaint with the National Labor Relations Board charging a violation of sections 8(a)(1) and 8(a)(3) …

The Ability Of An Individual Employee To Sue His Employer On A Collective Bargaining Agreement, Jerome D. Adner

Buffalo Law Review

No abstract provided.

Labor Law—State Jurisdjction Pre-Empted, John J. Cooney

Buffalo Law Review

Garner v. Teamsters, Chauffeurs and Helpers Local Union No. 776 (A. F. L.), 74 Sup. Ct. 161 (1953).

Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.

Vanderbilt Law Review

The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …

Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein

Journal of Legal Education

No abstract provided.

Unions: An End Or A Means?, Charles V. Laughlin

Washington and Lee Law Review

No abstract provided.

Labor Law - Use Of Federal Removal Jurisdiction To Defeat State Court Injunction Suits, George B. Berridge S.Ed.

Michigan Law Review

The use of the injunction in labor disputes is by no means a thing of the past. Although equitable relief against union activities is no longer generally available in the federal courts, such relief may often be obtained by application to the courts of the states. In response to state court injunction suits involving parties subject to the National Labor Relations Act, astute union counsel have fairly recently adopted an approach which has thus far achieved some degree of success. This new strategy is simply to remove the case to the appropriate federal district court, where, it is anticipated, the …

Labor Law--Collective Bargaining--Rent On Company-Owned Houses, C. R. M.

West Virginia Law Review

No abstract provided.

Labor Law--Ambulatory Employer--Picketing, R. L. D.

West Virginia Law Review

No abstract provided.

Labor Law - Union Shop - Discharge Of Employee For Refusal To Accept Union Membership, Sherman A. Itlaner S.Ed.

Michigan Law Review

An employee tendered dues and initiation fee to the union which had a union shop contract with her employer. The union then wrote her a letter welcoming her into membership. She replied that although she had tendered dues and initiation fee she was not joining the union. The union thereupon requested her employer to discharge her pursuant to the provisions of their union shop agreement signed under the 1951 amendment to the Railway Labor Act. After going through the regular grievance procedure the matter came before the arbitrator for .final settlement. Held, the union was entitled to demand the …

Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.

Michigan Law Review

Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …

Disestablishment: Nlrb's Waning Remedy And The International Unions

Indiana Law Journal

No abstract provided.

The Need For An Adequate Remedy For The Slowdown

Indiana Law Journal

No abstract provided.

Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.

Michigan Law Review

Respondent, a freight brakeman employed by petitioning railroad at its Jersey City yards, was injured while releasing the hand brakes on a freight car which was being pulled off a car float docked in navigable waters. He brought suit under the Federal Employers' Liability Act, alleging that his injury was caused by a faulty brake mechanism maintained in violation of the Safety Appliance Acts. The suit was dismissed in the district court on the ground that the Longshoremen's and Harbor Workers' Act applied exclusively, because the injury occurred on navigable waters. The court of appeals reversed, holding that this act …

Labor Law - Objects Of Union Action - Organization Of Managers Of Retail Chain Stores As Proper Object, John F. Dodge Jr., S.Ed.

Michigan Law Review

The owner and operator of retail food stores located throughout the nation brought action to enjoin strike activities by the defendant union, which sought recognition as bargaining agent for managers and clerks in the local stores. Both clerks and store managers had been members of the defendant local unions since 1937, and the latter, acting under certification as bargaining representative for both groups of employees under the National Labor Relations Act, had negotiated contracts with the plaintiff covering managers and clerks continuously since that time. Upon the refusal of the plaintiff to include the store managers in the contract, or …

Civil Procedure - Power Of State To Enjoin Its Citizens From Suing In Another State Under The Federal Employers' Liability Act, John S. Slavens S.Ed.

Michigan Law Review

Petitioner was injured in the course of employment with respondent, an interstate railroad, in Ben Hill County, Georgia, the residence of petitioner. Invoking the Federal Employers' Liability Act, petitioner filed suit in Jefferson County, Alabama, where respondent was doing business. Respondent, relying on section 1404(a) of the Judicial Code, initiated an equity action in Ben Hill County, Georgia, to restrain petitioner from continuing his action in Alabama. The trial court sustained a demurrer to respondent's petition. The Georgia Supreme Court reversed, holding that Georgia law gave its courts power to prevent its citizens from bringing vexatious suits. On certiorari from …

Labor Law - Labor-Management Relations Act - Availability Of Injunctive Relief Under Section 301, George B. Berridge S.Ed.

Michigan Law Review

Plaintiff union brought suit in a federal district court under section 301 of the LMRA to enjoin defendant employer from violating a collective bargaining agreement by refusing to give effect to an arbitration award directing the reinstatement of certain employees. On appeal from an order of the district court dismissing the complaint on the ground that the Norris-LaGuardia Act prevented the court from issuing an injunction, held, reversed. Section 301(a) of the LMRA authorizes federal courts to enjoin violations of collective agreements, and the Norris-LaGuardia Act does not forbid the granting of such relief. Milk and Ice Cream Drivers …

Worker's Right To Refuse To Cross A Picket Line, George D. Schrader

Kentucky Law Journal

No abstract provided.

Book Reviews, Ralph F. Fuchs, Thomas Christy Chapin, Schuyler W. Jackson, John A. Bauman, Kenneth S. Carlston, Laurens H. Rhinelander, Mortimer M. Caplin, Clifford C. Alloway, Charles H. Livengood Jr., Albert R. Beisel Jr.

Journal of Legal Education

No abstract provided.

Labor Relations And The Law. Robert E. Mathews, Ed., Charles W. Webster

Buffalo Law Review

No abstract provided.