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Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Michigan Law Review
The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.
Michigan Law Review
Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …