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Reflections On The House Of Labor, Lee Modjeska Oct 1988

Reflections On The House Of Labor, Lee Modjeska

Vanderbilt Law Review

Much has been said of the deteriorating condition and possible fall of the house of labor.' This Essay contains some idiosyncratic reflections on certain aspects of the situation. Contrary to the mainstream of thought, my suspicion, to use Justice Frankfurter's words, is that those"economic and social concerns that are the raison d'etre of unions"remain dominant in our society, that unionism may be inevitable if not indispensable, and that our days of relative labor calm may be ending.National labor policy repeatedly has recognized the reality of modern society, viewed against a long history of industrial unrest, that a union is essential …


Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman Jan 1988

Jurisdiction By Necessity: Examining One Proposal For Unbarring The Doors Of Our Courts, Tracy L. Troutman

Vanderbilt Journal of Transnational Law

Although the usually proclaimed goals of the United States legal system are "fair play and justice," a person who is injured in some way, who feels that he has had his rights violated, or who seeks to enforce a business agreement, may not necessarily have a remedy in its judicial system. Often a court may claim it lacks power to hear a case because it does not have jurisdiction over the defendant or the subject matter of the suit. Another motive of a court for refusing to hear the case may be simply the necessity to clear its docket. One …