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Full-Text Articles in Law
Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory
Constitutional Limitations On The Regulation Of Union And Employer Conduct, Charles O. Gregory
Michigan Law Review
This is a discussion of constitutional issues involved in federal and state regulations pertaining to labor. The importance of substantive due process has dwindled away, except in relation to picketing and Jim Crow unionism. The dominant issue has become the exercise of power, in a jurisdictional sense, to eliminate socially injurious practices. During the past half century the Supreme Court has taken almost all possible positions on these matters. Pursuing the ideal of a living document, the Court has retailored the Constitution to suit the political exigencies and the dominant interest pressures of any given time.
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Michigan Law Review
Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Michigan Law Review
During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities …
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Michigan Law Review
Since municipalities are frequently indebted to the permissible extent of the constitutional, statutory, and charter debt limitations, they are constantly seeking methods of finance which avoid the debt limits. Three devices have received judicial sanction. First: Where a separate and distinct. corporation such as a school or drain district has been created it may operate with a separate debt limit over the same territory as the governing municipality. Second: Where the project to be financed is income-producing, the financing bond issue, if made self-liquidating, will not Gome within the debt limitations. Although incorporated authorities have been extensively used to administer …
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Negligence-Imputed Negligence-Action Between Joint Enterprisers, Nancy J. Ringland
Michigan Law Review
Plaintiff and his wife were driving from Michigan to Iowa to visit a certain church to which plaintiff, a minister, was considering a call. Defendant desired to visit a college in Illinois, with the intention of enrolling as a student. It was agreed that defendant should ride in plaintiff's automobile to Illinois, where plaintiff was to help defendant gain admission to the college; later defendant was to return with the plaintiff to Michigan. The parties alternated in driving the automobile on the trip. At a certain stage in the journey, defendant negligently operated the automobile and caused it to become …
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
Michigan Law Review
When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Michigan Law Review
Plaintiff, an administrator appointed by a Michigan court, brought action in New York to recover for the wrongful death in Michigan of his infant daughter. Defendant moved to dismiss on the ground that a foreign administrator had no standing to sue in New York without first obtaining ancillary letters. Held, motion denied. A foreign administrator, suing as a statutory trustee, is entitled to maintain action in New York on the strength of his original letters. Wiener v. Specific Pharmaceuticals, Inc., 298 N.Y. 346, 83 N.E. (2d) 673 (1949).
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Michigan Law Review
Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …