Law Commons^™

Economic Aspiration And Method, Jesse W. Markham

Vanderbilt Law Review

The topic I have chosen concerns the changing nature of organized economic enterprise, especially its social and legal environment. By organized economic enterprise I shall mean any economic entity in which decision-making is essentially composite rather than individual, of which business corporations and labor unions are the most obvious and, in terms of impact on the total economy, the most important. But by the criterion employed--decisions are essentially composite rather than individual--the average household consisting of at least one wife and husband surely falls within its ambit. Nor do I mean to imply that organized economic enterprise can be assessed …

Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington

Vanderbilt Law Review

This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.

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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Nlrb - Fepc?, Jeffrey M. Albert

Vanderbilt Law Review

One potential agency in the attack on racial discrimination in employment is the National Labor Relations Board. The President has indicated that substantial reliance will be placed on that agency for the vindication of Negro rights in areas of employment not covered by Executive Order 10925. Less than a year. ago the board's approach in this area was cautious and its proper role ill-defined and speculative.' Within the past year, however, the NLRB has moved rapidly by sharpening four, possibly five, anti-bias remedies. Three have roots in early NLRB decisions. The fourth is new. The fifth, resurrection of which has …

Unfair Labor Practices, Individual Rights And Section 301, Irving Kovarsky

Vanderbilt Law Review

On December 10, 1962, the United States Supreme Court, in Smith v. Evening News Ass'n, established several principles of law which may rival the well-known decision of Textile Workers Union v. Lincoln Mills in importance. The purpose of this comment is to examine the far-reaching implications of Evening News and related Supreme Court decisions.

Labor Law -- 1962 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Two decisions during the survey period involve implementation of rights under collective bargaining agreements. These Tennessee decisions interrelate with other decisions in an area of labor law that has been developing with astonishing rapidity since the Supreme Court of the United States embarked on the project of fashioning a body of federal common law governing the enforcement of collective bargaining agreements in the famous Lincoln Mills decision in 1957. It has been determined that rights under collective bargaining agreements, where the parties would be subject to the Taft-Hartley or Labor-Management Relations Act of 1947, arise under this federal common law." …