Law Commons^™

Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly

St. Mary's Law Journal

Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …

Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson

St. Mary's Law Journal

Abstract Forthcoming.

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

An Examination Of Violence In The Farm Labor Dispute, November 26, 1973, Assembly Select Committee On Farm Labor Violence

California Assembly

No abstract provided.

Labor Law--Safety Disputes--Walkouts Under Section 502 Of The Taft-Hartley Act, Bert Michael Whorton

West Virginia Law Review

No abstract provided.

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

============================

Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

Affirmative Action: Quotas And Traditional University Standards With Particular Emphasis On The Role Of The Department Chairman, William D. Wheeler

IUSTITIA

The higher educational institution is often an exclusive citadel. Students are selected after close scrutiny of past achievements. Teachers as merchants of ideas, virtues, and cosmic thoughts are invited to membership only after certain academic passports have been acquired. These eligibility criteria are established by the faculty who, presumably, are the only ones capable of assessing reasonable standards for those seeking admission. Colleges and universities are closed sub-communities. They practice discrimination while giving lip service to liberal thought, knowledge, and enlightenment. It comes, therefore, as little surprise to clear thinkers that the house of intellect leads the parade of culprits …

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

An Examination Of Violence In The Farm Labor Dispute, October 2, 1973, Assembly Select Committee On Farm Labor Violence

California Assembly

No abstract provided.

An Examination Of Violence In The Farm Labor Dispute, October 1, 1973, Assembly Select Committee On Farm Labor Violence

California Assembly

No abstract provided.

Cleveland Board Of Education V. Lafleur, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Geduldig V. Aiello, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Espinoza V. Farah Mfg. Co., Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Merrill Lynch, Pierce, Fenner & Smith V. Ware, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Corning Glass Works V. Brennan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

A Little Bit More On Collyer Insulated Wire, Michael J. Zimmer

Indiana Law Journal

No abstract provided.

Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman

Indiana Law Journal

No abstract provided.

A Response To Professor Getman, George Schatzki

Indiana Law Journal

No abstract provided.

In Defense Of Academic Judgment: A Comment, Maurice C. Benewitz

Buffalo Law Review

No abstract provided.

Employment At Will And The Law Of Contracts, Dennis M. Hyatt

Buffalo Law Review

No abstract provided.

Public Sector Collective Bargaining: Perspective And Legislative Opportunities, Ronald C. Brown

William & Mary Law Review

No abstract provided.

Labour Relations And Public Policy: Perspectives On The Future, Robert W. Cox

Dalhousie Law Journal

What follows is an attempt to look at salient emerging issues for public policy in the labour relations field using a global framework so as to place the North American situation within the world-wide picture. It is now trite and superficial to speak of global "interdependence" in politics, economics and ecology. The concept "interdependence" implies a spurious equality, which diverts from and tends to obscure the dominancies and dependencies of global power relations.

The Nova Scotia Trade Union Act, 1972, Innis Christie

Dalhousie Law Journal

The much amended Trade Union Act of Nova Scotia' has been redrafted with a number of substantive changes. This note is simply to alert lawyers to the changes, and to some extent, to attempt to explain the reasons for them.

Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player

Scholarly Works

The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards.

Problems In Upholding The Standard For Female Employees., Michael H. Bailey

St. Mary's Law Journal

Abstract Forthcoming.

Recent Development: Comment, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Labor Law--The National Labor Relations Board Redefines And Restricts The Scope Of Managerial Employee Classification, Law Review Staff

Vanderbilt Law Review

The National Labor Relations Act (NLRA)' provides that certain classes of employees are excluded from the Act's coverage of bargaining unit formation and employee activity. The National Labor Relations Board has added to this unprotected category two classifications of employees--those who are engaged in management policy formulation or effectuation (managerial employees) and those who assist management in the formulation of labor relations policies (confidential employees)--because of their close affiliation with management. The concept of managerial employee, however, has not been defined precisely and thus has given rise to considerable confusion when applied in various factual settings. In two recent Board …

Recent Developments, Law Review Staff

Vanderbilt Law Review

Preservation of internal union solidarity through the exercise of disciplinary power over members has been recognized as an essential prerequisite to maintenance of a strong bargaining position vis-a-vis management.' Therefore, courts have afforded unions relative freedom to discipline members who violate rules of internal union government. Somewhat different principles of union discipline, however, are applied to members who occupy supervisory positions with the employer.' The employee-member is loyal primarily to his union, but the loyalty of the supervisor-member ultimately is two-dimensional:' he is loyal to the union by virtue of his union membership and to the employer by virtue of …