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Articles 481 - 510 of 510
Full-Text Articles in Law
Labor Law-Applicability Of The Lea Act To Activities Of The American Federation Of Musicians, W. J. Schrenk, Jr.
Labor Law-Applicability Of The Lea Act To Activities Of The American Federation Of Musicians, W. J. Schrenk, Jr.
Michigan Law Review
Defendant, acting as president of a local union of the American Federation of Musicians, requested a new contract with a broadcasting station licensed by the Federal Communications Commission, including a provision that the licensee hire three extra musicians, raising to six the total number of musicians employed. When negotiations regarding this provision failed, defendant withdrew from the licensee's services the three musicians (members of the A.F. of M.) already employed by it. An action was, then brought to prosecute defendant under the amendment to the Federal Communications Act, popularly known as the Lea Act, which prohibits the use of threats …
A New Phase Of The Antitrust Law, Robert W. Harbeson
A New Phase Of The Antitrust Law, Robert W. Harbeson
Michigan Law Review
The divergence between the economic and legal concepts of monopoly and the consequences thereof have been emphasized by various writers in recent years. Monopoly in economics means control of the market; that is, the ability of a seller by increasing or decreasing his output to affect the price of the product sold. Moreover, monopoly is recognized as being a matter of degree, depending upon the number of buyers and sellers of a commodity and the availability of adequate substitutes, ranging from pure monopoly through duopoly, oligopoly and monopolistic competition. By contrast, as Professor Mason has pointed out, "The term monopoly …
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Legal Control Of Medical Practice: Validity And Methods, Kenneth C. Sears
Michigan Law Review
Legislators have deemed it necessary, in order to protect the public interest, to exercise some control over the practice of the healing art by physicians, surgeons, chiropractors, osteopaths, dentists, etc., both as to who may practice and in what manner the practice may be carried on. Legislators have also required, in certain situations, that designated persons submit to medical treatment. Both types of regulation give rise to various legal and constitutional problems and it is the purpose of this paper to discuss some of these problems.
Trade Regulation: The American Medical Ass'n Case
Trade Regulation: The American Medical Ass'n Case
Indiana Law Journal
Notes and Comments: Trade Regulation
Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson
Michigan Law Review
Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …
Trade Restraints - Resale Price Maintenance - Use Of Competitors As Agents, Michigan Law Review
Trade Restraints - Resale Price Maintenance - Use Of Competitors As Agents, Michigan Law Review
Michigan Law Review
Masonite Corporation, the principal defendant, manufactured and sold for construction purposes a patented wood product known as "hardboard." The other defendants sold, and many of them manufactured, building materials, several having patents that competed with Masonite. After a short period of patent litigation between Masonite and one of its chief competitors, a plan was devised and gradually extended to the other defendants, by which the latter were constituted the del credere agents of Masonite to sell its product at prices and according to terms which it should establish. The agents were not to use the trademarks of Masonite; and the …
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Michigan Law Review
In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …
Antitrust During National Emergencies: I, Thomas K. Fisher
Antitrust During National Emergencies: I, Thomas K. Fisher
Michigan Law Review
In this article an examination will be made of the effect of previous national emergencies upon the enforcement and substantive content of the antitrust law. The extent to which the problem as presently constituted has counterparts in the past will be noted. Following the historical survey, consideration will be given to the several steps already taken to accommodate the law to the conditions of an economy in a war of world dimension. In conclusion, suggestions will be made for resolving certain aspects of the problem as yet unsatisfactorily answered. Before entering into a discussion of the past emergencies, a brief …
Res Judicata And Conspiracy Cases Under The Sherman Act, Forrest Revere Black
Res Judicata And Conspiracy Cases Under The Sherman Act, Forrest Revere Black
Kentucky Law Journal
No abstract provided.
Constitutional Law - Commerce Clause - Federal Trade Commission - Jurisdiction Over Intrastate Commerce Affecting Interstate Commerce, John C. Johnston
Constitutional Law - Commerce Clause - Federal Trade Commission - Jurisdiction Over Intrastate Commerce Affecting Interstate Commerce, John C. Johnston
Michigan Law Review
Appellee, an Illinois corporation engaged in manufacturing and selling candy within the state of Illinois, used in marketing its product a method of "break and take" packages involving an element of chance. The Federal Trade Commission had found that this practice constituted "unfair competition" and had ordered one hundred twenty of appellee's competitors who were engaged in interstate commerce to cease using it. The commission issued a like order against appellee on the theory that its activities, although wholly intrastate, "affected" interstate commerce. Appellee appealed from the order, contending that the Federal Trade Commission Act did not authorize the commission …
Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review
Trade Restraints - Associations Of Manufacturers To Combat Style Piracy - Illegal Restraints Of Trade, Michigan Law Review
Michigan Law Review
In order to combat the practice of "style piracy" among competitors, a large number of producers of women's coats and dresses formed an association, whose membership was composed of designers, manufacturers, and distributors. Producers adjudged copyists by the association were not permitted membership. The clear purpose of the association was primarily to boycott retailers who refused to deal solely with members of the association, and secondarily to boycott, and eliminate competition from, the copyists. In addition there was provided a system of registration for designs made by members, and a judicial type of machinery for protecting the designers' interest therein. …
Price Fixing Agreements And The Sherman Act
Price Fixing Agreements And The Sherman Act
Indiana Law Journal
Notes and Comments: Trade Regulation
Jurisdictional Disputes And The Sherman Act- United States V. Hutcheson
Jurisdictional Disputes And The Sherman Act- United States V. Hutcheson
Fordham Law Review
No abstract provided.
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge
Michigan Law Review
There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Is The Anti-Trust Law Anti-Labor?, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Patents - Right Of Patentee To Restrict Manufacture, Use, And Sale Of Patented Device, Collins E. Brooks
Michigan Law Review
The patent laws of the United States grant to a patentee the "exclusive right to make, use, and vend the invention or discovery . . . throughout the United States and the Territories thereof . . . . " Much litigation has arisen over the extent of the monopoly thus granted a patentee, but even at this late date it is not too clearly defined. The question came up anew in the case of General Talking Pictures Corp. v. Western Electric Co., where the owner of a patent on a device used in sound reproduction and broadcast reception had …
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Constitutional Law-Resale Price Maintenance -Fair Trade Acts, Joseph H. Mueller
Michigan Law Review
Four cases upholding the validity of the California and Illinois Fair Trade Acts were recently sustained by the United States Supreme Court. All four cases involved a similar set of facts. Plaintiffs, the owners or authorized distributors of certain well known trade-marked articles, entered into a series of contracts with wholesalers and retailers fixing the resale prices of their branded products. When defendants, certain retailers who had refused to enter into such agreements, persisted in reselling the articles below the prices stipulated in the contracts with other retailers, plaintiffs sued to enjoin them under the provisions of the state Fair …
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Trade Restraints-Trade Associations-Open Price Agreements- Sugar Institute Case
Michigan Law Review
The Sugar Institute case, decided March 30, 1936, in a unanimous decision by the Supreme Court, has been eagerly awaited by those interested in 'the limits and possibilities, under the anti-trust laws, of so-called self-regulation by industry through permissible activities of trade associations. The decision has been reported to affect some 2,000 trade associations. The case presented such a diversity of practices that any decision in it gave great promise of answering some of the many perplexing questions growing out of the enforcement of the anti-trust laws, which could not heretofore be answered from the decided cases. The fact that …
Contracts-Arbitration-Sherman Act
Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock
Federal Anti-Trust Law And The National Industrial Recovery Act, Howard E. Wahrenbrock
Michigan Law Review
The economic struggle for existence - the competitive system - which has been principally depended upon to equate the production and consumption of economic goods, is not self-sustaining. Extreme forms of that struggle - engrossing, forestalling, regrating, contracts in restraint of trade, monopoly, unfair competition, to mention some forms at the higher stages of legal development - have had to be restrained by law. Their restriction has been called for to protect the poor and economically weak from oppression by the rich and economically powerful; under a system of complete laissez faire, competition would bring about the elimination of the …
Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs
Book Review. Keezer, D. M. And May, S., The Public Control Of Business, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff
Michigan Law Review
Carriers - Second Cummins Amendment - It was seven years after the Carmack Amendment of the Hepburn Act of i9o6 before the Supreme Court began that series of decisions, extending from Adams Express Co. v. Croninger, 226 U. S. 491 (1913), to George N. Pierce Co. v. Wells, Fargo & Co., 236 U. S. 278 (1915), which directly resulted in the First Cummins Amendment of March, 1915. One has only to read those cases, reviewed in 13 Micn. L. REv. 59o, and other notes referred to in 17 MICH. L. Rzv. 183, to see that the language of the Cummins …
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
What has been said in the preceding part of this discussion addresses itself to the proposition that the SHERMAN Act does not mean what the District Court assumed it to mean. Naturally, such a negative discussion must be preliminary to a consideration of the more .comprehensive question "What does the SHERMAN ACT mean?" For, of course, even if the theory of the law upon which the District Court based its judgment was erroneous, still that fact would be of little or no practical importance if any tenable theory of the law were to justify the judgment.
New Interpretation Of The Sherman Act, Clarence E. Eldridge
New Interpretation Of The Sherman Act, Clarence E. Eldridge
Michigan Law Review
Generally speaking, there never has been any serious disagreement as to the purpose of the SHERMAN ACT. Everyone -friends and foes, judges and economists, lawyers and laymen- admits that it was enacted with a view to foster competition, or, as Justice HARLAN put it in the Northern Securities case,' "to prescribe the rule of free competition."
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Some Reflections On The Law As To Monopoly Of Trade, S S. Gregory
Michigan Law Review
Paul and the other apostles were brought before the Council of Israel for preaching the doctrines of Christ contrary to the mandates of that body. Gamaliel, a Pharisee and a doctor of the law, stood up in the Council and said: "Ye men of Israel, take heed to yourselves what ye intend to do as touching these men. And now I say unto you, Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought; but if it be of God, ye can not overthrow it; lest haply …
Recent Interpretation Of The Sherman Act, George W. Wichersham
Recent Interpretation Of The Sherman Act, George W. Wichersham
Michigan Law Review
The only legitimate end and object of all government is the greatest good of the greatest number of the people. The means by which this end is attained vary in accordance with the experience and the temperament of the people. Government is necessarily more or less of an experiment at all times, but as men have been making similar experiments ever since the dawn of recorded history, the waste of repeating unsuccessful experiments of the past may be avoided by studying the records of the results of earlier effort; and, other things being equal, all thoughtful persons will agree, that …
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus
Articles
After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.