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Articles 811 - 830 of 830
Full-Text Articles in Labor and Employment Law
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.
Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis
Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis
Michigan Law Review
Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …
"Extra Time For Overtime" Now Law, Frank E. Cooper
"Extra Time For Overtime" Now Law, Frank E. Cooper
Michigan Law Review
The Fair Labor Standards Act of 1938 presents a great many legal and practical problems of importance commensurate with the comprehensiveness of the act itself, which is probably the most far-reaching of the New Deal statutes since the N. R. A. The act is conceived on the theory that any physical handling of goods destined to be subsequently shipped to another state is an act so closely and substantially related to the flow of interstate commerce as to be subject to Congressional regulation, and thus depends for its validity upon an extension of the theories approved in the Wagner Act …
The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman
The Wagner Act Decisions And Factual Technique In Public Law Cases, Ralph F. Fuchs, Walter Freedman
Articles by Maurer Faculty
No abstract provided.
Constitutional Law-Validity Of State Anti-Injunction Legislation
Constitutional Law-Validity Of State Anti-Injunction Legislation
Michigan Law Review
The development of organized labor in the United States has created difficult legal and social problems with which the courts and the legislatures are required to deal. The courts were the first to deal with these problems and, rightly or wrongly, attempted to apply to them the existing rules of law. For instance, the rules of property law have been applied. Where organized labor interfered with the carrying of the mail, it was said that the federal government had a property right in the mails. Where the carrying on of a business was interfered with, it was held that the …
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Collective Labor Agreements Under Administrative Regulation Of Employment, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
National Industrial Recovery Act - President's Re-Employment Agreement - Injunction By Labor Union
Michigan Law Review
Plaintiff, a Wisconsin labor union, was granted a temporary injunction restraining defendant shoe company, a party to the President's Re-employment Agreement, from "further interference with the right of its employes to organize into unions of their own free will and choice" and from "interfering with . . . the freedom of its employes in the designation of representatives of their own choice for the purpose of bargaining collectively" with the company. The court decided that defendant had violated its agreement with the President to comply with section 7 (a) of the National Industrial Recovery Act. This last was based on …
Workmen's Compensation Act-Occupational Disease
Workmen's Compensation Act-Occupational Disease
Indiana Law Journal
No abstract provided.
Legislation - Wisconsin Unemployment Insurance Act
Legislation - Wisconsin Unemployment Insurance Act
Michigan Law Review
Culminating years of activity in its state legislature, Wisconsin on January twenty-eighth adopted the Groves Bill (Bill No. 8, A) providing for compulsory unemployment insurance, the first legislation of the sort to be enacted in the United States. For a discussion of unemployment insurance measures introduced at the 1931 legislatures see 30 MICH. L. REV. 410 (January, 1932). The compulsory plan is to become operative July 1, 1933, unless Wisconsin employers employing more than 175,000 workers in the state have by that date established approved voluntary insurance systems.
Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper
Insolvency Statutes Preferring Wages Due Employees, Paul G. Kauper
Michigan Law Review
Insolvency statutes of a majority of American states and the bankruptcy acts of the United States and England allow a preference to the claims of employees for wages accruing prior to the employer's insolvency or bankruptcy. Related types of legislation such as statutes creating an absolute lien on the employer's property to secure payment of wages, giving a preference to the employees of a deceased employer in the administration of his estate, exempting the wages of laborers from attachment or garnishment, making stockholders of a corporation individually liable for debts representing wages due employees, allowing employees to interpose their claims …
Derecho Social, Mario Díaz Cruz
Derecho Social, Mario Díaz Cruz
Index of Cuban Law and Jurisprudence / Indice a la Legislación y Jurisprudencia Cubana
Derecho Social. Decreto 798 de 1938.
Legislation - Unemployment Insurance Bills
Legislation - Unemployment Insurance Bills
Michigan Law Review
The ever-present problem of unemployment is today particularly acute. The ultimate aim, of course, must be to put an end to unemployment. But achievement of this aim is not in sight, and in the meantime we are set the task of mitigating, so far as possible, the sufferings incident to unemployment. The laissez-faire attitude toward social problems is passing, and an increasing opinion accepts this task of mitigation as resting on society. In 1908 Sir William Beveridge was able to write: "There has been thus a steady, if gradual, growth of the sense of public responsibility for the case of …
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Due Process Of Law In State Labor Legislation, Pt. 2, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
Labor Legislation Under The Treaty Power
Labor Legislation Under The Treaty Power
Michigan Law Review
Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …
American Legislation For The Adjustment Of Industrial Disputes, Carl I. Wheat
American Legislation For The Adjustment Of Industrial Disputes, Carl I. Wheat
West Virginia Law Review
No abstract provided.
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler
Articles
Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …
Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck
Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck
Michigan Law Review
The Tight of a Trade Union to Enforce a Boycott; Criminal Responsibility of Husband for Maliciously Slandering His Wife; The Bulk Sales Laws; The Police Power and Liberty of Contract; The Obligations Resulting from an Indorsement, In Blank, Before Delivery, of a Negotiable Instrument
Labor Organizations In Legislation, Jerome C. Knowlton
Labor Organizations In Legislation, Jerome C. Knowlton
Articles
During the first months of the current year, the Supreme Court of the United States handed down three decisions on important questions in labor legislation.1 The Employers' Liability Act was declared unconstitutional, but on grounds that may be avoided by subsequent legislation; the boycott was decided to be an unlawful conspiracy against interstate commerce, and in violation of the Anti-Trust Act and the congressional enactment providing criminal punishment for the discharge of an employee because of his membership in a labor organization was also held unconstitutional. These decisions have been unjustly spoken of by some, as unreasonably severe on labor …
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
The Constitutionality Of Federal Legislation Concerning Employer And Employee Engaged In Interstate And Foreign Commerce, Carl V. Wisner
Michigan Law Review
To what extent does the relation of employer and employee, when engaged in interstate or foreign commerce, come within the regulating power of Congress? The power of Congress to legislate concerning employer and employee, where the service is rendered in interstate or foreign commerce, has been recently questioned in several important Federal decisions. The ground on which such legislation has been challenged is that it is an attempt by Congress to regulate what is not commerce, that "creating new liabilities growing out of the relations of master and servant on the one hand and regulating commerce on the other are …
Labor And Capital Before The Law, Thomas M. Cooley
Labor And Capital Before The Law, Thomas M. Cooley
Articles
The chief concern of every political society is the establishment of rights and of adequate securities for their protection. In America, it has been agreed that this shall be done by the people themselves; they shall make their own laws, and choose their own agents to administer them. But the obvious difficulty of doing this directly has been recognized, and the people, after formulating the charter of government, incorporating in it such principles as they deem fundamental, content themselves with delegating all powers of ordinary legislation to representatives. Notwithstanding this delegation, much direct legislation of a very effective and important …