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Labor and Employment Law

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Articles 481 - 491 of 491

Full-Text Articles in Supreme Court of the United States

Justice Murphy And The Welfare Question, Leo Weiss Feb 1955

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

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Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed. Nov 1953

Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.

Michigan Law Review

Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …

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Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes Jun 1951

Book Reviews, George H. Pickar, Edward L. Barrett Jr., Rudolph Heitz, Charles E. Corker, Warren M. Ballard, W. F. Zacharias, Stefan A. Riesenfeld, Julius Cohen, Charles A. Reynard, Robert Kingsley, Jacob D. Hyman, James Lake, Arthur W. Stokes, Francis A. Allen, Paul A. Freund, Richard W. Jennings, Joseph E. Goodbar, Kenneth Redden, James A. Rahl, Charles L. B. Lowndes

Journal of Legal Education

No abstract provided.

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Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos Mar 1950

Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos

Journal of Legal Education

No abstract provided.

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Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed. May 1949

Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.

Michigan Law Review

The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.

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The Divided Supreme Court, 1944-1945, C. Herman Pritchett Dec 1945

The Divided Supreme Court, 1944-1945, C. Herman Pritchett

Michigan Law Review

The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …

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In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe Jun 1943

In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe

Michigan Law Review

Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …

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Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson Jun 1943

Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson

Michigan Law Review

The Fair Labor Standards Act was upheld by the Supreme Court as a valid exercise of the commerce power in United States v. Darby. By expressly overruling Hammer v. Dagenhart and limiting the application of Carter v. Carter Coal Co., the Court recognized that production is not to be divorced from commerce and extended greatly the range of Congressional control over substandard labor conditions through exercise of the commerce power. There remained, however, the determination of the coverage of the act, which is essentially a problem of statutory delineation in the application of the act to particular fact …

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The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iii Jan 1923

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iii

Michigan Law Review

The conundrum, "When is a tax not a tax?" received in Bailey v. Drexel Furniture Co. the answer: When from the face of the statute it appears that a prohibitory or regulatory penalty has been imposed for a departure from a detailed and specified course of conduct in business. Over the dissent of Mr. Justice Clarke, the court condemned as not an exercise of the federal taxing power a provision in the Revenue Act of 1918 imposing an excise of ten per cent of the net profits on all enterprises employing children under designated ages or in excess of designated …

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Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus Jan 1918

Inducing Breach Of Agreement By Employees Not To Join A Labor Union, In Order To Compel Unionization Of Plaintiff's Business, Horace Lafayette Wilgus

Articles

In Hitchnan Coal & Coke Compazy v. John Mitchell, et al., (Dec. 10, 1917), 38 Sup. Ct. 65, the novel question was presented to the Supreme Court of the United States, as to whether or not members of a labor Union could be enjoined from conspiring to persuade, and persuading, without violence or show of violence, plaintiff's employees, not members of the Union,-and who were working for plaintiff not for a specified time, but under an agreement not to continue in plaintiff's employment if they joined the Union, this agreement being fully known to defendants,-secretly to agree to join the …

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Labor Organizations In Legislation, Jerome C. Knowlton Jan 1908

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 …

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