Workers' Compensation Law Commons^™

The Guaranteed Annual Wage And Unemployment Compensation, Ernest J. Eberling

Vanderbilt Law Review

The recent demands of the CIO unions for the guaranteed annual wage have aroused considerable interest in this issue among those concerned with labor-management relations. Several factors have accentuated this interest. First, during 1954 when these demands were being pressed with considerable vigor, a recession had developed,resulting in a considerable increase in unemployment levels. Second, these demands were made on mass production industries manufacturing durable goods which are subject to wide variations in demand and output during periods of cyclical change. Third, the recent proposals are taking a form quite different from the existing plans, namely, they propose an integration …

Interstate Aspects Of Unemployment Insurance, Emmett Conner, Charles K. Cosner

Vanderbilt Law Review

State-operated systems of unemployment insurance, first instituted in the United States in Wisconsin in 1932, were set up in all of the states, and in the District of Columbia, Hawaii and Alaska within the two years following the enactment in 1935 of Titles III and IX of the Social Security Act.' Mutual problems of administration and of coordination among the various state programs led to a series of conferences of state officials charged with the operation of the systems. These early conferences were informal in nature, but steps were taken looking toward the creation of a formal organization. With the …

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Labor Law And Workmen's Compensation -- 1954 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

Labor Law is best defined, perhaps, as that body of law which is directed toward, and peculiar to, the various incidents of the employer-employee relationship, whether viewed individually or collectively.' In this sense it includes all laws, such as those on workmen's compensation, wages and hours and unemployment insurance, setting forth the rights and limitations of the individual employee as against the employer (directly or indirectly), as well as those concerned with union organizational activity and collective bargaining.

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Workmen's Compensation, John M. Cate

Vanderbilt Law Review

A review of the past year in Workmen's Compensation in Tennessee must of necessity take into account any legislative change in the Compensation Act itself' as well as trends disclosed through the decisions of the courts. The modern development and growth of this new theory, that of liability without fault, make pertinent the inquiry. Although a development of one generation, the theory of Workmen's Compensation is now almost universal in application. Under it, industry bears its fair share of the cost of injuries to workers, without any reference to fault or blame or negligence, where there is a reasonably apparent …

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …

Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr.

Vanderbilt Law Review

Since the introduction of workmen's compensation laws in this country, problems of conflict of laws have been rife. This condition has continued despite the universal adoption of such legislation, because the enactments of the various states differ. State legislatures have varied as to the bases of coverage written into their statutes. Frequently, the terms of more than one workmen's compensation law express coverage of a particular injury. Consequently, problems of the law applicable to a given injury have arisen in many cases and have been widely treated by legal writers.' It is not the purpose of this Note to delve …

Legal Aspects Of Allergy, Doran E. Perdue

Vanderbilt Law Review

Discussions of allergy have appeared frequently in medical journals and treatises' but only rarely in legal periodicals and treatises. In recent years, however, allergy and problems of hypersensitivity have become increasingly important in law. Whether this is due to the fact that a greater number of persons today are actually allergic because of new products and processes, or whether it is because there is today a better understanding of allergy cannot be categorically stated. Perhaps it would be safe to assume that the increased number of allergy cases is due in some measure to a combination of both causes.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorney and Client--Unauthorized Practice of Law--Drafting of Legal Instruments by Realtors

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Bailments--Bailee for Hire--Validity of Contract Provision Limiting Liability for Negligence

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Brokers (Real Estate)--Statement that Principal Might Take Less than List Price as Breach of Fiduciary Obligation--Breach as Defense to Action for Commission

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Corporations--Preferred Stock--Cancellation of Accrued Dividends by Charter Amendment

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Criminal Law--Evidence--Admissibility of Uncommunicated Threats under Plea of Self-Defense

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Domestic Relations--Consortium Right of Wife to Sue for Loss Due to Negligent Injury to Husband

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Eminent Domain--Lessee as Condemnor--Requirement that Compensation be Given for Improvements to Land Made by Lessee

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Evidence--Unanswered Letters--Admissibility on …

Cross-Examination Of Neuropsychiatric Testimony In Personal Injury Cases, Hubert W. Smith

Vanderbilt Law Review

Trial lawyers are well aware that fully 50 to 60% of all civil litigation involves some claim of physical or psychic disability. Purely physical disabilities are extremely difficult to evaluate but when the allegedly disabling symptoms are of psychic origin, wholly or in part, legal tribunals require the most competent illumination the mental sciences can provide if error and imposition are to be minimized. The purpose of the present presentation is not to impugn the mental sciences but rather to ask whether any astringent principles exist for shrinking extravagant testimony. The intelligent counsel does not aspire to annihilate and atomize …