Transportation Strike Control Legislation: A Congressional Challenge

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional resolution on an ad hoc basis

REGULATION OF BUSINESS-SHERMAN ACT-CONSCIOUS PARALLELISM OF ACTION

Plaintiff attempted to lease first-run films from defendants, major motion picture distributors, for his new theater located six miles from downtown Baltimore in a suburban shopping center. When the defendants, acting separately, refused to make first-run leases to plaintiff, he brought an action for treble damages and an injunction, alleging that he had been injured by a national conspiracy to restrict first-run features to downtown theaters. Plaintiff contended that his showing of conscious parallelism of action on the part of the defendants established an antitrust violation as a matter of law, and that the only question left for the jury was the amount of damage. On certiorari, held, the question of whether an antitrust conspiracy should be inferred from conscious parallelism is factual and therefore is properly submitted to the jury. Theatre Enterprises v. Paramount Film Distributing Corp., 346 U. S. 537, 74 S. Ct. 257 (1954)

THE LEGAL BASIS FOR MUNICIPAL INCOME TAXES IN MICHIGAN

The purpose of this article is to explore the legal difficulties which might beset a Michigan municipality attempting to impose an income tax. Because of the similarity of some of these difficulties to those encountered in other jurisdictions, it is hoped that this study will be useful outside of as well as within the state of Michigan

Regulation of Business - Proof of Seller\u27s Costs in Robinson-Patman Act Buyer Proceedings

The purposes of this comment are to analyze the holding of the Court in the Automatic Canteen case and to relate the language of the opinion to the more general problem of defining the extent of buyer responsibility under section 2(f). As a preliminary matter, however, it is necessary to examine the pertinent statutory provisions. Section 2(f) of the Robinson-Patman Act makes it unlawful for buyers in interstate commerce ... knowingly to induce or receive a · discrimination in price which is prohibited by this section. In other words, it prohibits buyers from knowingly inducing or receiving the benefit of price discriminations as they are defined by the rest of the section

International Law - Sovereign Immunity - Act of State

In 1953 the government of Peru authorized the issuance of scrip certificates to holders of certain of its bonds. Plaintiffs were members of a class of former bondholders who were not among the distributees of the scrip under the terms of the Peruvian enabling act. They alleged that they were entitled to share in the scrip by reason of contracts with the government of Peru and that defendants tortiously had induced Peru to breach these contracts by excluding the plaintiffs from the terms of the legislative enactment. The defense interposed was that litigation of the cause would make it necessary for the court to pass on the validity of an act of a foreign government, and that this is beyond the power of the court. On appeal from an order to strike this defense, held, reversed. The validity of the acts of one sovereign government cannot be adjudicated in the courts of another; the defense therefore should be allowed. Frazier v. Foreign Bondholders Protective Council, Inc., 125 N.Y.S. (2d) 900 (1953)

Contracts - Consideration - Effect of Option to Withdraw Government Surplus Property from Sale

The Office of Surplus Property accepted defendant\u27s bid for a quantity of sodium carbonate. Submitted on the appropriate government form, the bid was subject to a condition which gave the government . . . the right to withdraw from sale any property prior to the removal thereof without incurring any liability except to refund to the purchaser any amount paid with respect to the said property. Although the sodium carbonate had not been withdrawn from sale, the defendant refused to perform his promise to buy it. The government brought an action for damages, and the defense was that no contract existed because there was no mutuality of obligation. Held, the contention that the contract lacked mutuality was without merit. United States v. Weisbrod, (7th Cir. 1953) 202 F. (2d) 629

TAXATION-FEDERAL INCOME TAX-AUTOMOBILE RECEIVED AS PRIZE IN SALES AGENCY DRAWING NOT INCOME

An automobile agency, as a means of publicizing its new models, advertised that it would give a new car to one of the persons visiting its showroom on a certain day. When plaintiff visited the showroom on the day specified, an employee of the agency took her name, wrote it on a slip of paper, and deposited it in a barrel. Plaintiff\u27s name was drawn from the barrel and she received the automobile. Plaintiff did not include the value of the prize in computing her gross income for tax purposes, and a deficiency was assessed against her. Unsuccessful in her claim for a refund, plaintiff brought an action to recover the deficiency assessment. The court held: the automobile was a gift under section 22(b)(3) of the Internal Revenue Code and plaintiff therefore had properly excluded its value in computing her gross income. Bates v. Glenn, (D.C. Ky. 1953) ll4 F. Supp. 445

Workmen\u27s Compensation - Injuries at Home Arising Out of and In the Course of Employment

Plaintiff was employed as defendant\u27s bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband\u27s oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff\u27s employment for which compensation should be given. On appeal, with the state supreme court evenly divided, four to four, held, affirmed. Joe Ready\u27s Shell Station and Cafe v. Ready, (Miss. 1953) 65 S. (2d) 268 (1953)

Transportation Strike Control Legislation: A Congressional Challenge

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional resolution on an ad hoc basis

THE LEGAL BASIS FOR MUNICIPAL INCOME TAXES IN MICHIGAN

The purpose of this article is to explore the legal difficulties which might beset a Michigan municipality attempting to impose an income tax. Because of the similarity of some of these difficulties to those encountered in other jurisdictions, it is hoped that this study will be useful outside of as well as within the state of Michigan