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  Collective Bargaining and the Law

  University of Michigan Law School

  Since 1948 the Law School of The University of Michigan, as a part of its program of public service, has sponsored a series of summer institutes to provide a medium for high-level discussion of legal problems in areas of public concern. In 1950 the subject of the Summer Institute was "The Law and Labor-Management Relations." In 1958 it seemed desirable again to turn to this important field, and the subject selected was "Collective Bargaining and the Law."

  The 1958 Institute brought together a distinguished group of experts in labor relations law and produced a series of papers and comment which, we are confident, will make a substantial contribution in the development of the law relating to collective bargaining. To our principal speakers, commentators, and panel participants we express our gratitude for their generous contribution of time and effort. We acknowledge also, with very great appreciation, our indebtedness to the University Summer Session and to Gilbert A. Montague, Esq., of the New York bar, whose encouragement and continuing financial support have made it possible to conduct the Summer Institute programs.

  The 1958 Institute was sponsored jointly by the Michigan Law School and the Institute of Labor and Industrial Relations (The University of Michigan-Wayne State University).

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  International Law and the United Nations

  University of Michigan Law School

  In June, 1955, the University of Michigan Law School held a six-day Summer Institute dealing with problems of international law and of the United Nations. This was the eighth in the series of annual Summer Institutes dealing with important problems in areas of public concern, often with particular emphasis upon the comparative or international law aspects involved. The 1955 Institute came at the time of the tenth anniversary of the signing of the United Nations Charter on June 26, 1945, and approximately a decade after the termination of hostilities in World War II. The growth of the United Nations during that decade has been paralleled by the increasing interest in international legal studies on the part of law students, law teachers, and practicing lawyers in the United States and elsewhere throughout the world.

  International and foreign law questions will bulk increasingly large in the activities and interests of many practicing lawyers, government officials, and schools in the years ahead. Some familiarity with legal problems and their solution in a context wider than the single state or nation is believed desirable in broadening the horizons of the law student and lawyer, helping him to place familiar rules and practices in a larger perspective, and clarifying his understanding of the domestic legal system with which he is most familiar. If the lawyer, who in American society so often takes a leading part in community and government activities and in the formulation of public opinion and national policy, is to discharge adequately the broader responsibilities of his profession, he must have some acquaintance with international law. International law, as the legal aspect of international relations, calls for the lawyer's skills, the lawyer's attitudes, the lawyer's approach. With the increasing importance both of the United States in world affairs and of international relations to all of us in the United States, it becomes highly necessary to have many persons sufficiently conversant with international law to understand the legal side of the problems arising in our relations with other countries. Recognition of this growing interest in international .studies, and of the importance of bringing work in international law and foreign law more closely to the attention of the great mass of American law students who will form the bar of tomorrow, caused the Ford Foundation to make a noteworthy series of grants to certain American law schools late in 1954 and in 1955 for the promotion of international legal studies. The University of Michigan Law School was among the grateful recipients of such a grant.

  Having these factors in mind, the law school brought together for six days a group of law school teachers of international law, lawyers active in the field, and certain government officials working on international legal topics. The sessions were open to, and participated in by, law students, political scientists working in international law and relations, and interested lawyers. The purpose was to have a mutual exchange of ideas and discussions of new trends and developments. This volume contains the papers delivered and, so far as possible, the substance of the formal discussions which took place.

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  Workshops on Legal Problems of Atomic Energy

  University of Michigan Law School

  In 1952 the University of Michigan Law School, as a part of its summer session program, offered an Institute entitled "Industrial and Legal Problems of Atomic Energy. " The 1946 Atomic Energy Act, creating a virtually complete government monopoly, was then in effect, and private development of peaceful uses of atomic energy was for the most part merely a gleam in the eyes of a few forward-looking individuals. The 1952 Institute was devoted to the task of obtaining a preview of atomic affairs to come. The speakers on the program could do no more than look forward and speculate on developments of the future, yet many of their comments, far from being merely speculative, were remarkably prophetic, and the proceedings of the 1952 Institute served in many respects to point the way with extraordinary accuracy.

  Between 1952 and the present day many exciting things have happened in the development of peaceful uses of atomic energy. The 1954 revision of the Atomic Energy Act has been written into law; the beginnings of a new industry are under way; and members of the legal profession have become increasingly aware of the new and unique legal problems that are to accompany the atomic future. So it seemed eminently desirable to hold a second summer institute for the discussion of the emerging legal problems. The 1956 Institute, the proceedings of which are reported in this volume, consisted of five Workshops, each concerned with a different phase of the subject matter, and the Institute discussions reflect the vast amount of progress that has been made in regard to the legal foundation now being built for atomic enterprise in the United States. The Institute was co-sponsored by the Law School and the American Bar Association Special Committee on Atomic Energy Law, although, of course, neither of the co-sponsors is responsible for any of the Institute conclusions.

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  Lectures on Communications Media Legal and Policy Problems

  University of Michigan Law School

  Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook

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  Lectures on Federal Antitrust Laws

  University of Michigan Law School

  The papers delivered at the 1953 Institute deal chiefly with current problems and policy questions under three major federal antitrust laws - the Sherman Act, the Federal Trade Commission Act, and the Clayton Act, including the Robinson-Patman Amendment. These statutes affect the daily operations of all sizes and types of American business. Judicial interpretations and the administration and enforcement of these laws involve both legal and economic criteria and tests of competition and monopoly. The Institute provided a forum for authoritative analysis of these aspects in order to create a better understanding of the antitrust laws as one of the most important segments of national public policy affecting the relation of government to private business enterprise.

  In bringing about an adjustment of business conduct to the standards of the antitrust laws, the attorneys play a crucial role. For that reason, the Institute program emphasized the responsibility of the private practitioner and the government lawyer who is called upon to give legal counsel in this field of the law. This was done without neglect of fundamental concepts and with due regard for selection of topics and speakers in a manner which sought to achieve a balanced presentation of divergent viewpoints.

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  Lectures on Atomic Energy Industrial and Legal Problems

  University of Michigan Law School

  Since 1948 the University of Michigan Law School has, as a part of its program of public service, sponsored a series of Summer Institutes, intended to provide a medium for high-level discussions of important problems in areas of public concern. The Institutes held in previous years are as follows:

  • The First Summer Institute, July 15-23, 1948, "Current Problems in International Law"
  • The Second Summer Institute, August 5-21, 1949, "Legal Problems of World Trade"
  • The Third Summer Institute, June 26-July 1, 1950, "The Law and Labor-Management Relations"
  • The Fourth Summer Institute, June 25-28, 1951, "Taxation of Business Enterprise"

  The Fifth Summer Institute, held June 26, 27, and 28, 1952, was devoted to the industrial and legal problems arising in connection with peacetime utilization of atomic energy. Both lectures and panel discussions were arranged in order to emphasize specific problems. The Institute was planned primarily to serve executives and legal counsel of businesses which are engaged, or expect to be engaged, in activity involving atomic energy developments. Without attempting to reproduce the Institute proceedings in full, this volume makes available the papers which were presented dealing with atomic energy and its utilization, together with a limited portion of the panel discussions.

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  Lectures on Taxation of Business Enterprise

  University of Michigan Law School

  The problems relating to the taxation of business enterprise cover a wide area. Economic considerations and policy problems, always present and always important, assume added significance in a crisis period marked by high budgets and the need for increased revenues. The interpretation and application of the tax laws, notably the federal income tax statutes, create problems as numerous as they are difficult and complex. Here is an area of interest that challenges the attention and interest of legislators, economists, lawyers, accountants, corporate executives and public administrators.

  In its choice of the general theme for the 1951 Summer Institute and in the development of the program, the committee in charge aimed its efforts at a treatment of the general subject that would take into account the wider aspects of the subject as well as the strictly legal questions. Examination of the table of contents will indicate the range of the topics included in the Institute program. Every student of the general subject, no matter what his area of professional concern, will find his interest attracted to one or more facets of the program as reported in this volume.

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  Lectures on the Conflict of Laws and International Contracts

  University of Michigan Law School

  The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or led by distinguished scholars and outstanding practitioners, to which the students in attendance at the School and the members of the profession are freely invited to participate - the Institute held in conjunction with the Summer Session of 1949 was devoted to an area of wide and increasing importance, the current developments of the laws affecting international trade.

  Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.

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  Lectures on the Law and Labor-Management Relations

  University of Michigan Law School

  The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

  For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major questions of socio-economic policy which necessarily confront the legislator, judge, and lawyer. In recognition of this fact, the program included discussions of significant historical and economic aspects of unionism and collective bargaining.