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Full-Text Articles in Law

The Function Of Legal Philosophy, Roscoe Pound Dec 1960

The Function Of Legal Philosophy, Roscoe Pound

Vanderbilt Law Review

For twenty-four hundred years--from the Greek thinkers of the fifth century B.C. who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control--the philosophy of law has taken a leading role in all study of human institutions. The perennial struggle of American administrative law with nineteenth-century constitutional formulations of Aristotle's threefold classification of governmental power, the stone wall of natural rights against which attempts to put an end to private war in industrial disputes for a long …


Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger Dec 1960

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …


International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman Dec 1960

International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …


E. Blythe Stason, John R. Dethmers Dec 1960

E. Blythe Stason, John R. Dethmers

Michigan Law Review

His extreme modesty and unwillingness to advertise himself or permit others to extol him, his utter unselfishness, and his complete subordination of self and personal interests to those of the University and Law School to which he gave four decades of loyal and devoted service, have combined to leave biographical materials about Dean E. Blythe Stason, except for the most routine accounts, almost nonexistent. Writings by him are amazing in number and scope. Writings about him can scarcely be found. This is not because there is a lack of things to write about him and his many, brilliant accomplishments in …


Dedication, Michigan Law Review Dec 1960

Dedication, Michigan Law Review

Michigan Law Review

A Tribute to E. Blythe Stason


E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers Dec 1960

E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers

Michigan Law Review

The retirement of E. Blythe Stason from the deanship of the Law School of the University of Michigan affords occasion for testimonials to him and to his work, including preeminently his enormous contribution to the improvement of both federal and state administrative law. Imposing as has been his career as the beloved and successful Dean of that superb school, his eminence among the scholars and craftsmen in administrative law was achieved before he began to occupy the Dean's chair and, God willing, he will long continue to lend his strong, skilled hands to the never-ending task of the perfection of …


Article 7 Of The Uniform Commercial Code, Douglass Boshkoff Dec 1960

Article 7 Of The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker Oct 1960

The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker

Indiana Law Journal

No abstract provided.


The Court V. The Legislature: Rule Making Power In Indiana Oct 1960

The Court V. The Legislature: Rule Making Power In Indiana

Indiana Law Journal

No abstract provided.


Fairness And Effectiveness In Administrative Agency Organization And Procedures, Ralph F. Fuchs Oct 1960

Fairness And Effectiveness In Administrative Agency Organization And Procedures, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


Administrative Law—Scope Of Administrative Discretion To Grant Or Deny Licenses, Buffalo Law Review Oct 1960

Administrative Law—Scope Of Administrative Discretion To Grant Or Deny Licenses, Buffalo Law Review

Buffalo Law Review

Gross v. New York City Alcoholic Beverage Control Board,7 N.Y.2d 531, 200 N.Y.S.2d 12 (1960); Barton Trucking Corp. v. O'Connell, 7 N.Y.2d 299, 197 N.Y.S.2d 138 (1959); Swalbach v. State Liquor Authority, 7 N.Y.2d 518, 200 N.Y.S.2d 1 (1960); In re Bologno v. O'Connell, 7 N.Y.2d 155, 196 N.Y.S.2d 90 (1959).


Administrative Law—Certain Situations Require Agencies To Grant Full Hearing, Buffalo Law Review Oct 1960

Administrative Law—Certain Situations Require Agencies To Grant Full Hearing, Buffalo Law Review

Buffalo Law Review

Realty Agency, Inc. v. Weaver, 7 N.Y.2d 249, 196 N.Y.S.2d 953 (1959).


Administrative Law—Tendency Of Court To Modify Administrative Punishment, Buffalo Law Review Oct 1960

Administrative Law—Tendency Of Court To Modify Administrative Punishment, Buffalo Law Review

Buffalo Law Review

Mitthauer v. Paterson, 8 N.Y.2d 37, 201 N.Y.S.2d 321 (1960); Brennan v. Rubino, 8 N.Y.2d 16, 200 N.Y.S.2d 633 (1960).


Disqualification Of Administrative Officials For Bias, Robert N. Covington Jun 1960

Disqualification Of Administrative Officials For Bias, Robert N. Covington

Vanderbilt Law Review

For centuries English and American writers on jurisprudence have been concerned with the problem of the impartial tribunal. With the rise in importance of the administrative agency, which often may function as investigator, prosecutor, and judge in the same proceeding, this concern has found a new focal point.' This note is designed to explore one question arising from the problem of administrative prejudice: When should an administrative official be disqualified from acting because of his bias? In investigating this problem, we shall examine the various formulas developed by the courts before whom disqualification has been urged; call attention briefly to …


The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon Apr 1960

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …


Book Reviews, Laurence H. Eldredge, Henry N. Williams Mar 1960

Book Reviews, Laurence H. Eldredge, Henry N. Williams

Vanderbilt Law Review

Evidence of Guilt: Restrictions Upon its Discovery or Compulsory Disclosure

By John MacArthur Maguire

Boston: Little, Brown &Co. 1959. Pp. xi, 295. $12.50

reviewer: Edmund M. Morgan

=================================

Government and Public Administration

By John D. Millett

New York. McGraw-Hill Book Co. 1959. Pp. x, 477. $7.95

reviewer: Henry N. Williams


Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe Mar 1960

Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe

Michigan Law Review

Petitioner instituted this action before the Tax Court for a review of rulings by the Commissioner of Internal Revenue determining deficiencies in the payment of his income taxes. The Tax Court held that it was not subject to the Administrative Procedure Act and had no means whatever of bringing before it the entire record, so called, that was before the Commissioner. On appeal, held, affirmed. Judicial review of the "whole record" mentioned in section 10 (e) of the Administrative Procedure Act envisages, in the case of adjudication, a review of the record made in cases governed by sections 5, …


Administrative Law - Powers Of Agencies - Right Of Registrant To Withdraw Registration Statement Filed With The Securities And Exchange Commission, John Edward Porter Mar 1960

Administrative Law - Powers Of Agencies - Right Of Registrant To Withdraw Registration Statement Filed With The Securities And Exchange Commission, John Edward Porter

Michigan Law Review

Petitioner filed a registration statement with the Securities and Exchange Commission for an issue of corporate stock. Shares of the same class as those being registered were widely held by members of the public. Petitioner repeatedly amended the statement, so that it had not yet become effective nearly three months after the initial filing. At this time, petitioner sought to withdraw its registration statement. The commission denied the application for withdrawal, and after a hearing, issued a stop order, preventing the statement from becoming effective and indicating its unreliability. On petition for review of the order, held, affirmed. Where …


Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach Feb 1960

Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach

Michigan Law Review

A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.


Recent Decisions, Various Editors Jan 1960

Recent Decisions, Various Editors

Villanova Law Review

No abstract provided.


Needed-Uniform Utility Rate Laws, Robert E. Loew Jan 1960

Needed-Uniform Utility Rate Laws, Robert E. Loew

Cleveland State Law Review

This study consists of an analysis of the statutory standards, court decisions, and utility commission decisions used in fixing telephone or other utility rates, where the same are used regardless of the nature of the utility, in each of fifty-one jurisdictions in the United States.


The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes Jan 1960

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

Publications

No abstract provided.


Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed. Jan 1960

Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.

Michigan Law Review

The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.