Law Commons^™

Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

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

Indiana Law Journal

No abstract provided.

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Separation Of Powers, Fred L. Fox

Washington and Lee Law Review

No abstract provided.

Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague

Michigan Law Review

In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar

Michigan Law Review

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …

The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler

Michigan Law Review

The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …

Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment

Michigan Law Review

In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …