Law Commons^™

Mandamus To Review Administrative Action In West Virginia, Ray Jay Davis

West Virginia Law Review

Limitation by law of governmental action and legal responsibility of officials are ramparts in defense of constitutional democracy. The American people expect all branches of government-executive and legislative, as well as judicial-to protect us against arbitrary official action. Lawyers, however, are primarily interested in judicial restraints and limitations upon officialdom. This article is an examination of the West Virginia law concerning one of the methods used by courts to control administrative officers-the writ of mandamus.

Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich

Michigan Law Review

Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …

Civil Procedure On The American Frontier, William Wirt Blume

Michigan Law Review

The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.

Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.

Michigan Law Review

The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …

Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.

Michigan Law Review

In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …

The Availability Of Written Instructions To The Jury In Indiana

Indiana Law Journal

No abstract provided.

A Look At The Policy Making Powers Of The United States Supreme Court And The Position Of The Individual, F. D. G. Ribble

Washington and Lee Law Review

No abstract provided.

Criminal Contempt: Violations Of Injunctions In The Federal Courts

Indiana Law Journal

No abstract provided.

The Federal Courts And Indirect Criminal Contempt, Philip L. Peeler

Vanderbilt Law Review

The purpose of this note will be to deal with one method of implementation, i.e., the use of the court's power to punish for criminal contempt particularly in regard to decrees, and the extent to which and under what circumstances persons not directly named in those decrees may be subjected to punishment for conduct of a criminal nature which interferes with the enforcement of those decrees...

Judicial decisions which conflict with settled moral and ethnological convictions are not translated overnight into effective standards of acceptable behavior. The decisions, however, must be implemented.'The purpose of this note will be to deal …

Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.

Michigan Law Review

Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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

COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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

COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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

CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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

DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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

FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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

TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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

TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

Free Speech, Due Process—And Contempt, Gordon L. Walgren

Washington Law Review

The power of a court to punish summarily for contempt has been likened to be "the nearest [thing] akin to despotic power of any power existing under our form of government." On the other hand, it has been praised as an inherent necessity if the courts are to exercise their functions properly. The balancing of these two considerations has perplexed the courts which have dealt with the contempt cases as they have come up through the years; that is, whether to limit the power, thereby possibly sacrificing judicial decorum and standing, or to allow it to remain unlimited as an …

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …

The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis

West Virginia Law Review

When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …

Abstracts Of Recent Cases, M. J. P.

West Virginia Law Review

No abstract provided.

Irregularities In The Selection Of Grand Juries, W. A. K.

West Virginia Law Review

No abstract provided.

The Motion For A Directed Verdict In Indiana: An Evaluation Of Present Standards

Indiana Law Journal

No abstract provided.

Volume 24 (1955-1957)

Tennessee Law Review

No abstract provided.

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Articles

The plaintiff in a civil cause ordinarily is permitted to select the persons with whom he will litigate. The initial designation of parties to an action is made by the plaintiff, and if he chooses to sue B and not A,' that is ordinarily of no concern to B or to A or to the court. So also where the plaintiff without A as co-plaintiff sues B. Not always, however, is the plaintiff permitted unfettered choice in naming the parties to his lawsuit. On the one hand there are persons whose relationship to the situation in litigation is outside the …

Prejudicial Error: Admissions And Exclusions Of Evidence In The Federal Courts, Robert W. Gibbs

Villanova Law Review

No abstract provided.

Constitutional History Of Ohio Appellate Courts, Lee E. Skeel

Cleveland State Law Review

The right of appeal, using the word appeal in the broad sense now given it in the Appellate Procedure Act of Ohio, contemplates the removal of a case after judgment or final order, from a court of inferior jurisdiction to a court of higher jurisdiction, in the judicial process for retrial or review. Appeal, particularly on questions of law, is not the procedure intended to be depended on in the first instance to win a lawsuit. Appellate courts were provided in order to protect against trial court mistakes which result in substantial prejudice, or in the denial of justice to …

Kansas Labor Law And District Court Injunctions, Dan Hopson Jr.

Articles by Maurer Faculty

No abstract provided.

Pecuniary Interest Of Justices Of The Peace In Kentucky; The Aftermath Of Tumey V. Ohio, Kenneth Vanlandingham

Kentucky Law Journal

No abstract provided.

Domestic Relations--Family Courts, Jesse S. Hogg

Kentucky Law Journal

No abstract provided.