Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin
Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin
Michigan Law Review
The drafters of the Revised Act have sought to resolve the confrontation of policy objectives in part by insisting that the decision maker refrain from off-the-record communications with any of the parties to the proceeding. However, there are a number of ambiguities in the act which indicate that it may be possible for state agencies to avoid this objective. Furthermore, implementation of the policy decisions of the drafters may prove to be undesirable for the overall operation of state administrative agencies. This comment will consider these two possible criticisms of the Revised Model Act and will suggest that changes be …
Bankruptcy--Bank Paying Depositor's Check After His Adjudication In Bankruptcy Is Liable To Trustee For Amount Of Check--Bank Of Marin V. England, Michigan Law Review
Bankruptcy--Bank Paying Depositor's Check After His Adjudication In Bankruptcy Is Liable To Trustee For Amount Of Check--Bank Of Marin V. England, Michigan Law Review
Michigan Law Review
Prior to filing a voluntary petition in bankruptcy, which is an automatic adjudication of bankruptcy, depositor delivered five checks to Eureka Fisheries drawn upon depositor's account in appellant Bank of Marin. Six days after the filing, Eureka Fisheries presented the checks to appellant and received payment. Appellee, depositor's trustee in bankruptcy, did not notify appellant of the bankruptcy proceedings until after appellant had honored the checks. An order was sought by appellee from the referee in bankruptcy requiring appellant, or in the alternative Eureka Fisheries, to return the amount of the honored checks to the bankrupt's estate. The referee issued …