Law Commons^™

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …

The Law Of Arbitration, Theodore J. St. Antoine

Book Chapters

The law did not look kindly on arbitration in its infancy. As a process by which two or more parties could agree to have an impartial outsider resolve a dispute between them, arbitration was seen as a usurpation of the judiciary' sown functions, as an attempt to "oust the courts of jurisdiction." That was the English view, and American courts were similarly hostile. They would not order specific performance of an executory (unperformed) agreement to arbitrate, nor grant more than nominal damages for the usual breach. Only an arbitral award actually issued was enforceable at common law. All this began …

Ftc V. Jantzen: Blessing, Disaster, Or Tempest In A Teapot?, Thomas E. Kauper

Michigan Law Review

The court concluded that the Finality Act, by repealing the existing provisions for judicial enforcement proceedings in the courts of appeals, deprived it of jurisdiction to act upon the FTC's petition. It also approved earlier decisions holding that the Finality Act procedures were not applicable to orders issued prior to the act's effective date. These two rulings, in combination, indicate that there is no enforcement machinery now applicable to orders issued under the Clayton Act prior to July 23, 1959.

The question remains, however, whether enforcement of the Clayton Act has really been hampered, and, if so, whether the pre- …