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Full-Text Articles in Law

Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz Nov 1949

Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz

Michigan Law Review

The confusion of terminology in our administrative law is a natural result of the manner in which that branch of law has developed. "The use of terms in administrative law exemplifies its most characteristic element-that it did not spring from a single source but has its roots in many places." The administrative process has not evolved according to a fixed plan; "thus far our Administrative Law has largely 'growed' like Topsy." With the haphazard habit characteristic of our political life, individual administrative agencies have been created as and when the need for them arose, without any logical system. The form …


Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed. Jun 1949

Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed.

Michigan Law Review

Plaintiff, an American citizen, was employed by defendant contractor to work on construction in Iraq carried on under a contract with the United States. Plaintiff brought suit in New York for overtime pay under the Federal Eight Hour Law applying to work done under "Every contract made to which the United States ... is a party .... " A verdict for the plaintiff was upheld by the New York Court of Appeals. On certiorari to the United States Supreme Court, held, reversed. In absence of contrary intent, legislation is presumed to apply only within the territorial jurisdiction of the …


Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed. May 1949

Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.

Michigan Law Review

The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.


Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review Apr 1949

Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review

Michigan Law Review

A Review of ANTITRUST LAWS, ET AL. V. UNIT OPERATION OF OIL OR GAS POOLS By Robert E. Hardwicke.


Limitations On Congressional Investigation, George Meader Apr 1949

Limitations On Congressional Investigation, George Meader

Michigan Law Review

Increasingly, federal laws embodying far-reaching national policies are being couched in broad and general terms. The effect of this type of legislation is to place wide discretionary powers in administrative officials and to throw upon the courts an immense burden of interpretation in applying general principles to specific factual situations. There have been sensational instances of hasty passage of corrective legislation made necessary by court decisions interpreting a poorly worded law in a way Congress did not intend, such as the portal-to-portal and overtime-on-overtime decisions. Meanwhile, the practicing lawyer is at a loss to advise his clients of the effect …


Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert Mar 1949

Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert

Michigan Law Review

Having viewed the fundamental problems, it is pertinent to outline some of the alleged abuses of the American patent system as it operates in our modern business and industrial economy and to canvass some of the proposed remedies. First are abuses that might be termed attempts to extend the duration of the patent monopoly. These stem mainly from the procedural aspects of the patent laws. Foremost among them is the problem of long pendency of applications, particularly the dilatory tactics that are possible under the law, which postpone issuance of the patent, thus extending the time duration of the patent …


Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed. Mar 1949

Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.

Michigan Law Review

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …


The Presidential Succession Act Of I947, Ruth C. Silva Feb 1949

The Presidential Succession Act Of I947, Ruth C. Silva

Michigan Law Review

The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …


Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review Feb 1949

Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review

Michigan Law Review

A Review of UNDERSTANDING THE SECURITIES ACT AND THE S.E.C. By Edward T. McCormick.


Coigne: Statute Making, Michigan Law Review Feb 1949

Coigne: Statute Making, Michigan Law Review

Michigan Law Review

A Review of STATUTE MAKING. By Armand B. Coigne.