Law Commons^™

Administrative Law - Fair Labor Standards Act - Power Of Administrator Of Wage And Hours Division To Delegate Authority To Issue Subpoena Duces Tecum To Subordinates, Jay Sorge

Michigan Law Review

The Regional Director of the Wage and Hour Division, pursuant to authority delegated to him by the administrator signed and issued a subpoena duces tecum ordering petitioner to produce its books and records which were to be used in investigating the wages and the hours of petitioner's employees. After petitioner had failed to comply with this subpoena, the administrator applied to the district court for an order requiring the petitioner to appear and show cause why it should not obey the subpoena duces tecum. This order was issued by the district court, and petitioner appealed after the district court refused …

Constitutional Law -- Due Process -- Price-Fixing, Michigan Law Review

Michigan Law Review

A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with …

Reform Of Administrative Procedure, Gilbert H. Montague

Michigan Law Review

On January 22, 1941, the Attorney General's Committee on Administrative Procedure, appointed to investigate the need for procedural reform in various federal administrative tribunals and to suggest improvements therein, submitted its final report and a proposed bill to Attorney General Jackson, who on January 24, 1941, transmitted these to the Senate with his recommendation that the proposed bill receive favorable consideration. Every member of the committee approved this report and this proposed bill, but the approval of four members of the committee was subject to their additional views and recommendations, expressed in statements and in a differing proposed bill. Pending …

Declaratory Rulings In Administrative Agencies, Alan R. Vogeler

Kentucky Law Journal

No abstract provided.

Administrative Hearings Under The Federal Constitution, George E. Hale

Kentucky Law Journal

No abstract provided.

Administrative Practice As A Guide To Judicial Interpretation Of Statutes - Bouse V. Hutzler

Maryland Law Review

No abstract provided.

Appeal From State Industrial Accident Commission By Non-Appearing Party - Hathcock, Et.Al., V. Loften - Oxford Cabinet Co. V. Parks

Maryland Law Review

No abstract provided.

Book Review. Benjamin, R.M., Administrative Adjudication In New York, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. Pike, J.A. And Fischer, H.G., Administrative Law, Reporter -- Service -- Text, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. Gelhorn, W., Federal Administrative Proceedings, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Parties To Administrative Proceedings, Paul Oberst

Michigan Law Review

It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …

Administrative Law - Selective Service Act - Finality Of Local Draft Board's Classifications, William H. Shipley

Michigan Law Review

The wife of a registrant who had been placed in class I-A and inducted into the army under the Selective Training and Service Act of 1940 petitioned the federal district court for a writ of habeas corpus to secure her husband's release, contending that the draft board had acted arbitrarily in classifying him. The petitioner and the registrant became engaged in December, 1939, at which time the date of their wedding was set for January 4, 1941. On November 20, 1940, the registrant filed his questionnaire with his local board, indicating that he then had no dependents but that he …

Administrative Law - Compulsory Process To Obtain Evidence - Unreasonable Search And Seizure, William C. Wetherbee, Jr.

Michigan Law Review

That the issuance of a subpoena duces tecum must comply with the provisions of the Fourth Amendment against unreasonable searches and seizures was first established in the case of Boyd v. United States. The writ was there obtained for the purpose of extracting from a person evidence which was to be used against him in a criminal proceeding or forfeiture. This compulsory process which gave the state possession of a man's personal papers to incriminate him was considered a violation of not only the Fifth, but also the Fourth Amendment. The Supreme Court could have reached the same result …

The Morgan Case As A Threat To The Full Hearing Requirement In Rate Making Proceedings

Washington and Lee Law Review

No abstract provided.

Final Report: Attorney General's Committee On Administrative Procedures

Indiana Law Journal

No abstract provided.

Administrative Law - Doctrine Of Prior Resort - Resort To The Railway Adjustment Board Before Court Suit, Felicia I. Hmiel

Michigan Law Review

In 1937 the Louisville and Nashville Railroad Company, a party to a collective bargaining agreement which protected the seniority rights of the company's employees, rehired one of its old employees and put his name on the seniority list ahead of those of the plaintiffs, who were hired in 1924. For breach of the agreement the plaintiffs brought suit in the Georgia court without first applying for relief to the National Railway Adjustment Board, which has jurisdiction over disputes relating to the interpretation and application of such agreements. Held, that the jurisdiction of the board does not prevent recourse to …

Administrative Law - President's Power To Remove, Rex B. Martin

Michigan Law Review

Plaintiff had been appointed to the board of directors of the Tennessee Valley Authority by the President with the advice and consent of the Senate. The statute creating this public corporation gives the President power to remove any director who appoints or promotes lower officials on the basis of anything other than merit. Congress is authorized to remove a member of the board by a concurrent resolution of the two houses. Plaintiff was summarily removed by the President and sued to recover his salary for the whole of the prescribed nine-year term of office. Held, that the plaintiff, having …

Securities Legislation - Public Utility Holding Company Act Jurisdiction Of The Securities And Exchange Commission, Robert Kneeland

Michigan Law Review

In 1935 the International Paper and Power Company filed an application with the Securities and Exchange Commission to secure permanent exemption from the provisions of the Public Utility Holding Company Act of 1935. While this application was pending, the company formed a plan for recapitalization of its stock, and applied to the commission for an order validating the plan. The report of the commission on this plan was approved by the requisite number of shareholders of the company, whereupon the commission entered an order purporting to exempt from the provisions of the act the stock and the warrants for stock …

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …

Review By Certiorari In Indiana

Indiana Law Journal

Notes and Comments: Administrative Law

Constitutional Law--Delegation Of Legislative Power To Administrative Bodies Or Officers, E. E. T. Jr.

West Virginia Law Review

No abstract provided.

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …

Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie

Michigan Law Review

As a natural concomitant of the prevailing laissez-faire economic philosophy, a strong feeling against any governmental regulation of business prevailed in American legislatures until well into the second half of the nineteenth century. Prices were considered to be especially immune to governmental tampering. The first step in the breakdown of the notion that government had no power over prices was the case of Munn v. Illinois. This decision introduced the doctrine that the legislature had the right to regulate prices in any business which the courts should find to be "affected with a public interest." Posed as a deceivingly …

Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board's order. On certiorari to that court, held that the board's order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843.

Some Aspects And Implications Of The Report Of The Attorney General's Committee On Administrative Procedure, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. Carr, C.T., Concerning English Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Administrative Procedure: A Report And An Evaluation, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Regulations, Reenactment, And The Revenue Acts, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

The Advent Of The Administrative Process And Its Future, Thomas Frank Konop

Journal Articles

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three …