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Articles 1 - 9 of 9
Full-Text Articles in Law
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Michigan Law Review
We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …
Law Departments And Law Officers In American Governments, John A. Fairlie
Law Departments And Law Officers In American Governments, John A. Fairlie
Michigan Law Review
On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Michigan Law Review
The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Michigan Law Review
A recent decision in the Circuit Court of Appeals upholding the constitutionality of the powers of search granted to the Securities and Exchange Commission in the Securities Act of 1933 brings to the fore again the question of the extent to which the Federal Government may validly investigate and demand the production of the books and records of private businesses.
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Michigan Law Review
At a hearing conducted by the California Railroad Commission, the existing gas rates charged by a utility were deemed unreasonable, and a new schedule of rates was prescribed. The commission, in determining the rate base, used historical cost exclusively, and refused to attach any weight to the present cost of reproducing the properties. A three-judge federal court enjoined the enforcement of the rates without making a finding that as prescribed the rates were confiscatory. Held, by a majority of the Court, the trial court was without power to enjoin the enforcement of the rates, regardless of the method of …
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Michigan Law Review
Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …
Recent Developments In The Deportation Process, Reuben Oppenheimer
Recent Developments In The Deportation Process, Reuben Oppenheimer
Michigan Law Review
The process under which the United States, through the Department of Labor, deports aliens found to be unlawfully in this country is one of the oldest in American administrative law. It is also one of the most interesting, for this process deals almost entirely with persons as contrasted with property, and its development has been largely unimpeded by court decisions.