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Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Literature Of Opa: Administrative Techniques In Wartime, John W. Willis

Michigan Law Review

It is the purpose of this article to outline the various administrative mechanisms which OPA has devised to carry out the regulation of prices and rents and the rationing of goods. The wisdom of any particular policy is not at issue; we are concerned only with the "how" and not with the "why," with the procedure and not the substance.

The Trading With The Enemy Act, Samuel Anatole Lourie

Michigan Law Review

The purpose of this paper is to discuss two aspects of the Trading with the Enemy Act of October 6, 1917: (1) The evolution of the T.E.A. through legislative enactments and executive orders; (2) Some problems of constitutional and administrative law raised by the last amendment to the act.

Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.

Michigan Law Review

The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the …

Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris

Michigan Law Review

Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …

The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk

Michigan Law Review

The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: …

Renegotiation Of War Contracts, Charles W. Steadman

Michigan Law Review

The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Soviet Government Corporations, John N. Hazard

Michigan Law Review

Public ownership of the means of production is a basic principle of Soviet economy. Private ownership of property is now limited to ownership of consumer's goods, and private trading is confined to the narrowest areas and subjected to such rigid control that it has been reduced to the limitations of street peddling.

With the emphasis on public ownership, the management, protection and development of property belonging to the state has become a major activity of the Soviet government. Production, distribution and consumption of property are aspects of this activity.

Development of a mechanism of management has occupied Soviet jurists and …

Administrative Law - Subpoena Power In Administrative Agencies, Arthur B. Lathrop

Michigan Law Review

The Secretary of Labor, acting under the authority vested in her by the Walsh-Healey Act, instituted an administrative proceeding against the petitioner charging violations of the minimum and overtime payment provisions of a government contract. Upon the petitioner's refusal to furnish certain records believed to be essential in determining jurisdiction, the secretary issued a subpoena duces tecum for their production. Shortly thereafter, this suit was begun in the district court to obtain an enforcement order directing the petitioner to obey the subpoena. The petitioner, contending that the secretary was without jurisdiction to investigate the plants and employees involved, successfully resisted …

Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague

Michigan Law Review

In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.