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Articles 1 - 10 of 10
Full-Text Articles in Law
Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman
Michigan Law Review
Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
Indiana Law Journal
No abstract provided.
Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes
Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes
Michigan Law Review
The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Michigan Law Review
The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Michigan Law Review
The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …
Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks
Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks
Michigan Law Review
The late Professor Ernst Freund once wrote, "A judicial hearing involves two things: that the party be heard as to his own case and that he hear the case against him." Were the words "quasi-judicial" to be substituted for the word "judicial" in Dr. Freund's definition, it would be difficult more concisely to paraphrase the two decisions of the United States Supreme Court in the case of Morgan v. United States. Fifty suits, later consolidated for purposes of trial, were started by certain market agencies of the Kansas City Stockyards to enjoin the enforcement of an order of the …
Administrative Procedure: National Labor Relations Board, J. Warren Madden
Administrative Procedure: National Labor Relations Board, J. Warren Madden
West Virginia Law Review
No abstract provided.
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Michigan Law Review
Plaintiff applied to the county board of public welfare for a pension award under a state Old Age Assistance Act. In conformity to the act, an investigation was made by the county board and the facts were submitted, with a recommendation for an award, to the State Department of Public Welfare for approval. The latter, however, overruled the award, whereupon plaintiff applied to the circuit court for a trial de novo, as provided for by the statute, and was successful. On appeal from the court's order allowing the award, held, the statutory provision for a de novo review by …
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Washington Law Review
Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …