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Full-Text Articles in Law

Administrative Law--Judicial Review Under West Virginia Administrative Procedure Act Not Applicable To Agency Actions Relating Solely To Internal Management, Paul Robert Rice Dec 1966

Administrative Law--Judicial Review Under West Virginia Administrative Procedure Act Not Applicable To Agency Actions Relating Solely To Internal Management, Paul Robert Rice

West Virginia Law Review

No abstract provided.


Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck Oct 1966

Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck

Washington Law Review

A book with the depth and scope of Professor Jaffe's recently published work on judicial control of administrative action is not an easy one to review. While one is tempted to write a parallel work of commentary and criticism, such a task is beyond the scope of a review; anything less, however, seems light and superficial when put beside the work commented upon. Nevertheless, the following is offered for interested readers. Professor Jaffe's book was not written in the tradition of legal treatises which present a detailed, systematic, and tightly organized treatment of a subject. On the contrary, though he …


Appeal No. 0001: Jerry Moore, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review Jul 1966

Appeal No. 0001: Jerry Moore, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order #4 and #5


Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon Jun 1966

Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon

Washington Law Review

In June 1962, plaintiff applied to the State Liquor Control Board for change of location of his tavern license. Plaintiff proposed to move his tavern business around the corner and across the street from its former location. The Board investigated the proposed move, and, after careful consideration, notified the plaintiff of the Board's approval. In reliance on this notice of approval, plaintiff spent his life's savings acquiring, remodeling, and equipping the new location. Thereafter, without a formal hearing, the Board informed the plaintiff that approval of the proposed move had been withdrawn. The plaintiff sought a writ of mandamus directed …


Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon Jun 1966

Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon

Washington Law Review

The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …


Government And The Consumer, Richard J. Barber May 1966

Government And The Consumer, Richard J. Barber

Michigan Law Review

This article takes up four major topics. First, the principal characteristics of governmental action with respect to consumer protection are reviewed, with emphasis on developments during the past thirty years. Second, the traditional pleas for consumer protection are examined with a view toward determining the inadequacies in governmental action. Third, the problems of the consumer are studied in the context of oligopolistic industrial markets in which nonprice competition accentuates the place of advertising and severely restricts the dissemination of factual information that is essential to enlightened purchase decisions. Fourth, the ingredients of a meaningful consumer protection program are outlined and …


Insurance Law—Mvaic—Uninsured Drivers Endorsement Calling For Reduction Of Workmen’S Compensation Payment From “Insured” Claimant’S Award Is Not Contrary To Legislative Intent, Frederick A. Wolf Apr 1966

Insurance Law—Mvaic—Uninsured Drivers Endorsement Calling For Reduction Of Workmen’S Compensation Payment From “Insured” Claimant’S Award Is Not Contrary To Legislative Intent, Frederick A. Wolf

Buffalo Law Review

Matter of Durant (MVAIC), 15 N.Y.2d 408, 207 N.E.2d 600, 260 N.Y.S.2d 1 (1965).


Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin Apr 1966

Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin

Michigan Law Review

The drafters of the Revised Act have sought to resolve the confrontation of policy objectives in part by insisting that the decision maker refrain from off-the-record communications with any of the parties to the proceeding. However, there are a number of ambiguities in the act which indicate that it may be possible for state agencies to avoid this objective. Furthermore, implementation of the policy decisions of the drafters may prove to be undesirable for the overall operation of state administrative agencies. This comment will consider these two possible criticisms of the Revised Model Act and will suggest that changes be …


Fair Housing Laws And Brokers' Defamation Suits: The New York Experience, Michigan Law Review Mar 1966

Fair Housing Laws And Brokers' Defamation Suits: The New York Experience, Michigan Law Review

Michigan Law Review

The New York Law Against Discrimination, originally enacted in 1945 to eliminate discrimination in employment because of race, creed, color, or national origin, has been steadily broadened to encompass discrimination in such areas as public accommodations and private housing. The law was amended in 1961 and 1963 to enable the State Commission for Human Rights to prevent. discrimination by either the owner or the real estate broker in the selling, renting, or leasing of any housing accommodation or commercial space. Despite the apparently broad protection established by the sweeping language of the statute, real estate brokers have discovered a novel …


Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva Jan 1966

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Some Modest Suggestions For Improving Public Utility Rate Proceedings, Roger C. Cramton Jan 1966

Some Modest Suggestions For Improving Public Utility Rate Proceedings, Roger C. Cramton

Cornell Law Faculty Publications

The agencies regulating public utilities are under attack as ineffective and inefficient. Professor Cramton here discusses the procedural impediments to efficient and coherent regulation on both the state and federal levels. To improve administrative procedure in this area, Professor Cramton recommends retention of the adversary form of rate proceedings as a useful truth testing device, wider use of hearing examiners, adoption of a system of written presentation of evidence, and placing greater personal decisional responsibility on agency heads.


Passports, Thomas Ehrlich Jan 1966

Passports, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define Jan 1966

Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define

Villanova Law Review

No abstract provided.


Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman Jan 1966

Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman

Villanova Law Review

No abstract provided.


Book Review. Bock, E.A. (Ed.), Government Regulation Of Business: A Casebook, Ralph F. Fuchs Jan 1966

Book Review. Bock, E.A. (Ed.), Government Regulation Of Business: A Casebook, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Fiduciary Power To Compromise Claims, Thomas L. Shaffer Jan 1966

Fiduciary Power To Compromise Claims, Thomas L. Shaffer

Journal Articles

The sorry state of fiduciary administrative powers in American trust law is an old but healing wound. Our English brothers, who began repair on a similar lesion in the nineteenth century, are still well ahead of us. A few state legislatures poured on balm of varying degrees of efficacy years ago, but they were not many. The Commissioners on Uniform State Laws seemed to promise a cure in the early 1930's, then abandoned the effort for a generation. They have lately returned to their patient, and the Uniform Trustees' Powers Act shows promise of increasing adoption. The incorporation-by-reference treatment is …


Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs Jan 1966

Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn Jan 1966

Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn

Michigan Law Review

Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.


Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review Jan 1966

Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review

Michigan Law Review

Plaintiff, a citizen of Oberlin, Ohio, brought an action for declaratory and injunctive relief to review the constitutionality of the city's fair housing ordinance, which makes it a misdemeanor to discriminate because of race, creed, or color in the sale or rental of housing. Under the procedure established by the ordinance, the Housing Renewal Commission is directed to make investigations of complaints filed with it. If violations are discovered, the commission must attempt to eliminate the discriminatory practices by conciliation and persuasion. If these efforts fail, the entire record of the matter must be forwarded to the city council, accompanied …


Cooper: State Administrative Law, Dan M. Byrd Jr. Jan 1966

Cooper: State Administrative Law, Dan M. Byrd Jr.

Michigan Law Review

A Review of State Administrative Law, 2 vols. By Frank E. Cooper