Law Commons^™

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.

Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein

Washington Law Review

In recent years the Government's efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment's ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches and seizures …

The Nova Scotia Ombudsman, T. J. Mcbride

Dalhousie Law Journal

Along with the dramatic rise of the welfare state, a concept of government generally accepted by most Canadians if not enthusiastically supported, has come a realization that the opportunities for individual grievances against government have multiplied. Each year ".... thousands of administrative decisions are made, many of them by minor officials, which affect the lives of every citizen. If some of these decisions are arbitrary or unjustified, there is no easy way for the ordinary citizen to gain redress" .' Rather belatedly, many governments have recognized that the existing machinery to protect the citizen against unfair administrative action is inadequate …

The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan

Dalhousie Law Journal

In recent years there has been considerable writing throughout the Commonwealth on the potential of the declaratory judgment as a remedy for reviewing unlawful administrative action. 2 It is not my purpose in this note to add to the already ample general discourse on this topic. Rather, I will be concentrating on some particular aspects of the remedy, aspects which have been brought into prominence by recent legislative changes and judicial decisions.

List-I Qavanin Va Usulnamah'hay Nafizah-I Afghanistan, Afghanistan

Books in Dari and Pashto

The document lists 165 laws and practice-legal codes that were issued by the government of Afghanistan from 1310 to 1353 (1931-1975). The list includes starting date for each law and the date of termination of the law, if no more in practice.

Type script, in Dari language

The Impact Of The Proposed Model Rules On Agencies And Standards For Agency Exemptions, Robert L. Shevin

Florida State University Law Review

No abstract provided.

The Personal Accountability Of Public Employees, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …

Access To Public Documents In Kentucky, Carla Whitaker Allen

Kentucky Law Journal

No abstract provided.

A National Perspective Of Administrative Law And The Florida Administrative Procedure Act, Cornelius Bryant Kennedy

Florida State University Law Review

No abstract provided.

A Comparison Of Florida Administrative Practice Under The Old And The New Administrative Procedure Acts, L. Harold Levinson

Florida State University Law Review

No abstract provided.

Operational Aspects Of A Central Hearing Examiners Pool: California's Experiences, George R. Coan

Florida State University Law Review

No abstract provided.

The Need To Dismantle The Federal Narcotic Bureaucracy, 9 J. Marshall J. Prac. & Proc. 115 (1975), Alfred R. Lindesmith

UIC Law Review

No abstract provided.

The Use Of Jeopardy Assessments In Narcotics Enforcement, 9 J. Marshall J. Prac. & Proc. 262 (1975), John H. Anderson

UIC Law Review

No abstract provided.

Little F.T.C. Act: The Neglected Alternative, 9 J. Marshall J. Prac. & Proc. 351 (1975), Richard A. Shulman

UIC Law Review

No abstract provided.

Administrative Law - Pennsylvania Human Relations Commission's Pattern And Practice Complaint Failed To Meet Statuory Particularity Requirement, Thus Precluding Use Of Commission's Full Investigative Powers, Kevin S. Anderson

Villanova Law Review

No abstract provided.

The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: The sanctions provision of the Freedom of Information Act amendments (Amendments)' provides a procedure whereby agency personnel who have withheld requested information may be subject to disciplinary action if a court, in ordering production of the documents and assessing against the United States reasonable attorneys' fees and other litigation costs, also issues a finding that a question of fact exists as to whether agency personnel acted arbitrarily or capriciously. Although the provision is relatively brief, it is potentially the most important amendment to the Freedom of Information Act (FOIA) and one of the most important congressional enactments in recent …

Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler

University of Richmond Law Review

Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.

Regulation Of Municipal Solid Waste Through Taxation: The New York Recycling Incentive Tax, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

Mergers In Regulated Industries: The Role Of The Regulatory Agency, C. Paul Rogers Iii.

Faculty Journal Articles and Book Chapters

No abstract provided.

Restraint Of Agency Proceedings Under The Freedom Of Information Act

Washington and Lee Law Review

No abstract provided.

Prospects For Structural Reform Of The Bankruptcy System, Marjorie L. Girth

Faculty Publications By Year

No abstract provided.

The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller

Cleveland State Law Review

It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …

Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier

Cleveland State Law Review

It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Case Note: Administrative Law- Renegotiation Board V. Bannercraft Clothing, Co., 415 U.S. 1 (1974), James P. Donahue, Jr.

Fordham Urban Law Journal

This Case Note analyzes the Supreme Court's recent decision in Renegotiation Board v. Bannercraft Clothing Co., which held that the Freedom of Information Act could not be used to interfere with a Renegotiation Board proceeding prior to termination of its administrative hearings and all further administrative remedies.

Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.

Fordham Urban Law Journal

Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration's Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran's Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action …

Natural Gas And Electric Utility Rate Reform: Taxation Through Ratemaking, Alfred C. Aman, Glen S. Howard

Articles by Maurer Faculty

No abstract provided.

Competition And Regulation In The Stock Markets, Robert Pozen

Michigan Law Review

Part I of this article suggests that the courts have not satisfactorily resolved the tension between competition and regulation in the stock markets, and that the proposed legislation would in fact aggravate that tension. Part II uses an economic model of stock transactions to derive an alternative approach for reconciling competitive and regulatory considerations. Part III applies this approach to several key governmental decisions in the transition from fixed commission rates to the central market system.

Recent Developments, James D. Holland

Vanderbilt Law Review

The power to parole prisoners derives from the legislative power to define crimes and set penalties for offenses, and has been delegated by Congress and state legislatures to the federal and state parole boards.' Recent litigation of inmates' post-conviction rights in federal and state correctional systems has focused increasingly on the broad discretionary power that parole boards exercise by performing their statutory mandate... The recent development of a flexible concept of due process,' however, has permitted a finer balancing of governmental and individual interests than the prior requirement of a "full panoply" of procedural safeguards, or none at all, and …

Appeal No. 0013: Baldwin Producing Corporation 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 Orders #130, and Amendments No.1 & 2 to Order #130