Law Commons^™

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Michigan Law Review

The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …

Industrial Health And Safety: The Need For Extended Federal Regulation, J. Michael Harrison

University of Michigan Journal of Law Reform

It is the purpose of this article to raise and answer these questions: (1) Is the current level of injury frequency on the job unsatisfactory? (2) If so, can this level of injury frequency be reduced through more effective industrial safety regulation? (3) To what extent and for what reasons have existing regulatory programs, both public and private, succeeded in reducing frequency rates? (4) In what manner, if at all, should the Federal Government extend its regulation of industrial safety? An affirmative answer to the first two questions is preliminary to the other inquiries. It will be worthwhile to proceed …

A Hearing Examiner Comments On The Apa And The Rule Making Or Adjudication Controversy, Robert R. Boyd

William & Mary Law Review

No abstract provided.

Better Days In Court For A New Day's Problems, Roger I. Traynor Honorable

Vanderbilt Law Review

We do not lack first-rate proposals for court organization and administration and procedures that would befit a new day. Neither do we lack well-conceived plans for the selection and retention of judges that would attract able and independent men to the bench. Nevertheless, the few states that have undertaken substantial reforms are far outnumbered by those that have not. It is high time to inquire why there has been such a woeful lack of will in the legal profession throughout the country to have done with ways so antiquated as chronically to impede the just operation of the laws. It …

Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz

The Copyright Law And Its Relevance To Catv: Can An Old Dog Be Taught New Tricks, Alan R. Chase

Buffalo Law Review

No abstract provided.

The Ombudsman In The Common Law System, Walter W. Toxey

William & Mary Law Review

No abstract provided.

Appeal No. 0007: Noble Cunningham, D/B/A Ohio Crude Oil, A Limited Partnership 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 #26

Appeal No. 0008: John S. Kidd, Sr. 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 #56

The Local Administrative Agencies, Maurice H. Merrill

Vanderbilt Law Review

We have become accustomed to the concept, once thoroughly horrendous to most lawyers, that the dispensation of justice may, be properly entrusted to those tribunals which, for want of a better term, we label administrative. In past years they were considered the illicit offspring of miscegenatious commingling of powers which,constitutionally, should have been kept in rigid segregation. In the last half century, this habit of thought has all but disappeared; our concern has been rather with the full acknowledgment and acceptance of these agencies into the family of makers and appliers of the law. We have undertaken to nurture and …

The Model Cities Program, Otto J. Hetzel, David E. Pinsky

Vanderbilt Law Review

The period from 1961 through 1965 saw a dramatic increase in the number of federal grant-in-aid programs and the total federal funding levels directed at curing the ills of the urban community. There was a persistent anxiety, however, that, despite the proliferation of new drugs administered to the patient for his array of symptoms, the progress was not satisfactory, and that time was running out. In October, 1965, a Task Force on Urban Problems was appointed by President Johnson to study urban problems and recommend action. The Task Force looked at the prior efforts and decided a new approach was …

Administrative Law—Federal Securities Exchange—Stock Purchases By Insiders Possessing Material Information And Misleading Corporate Press Release Violate Sec Rule 10b-5, Gerald Toner

Buffalo Law Review

SEC v. Texas Gulf Co., 401 F.2d 833 (2d Cir. 1968).

Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock

Faculty Scholarship

No abstract provided.

Administrative Law - Standing And Appealability, Robert S. Bailey

Duquesne Law Review

The Pennsylvania Supreme Court held that an unsuccessful applicant for one of four horse racing licenses which the State Horse Racing Commission was authorized to grant had standing to bring an appeal after the granting of all four authorized licenses by the Commission, and that no abuse of discretion was shown in granting the licenses to the particular licensees.

Man O' War Racing Association v. State Horse Racing Commission, 433 Pa. 432, 250 A.2d 172 (1969).

The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin

Vanderbilt Journal of Transnational Law

One of the chief functions of any legal system is to provide the machinery for settling disputes between members of the society which the system serves. No legal system can be expected to solve all such disputes, but law can create an atmosphere in which the parties themselves may effect, without bloodshed, the resolution, minimization or avoidance of disputes. The disputants may choose an arbiter or conciliator to reach a settlement for them, or they may bargain and compromise until they find a common basis for an agreement ending the dispute. The latter process, called negotiation, is the most effective …

The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers

Vanderbilt Journal of Transnational Law

Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …

Administrative Law—Collateral Estoppel—Adverse Findings On Issues In Negligence Action Do Not Preclude Plaintiff From Relitigating Identical Issues In Subsequent Longshoreman’S And Harbor Workers' Act Proceeding., David E. Manch

Buffalo Law Review

Young & Co. v. Shea, 397 F.2d 185 (5th Cir. 1968).

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

Foreword, Arthur H. Travers Jr.

Publications

No abstract provided.

Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch

Cleveland State Law Review

The increasing credibility gap in, and judicial review of, administrative determinations is a resultant of agency and judicial misunderstanding and language. Briefly, an examiner's intermediate report ordinarily evaluates the witnesses' demeanor, conduct, believability and credibility before accepting as true certain of their testimony, upon which findings of fact may now be based. Subsequently, the agency has the opportunity to exercise its statutory power to adopt, modify, or reject these findings. Thereafter, on judicial review, the court's whole record approach takes into account as a factor and scrutinizes any examiner agency disagreement as to findings of fact in determining whether substantial …

Administrative Practice Before Federal Agencies, William H. Sager, Leslie S. Shapiro

University of Richmond Law Review

There exist more than forty federal executive and administrative agencies before which lawyers (and in many cases, laymen) may practice and serve the interests of clients. The complexities of our society, the specializations which are a by-product of a complex industrial state, and the persistent growth of government's bureaucracy, point up the continuing importance of practice before federal administrative agencies.

The Supreme Court, Section 301 And No-Strike Clauses: From Lincoln Mills To Avco And Beyond, Herbert G. Keene Jr.

Villanova Law Review

No abstract provided.

Program Control And The Federal Communications Commission: A Limited Role, Ben C. Fisher

Villanova Law Review

No abstract provided.

The Fcc's Role In Tv Programming Regulation, Steven P. Frankino, Kenneth A. Cox, Ben C. Fisher, Louis L. Jaffe

Villanova Law Review

No abstract provided.

Program Control, Louis L. Jaffe

Villanova Law Review

No abstract provided.

The Fcc's Role In Television Programming Regulation, Kenneth A. Cox

Villanova Law Review

No abstract provided.

The Fcc's Role In Tv Programming Regulation, Edmund A. Barker

Villanova Law Review

No abstract provided.

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.