Law Commons^™

Federal Jurisdiction And Procedure, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Federal Tax Administration And The Small Taxpayer, L. Hart Wright

University of Michigan Journal of Law Reform

The actual or supposed complexity of substantive federal tax law has generated two unresolved administrative by-products of peculiar importance in the case of small taxpayers. In each of these circumstances the Internal Revenue Service (and in one, the Congress) has tended to default on its programmatic responsibility to facilitate payment by small taxpayers of no less and no more than they owe under the tax law. For too long and to too large an extent, these taxpayers, although completely bewildered and devoid of self-confidence in the conduct of their tax affairs, have had to fend for themselves, both at return …

An Overview Of Administrative Due Process: Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Federal Statutes And Government Regulation, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Ohio Revised Code Chapter 2506 - Judicial Review Of Administrative Rulings, Marshall J. Wolf, Donald M. Robiner

Cleveland State Law Review

Persons adversely affected by a decision of any officer, board, commission or other division of the great number of political subdivisions of the State usually encounter difficulty in appealing such decision. This fact has long troubled the judiciary of Ohio. Thus, adoption in 1957 of Chapter 2506 of the Ohio Revised Code- Appeals From Orders of Administrative Officers and Agencies was immediately welcomed by the courts as providing assistance to those citizens who found themselves adverse to, and totally at the mercy of, their government. Although Ohio Revised Code, Chapter 2506, radically changed the procedure with respect to appeals from …

A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones

Cleveland State Law Review

The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Cornell Law Faculty Publications

No abstract provided.

Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg

Buffalo Law Review

Kleindienst v. Mandel, 408 U.S. 753 (1972).

Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze

Buffalo Law Review

No abstract provided.

A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.

Cleveland State Law Review

The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.

Judicial Review Of Zoning Adminstration, Richard A. Pelletier

Cleveland State Law Review

This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …

Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox

University of Michigan Journal of Law Reform

In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches

Publications

No abstract provided.

Negligence--Violation Of Safety Regulation As Negligence Per Se: The Perishable Sanction, David Lemaster

Kentucky Law Journal

No abstract provided.

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review

Michigan Law Review

In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …

Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield

Michigan Law Review

There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it …

Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer

Michigan Law Review

Within the current wave of criticism directed at the federal administrative agencies, a traditional theme of administrative law is frequently echoed: agencies have allowed their proceedings to become over-judicialized, and ought to engage in more rule-making to avoid the slow, cumbersome, and repetitious process of case-by- case adjudication. As if to confirm the urgency of these calls for greater use of the rule-making power, examples occasionally surface which suggest that trial-type proceedings may collapse under their own weight and force some agencies to resort to rule-making if they are to accomplish anything at all. Thus, the Interstate Commerce Commission has …

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2

United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Causes And Cures Of Administrative Delay, Roger C. Cramton

Cornell Law Faculty Publications

Although administrative agencies have been created to provide expeditious determinations of matters that courts and legislatures could not handle, delay still continues. Three basic methods of attacking the problem have been suggested – reduce the number of cases to be decided; increase the capacity of the system to decide the cases; and reduce the time required to decide individual cases.

Judicial Review Under The Apa Of "Agency Action Committed To Agency Discretion By Law" .

Washington and Lee Law Review

No abstract provided.

Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon

Washington Law Review

Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …

Regulatory Structure And Regulatory Performance: A Critique Of The Ash Council Report, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

International Union Of Elevator Constructors, Local 125 V Otis Elevator Company Limited, Innis Christie

Innis Christie Collection

A COMPLAINT of activity intended to restrict or limit production contrary to the Trade Union Act having been filed with the Labour Relations Board (Nova Scotia) on June 27, 1972;

Labourers' International Union Of North America, Local 615 V Walker & Hall Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 21, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

Construction & General Labourers' Union, Local 1115 V Nova Construction Company Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 27, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;

International Union Of Operating Engineers, Local 721 V Acadia Road Contractors Limited, Innis Christie

Innis Christie Collection

APPLICATION having been made to the Labour Relations Board (Nova Scotia) on June 14, 1972, for Certification of the Applicant as Bargaining Agent pursuant to the Trade Union Act;