Law Commons^™

De Werkzaamheden Van De Haagse Conferentie Van Internationaalprivaatrecht, Prof. Mr. L.I. De Winter

Jurnal Hukum & Pembangunan

No abstract provided.

The Fcc's Fairness Doctrine In Operation, James L. Kruse

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Judicial Review of SEC Decisions--No-Action Letter Under Commission's Proxy Rules Procedures Has Sufficient Finality and Formality to be Reviewable

==================================

Creditors' Rights--Section 77 Railroad Reorganization--Federal Priority Under Section 191 Denied; Interline Balance Claims Granted Priority Under Equitable Six-Months Rule

==================================

Criminal Procedure --Breach of the Peace--State Peace Bond Statute Establishes Criminal Proceedings and Must Satisfy Requirements of Due Process and Equal Protection Clauses

===================================

Criminal Procedure--Presumption of Innocence--Cautionary Instruction to Jury that Presumption of Innocence is Not Intended To Aid the Guilty To Escape is Not Misleading or Erroneous

===================================

Landlord and Tenant Law--Warranty of Habitability Implied by Law …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Disciplinary Discharges, Arbitration And Nlrb Deference, James B. Atleson

Buffalo Law Review

No abstract provided.

Procedural Due Process In Prison Disciplinary Actions, Joseph P. Condom

Loyola University Chicago Law Journal

No abstract provided.

Administrative Law - Securities And Exchange Commission's Determinations Governing Security Holders' Proxy Proposals Held Subject To Judicial Review, Thomas J. Montgomery

Loyola University Chicago Law Journal

No abstract provided.

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.

Labor Law--The Permissible Scope Of The National Labor Relations Board's Rule Against Relitigation, Michigan Law Review

Michigan Law Review

Under section 9 of the National Labor Relations Act (NLRA or Act), the National Labor Relations Board (NLRB or Board) is charged with the responsibility of determining what group of employees constitutes an appropriate unit for purposes of collective bargaining with an employer. While the Board itself originally handled representation petitions and determined appropriate bargaining units, Congress in 1959 amended the NLRA and authorized the Board to delegate its section 9 powers to the regional directors in order to expedite NLRB operations. Pursuant to this authorization, and in accordance with its rule-making authority under section 6 of the Act, the …

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law—Combination Of Functions: May An Administrative Tribunal Be Both Prosecutor And Judge?—State Ex Rel. Beam V. Fulwiler, 76 Wn.2d 313, 456 P.2d 322 (1969), Anon

Washington Law Review

Respondent Beam was Chief Examiner and Secretary to the Spokane Civil Service Commission. About two years before the instant action, the Commission requested Beam to retire. When he refused, the Commission was instrumental in reducing his pay and in demoting him by creating a position superior to his for another person. Beam successfully brought action to have his duties restored and to set aside the new position created by the Commission. Subsequently, the Commission members investigated Beam's conduct, formed conclusions, promulgated charges, transmitted accusations personally signed by four of the five board members to the City Manager and recommended his …

Comprehensive Planning Legislation: The Kentucky Experience, John E. Kennedy

Kentucky Law Journal

No abstract provided.

Proposals For Change In The Structure Of Antitrust Enforcement: The Department Of Justice, The Ftc And The Courts, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Modification And Dissolution Of Administrative Orders And Injunctions, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

Internationally Uniform Probate Law--A Method For Improving Administration Of Multinational Estates, John G. Webb, Iii

Vanderbilt Journal of Transnational Law

The need to coordinate succession laws of different nations was recognized as early as 1893 at the first Hague Conference where attempts were begun to coordinate the laws of succession on death through multilateral conventions. Notwithstanding so early an effort, however, the administration of multinational estates has remained plagued by diversity of national laws governing succession on death. The resulting confusion and inefficiency of administration has often frustrated the testamentary intentions of decedents of many nationalities. While no viable uniformity has been attained among nations, the need for consistency increases. Half a million United States civilian citizens live abroad, and …

Judicial Review Of Agency Action: The Unsettled Law Of Standing, Michigan Law Review

Michigan Law Review

Traditionally, the doctrine of standing has existed as the major obstacle frustrating the attempts of numerous plaintiffs to obtain relief for the injuries they have suffered as a result of allegedly illegal action by federal administrative agencies. Frequently, the rigid standards effectively have prevented any feasible plaintiff from challenging the actions of an administrative agency. The ultimate consequence of this problem has been practically to insulate a wide range of administrative activity from judicial review.

In recent years the courts have been under increasing pressure to liberalize the law of standing and to provide a judicial forum where administrative agencies …

Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.

Faculty Scholarship

Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.

The Right To Be A Recalcitrant Union Member, Neil F. Castaldo

Vanderbilt Law Review

In 1954, the United States Supreme Court considered the problem of union discipline in the case of Radio Officers' Union v. NLRB. The Court clearly stated that the policy of the National Labor Relations Board (NLRB) insures the right of each employee who chooses to join a union to be a "good, bad, or indifferent" member. Although the validity of this phrase seems to be generally accepted, it has never been enforced as an affirmative right. The purpose of this Note is to analyze the embryonic right to be a recalcitrant union member. Since most studies have examined this area …

The Administrative Agency And Environmental Control, Louis L. Jaffe

Buffalo Law Review

No abstract provided.

A Critique Of The Rule-Making Process In Federal Income Tax Law With Special Reference To Conglomerate Acquisitions, William D. Popkin

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

==========================

Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

===========================

Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

============================

Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

=============================

Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

=============================

Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

============================= …

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review

Michigan Law Review

The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita

Washington Law Review

The right to fair hearing in contemporary Japanese administrative law is a tender plant, lacking deep roots in historical tradition, and struggling for survival in a relatively hostile environment, Fair hearing was a concept practically unknown to the administrative law of pre-war Japan, which, taking its cue from German and French law, relied principally, not on the procedural rights of the individual, but rather upon the skill and dedication of administrators for the achievement of efficiency and justice, with only occasional judicial review by the Administrative Court. The Anglo-American maxim that "he who decides must hear" was indeed foreign to …

Roundtable On Administrative Law, Robert A. Anthony, Beverley Pooley, Y. P. Ghai, William Burnett Harvey, H. C. L. Merillat, Keith S. Rosenn

Journal of Legal Education

No abstract provided.

Extension Of The Basis For Standing In Judicial Review Of Administrative Actions

Washington and Lee Law Review

No abstract provided.