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Articles 13381 - 13410 of 14125
Full-Text Articles in Law
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).
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Faculty Scholarship
No abstract provided.
Program Control, Louis L. Jaffe
The Supreme Court, Section 301 And No-Strike Clauses: From Lincoln Mills To Avco And Beyond, Herbert G. Keene Jr.
The Supreme Court, Section 301 And No-Strike Clauses: From Lincoln Mills To Avco And Beyond, Herbert G. Keene Jr.
Villanova Law Review (1956 - )
No abstract provided.
The Nlrb And Bargaining Orders: Does A New Era Begin With Gissel, Arnold E. Perl
The Nlrb And Bargaining Orders: Does A New Era Begin With Gissel, Arnold E. Perl
Villanova Law Review (1956 - )
No abstract provided.
The Fcc's Role In Television Programming Regulation, Kenneth A. Cox
The Fcc's Role In Television Programming Regulation, Kenneth A. Cox
Villanova Law Review (1956 - )
No abstract provided.
Program Control And The Federal Communications Commission: A Limited Role, Ben C. Fisher
Program Control And The Federal Communications Commission: A Limited Role, Ben C. Fisher
Villanova Law Review (1956 - )
No abstract provided.
Credibility Gap In Judicial Review Of Administrative Determinations, Morris D. Forkosch
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 …
The Role Of Law In The Negotiated Settlement Of International Disputes, James K. Irvin
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 …
Administrative Practice Before Federal Agencies, William H. Sager, Leslie S. Shapiro
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.
Foreword, Arthur H. Travers Jr.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.
The Fcc's Role In Television Programming Regulation - A Symposium - Introduction, Steven P. Frankino
The Fcc's Role In Television Programming Regulation - A Symposium - Introduction, Steven P. Frankino
Villanova Law Review (1956 - )
No abstract provided.
Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt
Title Vii In The Federal Courts - Private Or Public Law, Robert J. Affeldt
Villanova Law Review (1956 - )
No abstract provided.
The Fcc's Role In Tv Programming Regulation, Steven P. Frankino, Kenneth A. Cox, Ben C. Fisher, Louis L. Jaffe
The Fcc's Role In Tv Programming Regulation, Steven P. Frankino, Kenneth A. Cox, Ben C. Fisher, Louis L. Jaffe
Villanova Law Review (1956 - )
No abstract provided.
The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers
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 …
The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs
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.
Participatory Democracy And The Public Hearing: A Functional Approach, Sheldon J. Plager
Participatory Democracy And The Public Hearing: A Functional Approach, Sheldon J. Plager
Articles by Maurer Faculty
No abstract provided.
Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock
Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock
Faculty Scholarship
No abstract provided.
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Michigan Law Review
The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Michigan Law Review
Sperry and Hutchinson Company (S & H), the largest trading stamp company in the United States, has maintained two policies throughout its seventy-two years of business. The one-for-ten policy requires retailers licensed by S & H to issue stamps to consumers at the rate of one stamp for every ten cents worth of merchandise purchased. The intent of this policy is to prevent retailers from engaging in "multiple stamping"-the practice of giving more than one stamp for every ten-cent purchase. This restricted rate of issuance is maintained through contractual agreements between the stamp company and its licensees. The second policy …
Judicial Tax Courts For The States: A Modern Imperative, William D. Dexter
Judicial Tax Courts For The States: A Modern Imperative, William D. Dexter
University of Michigan Journal of Law Reform
There has been growing discontent among tax gatherers and taxpayers alike over the disposition of state and local tax disputes. Concern centers on the nature of appellate review and its availability irrespective of the tax involved or the amount or subject matter in controversy. In many jurisdictions the system of review in tax cases presents an unwieldy array of alternative administrative and judicial avenues of review which are confusing to the prospective tax appellant and destructive of economy and uniformity in the system. This article will assess the need for a specialized judicial court to review the initial disposition of …
Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review
Michigan Law Review
Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …
International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog
International Law, National Tribunals And The Rights Of Aliens: The West European Experience, Peter E. Herzog
Vanderbilt Law Review
The local remedies rule is usually considered a device to accommodate the legitimate desire of states to preserve their own sovereignty with the equally legitimate desire of states to protect their nationals who have suffered injury abroad. It is obvious that the adequacy of the rule in serving the second of these ends will depend on the nature and quality of the local remedies available. In turn, the effectiveness of local remedies in protecting the rights of aliens will depend on a variety of factors. Most importantly, there is the adequacy of the substantive legal rights in the fields of …
Roundtable On Administrative Law, Carl A. Auerbach
Roundtable On Administrative Law, Carl A. Auerbach
Journal of Legal Education
No abstract provided.
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Washington Law Review
The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.
Administrative Delay And Judicial Relief, Steven Goldman
Administrative Delay And Judicial Relief, Steven Goldman
Michigan Law Review
The problem of judicial relief from protracted agency delay has been virtually undiscussed in the existing literature. The few courts that have dealt with the delay question have acted instinctively, without providing any rational framework and without articulating either relevant concerns or appropriate standards. This Article will explore the range of issues raised when courts are called upon to grant relief from excessive administrative delay.
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch
University of Michigan Journal of Law Reform
This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …
The Need For An Ombudsman In State Government, Frank E. Cooper
The Need For An Ombudsman In State Government, Frank E. Cooper
University of Michigan Journal of Law Reform
Despite the vast powers which have been delegated to state administrative agencies, comparatively little attention has been paid to their organization or methods of operation. As a result, some state agencies in their day-to-day operations fail to meet desirable standards of fair procedure. Each year, thousands of American citizens emerge indignant from an encounter with some agency representative who they assert has treated them impolitely or denied them what they deem to be their rights. But often the case does not involve enough to justify the expense of taking it to court, and the outraged citizen fumes in frustration, concluding …
Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture
Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture
Buffalo Law Review
Camara v. Municipal Court of the City and County of San Francisco 387 U.S. 523 (1967).