Law Commons^™

Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison

Michigan Law Review

By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …

The Contribution Of Professional Organizations To Stability And Change Through Law, Glenn R. Winters

Vanderbilt Law Review

The term "stability" pertains more directly to the physical sciences than to law. Offhand, one associates stability with rest and instability with motion. Gibraltar is stable; a rowboat in rough water is not.There can be, however, stable motion and precarious rest. The earth moves at more than a thousand miles a minute in a stable orbit, and a railroad train thundering down a smooth and level track at ninety miles an hour may have a high degree of stability. On the other hand, the mass of rock and earth that recently plunged into the water behind an Italian dam killing …

Stability And Change In Procedure, Charles E. Clark

Vanderbilt Law Review

The invitation to participate in a symposium on Stability and Change Through Law, with stress upon procedure and its capacity to respond to the social and economic needs of the times, is one I have found difficult to decline. The historic and centuries-old lag in procedural advance, the great resurgence of the last quarter century, the extensive present achievements, and the vital needs for the future now apparent make this, in my judgment, the most fascinating and challenging branch of the law. And this is true, whether one looks to the law school curriculum or to the framing of judicial …

In Defense Of Administrative Regulation, Michael Conant

Indiana Law Journal

No abstract provided.

Bohakov V. The Mayor, Council, & Inhabitants Of Herzlia, Eliyahu Manny, Binyamin Halevy, Yitzhak Olshan

Translated Opinions

Under a road construction scheme. the local authority planned to construct a road across the appellant's land. Notice was sent to the latter, asking him to vacate the land affected and move the fences and that in default the local authority would do so at his expense. The appellant refused to comply and informed the respondent that he would deny it and its agents access to the land. Some days afterwards, local authority employees tore down the fences involved, uprooted trees and began to lay a road close to the appellant's dwelling. The appellant called the police who did not …

Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper

Washington Law Review

In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review …

Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin

Washington Law Review

In Deering Milliken, Inc. v. Johnston, the Court of Appeals for the Fourth Circuit held that a district court had jurisdiction to enjoin a regional director of the National Labor Relations Board from proceeding with certain further hearings that the Board had ordered. The court of appeals decided that the plaintiff was not precluded from turning to the district court for protection of its rights, because there were no administrative remedies available.

Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins

Washington Law Review

In the recent case of United States v. Aarons, the failure of the Coast Guard to publish one of its substantive rules in the Federal Register was held not to bar conviction for violation of the rule where the defendants had actual knowledge of the contents of the rule violated. In so holding the Court of Appeals for the Second Circuit refused to follow the Ninth Circuit decision to the contrary in Hotch v. United States.

Administrative Law -- 1962 Tennessee Survey, Val Sanford

Vanderbilt Law Review

The writing of this article is an experience in frustration and despair, for in Tennessee there is little recognition of the existence of any such body of principle, of legal concepts and techniques, of procedures and practice, as "administrative law." There is one law, substantive and procedural, for beer boards, another for the Public Service Commission, another for the rate-making decisions of the insurance commissioner, another for employment insurance benefits,another for licensing well-diggers, and so on ad infinitum--a separate law, both substantive and procedural, not only for each agency, but often for each function within an agency. All of these …

The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen

Michigan Law Review

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …

Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe

Michigan Law Review

The requirement of "ripeness" as a condition for judicial review is not so much a definable doctrine as a compendious portmanteau, a group of related doctrines arising in diverse but analogically similar situations. In its most general sense ripeness is a requirement not of the administrative action to be reviewed but of the judicial controversy between the plaintiff and the agency. Consider the case where an agency has gone no further than to threaten a certain action which the plaintiff in an equity or declaratory proceeding claims would be contrary to law: here, in all strictness, the controversy concerns …

Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Voluntary Compliance: An Adjunct To The Mandatory Processes

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

The Gasoline Price Wars: A Case Study Of The Shortcomings Of The Mandatory Processes

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Soviet Legal Institutions: Doctrines And Social Functions, By Kazimierz Grzybowski; Soviet Administrative Legality: The Role Of The Attorney General's Office, By Glenn G. Morgan, Darrell P. Hammer

Indiana Law Journal

No abstract provided.

Enforcement, Voluntary Compliance, And The Federal Trade Commission, Daniel Jay Baum, Eugene R. Baker

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Interstate Dissemination Of Advertising: Jurisdiction Which Must Be Earned

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

Effective Guidance Through Cease And Desist Orders: The T-V Commercial

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement

The Exhaustion Of Administrative Remedies, Louis L. Jaffe

Buffalo Law Review

No abstract provided.

Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin

Michigan Law Review

The petitioner delivered goods to respondent, a common carrier by motor vehicle, for shipment from Buffalo, New York, to New York City, with the route of shipment left unspecified. The goods were shipped over the carrier's interstate route at a higher tariff filed with the Interstate Commerce Commission rather than over its intrastate route at the lower tariff filed with the New York Public Service Commission. Alleging causes of action under the Motor Carrier Act and at common law, the petitioner brought a postshipment action in a federal district court seeking reparation of the difference paid. The court, after a …

Administrative Due Process In Military Proceedings, Robert D. Powers, Jr.

Washington and Lee Law Review

No abstract provided.

Administrative Law--Procedure--Right Of Interention In Fcc Rate-Making Proceeding, Jon E. Denney

Michigan Law Review

In response to a petition of the Western Union Telegraph Company, the Federal Communications Commission began an investigation of the American Telephone and Telegraph Company's tariff charges on its "telpak" service. The American Communications Association, a trade union representing Western Union workers in the New York City area, petitioned to intervene. The hearing examiner's decision to deny intervention was affirmed by the Commission. A motion for reconsideration was also denied by the FCC because the union failed to show how its intervention in the proceeding would assist the Commission in determining the issues, as required by the rule reserving to …

El-Saruji V. Minister Of Religious Affairs And The Moslem Council, Moshe Landau, Moshe Silberg, Zvi Berinson

Translated Opinions

The petitioners complained generally of the alleged interference of the Minister of Religious Affairs in matters affecting the Moslem Community of Acre and more particularly of the activities and powers of the local Moslem council appointed by the Ministry.

Held. The departure from the country of Moslem leaders and officials as a result of the events of 1948 had led to a complete collapse of all Moslem institutions and their ceasing to function. In order to remedy the situation and recreate these institutions the Ministry had not proceeded under any express statutory provision but by virtue of general power vested …

Administrative Law--The Right To Judicial Review Of Administrative Action, Thomas Franklin Mccoy

West Virginia Law Review

No abstract provided.

Significant Administrative Law Decisions Of The United States Supreme Court During The October 1962-1963 Term, Benjamin N. Schoenfeld

Duquesne Law Review

During the last term of Court, the Supreme Court handed down important decisions in several aspects of the administrative process. This article will review the developments in this area of public law and examine the voting behaviour of the Justices. Of a total number of one hundred and twenty nine written opinions, sixty three dealt with constitutionally significant matters while thirty dealt with important issues in the area of administrative law. Of thirty such cases, the Court rendered twenty seven opinions and three per curiam opinions. In twelve cases, significant problems involving administrative jurisdiction were presented. The Court was primarily …

The Administrative Conference Of The United States, Ralph F. Fuchs

Articles by Maurer Faculty

As a member of the Conference, the author had an opportunity to become acquainted with its operations through experience. Although this account of the Conference reflects this experience and may be justified because of it, it expresses only such knowledge as the author has and such opinions as he has formed, for which he assumes full responsibility. He does not speak for anyone else, inside or outside of the Conference.

Administrative Law And Local Government, Bernie R. Burrus

Michigan Legal Studies Series

Part of the Legal Problems in Metropolitan Area Series by the Legislative Research Center at the University of Michigan.

Constant Surveillance: A Modern Regulatory Tool, Francis X. Welch

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel

Michigan Law Review

Plaintiffs, two interstate carriers and a municipal corporation, and defendants, four railroad companies, were parties to an investigation and suspension proceeding before the Interstate Commerce Commission. Section 15(7) of the Interstate Commerce Act allows the Commission to suspend the effectiveness of rate revisions proposed by carriers for seven months while it is deciding whether to approve them. If no decision is reached by the end of the suspension period, the proposed rates automatically become effective subject to a subsequent determination of their validity by the ICC. Expiration of the order suspending defendants' rate proposals was imminent when, in an unprecedented …

Administrative Law—Permanent State Board Of Equalization And Assessment Held Properly Constituted, Rosario J. Dilorenzo

Buffalo Law Review

Town of Smithtown v. Moore, 11 N.Y.2d 238, 183 N.E.2d 66, 228 N.Y.S.2d 657 (1962).