Law Commons^™

Administrative Law—Mode Of Selection To The Board Of Education Held To Be Within The Power And Discretion Of The Legislature, Barry D. Knox

Buffalo Law Review

Lanza v. Wagner, 11 N.Y.2d 317, 183 N.E.2d 670, 229 N.Y.S.2d 380 (1962).

Administrative Law—Teacher Tenure—Waiver, William A. Carnahan

Buffalo Law Review

Boyd v. Collins, 11 N.Y.2d 228, 182 N.E.2d 610, 228 N.Y.S.2d 228 (1962).

Administrative Law—Contractors Not Permanently Disqualified By School Board Resolution, Timothy C. Leixner

Buffalo Law Review

Caristo Construction Corp. v. Rubin, 10 N.Y.2d 538, 180 N.E.2d 794, 225 N.Y.S.2d 502 (1962).

Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith

Washington Law Review

In Gnecchi v. State the Washington Supreme Court failed to take advantage of an opportunity to discredit the right-privilege dichotomy, a concept which the court has used in the past to determine a citizen's interest in his driver's license. The court continued to consider the driver's license a privilege which may be revoked or suspended without a hearing.

Procedural Safeguards In Administrative Rule Making In Indiana, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette

Washington Law Review

In Nostrand v. Little, the Washington State Supreme Court had an opportunity to pass on the much publicized loyalty oath required of certain state employees. Against a charge that procedural due process was violated because the statute calls for immediate dismissal upon non-compliance, the court found that the oath abridged no constitutional rights of the plaintiffs, two University of Washington professors.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Due Process--Expulsion From Public University Requires Notice and Hearing

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Antitrust Law--Investigatory Powers--Federal Trade Commission Has Right To Obtain Private Copies Of Privileged Census Information

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Constitutional Law--Due Process-Escheat By One State of a Fund Claimed By Other States Held To Violate Due Process

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Sales--Warranty--Advertisement That Cigarettes Are Harmless Held An Express Warranty

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Taxation--Income Tax-Deferral Of Prepaid Income Disallowed

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Taxation--Inheritance, Estate and Gift Taxes--Blockage Rule Rejected in Evaluating Stock For Ohio Succession Tax

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Taxation--Use Tax--Commerce and Equal Protection Clauses--Discrimination Against Multi-State Business

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Torts--Negligence--Vendor of Alcoholic Beverages Held Liable for Injuries to Intoxicated Vendee Despite …

Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar

Michigan Law Review

A complaint issued by the National Labor Relations Board charged respondents, an employer and two labor unions, with illegally maintaining a closed or preferential shop. Following the issuance of the complaint, a settlement agreement was reached in which respondents stipulated to waive a hearing and all other proceedings to which they might be entitled under the National Labor Relations Act or under rules and regulations of the Board. Respondents also consented to the entry of a broad cease-and-desist order and a subsequent decree in which they were ordered to refrain from unlawful preferential hiring arrangements with each other, or with …

Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George

Journal of Legal Education

No abstract provided.

Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson

Michigan Law Review

During an adjudicatory hearing pursuant to a complaint filed by the Federal Trade Commission, counsel for the Commission offered as evidence some confidential documents subpoenaed from respondent. The hearing examiner, on his own motion, ordered all confidential documents placed in camera. Counsel for the FTC objected to the order and filed an interlocutory appeal to the Commission. On the interlocutory appeal, held, error in part. Because these documents do not contain highly secret business information they must appear on the public transcript, unless tendered to the Commission and obtained subject to an express stipulation that, if offered in …

The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn

Michigan Law Review

It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act …

Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott

Michigan Law Review

A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …

Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.

Michigan Law Review

Contracts indemnifying persons or corporations for losses and damage resulting from an interruption of business due to strikes have existed at least since the beginning of this century. The Mutual Security Company of Connecticut, for example, wrote such a policy for the Buffalo Forge on April 9, 1906. In more recent times, strike insurance agreements have been instituted in major industries, and their impact on collective bargaining has been the subject of some controversy. The purpose of this comment is to consider the federal income tax questions which arise from such arrangements. Specifically, attention is directed to the deductibility of …

Citizenship - Judicial Review - One Deprived Of Citizenship Under Immigration And Nationality Act May Seek Injunctive Relief Under Administrative Procedure Act And Declaratory Judgment Act, Stuart Hubert Savett

Villanova Law Review (1956 - )

No abstract provided.

Ftc Procedure Revisions: A Critique, Martin F. Connor Iii

Villanova Law Review (1956 - )

No abstract provided.

Section 5 Of The Federal Trade Commission Act: A Continuing Process Of Redefinition, Eugene R. Baker, Daniel J. Baum

Villanova Law Review (1956 - )

No abstract provided.

Administrative Versus Judicial Determinations Of Citizenship: Some Problems In The Administration Of Section 360 Of The Immigration And Nationality Act

Indiana Law Journal

No abstract provided.

Judicial Review Of Administrative Agency Actions In Indiana

Indiana Law Journal

No abstract provided.

New Jersey Administrative Law: The Nature And Scope Of Judicial Review, Norman C. Thomas

Villanova Law Review (1956 - )

No abstract provided.

Federal Agency Investigations: Procedural Rights Of The Subpoenaed Witness, Frank C. Newman

Michigan Law Review

This article is designed to help fill a gap in the literature and to warn government attorneys, particularly, about some questionable asides in the Hannah case. We shall not deal with record-keeping requirements or with agency inspections, subpoenas duces tecum, and related search and seizure problems. The focus instead is on the subpoenaed witness; that is, a man who knows that force may be used against him unless pursuant to government command he appears and answers questions. We examine several rights that may protect the witness; and we shall also ask whether the agencies, to discharge their governmental duties, truly …

Federal Agency Investigations: Requirements For The Production Of Documents, Frank E. Cooper

Michigan Law Review

The United States district courts are frequently called upon to decide whether an administrative agency is entitled to enforcement of a subpoena requesting production of documentary evidence which the person to whom the subpoena is addressed assails as an unnecessary and improper inquisitorial investigation.

Neither the statute nor the decision-landmarks though they both are-offers a convenient rule of thumb to guide the district courts in the intensely difficult problems posed by requests for enforcement of administrative subpoenas.

However, an examination of the decisions passing upon such requests does disclose the standards by which the courts apply the three classic tests, …

Administrative Law—Insurance Regulation With Respect To Premium Rates For Credit Life Insurance Held Valid, Buffalo Law Review Board

Buffalo Law Review

Old Republic Life Insurance Co. v. Wickler, 9 N.Y.2d 524, 215 N.Y.S.2d 481 (1961).

Administrative Law—Power Of Attorney General Under Martin Act Extends To Investigation Of Investment Company Which Published Questionable Book, Eugene J. Smolka

Buffalo Law Review

In re Attorney General, 10 N.Y.2d 108, 217 N.Y.S.2d 603 (1961).

Administrative Law—Discriminatory Visa Requirement Not Bona Fide Occupational Requirement, Jerome D. Remson

Buffalo Law Review

American Jewish Congress v. Carter, 9 N.Y.2d 223, 213 N.Y.S.2d 60 (1961).

Administrative Law—The Public Authority And Sovereign Immunity, Francis P. Mcgarry

Buffalo Law Review

Benz v. New York State Thruway Authority, 9 N.Y.2d 486, 215 N.Y.S.2d 47 (1961); New York Post Corp. v. Moses, 10 N.Y.2d 199, 219 N.Y.S.2d 7 (1961).

Administrative Law—Right To Receive The Report Of Sla Hearing Officer, Louis H. Siegel

Buffalo Law Review

Sorrentino v. State Liquor Authority, 10 N.Y.2d 143, 218 N.Y.S.2d 635 (1961).

Administrative Law—Article Vii, Section 7 Of State Constitution Not To Be Given Retroactive Effect, Buffalo Law Review Board

Buffalo Law Review

Ayman v. Teachers Retirement Board, 9 N.Y.2d 119, 211 N.Y.S.2d 198 (1961).

Administrative Law—Conflict Of Interest Statutes Strictly Applied To Acts Of Public Officials, Buffalo Law Review Board

Buffalo Law Review

Baker v. Marley, 8 N.Y.2d 365, 208 N.Y.S.2d 449 (1960), DePerno v. Dulan, 9 N.Y.2d 433, 214 N.Y.S.2d 434 (1961).

Administrative Law—Traffic Order To Be Filed With Department Of State, Buffalo Law Review Board

Buffalo Law Review

People v. Cull, 10 N.Y.2d 123, 218 N.Y.S.2d 38 (1961).

Administrative Law—Reasonableness Of Autopsy: Jury Question Where Circumstances Are Consistent With Accidental Death, Buffalo Law Review Board

Buffalo Law Review

Brown v. Broome County, 8 N.Y.2d 330, 207 N.Y.S.2d 657 (1960).