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Articles 13591 - 13620 of 14119

Full-Text Articles in Law

Administrative Law—Education Law Interpreted As Including Subject Area Tenure Classification, Buffalo Law Review Board Oct 1961

Administrative Law—Education Law Interpreted As Including Subject Area Tenure Classification, Buffalo Law Review Board

Buffalo Law Review

Becker v. Board of Education, 9 N.Y.2d 111, 211 N.Y.S.2d 193 (1961).


Administrative Law—Police Commissioner’S Power To Impose Disciplinary Suspension Without Salary Not Limited By Code, Buffalo Law Review Board Oct 1961

Administrative Law—Police Commissioner’S Power To Impose Disciplinary Suspension Without Salary Not Limited By Code, Buffalo Law Review Board

Buffalo Law Review

Brenner v. City of New York, 9 N.Y.2d 447, 214 N.Y.S.2d 444 (1961).


Annual Survey Of Tennessee Law, Val Sanford Oct 1961

Annual Survey Of Tennessee Law, Val Sanford

Vanderbilt Law Review

The principal conclusion to be derived from a survey of the decisions reported and the statutes adopted during the past year in the field of administrative procedure is that sound policy necessitates the enactment of a general, uniform and effective administrative procedure act in this state.The standards by which any procedural system should be measured can readily be stated. The basic purpose of any procedural system should be to attempt to assure that all matters within its scope are resolved on their true merits, and not on some failure to follow exactly the prescribed path. To accomplish this end, there …


Role Of Remedial Discretion In The Exercise Of Ad Hoc Rule Making Jul 1961

Role Of Remedial Discretion In The Exercise Of Ad Hoc Rule Making

Indiana Law Journal

No abstract provided.


The Investigatory Powers Of The Comptroller General Of The United States, Gustave M. Hauser Jun 1961

The Investigatory Powers Of The Comptroller General Of The United States, Gustave M. Hauser

Michigan Law Review

This article examines the statutory responsibility and authority of the Comptroller General to investigate executive action for the purpose of determining whether the legitimacy of his requests for information may be challenged by the executive branch on statutory as well as on constitutional grounds.


Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D. May 1961

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.

Michigan Law Review

Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …


The Administrative Agency In Historical Perspective, Bernard Schwartz Apr 1961

The Administrative Agency In Historical Perspective, Bernard Schwartz

Indiana Law Journal

Paper delivered at the New York Conference of the American Society for Legal History held at New York Law School October 24, 1960.


Henkin: Arms Control And Inspection In American Law, Eric Stein Apr 1961

Henkin: Arms Control And Inspection In American Law, Eric Stein

Michigan Law Review

A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.


The Executive Department Of Government And The Rule Of Law, Frank E. Cooper Feb 1961

The Executive Department Of Government And The Rule Of Law, Frank E. Cooper

Michigan Law Review

For a long time, people have been talking about the executive department of government and the Rule of Law. Indeed, the suggestion of Aristotle that government should be by law, and not by men, represented a protest directed to the earlier Grecian systems of despotically controlled administrative law. It is my privilege this afternoon to carry forward the discussion of a problem that has been talked about for some two thousand years: how to apply the Rule of Law to the executive agencies of the government. They are commonly called "independent agencies" within the executive branch. I suggest that the …


Constitutional Law - Judicial Determination Of Constitutional Questions - The Necessity Of Explicit Authorization Of Administrative Officers To Take Actions Which Limit First Amendment Freedoms, Walter R. Allan Feb 1961

Constitutional Law - Judicial Determination Of Constitutional Questions - The Necessity Of Explicit Authorization Of Administrative Officers To Take Actions Which Limit First Amendment Freedoms, Walter R. Allan

Michigan Law Review

Appellant applied for renewal of his radio operator's license but refused to complete an FCC form relating to past and present affiliations with the Communist Party and other organizations which advocate the violent overthrow of the United States Government. At that time, and later in a hearing granted by the FCC, appellant relied upon the first amendment to justify his refusal. Subsequently the FCC denied his application. On appeal to the Court of Appeals for the District of Columbia, held, affirmed, one judge dissenting. Pursuant to its power to grant licenses in the public interest,1 the FCC may impose …


Book Review. Davis, K.C., Administrative Law Text, Ralph F. Fuchs Jan 1961

Book Review. Davis, K.C., Administrative Law Text, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff Jan 1961

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton Jan 1961

Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs Jan 1961

Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Reviews, Arno C. Becht, Charles L. B. Lowndes, Jan Z. Krasnowiecki, J. Allen Smith, Earl Phillips, Charles J. Meyers, Kenneth S. Carlston Dec 1960

Book Reviews, Arno C. Becht, Charles L. B. Lowndes, Jan Z. Krasnowiecki, J. Allen Smith, Earl Phillips, Charles J. Meyers, Kenneth S. Carlston

Journal of Legal Education

No abstract provided.


E. Blythe Stason, John R. Dethmers Dec 1960

E. Blythe Stason, John R. Dethmers

Michigan Law Review

His extreme modesty and unwillingness to advertise himself or permit others to extol him, his utter unselfishness, and his complete subordination of self and personal interests to those of the University and Law School to which he gave four decades of loyal and devoted service, have combined to leave biographical materials about Dean E. Blythe Stason, except for the most routine accounts, almost nonexistent. Writings by him are amazing in number and scope. Writings about him can scarcely be found. This is not because there is a lack of things to write about him and his many, brilliant accomplishments in …


The Function Of Legal Philosophy, Roscoe Pound Dec 1960

The Function Of Legal Philosophy, Roscoe Pound

Vanderbilt Law Review

For twenty-four hundred years--from the Greek thinkers of the fifth century B.C. who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control--the philosophy of law has taken a leading role in all study of human institutions. The perennial struggle of American administrative law with nineteenth-century constitutional formulations of Aristotle's threefold classification of governmental power, the stone wall of natural rights against which attempts to put an end to private war in industrial disputes for a long …


Article 7 Of The Uniform Commercial Code, Douglass Boshkoff Dec 1960

Article 7 Of The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


Dedication, Michigan Law Review Dec 1960

Dedication, Michigan Law Review

Michigan Law Review

A Tribute to E. Blythe Stason


E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers Dec 1960

E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers

Michigan Law Review

The retirement of E. Blythe Stason from the deanship of the Law School of the University of Michigan affords occasion for testimonials to him and to his work, including preeminently his enormous contribution to the improvement of both federal and state administrative law. Imposing as has been his career as the beloved and successful Dean of that superb school, his eminence among the scholars and craftsmen in administrative law was achieved before he began to occupy the Dean's chair and, God willing, he will long continue to lend his strong, skilled hands to the never-ending task of the perfection of …


Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger Dec 1960

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …


International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman Dec 1960

International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …


Administrative Law—Tendency Of Court To Modify Administrative Punishment, Buffalo Law Review Oct 1960

Administrative Law—Tendency Of Court To Modify Administrative Punishment, Buffalo Law Review

Buffalo Law Review

Mitthauer v. Paterson, 8 N.Y.2d 37, 201 N.Y.S.2d 321 (1960); Brennan v. Rubino, 8 N.Y.2d 16, 200 N.Y.S.2d 633 (1960).


Administrative Law—Certain Situations Require Agencies To Grant Full Hearing, Buffalo Law Review Oct 1960

Administrative Law—Certain Situations Require Agencies To Grant Full Hearing, Buffalo Law Review

Buffalo Law Review

Realty Agency, Inc. v. Weaver, 7 N.Y.2d 249, 196 N.Y.S.2d 953 (1959).


Administrative Law—Scope Of Administrative Discretion To Grant Or Deny Licenses, Buffalo Law Review Oct 1960

Administrative Law—Scope Of Administrative Discretion To Grant Or Deny Licenses, Buffalo Law Review

Buffalo Law Review

Gross v. New York City Alcoholic Beverage Control Board,7 N.Y.2d 531, 200 N.Y.S.2d 12 (1960); Barton Trucking Corp. v. O'Connell, 7 N.Y.2d 299, 197 N.Y.S.2d 138 (1959); Swalbach v. State Liquor Authority, 7 N.Y.2d 518, 200 N.Y.S.2d 1 (1960); In re Bologno v. O'Connell, 7 N.Y.2d 155, 196 N.Y.S.2d 90 (1959).


Fairness And Effectiveness In Administrative Agency Organization And Procedures, Ralph F. Fuchs Oct 1960

Fairness And Effectiveness In Administrative Agency Organization And Procedures, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker Oct 1960

The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker

Indiana Law Journal

No abstract provided.


The Court V. The Legislature: Rule Making Power In Indiana Oct 1960

The Court V. The Legislature: Rule Making Power In Indiana

Indiana Law Journal

No abstract provided.


Abudi V. Minister Of Religion, Moshe Silberg, Alfred Witkon, Haim Herman Cohn Aug 1960

Abudi V. Minister Of Religion, Moshe Silberg, Alfred Witkon, Haim Herman Cohn

Translated Opinions

Upon the death of Chief Rabbi Herzog, an Election Committee of eight members was nominated under the Regulations to appoint and convene an Electoral Assembly. Half of the Committee was nominated by the Rabbinical Council in January 1960 and half by the Minister of Religions in June 1960. The first meeting of the Committee was convened by the Minister in July 1960, notwithstanding the claim of the Rabbinical Council that the invitation should be a joint one. In consequence, the four Council members refused to attend but subsequently one of them, Rabbi Abu Revia, relented. Thereupon the other three tendered …


Disqualification Of Administrative Officials For Bias, Robert N. Covington Jun 1960

Disqualification Of Administrative Officials For Bias, Robert N. Covington

Vanderbilt Law Review

For centuries English and American writers on jurisprudence have been concerned with the problem of the impartial tribunal. With the rise in importance of the administrative agency, which often may function as investigator, prosecutor, and judge in the same proceeding, this concern has found a new focal point.' This note is designed to explore one question arising from the problem of administrative prejudice: When should an administrative official be disqualified from acting because of his bias? In investigating this problem, we shall examine the various formulas developed by the courts before whom disqualification has been urged; call attention briefly to …