Law Commons^™

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …

Book Reviews, Laurence H. Eldredge, Henry N. Williams

Vanderbilt Law Review

Evidence of Guilt: Restrictions Upon its Discovery or Compulsory Disclosure

By John MacArthur Maguire

Boston: Little, Brown &Co. 1959. Pp. xi, 295. $12.50

reviewer: Edmund M. Morgan

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Government and Public Administration

By John D. Millett

New York. McGraw-Hill Book Co. 1959. Pp. x, 477. $7.95

reviewer: Henry N. Williams

Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe

Michigan Law Review

Petitioner instituted this action before the Tax Court for a review of rulings by the Commissioner of Internal Revenue determining deficiencies in the payment of his income taxes. The Tax Court held that it was not subject to the Administrative Procedure Act and had no means whatever of bringing before it the entire record, so called, that was before the Commissioner. On appeal, held, affirmed. Judicial review of the "whole record" mentioned in section 10 (e) of the Administrative Procedure Act envisages, in the case of adjudication, a review of the record made in cases governed by sections 5, …

Administrative Law - Powers Of Agencies - Right Of Registrant To Withdraw Registration Statement Filed With The Securities And Exchange Commission, John Edward Porter

Michigan Law Review

Petitioner filed a registration statement with the Securities and Exchange Commission for an issue of corporate stock. Shares of the same class as those being registered were widely held by members of the public. Petitioner repeatedly amended the statement, so that it had not yet become effective nearly three months after the initial filing. At this time, petitioner sought to withdraw its registration statement. The commission denied the application for withdrawal, and after a hearing, issued a stop order, preventing the statement from becoming effective and indicating its unreliability. On petition for review of the order, held, affirmed. Where …

Attorney General V. Hornstein, Shimon Agranat, Moshe Silberg, David Goitein

Translated Opinions

Section 25(1) of the Road Transport Ordinance and section 99(1) of the Municipal Corporations Ordinance provide as follows:

"25(1) A municipal...council may, with the consent of the district commissioner and the licensing authorfty, make bye-laws in regard to the following matters-...

(b) the regulation by prohibition or otherwise of vehicles when stationary within the municipal... area."

"99(1) A municipal council may make by-laws to enable or assist it to carry out any of the matters it is required or empowered to do under...any other Ordinance... and may by such by-laws provide for the payment of any fees...by any person...in connection …

Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach

Michigan Law Review

A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.

Needed-Uniform Utility Rate Laws, Robert E. Loew

Cleveland State Law Review

This study consists of an analysis of the statutory standards, court decisions, and utility commission decisions used in fixing telephone or other utility rates, where the same are used regardless of the nature of the utility, in each of fifty-one jurisdictions in the United States.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes

Publications

No abstract provided.

Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.

Michigan Law Review

The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.

Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan

Journal of Legal Education

No abstract provided.

Administrative Law - Procedure - Consideration Of Initial Rate In Natural Gas Act Sale Certification, Robert Jillson

Michigan Law Review

In a Natural Gas Act sale certification proceeding the Federal Power Commission twice refused to issue an unconditional certificate, finding public convenience and necessity unproved because the unprecedented initial contract rate was not "shown to be in the public interest." Applicants declined to present evidence of the reasonableness of the initial contract rate. A commission proposal to certify at a lower rate, with increase to the contract price after twenty-four hours of delivery but under the public protection provisions of section 4 of the act, was refused. After being informed that the applicants would not dedicate the gas to the …

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Constitutional Law--1959 Tennessee Survey, Elvin E. Overton

Vanderbilt Law Review

A smaller number of cases have been selected for inclusion in this year's survey. Seven cases are included, including one federal court decision dealing with a municipal ordinance. In addition, two specific acts of the General Assembly are noted although there has as yet been no opportunity for the courts to rule upon them.

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

The subject of administrative law in Tennessee remained generally static in the year in review. The supreme court held consistently to its line of decisions concerning review of administrative actions in the limited number of decided cases concerning the subject. The 1959 General Assembly of Tennessee made some sweeping revisions in the organization of several departments of government and various agencies and boards but these changes were solely for purposes of administrative efficiency and economy with no practical jurisdictional, regulatory or substantive effect.

Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck

Washington Law Review

The following articles, the work of the faculty of the School of Law and a member of the Washington Bar, constitute the first academic comment on the laws of 1959. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are merely a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Administrative Law section covers the Administrative Procedure Act (Trautman and Peck) and counties—coordination of administrative procedures (Trautman).

Prolegomenon To A Modernized Study Of Administrative Law, Arthur S. Miller

Journal of Legal Education

No abstract provided.

Wasted Hours In The Administrative Law Course, Frederick Davis

Journal of Legal Education

No abstract provided.

Washington Case Law—1958; Administrative Law, Philip B. Wilson

Washington Law Review

Presented below is the sixth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by third-year students on the staff of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1958. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …

Book Reviews, Vern Countryman, Maurice H. Merrill, Nathan P. Feinsinger, Heinrich Kronstein, Caroll W. Weathers, Walter O. Weyrauch, Harry N. Rosenfield

Journal of Legal Education

No abstract provided.

Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.

Michigan Law Review

On August 23, 1958 the President signed into law the most important piece of aviation legislation to come out of Congress in the past two decades. After several study groups had worked on the air safety problem, the President acted in February 1956 by appointing Edward P. Curtis as his Special Assistant for Aviation Facilities Planning. In May 1957 the now famous Curtis Report was submitted to Congress in which it was suggested that an independent aviation agency be set up by 1959. It took several major air tragedies, however, to awaken Congress and the nation to the need for …

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith

Michigan Law Review

The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.

Jencks And Administrative Proceedings: Conscientious Objectors And Government Employees

Indiana Law Journal

No abstract provided.

Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.

Michigan Law Review

United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …

Oversight And Oversights In Administrative Law Teaching, Bernard Schwartz

Journal of Legal Education

No abstract provided.

Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood

Michigan Law Review

Plaintiff, an independent shipper, sought review of a Federal Maritime Board order approving under section 15 of the Shipping Act an association's dual-rate contract system found to be "a necessary competitive measure to offset the effect of non-conference competition." The court pf appeals set aside the Board's order on grounds that the system was prohibited by section 14 Third of the same act. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. A dual-rate contract system found by the FMB to be designed to meet outside competition is a "resort to other discriminatory or unfair …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer

Faculty Scholarship

No abstract provided.

Comments, Varopis Editors

Villanova Law Review (1956 - )

No abstract provided.