Law Commons^™

Agency—Non Enforceability Of Joint Venture, Walter Barrett

Buffalo Law Review

Weisman v. Awnair Corporation of America, 3 N.Y.2d 444, 165 N.Y.S.2d 745 (1957).

Administrative Law—Board Member Absent From Administrative Hearing Entitled To Vote, George M. Gibson

Buffalo Law Review

Taub v. Pirnie, 3 N.Y.2d 188, 165 N.Y.S.2d 1 (1957).

Administrative Law—Denial Of Certificate Of Eviction—Bad Faith, Thomas Rosinski

Buffalo Law Review

Friedman v. Weaver, 3 N.Y.2d 123, 164 N.Y.S.2d 404 (1957).

Administrative Law—Regulation Of Unprofessional Conduct, George M. Gibson

Buffalo Law Review

Strauss v. University of State of New York, 2 N.Y.2d 464, 161 N.Y.S.2d 97 (1957).

Administrative Law—Retroactive Application Of Administrative Order, James Carlo

Buffalo Law Review

Alamac Estates v. McGoldrick, 2 N.Y.2d 87, 156 N.Y.S.2d 853 (1956).

Washington Legislation—1957; Administrative Law, Philip A. Trautman

Washington Law Review

The following articles, the work of the faculty of the School of Law, constitute the first academic comment on the laws of 1957. 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 deals with amendments cause veto of Model State Administrative Procedure Act legislation.

Bills And Notes -- 1957 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Since usury constitutes a defect in title under section 59 of the Negotiable Instruments Law, which defect apparently will be purged under the Tennessee law if the note gets into the hands of a holder in due course, there arises some questions as to the burden of proof in connection with establishing whether the holder is a holder in due course--Braswell v. Tindall is somewhat unusual in that the maker of the note is seeking by his affirmative action, as plaintiff, to dislodge the defendant-holder from his position as a holder in due course so that the defect in title …

Administrative Law -- 1957 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Only a few cases by the Tennessee Supreme Court decided during the survey year considered questions of general administrative law. These concerned the timing and extent of judicial review of administrative action and the conduct of hearings by agencies.

Prerequisites to Judicial Review: Whether available administrative remedies must be exhausted by a litigant before seeking a review or other relief by court action is a question not always capable of exact prediction.' The "long settled rule of judicial administration that no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been …

Agency -- 1957 Tennessee Survey, F. Hodge O'Neal

Vanderbilt Law Review

Several interesting and significant decisions in the fields of agency and master and servant were handed down during the survey period. This article discusses the decisions in groups, each group being placed under a topic heading which is designed to give the reader an idea of the particular phase of agency law involved in that group of cases.

Establishing that Tort feasor is a Servant of Defendant: It is elementary law of course that a master is liable for the torts of his servant acting within the scope of his employment. A question often arises, however, as to whether a …

Washington Case Law - 1956; Administrative Law, William Fraser

Washington Law Review

Presented below is the fourth annual Survey of Washington Case Law. The value of such a survey is attested by the increasing number of publications which publish similar surveys dealing with the case law of their respective jurisdictions. The articles appearing herein have been prepared by second year student invitees to the Law Review as a part of their program for nomination to the Editorial Board. The second year students were guided in their work by third year student members of the Editorial Board and by various members of the faculty of the Law School. The Administrative Law section deals …

Book Reviews, Robert Kramer, John R. Mcdonough Jr., Richard W. Jennings, James C. Rehberg, Eugene F. Scoles, Norman S. Hull, Oval A. Phipps, William D. Hawkland, Willard Hurst

Journal of Legal Education

No abstract provided.

Drafting Of Grievance And Arbitration Articles Of Collective Bargaining Agreements, Charles A. Reynard

Vanderbilt Law Review

When the parties to collective bargaining negotiations formulate the provisions of their contract relating to grievances and arbitration, they are establishing the basic system of private administrative law that will govern the plant community for the period of the agreement. This is obviously a task that involves more than mere words and phrases. The maturity of their relationship, their respective understandings of the place of collective bargaining in our industrial society, the size and nature of the plant, and innumerable other considerations will substantially influence the choice of language and procedures adopted in the framing of these provisions. Because of …

Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.

Michigan Law Review

A recent Kentucky amendment to its perpetuities statute follows the lead of Illinois in seeking a legislative solution to the problems inherent in applying the rule against perpetuities to administrative contingencies. The amendment provides, inter alia, that the vesting of any limitation of property "shall not be regarded as deferred for purposes of the rule against perpetuities or regarded as a suspension of the power of alienation of title to property merely because the limitation is made to the estate of a person, or to a personal representative, or to a trustee under a will, or to take effect on …

Regulatory "Executive Privilege" To Withhold Evidence

Indiana Law Journal

No abstract provided.

Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott

Michigan Law Review

Respondent railroads sued in the Court of Claims to recover from petitioner United States, as shipper, the difference between actual tariff payments and those allegedly due on shipments of aerial bomb cases containing napalm gel. Petitioner alternatively asserted that (1) since the bombs as shipped were non-explosive, respondent's advocated classification as "incendiary bombs" was inapplicable, or (2) if such classification were held to apply, then the rate was unreasonable, and preliminary resort to the Interstate Commerce Commission must be had for a determination of reasonableness. On certiorari from summary judgment for respondent, held, reversed. The commission has exclusive primary …

The Doctrine Of Precedent As Applied To Administrative Decisions, Ray Jay Davis

West Virginia Law Review

When the Twentieth Century acceleration of administrative dispensation of justice has come criticism of procedures followed by administrative agencies. Many complaints focus upon procedural differences between administrative and judicial adjudication, considering the latter as the acceptable norm and any deviation therefrom by administrative officials as erroneous. One such objection is that administrative tribunals do not adhere to the Anglo-American doctrine of precedent; that, instead of acting in accord with generalizations gleaned from their previous adjudications, they treat each case as a single, unique instance. Criticism of this sort presupposes that the same values served by judicial adherence to precedent are …

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

The National Labor Relations Board And Its Operations, Charles Sandberg, William Naimark

Buffalo Law Review

No abstract provided.

Administrative Law—Unprofessional Conduct Proceeding, Edwin Yaeger

Buffalo Law Review

Dubin v. Board of Regents, 1 N. Y. 2d 58, 133 N. E. 2d 697 (1956).

Administrative Law—Review—Statute Of Limitations, Weston Wardell Jr.

Buffalo Law Review

Foy v. Schechter, 1 N. Y. 2d 604, 136 N. E. 2d 883 (1956).

Passports--A Modern Gordian Knot, Melvin Scott

Kentucky Law Journal

No abstract provided.

Administrative Law - Judicial Control - Veterans Administration's Findings Of Law And Fact Are Not Conclusvie In Government's Suit To Recover Sums Allegedly Due From Veteran, James M. Porter S.Ed.

Michigan Law Review

An action was brought by the United States to recover sums of money paid to a veteran as an employment readjustment allowance. It was claimed that the defendant was not entitled to the money because of his misstatement of earnings. Prior to this action, an administrative finding that the defendant had knowingly received the allowance contrary to law and was obliged to return it was approved by the Administrator of Veterans' Affairs. The government maintained that section 705 of the Servicemen's Readjustment Act required that the administrator's findings of law and fact be conclusive and binding on the court. The …

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss

Michigan Law Review

In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …

Licensing, And Administrative Procedure Acts, Homer W. Giles

Cleveland State Law Review

Licensing laws have proved to be very effective governmental regulatory devices. Although the supposed purpose of government in requiring a license for a particular activity is to regulate, "by a general formal denial of a right, which is then made individually available by an administrative act of approval, certification, consent or permit," the effect in many cases is actually to prohibit. While government should be permitted to prohibit activities which it regards with disfavor, it should not be permitted to allow an administrative agency to deprive a person of a license for a business or occupation, otherwise lawful, without giving …

Administrative Law—Review Of Administrative Determination, James Carlo

Buffalo Law Review

First Terrace Gardens v. McGoldrick, 1. N.Y. 2d 1, 132 N.E. 2d 887 (1956).

Administrative Law—New Findings Based On Annulled Proceedings, Ronald Meer

Buffalo Law Review

Fink v. Cole, 1 N. Y. 2d 48, 133 N. E. 2d 691 (1956).

Small Business Administration , Edward Schoen Jr.

Maryland Law Review

No abstract provided.

A Treatise On Administrative Law, Ray J. Davis

West Virginia Law Review

No abstract provided.

Administrative Officers' Tort Liability, Kenneth Culp Davis

Michigan Law Review

Case law on tort liability of public officers and employees is much more interesting than one might expect on the basis of abstract contemplation. The traditional common-law notion that an employee should, as against the employer, bear the ultimate responsibility for his negligence has been exposed as seriously unrealistic in a holding by a unanimous Supreme Court; the decision concerning the government employee is potentially applicable to corporate employees. The many holdings that officers are not liable for deliberate and malicious torts are based on the intriguing view that justice cannot be done when malice is proved, without opening the …

Estoppel And Crown Privilege In English Administrative Law, Bernard Schwartz

Michigan Law Review

Perhaps the most anachronistic doctrine in Anglo-American public law is that of sovereign immunity. Under it, the State is placed in a privileged position of immunity from the principles of law which are binding upon the ordinary citizen, unless it expressly consents to be bound by such principles. In Anglo-American law the infallibility attributed to the King in the days when he was personally sovereign has been more recently recognized in the State, which the Crown now merely personifies. Thus, even today, and even in the American democracy, the basic principle of public law is that the King can do …