Law Commons^™

Civil Procedure And Evidence—Review Of Administrative Action, Jacob Sommerstein

Buffalo Law Review

Fieger v. Glen Oaks Village, 309 N.Y. 527, 132 N.E. 2d 492 (1956).

Administrative Law -- 1956 Tennessee Survey, James B. Earle

Vanderbilt Law Review

Questions of the scope and timing of judicial review of administrative agency action were again before the courts during the period covered by this survey. Timing of Judicial Review: The problem of "timing" of judicial review of administrative action includes questions of the availability of administrative remedies and whether their exhaustion must be required before court action; ripeness for review, usually associated with the issuance of agency rules and regulations; and jurisdictional questions vis-a-vis the agency and the court.

Selective Service: Judicial Review Of Classification, Tamara S. Pasichniak

Buffalo Law Review

United States v. Palmer, 223 F. 2nd 893 (3rd Cir. 1955).

Administrative Law--Extent Of Judicial Review--Rulings Of The Federal Communications Commission, B. F. D.

West Virginia Law Review

No abstract provided.

The Proxy Rules And The Proxy Fight, Richard W. Duesenberg

Buffalo Law Review

No abstract provided.

Determination Of Heirship, Paul E. Basye

Michigan Law Review

Nearly a hundred years have elapsed since the Supreme Court emphatically voiced its conviction as to the necessity of having some method for making a final determination concerning the devolution of the ownership of property upon the death of its owner.

Patent Office Performance In Perspective, George E. Frost

Michigan Law Review

" the only patent that is valid is one which this Court has not been able to get its hands on."

Justice Jackson's note of despair reflects all too accurately the treatment patents have seemingly received in the hands of the courts since the "new trend" of recent years. It has become the legal fashion to characterize letters patent as something the Patent Office issues and the courts strike down. Statistical support for this conclusion can be readily assembled.

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."

Administrative Law—Mandamus, Alan H. Levine

Buffalo Law Review

O'Reilly v. Grumet, 308 N. Y. 351, 126 N. E. 2d 275 (1955).

Administrative Law—License Suspension For Habitual Or Persistent Violation, Dawn Girard

Buffalo Law Review

Ross v. Mac Duff, 309 N. Y. 56, 127 N. E. 2d 806 (1955).

Administrative Law—Civil Service, Veterans Preference, Leon Schulgasser

Buffalo Law Review

McQuillen v. Schechter, 309 N. Y. 15, 127 N. E. 2d 731 (1955).

Administrative Law—Revocation Of Driver's License On Foreign Conviction, Leon Schulgasser

Buffalo Law Review

Moore v. Mac Duff, 309 N. Y. 35, 127 N. E. 2d 741 (1955).

Postal Sanctions: A Study Of The Summary Use Of Administrative Power

Indiana Law Journal

No abstract provided.

Administrative Law—Civil Service: Veterans, Alan H. Levine

Buffalo Law Review

O'Day v. Yeager, 308 N. Y. 580, 127 N. E. 2d 585 (1955).

Administrative Law—Liquor Licenses, Dawn Girard

Buffalo Law Review

Migliaccio v. O'Connell, 307 N. Y. 566, 122 N. E. 2d 914 (1954); Brenner v. O'Connell, 308 N. Y. 636, 127 N. E. 2d 715 (1955).

Administrative Law—Review Of Administration Determination, Leon Schulgasser

Buffalo Law Review

Kilgus v. Board of Estimate of City of New York, 308 N. Y. 620, 127 N. E. 2d 705 (1955).

Gray Vs. Powell And The Scope Of Review, Bernard Schwartz

Michigan Law Review

In dissenting from the decision of the Supreme Court in a celebrated administrative-law case, Justice Jackson once declared: "I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.' " It cannot be denied that the learned justice's reaction is one which is often felt by students of Supreme Court jurisprudence. This has been particularly true of the field involved in the case which called forth Justice Jackson's plaint--i.e., that of administrative law. American administrative lawyers have not infrequently had this same response to decisions of …

Regulating Business By Independent Commission, By Marver H. Bernstein, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Book Reviews, Willburt D. Ham, Samuel I. Shuman, Boaz Siegel, James H. Currie, Elvin R. Latty, James C. N. Paul, William F. Fratcher, W. Edward Sell, Robert N. Cook, W. J. Brockelbank

Journal of Legal Education

No abstract provided.

Administrative Law -- 1955 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Judicial review of administrative agency action, with emphasis upon the limited nature of such review, has again been of major importance in Tennessee Administrative Law during the survey period, This is shown to be true not only in the number of decisions but also in the frequent utilization (and apparent broadening) of the doctrine of Hoover Motor Express Co. v. Railroad & Public Utilities Commission in according finality to administrative action. In addition to holdings on various aspects of judicial review, the Tennessee appellate courts contributed important decisions during the survey period dealing with delegation of legislative power and the …

Antitrust Administration And Enforcement, John T. Chadwell

Michigan Law Review

The importance of the nation's antitrust policy requires that administration and enforcement powers and techniques be equal to the huge task of effectively safeguarding competition. The recommendations of the Attorney General's Committee represent a statesmanlike effort to balance the need for effective enforcement with the need for the preservation of fairness and the conservation of time and resources in antitrust litigation. Some of the recommendations will undoubtedly engender heated controversy; others seem relatively uncontroversial.

Many individual topics are dealt with in the Report of the committee and space does not permit comment upon all of them. The following discussion is …

Administrative Law--Judicial Review--Certification Of Questions Of Law, R. H. T. Jr.

West Virginia Law Review

No abstract provided.

Burka'an V. Minister Of Finance, Haim Herman Cohn, David Bechor, Meir Shamgar

Translated Opinions

An order nisi required that Respondent 2 (The Company for the Reconstruction and Development of the Jewish Quarter) show cause as to why it should refrain from granting a lease to the Petitioner for one of the apartments regarding which the Respondent published an “offer of apartments to the public”, and why the provision under which the offering is limited to Israeli citizens and new olim [immigrants under the Law of Return] should not be revoked.

The High Court of Justice held:

A. The Respondent’s demand that the lessees of apartments in the Jewish Quarter of Jerusalem’s Old City be …

Yehoshua V. Appeals Tribunal Under The Invalids Law, Yitzhak Olshan, Zvi Berinson, Alfred Witkon

Translated Opinions

The petitioner applied to the High Court for an order of certiorari against the Appeals Tribunal set up under the Invalids (Pensions and Rehabilitation) Law, 1949, and prayed to set aside the decision of the Tribunal rejecting his appeal against the refusal of the competent authority to recognise his right to a pension. He alleged that the Tribunal had ignored certain medical evidence.

Held (by Olshan P. and Berenson J., Witkon J. dissenting):

(1) The High Court has no jurisdiction to review the decision of the Appeals Tribunal, and the application must be refused.

Zeraubavel v. Appeals Tribunal under Fallen …

Use Of Mandamus To Review Administrative Actions In New York, Gerard Ronald Haas

Buffalo Law Review

No abstract provided.

White: The Jacksonians, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

A Review of The Jacksonians. By Leonard D. White

"Cost Of Money" As The Determinant Of Public-Utility Rates, Harold M. Somers

Buffalo Law Review

No abstract provided.

Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller

Michigan Law Review

For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …

Stipulations--Operation And Effect--Administrative Compared With Judicial Proceedings, H. C. B.

West Virginia Law Review

No abstract provided.

Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge

Washington Law Review

No abstract provided.