Law Commons^™

Administrative Law, Maurice S. Culp

Mercer Law Review

This study, like the one undertaken for the annual survey appearing in .the Fall, 195o issue of the Mercer Law Review, is a report and an analysis of the legislative and judicial development in the field of administrative law during the calendar period, June I, I95O to June I, 195I.

At the outset it should be indicated that this report does not purport to cover all that has happened in the field of administrative law in Georgia during the year. It should be emphasized that this is a report on the legislative and judicial development of a particular subject and …

Administrative Law. By Kenneth Culp Davis., Clyde W. Summers

Buffalo Law Review

No abstract provided.

Report Of The Committee On Administrative Law, Frederick J. Lordan

Washington Law Review

Your committee on administrative law, which was reorganized and appointed in the fall of 1950, held a series of preliminary meetings to outline the objectives of the committee and its policy with a view to correcting the obvious defects in the administrative practice and procedure in the state of Washington. Our preliminary survey revealed the startling fact that there are some forty agencies, boards, commissions, or administrators in the state of Washington authorized to make rules, hold hearings, adjudicate rights and issue orders. No uniformity exists with relation to the procedure before these agencies, and in some instances, the only …

Separation Of Powers Revisited, Reginald Parker

Michigan Law Review

Since administrative law is law that governs, and is applied by, the executive branch of government, it is necessarily as old as that branch. As long as executive and judiciary were one and the same and the king at the head of both, all of the law was in fact "administrative" though the term was not used. When, however, out of the amorphous mass of the legal order a fixed body of law courts began to emerge with jurisdiction over the most important legal problems, the term "administrative law," had it been used, would have acquired a specific meaning. Property, …

Effect Of The Taft-Hartley And Administrative Procedure Acts On Scope Of Review Of Administrative Findings

Indiana Law Journal

No abstract provided.

Administrative Law—Workmen’S Compensation—"Accidental Injury" As A Question Of Fact, Robert B. Fleming

Buffalo Law Review

Broderick v. Liebmann Breweries, 277 App. Div. 422, 100 N. Y. S. 837 (3d Dept. 1950)

Sheib V. Minister Of Defence, Shneor Zalman Cheshin, Yitzhak Olshan, Alfred Witkon

Translated Opinions

A teacher, Dr. Sheib, applied to the Principal of the Reali Montefiore School, Haifa, for employment as a teacher and was accepted subject to confirmation by the Department of Education in the Ministry of Education and Culture.

Pursuant to a general request contained in a circular sent to the principals of all classes of schools by the Director of the Department of Education, that teachers should not be employed save with the consent of the Inspector of Secondary Schools, the acceptance of Dr. Sheib as a teacher had been made conditional by the Principal upon such consent being obtained. Dr. …

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Administrative Law-Federal Trade Commission-Constitutional And Statutory Authority To Order Additional Compliance Reports, Charles Myneder S. Ed.

Michigan Law Review

Proceeding under section 5 of its organic act, the Federal Trade Commission issued an order requiring defendants to cease and desist from engaging in certain trade practices. The court of appeals, in its decree affirming the order, directed compliance reports to be filed with the commission within a specified time, reserving jurisdiction to enter further orders. Four years after the compliance reports were filed, the commission, on its own motion, ordered additional reports to show continued compliance. Defendants refused to report, challenging the authority of the commission to issue the order. The district court dismissed suit by the commission for …

Administrative Law, Maurice S. Culp

Mercer Law Review

It is unlikely that the legislative and judicial development of a particular subject will cover the principal subdivisions thereof during any given calendar year. This is especially true of Administrative Law. This subject has been truly described as the 20^th century's most distinctive contribution to the development of American law. Until very recently the subject was not recognized as sufficiently important to deserve separate treatment in digest and treatise. Even today the experienced practitioner or scholar will find important contributions to the judicial development of the subject under digest labels of a different name, especially under the classification of …

Clayton Act Quantity Limit Proceedings, Alan Buxton Hobbs

Washington and Lee Law Review

No abstract provided.

Administrative Law-Delegation Of Legislative Power To Private Groups To Set Wage Standards For Public Construction Contracts [Baughn V. Gorrell & Riley, Ky. 1949].

Washington and Lee Law Review

No abstract provided.

Government By Injunction, Charles E. Mahan

West Virginia Law Review

No abstract provided.

Administrative Law--Res Judicata--Determination Of The Jursidictional Fact, D. A. B.

West Virginia Law Review

No abstract provided.

The Substantial Evidence Rule And The Administrative Procedure Act, Bernard Schwartz

Washington Law Review

The question of the scope of judicial review of administrative determinations has been a pivotal one in American administrative law Since review is generally available over administrative determinations, the extent of review in particular cases may determine whether or not full effect is given to the legislative purpose in creating administrative agencies. "One of the principal reasons for the creation of such [agencies] is to secure the benefit of special knowledge acquired through continuous experience in a difficult and complicated field."' If the review of administrative determinations is to be very broad, with the reviewing court deciding the case de …

Fourth Series Of Thomas M. Cooley Lectures, Michigan Law Review

Michigan Law Review

The fourth series of Thomas M. Cooley Lectures will be given by E. Blythe Stason, Dean of the University of Michigan Law School, on April 24 to 28, inclusive, at 4:15 P.M. in Room 150 of Hutchins Hall, the University of Michigan. The first series of Cooley Lectures was given by Professor Henry Rottschaefer of the University of Minnesota, the second series by Professor Burke Shartel of the University of Michigan, and the third series by Professor Zechariah Chafee, Jr. of Harvard University.

The Ex Post Facto Aspect Of Administrative Law, Edgar A. Prichard

Washington and Lee Law Review

No abstract provided.

Power Of Administrative Agencies To Grant Rehearings, T. E. M., R. B. P.

West Virginia Law Review

No abstract provided.

The Hearing Examiner Fiasco Under The Administrative Procedure Act, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Ley No. 14, Procedente Del Senado, Denominada " Ley Orgánica Del Tribunal De Cuentas, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

Aprobada por la Cámara en Diciembre 16/ 1950 y promulgada en Diciembre 28/1950

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute.' This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute. This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED

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ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT

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CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING

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CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES

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CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE

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CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL

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CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES

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FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED

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INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY

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LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …

Vanderbilt: Men And Measures In The Law, Michigan Law Review

Michigan Law Review

A Review of MEN AND MEASURES IN THE LAW. By Arthur T. Vanderbilt.

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADMINISTRATIVE LAW--RADIO LICENSES--FCC CONTROL OF RADIO PROGRAMMING

CONSTITUTIONAL LAW--CORPORATIONS--STATUTE REQUIRING SECURITY FOR COSTS IN STOCKHOLDER'S DERIVATIVE SUIT

CONSTRUCTIVE TRUSTS--TAX SALES--RIGHT OF REMAINDERMAN TO PURCHASE AT TAX SALE TO THE EXCLUSION OF LIFE TENANT

CRIMINAL PROCEDURE--EVIDENCE--EXCLUSION OF VOLUNTARY CONFESSION OBTAINED DURING ILLEGAL DETENTION

DOMESTIC RELATIONS--ALIMONY-POWER OF COURT TO MODIFY OR REMIT PAST DUE INSTALLMENTS

EMINENT DOMAIN--REMOVAL COSTS WHEN PART OF A LEASE IS TAKEN--EFFECT OF RENEWAL OF OPTION TAKING ALL OF LEASE

EVIDENCE--CHARACTER WITNESS FOR ACCUSED--CROSS-EXAMINATION AS TO KNOWLEDGE OF ARREST MANY YEARS PREVIOUSLY

FEDERAL PROCEDURE--FOREIGN CORPORATIONS--WAIVER OF VENUE BY DESIGNATION OF AGENT FOR SERVICE OF PROCESS

FULL FAITH AND CREDIT--SUIT …

Legal Responsibility Of Federal Agencies

Indiana Law Journal

Government Corporations Note

Broad Scope Of State Regulatory Power Reaffirmed

Indiana Law Journal

Recent Cases: Due Process

Limitations On Congressional Investigation, George Meader

Michigan Law Review

Increasingly, federal laws embodying far-reaching national policies are being couched in broad and general terms. The effect of this type of legislation is to place wide discretionary powers in administrative officials and to throw upon the courts an immense burden of interpretation in applying general principles to specific factual situations. There have been sensational instances of hasty passage of corrective legislation made necessary by court decisions interpreting a poorly worded law in a way Congress did not intend, such as the portal-to-portal and overtime-on-overtime decisions. Meanwhile, the practicing lawyer is at a loss to advise his clients of the effect …

Administrative Tribunals-Judicial Review Of Administrative Interpretations Of Statutory Provisions-Recent Federal Developments, L. B. Lea S. Ed.

Michigan Law Review

The first half-century of experience with administrative tribunals demonstrated that prediction of the scope of judicial review in any particular case was impossible because so many factors entered into determination of the question. Constitutional limitations began to receive less emphasis as practical necessity for according this new "fourth branch" of government a place in the broad scheme of administration of justice became more apparent. Doubtlessly the courts felt that "supremacy of law" demanded closest scrutiny of the activities of this new governmental instrumentality, which was beginning to occupy areas traditionally thought reserved exclusively for the judiciary. As the courts' respect …

Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.