Law Commons^™

Zeev V. Acting District Commissioner Of The Urban Area Of Tel Aviv, Moshe Smoira, Yitzhak Olshan, Shneor Zalman Cheshin

Translated Opinions

The Acting District Commissioner of Tel Aviv purporting to act as the Competent Authority under Mandatory regulations requisitioned an apartment in Tel Aviv for the use of a government official His action was challenged on the grounds, first, that the Mandatory regulations in question had been impliedly repealed by s. 9 of the Law and Administration Oridnance of 19481) which empowered the Provisional Council to make regulations of the same kind, and secondly, that the appointment of the Acting District Commissioner as Competent Authority, being an act having legislative effect within the meaning of s.20 of the Interpretation Ordinance, 1945, …

A Review Of Annual Survey Of American Law: 1947, Edson R. Sunderland

Michigan Law Review

This is the sixth annual volume in which the faculty of the New York University School of Law has published its summary of the important developments in American law. The magnitude of the task required to produce these volumes would be considered beyond the capacity of the teaching staff of any single law school if the actual publication, year by year, of these monumental surveys did not prove that it could be accomplished.

Leon V. Acting District Commissioner Of Tel-Aviv (Yehoshua Gobernik), Moshe Smoira, Yitzhak Olshan, Simha Assaf

Translated Opinions

The Law and Administration Ordinance 1948, provides that the law which existed in Palestine on May 14, 1948, "shall remain in force... subject to such modifications as may result from the establishment of the State and its authorities".

The Acting District Commissioner of Tel Aviv, as the competent authority under the Defence Regulations of 1939, made pursuant to the (English) Emergency Powers (Defence) Act 1939, requisitioned a flat situated at no. 3, Chen Boulevard, Tel Aviv, by order dated 6 September 1948. The requisition was for the benefit of the Attorney-General who, previously to his then recent appointment to that …

Separation Of Powers, Fred L. Fox

Washington and Lee Law Review

No abstract provided.

Administrative Finality In Claims For Overcharges, Thomas P. Hardman

West Virginia Law Review

No abstract provided.

An Examination Of The Tennessee Law Of Administrative Procedure, George Street Boone

Vanderbilt Law Review

The problem of judicial review, which has been considered in some de-tail, seems a fertile field for reform. Without intending to deprecate the ability and conscientiousness of the judiciary of the state, the continued dominance of administrative procedure by this group will effectively prevent the development of an efficient body of administrative servants to discharge the ever increasing functions which are being delegated to them.

Cooperation and mutual respect between the judge and the administrator are the foundation stones upon which any satisfactory system must be con-structed. This requires considerable legislation and an awareness on the part of the judge …

Indispensable Parties In Injunction Suits Against Federal Administrative Officers

Indiana Law Journal

No abstract provided.

Attorney General's Manual On The Administrative Procedure Act, Prepared By The United States Department Of Justice; The Federal Administrative Procedure Act And The Administrative Agencies, Vol. Vii Of The New York University School Of Law Institute Proceedings, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Tennessee Judicial Highlights, Journal Staff

Vanderbilt Law Review

CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED

Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?

Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.

Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.

Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.

Elliott v. Fuqua, …

Carrow: Background Of Administrative Law, Michigan Law Review

Michigan Law Review

A Review of BACKGROUND OF ADMINISTRATIVE LAW. By Milton M. Carrow.

The Federal Administrative Procedure Act And The Administrative Agencies (1947), Vern Countryman

Washington Law Review

This book is a record of the proceedings of an institute held at the New York University School of Law in February, 1947 for the purpose of considering changes made in federal administrative processes by the Administrative Procedure Act of 1946. From this record it appears that the plan for the institute envisages (1) a general appraisal of the Act, followed by (2) consideration of its specific effects on the operations of some of the more important federal agencies, and (3) an analysis of its requirements for "rule-making," "adjudication," and judicial review.

Political Affiliation As Qualification For Office

Indiana Law Journal

Constitutional Law Note

The Model Act's Division Of Administrative Proceedings Into Rule-Making And Contested Cases, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Regulation Of Strip Coal Mining

Indiana Law Journal

State Regulation Note

Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Administrative Law

Indiana Law Journal

No abstract provided.

Public Utilities

Indiana Law Journal

Indiana Legislation, 1947

A Challenge For Unremitting Activity For Reform Of Lower Courts, Joseph R. Curl

West Virginia Law Review

No abstract provided.

Questions "Moot" On Appeal

Indiana Law Journal

Notes and Comments: Administrative Law

The Rule-Making Power

Indiana Law Journal

Notes and Comments: Procedure

Jurisdiction Of Municipal Zoning Questions

Indiana Law Journal

Notes and Comments: Administrative Law

Extent Of Judicial Review Of Administrative Tax Determinations In West Virginia, D. D. J. Jr.

West Virginia Law Review

No abstract provided.

Mandamus To Review State Administrative Action, Foster H. Sherwood

Michigan Law Review

The appearance of a substantial body of administrative law in the United States preceded its recognition as such by a good many years. In the intervening period, the courts made every effort to fit the new and unfamiliar jurisprudence into old and familiar forms, particularly those of the common law. This was a natural development, both because it accorded with common law traditions of adjustment, and because there was no legislative recognition of the view for action. The recognition that the problems of administrative law cannot invariably be solved within the framework of traditional legal concepts has paralleled the growing …

Taxation-Administrative Law-Judicial Review Of Determinations Of United States Tax Court-The Rule Of The Dobson Case, Rosemary Scott S.Ed.

Michigan Law Review

In the field of administrative tax law there is no more intriguing subject for speculation than the scope of judicial review of decisions of the United States Tax Court as sought to be delineated in Dobson v. Commissioner three years ago. The case was a valiant attempt to limit the scope of review of appellate courts by defining the area in which the findings of the Tax Court would be conclusive. The task was an impossible one at the outset because of the lack of standard definition, except at the core, of the flexible and fluid concepts of "findings of …

Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed.

Michigan Law Review

The Federal Trade Commission in proceedings under section 5 of the Federal Trade Commission Act found, inter alia, that petitioner, a manufacturer of overcoats, used a deceptive and misleading trade name, Alpacuna, which induced the erroneous belief that its coats contained vicuna. The commission issued a cease and desist order banning the use of the word Alpacuna to describe petitioner's coats. The circuit court of appeals found that the commission's findings were supported by substantial evidence, but felt that the remedy was unduly harsh because of the fact that the public interest could have been adequately protected by using qualifying …

Administrative Law-Exhaustion Of Administrative Remedies As A Prerequisite To Judicial Review-Discretionary Treatment By Federal Courts, James E. Dunlap S.Ed.

Michigan Law Review

The recent Supreme Court decision in Levers v. Anderson held that the rule that one must exhaust his administrative remedies before he is entitled to judicial review does not operate automatically so as to preclude judicial relief when such relief has been expressly permitted by statute. Stated in this way, it is difficult to see how one could reach a different conclusion. Nevertheless, it is believed that this decision, which resulted in a reversal of a circuit court's judgment, did much to remove certain confusion in this field.

Municipal Corporations-Local Administrative Law, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Administrative Law-Developments: 1940-1945 (A Service For Returning Veterans), E. Blythe Stason

Michigan Law Review

No period in American history has ushered in more sweeping changes in the legal structure than has the last decade and a half. No area of the law has witnessed more rapid development than has administrative law. A sketch of the progress of administrative law during the five-year period 1940 to 1945 reveals an important refining of the "quasi judicial" procedures--procedures which, because of their swift and topsy-turvy growth, can well use a little refining.

The purpose of the following survey is two-fold; first, to outline the more significant developments of the last half decade, relating the new materials to …

Administrative Law-Prior Resort Doctrine-Resort To The Railroad Adjustment Board Before Court Action, William H. Buchanan

Michigan Law Review

The decision in a recent case to the effect that a dispute concerning the construction of a contract of employment between a labor union and a railroad may be adjusted by carrying it before the Railroad Adjustment Board, or by carrying it directly to the courts makes this an apt time to examine the applicability of the doctrine of prior resort to disputes. covered by the Railway Labor Act. Such an examination seems especially necessary in view of the fact that in such cases the courts have not even mentioned the doctrine.

Aspects Of Wage Stabilization By The National War Labor Board, David Haber

Michigan Law Review

Most economists assume that behind an unrestricted war economy lurk the dangers of inflation. Although national income increases, so much of the country's productive effort is devoted to the manufacture of war goods that the number of articles available for civilian consumption necessarily diminishes. This gap between the available supply and the existing purchasing power has the effect of raising prices. Rising wages aggravate this situation because they increase production costs which are then passed on to the consumer in the form of higher prices, and because, by further increasing the purchasing power of the population, they increase the gap …