Law Commons^™

Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite

Michigan Law Review

One of the most important cases before the courts was decided by the Circuit Court of Appeals of the District of Columbia on June 4--a case involving asserted absolute discretion in a government official to determine the right to second-class mail privileges, and thereby, indirectly, to censor the press. The background facts of the case are essential to appreciation of its importance.

Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 2], Lennart Vernon Larson

Washington Law Review

A continuation of the article from the January 1945 issue.

The Problem Of Reform Of Administrative Procedure, Frederick K. Beutel

Faculty Publications

No abstract provided.

Book Review. Michigan Administrative Code, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 1], Lennart Vernon Larson

Washington Law Review

The purpose of this article is to investigate to what extent administrative determinations in the State of Washington may be judicially reviewed by use of the extraordinary writs. These writs include certiorari, mandamus, quo warranto, injunction, prohibition, and habeas corpus. Statutory appeal is allowed from many state agencies, and its scope will be discussed with care. Consideration will also be given to the distinction between direct and collateral attacks upon administrative proceedings. No conclusion will be drawn as to whether or not the tendency to set up boards and commissions is to be deplored. But light should be thrown on …

The Present Status Of The Attorney In Civil Service, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Fpr No. 1, An Experiment In Standardized And Prefabricated Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Improving The Administration Of Justice, John J. Parker

Indiana Law Journal

No abstract provided.

Proposed Legislation As To Federal Administrative Procedure, Roscoe Pound

Indiana Law Journal

No abstract provided.

A Further Legal Inquiry Into Renegotiation: Ii, Charles W. Steadman

Michigan Law Review

Several issues concerning constitutionality of the Renegotiation Act were discussed in a previous article. That prior inquiry was, of course, not complete, nor is it possible here to exhaust all of these problems. The changes which the Revenue Act of 1943 made in renegotiation together with the manifest importance of this subject and the national interest which has been created by the challenges made concerning its constitutionality warrant further inquiry into this phase of the act. The issues of delegation of legislative authority, impairment of contracts, due process and judicial review, as well as the nature of renegotiation as a …

The Authority Of The National War Labor Board Over Labor Disputes, Leonard B. Boudin

Michigan Law Review

The National War Labor Board has reached the respectable age of two years. Supported originally only by the President's war powers, it has secured compliance with its orders, has weathered a minor congressional investigation, and has built up a body of decisions whose effect will continue after the war. These facts, as well as certain signs of the conservatism which appears to strike all government agencies at one time or another, entitle the board to a short survey of certain aspects of its jurisdiction and authority.

Administrative Law-Price Control Act-Recent Amendments, Robert A. Sprecher

Michigan Law Review

On July 1, 1944, the "Stabilization Extension Act of 1944" became effective, thereby introducing several important changes in the field of price control law. Many of these changes have the effect of granting relief to persons subject to price control, while others are designed to aid the price administrator in his enforcement of the Price Control Act.

The Lawyer And Governmental Administration, Cleon H. Foust

Indiana Law Journal

A Symposium on Post War Problems of the Legal Profession.

Judgments-Declaratory Judgment As To The Applicability Of A Penal Statute To The Plaintiff's Proposed Activity Denied, Mary Jane Plumer

Michigan Law Review

Plaintiff was informed by the Commissioner of Food and Drugs of the Federal Security Agency that its proposed shipments of artificially colored poppy seeds in interstate commerce, notwithstanding that they were properly labeled, would be a violation of the section 402 of the Federal Food, Drug, and Cosmetic Act, and would subject it to the penalty prescribed in that act. It thereupon brought an action against the Federal Security Administration and the Attorney General for a declaratory judgment that such shipments were not prohibited by the act. Held, relief denied on the ground that neither of the defendants had …

Abstracts, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Federal Civil Service For Lawyers, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Further On Judicial Review Of Classification By Selective Service System - United States, Ex Rel. Bayly, V. Reckord - United States, Ex Rel. Bevans, V. Stone

Maryland Law Review

No abstract provided.

Abstracts Of Recent Decisions, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Improving Administrative Law, Joseph W. Henderson

Washington Law Review

(Editor's Note: Mr. Henderson addressed the Association on September 17. The first part of his remarks dealt with the accomplishments of the American Bar Association. The remainder of his address was concerned with the subject of administrative law and is set out here in full.)

The Literature Of Opa: Administrative Techniques In Wartime, John W. Willis

Michigan Law Review

It is the purpose of this article to outline the various administrative mechanisms which OPA has devised to carry out the regulation of prices and rents and the rationing of goods. The wisdom of any particular policy is not at issue; we are concerned only with the "how" and not with the "why," with the procedure and not the substance.

The Trading With The Enemy Act, Samuel Anatole Lourie

Michigan Law Review

The purpose of this paper is to discuss two aspects of the Trading with the Enemy Act of October 6, 1917: (1) The evolution of the T.E.A. through legislative enactments and executive orders; (2) Some problems of constitutional and administrative law raised by the last amendment to the act.

The Administrative Crime, Its Creation And Punishment By Administrative Agencies, Edmund H. Schwenk

Michigan Law Review

The application of the penal sanction in the field of administrative law involves mainly three problems: (1) the constitutionality of a statute which authorizes an administrative agency to issue rules and regulations enforceable by punishment and thus to create certain elements of crime; (2) the constitutionality of a statute which authorizes an administrative agency to create the penalty for the violation of its rules and regulations; and (3) the constitutionality of a statute which authorizes an administrative agency to impose a penalty upon the delinquent. Even if the first problem can be answered in the affirmative, two questions still remain: …

Renegotiation Of War Contracts, Charles W. Steadman

Michigan Law Review

The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …

Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris

Michigan Law Review

Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …

Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.

Michigan Law Review

The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the …

The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.

Indiana Law Journal

Symposium: The Administration of Rent Rationing and Price Control Legislation

Review Of Administrative Subpoena

Indiana Law Journal

Notes and Comments: Administrative Law

Soviet Government Corporations, John N. Hazard

Michigan Law Review

Public ownership of the means of production is a basic principle of Soviet economy. Private ownership of property is now limited to ownership of consumer's goods, and private trading is confined to the narrowest areas and subjected to such rigid control that it has been reduced to the limitations of street peddling.

With the emphasis on public ownership, the management, protection and development of property belonging to the state has become a major activity of the Soviet government. Production, distribution and consumption of property are aspects of this activity.

Development of a mechanism of management has occupied Soviet jurists and …

Administrative Law - Subpoena Power In Administrative Agencies, Arthur B. Lathrop

Michigan Law Review

The Secretary of Labor, acting under the authority vested in her by the Walsh-Healey Act, instituted an administrative proceeding against the petitioner charging violations of the minimum and overtime payment provisions of a government contract. Upon the petitioner's refusal to furnish certain records believed to be essential in determining jurisdiction, the secretary issued a subpoena duces tecum for their production. Shortly thereafter, this suit was begun in the district court to obtain an enforcement order directing the petitioner to obey the subpoena. The petitioner, contending that the secretary was without jurisdiction to investigate the plants and employees involved, successfully resisted …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.