Law Commons^™

Administrative Law - President's Power To Remove, Rex B. Martin

Michigan Law Review

Plaintiff had been appointed to the board of directors of the Tennessee Valley Authority by the President with the advice and consent of the Senate. The statute creating this public corporation gives the President power to remove any director who appoints or promotes lower officials on the basis of anything other than merit. Congress is authorized to remove a member of the board by a concurrent resolution of the two houses. Plaintiff was summarily removed by the President and sued to recover his salary for the whole of the prescribed nine-year term of office. Held, that the plaintiff, having …

Administrative Law - National Labor Relations Board - Permissible Scope Of Cease And Desist Orders, Rex B. Martin

Michigan Law Review

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit …

Review By Certiorari In Indiana

Indiana Law Journal

Notes and Comments: Administrative Law

Constitutional Law--Delegation Of Legislative Power To Administrative Bodies Or Officers, E. E. T. Jr.

West Virginia Law Review

No abstract provided.

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …

Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie

Michigan Law Review

As a natural concomitant of the prevailing laissez-faire economic philosophy, a strong feeling against any governmental regulation of business prevailed in American legislatures until well into the second half of the nineteenth century. Prices were considered to be especially immune to governmental tampering. The first step in the breakdown of the notion that government had no power over prices was the case of Munn v. Illinois. This decision introduced the doctrine that the legislature had the right to regulate prices in any business which the courts should find to be "affected with a public interest." Posed as a deceivingly …

Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board's order. On certiorari to that court, held that the board's order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843.

The Supreme Court And Administrative Law, 1936-1940, Reuben Oppenheimer

Maryland Law Review

No abstract provided.

Administrative Procedure: A Report And An Evaluation, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Advent Of The Administrative Process And Its Future, Thomas Frank Konop

Journal Articles

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three …

Administrative Law - Scope Of Judicial Review - Doctrine Of The Ben Avon Case- Independent Determination By Court Of Both Law And Facts Where Confiscation Question Involved, Alfred I. Rothman

Michigan Law Review

A recent decision by the United States Supreme Court renders desirable a reexamination of the scope of judicial review of orders and decisions made by administrative bodies, and more specifically a reexamination of the doctrine of the Ben Avon case. There are several possibilities as to the finality that may be accorded to administrative fact determinations: first, findings may be conclusive and binding upon the reviewing court; second, they may be conclusive if supported by substantial evidence; third, they may be subject to independent determination by the court. To what extent, if any, the scope of review should take the …

Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb

Michigan Law Review

Complainants, small steel companies in eastern Pennsylvania, Maryland and Connecticut, brought this action to enjoin the secretary of labor and others from applying the provisions of the Public Contracts Act, as construed, to the iron and steel industry. It was contended that the secretary's wage determination was the result of an erroneous interpretation of the word "locality" as included in the act. The district court dismissed the complaint. Upon appeal the Court of Appeals of the District of Columbia granted the injuction. On certiorari, held, reversed. The complainants have no standing in court to sue. Perkins v. Lukens Steel …

Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Some Aspects And Implications Of The Report Of The Attorney General's Committee On Administrative Procedure, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. Carr, C.T., Concerning English Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Regulations, Reenactment, And The Revenue Acts, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar

Michigan Law Review

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …

Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, …

Declaratory Judgment To Declare A Prior Judgment Void

Indiana Law Journal

Recent Case Notes

Administrative Law - Review Of Administrative Orders - Elimination Of The "Negative" Order Doctrine, Robert J. Miller

Michigan Law Review

The recent decision of the Supreme Court in Rochester Telephone Corporation v. United States is of importance in determining the reviewability of administrative orders that are negative in character. In the principal case, under authority of the Federal Communications Act the Federal Communications Commission issued a general order directing that every telephone carrier file statements concerning its business and affairs. The Rochester Telephone Corporation, the petitioner, failed to file such statements, claiming it was not subject to the commission's jurisdiction because of an exemption under section 2(b) (2) of the Communications Act of 1934. This section provides that the commission …

Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner

Michigan Law Review

The basis for judicial review of administrative agencies in one form or another is the Union Pacific rule, originally developed to govern the relationship between the courts and the Interstate Commerce Commission. Variations in the application of this judicial formula to different agencies have been shaped for the most part by the character of the governmental power exercised and the nature of the subject matter under review. For example, the judicial control exercised over taxing authorities is circumscribed by the sovereign demand for revenue essential to the maintenance of government. The scope of judicial review has been extended in deportation …

"Substantial" Evidence In Reviewing The Orders Of The National Labor Relations Board

Indiana Law Journal

Recent Case Notes: Administrative Law

Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge

Michigan Law Review

There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.

Introduction By Chairman (Symposium On Administrative Law And Procedure), Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

An Approach To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Administrative Law--The Abolition Of The Negative Order Doctrine, Alan R. Vogeler

Kentucky Law Journal

No abstract provided.

Administrative Law - Taxation - Power Of Board To Adopt Rules And Regulations - Inflexibility Of Prior Ruling By Reenactment Of Statute Without Change, William F. Anderson

Michigan Law Review

The respondent oil company in computing its net income for the years 1929-1930 for the purpose of applying the depletion deduction provisions of the Revenue Act of 1928 refused to deduct certain development expenditures, although it had deducted those development expenditures in computing its taxable net income for these years. Under the rule-making power of section 23 (1) of that act, the commissioner defined "net income of the taxpayer" as used in section 114 (b)(3) as meaning gross income from the sale of gas and oil less certain deductions, including development expenses (if the taxpayer had elected to deduct development …

Conclusion (Symposium On Administrative Law And Procedure), Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Negative Order Doctrine

Indiana Law Journal

Recent Case Notes: Administrative Law

Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman

Michigan Law Review

Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …