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Articles 13951 - 13980 of 14113
Full-Text Articles in Law
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
Indiana Law Journal
No abstract provided.
Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes
Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes
Michigan Law Review
The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review
Michigan Law Review
The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Michigan Law Review
The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …
Administrative Procedure: National Labor Relations Board, J. Warren Madden
Administrative Procedure: National Labor Relations Board, J. Warren Madden
West Virginia Law Review
No abstract provided.
Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks
Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks
Michigan Law Review
The late Professor Ernst Freund once wrote, "A judicial hearing involves two things: that the party be heard as to his own case and that he hear the case against him." Were the words "quasi-judicial" to be substituted for the word "judicial" in Dr. Freund's definition, it would be difficult more concisely to paraphrase the two decisions of the United States Supreme Court in the case of Morgan v. United States. Fifty suits, later consolidated for purposes of trial, were started by certain market agencies of the Kansas City Stockyards to enjoin the enforcement of an order of the …
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks
Michigan Law Review
Plaintiff applied to the county board of public welfare for a pension award under a state Old Age Assistance Act. In conformity to the act, an investigation was made by the county board and the facts were submitted, with a recommendation for an award, to the State Department of Public Welfare for approval. The latter, however, overruled the award, whereupon plaintiff applied to the circuit court for a trial de novo, as provided for by the statute, and was successful. On appeal from the court's order allowing the award, held, the statutory provision for a de novo review by …
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs
The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Washington Law Review
Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …
Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs
Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Symposium On Administrative Law, Ralph F. Fuchs
Symposium On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Administrative Law-Requisites For Full Hearing Delegation Of Power
Administrative Law-Requisites For Full Hearing Delegation Of Power
Indiana Law Journal
No abstract provided.
Boards And Commissions-Appealable Orders
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …
Judicial Review Of Administrative Action In West Virginia--A Study In Separation Of Powers, Kenneth C. Davis
Judicial Review Of Administrative Action In West Virginia--A Study In Separation Of Powers, Kenneth C. Davis
West Virginia Law Review
This article attempts to bring together and to analyze critically the West Virginia cases dealing with review by courts of action taken by administrative officials and tribunals. Although a wealth of legal literature on federal administrative law is rapidly developing, studies of some phases of state law in this field are still relatively rare. The need for research in state administrative law is indicated by the seemingly unscientific approach of many courts to some problems, by an apparently high degree of incoherence in the decisions, and by the striking inadequacy of the case finders. This article proceeds upon the hypothesis …
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips
Michigan Law Review
We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …
Law Departments And Law Officers In American Governments, John A. Fairlie
Law Departments And Law Officers In American Governments, John A. Fairlie
Michigan Law Review
On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Michigan Law Review
The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Federal And State Cooperation Under The Constitution, Louis W. Koenig
Michigan Law Review
Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Administrative Law - Investigating Powers Of Federal Commissioners - Securities And Exchange Commission, Brackley Shaw
Michigan Law Review
A recent decision in the Circuit Court of Appeals upholding the constitutionality of the powers of search granted to the Securities and Exchange Commission in the Securities Act of 1933 brings to the fore again the question of the extent to which the Federal Government may validly investigate and demand the production of the books and records of private businesses.
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann
Michigan Law Review
At a hearing conducted by the California Railroad Commission, the existing gas rates charged by a utility were deemed unreasonable, and a new schedule of rates was prescribed. The commission, in determining the rate base, used historical cost exclusively, and refused to attach any weight to the present cost of reproducing the properties. A three-judge federal court enjoined the enforcement of the rates without making a finding that as prescribed the rates were confiscatory. Held, by a majority of the Court, the trial court was without power to enjoin the enforcement of the rates, regardless of the method of …
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …
Current Proposals For The Reorganization Of The Federal Regulatory Agencies, Ralph F. Fuchs
Current Proposals For The Reorganization Of The Federal Regulatory Agencies, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Recent Developments In The Deportation Process, Reuben Oppenheimer
Recent Developments In The Deportation Process, Reuben Oppenheimer
Michigan Law Review
The process under which the United States, through the Department of Labor, deports aliens found to be unlawfully in this country is one of the oldest in American administrative law. It is also one of the most interesting, for this process deals almost entirely with persons as contrasted with property, and its development has been largely unimpeded by court decisions.
The Federal Coordinator Of Transportation, Samuel Earnshaw
The Federal Coordinator Of Transportation, Samuel Earnshaw
Kentucky Law Journal
No abstract provided.
The Federal Coordinator Of Transportation (Concluded), Samuel Earnshaw
The Federal Coordinator Of Transportation (Concluded), Samuel Earnshaw
Kentucky Law Journal
No abstract provided.
The Logan Bill, Gregory Hankin
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Concepts And Policies In Anglo-American Administrative Law Theory, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Administrative Bureaus And The Lawyers: Some Comments Related To Missouri, Ralph F. Fuchs
Administrative Bureaus And The Lawyers: Some Comments Related To Missouri, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.