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Articles 13981 - 14010 of 14113
Full-Text Articles in Law
Book Review. Stason, E.B., The Law Of Administrative Tribunals: A Collection Of Judicial Decisions, Statutes, Administrative Rules And Orders And Other Materials For Use In Courses On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. The President's Committee On Administrative Management: Report Of The Committee With Studies Of Administrative Management In The Federal Government, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Procedure In Administrative Rule-Making, Ralph F. Fuchs
Procedure In Administrative Rule-Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Indiana Rule Making Act-How Procedure And Practice Can Be Improved Under The Act (In Four Parts), Claude V. Ridgely, Howard W. Mountz, Joseph H. Iglehart, A. J. Stevenson
The Indiana Rule Making Act-How Procedure And Practice Can Be Improved Under The Act (In Four Parts), Claude V. Ridgely, Howard W. Mountz, Joseph H. Iglehart, A. J. Stevenson
Indiana Law Journal
No abstract provided.
Significance Of Administrative Commissions In The Growth Of The Law, James M. Landis
Significance Of Administrative Commissions In The Growth Of The Law, James M. Landis
Indiana Law Journal
Address of Hon. James M. Landis, Retiring Chairman Securities and Exchange Commission, and Dean Elect of Harvard Law School, at the Annual Meeting of the Indiana State Bar Association, July 9, 1937.
Businesses Subject To The National Labor Relations Act, Joseph H. Mueller
Businesses Subject To The National Labor Relations Act, Joseph H. Mueller
Michigan Law Review
Justice Holmes once remarked that, "the life of the law has not been logic; it has been experience." This observation is illustrated in a striking manner by the recent change in the attitude of the Supreme Court with respect to Congressional regulation of labor relations in the field of production. Holding that the National Labor Relations Act applied to the steel, automobile, and clothing industries, as well as to the agencies of interstate commerce, the Court restated existing doctrine relating to interstate commerce, giving it new direction and content.
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Constitutional Law - Search And Seizure - Investigative Power Of Federal Trade Commission, Virginia M. Renz
Michigan Law Review
The Federal Trade Commission, acting pursuant to the joint resolution of Congress and the Federal Trade Commission Act, sought a writ of mandamus compelling the corporation to answer questionnaires relating to its total volume of business, net sales, net cost of materials, annual cash salary paid to each officer, etc. This information was demanded as part of a general investigation of the financial condition of agricultural products. The purpose of the investigation was to enable Congress to determine whether new legislation should be enacted or existing legislation amended. Held, the writ of mandamus should be granted. The Fourth Amendment …
Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competion, Michigan Law Review
Trade Restraints - Federal Trade Commission - False Representation As Unfair Method Of Competion, Michigan Law Review
Michigan Law Review
An order to cease and desist, directed against the defendant publisher and others, forbade the following trade practices: representing that its encyclopedias were given away and that only the "extension service" was sold; representing the work as given away to selected persons among whom the prospective buyer was one; representing the work as new; selling the same under two names; representing its usual price as higher than that at which it was offered; representing any person as a contributor who was not a contributor; representing any person as giving a testimonial who had not done so; publishing garbled testimonials; and …
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Michigan Law Review
Complainant power company attacked as confiscatory the decrease in rates ordered by the Public Service Commission of Montana. The company demanded an interloctory injunction pending a final decree. It appeared that there was on the statute book of Montana a statute prohibiting supersedeas pending judicial review in such cases. The district court granted the commission's motion to dismiss on the ground that a plain, speedy, and efficient remedy was available to the plaintiff in the state courts, and hence the requirements of the Johnson Act of May 14, 1934, were met. Therefore, so it was contended, federal jurisdiction was precluded. …
The Proposed United States Administrative Court, Part Ii, Robert M. Cooper
The Proposed United States Administrative Court, Part Ii, Robert M. Cooper
Michigan Law Review
The recent movement for the passage of the Logan bill and the establishment of supervisory tribunals for the control of administrative determinations is the result of several preconceived theories concerning the shortcomings of the present system of administrative justice. These underlying theories, cautiously surrounded by a halo of judicial philosophy, have seldom been analyzed in their relation to the development of a sound policy for the administration of governmental functions. The present installment of this article will be devoted first to an examination of these fundamental theories and a consideration of the question how far the present administrative machinery is …
Significant Changes In Public Utility Law, Hugh Evander Willis
Significant Changes In Public Utility Law, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Michigan Law Review
A group of farmers desire electricity. They propose to form a cooperative, to borrow money and to construct electric distribution lines. They probably will incorporate the cooperative as a stock or non-stock corporation in order to obtain the benefit of limited liability. The cooperative might be formed under a statute specifically enacted to authorize the formation of cooperatives or under a general incorporation statute. Normally, the charter of the cooperative will provide for equality in control by the members or shareholders and for a limited return or no return on capital investment. The cooperative will probably apply to the Federal …
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Michigan Law Review
Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …
The Proposed United States Administrative Court, Robert M. Cooper
The Proposed United States Administrative Court, Robert M. Cooper
Michigan Law Review
The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …
Constitutional Law-Securities Act Of 1933-Right Of Registrant To Withdraw Registration Statement Filed With Commission
Michigan Law Review
Petitioner filed a registration statement with the Securities Exchange Commission covering a proposed issue of securities. After examining the statement, the commission concluded that it contained false and misleading information concerning certain material facts, and thereupon instituted a proceeding to compel petitioner to appear and answer certain questions pertinent to the papers filed. At the hearing, petitioner sought to withdraw the registration statement but was denied permission to do so. Upon application of the Securities Exchange Commission to the district court, an order was granted compelling petitioner to appear and answer the questions. On appeal to the Supreme Court of …
Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs
Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Statutes-Approval Of Public Works Projects Under Nira
Statutes-Approval Of Public Works Projects Under Nira
Michigan Law Review
Acting under approval and order of the Federal Emergency Public Works Administrator, the United States commenced construction of the Parker Dam across the Colorado River over the objection of the state of Arizona, which was not a party to the Colorado River Compact. Arizona interfered forcibly. A bill was brought by the United States to secure a perpetual injunction against such interference. In response to an argument by Arizona that the dam was not properly authorized, the United States attempted to justify under a recommendation of the chief of engineers as sufficient authorization under section 202 of the National Industrial …
Administrative Tribunals - Distinction In Legal Effect Between Legislative And Quasi-Judicial Orders Of The Interstate Commerce Commission
Michigan Law Review
The legal effect of orders of the Interstate Commerce Commission involves questions upon which there has been much dictum and considerable confusion of the issues. The result has been a body of law which, if not carefully explored, may prove to be a trap for the unwary. In the past few years, however, it is apparent that the courts are making more definite pronouncements which are more clearly pointing the way to distinguishing the various possible issues. The confusion unquestionably results from the heterogeneous nature of the functions performed by the Commission. A typical example is the rate-making function. It …
Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases
Michigan Law Review
A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Michigan Law Review
In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …
Regional Agencies For Metropolitan Areas, Ralph F. Fuchs
Regional Agencies For Metropolitan Areas, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Banking Act Of 1935, Harold James Kress
The Banking Act Of 1935, Harold James Kress
Michigan Law Review
The purpose of this article is to consider in a non-technical manner the principal changes in federal central and commercial banking law which have been brought about by the enactment of the Banking Act of 1935, and in that connection to take some account of the preexisting law and the announced or ostensible reasons for the changes made.
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Administrative Law - Liability Of Public Officers Exercising Quasi-Judicial Functions
Michigan Law Review
Defendants as duly authorized municipal officers issued a building permit to the plaintiff. After plaintiff had acted in reliance thereon defendants for reasons of self-interest and political expediency revoked the permit. Held, defendants as quasi-judicial officers while acting within their jurisdiction are not liable personally in tort for damages resulting from a discretionary act notwithstanding their conduct may have been malicious or corrupt. Wasserman v. City of Kenosha, (Wis. 1935) 258 N. W. 857.
Public Utilities -- Rate-Base -- Late Supreme Court Decisions
Public Utilities -- Rate-Base -- Late Supreme Court Decisions
Michigan Law Review
In fixing the rate-base of a telephone company, the Maryland Public Service Commission translated the agreed 1923 rate-base (with all subsequent additions to plant) to 1933 price levels by means of a composite price index which included both general all-commodity indices, and indices particularly adapted to the telephone business. Held, that an order enjoining enforcement of the rates will be affirmed. West v. Chesapeake & Potomac Telephone Co., (U.S. 1935) 55 S. Ct. 894.
Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process
Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process
Michigan Law Review
Serious obstacles were placed in the path of social legislation by the Supreme Court's decision holding the Railroad Retirement Act unconstitutional.1 To what extent the narrow view taken of the permissible field of regulation of interstate commerce will interfere with other legislation based on the commerce power remains to be seen. The majority of the Court, speaking through Mr. Justice Roberts, found the Act objectionable both as violating the due process clause of the Fifth Amendment of the Constitution and as not being a regulation of commerce under the commerce clause. Before taking up these two aspects of the case, …
Public Service Commission-Prevention Of Enforcement Of Commission's Orders By Courts
Public Service Commission-Prevention Of Enforcement Of Commission's Orders By Courts
Indiana Law Journal
No abstract provided.
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Michigan Law Review
An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Constitutional Law -Validity Of State Recovery Acts Adopting Federal Codes, Paul G. Kauper
Michigan Law Review
Among the interesting problems raised by the enactment of state recovery legislation is the problem growing out of the attempted adoption by the states of the codes of fair competition formulated under the authority of the National Industrial Recovery Act. The validity of such state legislation may be questioned in light of the familiar doctrine of non-delegability of legislative power - a doctrine that has been written into the constitutions of both the federal and state governments by judicial determination. Before considering the application of this doctrine to the problem at hand, it will be well to refer to two …
Creation Of Government Corporations By The National Government, Maurice S. Culp
Creation Of Government Corporations By The National Government, Maurice S. Culp
Michigan Law Review
The federal government has until recently made very little use of the corporation as an agency for executing the laws of Congress. Early in the course of our national development the federal government chartered banks and shared in their ownership, utilizing them in the fiscal operations of the treasury. At various other times the federal government has chartered other corporations under some power granted by the Constitution, particularly railroad corporations under the commerce power. Beginning with the World War the corporate form of administrative agency was utilized to avoid difficulties which would arise if the execution of the war-time activities …
The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens
The Delegation Of Federal Legislative Power To Executive Officials, Theodore W. Cousens
Michigan Law Review
It will be the purpose of this article to attempt (1) a chronological survey of the previous Supreme Court cases relating to alleged delegations of legislative power, and (2) an analysis and discussion of the Panama Refining Co. decision in the light of this background. No discrimination is made between delegations of state and of federal legislative power, as the Supreme Court makes no such discrimination.