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Federal Agency Investigations: Procedural Rights Of The Subpoenaed Witness, Frank C. Newman
Federal Agency Investigations: Procedural Rights Of The Subpoenaed Witness, Frank C. Newman
Michigan Law Review
This article is designed to help fill a gap in the literature and to warn government attorneys, particularly, about some questionable asides in the Hannah case. We shall not deal with record-keeping requirements or with agency inspections, subpoenas duces tecum, and related search and seizure problems. The focus instead is on the subpoenaed witness; that is, a man who knows that force may be used against him unless pursuant to government command he appears and answers questions. We examine several rights that may protect the witness; and we shall also ask whether the agencies, to discharge their governmental duties, truly …
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 …