Law Commons^™

Statutory Construction And The Legislative Process, James C. Quarles

Mercer Law Review

Since a statute is to some extent involved in almost every case, and since every statute deals with some aspect of substantive or procedural law falling into a more or less definite classification, it is difficult to determine which cases should be discussed in a section on the construction of statutes and the effects of constitutional requirements regarding the form of statutes and legislative procedure. The cases considered in this division are those which seem to set forth some approach to statutory construction or which consider various aspects of legislative form and procedure. Most of these cases are dealt with …

A Suggested Construction Of The Indiana Statutes Against Accumulations, Robert S. Ashby

Indiana Law Journal

No abstract provided.

Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.

Michigan Law Review

In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …

The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith

Michigan Law Review

The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any …

Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.

Michigan Law Review

The Federal Administrative Procedure Act received its first thorough consideration by the Supreme Court in the recent case of Wong Yang Sung v. McGrath. The Court held that deportation proceedings must conform to section 5, which provides for notice, opportunity for a hearing, separation of prosecution and quasi-judicial functions, and the issuance of declaratory orders by the agency, and to section 11, which prescribes an independent status for presiding officers. The scope of section 5 is limited to administrative adjudications "required by statute to be determined on the record after opportunity for an agency hearing." There is no specific requirement …

Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.

Michigan Law Review

During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities …

The Indiana Annexation Act Of 1949

Indiana Law Journal

Recent Cases: Legislation

Revenue Act Of 1948, Edited By Paul A. Walkin And Marcus Manoff, Wesley A. Dierberger

Indiana Law Journal

No abstract provided.

International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.

Michigan Law Review

The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.

Interpretation Of Statutes In Derogation Of The Common Law, Jefferson B. Fordham, J. Russell Leach

Vanderbilt Law Review

The tendency of the lex scripta to supplant the lex von scripta has carried far since Roscoe Pound published his provocative paper on "Common Law and Legislation" in 1908. One can note at the same time indications that statute law is being received with much less hostility. The surprising thing, however, is that legislation in general is not at this day getting a far more sympathetic reception by lawyers and judges. Clearly they make up the professional group which has the largest share in the drafting and enactment of statutes. In actual practice, moreover, lawyers are given to committing private …

The Proposed New Uniform Sales Act, John Barker Waite

Michigan Law Review

A complete Uniform Commercial Code has been formulated by committees acting under joint auspices of the American Law Institute and the National Conference of Commissioners on Uniform State Laws. While the Code is apparently not yet ready for presentation to state legislatures for enactment, it has been offered to the public for discussion of its merits. Its scope is comprehensive. As now tentatively proposed, it comprises presumably complete statutes covering Sales, Commercial Paper, Letters of Credit, Foreign Banking, Documents of Title, Secured Transactions, Investment Securities. If adopted it would displace the present Uniform Sales Act, the Uniform Negotiable Instruments Act, …

Taxation-Technical Changes Act Of 1949-"Possession Or Enjoyment" Clause Of I.R.C. 811 ( C), Paul A. Anderson S.Ed., Stephen A. Bryant S. Ed.

Michigan Law Review

For the past decade Congress has been urged to define specifically the scope of I.R.C. 811(c), which subjects to the estate tax an inter vivas transfer intended to take effect in possession or enjoyment at or after the donor's death. Until 1949 proposed amendments were largely directed at legislative rejection of the doctrine of Helvering v. Hallock, but with the decisions in the Church and Spiegel cases last year, it became apparent that more extensive revision and clarification was needed. Sections 7 and 8 of the Technical Changes Act of 1949, which became law on October 25, 1949, represent …

The First Legislature Of California, Senator Herbert C. Jones

California Senate

The First Legislature of California, address by Senator Herbert C. Jones before the California Historical Society, San Jose, CA, December 10, 1949.

Published by the Senate of the State of California.

Alternative Pleading: I, Roy W. Mcdonald

Michigan Law Review

The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …

A Critique Of The New British Monopoly Act, Gerald M. Meier

Michigan Law Review

In 1948 the British Parliament passed the Monopoly and Restrictive Practices (Inquiry and Control) Act. It is instructive to examine this Act against the background of the criticisms and suggestions for improvement which have emerged with sixty years of American anti-trust legislation. Section one of this paper presents some reasons why the measure has appeared at this time. The next section summarizes the Act's provisions. Section three contrasts the British technique of monopoly control with the American and considers whether the different approach is likely to avoid the debilities which have become evident in the American legislation.

Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.

Michigan Law Review

Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …

The Hearing Examiner Fiasco Under The Administrative Procedure Act, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.