Law Commons^™

The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker

Indiana Law Journal

No abstract provided.

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

The Proposed New Code Of Administrative Procedure, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Gray Vs. Powell And The Scope Of Review, Bernard Schwartz

Michigan Law Review

In dissenting from the decision of the Supreme Court in a celebrated administrative-law case, Justice Jackson once declared: "I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.' " It cannot be denied that the learned justice's reaction is one which is often felt by students of Supreme Court jurisprudence. This has been particularly true of the field involved in the case which called forth Justice Jackson's plaint--i.e., that of administrative law. American administrative lawyers have not infrequently had this same response to decisions of …

Terminating The Existence Of The Indian Claims Commission, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the House Committee on Interior and Insular Affairs, dated July 27 1955, was written to accompany United States (US) House Resolution 5566 which proposed to terminate the Indian Claims Commission by April 10, 1962. This report recommends the bill to pass with some amendments. The report first recommends a statutory citation be replaced with a more detailed citation. The second recommendation of the report is to add a new section related to appointed attorneys and the Administrative Procedure Act. The report's final recommendation is that the title be changed to read "A bill to terminate the existence …

Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller

Michigan Law Review

For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …

The Hearing Officer Problem -- Symptom And Symbol, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Hearing Examiner Status: A Recurrent Problem In Administrative Law

Indiana Law Journal

No abstract provided.

A Decade Of Administrative Law: 1942-1951, Bernard Schwartz

Michigan Law Review

The past ten years have been particularly momentous ones in the development of American administrative law. It is, indeed, not too much to say that there are few, if any, aspects of that field which have not witnessed important changes during that time. It is for this reason that an analysis of administrative law developments during the past decade should prove useful. However valuable an annual survey of the law may be, it suffers from the shortness of the period which it covers. An analysis of developments during a decade enables a broader perspective to be obtained.

It will be …

Speculative Evidence And The Administrative Process

Indiana Law Journal

No abstract provided.

The Substantial Evidence Rule And The Administrative Procedure Act, Bernard Schwartz

Washington Law Review

The question of the scope of judicial review of administrative determinations has been a pivotal one in American administrative law Since review is generally available over administrative determinations, the extent of review in particular cases may determine whether or not full effect is given to the legislative purpose in creating administrative agencies. "One of the principal reasons for the creation of such [agencies] is to secure the benefit of special knowledge acquired through continuous experience in a difficult and complicated field."' If the review of administrative determinations is to be very broad, with the reviewing court deciding the case de …