Law Commons^™

Jury Selection Analyzed: Proposed Revision Of Federal System, William Wirt Blume

Michigan Law Review

It is proposed, and bills to carry out the proposal are now pending in Congress, that the federal system of jury selection be substantially revised, chiefly by establishing "uniform qualifications" for jurors who serve in the federal courts. An examination of these bills reveals that the proposed revision not only contemplates the elimination of conformity with state statutes insofar as they prescribe qualifications for, and exemptions from, jury service, but also contemplates a startling increase in the discretionary powers of the federal judges with respect to the whole process of jury selection. As an aid to a consideration of the …

Civil Justice In Germany, Burke Shartel, Hans Julius Wolff

Michigan Law Review

Our aim in preparing this paper is to develop for American lawyers a picture of the functioning of German civil justice. This aim, as well as the paper itself, is an outgrowth of a series of lectures on the German legal system delivered by the authors as background in the law of military occupation for the Judge Advocate General's School of the United States Army in Ann Arbor. That part of these lectures which concerns the operation of German civil justice seems to us of sufficient intrinsic interest to warrant publication.

Judicial Review Of Classification By Selective Service System - United States V. Embrey

Maryland Law Review

No abstract provided.

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

The Amending Of The Federal Constitution, Lester Bernhardt Orfield

Michigan Legal Studies Series

MOST treatises on constitutional law dispose of the federal amending clause in summary fashion. The commentators have thought fit to stress chiefly the division of authority between the federal government and the states. They have attached a high degree of significance to the dogma of separation of powers. A great deal of attention has been devoted to the doctrines of judicial review, the supremacy of the Federal Constitution, and the Bill of Rights. The taxation and the commerce clauses have come in for their full share of consideration. In recent years extensive studies have been made of the due process …

Judicial Review Of Public Assistance Determinations, Hubert H. Margolies

Indiana Law Journal

No abstract provided.

Provisions For Appeal And Judicial Review Of Unemployment Compensation Decisions, Joseph A. Todd

Louisiana Law Review

No abstract provided.

The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox

Washington and Lee Law Review

No abstract provided.

Constitutional Implications Of The Opp Cotton Mills Case With Respect To Procedure And Judicial Review In Administrative Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.

Michigan Law Review

The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …

Criminal Law And Procedure-Federal Courts - Substitution By Supreme Court Of Its Inferences Of Fact For Those Of The State Court, John S. Pennell

Michigan Law Review

The recent cases of Avery v. Alabama and Chambers v. Florida raise the interesting question of the conclusiveness of a fact finding of a state court upon the United States Supreme Court in a criminal trial when the accused claims that one of his constitutional rights has been impaired, and the holding of the state court is to the effect that on the facts presented such right has not been impaired. The case may arise in the United States Supreme Court in either of two ways. It may come up on appeal from a lower federal court denying a petition …

Administrative Law - Review Of Administrative Orders - Elimination Of The "Negative" Order Doctrine, Robert J. Miller

Michigan Law Review

The recent decision of the Supreme Court in Rochester Telephone Corporation v. United States is of importance in determining the reviewability of administrative orders that are negative in character. In the principal case, under authority of the Federal Communications Act the Federal Communications Commission issued a general order directing that every telephone carrier file statements concerning its business and affairs. The Rochester Telephone Corporation, the petitioner, failed to file such statements, claiming it was not subject to the commission's jurisdiction because of an exemption under section 2(b) (2) of the Communications Act of 1934. This section provides that the commission …

Constitutional Law--Judicial Review Of Legislative Determination As To Fact, B. H. Henard

Kentucky Law Journal

No abstract provided.

Judicial Review Of Decisions By Tribunals Of Voluntary Organizations, Lee Snyder

Maryland Law Review

No abstract provided.

Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume

Michigan Law Review

Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …

To What Extent Should The Decisions Of Administrative Bodies Be Reviewable By The Courts, Malcolm Mcdermott

Faculty Scholarship

No abstract provided.

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 …

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 …

The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson

Washington Law Review

This Is the concluding portion of Mr. Patterson's continued article. The first portion, in the Journal for January, 1938, covered the background of the theory of judicial review in the Federal Constitution. In the April issue he indicated the manner of incorporating the principle in the Constitution, and in the current installment he shows the wide use of judicial review and discusses its significance.

The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson

Washington Law Review

In the previous portion of this article, Mr. Patterson attributed the American Revolution to the tyrannies resulting from the failure of the British government to provide for judicial review of acts of the central government as well as of the acts of the local governments. After noting a resulting desire among the former colonists to substitute constitutional supremacy for legislative supremacy, Mr. Patterson observed the use of judicial review in the courts of several of the states prior to the Convention of 1787, pointed out the embodiment of its principles in the enactments of the Congress of the Confederation in …

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 …

The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson

Washington Law Review

The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …

Assessment Of Real Property For Taxation, Kenneth K. Luce

Michigan Law Review

A taxpayer's suit to have the assessment on his real property lowered raises some of the oldest and most troublesome problems in the law of taxation. Invariably both the taxpayer and the government are in position to present convincing evidence and forceful argument regarding the fairness of the assessment. Moreover, to the lawyer the problems of appellate review involved in the taxpayer's suit are exceedingly complex. Except in the case of the public utility, the administrative process usually begins with the fixing of the assessment by the local assessing official. From his decision the taxpayer may in most jurisdictions appeal …

Curbing The Supreme Court-State Experiences And Federal Proposals, Katherine B. Fite, Louis Baruch Rubinstein

Michigan Law Review

The avalanche of proposals introduced in the last session of Congress seeking to curb the power of the Supreme Court to declare legislative acts unconstitutional and President Roosevelt's recent message to Congress on the judiciary have focused attention on the problem of the function of that Court in our governmental system.

This article does not take sides in the controversy. Its purpose is merely to review the developments in the four states, Colorado, Ohio, North Dakota and Nebraska, which by amendments to their constitutions have sought to place curbs on their supreme courts, and also to classify the proposals which …

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 …

The Right Of Appeal In Criminal Cases, Lester B. Orfield

Michigan Law Review

In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged. He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal. The principle of a …

Madison's Theory Of Judicial Review, Edward M. Burns

Kentucky Law Journal

No abstract provided.

Administrative Law - Statutory Interpretation - Conclusiveness Of Decision

Michigan Law Review

Pursuant to an order of the Interstate Commerce Commission, the government had paid defendant $487,116.31 as the deficit incurred during federal control and due defendant under section 204 of the Transportation Act of 1920. The Commission later reopened the proceeding and annulled the order because it had erroneously interpreted the word "deficit" in the statute to mean a decrease in net railroad operating income in the federal control period as compared with the corresponding months of the test period from July 1, 1914, to June 30, 1917, instead of a "red ink deficit." The government then sued to recover the …

Constitutional Law - New Deal Legislation - Gold Hoarding Statute

Michigan Law Review

Two cases involving acts of Congress passed in March 1933 to prevent the hoarding of gold' were denied a review by the United States Supreme Court on October 8. Both of these cases involved the same facts. Plaintiff had delivered certain gold bars to a bank for safe-keeping. Later the bank notified him that, pursuant to an executive order by the President of the United States, it would have to surrender the gold. Immediately the plaintiff demanded the return of the bullion, which demand was refused, and he filed bills for specific performance of the bailment contract against the bank …