Administrative Law Commons^™

Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Appeal No. 0001: Jerry Moore, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order #4 and #5

Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin

Michigan Law Review

The drafters of the Revised Act have sought to resolve the confrontation of policy objectives in part by insisting that the decision maker refrain from off-the-record communications with any of the parties to the proceeding. However, there are a number of ambiguities in the act which indicate that it may be possible for state agencies to avoid this objective. Furthermore, implementation of the policy decisions of the drafters may prove to be undesirable for the overall operation of state administrative agencies. This comment will consider these two possible criticisms of the Revised Model Act and will suggest that changes be …

Cooper: State Administrative Law, Dan M. Byrd Jr.

Michigan Law Review

A Review of State Administrative Law, 2 vols. By Frank E. Cooper

Supplementary Activities For State Governments Seeking To Eliminate Discrimination, Frederick B. Routh

Buffalo Law Review

No abstract provided.

Administrative Law -- 1962 Tennessee Survey, Val Sanford

Vanderbilt Law Review

The writing of this article is an experience in frustration and despair, for in Tennessee there is little recognition of the existence of any such body of principle, of legal concepts and techniques, of procedures and practice, as "administrative law." There is one law, substantive and procedural, for beer boards, another for the Public Service Commission, another for the rate-making decisions of the insurance commissioner, another for employment insurance benefits,another for licensing well-diggers, and so on ad infinitum--a separate law, both substantive and procedural, not only for each agency, but often for each function within an agency. All of these …

Administrative Law And Local Government, Bernie R. Burrus

Michigan Legal Studies Series

Part of the Legal Problems in Metropolitan Area Series by the Legislative Research Center at the University of Michigan.

Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott

Michigan Law Review

A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan

Journal of Legal Education

No abstract provided.

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Admininstrative Law - Federal Injunctive Relief Against State Administrative Orders, John C. Hall S.Ed.

Michigan Law Review

The increasing tendency of state legislatures to establish administrative agencies to regulate various specialized fields has created serious new problems for both courts and lawyers. In dealing with state administrative agencies, the federal courts have been confronted with the dual problem of protecting the individual's constitutional rights and at the same time respecting the prerogatives of the states. The result has been the development of a "hands-off" policy in the federal courts, leaving the initial determination of rights to the state courts, and limiting the use of the federal injunctive power. The purpose of this comment is to indicate the …

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Book Review. Iowa Departmental Rules, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The 1952 State Agency Law, Dee Ashley Akers

Kentucky Law Journal

No abstract provided.

Mandamus To Review State Administrative Action, Foster H. Sherwood

Michigan Law Review

The appearance of a substantial body of administrative law in the United States preceded its recognition as such by a good many years. In the intervening period, the courts made every effort to fit the new and unfamiliar jurisprudence into old and familiar forms, particularly those of the common law. This was a natural development, both because it accorded with common law traditions of adjustment, and because there was no legislative recognition of the view for action. The recognition that the problems of administrative law cannot invariably be solved within the framework of traditional legal concepts has paralleled the growing …

Municipal Corporations-Local Administrative Law, Leon H. Wallace

Indiana Law Journal

No abstract provided.

Administrative Law-Developments: 1940-1945 (A Service For Returning Veterans), E. Blythe Stason

Michigan Law Review

No period in American history has ushered in more sweeping changes in the legal structure than has the last decade and a half. No area of the law has witnessed more rapid development than has administrative law. A sketch of the progress of administrative law during the five-year period 1940 to 1945 reveals an important refining of the "quasi judicial" procedures--procedures which, because of their swift and topsy-turvy growth, can well use a little refining.

The purpose of the following survey is two-fold; first, to outline the more significant developments of the last half decade, relating the new materials to …

Book Review. Michigan Administrative Code, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague

Michigan Law Review

In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …

The Administration Of Municipal Legal Services: The Chicago Law Department, By Robert W. Siebenschuh

Indiana Law Journal

No abstract provided.

Book Review. Benjamin, R.M., Administrative Adjudication In New York, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons

Michigan Law Review

The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar

Michigan Law Review

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …

Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman

Michigan Law Review

Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …

Federal And State Cooperation Under The Constitution, Louis W. Koenig

Michigan Law Review

Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …

Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann

Michigan Law Review

At a hearing conducted by the California Railroad Commission, the existing gas rates charged by a utility were deemed unreasonable, and a new schedule of rates was prescribed. The commission, in determining the rate base, used historical cost exclusively, and refused to attach any weight to the present cost of reproducing the properties. A three-judge federal court enjoined the enforcement of the rates without making a finding that as prescribed the rates were confiscatory. Held, by a majority of the Court, the trial court was without power to enjoin the enforcement of the rates, regardless of the method of …

Administrative Bureaus And The Lawyers: Some Comments Related To Missouri, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Regional Agencies For Metropolitan Areas, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.