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Washington Law Review

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Articles 61 - 88 of 88

Full-Text Articles in Administrative Law

Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon Jun 1966

Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon

Washington Law Review

The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …


Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck Aug 1965

Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck

Washington Law Review

The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …


Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper Jul 1963

Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper

Washington Law Review

In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review …


Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin Jul 1963

Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin

Washington Law Review

In Deering Milliken, Inc. v. Johnston, the Court of Appeals for the Fourth Circuit held that a district court had jurisdiction to enjoin a regional director of the National Labor Relations Board from proceeding with certain further hearings that the Board had ordered. The court of appeals decided that the plaintiff was not precluded from turning to the district court for protection of its rights, because there were no administrative remedies available.


Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins Jul 1963

Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins

Washington Law Review

In the recent case of United States v. Aarons, the failure of the Coast Guard to publish one of its substantive rules in the Federal Register was held not to bar conviction for violation of the rule where the defendants had actual knowledge of the contents of the rule violated. In so holding the Court of Appeals for the Second Circuit refused to follow the Ninth Circuit decision to the contrary in Hotch v. United States.


Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith Jul 1962

Adminstrative Law—Driver's License Suspension—Opportunity To Be Heard, Fred D. Smith

Washington Law Review

In Gnecchi v. State the Washington Supreme Court failed to take advantage of an opportunity to discredit the right-privilege dichotomy, a concept which the court has used in the past to determine a citizen's interest in his driver's license. The court continued to consider the driver's license a privilege which may be revoked or suspended without a hearing.


Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette Jul 1962

Administrative Law—Standing To Challenge Constitutionality Of Loyalty Oath, David C. Lycette

Washington Law Review

In Nostrand v. Little, the Washington State Supreme Court had an opportunity to pass on the much publicized loyalty oath required of certain state employees. Against a charge that procedural due process was violated because the statute calls for immediate dismissal upon non-compliance, the court found that the oath abridged no constitutional rights of the plaintiffs, two University of Washington professors.


Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck Sep 1959

Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck

Washington Law Review

The following articles, the work of the faculty of the School of Law and a member of the Washington Bar, constitute the first academic comment on the laws of 1959. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are merely a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Administrative Law section covers the Administrative Procedure Act (Trautman and Peck) and counties—coordination of administrative procedures (Trautman).


Washington Case Law—1958; Administrative Law, Philip B. Wilson Jul 1959

Washington Case Law—1958; Administrative Law, Philip B. Wilson

Washington Law Review

Presented below is the sixth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by third-year students on the staff of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1958. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …


Washington Case Law—1957; Administrative Law, Stephen C. Watson Jul 1958

Washington Case Law—1957; Administrative Law, Stephen C. Watson

Washington Law Review

Presented below is the fifth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by third-year students on the staff of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1957. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …


Effect Of Adoption Of The Model State Administrative Procedure Act On Existing Administrative Procedures In Washington, John J. O'Connell Mar 1958

Effect Of Adoption Of The Model State Administrative Procedure Act On Existing Administrative Procedures In Washington, John J. O'Connell

Washington Law Review

The absence of uniformity and co-ordination is perhaps best illustrated by reference to those agencies performing an administrative function without substantial legislative direction, such as the Tax Commission, and those agencies which operate under relatively rigid controls, such as the Department of Employment Security. This lack of uniformity has resulted in confusion of the public and members of the bar practicing before administrative agencies. Because of limited space, this discussion will be restricted to an examination of agencies which are representative of the many varied and separate administrative procedures in the state. Included is an appendix listing additional state agencies, …


The Model State Administrative Procedure Act, Bernard Schwartz Mar 1958

The Model State Administrative Procedure Act, Bernard Schwartz

Washington Law Review

Senate Bill 180, in its original form, incorporated the substance of the first seven sections of the Model State Administrative Procedure Act. It is this which makes specially relevant an article devoted to the Model Act in a symposium devoted to Washington administrative law. If, as appears likely, a bill similar to S.B. 180 should become law in the near future, it is important to have available in this state a convenient analysis of the parent legislation from which the Washington law will, in large part, have been derived.


Administrative Law Problems Of Delegation And Implementation In Washington, Philip A. Trautman Mar 1958

Administrative Law Problems Of Delegation And Implementation In Washington, Philip A. Trautman

Washington Law Review

It is the purpose of this article to examine the bases upon which the Washington court has approved or disapproved the granting of power to persons and agencies other than those specified in the constitution—delegation, and to note generally the limitations which have been placed upon those persons and agencies in exercising the powers granted to them—implementation.


The Scope Of Judicial Review Of Administrative Action In Washington, Cornelius J. Peck Mar 1958

The Scope Of Judicial Review Of Administrative Action In Washington, Cornelius J. Peck

Washington Law Review

The scope of judicial review of administrative action in the state of Washington is a subject to be approached with caution. The number and variety of statutory review provisions make the possibility of summarizing the law and drawing valid and useful conclusions seem near to impossible. Though some cases quite clearly discuss the factors which affect the scope or intensity of judicial review of particular types of administrative action, other cases in which such analysis is much needed fail to mention or discuss the problem. One is led to wonder whether the law is truly to be found in those …


The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett Mar 1958

The Board Of Industrial Insurance Appeals After Nine Years: A Partial Evaluation, Donald H. Wollett

Washington Law Review

Prior to 1949 the Department of Labor and Industries adjusted claims made under the Washington Industrial Insurance Act arising out of industrial injury, death, and disease, subject to review by the superior courts. Initial determinations were made ex parte by the Supervisor of Industrial Insurance. Appellate determinations, where a re-hearing was requested, were made by the Joint Board, consisting of the Director of the Department and two of his subordinates—the same Supervisor of Industrial Insurance who had made the initial determination, and the Supervisor of Safety. The Joint Board's primary function was quasi-judicial. However, since the tribunal consisted of the …


Model State Administrative Procedure Act, Anon Mar 1958

Model State Administrative Procedure Act, Anon

Washington Law Review

No abstract provided.


Washington Legislation—1957; Administrative Law, Philip A. Trautman Aug 1957

Washington Legislation—1957; Administrative Law, Philip A. Trautman

Washington Law Review

The following articles, the work of the faculty of the School of Law, constitute the first academic comment on the laws of 1957. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are merely a compilation of comments on Acts which the writers have found to be important, timely, or merely interesting. The Administrative Law section deals with amendments cause veto of Model State Administrative Procedure Act legislation.


Washington Case Law - 1956; Administrative Law, William Fraser Jul 1957

Washington Case Law - 1956; Administrative Law, William Fraser

Washington Law Review

Presented below is the fourth annual Survey of Washington Case Law. The value of such a survey is attested by the increasing number of publications which publish similar surveys dealing with the case law of their respective jurisdictions. The articles appearing herein have been prepared by second year student invitees to the Law Review as a part of their program for nomination to the Editorial Board. The second year students were guided in their work by third year student members of the Editorial Board and by various members of the faculty of the Law School. The Administrative Law section deals …


Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge Feb 1955

Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge

Washington Law Review

No abstract provided.


State Government, Ivan C. Rutledge Aug 1953

State Government, Ivan C. Rutledge

Washington Law Review

Covers administrative and legislative procedures.


Report Of The Committee On Administrative Law, Frederick J. Lordan Nov 1951

Report Of The Committee On Administrative Law, Frederick J. Lordan

Washington Law Review

Your committee on administrative law, which was reorganized and appointed in the fall of 1950, held a series of preliminary meetings to outline the objectives of the committee and its policy with a view to correcting the obvious defects in the administrative practice and procedure in the state of Washington. Our preliminary survey revealed the startling fact that there are some forty agencies, boards, commissions, or administrators in the state of Washington authorized to make rules, hold hearings, adjudicate rights and issue orders. No uniformity exists with relation to the procedure before these agencies, and in some instances, the only …


The Substantial Evidence Rule And The Administrative Procedure Act, Bernard Schwartz May 1950

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 …


The Federal Administrative Procedure Act And The Administrative Agencies (1947), Vern Countryman Feb 1948

The Federal Administrative Procedure Act And The Administrative Agencies (1947), Vern Countryman

Washington Law Review

This book is a record of the proceedings of an institute held at the New York University School of Law in February, 1947 for the purpose of considering changes made in federal administrative processes by the Administrative Procedure Act of 1946. From this record it appears that the plan for the institute envisages (1) a general appraisal of the Act, followed by (2) consideration of its specific effects on the operations of some of the more important federal agencies, and (3) an analysis of its requirements for "rule-making," "adjudication," and judicial review.


Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 2], Lennart Vernon Larson Apr 1945

Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 2], Lennart Vernon Larson

Washington Law Review

A continuation of the article from the January 1945 issue.


Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 1], Lennart Vernon Larson Jan 1945

Administrative Determinations And The Extraordinary Writs In The State Of Washington [Part 1], Lennart Vernon Larson

Washington Law Review

The purpose of this article is to investigate to what extent administrative determinations in the State of Washington may be judicially reviewed by use of the extraordinary writs. These writs include certiorari, mandamus, quo warranto, injunction, prohibition, and habeas corpus. Statutory appeal is allowed from many state agencies, and its scope will be discussed with care. Consideration will also be given to the distinction between direct and collateral attacks upon administrative proceedings. No conclusion will be drawn as to whether or not the tendency to set up boards and commissions is to be deplored. But light should be thrown on …


Improving Administrative Law, Joseph W. Henderson Nov 1943

Improving Administrative Law, Joseph W. Henderson

Washington Law Review

(Editor's Note: Mr. Henderson addressed the Association on September 17. The first part of his remarks dealt with the accomplishments of the American Bar Association. The remainder of his address was concerned with the subject of administrative law and is set out here in full.)


Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels Jan 1939

Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels

Washington Law Review

Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …


Administrative Powers Over Persons And Property, By Ernst Freund (1928), Granvyl G. Hulse Jan 1930

Administrative Powers Over Persons And Property, By Ernst Freund (1928), Granvyl G. Hulse

Washington Law Review

No abstract provided.