Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 13591 - 13620 of 13767

Full-Text Articles in Administrative Law

Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin Dec 1940

Labor Law - Back Pay - Requirement Of Deduction For Reimbursement Of Governmental Relief Agencies, Rex B. Martin

Michigan Law Review

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees' reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board's order. On petition for a writ of certiorari to that court, …


Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar Dec 1940

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 …


Declaratory Judgment To Declare A Prior Judgment Void Apr 1940

Declaratory Judgment To Declare A Prior Judgment Void

Indiana Law Journal

Recent Case Notes


Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner Mar 1940

Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner

Michigan Law Review

The basis for judicial review of administrative agencies in one form or another is the Union Pacific rule, originally developed to govern the relationship between the courts and the Interstate Commerce Commission. Variations in the application of this judicial formula to different agencies have been shaped for the most part by the character of the governmental power exercised and the nature of the subject matter under review. For example, the judicial control exercised over taxing authorities is circumscribed by the sovereign demand for revenue essential to the maintenance of government. The scope of judicial review has been extended in deportation …


Administrative Law - Review Of Administrative Orders - Elimination Of The "Negative" Order Doctrine, Robert J. Miller Mar 1940

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 …


"Substantial" Evidence In Reviewing The Orders Of The National Labor Relations Board Feb 1940

"Substantial" Evidence In Reviewing The Orders Of The National Labor Relations Board

Indiana Law Journal

Recent Case Notes: Administrative Law


Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge Feb 1940

Some Problems In The Enforcement Of The Antitrust Laws, Wendell Berge

Michigan Law Review

There has been much discussion through the years about the evils of monopoly, monopolistic practices, and unreasonable restraints of trade. We have always paid lip service to the ideal of free competition. But we have done little in this country to cope with these evils. We have done little to make our competitive ideal effective.


Administrative Law--The Abolition Of The Negative Order Doctrine, Alan R. Vogeler Jan 1940

Administrative Law--The Abolition Of The Negative Order Doctrine, Alan R. Vogeler

Kentucky Law Journal

No abstract provided.


Administrative Law - Taxation - Power Of Board To Adopt Rules And Regulations - Inflexibility Of Prior Ruling By Reenactment Of Statute Without Change, William F. Anderson Jan 1940

Administrative Law - Taxation - Power Of Board To Adopt Rules And Regulations - Inflexibility Of Prior Ruling By Reenactment Of Statute Without Change, William F. Anderson

Michigan Law Review

The respondent oil company in computing its net income for the years 1929-1930 for the purpose of applying the depletion deduction provisions of the Revenue Act of 1928 refused to deduct certain development expenditures, although it had deducted those development expenditures in computing its taxable net income for these years. Under the rule-making power of section 23 (1) of that act, the commissioner defined "net income of the taxpayer" as used in section 114 (b)(3) as meaning gross income from the sale of gas and oil less certain deductions, including development expenses (if the taxpayer had elected to deduct development …


Introduction By Chairman (Symposium On Administrative Law And Procedure), Ralph F. Fuchs Jan 1940

Introduction By Chairman (Symposium On Administrative Law And Procedure), Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


An Approach To Administrative Law, Ralph F. Fuchs Jan 1940

An Approach To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Conclusion (Symposium On Administrative Law And Procedure), Ralph F. Fuchs Jan 1940

Conclusion (Symposium On Administrative Law And Procedure), Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Negative Order Doctrine Dec 1939

Negative Order Doctrine

Indiana Law Journal

Recent Case Notes: Administrative Law


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 Nov 1939

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 …


The Nature Of Administrative Agencies And Practice Before Them, George M. Morris Aug 1939

The Nature Of Administrative Agencies And Practice Before Them, George M. Morris

Indiana Law Journal

No abstract provided.


Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes Jun 1939

Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes

Michigan Law Review

The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …


Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review May 1939

Administrative Law - Labor Law - Federal Courts - Equity - Propriety Of Interrogatories Directed To The Members Of The National Labor Relations Board, Michigan Law Review

Michigan Law Review

The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further …


Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield Apr 1939

Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield

Michigan Law Review

The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …


Administrative Procedure: National Labor Relations Board, J. Warren Madden Feb 1939

Administrative Procedure: National Labor Relations Board, J. Warren Madden

West Virginia Law Review

No abstract provided.


Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks Feb 1939

Administrative Law - Requirements Of "Full Hearing", Collins E. Brooks

Michigan Law Review

The late Professor Ernst Freund once wrote, "A judicial hearing involves two things: that the party be heard as to his own case and that he hear the case against him." Were the words "quasi-judicial" to be substituted for the word "judicial" in Dr. Freund's definition, it would be difficult more concisely to paraphrase the two decisions of the United States Supreme Court in the case of Morgan v. United States. Fifty suits, later consolidated for purposes of trial, were started by certain market agencies of the Kansas City Stockyards to enjoin the enforcement of an order of the …


Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks Feb 1939

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 …


Symposium On Administrative Law, Ralph F. Fuchs Jan 1939

Symposium On Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs Jan 1939

The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs Jan 1939

Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


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 …


Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs Jan 1939

Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Administrative Law-Requisites For Full Hearing Delegation Of Power Dec 1938

Administrative Law-Requisites For Full Hearing Delegation Of Power

Indiana Law Journal

No abstract provided.


Boards And Commissions-Appealable Orders Dec 1938

Boards And Commissions-Appealable Orders

Indiana Law Journal

No abstract provided.


The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler Dec 1938

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 …


Judicial Review Of Administrative Action In West Virginia--A Study In Separation Of Powers, Kenneth C. Davis Jun 1938

Judicial Review Of Administrative Action In West Virginia--A Study In Separation Of Powers, Kenneth C. Davis

West Virginia Law Review

This article attempts to bring together and to analyze critically the West Virginia cases dealing with review by courts of action taken by administrative officials and tribunals. Although a wealth of legal literature on federal administrative law is rapidly developing, studies of some phases of state law in this field are still relatively rare. The need for research in state administrative law is indicated by the seemingly unscientific approach of many courts to some problems, by an apparently high degree of incoherence in the decisions, and by the striking inadequacy of the case finders. This article proceeds upon the hypothesis …