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Articles 13711 - 13740 of 13747

Full-Text Articles in Administrative Law

Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility Mar 1926

Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility

Michigan Law Review

Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.


The Family Automobile And The Family Purpose Doctrine, Walter E. Treanor Feb 1926

The Family Automobile And The Family Purpose Doctrine, Walter E. Treanor

Indiana Law Journal

No abstract provided.


Burn's Annotated Indiana Statutes, By Harrison Burns, Louis B. Ewbank Jan 1926

Burn's Annotated Indiana Statutes, By Harrison Burns, Louis B. Ewbank

Indiana Law Journal

No abstract provided.


Book Reviews Nov 1925

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.


Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin Jan 1925

Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin

Michigan Law Review

The Federal Trade Commission Act and the Clayton Act provide that the Commission's findings as to facts, if supported by testimony, shall be conclusive. Now that the Commission has functioned for almost ten years and a considerable number of its findings have been reviewed by the courts, it is interesting to examine the effect of this statutory provision. In other words, are the findings of the Federal Trade Commission as to facts, if supported by testimony, actually conclusive on the courts when appeal is taken to the Circuit Court of Appeals? This we shall discuss apart from the question--"What, as …


Fishing Expeditions By Commissions, John Leland Mechem Jun 1924

Fishing Expeditions By Commissions, John Leland Mechem

Michigan Law Review

Can Congress, under the Commerce Clause of the Constitution, delegate visitorial powers over private corporations engaged in interstate commerce, to the extent of granting unlimited and unrestricted examination and inspection of private papers and effects, with the right to copy them?


Fair Value Of Public Utilities, Edwin C. Goddard Jun 1924

Fair Value Of Public Utilities, Edwin C. Goddard

Michigan Law Review

Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …


Some Constitutional Phases Of The Cummins Railroad Consolidation Bill Apr 1924

Some Constitutional Phases Of The Cummins Railroad Consolidation Bill

Michigan Law Review

The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …


The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell Mar 1923

The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell

Michigan Law Review

By the terms of Article III of the Constitution the federal judicial power extends to cases and controversies of various kinds, and it is established that no dispute, even though otherwise cognizable, can be brought before the federal courts unless they are technically a case or a controversy. In illustration of this, Fairchild v. Hughes held that a private citizen with no other interest at stake than his personal opposition to woman suffrage can not bring a bill to restrain the Secretary of State from issuing a proclamation declaring the ratification of the Nineteenth Amendment.


Procedure And Practice Before The Federal Trade Commission, John Leland Mechem Dec 1922

Procedure And Practice Before The Federal Trade Commission, John Leland Mechem

Michigan Law Review

The Federal Trade Commission, now in its eighth year, has successfully withstood the attacks, judicial and political, which threatened at times to destroy it, or, at least, to render it impotent. The act creating it has been held constitutional; its powers and duties have been defined; the present administration has indorsed it; and the public have come to realize its power for good. As its activities have expanded its influence has become definitely felt by the business world. The increasing interest of both business men and members of the profession warrants a brief exposition of the practice before the Commission, …


Ministerial And Discretionary Official Acts, Edwin W. Patterson Jun 1922

Ministerial And Discretionary Official Acts, Edwin W. Patterson

Michigan Law Review

Two recent cases, one in Michigan and one in Iowa, bring up again the insistent question of judicial control over administrative action and the oft-repeated distinction between "ministerial" and "discretionary" official acts.


Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall Apr 1922

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …


Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen Mar 1922

Book Reviews, Edgar N. Durfee, Edwin D. Dickinson, Burke Shartel, Leonard D. White, Evans Holbrook, C E. Griffin, Ding Sai Chen

Michigan Law Review

Although the three lectures contained in this volume are propounded as a "trinity," the reader will not find in them that unity which is of the essence of a trinity, as distinguished from an aggregate of three. The author proposes a "triune division" of legal science, Past, Present and Future. But the first lecture deals with a particular phase of the past, the second with a remotely related phase of the present, and the last with a quite unrelated phase of the future, so that they have little in common, save the brilliance that sparkles through them all.


Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell Mar 1922

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

Cases Arising under the Constitution or Laws of the United States. The question whether a case presents a "federal question," so called, is raised in a number of the controversies in which the asserted federal question was considered and answered. Only a few of these instances need special mention. In Hartford Life Ins. Co. v. Blincoe,3 after reversal by the Supreme Court of a state judgment against a defendant, a second judgment was rendered by the state court on different grounds. These included holding an assessment on an insurance policy to be void for the inclusion of a state tax …


The Extent Of The Finality Of Commissions' Rate Regulations, Thomas Porter Hardman Jan 1922

The Extent Of The Finality Of Commissions' Rate Regulations, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.


The Right To A Judicial Review In Rate Controversies, Ernest Freund Mar 1921

The Right To A Judicial Review In Rate Controversies, Ernest Freund

West Virginia Law Review

No abstract provided.


Judicial Control Of Administrative Judgment As To Validity Of Bonds, M. T. V. H. Nov 1920

Judicial Control Of Administrative Judgment As To Validity Of Bonds, M. T. V. H.

West Virginia Law Review

No abstract provided.


Administrative Legislation, John A. Fairlie Jan 1920

Administrative Legislation, John A. Fairlie

Michigan Law Review

Few people are aware of the great extent to which public administration in the United States national government is controlled by means of administrative regulations or orders, in the nature of subordinate legislation. Most writers on American government have emphasized the greater detail of statutory legislation in this country as compared with the statutes of continental countries in Europe, or even with Acts of Parliament in Great Britain, and have under-estimated, and indeed have usually ignored entirely, the enormous mass of administrative legislation supplementing Acts of Congress, and issued by the President and the various executive departments, bureaus, commissions. and …


What Constitutes A Public Service, T. P. H. Jan 1920

What Constitutes A Public Service, T. P. H.

West Virginia Law Review

No abstract provided.


Waiver By A State Of The Right To Regulate Rates, T. P. H. Nov 1919

Waiver By A State Of The Right To Regulate Rates, T. P. H.

West Virginia Law Review

No abstract provided.


Private Rights And Administrative Discretion, Frank J. Goodnow Jan 1918

Private Rights And Administrative Discretion, Frank J. Goodnow

Kentucky Law Journal

No abstract provided.


State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.


Going Value As Value For Purposes Of Rate Regulation, Thomas Porter Hardman Jan 1918

Going Value As Value For Purposes Of Rate Regulation, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.


Reasonable Rates, Henry Hull Apr 1917

Reasonable Rates, Henry Hull

Michigan Law Review

The principles underlying the decisions of the Interstate Commerce Commission are, for the most part, admittedly sound principles, and their number is not inordinately great. But to lawyers, and students of law, the application of these principles seems, in casual reading, to be made as whim or fancy dictates. It is a frequent complaint of the lawyer that there is no law in rate decisions.


Federal Valuation Of Carriers Under Act Of March 1, 1913, James Poyntz Nelson Jan 1917

Federal Valuation Of Carriers Under Act Of March 1, 1913, James Poyntz Nelson

Kentucky Law Journal

No abstract provided.


Recent Important Decisions Feb 1914

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.


Ley Del Servicio Civil Y Reglamento Para Su Ejecución, Vigentes En La República De Cuba, República De Cuba. Senado. Jan 1913

Ley Del Servicio Civil Y Reglamento Para Su Ejecución, Vigentes En La República De Cuba, República De Cuba. Senado.

Mario Diaz Cruz Pamphlets

Decretos Nos. 45, de 11 de enero de 1909, y 1031, de 23 de noviembre de 1910. Contiene todas las modificaciones dictadas desde su promulgación hasta el año 1913 publicados en la Gaceta Oficial de 18 de enero de 1909 y 28 de noviembre de 1910.


Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba Jan 1909

Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba

Cuban Law

Han sido dos las ideas generadoras de la Ley: organizar en carrera especial, el servicio activo y permanente de la administración civil e independizar, hasta donde fuere posible, de la influencia política, la Administración. Sobre estos dos pensamientos fundamentales se desenvuelve el articulado de la Ley.


Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee Jun 1905

Adminsitrative Law: Journey Through The Administrative Process And Judicial Review Of Administrative Actions., William H. Chamblee

St. Mary's Law Journal

Abstract Forthcoming.


Mandamus Against A Governor, Edward J. Myers Jun 1905

Mandamus Against A Governor, Edward J. Myers

Michigan Law Review

The question whether the courts have the power to issue he writ of mandamus against the chief executive of a state to compel the performance of a duty imposed upon him by law, has been answered in two irreconcilable lines of decision-the one being that the Governor is not answerable to the writ to compel the performance of his duty, be it either discretionary or ministerial in its character, the other, that he is liable to the writ to compel the performance of duties purely ministerial in nature. Mr. High, in his work on Extraordinary Legal Remedies, says: "The jurisdiction …