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

Commercial Law Commons™

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

Administrative Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 391 - 405 of 405

Full-Text Articles in Commercial Law

Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin Apr 1963

Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin

Michigan Law Review

The petitioner delivered goods to respondent, a common carrier by motor vehicle, for shipment from Buffalo, New York, to New York City, with the route of shipment left unspecified. The goods were shipped over the carrier's interstate route at a higher tariff filed with the Interstate Commerce Commission rather than over its intrastate route at the lower tariff filed with the New York Public Service Commission. Alleging causes of action under the Motor Carrier Act and at common law, the petitioner brought a postshipment action in a federal district court seeking reparation of the difference paid. The court, after a …

Go to article

Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel Jan 1963

Administrative Law-Judicial Control-Injunctive Extension Of The Rate Suspension Period Under The Interstate Commerce Act, John Eppel

Michigan Law Review

Plaintiffs, two interstate carriers and a municipal corporation, and defendants, four railroad companies, were parties to an investigation and suspension proceeding before the Interstate Commerce Commission. Section 15(7) of the Interstate Commerce Act allows the Commission to suspend the effectiveness of rate revisions proposed by carriers for seven months while it is deciding whether to approve them. If no decision is reached by the end of the suspension period, the proposed rates automatically become effective subject to a subsequent determination of their validity by the ICC. Expiration of the order suspending defendants' rate proposals was imminent when, in an unprecedented …

Go to article

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff Jan 1961

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Go to article

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger Dec 1960

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …

Go to article

Article 7 Of The Uniform Commercial Code, Douglass Boshkoff Dec 1960

Article 7 Of The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Go to article

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss Jan 1957

Administrative Law - Judicial Review - Ripeness For Revew Of An Interstate Commerce Commission Order, Robert Knauss

Michigan Law Review

In order to operate in interstate commerce, motor carriers must obtain a certificate of public necessity and convenience from the Interstate Commerce Commission and must obey the Interstate Commerce Act. However, motor vehicles used in carrying " . . . agricultural . . . commodities (not including manufactured goods) . . ." may operate free of the act. The commission on its own initiative investigated the meaning of the term "agricultural commodities," and after two years published a seventy-one page list classifying certain commodities as within or not within the exemption. Petitioner, an interstate trucker of various commodities listed as …

Go to article

Regulating Business By Independent Commission, By Marver H. Bernstein, Ivan C. Rutledge Oct 1955

Regulating Business By Independent Commission, By Marver H. Bernstein, Ivan C. Rutledge

Indiana Law Journal

No abstract provided.

Go to article

Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed. Nov 1946

Administrative Law-The Choice Of Remedy-Modification Of Administrative Order By Court, John W. Potter S.Ed.

Michigan Law Review

The Federal Trade Commission in proceedings under section 5 of the Federal Trade Commission Act found, inter alia, that petitioner, a manufacturer of overcoats, used a deceptive and misleading trade name, Alpacuna, which induced the erroneous belief that its coats contained vicuna. The commission issued a cease and desist order banning the use of the word Alpacuna to describe petitioner's coats. The circuit court of appeals found that the commission's findings were supported by substantial evidence, but felt that the remedy was unduly harsh because of the fact that the public interest could have been adequately protected by using qualifying …

Go to article

Administrative Law-Price Control Act-Recent Amendments, Robert A. Sprecher Aug 1944

Administrative Law-Price Control Act-Recent Amendments, Robert A. Sprecher

Michigan Law Review

On July 1, 1944, the "Stabilization Extension Act of 1944" became effective, thereby introducing several important changes in the field of price control law. Many of these changes have the effect of granting relief to persons subject to price control, while others are designed to aid the price administrator in his enforcement of the Price Control Act.

Go to article

Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons Feb 1941

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 …

Go to article

Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie Feb 1941

Constitutional Law - Due Process - Federal Price Control Under Commerce Clause For Milk And Coal Industries, Stark Ritchie

Michigan Law Review

As a natural concomitant of the prevailing laissez-faire economic philosophy, a strong feeling against any governmental regulation of business prevailed in American legislatures until well into the second half of the nineteenth century. Prices were considered to be especially immune to governmental tampering. The first step in the breakdown of the notion that government had no power over prices was the case of Munn v. Illinois. This decision introduced the doctrine that the legislature had the right to regulate prices in any business which the courts should find to be "affected with a public interest." Posed as a deceivingly …

Go to article

Railroads - Power Of Interstate Commerce Commission To Order Extensions Jun 1933

Railroads - Power Of Interstate Commerce Commission To Order Extensions

Michigan Law Review

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …

Go to article

An Important Study Of The Interstate Commerce Commission Apr 1932

An Important Study Of The Interstate Commerce Commission

Michigan Law Review

A review of THE INTERSTATE COMMERCE COMMISSION - A STUDY IN ADMINISTRATIVE LAW AND PROCEDURE. By I. L. Sharfman

Go to article

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity May 1931

Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity

Michigan Law Review

Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …

Go to article

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.

Go to article

First Prev