Courts Commons^™

Report To The Judicial Conference Of The Committee On Punishment For Crime, Jerome Hall

Indiana Law Journal

No abstract provided.

Parties To Administrative Proceedings, Paul Oberst

Michigan Law Review

It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …

The Advent Of The Administrative Process And Its Future, Thomas Frank Konop

Journal Articles

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three …

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 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 Tribunals-Organization And Reorganization, E. Blythe Stason

Michigan Law Review

No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …

The Logan Bill, Gregory Hankin

Kentucky Law Journal

No abstract provided.

The Proposed United States Administrative Court, Part Ii, Robert M. Cooper

Michigan Law Review

The recent movement for the passage of the Logan bill and the establishment of supervisory tribunals for the control of administrative determinations is the result of several preconceived theories concerning the shortcomings of the present system of administrative justice. These underlying theories, cautiously surrounded by a halo of judicial philosophy, have seldom been analyzed in their relation to the development of a sound policy for the administration of governmental functions. The present installment of this article will be devoted first to an examination of these fundamental theories and a consideration of the question how far the present administrative machinery is …

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …

Administrative Tribunals - Distinction In Legal Effect Between Legislative And Quasi-Judicial Orders Of The Interstate Commerce Commission

Michigan Law Review

The legal effect of orders of the Interstate Commerce Commission involves questions upon which there has been much dictum and considerable confusion of the issues. The result has been a body of law which, if not carefully explored, may prove to be a trap for the unwary. In the past few years, however, it is apparent that the courts are making more definite pronouncements which are more clearly pointing the way to distinguishing the various possible issues. The confusion unquestionably results from the heterogeneous nature of the functions performed by the Commission. A typical example is the rate-making function. It …

Public Service Commission-Prevention Of Enforcement Of Commission's Orders By Courts

Indiana Law Journal

No abstract provided.

The Work Of Judicial Councils, C. S. Sikes

Indiana Law Journal

Published in the American Political Science Review simultaneously with the Indiana Law Journal, by arrangement.

Administrative Tribunals-Notice And Hearing

Michigan Law Review

The State Highway Commissioner proceeded against the defendant railroad under a Virginia statute empowering him to order the removal of any railroad grade crossing and the substitution of an elevated road when in his opinion public safety and convenience demanded it. No notice and hearing was given or required, and the only judicial recourse was an action in equity in the event of "arbitrary" action. Held, by a six-three decision, that although it is assumed that a state legislature might order the same action, it by no means follows that an administrative officer may be empowered to act with …

Constitutional Law -Administrative Duties Of The Judiciary- Due Process

Indiana Law Journal

No abstract provided.

Administrative Tribunals-Right To Federal Injunction Against Administrative Orders

Michigan Law Review

The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …

Administrative Finality, A. Martin Tollefson

Michigan Law Review

The purpose of this article is two-fold. In the first place it is intended to set forth certain determining factors (a) as to whether or not administrative decisions are subject to review in cases where their finality is challenged before the courts and (b) if subject to review, to what extent. The second purpose is to call attention to the need for improvement in this country along the lines of executive or administrative justice from the standpoint of better agencies and better- facilities for disposing of litigated questions within the administrative tribunals. It should be said at the outset, however, …

Administrative Tribunals--Judicial Notice

Michigan Law Review

The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …

Administative Tribunals-Judicial Review Of Legislative Functions

Michigan Law Review

On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …

Conclusive Administrative Decisions, H. Parker Sharp

Indiana Law Journal

No abstract provided.

Administrative Tribunals-Operation Of Administrative Orders As Res Judicata

Michigan Law Review

To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.

Book Review. Dickinson, John, Administrative Justice And The Supremacy Of Law In The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

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 …

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 …

General Laws For The Government Of The Town Of Horse Cave, Hart County, Ky, Kentucky Library Research Collections

Research Collections

Booklet describing the laws and governance of the town of Horse Cave, KY in Hart County, 8 pages, published by Record Book and Job Print of Horse Cave, KY; John Altsheler, Chairman and J. M. Perkins, Clerk.