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Articles 1051 - 1074 of 1074
Full-Text Articles in Energy and Utilities Law
Due Process-A Substantive Due Process Attack On The Price-Anderson Act-Duke Power Co. V. Carolina Environmental Study Group, Inc.
BYU Law Review
No abstract provided.
Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr.
Exxon Corporation V. Governor Of Maryland, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
Constitutional Law--Obtaining Due Process In Public Utility Pre-Termination Procedures, Mark A. Summers
West Virginia Law Review
No abstract provided.
Salyer Land Company V. Tulare Lake Basin Water Storage District, Lewis F. Powell Jr.
Salyer Land Company V. Tulare Lake Basin Water Storage District, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
Michigan Law Review
The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.
Constitutional Law - Delegation Of Legislative Power - Use Of State Agency Classification As Basis For Federal Law, James Tobin
Constitutional Law - Delegation Of Legislative Power - Use Of State Agency Classification As Basis For Federal Law, James Tobin
Michigan Law Review
Under provisions of the Federal Coal Mine Safety Act a coal mine is classified as gassy within the meaning of the act, and certain precautionary measures are thereby required, when the U. S. Bureau of Mines finds that the mine atmosphere fails to meet tests set forth in the act or when the mine is found to be a "gassy or gaseous mine pursuant to and in accordance with the laws of the State in which it is located." One of appellant's coal mines was classified as gassy by the West Virginia Department of Mines. When appellant failed to comply …
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Michigan Law Review
This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.
Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Michigan Law Review
Eighteen electric utilities, with non-exclusive franchises and in direct competition with the TVA in selling power wholesale to municipalities, cooperatives and large industrial plants, sought to enjoin the activities and projects of the TVA and its directors as being unconstitutional and as contravening their rights under the fifth, ninth, and tenth amendments. Fraud, duress, and misrepresentations in securing customers were charged. A court of three judges dismissed the bill, holding that there was no fraud or duress and that the TVA was constitutional. Fourteen utilities appealed to the United States Supreme Court. Held, with Justices Butler and McReynolds dissenting, …
Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer
Constitutional Law - Public Works Administration - Validity - Requisite Interest To Challenge Constitutionality, Gerald L. Stoetzer
Michigan Law Review
After three years of prolonged litigation which has deprived the nation of many intended immediate benefits, another New Deal measure commonly known as the Public Works Administration has withstood the legal attacks persistently made upon it. One of the earliest enactments of the Seventy-third Congress during the present administration, Title II of the National Industrial Recovery Act, passed with the view of directing the country from an economic abyss, recently received judicial sanction in the United States Supreme Court, although Title I of the same act was early attacked and decreed unconstitutional in Schechter Poultry Corp. v. United States. Title …
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Public Utilities - Constitutionality Of Statute Imposing Regulatory Costs Upon Utilities, Charles W. Allen
Michigan Law Review
A state statute imposed an annual fee of one-tenth of one per cent of gross operating revenues upon public utilities. The fees were placed in a state revolving fund used to defray the expenses of administration of the public service law. Plaintiff railroad paid the fees under protest and brought an action to recover that amount, claiming that the act was unconstitutional. The trial court held that the act was unconstitutional on its face. The state supreme court revised this decision, holding that act valid and placing the burden of proof on the plaintiff to show that it had become …
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Michigan Law Review
A Washington statute provides that whenever the public service commission shall deem it necessary in the performance of its duties to make any investigation or valuation of a public service company, the public service company shall pay the expenses reasonably attributable thereto. The statute provides that the commission, after giving an opportunity to be heard, "shall render a bill therefor or for such part thereof as it may find necessary and reasonable." In an appeal by certain public service companies from an assessment made by the commission, held, the statute was unconstitutional because of denial of equal protection of …
Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit
Michigan Law Review
The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.
Constitutional Law-Right To Competition
Constitutional Law-Right To Competition
Michigan Law Review
The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …
The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton
The Power Of A State To Control The Export Of Hydro-Electric Energy, James W. Simonton
West Virginia Law Review
No abstract provided.
Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove
Constitutional Law--Separation Of Powers--Water Power Act, Bernard Sclove
West Virginia Law Review
No abstract provided.
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Constitutional Law-Methods Of Testing The Constitutionality Of Rate Status Involving Heavy Penalties
Michigan Law Review
Where a state statute prescribes maximum intrastate railroad rates and also attaches heavy penalties for violations of the statute by a railroad or its agents, and where a railroad thinks the rates are confiscatory and hence unconstitutional, it is faced with an apparent dilemma. Must it either submit to the supposed confiscatory rates or else run the chance of incurring heavy penalties in case the statute is held constitutional? Or, is there another alternative-a painless way of testing the validity of the rates?
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
Fair Value Of Public Utilities, Edwin C. Goddard
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 …
Interstate Commerce--Control By States--Regulation Of Interstate Transmission Of Natural Gas And Electricity
West Virginia Law Review
No abstract provided.
State Regulation Of Interstate Transmission Of Natural Gas And Electricity, T. P. H.
State Regulation Of Interstate Transmission Of Natural Gas And Electricity, T. P. H.
West Virginia Law Review
No abstract provided.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …