Evidence Commons^™

Federal Agency Investigations: Requirements For The Production Of Documents, Frank E. Cooper

Michigan Law Review

The United States district courts are frequently called upon to decide whether an administrative agency is entitled to enforcement of a subpoena requesting production of documentary evidence which the person to whom the subpoena is addressed assails as an unnecessary and improper inquisitorial investigation.

Neither the statute nor the decision-landmarks though they both are-offers a convenient rule of thumb to guide the district courts in the intensely difficult problems posed by requests for enforcement of administrative subpoenas.

However, an examination of the decisions passing upon such requests does disclose the standards by which the courts apply the three classic tests, …

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …

Book Reviews, Laurence H. Eldredge, Henry N. Williams

Vanderbilt Law Review

Evidence of Guilt: Restrictions Upon its Discovery or Compulsory Disclosure

By John MacArthur Maguire

Boston: Little, Brown &Co. 1959. Pp. xi, 295. $12.50

reviewer: Edmund M. Morgan

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Government and Public Administration

By John D. Millett

New York. McGraw-Hill Book Co. 1959. Pp. x, 477. $7.95

reviewer: Henry N. Williams

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

Of particular significance in this field during the survey year has been the decision of the Supreme Court of Tennessee in Southern Bell Tel. and Tel. Co. v. Tennessee Pub. Serv. Comm'n. Several aspects of administrative law are involved in this holding, including scope of review, evidence to be considered by the court on review, and the rate-making function...

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In Flowers v. Benton County Beer Board, the license of a beer permit holder was revoked by a county beer board due to the holder's plea of guilty to driving an automobile while under the influence of an intoxicant in …

Administrative Law--Scope Of Judicial Review--Substantial Evidence Rule, J. O. F.

West Virginia Law Review

No abstract provided.

Speculative Evidence And The Administrative Process

Indiana Law Journal

No abstract provided.

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute.' This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute. This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Tennessee Judicial Highlights, Journal Staff

Vanderbilt Law Review

CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED

Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?

Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.

Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.

Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.

Elliott v. Fuqua, …

Abstracts, Benjamin M. Quigg, Jr.

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris

Michigan Law Review

Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …

Administrative Law-Right Of Persons Aggrieved By Orders To Review By Appellate Courts, Hobart Taylor, Jr.

Michigan Law Review

The Milk Control Board issued an order providing in part that where milk or cream was sold in single service paper containers a nonrefundable container charge of one cent be added to the applicable wholesale or retail price. Petitioner, engaged solely in the manufacture of paper containers for the packaging of milk, sought review of the proceedings of the board upon which the order was based. A demurrer based on the ground that petitioner was not a "person aggrieved" was sustained by the superior court and petitioner appealed. Held, a person "interested" or "aggrieved" need not be within the …

Administrative Law - Subpoena Power In Administrative Agencies, Arthur B. Lathrop

Michigan Law Review

The Secretary of Labor, acting under the authority vested in her by the Walsh-Healey Act, instituted an administrative proceeding against the petitioner charging violations of the minimum and overtime payment provisions of a government contract. Upon the petitioner's refusal to furnish certain records believed to be essential in determining jurisdiction, the secretary issued a subpoena duces tecum for their production. Shortly thereafter, this suit was begun in the district court to obtain an enforcement order directing the petitioner to obey the subpoena. The petitioner, contending that the secretary was without jurisdiction to investigate the plants and employees involved, successfully resisted …

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.

Administrative Law - Scope Of Judicial Review - Doctrine Of The Ben Avon Case- Independent Determination By Court Of Both Law And Facts Where Confiscation Question Involved, Alfred I. Rothman

Michigan Law Review

A recent decision by the United States Supreme Court renders desirable a reexamination of the scope of judicial review of orders and decisions made by administrative bodies, and more specifically a reexamination of the doctrine of the Ben Avon case. There are several possibilities as to the finality that may be accorded to administrative fact determinations: first, findings may be conclusive and binding upon the reviewing court; second, they may be conclusive if supported by substantial evidence; third, they may be subject to independent determination by the court. To what extent, if any, the scope of review should take the …

Administrative Law-Operation Of Federal Statute Creating Presumption Against Suicide In Compensation Cases

Michigan Law Review

A carpenter making repairs nearby, hearing a sharp report followed by groans, found plaintiff's husband lying upon the floor. He died without recovering consciousness from a bullet wound through the breast. The pistol to which the fatal bullet was traced lay in a partly closed drawer which was spattered with blood as was the counter near by. The ejected shell lay some feet away in the position where it would be found had the pistol been discharged directly in front of deceased's breast. There were powder burns on his clothes. Contradictory evidence of deceased's mental state was adduced toward the …

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 …

Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals

Michigan Law Review

In the recent case of Lloyd-McAlpine Logging Co. v. Whitefish (Wis. 1926) 206 N. W. 914, the plaintiff brought action to vacate the award of the Industrial Commission in favor of the children of the deceased workman, who was killed in the course of his employment with the plaintiff company. Under the Wisconsin statute (Stat. 1925, sec. 102.11 (3) (c)) in awarding compensation to the children, a showing that they were living with the deceased and that there is no surviving dependent parent, is required. The Commission, on the testimony of a witness whose expressions were mere conclusions, with no …

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 …