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Articles 571 - 591 of 591
Full-Text Articles in Jurisdiction
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach
Michigan Law Review
A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Michigan Law Review
United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …
Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood
Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood
Michigan Law Review
Plaintiff, an independent shipper, sought review of a Federal Maritime Board order approving under section 15 of the Shipping Act an association's dual-rate contract system found to be "a necessary competitive measure to offset the effect of non-conference competition." The court pf appeals set aside the Board's order on grounds that the system was prohibited by section 14 Third of the same act. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. A dual-rate contract system found by the FMB to be designed to meet outside competition is a "resort to other discriminatory or unfair …
Federal Power To Regulate Immigration And Judicial Review Of Administrative Orders, Filindo B. Masino
Federal Power To Regulate Immigration And Judicial Review Of Administrative Orders, Filindo B. Masino
Villanova Law Review (1956 - )
No abstract provided.
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Michigan Law Review
Respondent railroads sued in the Court of Claims to recover from petitioner United States, as shipper, the difference between actual tariff payments and those allegedly due on shipments of aerial bomb cases containing napalm gel. Petitioner alternatively asserted that (1) since the bombs as shipped were non-explosive, respondent's advocated classification as "incendiary bombs" was inapplicable, or (2) if such classification were held to apply, then the rate was unreasonable, and preliminary resort to the Interstate Commerce Commission must be had for a determination of reasonableness. On certiorari from summary judgment for respondent, held, reversed. The commission has exclusive primary …
Determination Of Heirship, Paul E. Basye
Determination Of Heirship, Paul E. Basye
Michigan Law Review
Nearly a hundred years have elapsed since the Supreme Court emphatically voiced its conviction as to the necessity of having some method for making a final determination concerning the devolution of the ownership of property upon the death of its owner.
Administrative Law--Res Judicata--Determination Of The Jursidictional Fact, D. A. B.
Administrative Law--Res Judicata--Determination Of The Jursidictional Fact, D. A. B.
West Virginia Law Review
No abstract provided.
Securities Legislation - Public Utility Holding Company Act Jurisdiction Of The Securities And Exchange Commission, Robert Kneeland
Securities Legislation - Public Utility Holding Company Act Jurisdiction Of The Securities And Exchange Commission, Robert Kneeland
Michigan Law Review
In 1935 the International Paper and Power Company filed an application with the Securities and Exchange Commission to secure permanent exemption from the provisions of the Public Utility Holding Company Act of 1935. While this application was pending, the company formed a plan for recapitalization of its stock, and applied to the commission for an order validating the plan. The report of the commission on this plan was approved by the requisite number of shareholders of the company, whereupon the commission entered an order purporting to exempt from the provisions of the act the stock and the warrants for stock …
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts Where State Review Procedure Prohibits Issue Of Supersedeas, William J. Isaacson
Michigan Law Review
Complainant power company attacked as confiscatory the decrease in rates ordered by the Public Service Commission of Montana. The company demanded an interloctory injunction pending a final decree. It appeared that there was on the statute book of Montana a statute prohibiting supersedeas pending judicial review in such cases. The district court granted the commission's motion to dismiss on the ground that a plain, speedy, and efficient remedy was available to the plaintiff in the state courts, and hence the requirements of the Johnson Act of May 14, 1934, were met. Therefore, so it was contended, federal jurisdiction was precluded. …
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Commission Jurisdiction Over Utility Cooperatives, Israel Packel
Michigan Law Review
A group of farmers desire electricity. They propose to form a cooperative, to borrow money and to construct electric distribution lines. They probably will incorporate the cooperative as a stock or non-stock corporation in order to obtain the benefit of limited liability. The cooperative might be formed under a statute specifically enacted to authorize the formation of cooperatives or under a general incorporation statute. Normally, the charter of the cooperative will provide for equality in control by the members or shareholders and for a limited return or no return on capital investment. The cooperative will probably apply to the Federal …
The Proposed United States Administrative Court, Robert M. Cooper
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 Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Administrative Law - Johnson Act - Jurisdiction Of Federal Courts To Grant Injunctions Against Enforcement Of Rate Orders Of State Commissions, Donald L. Quaife
Michigan Law Review
Two years have elapsed since the passage of the Johnson Act restricting the jurisdiction of federal district courts to enjoin rate-making orders of state utility commissions; and the time is now ripe to survey the case law which has grown up under the act and to evaluate its results. It will be recalled that this statute came as the culmination of a long history of agitation to prevent federal court interference with what many believed to be a function which local state courts were better fitted to review. The interference aimed at had resulted from the amendment to the Judiciary …
Administrative Law-Judicial Review-Federal Equity "Powers
Administrative Law-Judicial Review-Federal Equity "Powers
Michigan Law Review
Plaintiff's testator, a resident of New York, died there and at the time of his death owned certain oil paintings on temporary loan to an Art Museum in Pennsylvania, on which the State of Pennsylvania levied an inheritance tax. Plaintiff, executor under a will disposing of the pictures, filed a bill in the Federal District Court for Eastern Pennsylvania to enjoin the defendants, tax officials of Pennsylvania, from attempting to impose or collect the inheritance tax. The bill alleged diversity of citizenship and the requisite jurisdictional amount, and further that the imposition of the tax violated the Fourteenth Amendment, depriving …
Administrative Law - Statutory Interpretation - Conclusiveness Of Decision
Administrative Law - Statutory Interpretation - Conclusiveness Of Decision
Michigan Law Review
Pursuant to an order of the Interstate Commerce Commission, the government had paid defendant $487,116.31 as the deficit incurred during federal control and due defendant under section 204 of the Transportation Act of 1920. The Commission later reopened the proceeding and annulled the order because it had erroneously interpreted the word "deficit" in the statute to mean a decrease in net railroad operating income in the federal control period as compared with the corresponding months of the test period from July 1, 1914, to June 30, 1917, instead of a "red ink deficit." The government then sued to recover the …
Administative Tribunals-Judicial Review Of Legislative Functions
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 …
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell
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
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, …
Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall
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
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 …