Constitutional Law in 1943–44

1945 ◽  
Vol 39 (2) ◽  
pp. 293-308
Author(s):  
Robert E. Cushman
Keyword(s):  
Constitutional Law ◽  
Federal District ◽  
Price Control ◽  
Price Regulation ◽  
District Court ◽  
Total List ◽  
National Power ◽  
Insurance Business ◽  
Set Up ◽  
War Power

There were no changes in the personnel of the Court during the 1943 term. Disagreement amongst the justices mounted sharply. In seventeen cases, four justices dissented; three dissented in twenty others. Two cases overruled previous decisions of the Court, bringing to twenty-four the total list of reversals since 1937. One of the two recent reversals, that in the very important case holding the insurance business to be interstate commerce, was effected by a minority of the justices, who divided four-to-three.A. Questions of National Power1. The war PowerConstitutionality of Wartime Price Control and Rationing. In a group of cases, the Court came to grips with the constitutionality and construction of the Emergency Price Control Act of 1942. The most important of these was Yakus v. United States, involving a conviction in a federal district court in Massachusetts for a violation of the maximum prices fixed by the O.P.A. on the sale of wholesale cuts of beef. Yakus refused to obey the price regulation, declined to follow the procedure made available in the statute for protesting against it, and attempted in his criminal trial to challenge the validity of the price regulations and of the statute on which they rested. This he was not permitted to do. Speaking through Chief Justice Stone, the Gourt held the Emergency Price Control Act to be valid, not only in its substantive regulations, but also in the procedures set up for its enforcement. The Court's opinion dealt with four points.

State Constitutional Law in 1932–33, II

1933 ◽  
Vol 27 (5) ◽  
pp. 752-768
Author(s):  
Charles G. Haines
Keyword(s):  
Constitutional Law ◽  
Federal District ◽  
District Court ◽  
Great Care ◽  
Relevant Factor ◽  
Administrative Authority ◽  
State Tax ◽  
Reproduction Cost ◽  
State Constitutional Law ◽  
Special Master

Review of administrative authority and procedure has at times some strange and unfortunate results. Such was the case when the railroads protested the payment of taxes levied by the state tax commission of Washington. When the issue was brought to the courts, a special master was designated to secure evidence and to make preliminary findings of fact and conclusions of law. The master found no actual fraud, but concluded that there was constructive fraud in fixing base values and in allocating such values to the counties. He also found gross over-valuation and a grossly excessive ratio of assessed to actual value.With the master's report before it, the federal district court made the usual deferential statement to administrative officers in this field in asserting that great care must be taken not unduly to interfere with the discretion which is confided to the assessing and taxing agencies; within their jurisdiction, except in case of fraud or a clearly shown adoption of wrong principles, they are the ultimate guardians of certain rights. Then the court proceeded to condemn the methods of procedure followed by the tax commission in assessing railway property, and also to disapprove of some of the conclusions of the master. Among these conclusions, the master believed that reproduction cost could not be used as a criterion for tax purposes; but the court held that such cost may be considered a relevant factor in such cases.

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

scholarly journals Quantitative Evaluation of China’s Pork Industry Policy: A PMC Index Model Approach

Agriculture ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 86
Author(s):  
Youzhu Li ◽  
Rui He ◽  
Jinsi Liu ◽  
Chongguang Li ◽  
Jason Xiong
Keyword(s):  
Low Income ◽  
Quantitative Research ◽  
Large Scale ◽  
Industrial Structure ◽  
Central Government ◽  
Operation Mode ◽  
Control Policy ◽  
Price Control ◽  
Price Regulation ◽  
Index Model

To ease the fluctuation of hog prices and maintain the hog market’s stability, the central government of China has issued a series of hog price control policies. This paper, supplemented by co-word analysis and LDA thematic modeling, constructed 9 first-level indicators and 36 s-level indicators and used a PMC index model to conduct quantitative research on the selected 74 policies and regulations of China’s pig price regulation policies from July 2007 to April 2020. The research concludes that the research tool system of China’s hog price control is formed. The overall design of the hog price control policy is relatively reasonable, but there are still the following problems: the subject of China’s pig price control policy is singular, so it is difficult to form a resultant force; the policy pays attention to the price regulation in the short term, but ignores the long-term industrial structure adjustment; it emphasizes market supervision, but insufficient support for slaughtering and processing; it focuses on production and management to improve the development quality and efficiency of the pig industry, but does not take social equity into account. Finally, some policy suggestions are put forward: multi-department division of labor and close cooperation; adjusting the industrial structure of hog and carrying out appropriate large-scale breeding; establishing the operation mode of slaughtering and processing in the producing area to reduce the circulation cost of the pig industry; ensuring the consumption of pork by low-income groups and giving consideration to social efficiency and equity.

scholarly journals Constitutional reform 2020 and problems of protection of rights and freedoms of human and citizen in Russian Federation

2021 ◽  
Vol 39 (3) ◽  
pp. 47-51
Author(s):  
N. А. Gazimagomedova ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Constitutional Law ◽  
Federal District ◽  
Constitutional Reform ◽  
The North ◽  
The Russian Federation

The article discusses the problems of further improving the theory and legislation of constitutional law, as well as the practice of ensuring and protecting human and civil rights and freedoms in the Russian Federation based on the novels of the constitutional reform of 2020. All-Russian requirements in the regions of the North Caucasian Federal District.

LIQUOR INDUSTRY BIRTH DEFECT SUITS

PEDIATRICS ◽  
1989 ◽  
Vol 84 (3) ◽  
pp. A54-A54
Author(s):  
J. F. L.
Keyword(s):  
Birth Defects ◽  
Birth Defect ◽  
Public Attitudes ◽  
Alcoholic Beverage ◽  
Federal District ◽  
District Court ◽  
Fetal Alcohol ◽  
Duty To Warn ◽  
Beverage Industry ◽  
Specific Health

Seattle, April 20—Already faced with declining sales and increasingly hostile public attitudes, the alcoholic beverage industry is bracing for the first in a series of trials in which they are blamed for causing birth defects. The nation's first lawsuit on behalf of children suffering from fetal alcohol syndrome, a birth defect that is the leading known cause of mental retardation, is scheduled to go to trial Monday in Federal District Court here. In the suit, two parents who admit they are alcoholics say a distiller's failure to warn of the link between moderate or heavy whisky consumption and birth defects was the cause of their child's impairment. The suit alleges that liquor manufacturers have a duty to warn consumers that drinking during pregnancy can lead to birth defects. Lawyers for the distiller argue that, because most people already know of the dangers of drinking, the company had no duty to warn of the specific health hazards.

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