CONSTITUTIONAL LAW -- DUE PROCESS -- PRICE-FIXING

Authors

Michigan Law Review, University of Michigan Law School

Abstract

A Nebraska statute required the licensing of private employment agencies and limited maximum compensation for services rendered to ten per cent of the first month's salary or wages of the person for whom employment was obtained. In this case the Secretary of Labor of Nebraska refused to issue a license because of the applicant's refusal to limit its compensation to the statutory maximum. In a suit for a peremptory writ of mandamus to compel the issuing of the license, the Secretary of Labor relied on the statute. In reliance on Ribnik v. McBride, the Supreme Court of Nebraska, with one judge dissenting, held the statute invalid under the due process clause of the Fourteenth Amendment and ordered the peremptory writ of mandamus to be issued. On certiorari, held that the statute did not deny due process of law and the judgment of the state court ordered reversed. Olsen v. Nebraska ex rel. Western Reference & Bond Association, 313 U.S. 236, 61 S. Ct. 862 (1941).

Recommended Citation

Michigan Law Review, CONSTITUTIONAL LAW -- DUE PROCESS -- PRICE-FIXING, 40 Mich. L. Rev. 743 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss5/9