Law Commons^™

Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins

Akron Law Review

The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.

Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly

Akron Law Review

"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …

Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner, Linda Haught Robb

Akron Law Review

"INTEREST-FREE FAMILY LOANS remain outside the purview of the federal estate and gift tax statutes despite the recent efforts of the Internal Revenue Service to convince the judiciary that, in such loans, the fair market value of the foregone interest is a gift. This is an extrapolation of the Service's efforts to find income to the recipient in other interest-free money situations. In light of the Service's limited activity in dealing with tax consequences of the interest-free loans, the Seventh Circuit's decision in Crown v. Commissioner' will be an important reference for estate and tax planning. Doubtlessly, the Service will …

First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz

Akron Law Review

"The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording "commercial speech" the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions."

First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno

Akron Law Review

“ ‘I was thinking about the curse words and the swear words, the cuss L words and the words you can't say . . .the words you couldn't say on the public, ah, airwaves... the ones that will curve your spine [and] grow hair on your hands ....’ While this is the satiric opinion of George Carlin, the Federal Communications Commission (FCC) and a bare majority of the United States Supreme Court have embraced it as their genuine opinion.' They have decided to protect the public from the fate of hearing Carlin's social criticism regarding seven ‘dirty’ words.”

A Legal Overview Of The Osha Noise Standard, Peter T. Parashes

Akron Law Review

SINCE AUGUST 27, 1971, when it became effective, the Occupational Safety and Health Administration's (OSHA) regulation concerning noise levels has been the source of considerable controversy and confusion.... The law concerning the noise standard is itself far from settled. The multitude of decisions from the Occupational Safety and Health Review Commission...and administrative law judges have left many questions unanswered and have allowed substantial uncertainty to remain regarding the interpretation and application of the standard

Nontaxpayer Suits: Seeking Injunctive And Declaratory Relief Against Irs Administrative Action, John A. Lynch

Akron Law Review

Who should be entitled to challenge Internal Revenue Service (IRS) tax policy decision making? Should the concerned citizen or the aggrieved competitor of a company receiving favorable treatment from the IRS be precluded from seeking review of allegedly illegal action when his own taxes are not specifically involved? ...

It is clear from an analysis of recent decisions that several federal courts have been unwilling to accept the proposition that the Anti-Injunction Act and the Declaratory Judgment Act exception insulate the IRS from judicial scrutiny even when judicial intervention would pose no threat to federal revenues. An analysis of the …

Occupational Safety And Health Act, Industrial Union V. American Petroleum Institute, Patrick M. Vitone

Akron Law Review

The Occupational Safety and Health Administration [hereinafter cited as OSHA] was created pursuant to Title 29 of the United States Code, to define the terms of this battle. In Industrial Union v. American Petroleum Institute, the federal judiciary has taken a hand at making these terms somewhat more clear. It is the object of this casenote to analyze the impact of the Industrial Union decision on the regulatory processes of OSHA, a task which involves a synthesis of the plurality, concurring and dissenting opinions.

Judicial Review Of An Administrative Agency Rescission: Motor Vehicle Manufacturers Association V. State Farm Mutal Automobile Insurance Company, Margot F. Reagan

Akron Law Review

This casenote will summarize the legislative and political history of Standard 208. The casenote will then analyze the Supreme Court's recent decision in Motor Vehicle Manufacturers Association v. State Farm Mutual. It will conclude by considering the judicial review of administrative rulemaking and how the Court's decision will affect such review in the area of rescission of an agency action.

The Constitutionality Of State-Passed Congressional Term Limits, Martin E. Latz

Akron Law Review

In Part I, this article explores the underlying policy debate surrounding this issue. Our Founding Fathers debated variations of these arguments in the Constitutional Convention. Academics and political columnists are currently tackling this issue in the popular press. Part II examines the debate over whether to allocate the power to limit congressional terms to each individual state instead of to the federal government (through a constitutional amendment or federal law). Part III investigates potential constitutional challenges based on the qualification and election clauses in the Constitution. Finally, Part IV addresses possible first amendment free speech and fourteenth amendment equal protection …

The Beginning Of Development Of Legal Regulations Of Competition In Russia, Marina P. Bardina J.D.

Akron Law Review

Analyzing the legal regulation of the activity in the commodities markets, required by the Law, we begin with an examination of provisions on prevention, restriction and prohibition of monopolistic activity. Monopolistic activity is defined by the Law as action or inaction of business entities or state bodies, that contradict the Law and are directed at barring, restricting or distorting competition and/or causing losses to the consumers

Redrafting Ohio's Advance Directive Laws, Susan R. Martyn, James E. Reagan, Brendan Minogue, Debra L. Dippel, Maria R. Schimer, Robert Taraszewski

Akron Law Review

The Bioethics Network of Ohio (BENO) held its second annual conference on June 12, 1992 at Ohio Dominican College, Columbus, Ohio. Attendees recommended that a Task Force' review Ohio's Durable Power of Attorney for Health Care (DPAHC) and Modified Uniform Rights for the Terminally Ill (MURTIA) laws and suggest changes that would retain the basic structure of these provisions but also simplify and clarify their meaning. The Task Force completed a draft in six months and circulated it to approximately 450 individual and institutional BENO members. About one hundred members responded and this article incorporates most of their comments.

Staffing National Health Care Reform: A Role For Advanced Practice Nurses, Linda H. Aiken, William M. Sage

Akron Law Review

Expanding access and coverage while containing costs can only be accomplished by getting more health care value for our money. Two facts about our current system make this seem possible. First, the currently uninsured are not costless. Providing stop-gap health care to those who lack health insurance is extremely expensive -- people without formal coverage cannot afford preventive services, delay treatment of illness and face substantial barriers to reaching appropriate providers. When they receive care, it is often degrading, usually complicated and costly, and more than occasionally too late. The cost of this "uncompensated" care is borne by all of …

Desperately Seeking Status: Same-Sex Couples Battle For Employment-Linked Benefits, Sue Nussbaum Averill

Akron Law Review

This Comment will focus on the battles that gay and lesbian workers face in their attempts to attain benefit parity in the workplace and how these battles are linked to the fact that their relationships lack legal status. Part I will discuss recent judicial decisions on the issue of employment-linked benefit availability to the same-sex partners of gay and lesbian employees. Part II will review two recent decisions, which although unrelated to employment, may have set the stage for a legal redefinition of the family, and may provide a means by which same-sex couples could attain the legal status required …

A Triptych Of Regulators: A New Perspective On The Administrative State, Yair Sagy

Akron Law Review

In combining past and present perspectives, this Article makes an important contribution to the literature: by isolating the three general prototypes pervading the literature, it introduces a greater degree of theoretical precision to the understanding of public regulation, and goes on to demonstrate how current regulatory schemes can be better understood using the triad of prototypes. This Article also suggests why we can expect these types to persist in future public regulation. At the same time, this Article joins and contributes to the study of the intellectual history of U.S. regulation by identifying deep undercurrents running throughout that history.

Franchisees In A Fringe Banking World: Striking The Balance Between Entrepreneurial Autonomy And Consumer Protection, Robert W. Emerson

Akron Law Review

This Article considers fringe banking issues—the gaps or problems in service for both individuals and businesses when the usual banking channels are impractical or even unavailable. Some people may only have recourse to the robust, but often very expensive and less protected, financial products sold for what is, or is supposed to be, a very shortterm basis. The Article first examines the fringe banking world, but ultimately considers whether and how consumer protections are needed for franchisees. Small businesses, including franchisees, are often the forgotten players in the fringe economy. If a franchise actually engages in selling fringe banking products, …