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Articles 31 - 60 of 94
Full-Text Articles in Law
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Cleveland State Law Review
Whichever of these two possibilities prevails, both possibilities require the courts to perform essentially legislative functions regardless, in other words, of whether public ecological resources receive insufficient or ample protection from private enterprise that wants to consume them. The traditional Takings Clause precedents, on the other hand, would give public ecological resources and private property ample protection with minimum judicial oversight. The traditional position seems preferable for this reason.
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Cleveland State Law Review
This note is concerned with the question currently facing the courts: once an embryo is frozen, what should become of it in a dispute over what should happen to it, and who has the right to make that decision? In addressing this question, this note will first establish the process through which frozen embryos are created, and the resulting dilemma of definitional problems among the medical and legal professions. Next the article will survey the current state of the law to discover how prenatal beings have been treated traditionally, how this should affect frozen embryo disposition, and how trends are …
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
Cleveland State Law Review
An individual's identity is comprised of many different characteristics. The law has historically recognized the existence of a property right in certain characteristics of an individual, such as name and likeness. This recognition was premised on the idea that these characteristics comprise the essence of a person's identity and therefore, should be protected against appropriation by others. A problem in this area, however, has been the confusion among property, privacy, and publicity rights. Each of these rights touches the area of personal characteristics; however, the focus of each right is on a distinct area. The confusion between these rights has …
How To Do A Perpetuities Problem, John Makdisi
How To Do A Perpetuities Problem, John Makdisi
Cleveland State Law Review
The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …
Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan
Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan
Cleveland State Law Review
The "gentle readers" may be surprised by the analogy suggested between the reform of landlord-tenant law and the experience of Alice and the Queen. However, the events surrounding the enactment of Amended Substitute Senate Bill 103 were as perplexing as those in Lewis Carroll's story. Those opposing real reform, principally the real estate industry, were successful in weakening the proposed legislation. Consequently, the primary goal of the sponsors of landlord-tenant legislation in Ohio was not met by the legislation finally enacted. As this Article will demonstrate, the interpretation of the Act by the courts of Ohio has proven true the …
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Cleveland State Law Review
Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …
Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn
Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn
Cleveland State Law Review
This Note will trace the evolution of access-to-sunlight issues and the enactment of new laws in the solar-access area, with primary focus on Ohio's treatment of the issues. A brief historical review will be included as well as data relating to the feasibility of using solar energy in Ohio. A critical analysis of the recent Ohio Solar Easement Statute also will be presented. Solar statutes and case law of other states and policies of the federal government and foreign governments will be scrutinized. These findings will be examined in an attempt to forecast whether Ohio should adopt or reject various …
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Cleveland State Law Review
The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
Cleveland State Law Review
This Note will analyze the current state of real property tax law in Ohio and its relationship to H.B. 920. The tax reform provision of H.B. 920 will be separately analyzed from both the historical perspective surrounding its passage and the technical perspective of its mathematical calculations. A further analysis of the relationship between taxation by uniform rule under Article XII, § 2 of the Ohio Constitution will be undertaken. The conclusion will focus on a constitutionally valid solution to the problem of property tax reform while, at the same time, noting several essential and unusual questions.
Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus
Cultural Resource Preservation In Ohio: The Development Of Federal And State Law, Mary Ann Bagus
Cleveland State Law Review
This note will examine the legal protection afforded to cultural resources located in the state of Ohio. It will begin with a brief description of the nature of cultural resources, the dangers confronting them and the resulting efforts to protect them through appropriate legislation. The changing concepts of cultural resources and their social values will be considered in a statutory context. The development of federal preservation law will be traced from the turn of the century to the present with emphasis on the diverse approaches employed by Congress. This discussion will demonstrate that a comprehensive body of federal legislation has …
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Residential Renewal Leases And The Ohio Statute Of Conveyances: Invalidation And Subsequent Treatment, Craig S. Bonnell
Cleveland State Law Review
The Ohio Revised Code, in the section referred to as the statute of conveyances, mandates, inter alia, that all leases of any interest in real property shall be signed by the lessor, attested to by two witnesses, and bear a certificate of acknowledgement subscribed to by a proper authority. Exempted from the operation of the statute are leases for a period of less than three years. Thus, all leases in Ohio, even the typical form lease for a residential apartment building, must comport with the formal requirements of the statute of conveyances if they convey a term of three or …
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Real Estate Tax Shelters: How To Tell A Good Deal From A Bad Deal, Marvin Kelner
Real Estate Tax Shelters: How To Tell A Good Deal From A Bad Deal, Marvin Kelner
Cleveland State Law Review
That the purpose of these comments is to impart basic knowledge to the legal or financial advisor who is asked to render advice to his (or her) client (who is assumed to be in at least the 50 percent marginal income tax bracket) on whether to invest in a particular real estate tax shelter syndication. Hopefully, this article will enable such an advisor to give an informed opinion regarding the investment without holding himself out as an expert in real estate tax shelters. The following are my views with respect to important standards against which one can test the desirability …
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Real Property: For Connoisseurs Of The Preposterous - When Is It A Capital Asset, Michael S. Weiner
Cleveland State Law Review
The tax approach to profit realized from the sale or exchange of real property involves a complex determination of whether it is to be treated as ordinary income or a capital gain. This problem has plagued the practitioner for more than fifty years, and has produced a voluminous body of case law. Developments in recent years have resulted in some clarification, yet to a certain extent, decisions have merely complicated what was already complex.
Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller
Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller
Cleveland State Law Review
The Ohio Marketable Title Act became effective on September 29, 1961. The purpose of the Act is to simplify and facilitate land title transactions. This is accomplished by allowing the title examiner to search the record for title defects for only a specified period of years back in time; all claims prior to that period are extinguished. The period of time in Ohio is forty years. Therefore, if a person has a record chain of title for forty years, then any conflicting claims based upon any title transactions prior to that forty year period are extinguished. The basic concept is …
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra
Cleveland State Law Review
With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability …
Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii
Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii
Cleveland State Law Review
The thrust of this note is to probe that "natural right" as affected by the extended navigation season proposal. The basic conflict is one of competing rights and interests. On the one hand is a group of private citizens claiming a private right in the traditional use of the ice in its natural condition. On the other hand are those arguing in favor of the economic desirability of opening a vast, commercially rich region to year-round waterborne accessibility. In other words, there is a clash between conflicting private regional interests, and public national interests. It is the author's contention that …
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …
Visitors' Refusal To Leave Premises, Joseph Gibson
Visitors' Refusal To Leave Premises, Joseph Gibson
Cleveland State Law Review
Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo
Cleveland State Law Review
The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Registration-Of-Land-Titles Act: The Ohio Torrens Law, Leona M. Hudak
Cleveland State Law Review
The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as "the Torrens Law" 2 or "the land registration law" 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, …
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Implied Warranty Of Habitability In Leases, Ira O. Kane
Implied Warranty Of Habitability In Leases, Ira O. Kane
Cleveland State Law Review
This paper will discuss (and take issue with) the position of a significant number of American courts which have held that there is no warranty of habitability implied in a lease. It will demonstrate the failure of many courts in this country to improve the common law rule, which has proven unrealistic in light of current legislative housing standards and building codes.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Compulsory Home Repair Laws, Maynard L. Graft Jr.
Cleveland State Law Review
In recent years legislative bodies at various levels of government have recognized the need for legally requiring the maintenance of housing at certain minimum standards. Such regulation has been deemed necessary because of the deterioration experienced by practically every major city in America. This deterioration causes a downward spiral usually resulting in complete blight in the deteriorating area. The first step toward blight is slight deterioration followed by neglect of repairs by owners and landlords (the latter neglect is an attempt to maintain a high return on investment, the former because of loss of faith in the quality of the …
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Duty To Light Exterior Of Premises, Ralph J. Rosenthal
Cleveland State Law Review
This paper will discuss the impact of lighting upon crime and crime prevention; and propose that there be recognized a general common law duty upon landowners to exercise reasonable care to maintain the means of ingress and egress to their property, over which they retain control, adequately lighted; and be liable for personal injuries due to inadequate lighting. For the purposes of this paper, distinctions among the various classes of entrants upon land, i.e., trespassers, licensees, invitees, etc., will not be considered as material. In part it is beyond the scope of this paper, and in part it is due …
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Real Estate Brokerage: In A Nutshell, Edward T. Haggins
Cleveland State Law Review
There are usually three parties to a real estate transaction; a seller, a buyer, and a real estate broker. The real estate broker is the middleman whose duty is to bring the buyer and the seller together. Ordinarily the real estate broker represents the vendor in that he has usually signed a listing contract to sell the vendor's home. The broker plays a significant role in the sale of property. It is he who guides the sale from beginning to end. Without the services of a real estate broker, most sales would never materialize. In order to understand the importance …
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Hidden Risks In Real Estate Title Transactions, Sherman Hollander
Cleveland State Law Review
No amount of care can avoid certain of the title hazards which a real estate transaction may encounter. The most careful attorney can do little or nothing, in such situations, to sidestep the pitfalls. In at least some such cases the legislature could provide relief by reducing the risk to innocent parties. To do so requires perceptive review of some timehonored concepts. A number of types of other problems exist where a careful attorney may reduce the risk faced by his client. Even here perhaps the legislature could consider statutory improvements. It would be more fair and equitable if extraordinary …