Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-15


Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-40


Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-43 (Mandatory Pooling Order)


Appeal No. 0721: Eric Heinselman V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Mar 2004

Appeal No. 0721: Eric Heinselman V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-54


Appeal No. 0730: L.B.J. Drilling Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Mar 2004

Appeal No. 0730: L.B.J. Drilling Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-90


Appeal No. 0731: Brian Mccort V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Mar 2004

Appeal No. 0731: Brian Mccort V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-96


Appeal No. 0718: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2004

Appeal No. 0718: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-26 and Chief's Order 2003-47


Appeal No. 0728: Robert W. Barr, Dba Big Sky Petroleum V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2004

Appeal No. 0728: Robert W. Barr, Dba Big Sky Petroleum V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-69


Appeal No. 0725: Georgetown Oil Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2004

Appeal No. 0725: Georgetown Oil Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-62


Appeal No. 0713: Gemini Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2004

Appeal No. 0713: Gemini Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-67


Appeal No. 0719: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2004

Appeal No. 0719: Poston Operating Co., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-26 and Chief's Order 2003-47


The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel Jan 2004

The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel

Cleveland State Law Review

In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …


Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush Jan 2004

Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush

Cleveland State Law Review

The goal of this Article is to provide a basic framework from which to begin a separation of powers analysis under the Ohio Constitution. In addition, this Article offers some insights into how a separation of powers controversy should be dissected and suggests some directions that Ohio courts should take in the future. Part I of this Article presents useful background information on the separation of powers doctrine, including its origin, its treatment in the Ohio Constitution, predominant theories of analysis, and relevant Ohio cases. Part II (A) hypothesizes a general approach with which to begin a separation of powers …


Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade Jan 2004

Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade

Cleveland State Law Review

This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.


School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii Jan 2004

School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii

St. Mary's Law Journal

The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …


The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams Jan 2004

The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams

Cleveland State Law Review

There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …


Constitutional Common School, Molly O'Brien, Amanda Woodrum Jan 2004

Constitutional Common School, Molly O'Brien, Amanda Woodrum

Cleveland State Law Review

In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …


Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven Jan 2004

Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven

Cleveland State Law Review

This article will examine municipal ordinances criminalizing the emission of sound from car stereo systems in excess of proscribed limits, including the methods adopted to measure offending sound and the penalties imposed for violations, the Ohio (and certain non-Ohio) cases which have challenged the constitutionality of such ordinances, and certain constitutional aspects of such ordinances and their enforcement which have yet to be addressed.