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Articles 31 - 60 of 98
Full-Text Articles in Law
Obscenity Law In Ohio, Richard H. Harris
Obscenity Law In Ohio, Richard H. Harris
Akron Law Review
Ohio's new obscenity statutes enacted in 1972 and made effective on January 1, 1974 are interesting to examine in light of recent Supreme Court holdings. The changes made in Ohio's obscenity statutes over the years reflect the Supreme Court's guidelines in varying degrees. Before looking at some of these recent statutes, as well as the present one in effect today, it is necessary to review the major Supreme Court decisions which have set these guidelines.
Savings And Loan Service Corporations: Regulations In Ohio, Ronald E. Alexander
Savings And Loan Service Corporations: Regulations In Ohio, Ronald E. Alexander
Akron Law Review
The purpose of this article is to examine Ohio's scheme for regulating service corporations. This examination includes the history of service corporation regulation in Ohio, the scope of permissible business activities of these corporations, investment limitations for parent savings associations and the supervisory authority of the Ohio Division of Building and Loan Associations [Division]. Perhaps this article will also provide a useful vehicle for judging whether the risks perceived by the GAO and FHLBB can arise from a single state's regulatory scheme for service corporations. It must be remembered that any such risks inherent in Ohio's scheme threaten not only …
Local Rules Of Court, J. Patrick Browne
Local Rules Of Court, J. Patrick Browne
Akron Law Review
In the vast majority of cases, the Ohio Rules of Civil Procedure will be the primary source of authority governing the practice and procedure to be followed. But in some instances, the primary source of authority will be statutory, and the applicable sections of the Ohio Revised Code may or may not be supplemented by the Ohio Rules of Civil Procedure.
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan
Akron Law Review
The purpose of this article is to examine prior inconsistent statements of opinion and point out why their exclusion, when offered to impeach, is improper. Ohio's three leading cases on this point will serve to exemplify the improper characterization and exclusion of these statements.
Developments In Ohio Savings And Loan Law: 1980, Ronald E. Alexander
Developments In Ohio Savings And Loan Law: 1980, Ronald E. Alexander
Akron Law Review
This 1981 edition of the Akron Law Review has continued to fulfill the objectives of that first editorial board in 1978: to both provide a forum for professional and student work that explores the legal regimes which impact upon savings associations and to make a continuing contribution to the body of savings and loan law literature that is surely needed by the practicing attorneys who serve as counsel for savings associations.
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman
Akron Law Review
Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws …
An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow
An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow
Akron Law Review
Ohio sanctioned condominiums in 1963 by enacting the Condominium Property Act. The act addresses five issues: (1) the creation of the condominium form of ownership; (2) the respective interests each unit owner possesses in the common area; (3) the administration of the condominium; (4) the rights of the lienors; and, (5) the removal of the property from the Act's provisions. The Act was amended in 1978 to facilitate consumer protection. This comment will examine the 1978 amendment and evaluate its effectiveness. It will then examine the tax considerations involved in the purchase of a condominium unit.
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
Akron Law Review
In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.
The Courtroom Status Of The Polygraph, John A. Turlik
The Courtroom Status Of The Polygraph, John A. Turlik
Akron Law Review
This comment will inform the reader of the status and various uses of the polygraph available to the criminal attorney, with an emphasis on Ohio law.
Municipal Annexation In Ohio, Howard S. Essner
Municipal Annexation In Ohio, Howard S. Essner
Akron Law Review
The adoption of aggressive municipal annexation programs by many cities in Ohio has often resulted in controversy. This is especially true in the City of Akron where recent attempts to annex large sections of neighboring townships have met with strong resistance from residents. The animosity created by this issue has made cooperation between the city and the townships virtually impossible, resulting in both an ineffective government and an inefficient use of resources. To resolve this conflict, the parties have engaged in protracted legal battles which test recent statutory changes in the law of annexation in Ohio. The outcome of these …
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Akron Law Review
Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank
Akron Law Review
Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil
Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil
Akron Law Review
The decision in Baird v. Loeffler is another victory for physicians and medical malpractice insurers. It will not be well accepted by plaintiff's attorneys or by others who advocate the rights of patients, especially minors, to be compensated for injuries sustained by them due to a physician's negligence. The case focuses on an amendment to the Ohio Medical Malpractice Statute which became effective July 28, 1975. The issue in Baird is the proper statutory construction that should be given to the statute where a minor's cause of action arose prior to the effective date of the statute. In effect, the …
Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A), Virginia L. Scigliano
Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A), Virginia L. Scigliano
Akron Law Review
This article will provide an in depth analysis of Rule 3(A). The analysis is divided into four sections. The first section examines the historical development of Rule 3(A) and the problems that developed and exist today. Section two discusses the meanings and specific interpretations given to the language of the rule. The unstated prerequisites of existence and capacity are analyzed in section three. And, in section four, Rule 3(A)'s forgotten defense is discussed and a model is developed for using the defense of failure to commence.
The Ohio "Sunshine" Act: An Appraisal, Frederic White
The Ohio "Sunshine" Act: An Appraisal, Frederic White
Akron Law Review
T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.
Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals, Jeffrey A. Parness, Jack E. Reagle
Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals, Jeffrey A. Parness, Jack E. Reagle
Akron Law Review
This article will review, and comment upon, some of the techniques available to the Ohio appeals courts. The task of preparing this article was facilitated greatly by the many Ohio appeals court judges who responded to a survey letter, reproduced in the appendix, sent by the authors in the Summer of 1981. The results of this survey are incorporated in the following pages, though we are confident they do not represent the judges' last words. To promote further dialogue, we have deleted references to the names of the particular judges whose remarks are noted, and have instead assigned each judge …
Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold
Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold
Akron Law Review
In 1961 the Ohio General Assembly enacted Chapter 1785 of the Ohio Revised Code authorizing the creation of professional associations. This legislation was deficient when enacted. Yet, despite criticism of the act and adequate opportunity, the Ohio Legislature has failed to reform this chapter of the Revised Code. This article will look at some of the background out of which the Ohio professional association legislation arose and at the substance and deficiencies of that legislation. Comments will be made on how the proposed Ohio Professional Corporation Act, promulgated in 1979 by the Corporation Law Committee of the Ohio Bar Association, …
Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff
Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff
Akron Law Review
At the beginning of the twentieth century, the process of popular legislation through the use of initiative and referendum measures gained popularity in the United States. It was during this period that twelve states, including Ohio, adopted the measures of initiative and referendum. Theodore Roosevelt advocated the adoption of these measures at the Ohio Constitutional Convention of 1912 where the Ohio legislature enacted provisions for the use of these methods of popular legislation.
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross
Akron Law Review
At a time when the future of the American economy appears bleak, and the necessity to curtail vital urban services becomes commonplace in our cities, the significance of the decision rendered by the Ohio Court of Appeals for Columbiana County in Atwood v. Judge' deserves to be noted. The tension between the public interest in maintaining vital services within the community and the state mandate' that a city operate within its budget is not satisfactorily resolved by the court.
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Akron Law Review
The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.
Tortious Liability For Bad Faith Refusal To Pay, Jeffrey Schobert
Tortious Liability For Bad Faith Refusal To Pay, Jeffrey Schobert
Akron Law Review
In Hoskins v. Aetna Life Ins. Co., the Ohio Supreme Court imposed on insurers a good faith duty in any refusal to pay claims made by their insured. Its decision placed Ohio among a growing number of jurisdictions that have recognized this good faith duty. The court adopted its rationale by relying heavily on existing insurance case law in the refusal-to-settle third-party claims type actions. The court defined the standard of good faith in terms of a reasonable justification by the insurer in refusing to pay a claim "because it believed there was no coverage of the claim." The …
Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer
Judicial Application Of Ohio's Comparative Negligence Statute, Michael J. Olah, Paul F. Meyerhoefer
Akron Law Review
In the case of Wilfong v. Batdorf the Ohio Supreme Court reexamined the issue of the retroactive application of Ohio's comparative negligence statute. Ohio's statute abolishing the defense of contributory negligence in a tort action was passed with an effective date of June 20, 1980, and the court faced the task of deciding whether comparative fault measurements could be used in an action arising prior to the effective date of the statute, but not coming to trial until after the effective date of the act. Previously the court had the opportunity to examine this issue in the case of Viers …
Public Sector Collectice Bargaining In Ohio: Before And After Senate Bill No. 133, Steven B. Chesler, Shawn E. Smith
Public Sector Collectice Bargaining In Ohio: Before And After Senate Bill No. 133, Steven B. Chesler, Shawn E. Smith
Akron Law Review
When 1983 ushered in a new administration more sensitive to the glaring absence of such legislation, the passage of a comprehensive public employees' collective bargaining law was clearly imminent. This article will examine the inadequacies of Ohio's law prior to the enactment of Senate Bill No. 133; summarize the provisions of this new statute; and note its impact on public employees and their employee organizations.
Capital Punishment Of Children In Ohio: "They'd Never Send A Boy Of Seventeen To The Chair In Ohio, Would They?", Victor L. Streib
Capital Punishment Of Children In Ohio: "They'd Never Send A Boy Of Seventeen To The Chair In Ohio, Would They?", Victor L. Streib
Akron Law Review
This article presents first an overview of the national legal environment and actual executions in American history and then a focused, in-depth analysis of Ohio as a reasonably representative American jurisdiction. Each of the nineteen verified and documented Ohio cases are examined in some detail to determine, so far as is possible, the reasons they were selected for capital punishment. The cases are discussed within the context of the legal environment existing at the time they were decided.
Parent-Child Tort Immunity Law In Ohio, Jeffrey L. Hall
Parent-Child Tort Immunity Law In Ohio, Jeffrey L. Hall
Akron Law Review
In light of the abrupt change in Ohio concerning the parental immunity doctrine, this comment will examine the historical justifications for the doctrine, with an extended discussion of the Ohio experience with the immunity prior to its change in Kirchner. This comment also analyzes the present Ohio position, contrasting it with the approaches of other states, and cautions against the increasing use of family exclusion clauses in liability insurance policies which have the practical effect of retaining the immunity where the court has abrogated it.
The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad
The True Story Of Lawyer Discipline In Ohio: 1967-1983, Stanley A. Samad
Akron Law Review
Ohio is pointed out as among a small minority of states (three) that "still uses procedures identified in the Clark Report . . . as fostering abuse." Although overdrawn, their criticism is not unfair, if the Clark Report's recommendations and the ABA Standards are accepted as norms. For, the investigative and prosecutorial ("relatorship") functions are highly decentralized in Ohio. Moreover, Ohio differs markedly from the ABA Standards with regard to several fundamental conceptions of sanctions, namely in Ohio's "permanent disbarment," irrevocable voluntary resignation, and "indefinite suspension." Further, Ohio has failed to avail itself of several other useful sanctions that help …
Civil Servant Employee Disciplinary Proceedings: A Comparative Analysis And Recommendations For A Uniform Statute, Carlos J. Cuevas, Leonard M. Baynes
Civil Servant Employee Disciplinary Proceedings: A Comparative Analysis And Recommendations For A Uniform Statute, Carlos J. Cuevas, Leonard M. Baynes
Akron Law Review
The purpose of this article is to analyze the disciplinary proceedings for non-probationary civil servants on the state and federal level. The article will focus on the procedures adopted by the states of California, Illinois, and New York, and the Federal statutes and regulations. Furthermore, recommendations will be offered to establish a model statute regulating the procedural aspects of employee disciplinary proceedings.
Refereeing The Referees: The Continuing Procedural Muddle In Cases Of General Reference Pursuant To Ohio Rule Of Civil Procedure 53, Richard P. Perna
Refereeing The Referees: The Continuing Procedural Muddle In Cases Of General Reference Pursuant To Ohio Rule Of Civil Procedure 53, Richard P. Perna
Akron Law Review
The judicial reference device set out in Rule 53 of the Ohio Rules of Civil Procedure was touted in 1974 as a procedure capable of relieving the "problem of justice delayed" by "easing the increasing judicial burden" on a besieged judiciary." While judicial reference is certainly no panacea for the problem (if numbers alone are a valid indicator), it is difficult to refute claims that the reference device contributes to a more efficient and speedy administration of justice.
In Re Barzak: Access To Children Services Board Files, David Hazelkorn
In Re Barzak: Access To Children Services Board Files, David Hazelkorn
Akron Law Review
In the recent court decision, In re Barzak, the Trumbull County Court of Appeals ruled that parents in child abuse, neglect, or dependency proceedings have a right of reasonable access to Children Services Board investigation files. While this was a case of first impression in Ohio, it puts state law in line with that of other jurisdictions.