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Articles 1 - 28 of 28
Full-Text Articles in Law
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
The Deterrent Effect Of The Death Penalty For Murder In Ohio: A Time-Series Analysis, William C. Bailey
Cleveland State Law Review
One thing is abundantly clear from the analysis reported in this article: if Ohio is to reinstate capital punishment, its justification will have to be based upon grounds other than the deterrent effect of the death penalty for murder. Notwithstanding the opinion of some members of the United States Supreme Court, and possibly a majority of the Ohio House and Senate, the present analysis of Ohio's experience with capital punishment provides no justification for reinstating the death penalty as an effective means of dealing with the state's murder problem.
The Law Of Interspousal Immunity In Ohio, James L. Deese
The Law Of Interspousal Immunity In Ohio, James L. Deese
Cleveland State Law Review
The purpose of this note will be to discuss Ohio's current position on interspousal immunity as well as the problems that are created by the retention of that doctrine.
Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros
Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros
Cleveland State Law Review
Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …
Public Process And Ohio Supreme Court Rulemaking, Jeffrey A. Parness, Christopher C. Manthey
Public Process And Ohio Supreme Court Rulemaking, Jeffrey A. Parness, Christopher C. Manthey
Cleveland State Law Review
While court created rules, in terms of their impact on society, are often as important as judicial decisions or legislative acts, they are relatively unknown to the general public. Further, there is often no public input prior to their adoption. Rather, court rules are often promulgated with no opportunity for general public discussion. Judge Jack B. Weinstein recently called attention to such a lack of "public process" in federal court rulemaking and expressed the hope that others will "speak out so that the matter can be thoroughly debated." On the state level this factor is absent from most rulemaking promulgated …
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Some Thoughts On Judicial Authority To Repair Unconstitutional Legislation, Ruth Bader Ginsburg
Cleveland State Law Review
Among governing institutions, the judiciary has been described as "the least dangerous branch."' Courts in our system have the awesome power to declare laws unconstitutional, but judges command no troops, and are said to lack the power of the purse. My remarks address a facet of the purse power supposition: When a legislative product is constitutionally infirm because it is under inclusive, what remedies lie within the judicial province? Discussion will focus on the question whether a court may order inclusion of a category of persons left out by the legislature, a question particularly pointed when the court's inclusion order …
State Court Intervention In School Finance Reform, Annette B. Johnson
State Court Intervention In School Finance Reform, Annette B. Johnson
Cleveland State Law Review
This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Cleveland State Law Review
This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …
Accumulated Earnings Tax And Stock Redemptions - Further Thoughts On The Reasonable Business Needs Test, Michael S. Weiner, Bruce M. Graham Jr.
Accumulated Earnings Tax And Stock Redemptions - Further Thoughts On The Reasonable Business Needs Test, Michael S. Weiner, Bruce M. Graham Jr.
Cleveland State Law Review
Few penalty taxes have been imposed with the frequency of the tax on unreasonable accumulations of corporate earnings and profits. Any corporation "formed or availed of for the purpose of avoiding income tax with respect to its shareholders by permitting earnings and profits to accumulate instead of being divided or distributed" is subject to the tax. However, the tax is not properly imposed where the accumulations are for the reasonable business needs of the corporation. Accordingly, the question of what constitutes reasonable business needs is critical. This article considers one aspect of the reasonable business needs question: Under what circumstances …
Ohio Residency Law For Student Voters - Its Implications And A Proposal For More Effective Implementation Of Residency Statutes , Jonathan D. Reiff
Ohio Residency Law For Student Voters - Its Implications And A Proposal For More Effective Implementation Of Residency Statutes , Jonathan D. Reiff
Cleveland State Law Review
The task is to evaluate the traditional common law tests of domicile, many of which are outmoded, and to select those which are compatible with the new constitutional requirements of real fairness and equality in order to lay a firm foundation for the accomplishment of the original purposes of residency law in the modern world. Furthermore, the theoretical problems involved -constitutional exposition, common law analysis, statutory construction, and governmental policy- need to be synthesized into a system that is easily implemented by the Secretary of State, easily applied by local boards of election, and finally, easily understood by all new …
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Cleveland State Law Review
This note will address some of the issues involved when communities propose to use the zoning power to limit the exercise of the constitutionally protected abortion decision, focusing on abortion clinic regulations in Cleveland, Ohio, and comparing them to ordinances in three other cities.
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Equality Between The Sexes In The 1980'S, Nancy S. Erickson
Cleveland State Law Review
Any discussion of equality under the law must necessarily revolve around the equal protection clause. Therefore, this discussion will indicate first where equal protection analysis has succeeded ineffectively dealing with sex discrimination and the significance of the judicial policy behind these successes. Secondly, the failures of the equal protection clause will be examined with specific attention to the five methods in which the equal protection clause has failed to eliminate laws discriminating on the basis of sex. Finally, the failures of the equal protection clause will be illustrated as starting points for work in the area of sexual equality in …
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Defining Market Under The Clayton Act: Consideration Of Technological Capacity, Carol Szczepanik
Cleveland State Law Review
This article will discuss technological capacity, an economic consideration to which some courts seem to give insubstantial consideration in challenges to section 7 of the Clayton Act. If courts consistently evaluated evidence of technological capacity, section 7 could be more effective in prohibiting mergers that have the effect of lessening competition in an economically significant market.
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell
Cleveland State Law Review
At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.
Misprision Of Antitrust Felony, Robert J. Hoerner
Misprision Of Antitrust Felony, Robert J. Hoerner
Cleveland State Law Review
When an attorney discovers clear evidence that his corporate client has committed an antitrust felony, he and his client are immediately confronted with an interrelated tangle of extraordinarily difficult questions. There has been much concern over these questions, particularly since violation of sections 1, 2 and 3 of the Sherman Act became indictable as felonies on December 21, 1974. Little has been written, however, on the misprision issue. Antitrust practitioners are not ordinarily trained in the contours of 18 U.S.C. § 4, the federal misprision statute. Our criminal practice is typically in rarified and antiseptic economic fields, and does not …
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Industrial Democracy: America's Unfulfilled Promise, Clyde W. Summers
Cleveland State Law Review
We have relied so completely on collective bargaining that we have given almost no thought to other ways of moving toward the goal of industrial democracy. Indeed, there is almost an instinctive reaction to any suggestions of alternatives. We must now face the unwelcome fact that collective bargaining is incomplete, and we must fill the places it has not reached. This article has presents not so much proposals to be adopted, but possibilities to be explored. The purpose here is not to reach conclusions, but to urge a beginning.
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc
Cleveland State Law Review
The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …
Controlling Firearms, John Kaplan
Controlling Firearms, John Kaplan
Cleveland State Law Review
One may ask why I am beginning a lecture entitled "Controlling Firearms" with analogies between drugs and alcohol. The reason is simple: I propose to draw an analogy between drugs and firearms. Part of the reason for this is that I have worked in the drug area for over a decade while my interest in guns is much more recent. In addition, the similarities in the way we discourse about drug control and about firearms control are striking. Finally, and most important, the issues with which we grapple in the drug control area may, on examination, turn out to be …
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Analysis Of The Ftc Line Of Business And Corporate Patterns Reports Litigation, Douglas P. Whipple
Cleveland State Law Review
Under the auspices of the information gathering authority granted to the Federal Trade Commission (FTC) by the Federal Trade Commission Act, the Commission has developed two corporate report programs entitled "The Line of Business [LB] Report Program" and "The Corporate Patterns Report [CPR] Program." These broad-based statistical surveys solicit from domestic corporations information on financial performance, value of shipments, net manufacturing activities, and significant acquisitions and disposals. The LB and CPR survey orders were issued to hundreds of corporations, mostly giant conglomerates. Predictably, the corporations resisted the report requirements. The inevitable result of this dispute over the LB and CPR …
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Cleveland State Law Review
Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cleveland State Law Review
Cross-certification is the process by which a teacher seeks to satisfy the statutory requirements of tenure by relying on a professional, permanent, or life certificate in a field other than the field in which the teacher is employed. The Ohio Revised Code does not directly address the question of whether a teacher can cross-certify to obtain tenure. The appellate courts of Ohio are evenly divided on the question of whether cross-certification is statutorily permissible: three decisions have concluded that it is permissible, and three have concluded that it is not. This note will examine the decisions and statutes which pertain …
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.
Union Representation At Investigatory Interviews: The Subsequent Development Of Weingarten, Kathy A. Wireman
Union Representation At Investigatory Interviews: The Subsequent Development Of Weingarten, Kathy A. Wireman
Cleveland State Law Review
NLRB v. J. Weingarten, Inc. represented a major breakthrough in the area of employee due process rights by establishing the basic framework of the right to representation. However, many questions remain unresolved as to exact parameters of this right. The undetermined issues involved such matters as invocation of the right, waiver, duty of fair representation, the scope of the employer's responsibility, the role of the union, and extension of the right to employees not represented by a union. Some of these questions have been dealt with by the National Labor Relations Board (hereinafter the Board), the courts, and arbitrators. This …