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Articles 1 - 30 of 31
Full-Text Articles in Law
Rules Of Criminal Procedure: The Background Of Draftsmanship, James G. France
Rules Of Criminal Procedure: The Background Of Draftsmanship, James G. France
Cleveland State Law Review
While Ohio’s Rules of Criminal Procedure, effective July 1, 1973, are entirely new to the criminal law practitioners, it is not the purpose of this article to point out the difference between the present and the past in terms of how a criminal case should be prepared for trial and tried. Rather, the emphasis here is on the background of formulation of the rules in terms of Ohio's experience both in drafting rules and in borrowing and adapting rules from other fields, from other jurisdictions, and sometimes from other generations to achieve what the Chief Justice of the Supreme Court …
Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann
Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann
Cleveland State Law Review
Dynamic changes have occurred in recent years in the area of prisoners' rights. The antiquated view that prisoners were without any rights - that prisoners were "slave [s] of the State' – has been replaced by the more progressive view that a prisoner retains all rights of an ordinary citizen except those rights expressly or necessarily taken from him by law. As will be seen below, the areas of mail rights and visitation rights have been particularly dynamic. In light of the changing views regarding prisoners' rights, one may wonder what the current Ohio regulations regarding mail and visitation within …
The Expungement Or Restriction Of Arrest Records, Gregory J. Lake
The Expungement Or Restriction Of Arrest Records, Gregory J. Lake
Cleveland State Law Review
Over the past decade, concern has arisen regarding the adverse effects stemming from the misuse of arrest records. Crime cannot be condoned, but once an arrested individual has been exonerated, the arrest record should be expunged and not allowed to remain a "record" to be used against him in the future. The scope of the following analysis will not include conviction records, records of civil cases, or military records of arrest and/or conviction under the Uniform Code of Military Justice though many topics to be discussed will also be relevant to such records. Further, since the juvenile court is not …
United States V. Robinson, Thomas E. Downey Jr., Patrick J. Alcox, Thomas F. Harper, Michael Kieffer
United States V. Robinson, Thomas E. Downey Jr., Patrick J. Alcox, Thomas F. Harper, Michael Kieffer
Cleveland State Law Review
This article provides an overview of fourth amendment litigation that focused on the question of what constitutes an “unreasonable” search. The Supreme Court had previously provided guidance in Terry v. Ohio and Chimel v. California. This article provides a brief overview of these cases, and then it turns to more thoroughly examine the decision in US v. Robinson.
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
The Response To Furman: Can Legislators Breathe Life Back Into Death, Carol Irvin, Howard E. Rose
Cleveland State Law Review
In the eighteen months since the Supreme Court of the United States struck down capital punishment in Furman v. Georgia twenty-three states have reinstated the death penalty. While the Supreme Court has not yet heard arguments concerning the constitutionality of these statutes, their validity will determine the fate of the forty-four persons currently awaiting execution in eight states. It is the purpose of this comment to consider the statutes reinstating capital punishment, in light of Furman.
Product Liability Law Has Come Of Age, Buell Doelle
Product Liability Law Has Come Of Age, Buell Doelle
Cleveland State Law Review
This article draws out the products liability debate and the push for settlements over litigation in court. The article discusses products liability law, and its origin in politics and unions. It also describes the attorney’s role in products liability cases, and suggests how that role should change in the future. The article concludes by looking at no-fault reparation and the adversarial system.
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski
Cleveland State Law Review
Juvenile Court has traditionally been though of, within American jurisprudence, as an appendage of the state acting as parens patriae. This obligation dates back to the ancient role of the sovereign as protector of helpless children. An abundance of case law has con- strued and reinterpreted this doctrine, but none has significantly deviated from the general definition. Therefore, the description given in Black's Law Dictionary that parens patriae refers ". . to the sovereign power of guardianship over persons under disability . . . such as minors . . ." will suffice for the purposes of the ensuing discussion. These …
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Title Vii: An Overview Of Some Common Employer Pitfalls, Thomas C. Schrader
Cleveland State Law Review
Titile VII of the Civil Rights Act of 1964 and other supporting acts and laws have established certain employment rights for the vast majority of employees throughout the United States, and the procedures for enforcing those rights. Substantial efforts have been made by federal and state agencies, as well as minority interest groups, to publicize the laws and their enforcement procedures. In 1974 it can be safely assumed that virtually all employees affected by the equal employment laws are familiar with their rights or, minim- ally, know where to obtain sufficient information to be fully apprised of those rights. Surprisingly, …
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 …
Belle Terre V. Boraas, Stewart Goldstein
Belle Terre V. Boraas, Stewart Goldstein
Cleveland State Law Review
On April 1, 1974, the Supreme Court announced its opinion in the first zoning case of constitutional dimensions that the Court had decided in the last forty-six years. In sustaining the ordinance of the Village of Belle Terre, with its restrictive definition of "family," the Court reaffirmed its respect for the lines drawn by legislatures in the area of zoning and equal protection. The Belle Terre decision reaffirmed the validity of one municipality's mechanism for preserving the style of life of its inhabitants, free from exposure to one element of the counterculture, the voluntary cooperative association of unrelated persons: the …
Book Review, William K. Thomas
Book Review, William K. Thomas
Cleveland State Law Review
Review of Federal Jurisdiction: A General View, Henry J. Friendly, N.Y., London, Columbia University Press, 1973.
Book Review, Samuel Sonenfield
Book Review, Samuel Sonenfield
Cleveland State Law Review
Review of The Jury- Tool of Kings, Palladium of Liberty, LLoyd E. Moore, New York, The H.W. Anderson Co., 1973.
Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin
Surviving Justice: Prisoners' Rights To Be Free From Physical Assault, Robert Plotkin
Cleveland State Law Review
A sentence to prision invovles much more than simple incarceration and its attendant withdrawal of freedom of movement. Indeed, as recent developments indicate, a sentence to confinement in most penal institutions involves a life and death struggle to avoid at tacks, rapes, and brutality from fellow inmates as well as from correctional authorities. ... The National Advisory Commission on Criminal Justice Standards and Goals recognized the problem in recommending a comprehensive model standard which would require correctional officials, the only state authority "in a position to protect inmates, to take protective measures on the inmates' behalf, and to compensate those …
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne
The Demise Of The Declaratory Judgment Action As A Device For Testing The Insurer's Duty To Defend, J. Patrick Browne
Cleveland State Law Review
When a liability insurer defends claims brought against its insured, its interests frequently come in conflict with those of the insured. Over the years, courts and litigants have attempted to alleviate or eliminate this problem by several methods: providing the insured with independent counsel to represent his interests; a declaratory judgment action to test the insurer's duty to defend; direct actions by the injured claimant against the insurance company; and through the imposition on the insurer of an absolute duty to defend with a reserved right to test coverage at a later date. The second of these four methods the …
Antitrust Grand Jury Procedure, Carl Steinhouse
Antitrust Grand Jury Procedure, Carl Steinhouse
Cleveland State Law Review
The typical grand jury antitrust investigation is a laborious process which takes from a minimum of six months to as much as several years to complete. Accordingly, it is an expensive and time consuming process not only to the grand jurors and the government, but also to corporations and other persons under investigation, and the courts. For this reason, antitrust grand jury investigations are not lightly undertaken, and they require specific authorization by the Assistant Attorney General. The process from the inception of the investigation through the return of an indictment is somewhat involved and, in many aspects, unique to …
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Book Review: Executive Privilege: A Constitutional Myth, Bernard Robert Adams
Cleveland State Law Review
Review of Executive Privilege: A Constitutional Myth, Raoul Berger, Cambridge, Harvard University Press, 1974.
Community Property Considerations In Ohio Estate Planning: Expecting The Unexpected, Frank J. Cumberland Jr.
Community Property Considerations In Ohio Estate Planning: Expecting The Unexpected, Frank J. Cumberland Jr.
Cleveland State Law Review
For the lawyer in the community property state, the laws peculiar to community property are familiar ground, having in all probability made up at least a part of the law school curriculum. For the lawyer in the common law state, community property laws are generally something to be read about in the newspaper when the husband or wife of a movie star lands a huge divorce settlement due to the operation of the community property laws in California. But it is quite realistic to state that whether the attorneys in the common law states know it or not, they are …
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 …
Scienter And Rule 10b-5: Development Of A New Standard..., Alan J. Ross, James F. Sealler
Scienter And Rule 10b-5: Development Of A New Standard..., Alan J. Ross, James F. Sealler
Cleveland State Law Review
The Securities and Exchange Act of 1934 has had extensive impact on public awareness of corporate information, and has unquestionably provided substantial protection to the investing public. The anti-fraud provisions of this act, and the regulations promulgated thereunder, engendered a number of issues material to the determination of the standards for violations. Perhaps the most difficult and confusing of these issues has been the concept of scienter.
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Katz And The Fourth Amendment: A Reasonable Expectation Of Privacy Or, A Man's Home Is His Fort, Richard L. Aynes
Cleveland State Law Review
While there are a great many cases and commentaries treating fourth amendment rights, little attention has been given to the circumstances that must exist in order for it to be said that a search and seizure has taken place. The purpose of this note is to explore the issues involved in determining when the conduct of law enforcement officers constitutes a search and seizure. Consideration will be given to Katz v. United States, which established the test to be applied in making this determination; to the application of Katz and its effect upon fourth amendment protections; to alternatives for the …
The Quiet Revolution In The Criminal Law - A Foreword, Jack G. Day
The Quiet Revolution In The Criminal Law - A Foreword, Jack G. Day
Cleveland State Law Review
Given the fundamental importance of procedural due process in criminal law, and conceding the impact of case law developments of the past decade and one-half, the movements manifest in decisional law, while spectacular, have necessarily been piecemeal and have tended to obscure the broad substantive and procedural reforms which have been initiated by that general address possible only through legislation and the rule making processes. Nonetheless, quietly, and almost unnoticed outside a relatively small circle within the legal profession and related disciplines, a seismic reform has been going on. The present symposium is devoted to the description and analysis of …
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Some Legislative History And Comments On Ohio's New Criminal Code , Harry J. Lehman, Alan E. Norris
Cleveland State Law Review
Having briefly outlined the history of the formal development of the Act, it is the purpose of this Article to discuss in narrative form the legislative process on certain key provisions which were the subject of much debate and disagreement. These areas of disagreement include murder and felony penalties, especially minimum sentences; capital punishment to conform to the U.S. Supreme Court's Furman decision as well as other changes; parole eligibility for those serving life sentences for a capital offense; early release on parole, also known as shock parole; eligibility for probation; definition of reasonable doubt and jury instructions on reasonable …
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Airport Searches And The Right To Travel: Some Constitutional Questions, Donald Applestein
Cleveland State Law Review
Historically the constitutional right to travel has arisen in two contexts. First, it has arisen within the context of the competing interests of the individual to travel internationally and the interest in national security. The other is that in which an individual wishes to travel to some area, and the government restricts that right in an effort to protect the persons in the area to which the individual wishes to travel. However, under the current airport screening procedures the right to travel may be being restricted or interfered with in another context: prevention and detection of criminal activity. This note …
Book Review, George J. Mcmonagle
Book Review, George J. Mcmonagle
Cleveland State Law Review
Review of Criminal Sentences - Law WIthout Order, Marvel E. Frankel, NY, Hill and Wang, 1973.
Book Review, Gregory G. Thatch
Book Review, Gregory G. Thatch
Cleveland State Law Review
Review of The Student, The College, The Law, John G. Hill, Jr. and William T. O'Hara, N.Y., London Teachers College Press, 1972.
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Voluntary Dismissals And The Savings Statute: Has Rule 41(A) Changed The Law, J. Patrick Browne
Cleveland State Law Review
Prior to the adoption of the new Ohio Rules of Civil Procedure, it had been held that a suit voluntarily dismissed could not be refiled under the provisions of the savings statute. Ohio Civil Rule 41(A) replaced the prior Code section providing for voluntary dis- missals and, by its language, suggested that at least one refiling of the suit would be permitted under the savings statute. However, the one reported judicial decision squarely on point at the time of this writing, Brookman v. Northern Trading Co., rejects the apparent purpose of Rule 41 (A) and adheres to the pre-Rule view …
Cash Tender Offers: Judicial Interpretation Of Section 14(E), Alan J. Ross
Cash Tender Offers: Judicial Interpretation Of Section 14(E), Alan J. Ross
Cleveland State Law Review
In the past fifteen years, the frequency of corporate takeover attempts in the form of cash tender offers has increased dramatically. During most of this period, cash tender offers were outside the scope of the federal securities laws. It was not until 1968 that Congress amended the Securities Exchange Act of 1934 by passing the Williams Act for the express purpose of placing the, cash tender offer under federal regulation. Section 14(e), the antifraud provision of the Williams Act, has been much litigated in the short time since its passage, and the meaning of the section is slowly being clarified. …
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 …
The Myth Of Reverse Race Discrimination: An Historical Perspective, Shirley E. Stewart
The Myth Of Reverse Race Discrimination: An Historical Perspective, Shirley E. Stewart
Cleveland State Law Review
This paper will analyze the competing considerations in America's struggle for true equality for all its people. The basic premise upon which the analysis will be made is that it is in the best interest of the country to achieve equality among the races, at every level of American society, as quickly as possible. This author views discrimination and the present effects of past discrimination, as experienced by black America, as an evil facing Americans of every color. The sooner this country can rid itself of the evil, the sooner it can be on its way to achieving a decent, …