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Full-Text Articles in Law
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Legal Status Of The Spite Fence In Ohio, Joseph O'Meara, Herman W. Santen
Journal Articles
It is generally assumed, on the authority of Letts v. Kessler, that spite fences in Ohio are within the law. In two cases language has been used indicating an adherence to the obsolescent view that spite fences may be erected with impunity, but in neither case was the question before the court for decision, so that what was said must be classed as dicta. This, then is the situation: there is not a single decision in the last twenty-one years supporting the rule of Letts v. Kessler. A careful reading of the opinion in Letts v. Kessler will show that …
The Scintilla Rule, Joseph O'Meara
The Scintilla Rule, Joseph O'Meara
Journal Articles
The language quoted from Jacob Laub Baking Company v. Middleton, in which all concurred, will undoubtedly tend to increase the number of directed verdicts and appears to be, in effect, a repudiation of the scintilla rule. The problem, therefore, is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. Holding that the conclusion is against.the plaintiff beyond a reasonable doubt is not inconsistent with recognizing that there is "some evidence, however slight". The …
Revocation Of Building Permits, Joseph O'Meara
Revocation Of Building Permits, Joseph O'Meara
Journal Articles
There is considerable confusion in text books and decisions in the use of the expression "vested interest", the same being sometimes used as though the owner of a vested interest becomes completely immune from legislation. Theoretically, as a building permit does not create a vested interest nor property right, no amount of expenditure in reliance on a building permit can create such a vested interest or property right as to effect a limitation upon the exercise of the police power. The problem is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge …
Liberty And The Police Power, Clarence Emmett Manion
Liberty And The Police Power, Clarence Emmett Manion
Journal Articles
The American citizen now has practically no rights of person or property that neither Congress nor the State legislature may not impair by legislation. The adoption of the Articles of Confederation and the Federal Constitution served merely to transfer to the Federal government certain powers formerly exercised by the individual States. When all individuals were protected in the exercise of their respective rights it was never supposed that the rights of the individual were to be protected or approached through the avenues of legislation dictated by majority opinions as to what is now and again for the "general good". The …