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Full-Text Articles in State and Local Government Law
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Cleveland State Law Review
Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio's cities. While Ohio courts have made …
Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven
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.
Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo
Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo
Cleveland State Law Review
Ohio Const. Art. XVIII, Sec. 3 endows the municipalities with those powers of local self-government ".. .as are not in con-flict with general laws." The courts have unanimously interpreted the general laws to be those laws which have been enactedy the General Assembly. A question of conflict arises (1) wherehe state and the municipality each have prohibited the same act and where each seeks to enforce, independent of the other; (2) where the municipality seeks to prohibit that which the state permits, or seeks to permit that which the state prohibits;and (3) where the municipality provides a penalty in excess …