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Articles 121 - 148 of 148
Full-Text Articles in State and Local Government Law
Public Employees' Right To Strike, Marc J. Bloch
Public Employees' Right To Strike, Marc J. Bloch
Cleveland State Law Review
In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.
Aesthetics And The Police Power, Robert J. Dicello
Aesthetics And The Police Power, Robert J. Dicello
Cleveland State Law Review
Under the Ohio Constitution municipalities have the authority to exercise all powers of local self-government. This authority is exercised through police power which is sufficient to support the enactment and enforcement of a wide variety of regulations which serve the public welfare. The police power, then, is the means whereby there is delegated by the state to the municipality effective power to promote and protect the general welfare. The purpose of any enforceable ordinance established under the police power must be directly related to the general welfare of the community wherein it operates.
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Cleveland State Law Review
Throughout its history, this nation and this state have had to depend in large part on the ability of its lawyers for effective legislative action. At a time when the State legislature is dealing with billions of dollars and millions of lives, it is even more crucial that the organized bar involve itself intimately in the daily legislative activities of Ohio. Lawyers working through the legislature have an important part to play in improving the lives of Ohioans.
Housing Code Enforcement - A New Approach, Richard J. Marco, James P. Mancino
Housing Code Enforcement - A New Approach, Richard J. Marco, James P. Mancino
Cleveland State Law Review
Recognizing the national housing crises and the inadequate progress toward solutions through the utilization of either present code enforcement techniques or the ponderous urban renewal processes, new methods, techniques and approaches for the enforcement of housing code standards were sought.
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Cleveland State Law Review
The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.
Municipal Immunity In Police Torts, Carol F. Dakin
Municipal Immunity In Police Torts, Carol F. Dakin
Cleveland State Law Review
This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Cleveland State Law Review
A municipal corporation generally has no duty to provide fire and police protection, and is not liable in tort or contract to private persons for losses suffered therefrom, unless a statute specifically allows recovery. The underlying reasoning for this comes from (1) the concept of governmental tort immunity when municipalities are engaged in governmental functions (fire-fighting and giving police protection are almost universally held to be governmental functions) and (2) the common law notion that, absent any duty imposed by statute, the municipal corporation cannot be liable for mere inactivity on the part of public servants which results in damage, …
Ohio's Local Government Fund, Lawrence J. Rich
Ohio's Local Government Fund, Lawrence J. Rich
Cleveland State Law Review
This paper will briefly explain the history of the Local Government Fund in Ohio, trace its changes, examine the statutes involved as well as the court decisions, explain the position of other states in their distribution of sales tax monies, and examine possible shortcomings and possible improvements in the present system of distribution.
Birth And Death And Governmental Immunity, Verne Lawyer
Birth And Death And Governmental Immunity, Verne Lawyer
Cleveland State Law Review
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Cleveland State Law Review
This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.
Statutory Regulation Of Hypnosis, James T. Brennan
Statutory Regulation Of Hypnosis, James T. Brennan
Cleveland State Law Review
Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …
State Attorney General - Guardian Of Public Charities, Robert L. Gray
State Attorney General - Guardian Of Public Charities, Robert L. Gray
Cleveland State Law Review
In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …
The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin
The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin
Cleveland State Law Review
In Ohio the Attorney General shall appear in any court or tribunal in which the state is interested. The common law interpretation of the duties of the Attorney General regarding charitable trusts in the state of Ohio has been supplanted by statutory law which is enumerated in Sections 109.23-109.33 of the Ohio Revised Code, often referred to as the Charitable Trusts Act.
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Cleveland State Law Review
In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …
Governmental Immunity Of County Hospitals, Alice K. Henry
Governmental Immunity Of County Hospitals, Alice K. Henry
Cleveland State Law Review
The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.
Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol
Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol
Cleveland State Law Review
Many long established thoroughfares are presently being abandoned and vacated to make way for the erection of urban redevelopment programs and the construction of freeway systems. Similarly, the application of scientific principles of traffic engineering to the modernization of existing thoroughfares eliminates jogged intersections and reduces sharp curves, frequently entailing vacation of the abandoned portions of such relocated roads. Resubdividing undeveloped tracts sometimes necessitates vacation of dedicated but unimproved streets in favor of revised thoroughfare plans. Modern fashion has rendered many alleys and courts obsolete and unnecessary. To avoid the expense of their maintenance both abutting owners and governmental subdivisions …
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff
Cleveland State Law Review
Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.
Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.
Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.
Cleveland State Law Review
Growth of many American cities into vast metropolitan communities of suburban cities, towns and villages clustered about the central city is creating complex problems of local government. Duplication of services and costs is matched by artificial "compartmentalization" of adjacent areas, all developing with little or no overall plan or logic.Herein, four outstanding community leaders examine the problem in terms of the situation in the Ohio area of Cuyahoga County, around the core city of Cleveland. Extracts from four speeches are set forth here, all delivered at a recent luncheon of the Cleveland-Marshall Alumni Association.
Book Review, Paul R. Donaldson
Book Review, Paul R. Donaldson
Cleveland State Law Review
Reviewing Charles S. Rhyne, Municipal Law, National Institute of Municipal law Officers, 1957
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe
Cleveland State Law Review
The office of the Attorney General of Ohio was established by the Constitution of 1851 in Article XII, Section 1. The duties of the Attorney General and the functions of the Office are prescribed by statute. That places the Attorney General as the last of our statutory officers in Ohio. The Attorney General, if there was any before the Constitution of 1851, served at the pleasure of the Governor as a legal advisor. And some of the things I shall say later reflect the importance of making this a Constitutional office, thus putting a different light on the function of …
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger
Cleveland State Law Review
Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.
Oath Of Office, William F. Burns
Oath Of Office, William F. Burns
Cleveland State Law Review
An "oath" is declared to be the calling upon God to witness that what is said by the person sworn is true. It includes an affirmation and embraces every method whereby the conscience of a witness is obligated to testify to the truth. The contents of an oath may vary according to the conditions existing at the time the person is sworn. Generally speaking no particular form of words is necessary. In many instances, however, the Ohio code provides what the oath shall contain. These provisions are mandatory and the language of the statute must be strictly adhered to.
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Cleveland State Law Review
The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …
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 …
Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner
Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner
Cleveland State Law Review
The State of Louisiana has some unique and interesting laws, not common to the other states. Having been under the dominion of France, Spain and France alternatively, before it was purchased by the United States, it is not unnatural that Louisiana's basic law should be drawn from those countries, and especially from the Code Napoleon. Like most countries of continental Europe, France and Spain adopted, to a great extent, the civil law of Rome, as distinguished from the English common law. After the purchase of Louisiana by the United States the people of the territory demanded and were granted the …
Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray
Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray
Cleveland State Law Review
The issue of the right of recovery by a building contractor who has failed to comply literally with specifications of building codes and ordinances has provoked much discussion and has brought forth opinions from courts and text writers, many of which are diametrically opposed. The authorities are generally agreed that a contract, whether it be a building contract or not, which upon execution will, by the thing which it tends to create, breach a positive law, is void and unenforceable. But, as is true of other rules of law which can not and do not have universal application, the courts …