Local Rules Of Court,
2015
The University of Akron
Local Rules Of Court, J. Patrick Browne
Akron Law Review
In the vast majority of cases, the Ohio Rules of Civil Procedure will be the primary source of authority governing the practice and procedure to be followed. But in some instances, the primary source of authority will be statutory, and the applicable sections of the Ohio Revised Code may or may not be supplemented by the Ohio Rules of Civil Procedure.
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position,
2015
The University of Akron
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan
Akron Law Review
The purpose of this article is to examine prior inconsistent statements of opinion and point out why their exclusion, when offered to impeach, is improper. Ohio's three leading cases on this point will serve to exemplify the improper characterization and exclusion of these statements.
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act,
2015
Texas A&M University School of Law
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes
Wayne R. Barnes
In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …
Developments In Ohio Savings And Loan Law: 1980,
2015
The University of Akron
Developments In Ohio Savings And Loan Law: 1980, Ronald E. Alexander
Akron Law Review
This 1981 edition of the Akron Law Review has continued to fulfill the objectives of that first editorial board in 1978: to both provide a forum for professional and student work that explores the legal regimes which impact upon savings associations and to make a continuing contribution to the body of savings and loan law literature that is surely needed by the practicing attorneys who serve as counsel for savings associations.
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence,
2015
The University of Akron
Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman
Akron Law Review
Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws …
An Examination Of The Current Ohio Condominium Law,
2015
The University of Akron
An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow
Akron Law Review
Ohio sanctioned condominiums in 1963 by enacting the Condominium Property Act. The act addresses five issues: (1) the creation of the condominium form of ownership; (2) the respective interests each unit owner possesses in the common area; (3) the administration of the condominium; (4) the rights of the lienors; and, (5) the removal of the property from the Act's provisions. The Act was amended in 1978 to facilitate consumer protection. This comment will examine the 1978 amendment and evaluate its effectiveness. It will then examine the tax considerations involved in the purchase of a condominium unit.
The Case Against Strict Liability Protection For New Home Buyers In Ohio,
2015
The University of Akron
The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty
Akron Law Review
In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.
The Courtroom Status Of The Polygraph,
2015
The University of Akron
The Courtroom Status Of The Polygraph, John A. Turlik
Akron Law Review
This comment will inform the reader of the status and various uses of the polygraph available to the criminal attorney, with an emphasis on Ohio law.
Municipal Annexation In Ohio,
2015
The University of Akron
Municipal Annexation In Ohio, Howard S. Essner
Akron Law Review
The adoption of aggressive municipal annexation programs by many cities in Ohio has often resulted in controversy. This is especially true in the City of Akron where recent attempts to annex large sections of neighboring townships have met with strong resistance from residents. The animosity created by this issue has made cooperation between the city and the townships virtually impossible, resulting in both an ineffective government and an inefficient use of resources. To resolve this conflict, the parties have engaged in protracted legal battles which test recent statutory changes in the law of annexation in Ohio. The outcome of these …
Comparative Negligence In Ohio: Prospective Or Retrospective Application,
2015
The University of Akron
Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore
Akron Law Review
Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?,
2015
The University of Akron
Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank
Akron Law Review
Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.
Ohio Supreme Court Symposium,
2015
The University of Akron
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Ohio's Statute Of Limitations, Baird V. Loeffler,
2015
The University of Akron
Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil
Akron Law Review
The decision in Baird v. Loeffler is another victory for physicians and medical malpractice insurers. It will not be well accepted by plaintiff's attorneys or by others who advocate the rights of patients, especially minors, to be compensated for injuries sustained by them due to a physician's negligence. The case focuses on an amendment to the Ohio Medical Malpractice Statute which became effective July 28, 1975. The issue in Baird is the proper statutory construction that should be given to the statute where a minor's cause of action arose prior to the effective date of the statute. In effect, the …
Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A),
2015
The University of Akron
Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A), Virginia L. Scigliano
Akron Law Review
This article will provide an in depth analysis of Rule 3(A). The analysis is divided into four sections. The first section examines the historical development of Rule 3(A) and the problems that developed and exist today. Section two discusses the meanings and specific interpretations given to the language of the rule. The unstated prerequisites of existence and capacity are analyzed in section three. And, in section four, Rule 3(A)'s forgotten defense is discussed and a model is developed for using the defense of failure to commence.
The Ohio "Sunshine" Act: An Appraisal,
2015
The University of Akron
The Ohio "Sunshine" Act: An Appraisal, Frederic White
Akron Law Review
T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.
Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals,
2015
The University of Akron
Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals, Jeffrey A. Parness, Jack E. Reagle
Akron Law Review
This article will review, and comment upon, some of the techniques available to the Ohio appeals courts. The task of preparing this article was facilitated greatly by the many Ohio appeals court judges who responded to a survey letter, reproduced in the appendix, sent by the authors in the Summer of 1981. The results of this survey are incorporated in the following pages, though we are confident they do not represent the judges' last words. To promote further dialogue, we have deleted references to the names of the particular judges whose remarks are noted, and have instead assigned each judge …
Incorporation Of Professionals In Ohio: Past, Present, And Future,
2015
The University of Akron
Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold
Akron Law Review
In 1961 the Ohio General Assembly enacted Chapter 1785 of the Ohio Revised Code authorizing the creation of professional associations. This legislation was deficient when enacted. Yet, despite criticism of the act and adequate opportunity, the Ohio Legislature has failed to reform this chapter of the Revised Code. This article will look at some of the background out of which the Ohio professional association legislation arose and at the substance and deficiencies of that legislation. Comments will be made on how the proposed Ohio Professional Corporation Act, promulgated in 1979 by the Corporation Law Committee of the Ohio Bar Association, …
Initiative And Referendum, Carter V. Celebrezze,
2015
The University of Akron
Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff
Akron Law Review
At the beginning of the twentieth century, the process of popular legislation through the use of initiative and referendum measures gained popularity in the United States. It was during this period that twelve states, including Ohio, adopted the measures of initiative and referendum. Theodore Roosevelt advocated the adoption of these measures at the Ohio Constitutional Convention of 1912 where the Ohio legislature enacted provisions for the use of these methods of popular legislation.
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge,
2015
The University of Akron
Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross
Akron Law Review
At a time when the future of the American economy appears bleak, and the necessity to curtail vital urban services becomes commonplace in our cities, the significance of the decision rendered by the Ohio Court of Appeals for Columbiana County in Atwood v. Judge' deserves to be noted. The tension between the public interest in maintaining vital services within the community and the state mandate' that a city operate within its budget is not satisfactorily resolved by the court.
Tsars, Task Forces And Standards: The New “Irs”?,
2015
CUNY Bernard M Baruch College
Tsars, Task Forces And Standards: The New “Irs”?, John Casey
Publications and Research
Institutional processes for regulating government-nonprofit relations in the U.S. are experiencing substantial growth, particularly at the state level. First, cabinet-level nonprofit “tsars” are being appointed by state governments as point persons for communication and coordination with nonprofits. Second, high-level cross-sector task forces are being established to examine the current relations between the sectors and to recommend reforms in regulatory and oversight processes. Third, nonprofit industry associations are developing statements of operating standards that seek to promote greater discipline in operations. These processes are potentially harbingers of the creation of new institutionalized relationship systems (IRS). This paper examines the emergence of …
