Law Commons^™

Administrative Agencies; Subpoena Power; Relevancy; Right Of Privacy; Atchison, Topeka & Sante Fe Ry. Co. V. Lopez, David L. Hostetler

Akron Law Review

The Kansas Supreme Court in Sante Fe has joined the majority of states in declaring that administrative "fishing expeditions" via the use of subpoena powers are now permissible. No probable cause need be shown and confidential information may be subject to subpoena if there is even a mere possibility of relevance to a matter within the scope of the agency's authority. The state's interest in preventing discrimination in employment practices has been declared a "compelling state interest" such as to override any claims to rights of privacy. Although primarily discussing only arrest and conviction records, the court in actuality upheld …

Covenants Not To Compete, John Dwight Ingram

Akron Law Review

This article will discuss the enforceability of covenants not to compete when they are used in commercial business settings. There will be no discussion of the forms of relief available if a court determines that a covenant is enforceable. Also omitted from this article are noncompetition agreements which accompany the sale of a business or dissolution of a partnership. Finally, a discussion concerning covenants not to compete between professionals (attorneys, physicians, etc.) will not be a part of this current article.

In most states today, courts will enforce a covenant not to compete if the covenant is found to be …