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Articles 1 - 30 of 85
Full-Text Articles in Law
Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj
Opportunity In Ohio: Rethinking Northeast Ohio's Opportunity Zones With Local Legislation, Patrick J. Lipaj
Cleveland State Law Review
Welcome to Census Tract 1186.02! Here, in a small sliver of Cleveland’s Glenville neighborhood, tucked between Superior and Hough Avenues, you will uncover a lot. You will discover a rich history of the city’s ethnic and cultural roots. You will also find gang violence, underperforming schools, a median household income of $9,526, and a poverty rate of 66.5 percent. Something you will not find in 1186.02 is investment. Private or public, money is not flowing in to 1186.02 and it has not for a long time. The substantial toll of continuous underinvestment on the residents of this neighborhood, one of …
The Visual Artists Rights Act's "Recognized Stature" Provision: A Case For Repeal, Drew Thornley
The Visual Artists Rights Act's "Recognized Stature" Provision: A Case For Repeal, Drew Thornley
Cleveland State Law Review
Using as a case study the recent “5Pointz” litigation, a case involving visual artists’ moral-rights claims to graffiti they drew on a piece of private property in Queens, New York, this article examines the threat that Visual Artists Rights Act (VARA)’s grant to visual artists of the right “to prevent any destruction of a work of recognized stature” poses to common-law property and contract rights. This article advances the argument that the default legal rule should be that the rights of property owners (real or personal), including the right to destroy such properties, trump any moral rights that visual artists …
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Cleveland State Law Review
Civil asset forfeiture is a legal method for law enforcement to deprive United States citizens of their personal property with little hope for its return. With varying degrees of legal protection at the state level, Ohio legislators must encourage national policy reform by outlawing civil asset forfeiture in Ohio. Ohio Revised Code Section 2981.05 should be amended to outlaw civil asset forfeiture by requiring a criminal conviction prior to allowing the seizure of an individual’s property. This Note proposes two plans of action that will restore Ohio resident’s property rights back to those originally afforded in the United States Constitution.
The Power To Exclude And The Power To Expel, Donald J. Smythe
The Power To Exclude And The Power To Expel, Donald J. Smythe
Cleveland State Law Review
Property laws have far-reaching implications for the way people live and for the opportunities they and their children will have. They also have important consequences for property developers and businesses, both large and small. It is not surprising, therefore, that modern developments in property law have been so strongly influenced by political pressures. Unfortunately, those with the most economic resources and political power have had the most telling influences on the development of property laws in the United States during the twentieth century. This Article introduces a simple game—the "Not-In-My-Backyard Game"—to illustrate the motivations of various parties with interests in …
Access Management: Balancing Public And Private Rights In The Modern "Commons" Of The Roadway, Michael L. Stokes
Access Management: Balancing Public And Private Rights In The Modern "Commons" Of The Roadway, Michael L. Stokes
Cleveland State Law Review
This Article will begin by examining how the concept of a right of access to an abutting roadway developed and how courts treated early efforts to regulate roadway access for public welfare and safety. Next, we will see how public authorities began to comprehend the differences between mobility and land access and to perceive the conflict between traffic volume, traffic speed, and frequent driveways and intersections. This new knowledge led to the adoption of statewide permit-based programs to manage access to roadways using criteria calibrated to match each road’s function in the continuum between access and mobility. We will identify …
The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff
The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff
Cleveland State Law Review
A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
The Public Trust Doctrine And The Great Lakes Shores, Kenneth K. Kilbert
The Public Trust Doctrine And The Great Lakes Shores, Kenneth K. Kilbert
Cleveland State Law Review
The shores of the Great Lakes may look serene, but they are a battleground. Members of the public enjoy using the shores for fishing, boating, birding, or simply strolling along and taking in the scenic vistas. Repeatedly, however, owners of land ordering the Great Lakes (i.e., littoral owners),' armed with deeds indicating they own the shore to the water's edge or even lower, have tried to stop members of the public from using their property above the water's edge. The right to exclude others from your property, the littoral owners argue, is one of the most important sticks in the …
Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson
Catching The Unique Rabbit: Why Pets Should Be Reclassified As Inimitable Property Under The Law, Kelly Wilson
Cleveland State Law Review
This Note introduces a new approach for resolving the issue of inadequate compensation for pet loss by arguing for the adoption of a new classification of personal property called inimitable property. The new categorization takes into consideration the live, conscious, and unique qualities of pets that distinguish them from other sorts of inanimate property.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
Disclosure Protection: Franchises And Food Court Leases, James R. Cataland
Disclosure Protection: Franchises And Food Court Leases, James R. Cataland
Cleveland State Law Review
The shopping center industry continues to enjoy relative freedom from governmental regulation and operates within the framework of a long term, well established body of favorable commercial landlord/tenant law. Conversely, certain "'unfair and deceptive practices" in the sale of franchises have led to comprehensive consumer protection legislation at both the state and federal level. In 1978, the Federal Trade Commission promulgated a series of uniform disclosure requirements that a franchise or business opportunity seller must make when soliciting a prospective buyer. Often, the prospective buyer of a fast food franchise is an unsophisticated husband and wife, owner/operator, commonly referred to …
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Ariadne's Thread: Leading Students Into And Out Of The Labyrinth Of The Rule Against Perpetuities , Maureen E. Markey
Cleveland State Law Review
This Article focuses partly on my own approach to teaching the Rule Against Perpetuities, but it addresses the approaches of others based on the survey responses. Although I have developed a method that works fairly well for my classes, I am always open to suggestions from others for modifying and improving that approach. Of course, a single method, no matter how good it appears to be, will not work for everyone. Therefore, I have incorporated a number of approaches into this Article so that those wanting to develop or improve their teaching of the Rule can pick and choose among …
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossission Of Mexican Landowners In California After 1848, Kim David Chanbonpin
Cleveland State Law Review
The goal of this paper is to show how the rule in Plume v. Seward and the actual practice of the Board of Land Commissioners in California at the time are not in synch. In Section II, I provide the historical background to the United States imperialist goal of Manifest Destiny. This section also gives a factual introduction to Plume and the procedure of the Board of Land Commissioners. Section III contrasts the result in Plume with the outcomes in the Board's decisions in factually similar land claims. Section IV analyzes the Guadalupe-Hidalgo Treaty Land Claims Act proposed to Congress …
Land, Labor And Reparations, Guadalupe T. Luna Northern Illinois University
Land, Labor And Reparations, Guadalupe T. Luna Northern Illinois University
Cleveland State Law Review
Kim David Chanbonpin and Ronald L. Mize, Jr. bring to LatCrit two legal historical essays that connect property and labor issues to the present. The first draws from the former Mexican land base presently comprising the American Southwest. The second examines a class of "agricultural underdogs" that provided their labor to the nation's food production systems during wartime. Both articles bring real life consequences impacting our communities of color generally but gente of Mexican descent specifically. The authors' treatment of difficult questions however, extends legal engagement that demands compensation for past injuries with consequences into the present. Their assertions of …
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Cleveland State Law Review
This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah …
Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman
Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman
Cleveland State Law Review
This Article constructs a conservative legal framework to guide planners in conventional planning activities. It further proposes that planners should apply the model to these conventional activities, but work closely with the municipal attorney before adopting more innovative and controversial planning devices.This Article proceeds in four major sections. Section I commences, with historical reviews: major changes in land use planning within the last 50 years, the land development problems associated with those changes, and judicial responses to these same problems. Comparisons are frequently made between cases from a rustbelt Midwestern state (Ohio) and cases from a faster growing sunbelt state …
Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Kass V. Kass, Blazing Legal Trails In The Field Of Human Reproductive Technology, Kelly Summers
Cleveland State Law Review
The decision in Kass illustrates a situation where well-founded common law contract principles were applied to a novel reproductive issue in order to respond to rapidly evolving technological progress. However, this legal dilemma presents a variable that warrants special attention. The parties involved in the case at hand struggled for control of a possible human life; Mrs. Kass hoped to preserve the pre-zygotes for future implantation attempts, and Mr. Kass sought to avoid the tribulations associated with compulsory parenthood. This Comment will evaluate the decisions rendered by both the Supreme Court of New York and the New York Court of …
A Child Conceived After His Father's Death: Posthumous Reproduction And Inheritance Rights - An Analysis Of Ohio Statutes, Cindy L. Steeb
A Child Conceived After His Father's Death: Posthumous Reproduction And Inheritance Rights - An Analysis Of Ohio Statutes, Cindy L. Steeb
Cleveland State Law Review
This Article will argue that the posthumous child and the rights and responsibilities relating to such a child, are directly related to the fundamental right to procreate, thus statutes must support rather than prohibit posthumous conception. It will argue that legislation must necessarily incorporate that right in determining issues and forming legislation related to the posthumous child. It will show that current legislation, both the various Uniform Codes and Ohio's Revised Code, is not sufficient to protect and provide for this new class of children. In reaching this conclusion, Part II of this Article will review the history of artificial …
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Predatory Lending: Practices, Remedies And Lack Of Adequate Protection For Ohio Consumers, Anna Beth Ferguson
Cleveland State Law Review
This note focuses on remedies available to borrowers who fall prey to predatory lending practices on their home equity loans where their homes are used as collateral. Part II gives basic background information on predatory lending: what predatory lending is, examples of common predatory lending techniques, and, who benefits and who is hurt by predatory lending practices. Part III discusses and critiques current federal laws that borrowers have used to combat predatory mortgage lending practices. Part IV explains the current forms of relief available in Ohio and the limitations of these remedies. Part V discusses remedies in other states, focusing …
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
Cleveland State Law Review
This Note argues that the rule denying property tax exemption to low-income housing units is improper. The rule is improper in three significant regards. First, as a matter of social and public policy, the rule is misguided, because it hinders the fulfillment of an important need in Ohio and in American society at large. Second, as a purely legal matter, the original rule denying exemption for these properties resulted as a mistaken application of the existing law regarding the definition of "charitable" use. The third, and most compelling reason, is that the legal basis underlying the original rule has undergone …
The Parma Housing Racial Discrimination Remedy Revisited, W. Dennis Keating
The Parma Housing Racial Discrimination Remedy Revisited, W. Dennis Keating
Cleveland State Law Review
In 1980, the city of Parma, Ohio, Cleveland's largest suburban city was found guilty of violating the Fair Housing Act. Along with the Gautreaux, Mt. Laurel, and Yonkers cases, the Parma case represents a longstanding remedy aimed at eliminating a pattern and practice of municipal discrimination in housing. It raises the issue of how far courts and the federal judiciary in particular, are willing and able to go in order to address systematic patterns of housing segregation. This article reviews the original decision and its appeal, the implementation of the original remedy, and the more recent remedy and its prospects …
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Cleveland State Law Review
Whichever of these two possibilities prevails, both possibilities require the courts to perform essentially legislative functions regardless, in other words, of whether public ecological resources receive insufficient or ample protection from private enterprise that wants to consume them. The traditional Takings Clause precedents, on the other hand, would give public ecological resources and private property ample protection with minimum judicial oversight. The traditional position seems preferable for this reason.
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Frozen Embryos: What Are They And How Should The Law Treat Them, Michelle F. Sublett
Cleveland State Law Review
This note is concerned with the question currently facing the courts: once an embryo is frozen, what should become of it in a dispute over what should happen to it, and who has the right to make that decision? In addressing this question, this note will first establish the process through which frozen embryos are created, and the resulting dilemma of definitional problems among the medical and legal professions. Next the article will survey the current state of the law to discover how prenatal beings have been treated traditionally, how this should affect frozen embryo disposition, and how trends are …
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
How Much Of You Do You Really Own - A Property Right In Identity, Kathleen Birkel Dangelo
Cleveland State Law Review
An individual's identity is comprised of many different characteristics. The law has historically recognized the existence of a property right in certain characteristics of an individual, such as name and likeness. This recognition was premised on the idea that these characteristics comprise the essence of a person's identity and therefore, should be protected against appropriation by others. A problem in this area, however, has been the confusion among property, privacy, and publicity rights. Each of these rights touches the area of personal characteristics; however, the focus of each right is on a distinct area. The confusion between these rights has …
How To Do A Perpetuities Problem, John Makdisi
How To Do A Perpetuities Problem, John Makdisi
Cleveland State Law Review
The most difficult aspect of the rule against perpetuities is figuring out a sure-fire way to determine whether an interest created in a conveyance is valid or invalid. The meaning of the rule itself is not hard to fathom. Whenever the interest might vest too remotely it is invalid, and it becomes possible to vest remotely if there is a chance that it could vest more than twenty-one years after everyone alive at the time of the conveyance has died. Whether the interest violates the rule against perpetuities is determined at the moment the conveyance creating the interest becomes effective. …
Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan
Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan
Cleveland State Law Review
The "gentle readers" may be surprised by the analogy suggested between the reform of landlord-tenant law and the experience of Alice and the Queen. However, the events surrounding the enactment of Amended Substitute Senate Bill 103 were as perplexing as those in Lewis Carroll's story. Those opposing real reform, principally the real estate industry, were successful in weakening the proposed legislation. Consequently, the primary goal of the sponsors of landlord-tenant legislation in Ohio was not met by the legislation finally enacted. As this Article will demonstrate, the interpretation of the Act by the courts of Ohio has proven true the …
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Shufcah: Origins And Modern Doctrine, Farhat J. Ziadeh
Cleveland State Law Review
Shufah is an excellent example of the continuity of an Islamic institution and of the capacity of that institution for change. Although it is not, strictly speaking, a part of personal status law, which is said to be the only part of Islamic law that is being applied in Islamic countries, it has survived in a recognizable form. Islamic countries, in their attempts at law reform, have effected little change in the traditional law of personal states, only after heated discussions and controversy. On the other hand, profound changes were introduced into the traditional law of preemption with little controversy. …
Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn
Access To Sunlight In Ohio: The Dismal Outlook, Amy E. Blenkhorn
Cleveland State Law Review
This Note will trace the evolution of access-to-sunlight issues and the enactment of new laws in the solar-access area, with primary focus on Ohio's treatment of the issues. A brief historical review will be included as well as data relating to the feasibility of using solar energy in Ohio. A critical analysis of the recent Ohio Solar Easement Statute also will be presented. Solar statutes and case law of other states and policies of the federal government and foreign governments will be scrutinized. These findings will be examined in an attempt to forecast whether Ohio should adopt or reject various …
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin
Cleveland State Law Review
The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …