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Full-Text Articles in 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 …
Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet
Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet
Cleveland State Law Review
This Note argues that the Ohio Revised Code prohibition of residency requirements does not qualify as legislation for the "comfort, health, safety and welfare of all employees" since the law improperly attempts to control conditions for employment, rather than conditions of employment, and that the Supreme Court of Ohio has previously, improperly interpreted the employee welfare provision and should more narrowly construe, if not reverse, its holding in Rocky River IV. Part II addresses residency requirements in the city of Cleveland and describes the current litigation in which the city is involved. Part III provides a background of the four …
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Cleveland State Law Review
It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
Cleveland State Law Review
It would appear that in Ohio today fiscally hard-pressed localities may be able to avoid state-mandated obligations by relying on a claim of impossibility. While the law in this area is not settled, it would seem that the mandatory programs most vulnerable to attack are those providing benefits to the impoverished or the young. The remainder of this Article will analyze the doctrine of impossibility and review the scope of judicial authority to compel local participation in mandated programs.