Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber
Law Faculty Articles and Essays
Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks
Cleveland State Law Review
It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
The Problem Of Group Defamation, Tom C. Clark
The Problem Of Group Defamation, Tom C. Clark
Cleveland State Law Review
It is my hope that the work of this symposium will contribute much to an understanding of the problems of group libel. But we cannot expect the judicial process to control such utterances. Heads get too hot and evil is too rampant. The final control must await the elimination of the three I's of this evil: Intolerance, Ignorance and Ignobility. They can be destroyed. They are not the inevitable results of increased social intercourse. They are not inherited- they are acquired. They cannot be legislated or decreed into the hearts and minds of men. It is for us- in the …