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Articles 31 - 39 of 39
Full-Text Articles in Law
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Plaintiff Control And Domination In Multidistrict Mass Torts, S. Todd Brown
Cleveland State Law Review
The Supreme Court’s recent decisions concerning preclusion doctrine stress the “deep-rooted historic tradition that everyone should have his own day in court.” Nonetheless, “properly conducted class actions” are a recognized exception to this general rule because such actions ensure that nonparties are “adequately represented by someone with the same interests who was a party to the suit.” Mass torts, however, frequently involve numerous plaintiffs with diverse legal and factual issues that are not “sufficiently cohesive to warrant adjudication by representation.” Thus, it may be reasonably feared that the Court’s firm insistence on preserving individual autonomy will deny plaintiffs the economies …
Drug Testing, Welfare, And The Special Needs Doctrine: An Argument In Support Of Drug Testing Tanf Recipients, Brianna W. Mclaughlin
Drug Testing, Welfare, And The Special Needs Doctrine: An Argument In Support Of Drug Testing Tanf Recipients, Brianna W. Mclaughlin
Cleveland State Law Review
In 1996, Congress considered situations of children like Michael Oher when they overhauled the welfare program through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). One of the PRWORA’s goals is to protect children in homes receiving welfare benefits. A crucial step in the Congressional plan was authorizing states to drug test welfare recipients as a condition to receiving benefits. With this grant of authority, states enacted legislation to implement drug testing programs to protect children in welfare receiving homes from the dangers of drug addicted parents. In 2011, over thirty-six states proposed legislation requiring drug testing of welfare …
Copyright Notice, Cleveland State Law Review
Copyright Notice, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Toward A Unitary Commerce Clause: What The Negative Commerce Clause Reveals About The Commerce Power, Donald L. R. Goodson
Toward A Unitary Commerce Clause: What The Negative Commerce Clause Reveals About The Commerce Power, Donald L. R. Goodson
Cleveland State Law Review
The Supreme Court’s recent Commerce Clause cases have acknowledged that in order to give full effect to the values of federalism embedded in the Constitution and the related notion that the national government is one of limited powers, some limitation on the commerce power is needed. But without an understanding of why we have the Commerce Clause in the first place, it is difficult to articulate a limitation of the power, much less one that furthers the values of federalism. Unfortunately, the Court’s own precedent in the affirmative Commerce Clause context does not provide doctrinal support for a functionalist approach …
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
"I'M Not Quite Dead Yet!": Rethinking The Anti-Lapse Redistribution Of A Dead Beneficiary's Gift, Eloisa C. Rodriguez-Dod
"I'M Not Quite Dead Yet!": Rethinking The Anti-Lapse Redistribution Of A Dead Beneficiary's Gift, Eloisa C. Rodriguez-Dod
Cleveland State Law Review
A persistent challenge in law is how to achieve the necessary balance between individual decision-making and societal goals. This struggle of autonomy versus societal goals manifests itself in the context of anti-lapse law for wills and trusts. This article highlights how the current rules of construction regarding anti-lapse statutes fail both the goal of implementing intent and ensuring societal goals. An examination of the current statutes demonstrates that they are flawed, controversial, and, at times, result in inconsistent application. The current statutory scheme leads to unanswered questions: Should statutes presuppose distributions when an instrument does not explicitly address the specific …
Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin
Paradise Lost? A Call To Clarify The Public Purpose Requirement In Ohio's Public Trust Doctrine, Maia E. Jerin
Cleveland State Law Review
The State of Ohio holds all land underlying the waters of Lake Erie and navigable rivers, as well as all artificially filled land, in trust for the benefit of the people of Ohio. Traditionally, private use of trust resources was subject to the public rights of navigation, water commerce, and fishing. This principle, known as the public trust doctrine, exists in every state but takes myriad forms and protects widely varying uses and interests. Many states have clarified their public trust doctrines through statutes or judicial review in order to meet the public’s changing needs, but Ohio’s public trust doctrine …
The Good, The Bad, And A New Kind Of Prenup: An Analysis Of The Ohio Legacy Trust Act And What Asset Protection Trusts Will Mean For Ohio, Kevin R. Mckinnis
The Good, The Bad, And A New Kind Of Prenup: An Analysis Of The Ohio Legacy Trust Act And What Asset Protection Trusts Will Mean For Ohio, Kevin R. Mckinnis
Cleveland State Law Review
It is human nature to want to protect what one has worked hard to earn or accomplish. It is this very nature that entices individuals to search for creative methods by which to protect one’s assets, whether from high tax rates or creditors. As laws continually change, individuals strive to protect their assets in the most effective and secure manner possible. As a result, the protection of one’s assets has evolved from the use of offshore Asset Protection Trusts (APTs) to the use of domestic APTs (DAPT). The Ohio Legacy Trust Act is an attempt to modernize Ohio’s wealth management …