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Full-Text Articles in Law

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith Dec 2015

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …


Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-68 (Enviro Clean Facility)


Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-498 (Geitgey Donald #3 Well)


Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)


Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)


Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission Sep 2015

Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)


Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)


Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)


Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well


United States V. Ohio, Hannah R. Seifert Aug 2015

United States V. Ohio, Hannah R. Seifert

Public Land & Resources Law Review

United States v. Ohio is a concise example of the judiciary’s decisive role in ascertaining the intention of parties to an agreement. Relying primarily on the original documents memorializing a cost-sharing agreement to discern intent, the court invalidated two subsurface mining leases entered into between Ohio and Buckingham Coal Company for lack of prior federal approval. The court determined that requiring pre-approval for any lease involving Project lands was consistent with the foundational and foremost purpose of the Project to control flooding.


Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94


Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)


Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well


Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Application to Operate Facility)


Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412


Appeal No. 0859: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2015

Appeal No. 0859: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-09 (Enviro Clean Facility)


Appeal No. 0894: Ll&B Headwater Ii, Lp, V. Division Of Oil & Gas Resources Management And Gulfport Energy Corporation, Ohio Oil & Gas Commission Apr 2015

Appeal No. 0894: Ll&B Headwater Ii, Lp, V. Division Of Oil & Gas Resources Management And Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin M. Burns Apr 2015

Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin M. Burns

Akron Law Review

Hazing is not just a student and education problem – it is a society problem. There have been attempts to address the problem, such as educational programming, adopting anti-hazing policies in schools, and condemning hazing through legislatures. However, these attempts, including Ohio’s 1983 anti-hazing statute, only punish the hazing as an “act;” put differently, these approaches characterize hazing as an activity that someone does to someone. But after considering human development and the reality of how hazing has materialized in our communities, hazing is not something done do people, but why something is done to them.

For example, consider an …


O'Connor's Firsts, Phyllis L. Crocker Apr 2015

O'Connor's Firsts, Phyllis L. Crocker

Akron Law Review

Chief Justice Maureen O’Connor will make her mark on the Ohio court system and on the laws of Ohio in many ways. She made two significant marks her first day as Chief Justice: she was the first woman elected to the position of Chief Justice in Ohio and in her swearing-in speech she called for review of the death penalty in Ohio.1 Both were meaningful to me personally and as a citizen of Ohio. I appreciated her acknowledging her place in history and her willingness to tackle, right from the beginning of her tenure, the important topic of the death …


Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly A. Jolson Apr 2015

Chief Justice O'Connor's Juvenile Justice Jurisprudence: A Consistent Approach To Inconsistent Interests, Yvette Mcgee-Brown, Kimberly A. Jolson

Akron Law Review

Part II of this Article examines the growth of the juvenile justice system as a system apart from the adult criminal system. It reviews the goals of the juvenile court system—to treat children differently than adults, to rehabilitate, and to protect both the child and society. Part II also discusses the gradual movement to harsher sentencing of young offenders and transferring those offenders to the adult criminal justice system, as well as the subsequent exhortation of the United States Supreme Court that youth in the juvenile justice system must be afforded the protection of constitutional rights. Part III.A explains the …


Flexible Predictability: Stare Decisis In Ohio, Richard Garner Apr 2015

Flexible Predictability: Stare Decisis In Ohio, Richard Garner

Akron Law Review

This Article explores the need for a doctrine permitting, but limiting, the overruling of prior precedent; Ohio’s adoption of such a rule; and whether the current standard will endure. To fully appreciate the need for a rule that permits but also limits the overruling of prior Supreme Court precedent, it is helpful to understand the historical context in which the Galatis rule developed. Section II of this Article discusses the political and ideological changes that swept the Ohio judiciary in the early 1990s with the election of two new Justices to the Ohio Supreme Court. The new Justices quickly set …


Appeal No. 0870: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2015

Appeal No. 0870: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-132 (WMH Lobb#1 Well)


Ohio And Sports Law, Adam Epstein Jan 2015

Ohio And Sports Law, Adam Epstein

Marquette Sports Law Review

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An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane Jan 2015

An Incomplete Pass: Inadequacies In Ohio's Youth Concussion Legislation And The Ongoing Risk For Players, Andrew J. Kane

Journal of Law and Health

Broadly, this paper questions whether Ohio’s recently enacted youth concussion legislation adequately addresses the public health issue of sport-related brain injury, and contends that it does not. To that end, it first addresses the significance of traumatic brain injuries, including concussions, explaining that the failure to protect youth athletes from these potentially fatal conditions has largely resulted from a lack of awareness of their influence on neurological functions, and of their potential to cause serious brain injury. Next, this paper examines several legislative responses enacted by other states, all of which were in place before Ohio’s, and compares the recently …


Loosening The Rust Belt: Why Ohio Should Re-Examine Its Current Standard For Determining The Enforceability Of Covenants Not To Compete Contained In Employment Agreements, Brian D. Mielcusny Jan 2015

Loosening The Rust Belt: Why Ohio Should Re-Examine Its Current Standard For Determining The Enforceability Of Covenants Not To Compete Contained In Employment Agreements, Brian D. Mielcusny

Cleveland State Law Review

While the field of non-compete litigation is muddled and unpredictable in Ohio, the state would go a long way in at least considering a shift in thinking. By considering the arguments and alternatives presented above, Ohio could rework its CNC standard in a way that would maximize the potential for employee mobility and economic growth. The shifts taking place in Ohio’s economic climate and the onset of growth in emerging industries such as technology, healthcare, and energy show that Ohio might be on the cusp of unparalleled economic development. The need to continue growth in these sectors and keep pace …


Ohio And Sports Law, Adam Epstein Dec 2014

Ohio And Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to offer a broad perspective on how individuals, universities and professional teams associated with the state of Ohio have had a varied impact on sports law in general. Many of the cases and decisions discussed in this paper include familiar incidents and issues involving basketball coach Jim O’Brien, pitcher Andy Oliver, running back Maurice Clarett, sprinter Harry “Butch” Reynolds, high school football player Bobby Martin, Major League Baseball (MLB) manager Pete Rose and others. This article could also be viewed as a starting point for further research involving this Midwestern state also known as …