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Cleveland State University

Constitutional Law

Cleveland State Law Review

1972

Articles 1 - 2 of 2

Full-Text Articles in Law

Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks Jan 1972

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).


Visitors' Refusal To Leave Premises, Joseph Gibson Jan 1972

Visitors' Refusal To Leave Premises, Joseph Gibson

Cleveland State Law Review

Many factors have been blamed for this new, brazen attitude of remaining on another's property. Some fault the Supreme Court's rulings in Brown v. Louisiana, where court conviction of sit-in demonstrators at a public library, was reversed by holding that the conviction was a violation of the fourteenth amendment rights, and Cox v. Louisiana' where the Court decided that a state statute which regulated picketing was improper because of the discretion which it gave to local officials. Others lay the blame on a more permissive society which is breeding contempt for the power structure. The most logical explanation is a …