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Articles 1 - 29 of 29
Full-Text Articles in Law
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
The Professional Bondsman: A State Action Analysis, Jim Michael Hansen
Cleveland State Law Review
Principals who have been subjected to illegal or excessive arrest procedures by the bondsman have secured only minimal redress in state judicial forums upon initiating tort actions founded upon false imprisonment, trespass and assault and battery. This Article will explore how an abused principal can attempt to secure legal redress in the federal forum, utilizing 42 U.S.C. § 1983.
Reforming The Mobile Home Tenant-Landlord Relationship: The Ohio Experience, Edward G. Kramer, James Buchanan, Marilyn Tobocman Sobol
Reforming The Mobile Home Tenant-Landlord Relationship: The Ohio Experience, Edward G. Kramer, James Buchanan, Marilyn Tobocman Sobol
Cleveland State Law Review
Ohio ranks among the top ten states for the total number of existing mobile homes. In addition, the sale of new and used mobile homes in Ohio has grown into a multi-million dollar business. Ohio has been slow, however, to respond to the needs of housing consumers who choose to live in mobile homes. Not until late 1977 was there a landlord-tenant law for mobile home residents. This article will review the development of the Ohio mobile home landlord-tenant law and the rights and obligations of mobile homeowners and park operators under this law.
Alienation Of Affection And Defamation: Similar Interests - Dissimilar Treatment, Richard G. Zeiger
Alienation Of Affection And Defamation: Similar Interests - Dissimilar Treatment, Richard G. Zeiger
Cleveland State Law Review
This Note will discuss the historical development of the actions of alienation of affection and defamation of character in an effort to determine why they have been accorded dissimilar treatment, and whether such treatment is justified. Consideration will be given to the individual and societal interests which each action serves. The effect of changing social policies on these actions throughout history will be examined. Finally, suggestions will be made concerning the future treatment of the alienation of affection action.
The Significance Of The Signature: A Comment On The Obligations Imposed By Civil Rule 11, J. Patrick Browne
The Significance Of The Signature: A Comment On The Obligations Imposed By Civil Rule 11, J. Patrick Browne
Cleveland State Law Review
Why does Civil Rule 11 require the signature and signature block? The signature block is intended to provide the information needed for the implementation of Rule 5. That rule requires the service of pleadings, motions or other papers on the attorneys for all parties represented by attorneys, and on the parties personally if they are not so represented. The signature block simply provides information with respect to the place where such service may be made. The signature itself, however, is of greater import, and it is the significance of the signature that we shall discuss in the following pages
Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal
Judicial Recognition Of Hospital Independent Duty Of Care To Patients: Hannola V. City Of Lakewood, David A. Beal
Cleveland State Law Review
This Note will examine the court's rationale in Hannola v City of Lakewood and the previous leading Ohio case on emergency room care, Cooper v. Sisters of Charity. This Note will similarly examine "control" tests of employment, the concept of apparent authority and the series of cases on independent duty of care which have been decided in the eleven years between Cooper and Hannola. It is the conclusion of this Note that the Hannola decision is more consistent with the realities of employment and service in the health care industry, and that the public policy arguments presented by the court …
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
In Memoriam: Wilson Gesner Stapleton 1901-1979, Walter C. Kelley
Cleveland State Law Review
No abstract provided.
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 …
City Of Cleveland V. Cei: A Case Study In Attempts To Monopolize By Regulated Utilities, Barry Kellman, Nicholas J. Marino
City Of Cleveland V. Cei: A Case Study In Attempts To Monopolize By Regulated Utilities, Barry Kellman, Nicholas J. Marino
Cleveland State Law Review
In Cleveland, Ohio a legal controversy had developed which compels the judiciary to evaluate the limits of competition. Seventy years of head-to-head combat between a large investor-owned electric system and a smaller city-owned company has entered the federal courts as an issue to be resolved under section two of the Sherman Act. The precise issue is whether a refusal by the larger utility to sell or wheel power to the smaller utility constitutes an illegal act of monopolization. To resolve this issue, the judiciary must superimpose upon a stormy political dispute an abstract formulation of proper and improper business conduct. …
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Cleveland State Law Review
This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Frank D. Celebrezze
In Memoriam: Wilson Gesner Stapleton 1901-1979, Frank D. Celebrezze
Cleveland State Law Review
No abstract provided.
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
In Memoriam: Wilson Gesner Stapleton 1901-1979, Owen C. Neff
Cleveland State Law Review
No abstract provided.
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White
The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White
Cleveland State Law Review
This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Implied Warranties In Ohio Home Sales, Susan B. Brooks
Cleveland State Law Review
The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
After House Bill 920: An Analysis Of Needed Real Property Tax Reform, Robert P. Rink
Cleveland State Law Review
This Note will analyze the current state of real property tax law in Ohio and its relationship to H.B. 920. The tax reform provision of H.B. 920 will be separately analyzed from both the historical perspective surrounding its passage and the technical perspective of its mathematical calculations. A further analysis of the relationship between taxation by uniform rule under Article XII, § 2 of the Ohio Constitution will be undertaken. The conclusion will focus on a constitutionally valid solution to the problem of property tax reform while, at the same time, noting several essential and unusual questions.
Professor Sidney B. Jacoby, Daniel M. Friedman
Professor Sidney B. Jacoby, Daniel M. Friedman
Cleveland State Law Review
No abstract provided.
Professor Sidney B. Jacoby, David B. Goshien
Professor Sidney B. Jacoby, David B. Goshien
Cleveland State Law Review
No abstract provided.
Professor Sidney B. Jacoby, Oscar H. Davis
Professor Sidney B. Jacoby, Oscar H. Davis
Cleveland State Law Review
No abstract provided.
Snepp V. United States, Frederick W. Whatley
Snepp V. United States, Frederick W. Whatley
Cleveland State Law Review
On February 19, 1980. the Supreme Court handed downs its decision in the case of Snepp v. United States. The Court based its decision on the writs of certiorari filed by Snepp and the government. There were no briefs or oral arguments on the merits of the case. The above quotes serve as more than a mere backdrop to the Snepp case. Whether the decision was rendered out of a concern that the actions of persons such as Mr. Agee may lead to the deaths of Central Intelligence Agency (hereinafter sometimes referred to as CIA) operatives, such as Mr. Welch's …
Flexible Mootness In Class Certification, Enid L. Zafran
Flexible Mootness In Class Certification, Enid L. Zafran
Cleveland State Law Review
While the purposes of class actions are easy to comprehend, the actual application and requirements of Rule 23 are complex. Before the suit may proceed, it must be certified by the trial court. Although Rule 23 carefully lists the criteria for the court to consider, certification is not a predictable outcome. If it is denied, the action is then litigated solely on the claims of the named plaintiffs. Under certain circumstances the denial would signal the end of the suit. Such an instance would occur if the named plaintiff's claims had become moot. His action would no longer satisfy the …
Towards A Federal Fiduciary Standards Act, Marvin A. Chirelstein
Towards A Federal Fiduciary Standards Act, Marvin A. Chirelstein
Cleveland State Law Review
Despite the economic identity that exists between the firm and its security holders, fiduciary obligation is at present dichotomized between federal and state legal systems which have no very close connection to one another; the federal system dominates the security holder level while the various state systems dominate at the firm level. The position argued for in this article is favorable to the idea of federal legislation in the field of managerial conduct. In Part II, next following, I try- using the freezeout of minority shareholders as my main illustration- to develop the idea of specific solutions for fiduciary problems …
Protest Boycotts As Restraints Of Trade Under The Sherman Act: A Proposed Standard, Francis M. Allegra
Protest Boycotts As Restraints Of Trade Under The Sherman Act: A Proposed Standard, Francis M. Allegra
Cleveland State Law Review
This paper will maintain that genuine protest boycotts are not anticompetitive because they do not restrict the economic freedom of either the participants or the boycotted entity; nor are they used to enforce an anticompetitive practice, such as collusion or horizontal exclusion. In Part II, cases dealing with unilateral and concerted refusals to deal will be examined to determine under which circumstances refusals to deal are illegal. Part III will analyze two recent protest boycotts cases: Crown Central Petroleum v. Waldman, and Osborn v. Pennsylvania-Delaware Service Station. The legal standards used in these cases will be rejected in Part IV …
Professor Kevin Sheard, Robert L. Bogomolny
Professor Kevin Sheard, Robert L. Bogomolny
Cleveland State Law Review
No abstract provided.
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
Cleveland State Law Review
This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.
Adjusting The Equities In Franchise Termination: A Sui Generis Approach, Richard A. Greco Jr.
Adjusting The Equities In Franchise Termination: A Sui Generis Approach, Richard A. Greco Jr.
Cleveland State Law Review
The scope of troubled areas in the franchising industry is nearly as broad as the variety of goods and services available through franchised systems. This Note cannot attempt even an overview of all the problems that confront the industry; instead the discussion will focus on one recurring problem within the industry: the rights of the parties engaged in a franchise relation following the termination of that relationship.
Professor Kevin Sheard, J. Patrick Browne
Professor Kevin Sheard, J. Patrick Browne
Cleveland State Law Review
No abstract provided.
Contracts During The Half-Century Between Restatements, E. Allan Farnsworth
Contracts During The Half-Century Between Restatements, E. Allan Farnsworth
Cleveland State Law Review
In May of 1979, as the sobering seventies drew to a close, I had the privilege of presenting to the membership of the American Law Institute the final chapter of Restatement Second of Contracts. The three volumes of that Restatement have now been published. I shall not hazard a guess as to how it will fare over the next fifty years. I would like instead to use the time we have together to reflect on what has happened in the law of contracts over the course of the half century between the two contracts Restatements- roughly 1930 to 1980.
Legal Ethics: Legal Rules And Professional Aspirations, Geoffrey C. Hazard Jr.
Legal Ethics: Legal Rules And Professional Aspirations, Geoffrey C. Hazard Jr.
Cleveland State Law Review
The bar is now generally aware that a revised set of Rules of Professional Conduct has been proposed to, and is being considered by, the American Bar Association. These proposed Model Rules, if endorsed by the ABA, will be presented for adoption in the several states. If adopted in a state, the Model Rules would replace the present Code of Professional Responsibility.
A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo
Cleveland State Law Review
This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to …
Process And Property In Constitutional Theory, Frank I. Michelman
Process And Property In Constitutional Theory, Frank I. Michelman
Cleveland State Law Review
Could property be a "process right?" "Property" does denote, among other things, a class or cluster of legal rights. In appropriate contexts, it plainly means a class or cluster of constitutional rights. But could the constitutional right of property possibly be a "process," as opposed to a "substantive," right?