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Articles 1 - 12 of 12
Full-Text Articles in Law
Home Rule In Ohio: General Laws, Conflicts, And The Failure Of The Courts To Protect The Ohio Constitution, Matthew Mahoney
Home Rule In Ohio: General Laws, Conflicts, And The Failure Of The Courts To Protect The Ohio Constitution, Matthew Mahoney
Cleveland State Law Review
The Home Rule Amendment to Ohio’s Constitution vest with municipalities the power to legislate on issues of most concern to that locality. Ideally, the concept of home rule creates shared powers between the state and the municipality. However, in Ohio, such is not the case. Instead, the state has almost complete control despite the home rule constitutional amendment. Although home rule is complicated historically and practically with many working parts between the legislature and the municipality, what is clear is that the courts play a substantial role in the doctrine’s application. The court’s role is difficulty considering the competing interests, …
Stuck In Ohio's Legal Limbo, How Many Mistrials Are Too Many Mistrials?: Exploring New Factors That Help A Trial Judge In Ohio Know Whether To Exercise Her Authority To Dismiss An Indictment With Prejudice, Especially Following Repeated Hung Juries, Samantha M. Cira
Cleveland State Law Review
Multiple mistrials following validly-prosecuted trials are becoming an increasingly harsh reality in today’s criminal justice system. Currently, the Ohio Supreme Court has not provided any guidelines to help its trial judges know when to make the crucial decision to dismiss an indictment with prejudice following a string of properly-declared mistrials, especially due to repeated hung juries. Despite multiple mistrials that continue to result in no conviction, criminal defendants often languish behind bars, suffering detrimental psychological harm and a loss of personal freedom as they remain in “legal limbo” waiting to retry their case. Furthermore, continuously retrying defendants cuts against fundamental …
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Law Faculty Articles and Essays
It has been almost a year and a half since the Supreme Court ruled in Kelo v. City of New London, 125 S. Ct. 2655 (2005), that the federal Constitution does not bar government from using eminent domain for economic development purposes. That ruling precipitated an unprecedented negative reaction in state legislatures. 1 Now, Ohio has delivered the first post-Kelo state supreme court decision to address the constitutionality of eminent domain. On July 26, in City of Norwood v. Horney, 2006 WL 2096001, a unanimous Ohio Supreme Court rejected the arguments of the majority in Kelo and emphatically stated that …
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Cleveland State Law Review
This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …
Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo
Grandparent Visitation Rights In Ohio After Grandchild Adoption: Is It Time To Move In A New Direction , Genevieve Louise Adamo
Cleveland State Law Review
This note will explain why the Ohio legislature should change the current law regarding grandparent visitation following the adoption of their grandchildren. This note will first explore the way that Ohio looked at the issue of grandparent visitation following the adoption of their grandchildren prior to the Ohio Supreme Court decisions in Ridenour and Martin. Then this note will examine the decisions in Ridenour and Martin. Next this note will discuss other states' laws which allow grandparent visitation following a stepparent adoption. Finally, this note will examine some of the studies and commentaries which suggest that grandparent visitation following stepparent …
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Holt V. Grange Mutual Casualty Co.: Children Not Insureds Under Policy Are Entitled To Death Benefits , Barbara J. Tyler, Thomas S. Tyler
Cleveland State Law Review
The automobile insurance industry is up in arms after a decade of consumer friendly Ohio Supreme Court decisions. The insurance industry and commentators have noted the trend of judicial activism in interpreting insurance contracts. These decisions have been overwhelmingly in favor of consumers and against insurance companies. The Ohio Supreme Court decision of Holt v. Grange Mutual Casualty Co., is another consumer friendly decision and represents both an equitable and sound interpretation and application of Ohio law to consumer insurance contracts. This note walks through the Holt case, starting at the trial court level and working up through the Ohio …
Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo
Summary Judgment And Problems In Applying The Celotex Trilogy Standard, Gregory A. Gordillo
Cleveland State Law Review
In this Note, the difficulties judges encounter in applying the Celotex standards are illustrated through an examination of summary judgment decisions in the United States Supreme Court and in Ohio courts. Ohio's judges often look to the Supreme Court's interpretations of the Federal Rules of Civil Procedure for guidance in applying Ohio's summary judgment rule, and summary judgment decisions of this state therefore exemplify the pitfalls that the Supreme Court has created.
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Administrative Res Judicata In Ohio: A Suggestion For The Future, Randy J. Hart
Cleveland State Law Review
This note will focus on the law of res judicata as applied by the state courts of Ohio regarding decisions handed down by Ohio's administrative agencies. While there exists a body of law on the federal level pertaining to administrative res judicata, which appears to be well settled, the Ohio Supreme Court has not yet ruled on whether the decision of an administrative body will have res judicata effect in a subsequent action in an Ohio state court. This note will suggest that Ohio courts should reject administrative res judicata where its effect would be to bind the state courts …
State V. Roberts: A Persuasive But Unsupported Position, Robert A. Boyd
State V. Roberts: A Persuasive But Unsupported Position, Robert A. Boyd
Cleveland State Law Review
The Ohio Supreme Court recently held in State v. Roberts that when a witness is unavailable at the trial of a criminal defendant, the state may not introduce the witness' preliminary hearing testimony into evidence unless he had been cross-examined at the preliminary hearing. The court found that the defendant, Roberts, had been denied his right to confront an adverse witness when the trial court admitted the preliminary hearing testimony of a witness who was not present at trial, and held that mere opportunity to cross-examine at a preliminary hearing, unexercised, did not satisfy the demands of the Confrontation Clause …
66/10/20 Police Can Search, High Court Rules, Cleveland Press
66/10/20 Police Can Search, High Court Rules, Cleveland Press
Newspaper Coverage
The Ohio Supreme Court upheld the lower court ruling that Cleveland Police Detective Martin McFadden's search of John W. Terry and Richard D. Chilton (represented by Louis Stokes) did not violate their constitutional rights because McFadden felt they were acting "in a suspicious manner."
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
Ohio Supreme Court
Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
New Rules Of The Supreme Court Of Ohio (An Analysis), Lee E. Skeel
Cleveland State Law Review
The Supreme Court of Ohio recently completed revision of its Rules of Practice. They became effective on July 1, 1964. Three subjects coming within the inherent power and within the constitutional and statutory jurisdiction of the Court are contained in the revision; that is, procedures for presenting cases in which the Court has original jurisdiction, cases which come within its appellate and revisory jurisdiction as provided in each case by the Constitution and Statutes of Ohio (Article IV, Sections 2 and 6), and admission to the practice of the law in Ohio and disciplinary procedures for members of the bar …