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Full-Text Articles in Law
The Tort Liability Of The Classroom Teacher, Stephen R. Ripps
The Tort Liability Of The Classroom Teacher, Stephen R. Ripps
Akron Law Review
THIS ARTICLE WILL DISCUSS the tort liabilities to which classroom teachers are exposed and predict future parameters of concern. The rules of law applicable to the tortious conduct of the classroom teachers equally affect elementary, secondary, and higher education instructors
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Sovereign Immunity For Political Subdivisions, Kathy Sue Magoline
Akron Law Review
The Ohio Supreme Court continued in 1983 to expand and define its abrogation of the doctrine of sovereign immunity for municipal corporations and political subdivisions. The court's decisions in this area have resulted in a significant increase in tort liability for local governments and school districts, who may now be found liable for tortious acts in the same manner as private individuals.
Ohio's Abrogation Of Sovereign Immunity - A Rude Awakening, Roger D. Emerson
Ohio's Abrogation Of Sovereign Immunity - A Rude Awakening, Roger D. Emerson
Akron Law Review
The Ohio Supreme Court's recent decisions have practically abolished the defense of sovereign immunity for state subdivisions and municipal corporations. For many years, governmental units such as municipal corporations have used this ancient legal doctrine to defend themselves from tort suits arising out of the negligence of their employees. The court's decisions have sent municipalities searching for insurance coverage and have sent plaintiffs attorneys back into court, filing motions to vacate previous adverse judgements.
The effect of such decisions have become more pronounced since the court's decision in Marrek v. Board of Commissioners. In Marrek, the Ohio Supreme …
Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer
Paradise Lost? State Employees' Rights In The Wake Of "New Federalism", Christina M. Royer
Akron Law Review
This Comment analyzes the resurgence of sovereign immunity under the Eleventh Amendment – what could be construed as a sort of “new federalism” – specifically in the context of federal employment statutes and state employees’ rights there under. The analysis focuses on the Fair Labor Standards Act (hereinafter FLSA), the Age Discrimination in Employment Act (hereinafter ADEA), and the Family and Medical Leave Act (hereinafter FMLA), because these statutes appear to be among those that are the most threatened by the Supreme Court’s recent actions. This Comment concludes that, because the scales are now tipped in favor of states' rights …