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Articles 1 - 23 of 23
Full-Text Articles in Law
The Legal Background And Aftermath Of The Kent State Tragedy, David E. Engdahl
The Legal Background And Aftermath Of The Kent State Tragedy, David E. Engdahl
Cleveland State Law Review
Events of tragic violence occur with such commonness today that they are greeted most frequently either with a callous indifference or a generalized despair. Yet to thoughtful observers, there is an essential difference between those tragedies attributable to extremist and criminal factions, and those which result from overbearing acts of the agents of government themselves. Jackson State and Attica are only two of the most recent examples of events that test the strength of our modern commitment to the standards of government behavior our heritage had led us to expect. Even among the recent instances of tragic government violence, however, …
Kent State - Justice And Morality, John P. Adams
Kent State - Justice And Morality, John P. Adams
Cleveland State Law Review
In the months that followed the killing at Kent State, it became apparent that there was another ministry which was needed. It was not a matter of exercising the "moral authority" as the President suggested, to condemn "... violence and disruption as instruments of change ...." Rather, it became apparent that "moral authority" would be needed to assure that accountability would be established for the abuse of governmental authority and the misuse of military firepower against civilian student dissenters. Violence had been used as an instrument to prevent change, and the moral authority of the religious community needed to be …
Mandatory Maternity Leave Policy In The School Systems - A Survey Of Cases, Phyllis Elayne Marcus
Mandatory Maternity Leave Policy In The School Systems - A Survey Of Cases, Phyllis Elayne Marcus
Cleveland State Law Review
Thus, it has been suggested that mandatory maternity leave regulations, which are in force in many American school systems today, are a ". . . manifestation of [this] cultural sex role conditioning . ... " It is only recently that the power of the school boards to make these rules requiring teachers to take leaves of absence after a certain month of pregnancy have been challenged in our courts. The first two cases raising this issue were La Fleur v. Cleveland Bd. of Educ.3 and Cohen v. Chesterfield County School Bd.4 in May 1971. Since then, there have been a …
Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek
Healy V. James: Official Campus Recognition For Student Groups, Jeffrey L. Terbeek
Cleveland State Law Review
On June 26, 1972, the Supreme Court of the United States handed down its decision in the case of Healy v. James, a decision which will have great effect in the administrative review by a college or university official of a petition by a student group for recognition as a fullfledged campus organization. The Court declared that such a petition carries with it the associational rights of the group as protected by the first amendment, which can not be subjected to the prior restraint of denial without a constitutionally valid cause; placed the burden of proving such cause on the …
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Recent Developments In Equal Employment Opportunity Litigation, Howard R. Besser
Cleveland State Law Review
The 1964 Civil Rights Act, enacted on July 2nd of that year, represented an attempt by the federal government to deal with unlawful discrimination in many fields of endeavor, including housing, employment, public accommodations and facilities, federally assisted and federally funded programs, voting rights, etc. . . Title VII of that Act is specifically concerned with equal employment opportunity and creates the Equal Employment Opportunity Commission to carry out the functions of the law.
Zahn V. International Paper Co. - The Aggregation Principle And Its Effect On Jurisdiction In Rule 23 (B)(3) Class Actions, Zygmont A. Pines
Zahn V. International Paper Co. - The Aggregation Principle And Its Effect On Jurisdiction In Rule 23 (B)(3) Class Actions, Zygmont A. Pines
Cleveland State Law Review
The course of the present inquiry begins with a consideration of the current obstacles confronting a diversity (b) (3) class action and proceeds toward an analysis of such considerations and the re- sulting ramifications, Special emphasis is placed on the policy aspects of the aggregation doctrine, the jurisdictional amount statute (28 U.S.C. § 1332), and the modern class action device, with specific reference to the problematic condition of the current judicial system.'
Ohio Revised Code Chapter 2506 - Judicial Review Of Administrative Rulings, Marshall J. Wolf, Donald M. Robiner
Ohio Revised Code Chapter 2506 - Judicial Review Of Administrative Rulings, Marshall J. Wolf, Donald M. Robiner
Cleveland State Law Review
Persons adversely affected by a decision of any officer, board, commission or other division of the great number of political subdivisions of the State usually encounter difficulty in appealing such decision. This fact has long troubled the judiciary of Ohio. Thus, adoption in 1957 of Chapter 2506 of the Ohio Revised Code- Appeals From Orders of Administrative Officers and Agencies was immediately welcomed by the courts as providing assistance to those citizens who found themselves adverse to, and totally at the mercy of, their government. Although Ohio Revised Code, Chapter 2506, radically changed the procedure with respect to appeals from …
Sovereign Immunity - An Argument Pro, Robert F. Howarth Jr.
Sovereign Immunity - An Argument Pro, Robert F. Howarth Jr.
Cleveland State Law Review
The Ohio Doctrine of Sovereign Immunity vis-a-vis the United States Constitution, fourteenth amendment, will hereinafter be considered. Before delving into the constitutional realities, however, the substance of this narrow discussion should be placed in perspective with the multifarious civil actions arising out of the Kent State tragedy, May 4, 1970.
Sovereign Immunity - An Argument Con, Steven A. Sindell
Sovereign Immunity - An Argument Con, Steven A. Sindell
Cleveland State Law Review
Under the concept of sovereign or governmental immunity, a state may not be sued in tort without its consent. This doctrine, though the subject of repeated judicial challenges, is adhered to in a significant number of jurisdictions. It is the contention of this article that the reason for the rule no longer exists and that it should, therefore, be abolished as a controlling legal principle. Moreover, it is submitted that sovereign immunity violates the due process and equal protection.
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cleveland State Law Review
Case comment on Cincinnati v. Hoffman.
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Student Conduct Regulations, Arthur J. Marinelli Jr.
Student Conduct Regulations, Arthur J. Marinelli Jr.
Cleveland State Law Review
The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …
Disorderly Conduct Statutes And Ohio, Charles M. Young
Disorderly Conduct Statutes And Ohio, Charles M. Young
Cleveland State Law Review
In Ohio, as throughout the country, the peace and good order of communities are often protected by vague disorderly conduct statutes which fail to sufficiently define prohibited conduct. The failure of such statutes to provide specific standards for enforcement, and the determination of the courts to uphold these laws, may lead to an arbitrary standard of justice. Whens the courts are presented with a vagueness question concerning an archaic city or state statute, they should be eager to void, rather than careful to limit and interpret the language of the law. It is the duty of the legislatures to provide …
A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones
A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones
Cleveland State Law Review
The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …
Judicial Review For Ohio's Civil Servants, Donald Applestein
Judicial Review For Ohio's Civil Servants, Donald Applestein
Cleveland State Law Review
With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.
Book Review, Thomas O. Gorman
Book Review, Thomas O. Gorman
Cleveland State Law Review
Reviews Environmental Litigation by James B. MacDonald and John E. Conway
Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang
Indigents' Dissatisfaction With Assigned Counsel, Mary Sue Lang
Cleveland State Law Review
The American concept of democracy embraces the principle that the basic interests of society are endangered when the rights of an individual are diminished. The indigent's dissatisfaction with his assigned counsel is relevant only because Americans presuppose that a criminal prosecution unaccompanied by the panoply of the adversary process is a deprivation of the fundamental rights of the accused. This concept of justice obligates a government which institutes criminal prosecutions to provide representation for those unable to afford their own counsel. It further imposes a duty to assure effective counsel in order to preserve the element of challenge which is …
American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek
American Grand Jury: Investigatory And Indictment Powers, Timothy G. Kasparek
Cleveland State Law Review
As a result of the obvious discrepancies and conflicts among the three reports concerning the Kent State incident, the U.S. Department of Justice was reported to have been considering whether the convening of a federal grand jury was necessary) Additionally, Robert I. White, President of Kent State University at the time of the tragedy, the Kent State faculty and student senates, and the Kent State graduate-student council expressed a need for and re- quested the empaneling of a federal grand jury. To date, none has been convened nor has there been any indication that one will be called in the …
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Appellate Procedures In Workmen's Compensation Cases, James D. Kendis
Cleveland State Law Review
Workmen's compensation in the state of Ohio dates back to 1911 when the Ohio legislature enacted a voluntary Work- men's Compensation program. The legislation was soon tested in the courts and declared constitutional by the Ohio Supreme Court in the case of State ez rel. Yapel v. Creamer, the court finding that this type of "social" legislation was valid under the state police power. The legislature, in 1912, presented a constitutional amendment to the people of the State of Ohio for the purpose of establishing a formal Workmen's Compensation system which was adopted as Article II, Section 35.2 This section …
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Cleveland State Law Review
In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.
A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.
A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.
Cleveland State Law Review
The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.