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Articles 1 - 8 of 8
Full-Text Articles in Law
The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders
The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders
Akron Law Review
AS THE Constitution was being formulated, Article I, Section 8, clause 3, giving Congress the power "To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes," was added because of the Framers' grave concern with the erection of trade barriers between the states, a problem which had inhibited interstate trade under the old Articles of Confederation. The federal government's regulation of commerce was meant to provide substantial equality of access to a free national market, avoiding what has been unhappily referred to as "the intolerable experience of the economic Balkanization of America
Manufacturer's Liability As A Dual Capacity Of An Employer, John D. Lambert
Manufacturer's Liability As A Dual Capacity Of An Employer, John D. Lambert
Akron Law Review
In recent years, a new theory of recovery for employees' injuries arising out of an employment situation has emerged where the employer's product is the proximate cause of the injury. In most situations the theory of recovery for the employee would be workmen's compensation statutes with their schedules which limit the amount the employee recovers. Recently, to avoid this inadequate measure of damages, employees' attorneys have, with increasing regularity, alleged that the injury arose out of a second or dual capacity of the employer, unrelated to and independent of the normal employer-employee obligations and duties.
Ohio Supreme Court Symposium
Akron Law Review
During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.
Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold
Gradually Developed Disabilities: A Dilemma For Workers' Compensation, M. Thomas Arnold
Akron Law Review
This article will examine some of these problems and attempt to make a few modest suggestions as to the direction future consideration of the compensability of gradually developed disabilities should take.
Exception To The Going And Coming Rule: Special Hazard Or Risk, Karen M. Holmes
Exception To The Going And Coming Rule: Special Hazard Or Risk, Karen M. Holmes
Akron Law Review
In Littlefield v. Pillsbury Co., the Ohio Supreme Court specifically adopted the "special hazard or risk" exception to the "going and coming" rule. This exception extends workers' compensation coverage to claims for injuries sustained in accidents occurring outside an employer's premises, before or after work, if the injury occurs because of a hazard created by the employment.
Eligibility To Receive Death Benefits Plus Accrued Compensation; State Ex Rel. Nyitray V. Industrial Commission, Mary Clare O'Connor
Eligibility To Receive Death Benefits Plus Accrued Compensation; State Ex Rel. Nyitray V. Industrial Commission, Mary Clare O'Connor
Akron Law Review
In State ex re. Nyitray v. Industrial Commission, the Ohio Supreme Court recently overruled State ex rel. Spiker v. Industrial Commission, a forty year-old case which had interpreted two important sections of the Ohio Workers' Compensation Act. Under the new ruling, dependents of workers who die from work-related injuries or occupational diseases will be eligible to receive death benefits as well as compensation which had accrued to the worker up until the time of his death.
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam
The New Workers' Compensatin Law In Ohio: Senate Bill 307 Was No Accident, Scott Washam
Akron Law Review
In Part I, this comment traces the evolution of workers' compensation laws in this country with particular emphasis on the development of the Act in Ohio. In Part II, the relevant caselaw is discussed, including Blankenship v. Cincinnati Milacron Chemicals, Jones v. VIP Development Company, and their progeny which led to the enactment of Senate Bill 307. In Part III, Bill 30710 is considered along with its implications for the injured worker.
College Athletes Should Be Entitled To Workers' Compensation For Sports-Related Injuries: A Request To Broaden The Definition Of Employee Under Ohio Revised Code Section 4123.01, David W. Woodburn
Akron Law Review
This Comment examines the Ohio Workers' Compensation Act 25 and its applicability to scholarship-athletes. Part I discusses the failure of the NCAA and its universities to adopt an insurance program capable of providing effective coverage to scholarship-athletes. Part II provides a general overview of workers' compensation and discusses the major cases which either support or negate the applicability of workers' compensation to scholarship-athletes. Part III examines Ohio Revised Code section 4123.01 and how it can be interpreted to include scholarship-athletes within its scope, as well as discussing the public policy implications of incorporating scholarship students with this section.