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Full-Text Articles in Law
The New Privacy, Paul M. Schwartz, William M. Treanor
The New Privacy, Paul M. Schwartz, William M. Treanor
Michigan Law Review
In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In the past forty years, formal claims to government benefits have become more tenuous rather than more secure. …
Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok
Nursing Home Tort Reform And Ohio House Bill 412: Why Have We Abandoned Our Neglected And Abused Elderly Population, Robin P. Bravchok
Cleveland State Law Review
This Note will show that nursing home tort reform statutes, like Ohio's, have totally missed the mark by disregarding our elders' rights and ignoring the problem of abuse and neglect in nursing facilities. Part II of this Note will look at our nation's elderly population and the poor state of our country's nursing homes. Part III will briefly look at Florida's lawsuit reform act that was passed in May of 2001. Florida, with its large elderly population, was plagued by increasing insurance costs allegedly due to rising litigation and damage awards. Its new law, which has led to strict reductions …
Cutting Through The Confusion Of The Loss-Of-Chance Doctrine Under Ohio Law: A New Cause Of Action Or A New Standard Of Causation, George J. Zilich
Cutting Through The Confusion Of The Loss-Of-Chance Doctrine Under Ohio Law: A New Cause Of Action Or A New Standard Of Causation, George J. Zilich
Cleveland State Law Review
The central argument advanced in this Note is that a loss of chance should be recognized as an independent injury. This approach best serves the policy of the new loss of chance doctrine, and it avoids the very significant doctrinal problems that arise if the alternative approach is taken, which is to treat the compensability of lost chances as merely a relaxation of traditional tort law causation requirements. The primary focus of this Note is on the loss of a less-than-even chance of recovery or survival, wherein a victim will be entitled to damages resulting from the negligent reduction of …
Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison
Appellate Jurisdiction In Ohio Over Final Appealable Orders , Gary L. Garrison
Cleveland State Law Review
This article focuses on the rules for determining finality and appealability of judgments under section 2505.02 and Ohio R. Civ. P. 54(B). To that end, this article addresses not only the various categories of "final orders" but also the procedural mechanisms by which interlocutory appeals are taken from judgments on one part of a case while the rest of the case remains pending. The objective of this article is two-fold. First and foremost, it provides a resource and guide to appellate practitioners and trial court judges for understanding the "final order rule" and for navigating its various provisions in the …