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Articles 1 - 6 of 6
Full-Text Articles in Law
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
The Ohio Supreme Court’S Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Alan C Weinstein
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley, et. al. v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the Court ruled in Drees Company, et. al. v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was …
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Jonathan Witmer-Rich
Over the past decade, law enforcement officials have conducted covert searches of American homes and businesses at a dramatically increasing rate. In some cases, investigators also seize evidence, keeping the search covert by staging the seizure to look like a burglary. These covert searches were authorized by the USA Patriot Act, through the use of delayed notice search warrants. The number of covert, delayed notice warrants has skyrocketed in the past five years, from around 175 in 2006 to 3,700 in 2011. About ten percent of all federal search warrants are now delayed notice warrants.This article describes the legal evolution …
Ten Elements Of "Real" Ethics In The Practice Of Law (And Life), David Barnhizer
Ten Elements Of "Real" Ethics In The Practice Of Law (And Life), David Barnhizer
David Barnhizer
The legal profession has been “running a game” on its clients and on American society in its claim that it can self-regulate. The system of ethical regulation as practiced by the legal profession and courts is not a “real” system nor can it even be said to be an Ideal system. It is a deceptive pretense and pretension. It is time to stop the deception and to construct a new way of regulating lawyers and holding them to account for deficiencies and neglect. Many lawyers will not accept this interpretation either because of self-interest or to avoid facing the uncomfortable …
Code Compliance Enforcement In The Mortgage Crisis, Kermit J. Lind
Code Compliance Enforcement In The Mortgage Crisis, Kermit J. Lind
Kermit J. Lind
This is a short presentation of suggestions for better code compliance enforcement. It takes into account the distresses brought about by the mortgage crisis. It calls for a strategic approach rather than a reactive approach. It assumes a necessity for making choices about what policing programs and actions will produce maximum compliance beneficial to residents and occupying homeowners in residential neighborhoods.
Voting Technology And The Quest For Trustworthy Elections, S. Candice Hoke
Voting Technology And The Quest For Trustworthy Elections, S. Candice Hoke
S. Candice Hoke
This chapter reviews four dimensions of the still-unresolved voting technology quandary. It begins by briefly reviewing the Florida Bush v. Gore background that, combined with the tradition of state governmental control over election administration, spawned the contours and limitations of new federal regulatory apparatus. It also surveys some illustrative voting system malfunctions and their consequences surfacing predominantly from 2009–12.
The second part of this chapter, Federal Compulsion to Adopt Software-Based Voting Technologies, explains the misconceptions about software and digital equipment that led to both the flawed federal mandates and the ineffectual regulatory structure.
The third part of this chapter, Litigation …
Reply To Critics Of The Heartbeat Bill, David F. Forte
Reply To Critics Of The Heartbeat Bill, David F. Forte
David F. Forte
Forte's reply to critics of HB 125 – The Heartbeat Bill (2011-2012) appears on the Catholic Conference of Ohio website.