Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Affirmative defenses (1)
- Atomic Energy Act (1)
- Challenges (1)
- Common law recoupment (1)
- Counterclaim as an affirmative defense (1)
-
- Cross-demand statute (1)
- Doctrine of impossibility (1)
- Home rule (1)
- Local governments (1)
- Local repudiation (1)
- Mills Exception (1)
- Nuclear power plants (1)
- Objections (1)
- Ohio Rule 8(c) (1)
- Ohio law (1)
- Plea in abatement (1)
- Pleading the affirmative defense (1)
- Preemption doctrine (1)
- Products liability (1)
- Rule 12 defenses (1)
- Rule 12(B) exceptions (1)
- Rule 12(c) exception (1)
- Rule 56 exception (1)
- Rule of waiver (1)
- Siting authority (1)
- State mandated programs (1)
- State regulation (1)
- Strict liability (1)
- Tort law (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
Cleveland State Law Review
It would appear that in Ohio today fiscally hard-pressed localities may be able to avoid state-mandated obligations by relying on a claim of impossibility. While the law in this area is not settled, it would seem that the mandatory programs most vulnerable to attack are those providing benefits to the impoverished or the young. The remainder of this Article will analyze the doctrine of impossibility and review the scope of judicial authority to compel local participation in mandated programs.
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Law Faculty Articles and Essays
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.
Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck
Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck
Cleveland State Law Review
This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible …
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Cleveland State Law Review
The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …