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Articles 31 - 51 of 51
Full-Text Articles in Law
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Law Faculty Articles and Essays
In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Toward Guidelines For Compelling Cesarean Surgery: Of Rights, Responsibility And Decisional Authenticity, Joel J. Finer
Law Faculty Articles and Essays
When, if ever, may a pregnant woman be compelled to undergo a cesarean section to save the life of a viable, verge-of-birth fetus? Courts and scholars have increasingly addressed the constitutional and ethical problems presented when a woman about to give birth requires a cesarean section to prevent the death of or severe harm to her fetus, and the woman refuses to have the surgery. Nationally, over a five year period, courts have heard twenty-one cases in which a court-ordered cesarean was being sought. Under what circumstances, if any, is it legally and ethically appropriate to compel a woman to …
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William Tabac
Law Faculty Articles and Essays
This Article will offer the heresy that the transactions in goods that the Code regulates are still firmly grounded on ownership principles and that these principles must be reckoned with to fulfill the Code's design. It is therefore important first to identify the various property interests in goods that one can obtain under the Code and determine how the Code ties these interests to title.
The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley
The Use Of Ohio's Preference Law In Bankruptcy: An Alternative To Section 547 With A Longer "Reach-Back" Period, Thomas D. Buckley
Law Faculty Articles and Essays
Ohio is one of the few states with a preference law of general application among its debtor-creditor statutes. Ohio Revised Code sections 1313.56 and 1313.57 give creditors an avoidance power similar to a bankruptcy trustee's avoidance power under federal bankruptcy law. While this article compares the federal and state preference rules, evaluating the pratical significance of the differences between them, the relative strength of the two laws is less important than the fact that the bankruptcy trustee can choose whichever of the two laws is more effective with respect to any given prebankruptcy transaction. Thus, both laws might be applied …
Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley
Insider Guaranties: Their Effect On The Bankruptcy Preference "Reach Back" Period And Possible Use In Getting An "Ordinary Course" Exception Avoidance, Thomas D. Buckley
Law Faculty Articles and Essays
In 1990 the Sixth Circuit decided two bankrupcty preference cases, Ray v. City Bank & Trust Co. (In re C-L Cartage Co.) ("Cartage") and Gosch v. Burns (In re Finn) ("Finn"), that will have important consequences in the administration of bankruptcy proceedings and will also influence the way lenders and borrowers do business with each other in the future, whether or not a bankruptcy ever ensues. This article first describes briefly the mechanics of preference law and the application of it in Cartage and Finn. The article then focuses primarily on the Cartage decision, because the analytic approach taken by …
Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker
Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker
Law Faculty Articles and Essays
Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more …
The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier
The Tax Court, Article Iii, And The Proposal Advanced By The Federal Courts Study Committee: A Study In Applied Constitutional Theory, Deborah A. Geier
Law Faculty Articles and Essays
Spurred by the report issued by the Federal Courts Study Committee, this article explores the constitutionality of the Tax Court as an Article I court.
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
The Implementation Of Bankruptcy Code Section 707(B): The Law And The Reality, Wayne R. Wells, Janell M. Kurtz, Robert J. Calhoun
Cleveland State Law Review
The introduction of section 707(b) to the bankruptcy code has raised many difficult interpretational issues. This article focuses on those issues concerning the implementation of section 707(b). Under the law, only the courts and the U.S. Trustees are permitted to raise the issue of substantial abuse. Therefore, to determine how section 707(b) is actually being administered, a survey was distributed to the U.S. Bankruptcy Courts and the U.S. Trustees. The results of the survey are integrated into a discussion of the current status of the law and presented in this article. This analysis identifies serious shortcomings with the law that …
Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely
Superfund Liability Alternatives For The Innocent Purchaser, David W. Marczely
Cleveland State Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) imposes liability for cleanup costs where there has been a release to the environment of a hazardous substance. Liability has been construed by the courts as strict, even though Congress rejected an explicit provision of strict liability. Moreover, CERCLA liability permits no defenses except those found in the Act. CERCLA provides an affirmative defense to liability actions where a third party has solely caused the release of the hazardous substance. Congress attempted to clarify the land contract issue as part of the Superfund Amendments and Reauthorization Act of 1986 …
Prescription Drugs And The Duty To Warn: An Argument For Patient Package Inserts, Alan R. Styles
Prescription Drugs And The Duty To Warn: An Argument For Patient Package Inserts, Alan R. Styles
Cleveland State Law Review
It has been more than ten years since the Food and Drug Administration proposed regulations which would have required detailed patient information for all prescription drugs. The proposed regulations, intended to promote the safe and effective use of prescription drugs, would have required a manufacturer to supply non-technical, non-promotional information, referred to as patient package inserts, directly to the patient. This note will analyze the need for patient information in satisfying the tort objectives of informed consent and public safety. The note will then analyze the practical effect of the learned intermediary and informed consent doctrines upon the manufacturer's and …
The Matrix Of The Common Law, George L. Haskins
The Matrix Of The Common Law, George L. Haskins
Cleveland State Law Review
Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …
The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg
The Indeterminate Defendant In Products Liability Litigation And A Suggested Approach For Ohio, Rebecca J. Greenberg
Cleveland State Law Review
The problems created by mass marketing, unequal bargaining power, and hidden product hazards have necessitated major changes in products liability law during the past thirty years. Correspondingly, considerations of cost reduction, injury avoidance, and fair risk distribution are generally advanced as the policies behind the widespread acceptance gained by strict liability in the 1960's. A decade later, these considerations were applied to the problem of proof of causation faced by plaintiffs who could not identify the specific defendant who caused their injuries. A limited version of this problem had been considered earlier in the seminal case of Summers v. Tice, …
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow
Cleveland State Law Review
The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
Cleveland State Law Review
The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
The Supreme Court Drops The Ball In The N.F.L. Player Dispute, Eric E. Bell
Cleveland State Law Review
The purpose of this article is to offer guidance to courts and attorneys faced with the issue of determining the point in time that the non-statutory labor exemption terminates in the context of NFL labor relations and to propose a system of free agency which might ease this conflict between the League and players. To that end, this article begins by exploring the history of player relations in the NFL, the development of the Union and the subsequent collective bargaining agreements between the Players Association and the League. This is followed by an in-depth analysis of Powell v. NFL and …
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Section 1983 And The Parratt Doctrine After Zinermon V. Burch: Ensuring Due Process Rights Or Turning The Fourteenth Amendment Into A Font Of Tort Law, Paul F. Wingenfeld
Cleveland State Law Review
Over the last thirty years, the Court has decided a number of cases which illustrate an on-going struggle to find the proper place for section 1983 in the federal court system and, consequently, what ultimately qualifies as adequate procedural due process within the context of the statute. This note will examine the history of Court decisions involving section 1983 in order to provide the proper background for examining the Court's most recent decision in Zinermon v. Burch, a case which itself has added to an already confusing field of legal study. Within this historical background, however, the Court has actually …
Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf
Evaluation Of Recycling Legislation Pending Before The 119th Session Of The Ohio General Assembly, Christopher D. Knopf
Cleveland State Law Review
This Article summarizes and analyzes the recycling bills before the 119th Session of the Ohio General Assembly. Part I of this Article reviews the requirements and recommendations of H.B. 592 and the State Plan. Part II provides an overview of the recycling bills and identifies the three basic approaches to recycling represented by these bills. Parts III, IV, V, and VI summarize and evaluate the recycling bills. This Article uses three criteria to evaluate the recycling bills: (1) consistency with H.B. 592 and the State Plan, (2) effectiveness in preventing the disposal of solid waste in landfills, and (3) efficiency …
At What Cost Will The Court Impose A Duty To Preserve The Life A Child, David S. Lockemeyer
At What Cost Will The Court Impose A Duty To Preserve The Life A Child, David S. Lockemeyer
Cleveland State Law Review
The purpose of this Note is to explore the issues surrounding parental consent for a surgical invasion of one child to save the life of a sibling. This Note focuses on the courts role in permitting organ transplantation. In addition, it will discuss the new developments in medical science regarding living donors and the concept of transplantation of regenerative organs and the possible impact on the court. Next, this Note analyzes the elements of duty to rescue, best interest and substituted judgment and the court's use of the various tests to justify invasion of a child's body. This Note examines …
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
Cleveland State Law Review
The role of the hospital in the field of medicine has evolved significantly in recent decades. Now hospitals privately distance themselves as far as possible from the acts of the negligent physician. Courts have intervened in recent years and expanded the scope of vicarious hospital liability. This Note will begin with a brief history of vicarious hospital liability. Next, it will examine the elements of two doctrines which are being used to impute such liability to hospitals - agency by estoppel and ostensible agency - and determine how each has been applied by courts across the nation to the hospital …