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Articles 1 - 8 of 8
Full-Text Articles in Law
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber
Law Faculty Articles and Essays
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Cleveland State Law Review
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. This article discusses the two primary cases in which the court has won its war with the legislature by replacing the legislative words and intent with judicial interpretations. Part II begins the discussion with a look at the Carrel v. Allied …
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz
Cleveland State Law Review
One hundred and forty-seven years after its adoption, the one-subject rule of the Ohio Constitution continues to generate debate. What emerges from its origin at the 1850-1851 Ohio Constitutional Convention, its early application in the Pim decision and its survival at the 1873-1874 Ohio Constitutional Convention, however, are the principles that the purpose of the rule is (1) to notify legislators of the content of bills on which they vote after having dispensed with the required reading; and (2) to avoid the joinder of unrelated measures that could not win separate support during the legislative process. The one-subject clause thus …
Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.
Cleveland State Law Review
The common-law doctrine of failure to exhaust administrative remedies has generally been held to be a prerequisite to judicial review in statutorily defined administrative law appeal processes. Similarly, the United States Supreme Court in interpreting the federal administrative law appeal process, and the case law on Ohio's administrative law appeal process, have found that the doctrine of exhaustion is a jurisdictional bar to a declaratory judgment action except while challenging the constitutionality of a municipal or administrative decision. However, according to the holding in Jones v. Chagrin Falls, this may no longer be the case in Ohio. This article discusses …
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
Cleveland State Law Review
This article seeks to discern a bright-line rule for the unauthorized practice of law in Ohio by paralegals. Part I briefly introduces the growth of the paralegal profession in general. Part II discusses Ohio cases dealing with the unauthorized practice of law. Part III explains what legal services non-lawyers are permitted to perform under the supervision of a practicing attorney. Part IV then discusses the evolution of paralegal practice in other states before Part V summarizes what paralegals are permitted to do under Ohio law.
Please Senator, I Want Some More: The General Assembly Gets An F Form The Derolph Court , Ronald M. Mcmillan
Please Senator, I Want Some More: The General Assembly Gets An F Form The Derolph Court , Ronald M. Mcmillan
Cleveland State Law Review
On March 24, 1997, the Ohio Supreme Court took an important stand against the impoverishment of our state's schools. In DeRolph v. State, the court ruled that a state school funding system violates state constitutional provisions because the state school funding system fails to meet the constitutional mandate to provide a "thorough and efficient" system of public schools. Part II of this Comment will describe the procedural history of the DeRolph matter. Part III will discuss the majority opinion and its rulings on the justiciability of the matter, the inadequacies of Ohio's school funding system, and the history of the …
Ballot Format: Must Candidates Be Treated Equally , Richard Winger
Ballot Format: Must Candidates Be Treated Equally , Richard Winger
Cleveland State Law Review
This article's purpose is to explore and discuss a major inequality currently plaguing the realm of ballot format-the non-uniformed partisan labeling of election ballots. This will be accomplished by answering the following question: if a ballot lists partisan labels for some candidates must it list similar labels for all? This article endorses the idea that an election ballot should be fairly constructed. Governments preparing a voting ballot so its design does not significantly disadvantage any class of listed candidates seems perfectly reasonable. Despite this seemingly logical approach, some state laws provide that certain classes of candidates are entitled to preferential …
Land Use And The First Amendment, Alan C. Weinstein
Land Use And The First Amendment, Alan C. Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
The past year saw no cessation in cases reporting on the conflicts that arise when local land-use regulation is applied to uses claiming protection under the First Amendment. This report highlights the major developments in this area.