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Full-Text Articles in Law

Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman Jan 2001

Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman

Cleveland State Law Review

This Article constructs a conservative legal framework to guide planners in conventional planning activities. It further proposes that planners should apply the model to these conventional activities, but work closely with the municipal attorney before adopting more innovative and controversial planning devices.This Article proceeds in four major sections. Section I commences, with historical reviews: major changes in land use planning within the last 50 years, the land development problems associated with those changes, and judicial responses to these same problems. Comparisons are frequently made between cases from a rustbelt Midwestern state (Ohio) and cases from a faster growing sunbelt state …


Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber Jan 2001

Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber

Law Faculty Articles and Essays

Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …


Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler Jan 2001

Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler

Cleveland State Law Review

In this Article, I seek to review the state of affairs under the Ohio deregulation plan by identifying first the present circumstances in the Ohio electricity utility marketplace and second options that other states, which have not yet deregulated, should consider in developing their plans. In Part I, I examine the current state of electricity utilities in Ohio and the pressures on the legislature that led to calls for deregulation. In Part II, I briefly consider the existing regulatory framework on the state and federal levels. In Part III, I analyze the Ohio deregulation plan with a focus on whether …


The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg Jan 2001

The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg

Cleveland State Law Review

With each community considered, I will try to paint a picture of the many collectivizing factors at work: (1) the history or tradition of the community; (2) its underlying ideology, belief and value systems, and/or common interests or goals; (3) the nature of its communalism; (4)the nature of its isolation from the outside world; and (5) its decision-making and governance structure. Finally, I will look to its "gate-keeping" or circumference-drawing functions-how the community controls deviance and maintains unity within, while distinguishing itself from the chaos without. In Section I, I will consider two extreme examples of community (the Oneida Community …