Law Commons^™

Criminal Law - Search And Seizure - Scope Of The Term - "Frisk"; State V. Henry, Anthony J. Occhipinti Jr.

Akron Law Review

State v. Henry' is a case involving prosecution for the unlawful possession of narcotic drugs. Henry was convicted on evidence obtained as a result of a "frisk." It should be made clear at the outset that a "frisk" is not a "full" search as is permitted in situations where there is probable cause for arrest. The "frisk" is limited to a protective search or pat-down of the outer clothing for the purpose of detecting weapons. Even though probable cause is not a condition precedent to a "frisk," the "frisk" is, nevertheless, governed by the Reasonableness Clause of the Fourth Amendment. …

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war.

Abolish Fault-Oriented Divorce In Ohio - As A Service To Society And To Restore Dignity To The Domestic Relations Court, John D. Cannell

Akron Law Review

A PROMINENT COMMON PLEAS JUDGE, who for 10 years has been presiding in the Domestic Relations Division of the Court of Common Pleas of one of Ohio's more populated counties, was recently heard to say: "Ohio's divorce law is hypocritical, lousy and archaic." About Ohio's divorce laws it has also been said: "Perhaps there is no statute in Ohio more abused than the statute concerning 'divorce and alimony.' Perhaps there is no statute under which greater imposition is practiced upon the court and more injustice done to individuals." These were the words of Judge Hitchcock of the Ohio Supreme Court …

The Ohio Rules Of Civil Procedure And Their Effect On Real Property Titles, Alvin W. Lasher

Akron Law Review

The revolution is here! It has come quietly, almost without a murmur of opposition or civil discord. Indeed, many who will be most profoundly affected by it were not-are not even now, perhaps-aware of its coming. But it is here, nevertheless. The revolution in question, of course, relates not to some massive proletarian uprising which many today profess to see upon the horizon, but to the revolution in Ohio procedural law which became effective on July 1, 1970. For a revolution indeed it is, bringing changes so sweeping in their nature that the procedural law, both statutory and judge-made, which …

Property Insurance For Ohio's Urban Areas, R. D. Welsh

Akron Law Review

Thirty-eight million dollars damage to property occurred in Watts in 1965, $49,000,000 in Detroit, and $10,000,000 in Newark, New Jersey in 1967, plus many others that have resulted in about $187,000,000 being paid in the five years ending in 1968. Until Watts, riot coverage was provided as an afterthought by the insurance industry with little or no additional charge. Besides this problem, insurers were faced with loss of reinsurance by foreign reinsurers alarmed by inability of Government authorities to maintain law and order.

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United States Senate, on July 28, 1945, by a vote of eighty-nine to two, passed the Resolution of Ratification of the Charter of the United Nations with the Statute of the International Court of Justice annexed thereto. The treaty had been formulated at the United Nations Conference on International Organization, in San Francisco, and signed on June 26, 1945.

An Examination Of Two Aspects Of The Nlrb Representation Election: Employee Attitudes And Board Inferences, William H. Fitzgerald, D. Richard Froelke

Akron Law Review

In any event, the National Labor Relations Board (NLRB) has, during the last 35 years, made the ballot, with its implications of order and stability, available to over 25 million American workers. Some may suppose that the bulk of union organization has already taken place and that today the election function of the NLRB is relatively unimportant. This is not the case.

The purpose of this paper is to examine, through the use of random sampling techniques, employee reactions to unions and employers, and to examine the effectiveness of NLRB policies followed in the regulation of representation elections.

The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke

Akron Law Review

In fiscal year 1968 more than a half million employees cast ballots in NLRB-conducted representation elections. Over the years more than twenty-five million employees have cast ballots in NLRB-supervised elections. Consequently, it seems worthwhile to review, in the light of the First Amendment, the NLRB's attempt to regulate the conduct of elections in which employees choose whether to become organized.

Rescue Units Operated By Municipal Fire Departments: Their Status Under The Doctrine Of Municipal Immunity, John D. Shuff

Akron Law Review

At the outset it should be indicated that the view taken by this writer does not purport to be unbiased. Rather, it is his intent to place a few more munitions in the arsenal of those who propose that the doctrine of municipal sovereign immunity be abrogated in its entirety.

The first part of the discussion (Section II) will focus upon the background and current status of the municipal immunity doctrine, with special emphasis upon the governmental-proprietary distinction. Section III will discuss the effects and interpretations of the Uniform Traffic Act and how they relate to municipal immunity. In addition, …

Ohio's Post-Gault Juvenile Court Law, Robert J. Willey

Akron Law Review

It is the writer's intention to compare Ohio's new juvenile code with that offered by the Crime Commission, with the Standards for Juvenile and Family Courts, and with the Uniform Juvenile Court Act, which was drafted to meet the constitutional requirements of Kent and Gault. These two cases now force one to reconsider in the juvenile court context the applicability of more formal procedural rules, as well as the applicability of all the Constitutional Rights contained in the Bill of Rights which have been incorporated (as far as criminal proceedings are concerned) into the Due Process clause of the Fourteenth …

The Secured Party And His Nemesis, The Trustee In Bankruptcy: After-Acquired Property, Unidentified Proceeds, And Selected Preference Problems, John P. Finan

Akron Law Review

A trustee in bankruptcy, in addition to succeeding to the rights of the bankrupt,' has several avoiding powers. Some of these avoiding powers are based on practices which, like vice, are of "so frightful mien that to be hated [need] but to be seen." Preferences may not be included among such practices. Indeed, the English view exhibits ambivalence towards preferences. At one time it regarded "preferences [as] the good fortune of the creditor." A later view was "that the preferring of one creditor over others within a short time of bankruptcy and in contemplation thereof, was a 'fraud on the …

Book Review: Psychiatric Justice, Alice M. Batchelder

Akron Law Review

In an era in which extensive judicial emphasis has been placed on "due process of law" in criminal proceedings, both in the federal courts and in the state courts, Dr. Szasz's book serves as a jarring reminder that in at least one vital area of the concept of due process, much remains to be done. The emerging definition of due process has enunciated the rights guaranteed the individual by the Fourth, Fifth, Sixth, and Fourteenth Amendments; and viewed within that framework, this book, although published in 1965, remains particularly timely, for Szasz, speaking as a psychiatrist, endeavors to demonstrate how …

Denial Of Speedy Trial - Mandamus For Dismissal: Smith V. Hooey, Charles F. Brumbach

Akron Law Review

The Court reasoned that the timely assertion by defendant-petitioner of his constitutional right to a speedy trial gave rise to a corresponding duty on the part of the state to bring him to trial without undue delay.The Court rejected the state's argument that Texas was, in this instance, free from Sixth Amendment constraints, observing that this argument was based on an erroneous conception of the nature of comity.

Given the recognized right to a speedy trial, and given the corresponding duty on the part of the state to affirmatively secure that constitutional right, the breach of such a duty will …

Infanticide - Requirement That The Victim Be Born Alive; State V. Dickinson, Richard R. Wilfong

Akron Law Review

This case is unique, because it is the first time a court has imposed a conviction of homicide for the death of a viable unborn fetus caused by an unlawful but unintentional act. The evidence is persuasive beyond a reasonable doubt that the defendant was operating a motor vehicle while under the influence of alcohol, without due regard for the safety and rights of others, and in such a manner as to endanger the life or property of other persons in lawful use of the streets and highways. The soundness of the court's finding depends upon a determination of the …

Duty Of Trial Judge When Defendant Objects To Competency Of His Counsel; State V. Deal, Nicholas T. George

Akron Law Review

Obviously, from the quoted statement, Justice Schneider felt that the Supreme Court had no way of knowing whether or not the objection was valid. The record failed to reveal why there was no alibi defense filed or why there were no defense witnesses called. The record being silent, one could hypothesize that appointed counsel talked to defendant's witnesses and felt that their testimony would be of no avail. Moreover, it is possible that after appointed counsel investigated the alibi defense he found it useless. It is here, to this third issue, that the force of the Supreme Court's decision must …

A National Landlord-Tenant Relations Act: A Legislative Proposal For The 1970'S, D. Richard Froelke

Akron Law Review

While education and employment are significant aspects of poverty law in this country, the focus of this paper is on housing in general and the recent development of tenant unions in particular. Specifically, the author proposes as a phase of a nationally developed program of housing for the 1970's the enactment of a federal National Landlord-Tenant Relations Act. Several thorough and thoughtful articles have recently been written' in which the vehicle of tenant unionization has been discussed and analyzed. Part II will briefly set forth the historical background of the tenant union concept. Part III will examine the case for …

The Administratioin Of Criminal Justice In The U.S.S.R., John H. Shoemaker

Akron Law Review

The above procedure in the United States is conducted as follows: on the state and local level by the local police departments, with the arraignment and indictment being handled by the local county prosecutor; or on the federal level by federal police agencies operating through the U. S. attorney. The incarceration of the convicted person is handled by county or state agencies on the one hand, or federal penal institutions on the other. One similarity between the Russian System and ours is that in United States criminal practice on the federal level the coordination and uniformity essential to reform and …

Legal Problems Involved In The Administration Of The A.D.C. Program In Ohio, C. David Hensal

Akron Law Review

The code provisions and their supplemental rules and regulations do not answer the question of whether an individual has a "right" to welfare benefits. There has been little litigation over the point; consequently, there has been little judicial analysis of the relative rights and duties of the parties involved. Too much is left to the inexpert good intentions of the agency administrator. However, some reasonably well-defined problems have begun to emerge. Certain justiciable issues are being delineated with more and more clarity. The purpose of this Comment is to examine some of these problem areas and to offer some analysis …

Construction Mortgage Financing In Ohio, Malcom B. Ramey, Robert A. Jefferies Jr.

Akron Law Review

This article consists of a review and analysis of the Yarborough decision and the open-end mortgage statute and an assessment of their probable impact upon current construction loan lending procedures. In addition, the authors offer various observations regarding the form in which disbursing agreements and construction mortgage deeds should be drafted. The structure of the article may be briefly described as follows: First, attention will be given to the three methods by which a mortgagee can preserve the priority of its mortgage lien over liens of mechanics men which attach to the mortgaged premises after the recording of the mortgage …

Book Review: The Role Of Psychiatry In Law, Leslie J. Martin

Akron Law Review

If you ask the man on the street about his views on the criminal law, typically his response will include a commentary on some notorious crime. What impresses him most about that crime? Commonly his answer will be that he was amazed that the "murderer" was able to escape conviction by invoking the defense of insanity. This view is remarkably prevalent. It is the same view which led Queen Victoria to ask Parliament to formulate the rigid M'Naghten Rule in 1843. This test of insanity survives to the present day, perplexing many members of the legal profession and alienating most …

Privilege Against Self-Incrimination - Right To Compel A Suspect To Perform Physical Acts; City Of Piqua V. Hinger, Charles P. Brumbach

Akron Law Review

The writer respectfully disagrees with the Ohio Supreme Court's interpretation of Schmerber as standing for the proposition that such compelled evidence is admissible under the Fifth Amendment to the Constitution. In Schmerber the court merely recognized the evidential distinction between real and testimonial or communicative evidence and ruled that the distinction was determinative in that case. The court acknowledged that there are many possible situations in which the distinction could not so readily be applied. It is submitted that the facts of the instant case present one of those situations.

Child Custody Contests - Rights Of The Father; Mcdanial V. Mcdanial, Howard Walton

Akron Law Review

In an Ohio divorce action when there is a contest for the custody of a minor child, the proper standard to be employed by the court is: what arrangement will be in the best interest of the child?' In an action for modification of a custody award the same standard is applicable. A statute provides that one parent is not preferred over the other; however, all other considerations being equal, custody will normally be given to the mother, provided that she is fit.

The Protection Accorded Picketing By The First Amendment, Joseph J. Corso

Akron Law Review

In the context of labor law, the origin of the relationship between free speech and peaceful picketing is the case of Thornhill v. Alabama. The speech aspects of picketing and the necessarily accompanying First Amendment protections were stressed by the Supreme Court in holding unconstitutional a state statute which constituted a broad ban on all picketing. The Court expressly limited the holding by recognizing that a narrowly worded statute, such as one merely interdicting picketing en masse or picketing portending imminent danger may be valid. An additional limitation of the decision is the fact that it was reached under a …

The Effects Of The Fair Use Doctrine On Text-Book Publishing And Copying; Part Ii, Roger Billings

Akron Law Review

Although not expressly authorized by law, it has, through custom, become regarded as a fair use for scholars to make handwritten copies of copyrighted materials needed for research. The basis for allowing hand-copying is that it is such a slow, tedious method of reproduction that scholars usually choose to purchase the complete work rather than to hand-copy excerpts from it. Consequently, hand-copying does not significantly reduce publishers' sales. However, this reasoning obviously cannot be applied to photocopying. As photocopying, a fast and convenient process, becomes cheaper than buying the book, when a professor desires to make a complete volume for …

An Examination Of The Condonation Doctrine, Marvin M. Moore

Akron Law Review

Under American and English Law a spouse who has once condoned a marital transgression by his mate is thereafter barred from using that transgression as grounds for divorce. All of the common grounds for divorce, including adultery, cruelty, habitual drunkenness, and desertion, are subject to the condonation principle. The doctrine had its origin in the canon law of the Roman Catholic Church, where it was applied by the ecclesiastical courts in adjudicating petitions for divorce (amensa et thoro) grounded on cruelty or adultery. The principle survived the changes caused by the Reformation to subsist as part of English ecclesiastical law, …

Book Review: The Warren Court: Constitutional Decision As An Intrument Of Reform, Dale A. Normington

Akron Law Review

Although Americans usually associate the significant events of their political history with the contemporaneous presidential administration, since the appointment of Earl Warren as Chief Justice of the United States Supreme Court the judiciary has wrought more significant changes in our society than have the three administrations who have served during the same period. In the fifteen years since Justice Warren's appointment the Supreme Court has profoundly altered many constitutional doctrines, including those affecting race relations, criminal procedure, and election operations. The controversy surrounding the court's decisions has been sharp.

The Effect Of The Fair Use Doctrine On Text-Book Publishing And Copying, Roger Billings

Akron Law Review

Perhaps nowhere will photocopying be more beneficial than in the field of education. The question is, what effect will it have on publishing? Senator Quentin Burdick stated the basic problem when he said, ". . . [Y]ou have someone who spends years in perfecting a textbook, and all of a sudden it is used free of charge. Where does he sell textbooks?" The problem of unauthorized photocopying of textbooks is considered one of the more difficult ones encountered in the area of fair use, an area itself regarded as one of the most troublesome in the whole law of copyright. …

Relief Under A Defective Municipal Contract In Ohio, George D. Vaubel

Akron Law Review

Th rapidly increasing tempo of concern for urban problems is giving rise to an ever-expanding range of literature devoted to their possible solution. Even in what might be considered a backwater of interest, the problems of municipal contracting, periodic examinations have taken place. Unfortunately, these have been undertaken almost exclusively by legal commentators, as most courts have been reluctant to make reassessments in a field in which the law at best must be considered to be largely an outgrowth of nineteenth century problems, thinking, and decisions. A recent case decided by the Ohio Supreme court, Pincelli v. Ohio Bridge Corp. …

Territorial And Customer Restrictions In Franchise Agreements Under The Antitrust Laws, Donald M. Jenkins

Akron Law Review

The growth of franchising as a marketing vehicle in the past decade has been apparent to the American consumer. Several factors have contributed to this growth. This kind of distribution system can be achieved with less capital outlay and in a shorter time span than most other distribution systems require. Some products and services gain greater consumer acceptance if they stand alone in the market place than when they are co-mingled with other products. Wholesalers in certain product lines, such as food and drugs, have found it necessary to form voluntary chains based upon franchise agreements to meet the competition …

Book Review: Abortion, Stanley Green

Akron Law Review

This work undertakes an examination of the social and legal problems associated with abortion in the United States today. Lader begins by discussing an incident which attracted considerable newspaper coverage in 1962-Sherri Finkbine's futile efforts to obtain a legal abortion in America after taking the drug thalidomide, which gravely deforms the fetus in a high percentage of cases.The author expresses regret that an American doctor did not perform an abortion upon Mrs. Finkbine and then inform the authorities of his action, thereby making the matter a test case. Lader feels that much good would have been accomplished by having the …