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Full-Text Articles in Law
Section 7433'S Statute Of Limitations: How Courts Have Wrongly Turned A Taxpayer's Exclusive Sword Into The Irs's Shield Against Damages , Diana Leyden
Cleveland State Law Review
Congress expressly authorized taxpayers to bring a private cause of action against the United States for economic damages caused by “unauthorized collection.” Codified as section 7433 of the Internal Revenue Code, this statute provides taxpayers with the exclusive remedy for abuses by IRS employees in connection with the collection of taxes. ... Despite the importance of section 7433 to check government unauthorized tortious collection activity, federal courts have turned section 7433 into a shield against excessive or unsupported IRS collection action, rather than maintain it as the small, but important, sword that Congress intended to give taxpayer. This Article contributes …
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Aedpa Statute Of Limitations: Is It Tolled When The United States Supreme Court Is Asked To Review A Judgment From A State Post-Conviction Proceeding, Diane E. Courselle
Cleveland State Law Review
This thirty-seven word provision [the tolling provision in the Antiterrorism and Effective Death Penalty Act] has been construed by the United States Supreme Court three times since 1996, and yet several questions remain unanswered. One such unanswered question is whether tolling occurs when a petitioner files a petition for writ of certiorari to the United State Supreme Court from the state court postconviction decision. In other words, does seeking the United States Supreme Court's review from a state court's final decision on an "application for State post-conviction or other collateral review" keep the state post-conviction application "pending?" That is the …
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Chazakah: Judaic Law's Non-Adverse Possession, Joshua A. Klarfeld
Cleveland State Law Review
This article questions the current doctrine of adverse possession. Rather than viewing adverse possession as a method of acquiring land, adverse possession should instead create a rebuttable presumption of ownership. Section II of this article describes adverse possession and outlines its elements. This section, in describing how the doctrine works, provides a framework for discussing how and why the law should change. Section III of this article describes chazakah. Unlike adverse possession, chazakah serves not as a tool by which a person acquires land, but instead creates a presumption of ownership. The true owner, however, may rebut that presumption. Chazakah …
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling
Cleveland State Law Review
This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
Cleveland State Law Review
This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe
Cleveland State Law Review
This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Commencement Of Statute Of Limitations For Malpractice Of An Attorney, James Gordon Joseph
Cleveland State Law Review
In almost all jurisdictions the statute of limitations for the malpractice of an attorney is between one and three years. Although some argue that this is too short a period, the main problem is not in the statute but in its application. Difficulty arises when a court must decide at what point the statute of limitations begins to run. To appreciate a court's problem, the nature and reasons behind statutes of limitations must be understood
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Radiation Injury In Workmen's Compensation, Richard E. Hendricks
Cleveland State Law Review
Whether because of expanded uses of the fruits of the nuclear age, or because of more insights into radiation caused diseases, in years to come more employees are likely to find themselves filing claims for workmen's compensation because of alleged radiation-caused diseases or illnesses. What are radiation diseases and injuries? Which occupations are likely to give rise to radiation exposure? Do present workmen's compensation laws provide coverage for such injuries and diseases, and to what extent? How is a claim processed? Can the present laws be improved, and what efforts are being made-or should be made-to im-prove them?
Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski
Statute Of Limitations In Malpractice Actions, Ernest A. Cieslinski
Cleveland State Law Review
The ill-treated patient has sought redress for medical malpractice by actions that sound in tort, in contract, or in fraud. As with other actions, the underlying policy of "peace and repose" of all statutes of limitations dictates that these actions be timely. In Ohio, for example, the time limit for an action for malpractice is one year.
Uninsured Motorist Coverage, Henry A. Hentemann
Uninsured Motorist Coverage, Henry A. Hentemann
Cleveland State Law Review
This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Statute Of Limitations In Cases Of Insidious Diseases, Elmer I. Schwartz, Byron S. Krantz
Cleveland State Law Review
The industrial revolution and technological development have brought concomitant legal problems unheard of at the common law. Fundamental principles of law evolved to incorporate the changes necessary to rule over a new way of life. Some of the problems of industrialization have been solved, others are in a state of flux, while myriad others are as yet unknown. This article concerns itself with one of the incidents of complex industrial progress-insidious disease, as viewed in the light (or dark) of the statute of limitations.