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Articles 121 - 150 of 238

Full-Text Articles in State and Local Government Law

Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee Apr 2007

Collaborative Public Audit Of The November 2006 General Election, S. Candice Hoke, Collaborative Audit Committee

Law Faculty Reports and Comments

We hope that this Audit Report will assist the Ohio Secretary of State, all Ohio local Boards of Election, election reform organizations, and other election officials nationwide in seeing how an independent audit process can be created and function at the local level. Additionally, we hope the public will recognize that this Report contains the kind of information that all election administrative agencies need to better achieve the public charge for producing accurate election results and to facilitate sound improvements in election administrative practices.

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Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon Jan 2007

Speeding Towards Disaster: How Cleveland's Traffic Cameras Violate The Ohio Constitution, Kevin P. Shannon

Cleveland State Law Review

Part II of this paper describes the history and development of traffic cameras. It includes a discussion of how the two systems used by Cleveland (red-light and speeding cameras) operate. It also gives a general background of the relationship between cities and camera vendors. Part III provides the legal background of traffic cameras. It begins by examining the various arguments that have been leveled against cameras and then examines the litigation to date challenging traffic cameras. Next, this Note discusses the scholarly literature on the subject and explains how this argument situates itself in the debate. Part IV gives traffic …

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Kelo: One Year Later, Alan C. Weinstein Jan 2006

Kelo: One Year Later, Alan C. Weinstein

Law Faculty Articles and Essays

June of 2006 marked the first anniversary of the United States Supreme Court's ruling in Kelo v. City of New London, making this a good time to analyze the past year's flurry of activity and assess what it means for local governments. As of mid-May of 2006, more than forty states were considering legislation in reaction to the Kelo ruling, and fifteen have already enacted such legislation.

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Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes Jan 2006

Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes

Law Faculty Reports and Comments

The Panel was charged with identifying the deficiencies in the May 2, 2006 Cuyahoga County election, ascertain the causes and contributing factors of those deficiencies and provide recommendations to remedy the deficiencies.

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Ohio's New Modified Joint And Several Liability Laws: A Fair Compromise For Competing Parties And Public Policy Interests, Clare Elizabeth Krumlauf Jan 2005

Ohio's New Modified Joint And Several Liability Laws: A Fair Compromise For Competing Parties And Public Policy Interests, Clare Elizabeth Krumlauf

Cleveland State Law Review

This Note contends that if Ohio insists on retaining some form of joint and several liability, the recently adopted modified version is a desirable alternative to returning to the pure form. As compared to the pure form, the modified version promotes a more balanced tort system and represents a fair compromise to the competing interests of both plaintiffs and defendants. Part II of this Note reviews the history of joint and several liability and examines Ohio's application of this legal doctrine. Part III looks at prior constitutional challenges to various tort reform measures, and analyzes these challenges in light of …

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Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald Jan 2005

Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald

Cleveland State Law Review

Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses …

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The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel Jan 2004

The Failure Of Ohio's Drug Treatment Initiative, Tamara Karel

Cleveland State Law Review

In the summer of 2002, proponents of Issue 1 "The Ohio Drug Treatment Initiative," (hereafter referred to as the Initiative) succeeded in getting the proposal on the November ballot. The Initiative proposed an amendment to the Ohio Constitution that would have required courts to approve requests for treatment when made by eligible nonviolent drug offenders. The Amendment sought to (1) allocate a fixed amount of the state's General Revenue Fund to pay for the opening and operating of new treatment centers, (2) limit prison sentences for users and possessors to ninety days, and (3) provide for the sealing and expungement …

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Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian Jan 2004

Ohio's Constitutions: An Historical Perspective, Barbara A. Terzian

Cleveland State Law Review

This article takes us from 1802 to the present, through two state constitutions and four constitutional conventions. The author shows how the crucible of history shaped and reshaped the Ohio Constitution - from early struggles, on the very threshold of statehood, between Jeffersonian Republicans and Federalists; to the pressures exerted in their respective eras by Abolitionists, Progressives, and Prohibitionists; to the quests for suffrage by blacks and women; to the economic impact of the Civil War and the growing industrialization of subsequent decades. Terzian performs this survey with careful attention to the political dynamics at each of Ohio's constitutional conventions …

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An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin Jan 2004

An Ohio Dilemma: Race, Equal Protection, And The Unfulfilled Promise Of A State Bill Of Rights, Jonathan L. Entin

Cleveland State Law Review

Race was a central issue in Ohio from the very beginning. The original state constitution of 1802 and the successor constitution of 1851 explicitly limited suffrage to whites even as both documents forbade slavery. Moreover, the legislature imposed various legal disabilities and restrictions on African Americans. For much of the Nineteenth Century, however, the Ohio Supreme Court tried to narrow the scope of those restrictions by developing a distinctive jurisprudence that was in some respects more progressive, and in general less obnoxious, than that developed in other states and by the U.S. Supreme Court. Before the end of the century, …

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Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman Jan 2004

Ohio Joins The New Judicial Federalism Movement: A Little To-Ing And A Little Fro-Ing , Marianna Brown Bettman

Cleveland State Law Review

Bettman analyzes Ohio Supreme Court decisions construing the Speech, Press, Search and Seizure, Free Exercise, and Establishment Clause analogues of the Ohio Constitution. Here in Ohio, she concludes, New Judicial Federalism remains in its infancy. The Ohio Supreme Court is still struggling with the fundamentals of state constitutional interpretation. It remains heavily dependant on federal methodology when construing analogous provisions of the state constitution. Bettman gives us the unique perspective of a law professor who previously served as an Ohio appellate court judge. This perspective sensitizes her to the current political make-up of the Ohio Supreme Court. Today's court, she …

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Recalibrating Justiciability In Ohio Courts, Michael E. Solimine Jan 2004

Recalibrating Justiciability In Ohio Courts, Michael E. Solimine

Cleveland State Law Review

The term "separation of powers" does not appear in either the United States or Ohio Constitutions, but the concept has important implications for the adjudication of rights under both documents. In federal courts, litigants must possess certain characteristics, summarized under the rubric of "standing," to pursue such cases. To have standing, litigants traditionally must have suffered a concrete and ripe injury that was the result of the allegedly unlawful conduct. And even when those criteria are satisfied, cases that call for "political questions" to be resolved can be dismissed by federal judges. These limits to federal court authority are drawn …

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Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill Jan 2004

Foreword: The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin F. O'Neill

Law Faculty Articles and Essays

This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. …

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State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson Jan 2004

State Constitutional Law, New Judicial Federalism, And The Rehnquist Court , Shirley S. Abrahamson

Cleveland State Law Review

Today, I believe, we find ourselves at an interesting crossroads. Over the past few decades, under the banner of new judicial federalism, many state courts have asserted a role for state constitutions in the protection of individual liberties and the resolution of legal disputes. This outburst of state constitutional fervor, however, has been met with great criticism from different camps, all believing that the uniformity provided by our federal constitution as interpreted by the U.S. Supreme Court should guide state court decisions and especially state constitutional interpretation. At the same time, the very ability of state courts to decide state …

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The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams Jan 2004

The New Judicial Federalism In Ohio: The First Decade , Robert F. Williams

Cleveland State Law Review

There are a number of tentative conclusions that may be reached based on this selective analysis of the Ohio Supreme Court's first decade of experience with the New Judicial Federalism. First, the court is to be commended for taking the first steps toward recognizing the Ohio Constitution as a document of independent political and legal force. The Arnold decision, together with the others discussed in this article, serve to alert the lower bench, the bar, the media, and students and professors to the potential contained within state constitutions. Next, to the extent that there is inconsistency to be detected in …

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Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven Jan 2004

Turn Down The Volume: The Constitutionality Of Ohio's Municipal Ordinances Regulating Sound From Car Stereo Systems, Stuart A. Laven

Cleveland State Law Review

This article will examine municipal ordinances criminalizing the emission of sound from car stereo systems in excess of proscribed limits, including the methods adopted to measure offending sound and the penalties imposed for violations, the Ohio (and certain non-Ohio) cases which have challenged the constitutionality of such ordinances, and certain constitutional aspects of such ordinances and their enforcement which have yet to be addressed.

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The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill Jan 2004

The Ohio Constitution On The Occasion Of Its Bicentennial, Kevin Francis O'Neill

Cleveland State Law Review

This symposium issue of the Cleveland State Law Review publishes the papers that were presented at a conference marking the bicentennial of the Ohio Constitution. That conference, held here at Cleveland-Marshall College of Law in April 2003, examined the history and assessed the vitality of-our state constitution. The conference was conceived and its planning was supervised by our Dean, Steven H. Steinglass, who has devoted significant scholarly attention to the Ohio Constitution. In light of my own endeavors in state constitutional law, both as a lawyer and as a scholar, I gladly assisted Dean Steinglass in organizing the conference. In …

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Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush Jan 2004

Separation Of Powers In Ohio: A Critical Analysis, Curtis Rodebush

Cleveland State Law Review

The goal of this Article is to provide a basic framework from which to begin a separation of powers analysis under the Ohio Constitution. In addition, this Article offers some insights into how a separation of powers controversy should be dissected and suggests some directions that Ohio courts should take in the future. Part I of this Article presents useful background information on the separation of powers doctrine, including its origin, its treatment in the Ohio Constitution, predominant theories of analysis, and relevant Ohio cases. Part II (A) hypothesizes a general approach with which to begin a separation of powers …

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Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade Jan 2004

Of Disunity And Logrolling: Ohio's One-Subject Rule And The Very Evils It Was Designed To Prevent, Stephanie Hoffer, Travis Mcdade

Cleveland State Law Review

This article looks at the one-subject rule's history and significant jurisprudence with particular note of any rules that can be determined. Next, we address the court's use of the rule in the controversial case of State ex rel. Ohio Academy of Trial Lawyers v. Sheward. Finally, we look at Amended Substitute Senate Bill No. 281-recently passed by the Ohio General Assembly-to determine if it will pass one-subject muster under recent jurisprudence.

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Constitutional Common School, Molly O'Brien, Amanda Woodrum Jan 2004

Constitutional Common School, Molly O'Brien, Amanda Woodrum

Cleveland State Law Review

In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …

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Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly Jan 2004

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …

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Ohio Constitutional Interpretation, Richard B. Saphire Jan 2004

Ohio Constitutional Interpretation, Richard B. Saphire

Cleveland State Law Review

Saphire provides a detailed review and critique of the Ohio Supreme Court's interpretive methodology since 1984. This examination, superb in itself, is rendered all the more valuable by Saphire's inclusion of two other discussions - one placing the Ohio experience in a larger historical context, the other probing the legitimacy and limits of New Judicial Federalism. Saphire concludes that the Ohio Supreme Court's commitment to state constitutional independence has been marked by inconsistency and ambivalence. This trend will continue, he suggests, until the court develops and articulates a theory of Ohio constitutional interpretation - something that it has so far …

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Community Health Centers: Health Care As It Could Be, Juniper Lesnik Jan 2004

Community Health Centers: Health Care As It Could Be, Juniper Lesnik

Journal of Law and Health

This article explores the potential of community health centers (CHCs) to become a central component providing health care in America. It focuses on health centers as a proposed solution to the dual national problems of access to care and the shortage of primary care doctoring. It argues that CHCs have the capacity to address the problem of access to health services and to provide a vibrant model for the revival of primary care. Part I deals with the history, structure, current scope, and funding of CHCs. Part II looks at national health care goals and how CHCs are uniquely poised …

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Civil Rights For Gays And Lesbians And Domestic Partner Benefits: How Far Could An Ohio Municipality Go , Mark A. Tumeo Jan 2002

Civil Rights For Gays And Lesbians And Domestic Partner Benefits: How Far Could An Ohio Municipality Go , Mark A. Tumeo

Cleveland State Law Review

It can be seen from the analyses in this Article that ordinances which grant domestic partnership benefits and/or civil rights to gays and lesbians will probably face a complex gambit of legal challenges under state law, federal law, and both State and U.S. Constitutions. Current law and current common practice in the State, however, indicates that municipalities probably have almost unfettered power to pass ordinances that either grant protection or deny protection to gays and lesbians in the area of employment and housing discrimination within the municipalities jurisdiction. The situation is not as clear when it comes to domestic partnership …

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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 …

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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 …

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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 …

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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 …

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The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin Jan 2000

The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin

Cleveland State Law Review

This Comment examines Morales and the Court's treatment of anti-gang loitering statutes under the vagueness doctrine. Part II examines the City of Chicago's attempt to tackle the problem of gangs terrorizing its citizens and how the Illinois courts dealt with the ordinance. Part III then examines the reasons for the United States Supreme Court invalidating the ordinance, with equal emphasis placed on all the Justice's opinions. Part IV then analyzes the implications of the Court's decision, criticizing the plurality's creation of a fimdamental right to loiter and demonstrating how the ordinance survives a vagueness challenge.

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The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein Jan 2000

The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein

Law Faculty Articles and Essays

Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been …

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The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem Jan 2000

The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem

Cleveland State Law Review

This panel will discuss the prospects and perils of local human rights initiatives. Specifically, I will talk about the nature of these local initiatives and their advantages and disadvantages. Time permitting, I will also talk about our successful effort last year in Toledo, Ohio to pass a human rights ordinance that includes sexual orientation as a protected category, and why it is so crucial that lawyers and law professors become involved in these local campaigns. I believe that with determination, most communities can achieve what we did in Toledo. Local human rights ordinances (HROs) take a variety of forms, and …

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