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Articles 151 - 180 of 238

Full-Text Articles in State and Local Government Law

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein Jan 1999

Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …

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The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim Jan 1998

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …

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The History Of The One-Subject Rule Of The Ohio Constitution, John J. Kulewicz Jan 1997

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 …

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Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr. Jan 1997

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 …

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Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber Jan 1997

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 …

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Ballot Format: Must Candidates Be Treated Equally , Richard Winger Jan 1997

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 …

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The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills Jan 1997

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.

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Please Senator, I Want Some More: The General Assembly Gets An F Form The Derolph Court , Ronald M. Mcmillan Jan 1997

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 …

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Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber Jan 1997

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 …

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Land Use And The First Amendment, Alan C. Weinstein Jan 1997

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.

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Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber Jan 1996

Ohio Tort Reform Versus The Ohio Constitution, Stephen J. Werber

Law Faculty Articles and Essays

Ohio tort law is about to be changed in a dramatic and comprehensive manner. House Bill 350 will be enacted as a major piece of tort reform legislation with provisions substantially like those discussed herein. The vast majority of this legislative change is directed to areas of the law in need of change and the restoration of balance. Most of the proposed changes either raise no constitutional concerns or should be deemed in compliance with the Ohio Constitution. In a few areas, most notably statutes of repose and limitations on damages, the governmental need is weak, the effect drastic, and …

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Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On Land Use And The First Amendment, Alan C. Weinstein Jan 1995

Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On 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 two major developments in this area - the courts' the treatment of claims brought under the Religious Freedoms Restoration Act of 1993 and the latest decision of the U.S. Supreme Court concerning sign regulation, City of Ladue v. Gilleo, and discusses other cases involving regulation of religious institutions, adult businesses and signs.

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An Overview Of Ohio Product Liability Law, Stephen J. Werber Jan 1995

An Overview Of Ohio Product Liability Law, Stephen J. Werber

Law Faculty Articles and Essays

Enactment of the Ohio Product Liability Act (the “Act”), which took effect on January 5, 1988, created an exclusive statutory basis for all tort based product liability claims. The statute, while eliminating the term “strict liability in tort,” is primarily a codification of preexisting common law. The Act provides that product liability claims may be predicated on one of four theories: defects in manufacture or construction; defects in design or formulation; defect in warning or instruction, and failure to conform to representation. Each of these theories had previously been recognized by the courts. For example, the requirements for a cause …

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The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill Oct 1993

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Law Faculty Articles and Essays

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …

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Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus Sep 1993

Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus

Law Faculty Briefs and Court Documents

A City of Cleveland Ordinance leasing space in the airport to the Catholic Diocese of Cleveland for use as a chapel, which is available to religious groups and persons of all faiths does not violate the Establishment Clause of the First Amendment.

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Municipal Annexation In Ohio: Putting An End To The Bitter Battle, Mary Shannon Place Jan 1993

Municipal Annexation In Ohio: Putting An End To The Bitter Battle, Mary Shannon Place

Cleveland State Law Review

Recent decades, marked by steady population growth, have seen the evolution of a distinctly urban nation. The multiplicity of local governments within metropolitan areas has raised serious questions about the efficiency and equity of fragmented government organizations. Critics argue that the existence of multiple local governments in metropolitan areas leads to an inequitable allocation of public goods and services, inefficient patterns of area land use and development, and counterproductive competition for new fiscal resources and territorial autonomy. Moreover, the urbanized landscape poses problems of community leadership. And sadly, municipal annexation in Ohio has fallen far short of its potential to …

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Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii Jan 1993

Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii

Cleveland State Law Review

The Clean Water Act makes it unlawful for anyone, including municipalities, to discharge a pollutant into navigable waters except as authorized by specific sections of the Act. To implement this prohibition, as well as the exceptions, the Act established a complex system regulating all discharges into the navigable waters of the United States. Under the Act, the discharge of pollutants without a permit or in violation of a permit condition may result in civil penalties and/or a criminal penalty per day per violation. While these penalties could be extremely costly for municipalities, the problem becomes even more severe because many …

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Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber Jan 1992

Industrial Property Transfer Liability: Reality V. Necessity, Ellen Joanne Gerber

Cleveland State Law Review

Under the Comprehensive Environmental Response Compensation and Liability Act, the current owner is liable for the cleanup of hazardous waste, even if a previous owner was responsible for the soil and groundwater contamination, unless he can prove he is an innocent landowner. In response to CERCLA, many owners of industrial facilities have chosen to relocate their companies to rural areas. Unfortunately, these actions have a substantial impact on former industrial urban areas. Section II of this article discusses the liability of a landowner in a CERCLA action. In addition, it sets forth the elements of the innocent landowner defense and …

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Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani Jan 1992

Mental Stress And Ohio Workers' Compensation: When Is A Stress-Related Condition Compensable, Fred J. Pompeani

Cleveland State Law Review

Recent national studies have confirmed that workplace stress knows no occupational boundaries and, moreover, threatens the psychological well-being of the United States work force. Stress-related claims are expected to increase through the 1990s, and recent commentators fear that this predicted increase in stress-based claims will destroy some states' workers' compensation systems. Because of the potential for fraudulent claims and costly litigation, many states have moved to define and limit the situations in which workers are eligible for stress-related benefits. Limitations have come in the form of legislative enactments or judicial decisions establishing specific requirements or restrictions regarding stress claims. The …

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From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham Jan 1991

From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham

Cleveland State Law Review

The role of the hospital in the field of medicine has evolved significantly in recent decades. Now hospitals privately distance themselves as far as possible from the acts of the negligent physician. Courts have intervened in recent years and expanded the scope of vicarious hospital liability. This Note will begin with a brief history of vicarious hospital liability. Next, it will examine the elements of two doctrines which are being used to impute such liability to hospitals - agency by estoppel and ostensible agency - and determine how each has been applied by courts across the nation to the hospital …

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Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett Jan 1991

Unknown Effects Of Wood V. Shepard On Uninsured And Underinsured Motorist Coverage In Ohio, Gary D. Plunkett

Cleveland State Law Review

The Ohio Supreme Court in Wood v. Shepard had occasion to interpret Ohio's wrongful death statute in conjunction with Ohio's uninsured and underinsured motorist statute (UUM). The court held that the wrongful death of an insured creates separate claims that are not subject to a single person limit of liability in the deceased insured's UUM coverage. Wood is a nebulous decision. It overcompensates the deceased insured's surviving family members and turns the deceased insured's UUM coverage into a bottomless well from which the surviving family members may draw compensation. The full effect of Wood is yet unknown. What is known, …

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The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung Jan 1991

The Application And Misapplication Of Ohio Rule Of Civil Procedure 54(B), Diane S. Leung

Cleveland State Law Review

The rules of civil procedure, seemingly straightforward, can be misinterpreted due to attorney inattentiveness. One rule which has suffered and still is suffering from misinterpretation and misapplication is Ohio Rule of Civil Procedure 54(B), judgment upon multiple claims or involving multiple parties, the subject of this note. The following discussion, an analysis of Rule 54(B), will attempt to accomplish several tasks. First, the note will briefly describe the history, nature, and purpose of the rule. Secondly, it will analyze the major aspects and requirements of Rule 54(B). The analysis will emphasize the facets of the rule which have often been …

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Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi Jan 1990

Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi

Cleveland State Law Review

Recent count indicates that 10,000 Americans now remain, for whatever reason, in an incurable and persistent vegetative condition, trapped in a state of life made possible by aggressive life support systems. A dilemma exists: How do these non-cognitive individuals fit into the legal definitions of life and death? What rights do they, their guardians, or others have in decisions concerning artificial life support, including nutrition and hydration? To resolve the dilemma, a policy based on sound reasoning needs to be established in Ohio to determine if and when the termination of life support, including nutrition and hydration, can occur. Recently, …

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Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty Jan 1988

Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty

Cleveland State Law Review

Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant …

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Judicial Approaches To Urban Housing Problems - A Study Of The Cleveland Housing Court, W. Dennis Keating Apr 1987

Judicial Approaches To Urban Housing Problems - A Study Of The Cleveland Housing Court, W. Dennis Keating

All Maxine Goodman Levin School of Urban Affairs Publications

This article reviews the role and impact of urban housing courts. It analyzes the findings of a detailed empirical study of Cleveland's housing court, which began operations in April 1980, and discusses the relationship of this court to code enforcement and resolution of landlord-tenant disputes. The court's role in innovative remedies, especially the appointment of receivers for abandoned housing, is also discussed and reforms are suggested. The article concludes with an overall assessment of the potential of housing courts to deal effectively with urban housing issues.

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The Close Corporation Under Ohio Law, Forrest B. Weinberg Jan 1987

The Close Corporation Under Ohio Law, Forrest B. Weinberg

Cleveland State Law Review

Section 1701.591 of the Ohio Revised Code is Ohio's close corporation law. It provides, through the use of a "close corporation agreement," the mechanism, first, for implementing unprecedented informality in the functioning of a close corporation and, second, for establishing a legal relationship among the shareholders that is essentially the same as that provided by law for members of a partnership. The new law will have the major impact it deserves only as the result of initiative taken by Ohio attorneys engaged in the formation and ongoing representation of close corporations. It is hoped that this article will help motivate …

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The New Intoxication Defense For Ohio Employers, Terry A. Donner Jan 1987

The New Intoxication Defense For Ohio Employers, Terry A. Donner

Cleveland State Law Review

Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …

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Observations On Personal Injury Law, Stephen J. Werber Oct 1986

Observations On Personal Injury Law, Stephen J. Werber

Law Faculty Articles and Essays

When I originally came to Ohio in 1970, I was surprised to find that the Ohio state courts lagged considerably behind other states in the development of personal injury law and especially product liability law. Under the leadership of Chief Justice Frank Celebrezze, the court's position was re-oriented. With decisions adopting and liberally defining strict liability, the court took a major step. Shortly thereafter, the court ruled that neither the Ohio Constitution nor any Ohio legislation insulated an employer from liability to employees for intentional torts. These, and other changes, have moved Ohio to the forefront of legal development in …

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National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec Jan 1986

National Minimum Drinking Age Act Of 1984: Once Again Congress Mails Home Another Fist, Kevin Kadlec

Cleveland State Law Review

This Note will examine the federal interest as it conflicts with the states' interest in setting their own drinking ages, which are derived from section two of the twenty-first amendment and the tenth amendment, respectively. This conflict is given sharper focus when examined in the context of Supreme Court tests and balancing measures developed in recent decades in these constitutional arenas. A controversy has arisen because of the congressional imposition of a national minimum drinking age on the states through coercive withholding of federal funds. It is the purpose of this Note to examine the controversy created by the Drinking …

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Local Hire And The State-Market-Participant Doctrine: A Trojan Horse For The Commerce Power Of Congress, Charles H. Clarke Jan 1984

Local Hire And The State-Market-Participant Doctrine: A Trojan Horse For The Commerce Power Of Congress, Charles H. Clarke

Cleveland State Law Review

"Local hire" laws require that when units of local government hire employees a preference be given to residents of the governmental unit. These laws affect employees directly hired by the city or state, as well as employees hired by private contractors to do construction work. Naturally, this employment preference for residents discriminates against those who do not reside within the city or state. Nonresidents, however, are afforded extensive protection against discrimination by states and their political subdivisions by two clauses of the Constitution: the commerce clause and the interstate privileges and immunities, or comity, clause. This Article will analyze the …

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