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Articles 181 - 210 of 238
Full-Text Articles in State and Local Government Law
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Maintaining Residential Integration: Municipal Practices And Law, Kermit J. Lind
Cleveland State Law Review
This Article focuses on the policies and programs that can be established to sustain racial diversity in housing. It reviews the circumstances that give rise to such policies and programs, describes the legal framework within which they must be fit, and examines some of them in light of the needs and interests of policy makers in communities that are open to minority groups. Since effective housing integration policies and programs can vary significantly from one place to another, each municipality must consider its options in view of its circumstances and the changing conditions in its housing market. In response to …
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein
Cleveland State Law Review
It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Cleveland State Law Review
Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …
State Court Intervention In School Finance Reform, Annette B. Johnson
State Court Intervention In School Finance Reform, Annette B. Johnson
Cleveland State Law Review
This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
The Relationship Between Military And Civil Power In Ohio, John Kulewicz
Cleveland State Law Review
State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman
Cleveland State Law Review
It would appear that in Ohio today fiscally hard-pressed localities may be able to avoid state-mandated obligations by relying on a claim of impossibility. While the law in this area is not settled, it would seem that the mandatory programs most vulnerable to attack are those providing benefits to the impoverished or the young. The remainder of this Article will analyze the doctrine of impossibility and review the scope of judicial authority to compel local participation in mandated programs.
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne
Cleveland State Law Review
The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber
Law Faculty Articles and Essays
In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.
Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck
Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck
Cleveland State Law Review
This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible …
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane
Cleveland State Law Review
The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Cleveland State Law Review
In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
The Authority Of The Public Employer To Engage In Collective Bargaining In The Absence Of A State Statute: Ohio, A Case In Point, Karen Berns Newborn
Cleveland State Law Review
This comment will discuss the traditional arguments against public sector collective bargaining, suggest answers to those arguments, and analyze the Dayton Classroom Teachers Association decision. It will conclude with an analysis of how the issues should be considered and suggest the problems which are presented by Ohio's case law.
Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann
Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann
Cleveland State Law Review
Dynamic changes have occurred in recent years in the area of prisoners' rights. The antiquated view that prisoners were without any rights - that prisoners were "slave [s] of the State' – has been replaced by the more progressive view that a prisoner retains all rights of an ordinary citizen except those rights expressly or necessarily taken from him by law. As will be seen below, the areas of mail rights and visitation rights have been particularly dynamic. In light of the changing views regarding prisoners' rights, one may wonder what the current Ohio regulations regarding mail and visitation within …
Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever
Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever
Law Faculty Articles and Essays
O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …
A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones
A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones
Cleveland State Law Review
The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …
Disorderly Conduct Statutes And Ohio, Charles M. Young
Disorderly Conduct Statutes And Ohio, Charles M. Young
Cleveland State Law Review
In Ohio, as throughout the country, the peace and good order of communities are often protected by vague disorderly conduct statutes which fail to sufficiently define prohibited conduct. The failure of such statutes to provide specific standards for enforcement, and the determination of the courts to uphold these laws, may lead to an arbitrary standard of justice. Whens the courts are presented with a vagueness question concerning an archaic city or state statute, they should be eager to void, rather than careful to limit and interpret the language of the law. It is the duty of the legislatures to provide …
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby
Cleveland State Law Review
Case comment on Cincinnati v. Hoffman.
A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.
A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.
Cleveland State Law Review
The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack
Cleveland State Law Review
In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.
Judicial Review For Ohio's Civil Servants, Donald Applestein
Judicial Review For Ohio's Civil Servants, Donald Applestein
Cleveland State Law Review
With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
State Legislative Response To The Housing Crisis, Richard E. Streeter, David G. Davies, Arthur V. N. Brooks
Cleveland State Law Review
Great public attention has recently been focused on the crisis in housing facing all major urban areas in this country. This article has been prepared to bring close attention to one segment of the hoped for solution-legislative action needed on the state level.
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Cleveland State Law Review
Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming …
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Impact Of A Community Association On Integrated Suburban Housing Patterns, Stephen J. Alfred, Charles R. Marcoux
Cleveland State Law Review
Community associations-neighbors who join together in recognition of common interests and sometimes in pursuit of greater political influence-appear and disappear with the ebb and flow of local issues. Home community organizations have concerned themselves with installation of improvements, such as sidewalks and sewers; others, with the quality of municipal services, property maintenance, and compliance with building and zoning laws. More recently, however, such community organizations have sprung into life for the purpose of dealing with the emotionally-charged issue of racial integration in their neighborhoods. This paper will explore the development of The Lomond Association, a community organization committed to a …
Book Review, Arnold H. Sutin
Book Review, Arnold H. Sutin
Cleveland State Law Review
Reviewing Milton Kotler, Neighborhood Government: The Local Foundations of Political Life, Bobbs-Merrill Co., 1969
Public Employees' Right To Strike, Marc J. Bloch
Public Employees' Right To Strike, Marc J. Bloch
Cleveland State Law Review
In a society which demands constantly increased services from its government, work stoppages in the public sector are cause for growing concern. Public employees are involved in myriad of service jobs. Yet, public employees are the largest group of employees in Ohio who lack basic labor rights.