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Cleveland State Law Review

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Articles 151 - 170 of 170

Full-Text Articles in State and Local Government Law

Ohio's Local Government Fund, Lawrence J. Rich Jan 1966

Ohio's Local Government Fund, Lawrence J. Rich

Cleveland State Law Review

This paper will briefly explain the history of the Local Government Fund in Ohio, trace its changes, examine the statutes involved as well as the court decisions, explain the position of other states in their distribution of sales tax monies, and examine possible shortcomings and possible improvements in the present system of distribution.

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Birth And Death And Governmental Immunity, Verne Lawyer Jan 1966

Birth And Death And Governmental Immunity, Verne Lawyer

Cleveland State Law Review

Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …

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State Attorney General - Guardian Of Public Charities, Robert L. Gray Jan 1965

State Attorney General - Guardian Of Public Charities, Robert L. Gray

Cleveland State Law Review

In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …

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Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan Jan 1965

Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan

Cleveland State Law Review

This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.

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The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin Jan 1965

The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin

Cleveland State Law Review

In Ohio the Attorney General shall appear in any court or tribunal in which the state is interested. The common law interpretation of the duties of the Attorney General regarding charitable trusts in the state of Ohio has been supplanted by statutory law which is enumerated in Sections 109.23-109.33 of the Ohio Revised Code, often referred to as the Charitable Trusts Act.

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Statutory Regulation Of Hypnosis, James T. Brennan Jan 1965

Statutory Regulation Of Hypnosis, James T. Brennan

Cleveland State Law Review

Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …

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Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather Jan 1964

Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather

Cleveland State Law Review

In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …

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Governmental Immunity Of County Hospitals, Alice K. Henry Jan 1964

Governmental Immunity Of County Hospitals, Alice K. Henry

Cleveland State Law Review

The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.

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Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol Jan 1963

Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol

Cleveland State Law Review

Many long established thoroughfares are presently being abandoned and vacated to make way for the erection of urban redevelopment programs and the construction of freeway systems. Similarly, the application of scientific principles of traffic engineering to the modernization of existing thoroughfares eliminates jogged intersections and reduces sharp curves, frequently entailing vacation of the abandoned portions of such relocated roads. Resubdividing undeveloped tracts sometimes necessitates vacation of dedicated but unimproved streets in favor of revised thoroughfare plans. Modern fashion has rendered many alleys and courts obsolete and unnecessary. To avoid the expense of their maintenance both abutting owners and governmental subdivisions …

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Mandamus For Zoning Appeals, James Jay Brown Jan 1962

Mandamus For Zoning Appeals, James Jay Brown

Cleveland State Law Review

With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …

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Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff Jan 1961

Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff

Cleveland State Law Review

Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.

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Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr. Jan 1958

Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.

Cleveland State Law Review

Growth of many American cities into vast metropolitan communities of suburban cities, towns and villages clustered about the central city is creating complex problems of local government. Duplication of services and costs is matched by artificial "compartmentalization" of adjacent areas, all developing with little or no overall plan or logic.Herein, four outstanding community leaders examine the problem in terms of the situation in the Ohio area of Cuyahoga County, around the core city of Cleveland. Extracts from four speeches are set forth here, all delivered at a recent luncheon of the Cleveland-Marshall Alumni Association.

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Book Review, Paul R. Donaldson Jan 1958

Book Review, Paul R. Donaldson

Cleveland State Law Review

Reviewing Charles S. Rhyne, Municipal Law, National Institute of Municipal law Officers, 1957

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Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger Jan 1957

Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger

Cleveland State Law Review

Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.

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Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe Jan 1957

Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe

Cleveland State Law Review

The office of the Attorney General of Ohio was established by the Constitution of 1851 in Article XII, Section 1. The duties of the Attorney General and the functions of the Office are prescribed by statute. That places the Attorney General as the last of our statutory officers in Ohio. The Attorney General, if there was any before the Constitution of 1851, served at the pleasure of the Governor as a legal advisor. And some of the things I shall say later reflect the importance of making this a Constitutional office, thus putting a different light on the function of …

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Oath Of Office, William F. Burns Jan 1956

Oath Of Office, William F. Burns

Cleveland State Law Review

An "oath" is declared to be the calling upon God to witness that what is said by the person sworn is true. It includes an affirmation and embraces every method whereby the conscience of a witness is obligated to testify to the truth. The contents of an oath may vary according to the conditions existing at the time the person is sworn. Generally speaking no particular form of words is necessary. In many instances, however, the Ohio code provides what the oath shall contain. These provisions are mandatory and the language of the statute must be strictly adhered to.

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Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald Jan 1955

Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald

Cleveland State Law Review

The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …

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Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo Jan 1954

Peace-And-Order Power Of An Ohio Municipal Corporation, Louis B. Perillo

Cleveland State Law Review

Ohio Const. Art. XVIII, Sec. 3 endows the municipalities with those powers of local self-government ".. .as are not in con-flict with general laws." The courts have unanimously interpreted the general laws to be those laws which have been enactedy the General Assembly. A question of conflict arises (1) wherehe state and the municipality each have prohibited the same act and where each seeks to enforce, independent of the other; (2) where the municipality seeks to prohibit that which the state permits, or seeks to permit that which the state prohibits;and (3) where the municipality provides a penalty in excess …

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Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner Jan 1954

Relics Of The Emperors - Louisiana Civil Law, W. K. Gardner

Cleveland State Law Review

The State of Louisiana has some unique and interesting laws, not common to the other states. Having been under the dominion of France, Spain and France alternatively, before it was purchased by the United States, it is not unnatural that Louisiana's basic law should be drawn from those countries, and especially from the Code Napoleon. Like most countries of continental Europe, France and Spain adopted, to a great extent, the civil law of Rome, as distinguished from the English common law. After the purchase of Louisiana by the United States the people of the territory demanded and were granted the …

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Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray Jan 1953

Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray

Cleveland State Law Review

The issue of the right of recovery by a building contractor who has failed to comply literally with specifications of building codes and ordinances has provoked much discussion and has brought forth opinions from courts and text writers, many of which are diametrically opposed. The authorities are generally agreed that a contract, whether it be a building contract or not, which upon execution will, by the thing which it tends to create, breach a positive law, is void and unenforceable. But, as is true of other rules of law which can not and do not have universal application, the courts …

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