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Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Koontz V. St. Johns River Water Management District: Can Environmental Impact Analysis Preserve Sustainable Development From The New Reach Of The Supreme Court's Exactions Jurisprudence?, Patrick F. Carroll

Pace Environmental Law Review

The United States Supreme Court has raised the legal standard for a municipality to use land use exactions for sustainable development. Land use exactions frequent local government affairs and occur when a government demands a dedication of land or money in exchange for a municipal approval, such as a permit. Koontz v. St. Johns River Water Management District found certain proposed government exactions for land use permits as “demands” on the applicant and required a “‘nexus' and ‘rough proportionality’ between the property that the government demands and the social costs of the applicant's proposal,” regardless of whether the exaction was …

The Tyranny Of Plastics: How Society Of Plastics, Inc. V. County Of Suffolk Prevents New Yorkers From Protecting Their Environment And How They Could Be Liberated From Its Unreasonable Standing Requirements, Albert K. Butzel, Ned Thimmayya

Pace Environmental Law Review

Ever since the Court of Appeals of New York issued its holding in the landmark case Society of Plastics Industry, Inc. v. County of Suffolk, citizen oversight of government-approved and government projects with environmental implications has suffered curtailment inconsistent with the objectives of the State Environmental Quality Review Act (SEQRA). At the center of the conflict between SEQRA and citizen enforcement are the restrictive standing requirements formulated by Society of Plastics, which include the demand that a petitioner demonstrate harm distinct from injury to the general public. Not only does such a prerequisite for consideration of a case's merits ignore …

Relief Under A Defective Municipal Contract In Ohio, George D. Vaubel

Akron Law Review

Th rapidly increasing tempo of concern for urban problems is giving rise to an ever-expanding range of literature devoted to their possible solution. Even in what might be considered a backwater of interest, the problems of municipal contracting, periodic examinations have taken place. Unfortunately, these have been undertaken almost exclusively by legal commentators, as most courts have been reluctant to make reassessments in a field in which the law at best must be considered to be largely an outgrowth of nineteenth century problems, thinking, and decisions. A recent case decided by the Ohio Supreme court, Pincelli v. Ohio Bridge Corp. …

Application Of Ohio Post-Conviction Procedure - Effect Of Prior Judgment On.; Coley V. Alvis, Thomas A. Geraci Jr.

Akron Law Review

In the per curiam decision of Coley v. Alvis' the United States Court of Appeals for the Sixth Circuit reversed an Ohio District Court decision dismissing Coley's petition for habeas corpus for failure to exhaust his state remedies. The circuit Court remanded, stating that it would be futile for petitioner to attempt to void his conviction under the Ohio post-conviction statute because of the narrow limits placed on it by the state courts and that there was consequently no longer any effective state remedy. Since the grounds that petitioner set forth to sustain his writ did not fall within any …

The Ohio Supreme Court's Traffic Court Rules: A Beginning Of Procedural Rule-Making, James G. France

Akron Law Review

With a simple one-page announcement on November 14, 1967, the Supreme Court of Ohio assumed not only the power of control, but, in a sense, responsibility for, the operations of one of the most variegated collections of minor courts in the country.' The occasion was its adoption of uniform rules of practice in traffic matters for all courts inferior to the court of common pleas. In so doing it joined a limited group of some eight states, led by New Jersey, which dared to enter a potential quagmire dominated by local politicians, traffic safety zealots, civil libertarians and assorted publicity …

Ohio's Post-Conviction Appeal Remedy, Timothy J. Murty

Akron Law Review

Ohio has recently adopted legislation intended to provide a prisoner with a means of testing, in the court which originally imposed sentence, the constitutional validity of his sentence. This legislation is intended to provide a remedy which will supplement the writ of habeas corpus. Jurisdiction in habeas corpus proceedings lies in the court of the county in which the prisoner is confined. In recent years the courts located in counties containing state correctional institutions have been deluged with habeas corpus petitions.

Criminal Responsibility: Knowledge, Will And Choice, Robert J. Willey

Akron Law Review

The Court acknowledged that the M'Naghten formula was the recognized test for insanity, that it was a test of criminal responsibility rather than a medical test of insanity, that it has been followed in a classic fashion, that each doctor had compressed his final conclusion into the required M'Naghten strait jacket, and that the defense had proved by the greater weight of the evidence that the defendant was not guilty by reason of insanity.

Both of these courts claimed to be following M'Naghten, though the Colby court decried its present use, and the Keaton court approved an instruction that included …

It's Not Just Ferguson: Missouri Supreme Court Should Consolidate The Municipal Court System, Thomas Harvey, John Mcannar, Michael-John Voss, Joshua Feinzig, Chris Mcallister

All Faculty Scholarship

The Missouri Supreme Court's unprecedented decision to take control of Ferguson's Municipal Court was based primarily on issues raised during sustained protest following the killing of Mike Brown and reports published by ArchCity Defenders and the Department of Justice. These reports highlighted racial disparity in traffic stops, excessive revenue generation, and excessive warrants and arrests and confirmed the lived experiences of poor and Black people in St. Louis: there is a racially discriminatory and profit-driven approach to law enforcement made possible only by the collaborative efforts of local government, police, and courts.

These condemned practices are not unique to Ferguson. …

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Application to Operate Facility)

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)

Standing; Assertion Of Jus Tertii; Sex Discrimination; Equal Protection; Twenty-First Amendment; Craig V. Boren, Anthony Sadowski

Akron Law Review

"A PPELLANTS brought an action in the United States District Court for the Western District of Oklahoma seeking declaratory and injunctive relief. The complaint charged that the operation of two Oklahoma statutes, which prohibited the sale of 3.2% beer to males under the age of 21 while allowing females over the age of 18 to purchase the commodity, violated the fourteenth amendment to the Federal Constitution. The three-judge court held that the gender-based classification did not violate the equal protection clause. In Craig v. Boren, on direct appeal, the United States Supreme Court reversed, finding that the gender-based classification could …

Ohio's Newest Consumer Protection: The Prepaid Entertainment Contract Act, Sandra S. Braden

Akron Law Review

The Prepaid Entertainment Contract Act is not complex in its drafting and should be readily understandable by the consumer in informing him of his rights under a future service contract. There are, however, several aspects of PECA which will require clarification. First, the definition of "first service" will present problems in construction if a practical application of the Act is to be realized. Second, the extent to which a violation of this Act constitutes a per se deceptive act under the Consumer Sales Practices Act may require interpretation.' Third, a proposed Trade Regulation Rule by the Federal Trade Commission concerning …

Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly

Akron Law Review

"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders

Akron Law Review

"Throughout its history, the constitutional basis of the FLSA has remained anchored in the Commerce Clause. However, despite the legitimacy of that purpose, the FLSA has been the subject of constant attacks since its inception, the most fervent of which has been the challenge to its constitutionality on state sovereignty grounds.

"Two recent United States Supreme Court cases construing the constitutionality of the FLSA and its amendments reflect not only the changing judicial posture toward extension of the Act to matters of state concern, but also the differing attitudes toward extension of the Commerce Clause itself."

Erosion Of State Sovereign Immunity And The Eleventh Amendment By Federal Decisional Law, Paul C. Weick

Akron Law Review

"This cloak of immunity in which state officials can wrap themselves to protect against damage suits brought by citizens under Civil Rights Acts has turned upon the office held by the official and his motive. Thus, through pigeonholing the amount of immunity available to an office-holder have led to varied results from the viewpoint of state officials. in general, officials operating within the judicial and legislative branches have absolute immunity, while those in the executive branch have only qualified immunity.

"This article will explore recent court decisions discussing the issues of sovereign state immunity from suit in the federal courts …

Representative Government And The "Bible Commonwealth" In Early Massachusetts, George L. Haskins

Akron Law Review

THE TITLE OF THIS ARTICLE may seem somewhat paradoxical, or at the very least to require some definition of terms. If the government of the colony of Massachusetts Bay in early New England was indeed a "Bible Commonwealth," or even a theocracy, as it has also been characterized, is that not inconsistent with its being a "representative government" in any broad, or even literal sense? Alternatively, even if the government contained a recognizable representative element, was its voice so small, so insignificant, or so manipulated that it merely supported an entrenched religiously inspired oligarchy? The paradox, if there is one, …

Shifting The Burden Of Proving Self-Defense - With Analysis Of Related Ohio Law, Randy R. Koenders

Akron Law Review

Senate Bill Number 42 was introduced into the Ohio General Assembly on February 1, 1977. The bill provides that while the burden of proof for all elements of the criminal offense with which an individual is charged rests upon the prosecution, the burden of proof for affirmative defenses rests upon the defendant, and he must prove his affirmative defense by a preponderance of the evidence. Because the bill raises serious questions concerning placing the burden of persuasion with respect to affirmative defenses generally, and self-defense in particular, on the defendant, a study of the law and policy involved in shifting …

Strict Liability Comes Of Age In Ohio: Almost, Stephen J. Werber

Akron Law Review

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 strict liability and had engendered considerable confusion as to the substantive theory supporting possible recovery. Temple apparently ended the confusion.

Liability For Product Design In Ohio - A First Step Toward Solution, Edgar A. Strause, James H. Hedden

Akron Law Review

This article concerns an area of the law of strict liability in tort which is now emerging from an embryonic stage in Ohio - namely, a manufacturer's liability for conscious design choices in developing its product. It is the thesis of this article that in the recent case of Temple v. Wean United, Inc., the Ohio Supreme Court has taken a major step toward a solution to the inherent difficulties in passing judgment upon the reasonableness of a manufacturer's conscious design choices. In doing so, the court has simultaneously lessened the otherwise open-ended exposure of manufacturers to liability concerning …

New Investment Powers For Ohio Savings Associations

Akron Law Review

The scope of the Ohio statute is severely limited and complicated by federal laws and regulations concerning liquidity requirements, bank holding companies, and antitrust restrictions. The remainder of this article will focus on these limitations and other problems encountered by savings associations in the creation and operation of a bank for savings associations in Ohio. Specifically, part II discusses who may form a bank for savings associations in Ohio and with whom the bank can transact business. Part III explains the application of the Bank Holding Company Act as a limitation on investments, and how savings associations can avoid application …

Tie-In Statutes And Parity Regulations And Their Constitutionality

Akron Law Review

The first of the student articles on savings associations will examine various types of tie-in statutes and parity regulations which states have enacted to give their local savings associations the same powers as their federal counterparts. A framework for predicting the constitutional integrity of such statutes and regulations will then be established by reviewing United States Supreme Court analyses of federal statutes which, much like state parity statutes, delegate legislative power to administrative agencies. By using Ohio case law on delegation of authority, Ohio's statute which grants rule-making power to the Superintendent of Building and Loan Associations will then be …

The New Ohio Mental Health Act, Janice Gui, Sandra S. Braden, John J. Lavin

Akron Law Review

The purpose of this comment is to highlight the new procedural and substantive rights that are now guaranteed to the person sought to be committed for mental illness. The writers seek to evaluate it against a background of social and medical desirability, as well as constitutional mandates. One should keep in mind that our current method of dealing with the mentally ill is by no means either universal or necessary. Other societies have used different methods; some have been less compassionate, while others have been more so. In order to attempt to place Ohio's law in this broad perspective, the …

Branch Banking In Ohio Under Senate Bill 256, Benito C.R. Antognoli

Akron Law Review

Presumably intending to enable more viable banks to proliferate, the Ohio General Assembly, in 1933, repealed the original branching law and enacted legislation allowing limited branching. This legislation remained in effect for forty-five years. It was not until April 27, 1978, that a major change in Ohio's branching law was passed, with the enactment of Amended Substitute Senate Bill 256.

Third Party Payments For Thrift Associations - The Latest Round, Joseph M. Lynch Jr.

Akron Law Review

This article will look at the state of third party payment systems. First, it will review the history of the NOW account and some problems which have arisen as to negotiability. Second, it will examine the experiences of state-chartered associations that have offered NINOWs. Third, AFT and POAs will be examined in light of recent developments. Finally, the Ohio scheme will be examined to determine if an Ohio-chartered savings and loan could offer a type of NOW account.

Alternative Mortgage Instruments In California, Edward S. Washburn

Akron Law Review

Much interest has been generated recently in California and elsewhere in what have been termed alternative mortgage instruments (AMIs). Two separate sets of pressures have been responsible for this. One has been the tremendous increase in the cost of lendable funds requiring constantly higher yield on each lender's overall mortgage portfolio. This has been induced by the inexorable increase in interest rates required to be paid by mortgage lenders in order to obtain lendable funds for home ownership loans, along with unremitting escalation of operating costs. The second pressure has been the persistent escalation of the cost of the conventional …