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State and Local Government Law Commons™

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2015

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Articles 91 - 120 of 401

Full-Text Articles in State and Local Government Law

Equal Protection; Sex Discrimination; Veterans' Preference Statutes, Feeney V. Massachusetts, Eloise Taylor Jul 2015

Equal Protection; Sex Discrimination; Veterans' Preference Statutes, Feeney V. Massachusetts, Eloise Taylor

Akron Law Review

"Historically, the armed services have been predominantly male. The result has been that the operation of veterans' preferences has placed women as a class at a particular disadvantage in comparison to men when in or entering into civil service.' To nullify this stigma, the first successful challenge to veterans' preference, Feeney v. Massachusetts,' was litigated."

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Electric Fuel Adjustment Clause Review In Ohio, Kevin F. Duffy Jul 2015

Electric Fuel Adjustment Clause Review In Ohio, Kevin F. Duffy

Akron Law Review

"One indirect result of the [Arab] oil embargo was the Ohio General Assembly's passage of Amended House Bill 579, a law which requires the Public Utilities Commission of Ohio to periodically review the fuel adjustment charges of the state's electric utilities.2 The law has been in effect for over three years now and its success, or lack thereof, has become the subject of public debate. This article will recount Ohio's experience thus far with fuel adjustment clause review and will address the question of whether the fuel adjustment clause should be abolished, which necessarily raises the issue of whether the …

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The Antitrust Laws And The Health Industry, Robert P. Borsody Jul 2015

The Antitrust Laws And The Health Industry, Robert P. Borsody

Akron Law Review

"The health industry is one of the largest and fastest growing sectors of the nation's economy, yet in the past, trade regulation cases arising in this area have been disproportionately few. Today this is changing. The courts and regulatory agencies have increasingly held the attitude that if physicians and health care providers wish to reap the benefits of commercial activity they must bear the burden of competition, including trade regulation."

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Apartments And Houses: The Warranty Of Habitability, Walter H.E. Jaeger Jul 2015

Apartments And Houses: The Warranty Of Habitability, Walter H.E. Jaeger

Akron Law Review

“The trend towards greater consumer protection so evident in the products liability field is clearly discernible in the sale of new homes by the builder-vendor, and in the leasing of apartments by landlords. Some of the fundamental concepts of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts. It seems safe to predict that the warranty of habitability which governs the sale of new homes by the builder-vendor, adopted by a substantial majority of jurisdictions, …

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Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst Jul 2015

Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio, James C. Ellerhorst

Akron Law Review

“In Bell v. Ohio and Lockett v. Ohio the United States Supreme Court found the sentencing provisions of the Ohio capital punishment statute to be incompatible with the eighth and fourteenth amendments which prohibit cruel and unusual punishment. These two opinions represent the most recent attempt by the Supreme Court to explain what elements must be included in a constitutionally valid capital punishment statute.”

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Commerce Clause; Privileges And Immunities Clause; State Hiring; Discrimination Against Nonresidents; Hicklin V. Orbeck, Donna N. Kemp Jul 2015

Commerce Clause; Privileges And Immunities Clause; State Hiring; Discrimination Against Nonresidents; Hicklin V. Orbeck, Donna N. Kemp

Akron Law Review

"In Hicklin v. Orbeck, the United States Supreme Court unanimously held' that Alaska's statute entitled "Local Hire Under State Leases"' violates the Constitution due to its discriminatory effect on nonresidents. Basing its decision on the Privileges and Immunities Clause,' the Court found that there was insufficient justification for the extensive discrimination against nonresidents required by the Act because the unemployment problem to be alleviated by the legislation was not due to a great influx of nonresident jobseekers. Rather, the Court attributed the problem to the fact that a large percentage of the unemployed in Alaska lack sufficient education and job …

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In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus Jul 2015

In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp., Eloise Lubbinge Mackus

Akron Law Review

The United States Court of Appeals, Second Circuit, in O'Connor v. Lee-Hy Paving Corp., upheld New York's insurance attachment procedure which serves as a vehicle for gaining personal jurisdiction over out-of-state defendants in causes of action that arise outside of New York. The court thereby determined that New York federal courts, in applying the procedures, had not violated defendant's due process because the minimum contacts requirement of the recent United Stated Supreme Court case, Shaffer v. Heitner, had been met.

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17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island Jul 2015

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

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Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley, Amie Bruggeman Jul 2015

Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley, Amie Bruggeman

Akron Law Review

With the constant problem of accidents caused by drinking drivers and the fairly reliable results of breathalyzer tests established, judicial decisions have upheld the statutory scheme providing for its use through an era when rights of an accused have been greatly expanded. It has been held that the breathalyzer test results are not testimonial but physical evidence and therefore not protected by the Fifth Amendment privilege against self-incrimination. Thus, the accused has no constitutional right to refuse to take the test, and the prosecutor may comment at the trial on his refusal relying on its' probative value as to whether …

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Obscenity Law In Ohio, Richard H. Harris Jul 2015

Obscenity Law In Ohio, Richard H. Harris

Akron Law Review

Ohio's new obscenity statutes enacted in 1972 and made effective on January 1, 1974 are interesting to examine in light of recent Supreme Court holdings. The changes made in Ohio's obscenity statutes over the years reflect the Supreme Court's guidelines in varying degrees. Before looking at some of these recent statutes, as well as the present one in effect today, it is necessary to review the major Supreme Court decisions which have set these guidelines.

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Savings And Loan Service Corporations: Regulations In Ohio, Ronald E. Alexander Jul 2015

Savings And Loan Service Corporations: Regulations In Ohio, Ronald E. Alexander

Akron Law Review

The purpose of this article is to examine Ohio's scheme for regulating service corporations. This examination includes the history of service corporation regulation in Ohio, the scope of permissible business activities of these corporations, investment limitations for parent savings associations and the supervisory authority of the Ohio Division of Building and Loan Associations [Division]. Perhaps this article will also provide a useful vehicle for judging whether the risks perceived by the GAO and FHLBB can arise from a single state's regulatory scheme for service corporations. It must be remembered that any such risks inherent in Ohio's scheme threaten not only …

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Local Rules Of Court, J. Patrick Browne Jul 2015

Local Rules Of Court, J. Patrick Browne

Akron Law Review

In the vast majority of cases, the Ohio Rules of Civil Procedure will be the primary source of authority governing the practice and procedure to be followed. But in some instances, the primary source of authority will be statutory, and the applicable sections of the Ohio Revised Code may or may not be supplemented by the Ohio Rules of Civil Procedure.

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The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan Jul 2015

The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan

Akron Law Review

The purpose of this article is to examine prior inconsistent statements of opinion and point out why their exclusion, when offered to impeach, is improper. Ohio's three leading cases on this point will serve to exemplify the improper characterization and exclusion of these statements.

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Developments In Ohio Savings And Loan Law: 1980, Ronald E. Alexander Jul 2015

Developments In Ohio Savings And Loan Law: 1980, Ronald E. Alexander

Akron Law Review

This 1981 edition of the Akron Law Review has continued to fulfill the objectives of that first editorial board in 1978: to both provide a forum for professional and student work that explores the legal regimes which impact upon savings associations and to make a continuing contribution to the body of savings and loan law literature that is surely needed by the practicing attorneys who serve as counsel for savings associations.

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Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman Jul 2015

Guardianship Of Adults With Mental Retardation: Towards A Presumption Of Competence, Amie L. Bruggeman

Akron Law Review

Statutes should be revised so that people with varying levels of mental retardation are allowed to live as independently as they are able. To achieve this goal, legislators and members of the legal community must become aware of the nature of mental retardation, consider the individual personhood of one having this condition, and devise a legal framework with enough flexibility to accommodate both the individual and society. Ohio's guardianship laws and their relationship to adults with mental retardation require analysis. Although progress has been made in Ohio towards the goal of facilitating maximum enjoyment of independence, the present guardianship laws …

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An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow Jul 2015

An Examination Of The Current Ohio Condominium Law, Patricia Mcquillen Billow

Akron Law Review

Ohio sanctioned condominiums in 1963 by enacting the Condominium Property Act. The act addresses five issues: (1) the creation of the condominium form of ownership; (2) the respective interests each unit owner possesses in the common area; (3) the administration of the condominium; (4) the rights of the lienors; and, (5) the removal of the property from the Act's provisions. The Act was amended in 1978 to facilitate consumer protection. This comment will examine the 1978 amendment and evaluate its effectiveness. It will then examine the tax considerations involved in the purchase of a condominium unit.

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The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty Jul 2015

The Case Against Strict Liability Protection For New Home Buyers In Ohio, Karen Doty

Akron Law Review

In Ohio, home buyers have several means available to protect their investment and assure themselves of getting their money's worth. First, and foremost, the Ohio courts, while not mandating either implied warranties of habitability or strict liability, have offered some protection to the consumer in holding builders to a standard of workmanship commensurate with that prevailing in the trade locally. Ohio courts also recognize collateral covenants with regard to construction that do not merge with the deed when title is transferred.

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The Courtroom Status Of The Polygraph, John A. Turlik Jul 2015

The Courtroom Status Of The Polygraph, John A. Turlik

Akron Law Review

This comment will inform the reader of the status and various uses of the polygraph available to the criminal attorney, with an emphasis on Ohio law.

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Municipal Annexation In Ohio, Howard S. Essner Jul 2015

Municipal Annexation In Ohio, Howard S. Essner

Akron Law Review

The adoption of aggressive municipal annexation programs by many cities in Ohio has often resulted in controversy. This is especially true in the City of Akron where recent attempts to annex large sections of neighboring townships have met with strong resistance from residents. The animosity created by this issue has made cooperation between the city and the townships virtually impossible, resulting in both an ineffective government and an inefficient use of resources. To resolve this conflict, the parties have engaged in protracted legal battles which test recent statutory changes in the law of annexation in Ohio. The outcome of these …

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Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore Jul 2015

Comparative Negligence In Ohio: Prospective Or Retrospective Application, Beth Whitmore

Akron Law Review

Under Revised Code § 2315.19, the contributory negligence of the plaintiff is no longer an absolute bar to recovery. Only where a plaintiff's fault is greater than that of all defendants combined is that plaintiff precluded entirely from recovery. Thus under the new Ohio statute, the possibility of recovery for the negligent plaintiff is significantly enhanced while at the same time liability exposure of the defendant is proportionately enlarged. It is therefore of critical importance to determine whether such an alteration in the relative rights of litigants is constitutional.

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Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank Jul 2015

Reunification Planning For Children In Custody Of Ohio's Children Services Boards: What Does The Law Require?, Norma Blank

Akron Law Review

Ohio law mandates that each of its eighty-eight counties has a county department of welfare or a county children services board with powers and duties to provide appropriate care, protection or services to children whose situations warrant such intervention. This mandate is a reflection of society's recognition that where there is parental incapacity to provide a safe and healthful home environment for the children, the state has an obligation to intervene in the children's behalf. For some families this ultimately results in the termination of parental rights and the permanent placement of the children outside the parental home.

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Ohio Supreme Court Symposium Jul 2015

Ohio Supreme Court Symposium

Akron Law Review

During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.

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Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil Jul 2015

Ohio's Statute Of Limitations, Baird V. Loeffler, Amy L. O'Neil

Akron Law Review

The decision in Baird v. Loeffler is another victory for physicians and medical malpractice insurers. It will not be well accepted by plaintiff's attorneys or by others who advocate the rights of patients, especially minors, to be compensated for injuries sustained by them due to a physician's negligence. The case focuses on an amendment to the Ohio Medical Malpractice Statute which became effective July 28, 1975. The issue in Baird is the proper statutory construction that should be given to the statute where a minor's cause of action arose prior to the effective date of the statute. In effect, the …

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Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A), Virginia L. Scigliano Jul 2015

Failure Of Commencement, The Forgotten Defense - A Comment On Ohio Civil Rule 3(A), Virginia L. Scigliano

Akron Law Review

This article will provide an in depth analysis of Rule 3(A). The analysis is divided into four sections. The first section examines the historical development of Rule 3(A) and the problems that developed and exist today. Section two discusses the meanings and specific interpretations given to the language of the rule. The unstated prerequisites of existence and capacity are analyzed in section three. And, in section four, Rule 3(A)'s forgotten defense is discussed and a model is developed for using the defense of failure to commence.

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The Ohio "Sunshine" Act: An Appraisal, Frederic White Jul 2015

The Ohio "Sunshine" Act: An Appraisal, Frederic White

Akron Law Review

T HE OHIO OPEN MEETINGS or "Sunshine" law has existed in its present form since November 28, 1975 [hereinafter the "Sunshine Law" or "The Act"].' So-called open meeting legislation is neither new or unique to Ohio. Indeed, every state has enacted one or more open meetings laws. This article will examine the Sunshine Law to determine whether it has served its purpose, that is, making the processes of government more accessible to the citizens of the state of Ohio, and suggest some changes to increase the effectiveness of the legislation.

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Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals, Jeffrey A. Parness, Jack E. Reagle Jul 2015

Reforms In The Business And Operating Manner Of The Ohio Courts Of Appeals, Jeffrey A. Parness, Jack E. Reagle

Akron Law Review

This article will review, and comment upon, some of the techniques available to the Ohio appeals courts. The task of preparing this article was facilitated greatly by the many Ohio appeals court judges who responded to a survey letter, reproduced in the appendix, sent by the authors in the Summer of 1981. The results of this survey are incorporated in the following pages, though we are confident they do not represent the judges' last words. To promote further dialogue, we have deleted references to the names of the particular judges whose remarks are noted, and have instead assigned each judge …

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Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold Jul 2015

Incorporation Of Professionals In Ohio: Past, Present, And Future, M. Thomas Arnold

Akron Law Review

In 1961 the Ohio General Assembly enacted Chapter 1785 of the Ohio Revised Code authorizing the creation of professional associations. This legislation was deficient when enacted. Yet, despite criticism of the act and adequate opportunity, the Ohio Legislature has failed to reform this chapter of the Revised Code. This article will look at some of the background out of which the Ohio professional association legislation arose and at the substance and deficiencies of that legislation. Comments will be made on how the proposed Ohio Professional Corporation Act, promulgated in 1979 by the Corporation Law Committee of the Ohio Bar Association, …

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Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff Jul 2015

Initiative And Referendum, Carter V. Celebrezze, Maryanne Rackoff

Akron Law Review

At the beginning of the twentieth century, the process of popular legislation through the use of initiative and referendum measures gained popularity in the United States. It was during this period that twelve states, including Ohio, adopted the measures of initiative and referendum. Theodore Roosevelt advocated the adoption of these measures at the Ohio Constitutional Convention of 1912 where the Ohio legislature enacted provisions for the use of these methods of popular legislation.

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Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross Jul 2015

Power Of Municipal Corporations To Lay Off Employees, Atwood V. Judge, Warren R. Ross

Akron Law Review

At a time when the future of the American economy appears bleak, and the necessity to curtail vital urban services becomes commonplace in our cities, the significance of the decision rendered by the Ohio Court of Appeals for Columbiana County in Atwood v. Judge' deserves to be noted. The tension between the public interest in maintaining vital services within the community and the state mandate' that a city operate within its budget is not satisfactorily resolved by the court.

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Tsars, Task Forces And Standards: The New “Irs”?, John Casey Jul 2015

Tsars, Task Forces And Standards: The New “Irs”?, John Casey

Publications and Research

Institutional processes for regulating government-nonprofit relations in the U.S. are experiencing substantial growth, particularly at the state level. First, cabinet-level nonprofit “tsars” are being appointed by state governments as point persons for communication and coordination with nonprofits. Second, high-level cross-sector task forces are being established to examine the current relations between the sectors and to recommend reforms in regulatory and oversight processes. Third, nonprofit industry associations are developing statements of operating standards that seek to promote greater discipline in operations. These processes are potentially harbingers of the creation of new institutionalized relationship systems (IRS). This paper examines the emergence of …

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