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Articles 1 - 28 of 28
Full-Text Articles in Transportation Law
Access Management: Balancing Public And Private Rights In The Modern "Commons" Of The Roadway, Michael L. Stokes
Access Management: Balancing Public And Private Rights In The Modern "Commons" Of The Roadway, Michael L. Stokes
Cleveland State Law Review
This Article will begin by examining how the concept of a right of access to an abutting roadway developed and how courts treated early efforts to regulate roadway access for public welfare and safety. Next, we will see how public authorities began to comprehend the differences between mobility and land access and to perceive the conflict between traffic volume, traffic speed, and frequent driveways and intersections. This new knowledge led to the adoption of statewide permit-based programs to manage access to roadways using criteria calibrated to match each road’s function in the continuum between access and mobility. We will identify …
Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green
Off The Roads & Out Of The Courts: Enter A Technology Fix For Drunk Driving, Nora J. Pasman-Green
Journal of Law and Health
For years, scholars, scientists, policymakers, and public advocacy groups have been exploring and debating whether AIIDs (alcohol ignition interlock devices) would effectively prevent someone from driving drunk. AIIDs measure blood alcohol content (BAC), which is the underlying scientific evidence of driving impairment. Indeed, the technology supporting AIIDs has steadily improved. Progress toward a consensus that identifies and ranks the potential goals that can be achieved with the AIID technology is slowly crystallizing. AIIDs have their found into way into legislation, both nationally and internationally, particularly legislation aimed at repeat offenders. And, installing AIIDs as standard equipment on vehicles has, indeed, …
Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer
Shifting And Seizing: A Call To Reform Ohio's Outdated Restrictions On Drivers With Epilepsy, Kathryn Kramer
Journal of Law and Health
Presented herein is an analysis of the equity of epilepsy-related driving restrictions and the role that the state of Ohio may assume in the restructuring of such laws. Part two of this paper discusses the medical aspects of seizures and epilepsy, including basic etiology, treatments, and prognoses. Part three of this paper examines the different types of disabilities and the stigma that impacts individuals with epilepsy. Part four reviews the history of licensing and the Ohio Revised Code provisions that govern driving, licensing, and restrictions imposed upon individuals who have experienced seizures. Part five examines the Ohio case law that …
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Journal of Law and Health
This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …
Police Discretion And Traffic Enforcement: A Government Of Men, Illya Lichtenberg
Police Discretion And Traffic Enforcement: A Government Of Men, Illya Lichtenberg
Cleveland State Law Review
Police across the nation have long been accused of using the broad discretion afforded to them in traffic enforcement as a pretext for criminal investigation. Despite this widely held belief, there is little evidence to suggest that courts have put forth any effort, or have even considered remedying or reducing the wide spread abuse of police discretion in traffic stops, with the exception of racial profiling. This Article addresses the apparent gap in the legal and social science literature concerning the unequal enforcement of traffic laws. How extensive do the police abuse the discretionary powers they are afforded in enforcing …
Reach Out And Touch Someone: Cellular Phones Health, Safety And Reasonable Regulation, Lana Mobydeen
Reach Out And Touch Someone: Cellular Phones Health, Safety And Reasonable Regulation, Lana Mobydeen
Journal of Law and Health
In a nine-part discussion, this note addresses issues concerning the health and safety risks associated with the use of cellular phones, which will also include a section that focuses on the advantages of using cellular phones. It is essential to maintain cellular phones and their utility in our lifestyle for personal safety and security. Health and safety problems with cellular phones must be addressed by the least restrictive regulation possible in order to ensure the continued use and the many benefits that the cellular phone industry presents to our society.
Analyzing The Competitive Effects Of Mergers: Is There Anything Special About Railroads, Robert S. Stillman
Analyzing The Competitive Effects Of Mergers: Is There Anything Special About Railroads, Robert S. Stillman
Cleveland State Law Review
Empirical evidence demonstrates that mergers, on average, create value for shareholders of the merging firms. The relevant question from an antitrust perspective, however, is the source of these gains. Increased efficiency is one possibility. It is also possible that in some cases merger gains derive not from enhanced efficiency, but rather from an enhanced ability to realize "monopoly profits." To determine whether a proposed merger is likely to be pro- or anti-competitive, economists often follow the approach outlined in the United States Justice Department's Merger Guidelines and ask whether the merger seems likely to facilitate collusion. In reviewing the competitive …
Loss Of Rail Competition As An Issue In The Proposed Sale Of Conrail To Norfolk Southern: Valid Concern Or Political Bogeyman, Mark D. Perreault, Nancy S. Fleischman
Loss Of Rail Competition As An Issue In The Proposed Sale Of Conrail To Norfolk Southern: Valid Concern Or Political Bogeyman, Mark D. Perreault, Nancy S. Fleischman
Cleveland State Law Review
The Department of Transportation's plan to return Consolidated Rail Corporation (Conrail) to the private sector by selling the federal government's controlling interest to Norfolk Southern Corporation has, not surprisingly, been the subject of a spirited debate in the transportation and political community since its announcement in February, 1985. Critics have said that the sale proposal "runs directly contrary to [antitrust] policy goals" and would have a serious, adverse effect on competition. The proposal is a "flagrant violation of antitrust laws and would create an unconscionable monopoly." The purpose of this article is to examine the legal standards historically and currently …
The Products Liability Revolution - Proposals For Continued Legislative Response In The Automotive Industry, Stephen J. Werber
The Products Liability Revolution - Proposals For Continued Legislative Response In The Automotive Industry, Stephen J. Werber
Law Faculty Articles and Essays
The law of automobile product liability in the United States developed intially through a process of evolution, as evidenced by the more than four decades between the leading decisions in the area. Since then, the restrained evolution of judicial development has become a revolution with its major focus of attack in several significant areas, including: (1) crashworthiness, (2) strict liability in tort, (3) burden of proof to establish the existence of a "defect"; and (4) apportionment of liability judgments, i.e., comparative fault versus joint and several liability. The purpose of this Article is twofold: to trace and comment upon these …
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber
Law Faculty Articles and Essays
To fully appreciate the life-saving and injury-reduction capacity of seat belt restraint systems, it is necessary to examine several non-legal topics which have direct bearing on what the law should reflect. In addition, these topics could prove to have practical application for the attorney attempting to establish the necessity for judicial acceptance of the seat belt defense. These areas include: (1) the human and economic toll arising from automobile accidents; (2) the events that take place during an automobile collision in terms of vehicle dynamics and occupant kinematics; and (3) the effects of a seat belt restraint system upon occupant …
Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber
Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber
Law Faculty Articles and Essays
It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Icc Jurisdiction Of Great Lakes Rail-Water Competition, Arthur E. Miller
Cleveland State Law Review
The regulatory framework surrounding the transportation industry is complex and the absence of any easy resolution of contemporary problems fostered by competitive abuse can be appreciated only by viewing the development and application of administrative powers initiated by the Act to Regulate Commerce.Although the Interstate Commerce Commission has supervised the competitive arena , the age and condition of the Great Lakes fleet manifests water carrier inability to overcome railroad economic power. The viability and future existence of the Great Lakes water carrier could well be determined by a Commission decision in a in a current coal case which represents the …
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Cleveland State Law Review
The law governing the liability of a carrier for loss or damage to interstate shipments is set out in the Carmack Amendment. Prior to the enactment of this federal legislation, a body of law pertaining to this subject developed in the common law. The present law evolved from the earliest concepts of bailment relationship. The early statutes preserved many aspects of the common law. This article will refer to common law principles but will not focus on law as it was prior to the Carmack Amendment.
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …
Uninsured Motorist Defined, Henry A. Hentemann
Uninsured Motorist Defined, Henry A. Hentemann
Cleveland State Law Review
An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Cleveland State Law Review
Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.
Negligent Parking Of Automobiles, James G. Young
Negligent Parking Of Automobiles, James G. Young
Cleveland State Law Review
Liability for an accident involving both a moving vehicle and a stationary one is most commonly imputed to the moving vehicle. However, numerous cases involving various fact situations have held otherwise. It is the object of this note to review the reasoning of these decisions.
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Cleveland State Law Review
The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.
Uninsured Motorist Coverage, Henry A. Hentemann
Uninsured Motorist Coverage, Henry A. Hentemann
Cleveland State Law Review
This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …
Defense Of An Intoxicated Motorist, Carl H. Miller
Defense Of An Intoxicated Motorist, Carl H. Miller
Cleveland State Law Review
This examination into the various aspects of defending an intoxicated driver is by no means complete. Its purpose is to indicate the problem areas in which the most care must be taken in order to insure the constitutional rights of the client.The great majority of individuals charged with operating a motor vehicle while under the influence of an intoxicating liquor are convicted, and in most cases, rightly so. It is that small percentage of individuals wrongfully charged, or if rightfully charged, wrongfully convicted, that concerns the writer.
Defense Of An Intoxicated Motorist, Carl H. Miller
Defense Of An Intoxicated Motorist, Carl H. Miller
Cleveland State Law Review
This examination into the various aspects of defending an intoxicated driver is by no means complete. Its purpose is to indicate the problem areas in which the most care must be taken in order to insure the constitutional rights of the client.The great majority of individuals charged with operating a motor vehicle while under the influence of an intoxicating liquor are convicted, and in most cases, rightly so. It is that small percentage of individuals wrongfully charged, or if rightfully charged, wrongfully convicted, that concerns the writer.
Rules Of The Road On Private Land, Margaret Mazza
Rules Of The Road On Private Land, Margaret Mazza
Cleveland State Law Review
As the number of automobiles increases, and as a main attraction to retail merchandising becomes the amount of parking facilities available to customers, courts will be confronted more often with traffic accidents on private property. Whether the common law rules of negligence are used, or whether the statutory regulations are applied initially or indirectly by analogy, the courts will find it more and more important to settle this legal problem uniformly and realistically.
Interference With Land Access By Parked Vehicles, Janet Eterovich
Interference With Land Access By Parked Vehicles, Janet Eterovich
Cleveland State Law Review
One of the most important rights of the motorist is his right (some say privilege) to park on the street and highway. This right is very limited, however. It is restricted by the traffic regulations and nuisance statutes enacted and enforced in the various states under their police power to protect the health, safety and general welfare of their citizens. Those most interested in the motorist's right to park are other motorists and landowners whose property abuts on the highways. The rights and remedies of these parties determine the scope of this review.
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Tests For Automobile Guest Statute Application, Ford L. Noble, Donald L. Guarnieri
Cleveland State Law Review
Automobile guest statutes, like so many other new things that are a part of our daily life, were first approached with caution akin to apprehension, by both courts and lawyers. They were not quickly assimilated into the law. But today most of the ramifications of these statutes have been explored. Definite rules and standards have begun to take definite shape. The chief tests and criteria enunciated by the Ohio cases are generally valid anywhere.
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Elimination Of Railroad Grade Crossings, John M. Heffelfinger
Cleveland State Law Review
Why do federal, state and local agencies fail to bend every effort towards the elimination of all important grade crossings at railroads? With present day traffic, both on the railroads and on the highway, and the fine roads coupled with the motorist's desire to save time, every crossing is an important factor in our daily lives and the safety of our people. One of the main obstacles to progress is probably the fact that the entire law concerning grade crossing separations is in a state of chaos. The purpose of all this critical comment is to lay the groundwork for …
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Guest-Host Relation Termination After Beginning Of Journey, Donald Friborg
Cleveland State Law Review
Can an automobile guest-host relation terminate en route after the beginning of the journey? In the few cases where this question has been raised, the fact situations usually have contained common characteristics. They often have involved: 1. An initial guest-host relation, 2. Careless or negligent driving on the part of the operator, 3. A demand to be let out of the car by the guest, 4. The ignoring of, or refusal to recognize the validity of such demand by the driver, 5. A subsequent accident resulting in injuries to the guest.
The New Ohio Motor Vehicle Safety Responsibility Act, A Preliminary View, Nelson G. Karl
The New Ohio Motor Vehicle Safety Responsibility Act, A Preliminary View, Nelson G. Karl
Cleveland State Law Review
The purpose of the Ohio Motor Vehicle Safety Responsibility Act is to reduce the number of unsatisfied judgments entered against those found liable in motor vehicle accidents. The new Act provides that an operator of a motor vehicle must either carry liability insurance or be in a position to deposit security if and when he is involved in an accident. Under the present Financial Responsibility Act, the registrar revokes an operator's license where there is a failure to satisfy a final judgment. The new Act enables the registrar to revoke this license before a judicial body has made a determination …