Liability For Product Design In Ohio - A First Step Toward Solution,
2015
The University of Akron
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,
2015
The University of Akron
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,
2015
The University of Akron
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,
2015
The University of Akron
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,
2015
The University of Akron
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,
2015
The University of Akron
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,
2015
The University of Akron
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 …
Equal Protection; Sex Discrimination; Veterans' Preference Statutes, Feeney V. Massachusetts,
2015
The University of Akron
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."
Electric Fuel Adjustment Clause Review In Ohio,
2015
The University of Akron
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 …
The Antitrust Laws And The Health Industry,
2015
The University of Akron
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."
Apartments And Houses: The Warranty Of Habitability,
2015
The University of Akron
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, …
Death Penalty; Cruel And Unusual Punishment; Individualized Sentencing Determination; Lockett V. Ohio; Bell V. Ohio,
2015
The University of Akron
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.”
Commerce Clause; Privileges And Immunities Clause; State Hiring; Discrimination Against Nonresidents; Hicklin V. Orbeck,
2015
The University of Akron
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 …
In Rem Jurisdiction; Attachment Of Insurance Debts; State Statutes; O'Connorv. Lee-Hy Paving Corp.,
2015
The University of Akron
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.
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015,
2015
Roger Williams University
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.
Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley,
2015
The University of Akron
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 …
Obscenity Law In Ohio,
2015
The University of Akron
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.
Savings And Loan Service Corporations: Regulations In Ohio,
2015
The University of Akron
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 …
Local Rules Of Court,
2015
The University of Akron
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.
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position,
2015
The University of Akron
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.
